LexThe Maharashtra Merged Territories Miscellaneous Alienations Abolition Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1955 : XXII] 1
THE MAHARASHTRA MERGED TERRITORIES MISCELLANEOUS
ALIENATIONS ABOLITION ACT
[Text as on 5th June 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Act not to apply to certain kinds of alienations.
CHAPTER II
Abolition of alienations and conferment of occupancy rights
4. Abolition of alienation and rights and incidents in respect thereof.
5. Liability of alienated lands to payment of land revenue.
6. Occupancy rights in respect of alienated lands held under community service inam.
7. Occupancy rights in respect of lands held under watan.
8. What persons to be occupants in Wanta or Giras.
9. Occupancy rights in respect of alienated land to which section 6, 7 or 8 does not apply.
10. Effect of failure to pay occupancy price.
11. All public roads, etc., situate in alienated land to vest in Government.
12. Rights to trees.
13. (Deleted).
CHAPTER III
COMPENSATION AND AWARD THEREOF
14. Compensation in respect of alienation consisting of assignment of land revenue.
15. Compensation in respect of allowances in cash or kind.
16. Compensation in respect of property referred to in section 11.
17. Method of awarding compensation to alienee.
18. Method of awarding compensation for abolition, etc., of rights of other person in property.
19. Provisions of Land Acquisition Act, 1894, applicable to award.
20. Appeal against Collector’s award.
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Alienations Abolition Act
21. Procedure before Revenue Tribunal.
22. Limitation.
23. Court-fees.
24. Finality of award and decision of Revenue Tribunal.
25. Inquiries and proceedings to be judicial proceedings.
26. Amount of compensation to be payable in transferable bonds except in certain cases.
CHAPTER IV
Miscellaneous
27. Alienees to deliver records to authorized officers.
28. Provisions of Bom. LXVII of 1948 to govern the relations of Landlord and tenants.
29. Rules.
30. Saving.
SCHEDULE
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 3
Alienations Abolition Act
LIST OF AMENDMENT ACTS
1. Amended by Bom. 40 of 1956
2. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
3. Amended by Bom. 34 of 1957
4. Amended by Mah. 16 of 1985
5. Amended by Mah. 21 of 2002 (6-5-2002)
6. Amended by Mah. 24 of 2012
7. Amended by Mah. 10 of 2021
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Alienations Abolition Act
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 5
Alienations Abolition Act
ACT No. XXII OF 19551
[THE MAHARASHTRA MERGED TERRITORIES MISCELLANEOUS
ALIENATIONS ABOLITION ACT.]
[This Act received the assent of the President on the 23rd May, 1955;
assent was first published in the Bombay Government Gazette, Part IV, on the 3rd June 1955.]
An Act to abolish miscellaneous alienations of various kinds prevailing in the merged
territories in the State of Bombay.
WHEREAS certain kinds of alienations prevailing in the merged territories and merged areas
have been abolished ;
AND WHEREAS it is expedient in the public interest to abolish the remaining alienations of
miscellaneous character prevailing in the merged territories and to provide for matters consequential
and incidental thereto ; It is hereby enacted in the Sixth Year of the Republic of India as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the 2[Maharashtra]
Merged Territories Miscellaneous Alienations Abolition Act.
(2) It extends to the merged territories in the 3[pre-Reorganisation State of Bombay, excluding the
transferred territories.]
(3) It sh all come into force on such date as the State Government may, by notification in the
Official Gazette, appoint in this behalf.
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context,—
(i) “alienation” means a grant or recognition as a grant,—
(I) of a village, portion of a village or land to any person, whether such grant be of soil
with or without exemption from payment of land revenue or of assignment of the whole or a
share of land revenue thereof,
(II) of total or partial exemption from payment of land revenue to a person in respect
of any land held by him, or
(III) of cash allowance or allowance in kind to any person by whatever name called,
by the ruling authority for the time being before merger or by the Sta te Government
after merger, and includes,—
(a) any total or partial exemption from payment of land revenue reserved to
himself or enjoyed by a ruler of a former Indian State in respect of any land held b y
him in his own State before merger as his private property, and
(b) Wanta and Giras rights in land or to cash allowances regulated by the rules
published under Huzur Cutcherry Notification No. T -3/80 of 1946 -47, dated the 24 th
March 1947 (hereinafter referred to as the Baroda Giras Rules) ;
(ii) “alienated land” means a village or portion of a village or land, as the case may be, held
by an alienee under an alienation ;
(iii) “alienee” means the holder of an alienation and includes his co -sharer recognized as
such for the purpose of such alienation ;
1 For Statement and Objects and Reasons, See Bombay Government Gazette, 1955, Part V, p. 350.
2 Short title “Bombay Merged Territories Miscellaneous Alienation s Abolition Act, 1955” was changed by Mah. 24 of
2012, s. 2, schedule, entry 56, with effect from the 1st May 1960.
