LexThe Maharashtra Merged Territories and Areas (Jagirs Abolition) Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act 1954 : XXXIX] 1
THE MAHARASHTRA MERGED TERRITORIES AND AREAS
(JAGIRS ABOLITION) ACT
[Text as on 11th June 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Abolition of Jagirs.
4. Liability of Jagir villages for payment of land revenue.
5. What persons to be occupants.
6. What persons to be occupants in life-time Jiwai Jagir.
7. Rates of assessment.
8. All public roads, etc. situate in jagir villages to vest in Government.
9. Right to trees.
10. [Deleted]
11. Compensation to Jagirdar.
12. Compensation to life-time Jiwai Jagirdars.
13. Method of awarding compensation to Jagirdar.
14. Method of awarding compensation for abolition, etc. of rights of other person in property.
15. Provisions of Land Acquisition Act, 1894, applicable to award.
16. Appeal against Collector’s award.
17. Procedure before Revenue Tribunal.
18. Limitation.
19. Court-fees.
20. Finality of award and decision of Revenue Tribunal.
21. Inquiries and proceedings to be judicial proceedings.
22. Amount of compensation to be payable in transferable bonds.
23. Jagirdars to deliver records to authorised officers.
23-A. Liability of a Jagirdar or cadet to pay to Government amounts recovered or received by him
from permanent holders etc. in certain cases and determination of such amount.
24. Provisions of Bom. LXVII of 1948 to govern the relations of landlord and tenants.
25. Rules.
26. Savings.
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LIST OF AMENDMENT ACTS
1. Amended by Bom. 51 of 1955
2. Amended by Bom. 40 of 1956
3. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent subjects)
Order, 1956.
4. Amended by Bom. 8 of 1957
5. Amended by Bom. 58 of 1958
6. Amended by Bom. 85 of 1958. Bom. Ordinance No. III of 1958 was repealed by
Bom. 85 of 1958, S.3.
7. Amended by Bom. 58 of 1959
8. Amended by Mah. 16 of 1985
9. Amended by Mah. 24 of 2012
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1954 : XXXIX] The Maharashtra Merged Territories and Areas 5
(Jagirs Abolition) Act, 1953
MAHARASHTRA ACT No. XXXIX OF 19541
[THE MAHARASHTRA MERGED TERRITORIES AND AREAS
(JAGIRS ABOLITION) ACT, 1953.]
[This Act received the assent of the President on the 13th June 1954; assent was first
published in the Bombay Government Gazette, Part IV, on the 18th June 1954.]
An Act to abolish Jagirs in the merged territories and merged areas
in the State of Bombay.
WHEREAS it is expedient in the public interest to abolish jagirs of various kinds in the merged
territories and merged areas in the State of Bombay and to provide for matters consequential and
incidental thereto ; It is hereby enacted as follows:—
1. Short title, extent and commencement. — (1) This Act may be called the 2[Maharashtra
Merged Territories and Areas (Jagirs Abolition) Act.]
(2) It extends to the merged territories and the merged areas in the 3[pre-Reorganisation State of
Bombay, excluding the transferred territories.]
(3) It shall come into force on such date 4 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) “appointed date” means the date on which this Act comes into force ;
(ii) “Code” means the Bombay Land Revenue Code, 1879 (Bom. V of 1879);
(iii) “ Collector” includes an officer appointed by the State Government to perform the
functions and exercise the powers of the Collector under this Act ;
(iv) “to cultivate personally” means to cultivate on one’s own account,—
(a) by one’s own labour, or
(b) by the labour of any member of one’s family, or
(c) By servant on wag es payable in cash or kind but not in crop share or by hired
labour under one’s personal supervision or the personal supervision of any member of one’s
family;
Explanation.— For the purposes of this clause,—
(I) a widow or a minor or a person who is subject to any physical or mental disability
shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by
hired labour ;
(2) in the case of an undivided Hindu family, the land shall be deemed to have been
cultivated personally, if it is cultivated by any member of such family ;
(v) “Gharkhed land” means land held by a jag irdar as his personal or private property and
cultivated personally by him ;
(vi) “Jagir” means the grant by or recognition as a grant by, the ruling authority for the time
being before the merger of a village, a group of villages or a portion of a village, whether such
1 For Statement of Objects and Reasons of the L.A. Bill No. LII of 1953 See Bombay Government Gazette, 1953, Part V,
dated the 6th August 1953, p. 380.
