LexThe Maharashtra Personal Inams Abolition Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1953 : XLII] 1
THE MAHARASHTRA PERSONAL INAMS ABOLITION ACT
[Text as on 7th June 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Act not to apply to certain inams and grants.
4. Abolition of personal inams and rights in respect of such inams.
5. Liability of inam village or inam land to payment of land revenue and inamdar and
permanent holder to be occupant.
6. Compensation for abolition of cash allowance.
7. All public roads, etc., situate in inam villages to vest in Government.
8. Right to trees.
9. [Deleted].
10. Compensation to inamdars for extinguishment of rights under section 7.
11. Appeal against Collector’s award.
12. Procedure before Revenue Tribunal.
13. Limitation.
14. Court-fees.
15. Finality of award and decision of Revenue Tribunal.
16. Inquiries and proceedings to be judicial proceedings.
16A. Method of compensation for extinguishment of certain rights.
17. Method of compensation for abolition, etc., of other rights in property.
17A. Amount of compensation to be payable in transferable bonds.
18. Provisions of Bom. LXVII of 1948 to govern the relations of inamdar and tenants.
19. Rules.
20. Modification and discontinuance of application of certain enactments.
SCHEDULE I
SCHEDULE II
2 The Maharashtra Personal Inams Abolition Act [1953 : XLII
1953 : XLII] The Maharashtra Personal Inams Abolition Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 9 of 1954
2. Amended by Bom. 40 of 1956
3. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
4. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
5. Amended by Mah. 43 of 1961
6. Amended by Mah. 16 of 1985
7. Amended by Mah. 24 of 2012
4 The Maharashtra Personal Inams Abolition Act [1953 : XLII
1953 : XLII] The Maharashtra Personal Inams Abolition Act 5
BOMBAY ACT No. XLII OF 19531
[THE MAHARASHTRA PERSONAL INAMS ABOLITION ACT.]
[This Act received the assent of President on the 13th June 1953; assent was first published
in the Bombay Government Gazette, Part IV, on the 20th June 1953.]
An Act to abolish personal inams in the State of Bombay.
WHEREAS, it is necessary and expedient in the public in terest to abolish personal inams in the
State of Bombay ; It is hereby enacted as follows :—
1. Short title, extent and commencem ent.— (1) This Act may be called the 2[Maharashtra
Personal Inams Abolition Act].
(2) It extends to the 3[Bombay area of the State of Maharashtra] excluding the merged territories.
(3) It shall come into force on such date 4 as the State Government may by notification in the
Official Gazette specify in this behalf.
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context,—
(a) “appointed date” means the date on which this Act comes into force ;
(b) “Code” means the Bombay Land Revenue Code, 1879 (Bom. V of 1879) ;
5[(ba) “Collector” includes an Officer appointed by the State Government to perform the
functions and exercise the powers of the Collector under this Act ;]
(c) “inamdar” means a holder of a personal inam and includes any person lawfully holding
under or through him ;
(d) “inam village” or “inam land” means a village or a portion of a village or land, as the
case may be, held by a person under a personal inam ;
(e) “personal inam” means,—
(i) a grant of a village, portion of a village, 6[land (including any share in the revenues
of a village or any portion thereof or land) or] total or partial exemption from the payment
of land revenue entered as personal inam in the alienation register kept under section 53 of
the code ;
(ii) a grant of money or land revenue including anything payable as a cash allowance
on the part of the State Government in respect of any right, privilege, perquisite or office
and entered as class I, II, III, IV or V in the records kept under the rules made under the
Pensions Act, 1871 (XXIII of 1871).
Explanation.— If any question arises whether any grant is a personal inam, such
question shall be referred to the State Government and the decision of the State Government
shall be final 7[and the entry, if a ny, in respect of such grant in the alienation register kept
under section 53 of the Code shall be deemed to have been amended accordingly] ;
(f) “prescribed” means prescribed by rules made under this Act ;
(g) “Schedule” means a Schedule appended to this Act.
1 For Statement of Objects and Reasons of the L.A. Bill No. LIII of 1953, See Bombay Government Gazette, 1952, Part V,
dated 7th August 1953, page 40.