3 These words were substituted for the words “State of Bombay ” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
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Alienations Abolition Act
(iv) “appointed date” means the date on which this Act comes into force ;
(v) “ Barkhali land ” in relation to a Wanta or Giras means land held as Jiwai, Jat
Dharmadaya, Devasthan, Pirasthan, Vechania, Gharania, pas aita Chakariat, Dha rmadaya
Chakariat, Jat Pasa ita, Kanyadan or Bhatamania and treated as permanent ali enations or settled
under the Baroda Giras Rules;
(vi) “Code” means the Bombay Land Revenue Code, 1879 (Bom. V of 1879);
(vii) “Collector” includes an officer appointed by the State Government to perf orm the
functions and exercise the powers of the Collector under this Act;
(viii) “Community service inam ” means an alienation held for the purpose of performing
service useful to the village community and includes an alienation held for such service even
where such service has ceased to be demanded;
(ix) “Commutation settle ment” means a settlement made or confirmed under the law
applicable to a watan relieving the holder, his heirs and successors of the liability to perform the
services appertaining to the watan;
(x) “Girassia” means the holder of a Wanta or Giras ;
(xi) “inferior holder ” means a person who is in possession of an alienated land not on
payment of rent but on payment of assessment in cash or kind to the alienee and includes a person
holding such land through or from such person;
(xii) “merger” means the cession by the Ruler of a former Indian State of full and exclusive
jurisdiction and powers for and in relation to the Governance of such State and the transfer of the
administration of such State to the 1[pre-Reorganisation State of Bombay] under section 290A of
the Government of India Act, 1935 (26 Geo. 5, Ch. 2);
(xiii) “permanent tenant” in relation to a Wanta or Giras means the holder of a Wanta or
Giras land or Jiwai land who has a permanent tenancy in such-land;
(xiv) “prescribed” means prescribed by rules made under this Act;
(xv) “ Wanta” or “Giras” means land held as Wanta or Giras by a Girassia in accordance
with the provisions of the Baroda Giras Rules;
(xvi) “watan” means an alienation held as Watan appertaining to the office of a village
accountant commonly known as Kulkarni or known by any other similar name or as watan
appertaining to the office of a District (Paragana) Officer commonly known as Sardeshmukh,
Deshmukh, Deshpande or Desai or known by any other similar name, whether any commutation
settlement in respect of such watan has or has not been effected.
(2) The other words or expressions used but not defined in this Act shall have the meanings
assigned to them in the Code.
(3) References in this Act to the incidents of alienations shall, notwithstanding the abolition of the
alienations by this Act, be construed as references to the incidents as they were in force immediately
before the appointed date.
(4) If any question arises—
(i) whether any land is an alienation,
(ii) whether any alienation is a grant of soil or an assignment of land revenue or both or is a
grant of total or partial exemption from payment of land revenue,
(iii) whether any alienation is a community service inam or watan,
(iv) whether a commutation settlement in respect of any watan has or has not been effected,
1 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 7
Alienations Abolition Act
(v) whether any land held under an alienation is or is not alienable without the permission of
a competent authority,
(vi) whether any alienation is hereditary or for the life-time of the alienee, or
(vii) whether any person is an inferior holder or a permanent tenant,
the State Government shall decide the question and such decision shall be final:
Provided that the State Gov ernment may authorize any officer to decide questions arising under
any of the clauses (i), (ii), (iii), (iv), (v), (vi) and (vii) and subject to an appeal to the State Government,
the decision of such officer shall be final.