2 Short title “The Bombay Merged T erritories and Areas (Jagirs Abolition) Act, 1953 ” was changed by Mah. 24 of 2012,
s. 3. Sch. Entry 54.
3 These words were substituted for the words “ State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
4 1st August 1954, vide G.N., R.D., No. JHR 1054-67641, dated 14th July 1954 (B.G., Pt. IV-B, p. 939).
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grant is of the soil or an assignment of land revenue or both, and include s villages, groups or
portions of villages—
(a) held in the merged territories or merged areas on tenure commonly known as Jiwai
jagir, Bhomia jagir, Patawat jagir, Jamaiya jagir, Chakariat jagir, Bhagina or Co -shared
jagir, Khalse Jamindari, Mulgiras Jag ir, Makta, Saranjam or Political inam or on tenure
known by any similar name ;
(b) held by a Ruler of a former Indian State merged in the 1[pre-Reorganisation State
of Bombay] as jagir in his own State before the merger and recognised after the merger as of
his ownership, use and enjoyment as his private property under the merger agreement, or
(c) held by a talukdar of a merged taluka or estate and recognised as of his ownership,
use and enjoyment under the merger agreement ;
(vii) “Jagirdar” means the holder of a jagir village and includes his co-sharer ;
(viii) “Jagir village” means a village or part of a village held as jagir defined in clause (vi) ;
(ix) “Jiwai Jagir” means a village held by the holder thereof for the purposes of his
maintenance by virtue of a grant, whether known as Jiwai or by any other name, made by a ruler
of a former Indian State in the merged territories or by a talukdar of a merged taluka or estate in
the merged areas ;
(x) “Life-time Jiwai jagir” means a Jiwai jagir which is recognised by the State Government
in this behalf as being continuable for the life time of the holder ;
(xi) “Jiwai land” means land held by a cadet of a jagirdar’s family for the purposes of
maintenance ;
(xii) “merger” means—
(a) in relation to a former Indian State, the cession by the Ruler of such State, of full
and exclusive jurisdiction and powers, for, and in relation to, the Governance of such State
and the transfer of administration of such State to the 2[pre-Reorganisation State of
Bombay] under section 290 A of the Government of India Act, 1935 (26 Geo.5 Ch.2.);
(b) in relation to a taluka or estate in the merged areas, the transfer by the talukdar of
all rights, authority and jurisdiction appertaining or in relation to the governance of s uch
taluka or estate to the Government of Bombay and the absorption of such taluka or estate in
the 3[pre-Reorganisation State of Bombay] under section 290 of the Government of India
Act, 1935 (26 Geo.5 Ch.2.).
(xiii) “merged areas” means the areas which are included in the 4[pre-Reorganisation State
of Bombay] by the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1947, or
the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1948, or the Bombay
(Enlargement of Area and Alt eration of Boundaries) (Amendment) Order, 1948 as the
case may be ;
(xiv) “merger agreement” means an agreement by virtue of which a former Indian State or a
taluka or estate in the merged areas, is merged in the 5[pre-Reorganisation State of Bombay] ;
1 These words were substituted for the words “ State of Bombay ” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
2 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
3 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
4 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
5 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
1954 : XXXIX] The Maharashtra Merged Territories and Areas 7
(Jagirs Abolition) Act, 1953
(xv) “non-proprietary jagir” means a jagir which consists of a right in the jagirdar to
appropriate as incident of the jagir, land revenue or rent due to Government from persons holding
land in a jagir village, but which does not consist of any right or interest in the soil ;
(xvi) “permanent holder” means a person who holds and in a jagir village or who holds
Jiwai land in such village from a cadet of a jagirdar’s family, not on payment of rent but on
payment of assessment, in cash or kind, to the jagirdar or to such cadet as the case may be, and
includes any person holding such land through or from such person ;
(xvii) “prescribed” means prescribed by rules made under this Act ;
(xviii) “proprietary jagir” means a jagir in respect of which the jagirdar under the terms of a
grant or agreement or by custom or usage is entitled to any rights’ or interest in the soil.