2 This short title was amended by Mah. 24 of 2012, schedule 3, entry 49, w.e.f. 1.5.1960.
3 These words wer e substituted for the words “ Pre-Reorganisation State of Bombay excluding the transferred territories
and” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 This Act came into force w.e.f. 1st August 1953 by G.N.R.D No. 3626/49 dated 22nd June 1953, (B. G. Pt. IV-B, P.1254).
5 This clause was inserted by Bom. 9 of 1954, s. 2.
6 This portion was substituted and deemed always to have been substituted for the words “land or” by Mah. 43 of 1961,
s. 2.
7 These words and figures were inserted and shall be deemed always to have been inserted by Bom. 4 0 of 1956 s. 4,
Second Schedule.
6 The Maharashtra Personal Inams Abolition Act [1953 : XLII
(2) The other words and expressions used but not defined in this Act shall have the meanings
assigned to them in the Code.
3. Act not to apply to certain inams and grants.— Nothing in this Act shall apply to—
(1) saranjams, jahagirs and other political inams ;
(2) devastan inams or inams held by religious or charitable institutions ;
(3) inams held for service useful to Government ;
(4) inams held for service useful to the community ; and
(5) revenue free sites g ranted by Government 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.
1[Explanation.— For the purposes of this section inams held by religious or charitable institutions
mean Devasthan or Dharmadaya inams granted or recognised by the ruling authority for the time being
for a religious or charitable institution and entered as such in the alienation register kept under section
53 of the Code or in the records kep t under the rules ma de under the Pensions Act, 1871
(XXIII of 1871).]
4. Abolition of personal inams and rights in respect of such inams. — Notwithstanding
anything contained in any usage, settlement, grant, sanad or order or a decree or order of a Court or any
law for the time being in force, with effect from and on the appointed date,—
(i) all personal inams shall be deemed to have been extinguished,
(ii) save as expressly provided by or under the provisions of this Act, all rights legally
subsisting on the said date in respect of such personal inams shall be de emed to have been
extinguished :
Provided that in the case of a personal inam consisting of exemption from the payment of land
revenue only, either wholly or in part, such exemption shall be deemed to have been extinguished—
(a) if the amount of such exemption is or exceeds Rs . 5,000 with effect from the 1 st day of
August 1953 ; and
(b) in all other cases, with effect from the 1st day of August 1955.
5. Liability of inam village or inam land to payment of land revenue and Inamdar and
permanent holder to be occupant.— (1) All inam villages or inam lands are and shall be liable to the
payment of land revenue in accordance with the provisions of the Code a nd the rules made thereunder
and the provisions of the Code and the rules relating to unalienated land shall apply to such lands.
(2) ( a) An inamdar in respect of the inam land in his actual possession or in possession of a
person holding from him other than an inferior holder, referred to in clause (b) below, or
(b) an inferior holder holding inam land on payment of annual assessment only, shall primarily be
liable to the State Government for the payment of land revenue due in respect of such land held by him
and shall be entitled to all the rights and shall be liable to all obligations in respect of such land as an
occupant under the Code or the rules made thereunder or any other law for the time being in force.
6. Compensation for abolition of cash al lowance.— Notwithstanding anything contained in
any law, usage, settlement, grant, sanad or order but subject to the provisions of this Act, a sum equal
to seven times 2[the amount of share in the revenues of a village or any portion thereof or land referr ed
to in section 2(1) (e) (i), or as the case may be], the amount of cash allo wance referred to in section
2(1) ( e) ( ii), if any , due to an inamdar as personal inam shall be paid to him as compensation in
consideration of the extinguishment of his right to receive 3[such share or allowance].
1 This Explanation was inserted and shall be deemed always to have been i nserted by Bom . 40 of 1956, s. 4, Second
Schedule.
2 This portion was inserted by Mah. 43 of 1961, s.3 (a).
3 These words were substituted for the words “such allowance” Mah. 43 of 1961, s.3 (b).
1953 : XLII] The Maharashtra Personal Inams Abolition Act 7
7. All public roads, etc., situate in inam villages 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, 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 inam village or inam land sha ll, except in so far as any rights
of any person other than inamdar 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 an
inamdar 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 them of as he
deems fit, subject always to the rights of a 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.