3. Act not to apply to certain kinds of alienations.— (1) Nothing in this Act shall apply to—
(a) Devasthan inams or inams held by religious or charitable institutions;
1[(b) alienations other than Watan, held for service which was useful to the ruling autho rity
for the time being before merger and has continued to be useful to the S tate Government after
merger ;]
(c) any pension granted to an ex -servant of a former Indian State in consideration of the
service rendered by him to such State;
(d) revenue-free sites granted by the ruling authority for the time being before merger for
the construction of schools, colleges, hospitals, dispensaries, religious or charitable institutions or
other public works from which no profit is intended to be derived;
(e) the sum s payable under the rules for the settlement of the saranjams of the Feudatory
Jagirdars of Kolhapur published in Government Notification in the Political and Services
Department, No. FCK. 1053, dated the 19th April 1954;
(f) the land tenure to which the p rovisions of any of the enactments s pecified in the
Schedule apply.
(2) Where an alienation is held jointly for service appertaining to a Watan and for any other
service useful to Government then for the purposes of this Act, the State Government shall, after
holding such inquiry as it may think fit, decide what portion of such alienation shall be deemed to be
an alienation held for service apper taining to a Watan and what portion thereof shall be deemed to be
an alienation held for any other service useful to Government.
2[Explanation.— For the purposes of this section an inam held by a religious or charitable
institution means an inam granted or recognised as a grant by the ruling authority for the time being
before merger for a religious or charitable institution and entered as such in the record maintained in
this behalf in the Indian State concerned before merger.]
CHAPTER II
Abolition of alienations and conferment of occupancy rights
4. Abolition of alienation and rights and incidents in respect thereof. — Notwithstanding
anything contained in any usage, settlement, grant, agreement, sanad, order, rule, notification or Vat
Hukum or any decree or order of a Court or any law for the time being applicable to any alienation in
the merged territories, with effect from and on the appointed date—
(i) all alienations shall be deemed to have been abolished;
(ii) save as expressly provided by or under this Act all rights legally subsisting on the said
date in respect of such alienations and all other incidents of such alienations shall be deemed to
have been extinguished.
1 This clause was substituted and shall be deemed always to have been substituted for the original by Bom. 40 of 1956, s.
4, Second Schedule.
2 This Explanation was added and shall be deemed always to have been added, by Bom. 40 of 1956, s. 4 Second Schedule.
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Alienations Abolition Act
5. Liability of alienated lands to payment of land revenue.— Subject to the other provisions
of this Act all alienated lands are and shall be liable to the payment of lan d revenue in accordance with
the provisions of the Code and the rules made thereunder and the provisions of the Code and rules
relating to unalienated lands shall apply to such lands.
6. Occupancy rights in respect of alienated lands held under community service inam. — In
the case of an alienated land held under a community service inam—
(a) if such land is in the actual possession of the alienee or in possession of a person holding
through or from him other than an inferior holder, such alienee, and
(b) if such land is in the possession of an inferior holder, such inferior holder,
shall be primarily liable to the State Government for the payment of land revenue due in respect of the
land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect
of such land as an occupant under the Code or the rules made thereunder :
Provided that if under the terms of the alienation such land is resumable for non -performance of
service, the alienee or inferior holder, as the case may be, shall be entitled to the rights of an occupant
in respect of such land on payment to the State Government of the occupancy price equal to six times
the amount of the full assessment of such land within the prescribed period :
1[Provided further that, on or after the commencement of the Bombay Paragana and Ku lkarni
Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay
Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans
Abolition and the Maharashtra Revenue Patels (Abolition of Office) (A mendment) Act, 2000 (Mah.
XXI of 2002) (hereinafter, in this section, referred to as “ the commencement date”), the occupancy of
such land may be transferred by the occupant for agricultural purpose, and no previous sanction or no
objection certificate from the Collector or any other authority shall be necessary for such transfer. After
such transfer, the land shall be continued to be held by such transferee occupant on new and impartible
tenure (Occupant Class II), in accordance with the provisions of the Code:
Provided also that, any such occupancy held on new and impartible tenure (Occupant Class II)
may, after the commencement date, be converted into Old tenure (Occupant Class I) by the occupant,
by making payment of fifty per cent. of the amount of the c urrent market value of such land to the
Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in
accordance with the provisions of the Code:
Provided also that, if on the commencement date, any such occupancy h as already, with the prior
permission of the Collector or any other competent authority, on payment of the appropriate amount as
Nazarana, been transferred for non -agricultural use, such transfer of occupancy shall be deemed to
have been made under the thi rd proviso hereinabove, and the land shall be deemed to be held by the
occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the
date of such transfer:
Provided also that, if on the commencement date, any such occ upancy has already, without prior
permission of the Collector or any other competent authority and without payment of the amount equal
to fifty per cent. of the current market value of such land as Nazarana, been transferred for non -
agricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent. of
the current market value of such land for non -agricultural use as Nazrana and an amount equal to fifty
per cent. of such Nazarana as a fine, and on such payment, the occupant s hall hold the land as an
Occupant Class I, in accordance with the provisions of the Code.]