(2) Any word or expression which is defined in the Code and not defined in this Act shall be
deemed to have the meaning given to it in the Code.
(3) References in this Act to the inciden ts of jagirs shall, notwithstanding the abolition of the
jagirs 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 a jagir is proprietary or non-proprietary,
(ii) whether any land is Gharkhed or Jiwai, or
(iii) whether any person is a permanent holder,
The State Government shall decide the question and such decision shall be final :
Provided that, the State Government may authorise any officer to decide questions arising under
any of the sub -clauses (i), (ii) and (iii) and subject to an appeal to the State Government, his decision
shall be final.
3. Abolition of Jagirs.— Notwithstanding anything contained in any usage, grant, sanad, order,
agreement or any law for the time being in force, on and from the appointed date,—
(i) all jagirs shall be deemed to have been abolished ;
(ii) save as expressly provided by or under t he provisions of this Act, the right of a Jagirdar
to recover rent or assessment of land or to levy or recover any kind of tax, cess, fee, charge or any
hak and the right of reversion or lapse, if any, vested in a jagirdar, and all other rights of a
jagirdar or of any person legally subsisting on the said date, in respect of a jagir village as
incidents of jagir shall be deemed to have been extinguished.
4. Liability of jagir villages for payment of land revenue.— All jagir villages shall be liable to
the payment of land revenue in accordance with the provisions of the Code and the rules made
thereunder, and the provisions of the Code and the rules relating to unalienated lands shall apply to
such villages :
Provided that, nothing in this section shall be deemed to affect,—
(1) any devasthan inam or inams held for religious or charitable institutions, or
(2) inams held for service useful to Government.
1[Explanation.— For the purposes of this section an inam held for 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.]
1 This Explanation was added and shall be deemed always to have been added by Bom. 40 of 1956, s. 4.
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5. What persons to be occupants.— (1) In a proprietary jagir village,—
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of land other than Gharkhed land, which is in the actual possession of the
jagirdar or in the possession of a person other than a permanent holder holding through or from
the jagirdar, such jagirdar,
(c) in the case of Jiwai land held by a cadet of the jagirdar’s family,—
(i) if such land is in the possession of the cadet and cultivated by him personally or is
in the possession of a person other than a permanent holder, holding through or from the
cadet, such cadet, and
(ii) if such land is held by a permanent holder, such permanent holder, and
(d) in the case of land held by a permanent holder, such permanent holder, shall be primarily
liable to the State Government for the payment of land revenue due in respect of such land 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 any other law for the time being in force:
Provided that, in the case of land referred to in clause ( b) or sub -clause (i) of clau se (c), if
the land is in the possession of a person holding through or from the jagirdar or cadet, as the case
may be, on payment of rent to the jagirdar or cadet, such person shall be entitled to the rights of
an occupant in respect of the land in his po ssession on payment in the prescribed manner to the
jagirdar or the cadet, as the case may be, of the occupancy price equivalent to six multiples of the
assessment fixed for such land :
1[Provided further that , subject to the provisions of sub -sections ( 1A) and ( 1B)] the right
conferred by the above proviso shall not be exercisable after a period of 2[six years] from the
appointed date.
3[(1A) Where in respect of any jagir village, the enforcement of the provisions of this Act is
stayed in compliance with a stay order issued by a Court and the stay order is subsequently vacated,
then in the case of any land in such jagir village referred to in clause ( b) or sub-clause (i) of clause (c)
of sub-section (1), the person entitled to be an occupant of such land in accordance with the provisos to
that sub-section shall be deemed to have become the occupant of such land with effect from the date on
which the stay order is issued, if
(i) he has already paid the occupancy price in accordance with the first proviso t o sub -
section (1) before the issue of the stay order, or
(ii) the whole of such occupancy price is adjustable under sub -section ( 1B) against the
amount of rent, if any, recovered or received from him by the jagirdar or the cadet during the
operation of the stay order, or,
(iii) he pays such occupancy price or the balance thereof remaining unpaid after the
adjustment as provided in sub-section (1B), within a period of three months—
(a) from the date on which the stay order is vacated, or
(b) where the st ay order was vacated before the commencement of the Bombay
Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959
(Bom. LVIII of 1959), from the date of such commencement.
(1B) If in respect of any land referred to in clause ( b), or sub -clause ( i) of clause ( c), of
sub-section (1), the jagirdar or, as the case may be, the cadet has, during the operation of such stay
order recovered or received any amount as rent from the person holding such land on payment of rent
then the amount of rent so recovered or received shall, after deducting therefrom an amount equal to
1 This portion was substituted for the words “Provided further that” by Bom. 58 of 1959, s. 2 (1).
2 These words were substituted for the words “four years” by Bom, 85 of 1958, s. 2.
3 Sub-sections (1A) and (1B) were inserted by Bom. 58 of 1959, s. 2 (2).
1954 : XXXIX] The Maharashtra Merged Territories and Areas 9
(Jagirs Abolition) Act, 1953
the assessment paid by the jagirdar or cadet in respect of such land, be adjusted against the occupancy
price payable by the person in accordance with the first proviso to sub -section (1) and the jagirdar or,
as the case may be, the cadet shall, within the prescribed period, refund to such person the balance
amount, if any, remaining after such adjustment. If the jagirdar or cadet fails to refund the balance
amount, it shall be recovered from him as an arrear of land revenue and paid to such person.]
(2) In a non-proprietary jagir village,—
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of land held by a permanent holder, such permanent holder, and
(c) in the case of land in the possession of a person who was liable to pay rent to the jagirdar
as an incident of the jagir tenure immediately before the appointed date, such person,
shall be primarily liable to the State Government for the payment of land revenue due in respect
of such land 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 any other law for the time being in force :
Provided that, the person holding land as referred to in clause ( c) shall be entitled to the right of
an occupant in respect of such land on payment to the State Government of the occupancy price
equivalent to six multiples of the assessment fixed for such land :
Provided further that, if such person fails to pay the occupancy price within the prescribed period,
it shall be recoverable as arrears of land revenue.
(3) Nothing in this section shall be deemed to apply to a life-time Jiwai jagir.
6. What persons to be occupants in life -time Jiwai Jagir. — In a life -time Ji wai
jagir village,—
(a) in the case of Gharkhed land held by the jagirdar, such jagirdar,
(b) in the case of land held by a permanent holder, such permanent holder, and
(c) in the case of land in the possession of a person who was liable to pay rent to the
Jagirdar as an incident of the jagir tenure immediately before the appointed date, such person,
shall be primarily liable to the State Government for the payment of land revenue due in respect
of such land 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 any other law for the time being in force :
Provided that, the person holding land as referred to in clause ( c) shall be entitled to the right of
an occupant in respect of such land on payment to the State Government of the occupancy price
equivalent to six multiples of the assessment fixed for such land :
Provided further that, if such person fails to pay the occupancy price within the prescribed period,
it shall be recoverable as arrears of land revenue.
7. Rates of assessment. — Until revenue surveys and settlements of land revenue of land in a
jagir village are made under Chapt ers VIII and VIII -A of the Code, land revenue payable to the State
Government in respect of any land under section 5 or 6 shall be paid at the rate at which the assessment
in respect of such land was paid to the jagirdar immediately before the appointed date :
Provided that, where in respect of any land no assessment is fixed or the rates of assessment fixed
in respect of any land are, in the opinion of the State Government, not in conformity with the standard
rates of assessment fixed under Chapter VIII -A of the Code in respect o f other areas in the State, it
shall be lawful for the State Government to determine or revise, as the case may be, the rate of
assessment in respect of such land having regard to such standard rates of assessment and the person
10 The Maharashtra Merged Territories and Areas [1954 : XXXIX
(Jagirs Abolition) Act, 1953
liable to pay land revenue under section 5 or 6 shall pay land revenue at the rate so determined
or revised.
8. All public roads, etc. situate in jagir villages to vest in Government. — All public roads,
lanes and paths, the bridges, ditches, dikes and fenc es, on or beside the same, the bed of the sea and of
harbours, creeks below high water mark, and of rivers, streams, nalas, lakes, wells and tanks, and all
canals and water courses, and all standing and flowing water, all unbuilt village site lands, all wa ste
lands and all uncultivated lands (excluding lands used for building or other non -agricultural purposes)
which are situate within the limits of any jagir village, shall, except in so far as any rights of any person
other than the jagirdar 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 or appertaining thereto the property of the State Government and all rights held by a jagirdar 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 Government, to dispose 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.