2[Provided also that, on or before the commencement of the Maharashtra Paragana and Kulkarni
Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra
Merged Territories Miscellaneous Alienations Abolition, the Maharashtra Inferior Village Watans
Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021 (Mah. X
of 2021), if a ny such occupancy has already, without prior permission of the Collector or any other
1 These provisos were substituted for the second proviso by Mah. 21 of 2002, s. 4.
2 This proviso was added by Mah. 10 of 2021, s. 6.
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 9
Alienations Abolition Act
competent authority and without payment of an amount equal to fifty per cent. of the current market
value of such land, been transferred for non -agricultural use, or util ised for non -agricultural use, and
division of such land or plot has been or is being regularised under the Maharashtra Gunthewari
Developments (R egularisation, Upgradation and Control) Act, 20 01 (Mah. XXVII of 2001)
(hereinafter referred to as “the Gunthewari Developments Act”), then such transfer may be regularised
on payment of an amount equal to twenty five per cent. of the current market value of such land in
addition to any amount payable under the Gunthewari Development Act for regularization of
gunthewari development; and on such payment, the occupant shall hold the land or plot as an occupant
Class-I in accordance with the provisions of the Code.
Explanation.— For the purposes of this sub -section, the term “market value of such land” means
the value of such land specified in the Annual Statement of Rates published under the provisions of the
Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules
for the time being in force, in this regard for the relevant ye ar, and where such Annual Statement of
Rates is not prepared or available, it means the value of such land as determined by the Assistant
Director of the Town Planning Department of the concerned District.]
7. Occupancy rights in respect of lands held under watan. — All land held under a watan is
hereby resumed and shall be regranted to the holder in accordance with the following provisions,
namely:—
(1) in the case of a watan, if the commutation settlement permi ts the transfer of the land
appertaining to such watan, the land shall be regranted to the holder without payment of any occupancy
price;
(2) in the case of a watan to which clause ( 1) does not apply, the land appertaining to the watan
shall be regranted to the holder on payment of the occupancy price equal to twelve times the amount of
the full assessment of such land within the prescribed period :
Provided that in respect of the land held under a watan which has not been assigned towards the
emoluments of the person performing the service appertaining to the watan occupancy price equal to
six times the amount of the full assessment of such land shall be paid by the holder within the aforesaid
period for its regrant ;
1[(3) On or after the commencement of t he Bombay Paragana and Kulkarni Watans (Abolition),
the Bombay Services Inams (Useful to Community) Abolition, the Bombay Merged Territories
Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the
Maharashtra Revenue Patel s (Abolition of Office) (Amendment) Act, 2000 (Mah. XXI of 2002)
(hereinafter, in this section, referred to as “the commencement date ”), the occupancy of the land
regranted under sub -section (1) may be transferred by the occupant for agricultural purpose, and no
previous sanction or no objection certificate from the Collector or any other authority shall be
necessary for such transfer. After such transfer, the land shall be continued to be held by such
transferee occupant on new and impartible tenure (Occupant Class II) in accordance with the
provisions of the Code :
Provided that, any such occupancy held on new and impartible tenure (Occupant Class II) may,
after the commencement date, be conver ted into old tenure (Occupant Class I) by the occupant by
making payment of fifty per cent. of the amount of the current market value of such land to the
Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in
accordance with the provisions of the Code :
Provided further that, if on the commencement date, any such occupancy has already, with the
prior permission of the Collector or any other competent authority on payment of the appropriate
amount as nazarana, been transferred for non -agricultural use, such transfer of occupancy shall be
deemed to have been made under the first proviso and the land shall be deemed to be held by the
occupant as an Occupant Class I, in accordance with the provisions of the Code, w ith effect from the
date of such transfer :
1 Sub-section (3) was substituted by Mah. 21 of 2002, s. 5.
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Alienations Abolition Act
Provided also that, if on the commencement date, any such occupancy has already, without prior
permission of the Collector or any other competent authority and without payment of the amount equal
to fifty per cen t. of the current market value such land, as Nazarana, been transferred for non -
agricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent. of
the current market value of such land for non -agricultural use as Nazarana, and an amount equal to
fifty per cent. of such Nazarana, as a fine, and on such payment the occupant shall hold the land as an
Occupant Class I, in accordance with the provisions of the Code.]
1[Provided also that, on or before the commencement of the M aharashtra Paragana and Kulkarni
Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra
Merged Territories Miscellaneous Alienations Abolition, the Maharashtra Inferior Village Watans
Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021 (Mah. X
of 2021), if any such occupancy has already, without prior permission of the Collector or any other
competent authority and without payment of an amount equal to fifty per cent. of the cu rrent market
value of such land, been transferred for non -agricultural use, or utilised for non -agricultural use, and
division of such land or plot has been or is being regularised under the Maharashtra Gunthewari
Developments (Regularisation, Upgradation and Control) Act, 2001 (Mah. XXVII of 2001)
(hereinafter referred to as “the Gunthewari Developments Act”), then such transfer may be regularised
on payment of an amount equal to twenty five per cent. of the current market value of such land in
addition to any amount payable under the Gunthewari Development Act for regularization of
gunthewari development; and on such payment, the occupant shall hold the land or plot as an occupant
Class-I in accordance with the provisions of the Code.
Explanation.— For the purposes of this sub -section, the term “market value of such land ” means
the value of such land specified in the Annual Statement of Rates published under the provisions of the
Maharashtra Stamp (Determination of True Market Value of Property) Rul es, 1995 or any other Rules
for the time being in force, in this regard for the relevant year, and where such Annual Statement of
Rates is not prepared or available, it means the value of such land as determined by the Assistant
Director of the Town Planning Department of the concerned District.]
Explanation.— For the purpose of this section, the expression “holder” shall include—
(1) an alienee holding land under a watan, and
(2) in the case of a watan the commutation settlement in respect of which permit s the
transfer of the land appertaining to the watan, a person in whom the ownership of such land for
the time being vests.
8. What persons to be occupants in Wanta or Giras.— (1) In a Wanta or Giras,—
(i) in the case of land other than Barkhali land—
(a) if such land is in the actual possession of the Girassia or in the possession of a
person other than a permanent tenant, holding through or from the Girassia, such Girassia,
and
(b) if such land is in the possession of a permanent tenant, such permanent tenant,
(ii) in the case of Barkhali land, held as Jiwai land,—
(a) if such land is in the actual possession of the holder thereof (hereinafter referred to
as the Jiwaidar) or in the possession of a person other than a permanent tenant holding
through or from the Jiwaidar, such Jiwaidar, and
(b) if such land is in the possession of a permanent tenant, such permanent tenant, and
(iii) in the case of any other Barkhali land other than Devasthan and Pirasthan land or land
held for service useful to Government, the holder of such land,
shall be primarily liable to the S tate Government for the payment of land revenue due in respect of the
land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect
of such land as an occupant under the Code or the rules made thereunder :
1 This proviso was added by Mah. 10 of 2021, s. 7.
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 11
Alienations Abolition Act
Provided that in the case of the land referred to in sub -clause (b) of clause ( i) and sub-clause (b)
of c lause (ii), the permanent tenant shall be entitled to the rights of an occupant on payment in the
prescribed manner to the Girassia or Jiwaidar, as the case may be, of the occupancy price equivalent to
six times the amount of the full assessment of such land:
Provided further that in the case of Barkhali land referred to in clause ( iii), if such land was held
as Dharmadaya Chakariat or Pasaita Chakariat and was not a permanent alienation within the meaning
of the Baroda Giras Rules, the holder of such land shall be entitled to the rights of an occupant on
payment to the State Government of the occupancy price equivalent to six times the amount of the full
assessment of such land.
(2) The occupancy of land conferred on the holder of a Dharmadaya Chakariat or Pasaita
Chakariat land which was not a permanent alienation within the meaning of the Baroda Giras Rules
shall not be transferable or partible by metes and bounds without the previous sanction of the Collector
and except on payment of such amount as the State Gover nment may by general or special order
determine.