9. Right to trees. — The rights to trees specially reserved under the Indian Forest Act, 1927
(XVI of 1927) or any other law for the time being in force, except those the ownership of which has
been transferred by the State Government under any co ntract, 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 right of the State
Government to apply the 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 a
Jagir Village.
10. (Right to mines or mineral products) (Repealed on and from 6 th August 1985 by Mah. XVI
of 1985, s. 15).
11. Compensation to Jagirdar.— (1) In the case of a non-proprietary jagir, the jagirdar shall be
entitled to compensation at the rate of three times the average of the amount of the land revenue
received by or due to the jagirdar as an incident of jagir during the five years immediately b efore the
appointed date.
(2) In the case of a proprietary jagir, in respect of land held by a permanent holder the jagirdar
shall be entitled to compensation equivalent to three multiples of the assessment fixed for such land.
(3) Any jagirdar having an y right or interest in any property refer red to in section 8 shall, if he
proves to the satisfaction of the Collector that he had any suc h right or interest, be entitle d to
compensation in the following manner, namely :—
(i) if the property in question is waste or uncultivated but in 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 i n the opinion of the Collector shall be the market value of the
right or interest held by the Claimant ;
1 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
1954 : XXXIX] The Maharashtra Merged Territories and Areas 11
(Jagirs Abolition) Act, 1953
(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.
12. Compensation to lifetime Jiwai Jagirdars. — In the case of a life -time Jiwai jagir the
jagirdar shall, for the abolition of all his rights in such jagir, be entitled to compensation at the rate of
ten times the avera ge of the amount of the land revenue received by or due to the jagirdar as an
incident of the jagir tenure during the five years immediately before the appointed date and he shall not
be entitled to any other compensation payable under this Act.
13. Methods of awarding compensation to jagirdar. — (1) Any jagirdar entitled to
compensation under section 11 or 12 shall, 1[on or before the 31 st day of July 1958] 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 there is a co -sharer of a jagirdar claiming compensation, the Collector shall by his award
apportion the compensation between the Jagirdar and the co-sharer.
14. Method of aw arding compensation for abolition, etc., of rights of other person in
property.— (1) If any person other than a jagirdar is aggrieved by the provisions of this Act as
abolishing, extinguishing or modifying any of his rights to, or interest in property and if compensation
for such abolition, extinguishment or modification has not been provided for in the provisions of this
Act, such person may apply to the Collector for compensation.
(2) The application under sub -section (1) shall be made to the Co llector in the prescribed form
2[on or before the 31 st day of July 1958]. 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).
15. Provisions of land Acquisition Act, 1894, applicable to award. — Every award made
under section 13 or 14 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.
16. 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.
17. Procedure before Revenue Tribunal. — (1) The Bombay Revenue Tribunal shall, after
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 decree or order of an original Court under the Code of Civil
Procedure,1908 (V of 1908).
18. Limitation.— Every appeal made under th is 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
1 These words, figures and letters were substituted for the words “within a period of tw o years from the appointed date”
by Bom. 58 of 1958, s. 2.
2 These words, figures and letters were substituted for the words “within a period of tw o years from the appo inted date”
by Bom. 58 of 1958, s. 2.
12 The Maharashtra Merged Territories and Areas [1954 : XXXIX
(Jagirs Abolition) Act, 1953
sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908) shall apply to the filing of
such appeal.
19. Court-fees.— Notwithstanding anything 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 such value as may be prescribed.
20. 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 final and conclusive and shall not be questioned in any suit or
proceeding in any Court.
21. Inquiriest and proceedings to be judicial proceedings. — All inquiries and proceedings
before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1868).
22. Amount of compensation to be payable in transferable bonds. — 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 bonds by equated annual
instalments of principal and interest. The bonds shall be of such denomination and shall be in such
forms as may be prescribed.
23. Jagirdars to deliver records to authorised officers.— (1) Whenever an officer authorised
by the State Government in this behalf so directs, a jagirdar shall deliver to him or such other officer as
may be specified in the direction, the records relating to the jagir village maintained by the jagirdar.