9. Occupancy rights in respect of alienated land to which section 6, 7 or 8 does not apply. —
In the case of an alienated land to which the provisions of section 6, 7 or 8 do not apply,
(a) if such land is in the actual possession of the alienc e or is in the possession of a person
holding through or from him other than an inferior holder, such alienee, and
(b) if such land is in the possession of an inferior holder, such inferior holder, shall be primarily
liable to the State Government for the payment of land revenue due in respect of the land held by him
and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as
an occupant under the Code or the rules made thereunder :
Provided that if in respect of an alienated land the alienation consists of the grant of the soil with
or without exemption from payment of land revenue, the alienee or the inferior holder, as the case may
be, shall be entitled to the rights of an occupant in respect of such land on payment to the State
Government of the occupancy price equal to six times the amount of the full assessment of such land
within the prescribed period:
Provided further that if under the terms of the a lienation such land was not alienable except with
the permission of a competent authority, the occupancy of the land shall not be transferable or partible
by metes and bounds without the previous sanction of the Collector and except on payment of such
amount as the State Government may by general or special order determine.
10. Effect of failure to pay, occupancy price. — (1) If any perso n, who is liable to pay to the
State Government the occupancy price in respect of any land under section 6, 7, 8 or 9, fa ils to pay the
same within the prescribed period, he shall be deemed to be unauthorizedly occupying the land and
shall be liable to be summarily ejected in accordance with the provisions of the Code.
(2) If any person, who is liable to pay to the Girassia or Jiwaidar, as the case may be, the
occupancy price in respect of any land under section 8, fails to pay the sa me within the prescribed
period, it shall be recoverable as an arrear of land revenue and the amount so recovered shall be paid to
the Girassia or Jiwaidar, as the case may be.
11. All public roads, etc., situate in alienated land to vest in Government.— All public roads,
lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the sea and of
harbours, creeks below high water mark, and of rivers, streams, nallas, lakes, wells and tanks, and all
canals, and water courses , and all standing and flowing water, and all unbuilt village site lands, all
waste lands and all uncultivated lands ( excluding lands used for building or other non -agricultural
purposes) which are situate within the limits of any alienated land shall, exc ept in so far as any rights
of any person other than the alienee may be established in or over the same and except as may
otherwise be provided by any law for the time being in force, vest in, and shall be deemed to be with
all rights in or over the same o r appertaining thereto the property of, the State Government and all
rights held by an alienee in such property, shall be deemed to have been extinguished and it shall be
lawful for the Collector, subject to the general or special orders of the State Gover nment, to dispose
12 The Maharashtra Merged Territories Miscellaneous [1955 : XXII
Alienations Abolition Act
them of as he deems fit, subject always to the rights of way and other rights of the public or of
individuals legally subsisting.
Explanation.— For the purposes of this section, land shall be deemed to be uncultivated if it has
not been cultivated for a continuous period of three years immediately before the appointed date.
12. Rights to trees. — The rights to trees specially reserved under the Indian Forest Act, 1927
(XVI of 1927), any other law for the time being in force, except those the ownership of which has been
transferred by the State Government under any contract, grant or law for the time being in force shall
vest in the State Government and nothing in this Act shall in any way affect the rights of the State
Government to apply t he provisions of the Indian Forest Act, 1927 (XVI of 1927) , as in force in the
1[pre-Reorganisation State of Bombay, excluding the transferred territories] to forests in an alienated
land.
13. (Right to mines or mineral pro ducts) (Repealed on and from 6 th August 1985 by Mah. 16 of
1985, s. 15).
CHAPTER III
COMPENSATION AND AWARD THEREOF
14. Compensation in respect of alienation consisting of assignment of land revenue.— (1) In
the case of an alienation consisting of assignment of the whole or part of the land revenue of any land
or village—
(i) if the alienation was continuable as hered itary without being subj ected to any deduction
or cut at the time of each succession, a sum equal to seven times the amount of such land revenue,
(ii) if the alienation was continuable as hereditary but subject to a deduction or cut at the
time of each succession, a sum equal to five times the amount of such land revenue, and
(iii) if the alienation was continuable for the life time of the alienee, a sum equal to three
times the amount of such land revenue,
shall be paid to the alience as compensation for the abolition of the alienation.