(2) If the jagirdar 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 jagirdar shall be punished with an additional fine which may
extend to twenty-five rupees for every day during whi ch such failure continues after conviction for the
first such failure.
1[23A. Liability of a jagirdar or cadet to pay to Government amounts recovered or received
or received by him from permanent holders, etc. in certain cases and determination of such
amount.— (1) If in the case of any land in a jagir village of which any person other than the jagirdar or
cadet of his family has become primarily liable to the State Government for the payment of land
revenue under section 5 or 6 with effect from the appoi nted date, the jagirdar or as the case may be the
cadet, has recovered or received from such person any amount as land revenue or rent of such land for
any period after the appointed date, then such jagirdar or cadet shall pay to the State Government an
amount equal to the amount of land revenue or rent so recovered or received, within a period of three
months from the date of the coming into force of the Bombay Merged Territories and Areas (Jagirs
Abolition) (Amendment) Act, 1957 (Bom. VIII of 1957).
2[(1A) (a) Where in the case of any land in a jagir village, of which any person other than the
jagirdar or cadet of his family has become liable to the State Government for the payment of land
revenue under section 5 or 6 with effect from the appointed date, but the enforcement of this Act
having been stayed for any period in respect of such jagir village in compliance with a stay order
issued in that behalf by a Court, the jagirdar or, as the case may be, the cadet has recovered or received
from such person a ny amount as land revenue or rent of such land for any period between the
appointed date and the date on which the stay order is vacated, then such jagirdar or, as the case may
be such cadet shall, unless sub-section (1) applies to him, pay to the State Government an amount equal
1 This section was inserted by Bom. 8 of 1957, s. 2.
2 Sub-section (1A) was inserted by Bom. 58 of 1959, s. 3 (1).
1954 : XXXIX] The Maharashtra Merged Territories and Areas 13
(Jagirs Abolition) Act, 1953
to the aggregate of the amount of land revenue or rent so recovered or received, within a period of
three months—
(i) from the date on which the stay order is vacated, or
(ii) where the stay order was vacated before the commencement of Bombay Merged
Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959 (Bom. LVIII of 1959), from the
date of such commencement.
(b) Nothing in clause ( a) shall apply where such stay order was vacated before the
commencement of the Bombay Merged Territories and Areas (Jagirs Abolition)
(Amendment) Act, 1957 (Bom. VIII of 1957).]
(2) If the jagirdar, or as the case may be the cadet, fails to pay to the Sta te Government any
amount payable by him under sub -section(1) 1[or sub-section (1A)], such amount shall be recoverable
from him as an arrear of land revenue.
(3) If the Mamlatdar, suo motu or on an application made to him by any person, has reason to
believe that in respect of any land in a jagir village within his local jurisdiction, the jagirdar or cadet
has failed to pay to the State Government the amount payable by him under sub -section ( 1) 2[or
sub-section ( 1A)] he shall hold a summary inquiry in the manner provided in the Code and decide
whether the jagirdar or cadet has failed to pay the amount to the State Government, and if so,
determine the amount to be recovered from the jagirdar or cadet under sub -section (2). The amount so
determined shall thereupon be recovered accordingly.
(4) It shall be lawful for the Collector to deduct from the amount of compensation, which may be
awarded to such jagirdar or cadet under section 11, 12 or 14, the amount payable by him to the State
Government under this section.
(5) The amount paid by, or recovered from, a jagirdar or a cadet in accordance with the foregoing
provisions shall be credited to the land revenue account of the person from whom they had been
received or recovered by the jagirdar or cadet.]
24. 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 jagir village or the
mutual rights and obligations of a landlord and his tenants save in so far as the said provisions are not
in any way inconsistent with the express provisions of this Act.
25. Rules.— The State Government may, subject to t he 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.
26. Savings.— Nothing in this Act shall affect the villages or group of villages the revenues of
which are held in Saranjam by the holders of Feudatory Jahagirs in the merged State of Kolhapur.
1 This portion was inserted, by Bom. 58 of 1959, S. 3, (2).
2 This portion was inserted, by Bom. 58 of 1959, S. 3, (2).