(2) For the purpose of sub-section (1), the amount of land revenue shall be the amount received or
due to the alienee on account of assignment of land revenue for the year immediately preceding the
appointed date.
15. Compensation in respect of allowances in cash or kind. — (1) In the case of an alienation
consisting of a cash allowance or allowance in kind, the alienee shall be paid—
(i) seven times the amount of the cash allowance or of the value of the allowance in kind, as
the case may be, if the alienation was hereditary without being subjected to deduction or cut at the
time of each succession;
(ii) five times the amount of the cash allowance or the value of the allowance in kind, as the
case may be, if the alienation was hereditary but subject to a de duction or cut at the time of each
succession; or
(iii) three times the amount of cash allowance or the value of the allowance in kind, as t he
case may be, if the alienation was continuable for the life-time of the alienee:
2[Provided that if under the terms of a grant any cash allowance or allowance in kind—
(a) is received by a widow for the purpose of maintenance, she shall be paid an amount
equal to such allowance for the remainder of her life;
1 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
2 This proviso was substituted for the original by Bom. 34 of 1957, s. 2 and shall be deemed always to have been
substituted.
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 13
Alienations Abolition Act
(b) is received by an alience for the purpose of education, he shall be paid an amount
equal to such allowance during a like period, and subject to the like conditions, as are
contained in the grant;
(c) is received by an alienee who is—
(i) a male minor, he shall be paid an amount equal to the allowance till he attains
the age of twenty-one years;
(ii) an unmarried female, she shall be paid an amount equal to the allowance till
she marries,
or, the amount calculated in accordance with the pro visions of this section, which ever is
greater;
(d) is received by an alienee in respect of whom, upon application m ade to it, in the manner
prescribed, before the first day of August 1958, the State Govern ment is satisfied after such
inquiry (if any) as it thinks fit, that he has no other source of income , or that if he has any other
source of income it is insufficient for his livelihood, or that on account of old age, mental or
physical infirmity or other reason he is incapable of earning a livelihood, or maintaining himself
in a reasonable manner, there shall be paid to such alien ee as a compassionate payment an
amount equal to such allowance during his lifetime, or for such lesser period as the State
Government in the circumstances thinks just.]
(2) For the purpose of sub -section (1), the amount of cash allowance shall be the amount paid or
payable to the alienee for the year immediately preceding the appointed date and the value of the
allowance in kind shall be the value of the allowance in kind paid or payable to the alienee for the year
immediately preceding the appointed date, such value being determined in the prescribed manner.
16. Compensation in respect of property referred to in section 11. — Any alienee having any
right or interest in any property referred to in section 11 shall, if he proves to the satisfaction of the
Collector that he had any such right or interest, be entitled to compensation i n the following manner,
namely:—
(i) if the property in q uestion is waste or uncultivated but is cultivable land, the amount of
compensation shall not exceed three times the assessment of the land:
Provided that if the land has not been assessed, the amount of compensation shall not exceed such
amount of assessment as would be leviable in the same village on the same extent of similar land used
for the same purpose;
(ii) if the property in question is land over which the public has been enjoying or has acquired a
right of way or any individual has any right of easement, the amount of compensation shall not exceed
the amount of the annual assessment leviable in the village for uncultivated land in accordance with the
rules made under the Code or if such rules do not provide for the levy of such assessment, such amount
as in the opinion of the Collector shall be the market value of the right or interest held by the claimant ;
(iii) if there are any trees or structures on the land, the amount of compensation shall be the
market value of such trees or structures, as the case may be.
Explanation.— For the purposes of this section, the “market value” shall mean the value as
estimated in accordance with the provisions of sub-section (1) of section 23 and section 24 of the Land
Acquisition Act, 1894 (I of 1894), in so far as the said provisions may be applicable.
17. Method of awarding compensation to alienee. — (1) Any alience entitled to compensation
under section 14, 15 or 16 shall within the prescribed period apply in writing to the Collector for
determining the amount of compensation payable to him under the said section.
(2) On receipt of an application under sub -section (1), the Collector shall after making formal
enquiry in the manner provided by the Code, make an award determining the amount of compensation.
Where t here are c o-sharers claiming compensation, the Collector shall by his award apportion the
compensation between the co-sharers.
14 The Maharashtra Merged Territories Miscellaneous [1955 : XXII
Alienations Abolition Act
18. Method of awarding compensation for abolition, etc., of rights of other person in
property.— (1) If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or
modifying any of his rights to, or in terest in, property and if com pensation f or such a bolition,
extinguishment or mod ification has not been provided for in the provisions of this Act, such pers on
may apply to the Collector for compensation.
(2) The application under sub -section (1) shall be made to the Collector in the prescribed form
within the prescribed period. The Collector shall, after holding a formal inquiry in the manner provided
by the Code, make an award determining the compensation in the manner and according to the method
provided for in sub -section ( 1) of section 23 and section 24 of the Land Acquisition Act, 1894
(I of 1894).
(3) Nothing in this section shall entitle any person to compensation on the ground that any
alienated land which was wholly or partially exempt from payment of land revenue has been under the
provisions of this Act made subject to the payment of full assessment in accordance with the provisions
of the Code.
19. Provisions of Land Acquisition Act, 1894, applicable to award. — Every award made
under section 17 or 18 shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894
(I of 1894) , and the provisions of the said Act, shall, so far as may be, apply to the making of such
award.
20. Appeal against Collector’s award.— An appeal shall lie against an award of the Collector
to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939
(Bom. XII of 1939), notwithstanding anything contained in the said Act.
21. Procedure before Revenue Tribunal. — (1) The Bombay Revenue Tribunal shall, af ter
giving notice to the appellant and the State Government, decide the appeal and record its decision.
(2) In deciding an appeal under this Act the Bombay Revenue Tribunal shall exercise all the
powers which a Court has and shall follow the same procedure which a Court follows in deciding
appeals from the degree or order of an original court under the Code of Civil Procedure, 1908
(V of 1908).
22. Limitation.— Every appeal made und er this Act to the Bombay Revenue Tribunal shall be
filed within a period of sixty days from the date of the award of the Collector. The provisions of
sections 4, 5, 12 and 14 of the Indian Limitation Act, 190 8 (IX of 1908), shall apply to the filing of
such appeal.
23. Court-fees.— Notwithstanding an ything contained in the Court -fees Act, 1870 (VII of
1870), every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court-fee stamp
of each value as may be prescribed.
24. Finality of award and decision of Revenue Tribunal. — The award made by the Collector
subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue
Tribunal on the appeal shall be f inal and conclusive and shall not be questioned in any suit or
proceeding in any Court.
25. Inquiries and proceedings to be judicial proceedings. — All inquiries and proceedings
before the Collector and the Bombay Revenue Tribunal under this Act shall be de emed to be judici al
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
26. Amount of compensation to be payable in transferable bonds 1[except in certain
cases].— The amount of compensation payable under the provisions of this Act shall be payable in
transferable bonds, carrying interest at the rate of three per cent. per annum from the date of the issue
of such bonds and shall be repayable during a period of twenty years from the date of the issue of such
1 These words were added and shall be deemed always to have been added, by Bom. 34 of 1957, s. 3 (2).
1955 : XXII] The Maharashtra Merged Territories Miscellaneous 15
Alienations Abolition Act
bonds by equated annual instalments of principal and interest. The bonds shall be of such
denominations and shall be in such forms as may be prescribed:
1[Provided that the amount of compensation payable under the proviso to sub-section ( 1) of
section 15 may be paid in cash.]
CHAPTER IV
Miscellaneous
27. Alienees to deliver records to authorized officers.— (1) Whenever an officer authorized by
the State Government in this behalf so directs, an alienee shall deliver to him or such other officer as
may be specified in the direction, the records relating to the alienated land maintained by the alienee.
(2) If the alienee fails without reasonable cause to deliver any such records, he shall, on
conviction, be punished with fine which may extend to two hundred rupees. In the case of a continuing
failure to deliver any such records the alienee shall be punished with an additi onal fine which may
extend to twenty-five rupees for every day during which such failure continues after conviction for the
first such failure.
28. Provisions of Bom. LXVII of 1948 to govern the relations of Landlord and tenants. —
Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of the
Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948) , to any alienated land or
the mutual rights and obligations of a landlord and his tenants save in so far a s the said provisions are
not in any way inconsistent with the express provisions of this Act.
29. Rules.— The State Government may, subject to the condition of previous publication, make
rules for the purposes of carrying out the provisions of this Act. Such rules shall, when finally made, be
published in the Official Gazette.
30. Excerpt shown. Open the full act in Lexace.