8. Right to trees. — The rights to trees specially reserved under the Ind ian 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 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 right of the State
Government to apply the provisions of the Indian Forest Act, 1927 (XVI of 1927), as in force in the
1[Bombay area of the State of Maharashtra] to forests in an inam village or inam land.
9. 2* * * *
10. Compensation to inamdars for extinguishment of rights under section 7. — (1) Any
inamdar having any right or interest in any property referred to in section 7 shall be entitled to
compensation in the manner provided in the following paragraphs, namely :—
(a) within a period of twelve months from the appointed date, the inamdar shall apply in
writing to the Collector stating the nature of his right or interest, the grounds of his claim and the
amount of compensation claimed by him for the extinguishment of his right or interest ;
(b) the Collector shall hold a formal inquiry in the manner pro vided in the code and if the
Collector is satisfied that the applicant had any right or interest in the property and that such right
or interest has been extinguished under section 7, he shall make an award in the manner
prescribed in section 11 of the Lan d Acquisition Act, 1894 (I of 1894) , subject to the following
conditions, namely :—
(i) if the property in question is waste or uncultivated but is culturable 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 la nd over which the public has been enjoying or
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 w ith 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 stru ctures on the land, the amount of compensation shall
be the market value of such trees or structures, as the case may be.
1 These words were substituted for “pre -Reorganisation State of Bombay excluding the transferred territories” by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 section 9 was deleted by Mah. 16 of 1985, s.15.
8 The Maharashtra Personal Inams Abolition Act [1953 : XLII
Explanation.— for th e 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.
(2) Every award made under sub -section (1) 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.
11. Appeal against Collector’s award.— An appeal shall lie against an a ward of the Collector
to the 1[Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957
(Bom. XXXI of 1958)], notwithstanding anything contained in the said Act.
12. Procedure before Revenue Tribunal. — (1) The 2[Maharashtra 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 3[Maharashtra 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).
13. Limitation.— Every appeal made under this Act to the 4[Maharashtra 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, 1908 (IV of 1908), shall apply to the filing of
such appeal.
14. Court-fees.— Notwithstanding anything contained in the Court -fees Act, 1870 (VII of
1870), every appeal made under this Act to the 5[Maharashtra Revenue Tribunal] shall bear a court-fee
stamp of such value as may be prescribed.
15. Finality of award and decision of Revenue Tribunal. — The award made by the Collect or
subject to an appeal to the 6[Maharashtra Revenue Tri bunal] and the decision of the 7[Maharashtra
Revenue Tribunal] on the appeal shall be final and conclusive and shall not be questioned in any suit or
proceeding in any Court.
16. Inquiries and proceedings to be judicial proceedings. — All inquiries and proceeding s
before the Collector and the 8[Maharashtra 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 1860).
9[16A. Method of compensation for extinguishment of certain rights. — (1) Any inamdar
having any right or interest in the share in the re venues referred to in section 2(1) (e) (i) shall, within a
period of twelve months from the commencement of the Bombay Personal Inams Abolition
1 This portion was substituted for “Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939”
by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
3 These words were substituted for the words “Bombay Revenue Tribunal” by the Ma harashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
4 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
5 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
6 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
7 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
8 These words were substituted for the words “Bombay Revenue Tribu nal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
9 Section 16A was inserted by Mah. 43 of 1961, s. 4.
1953 : XLII] The Maharashtra Personal Inams Abolition Act 9
(Amendment) Act, 1961 (Mah. XLIII of 1961) , make an application in the prescribed form to the
Collector stating the amount of or his right or interest in the share, the grounds of his claim and the
amount of compensation claimed by him for the extinguishment thereof.
(2) The Collector shall, after holding a formal inquiry in the manner provided by the Code, make
an award, determining the amount of compensation.
(3) An appeal shall lie from the said award to the Maharashtra Revenue Tribunal.
(4) The provisions of sections 10 to 16 (both inclusive) shall, so far as may be, apply to the
proceedings in respect of such award or appeal, as the case may be.]
17. Method of compensation for abolition, etc., of other rights 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 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 Collector in the prescribed form
within twelve months from the appointed date. 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) An appeal shall lie from the said award to the 1[Maharashtra Revenue Tribunal].
(4) The provisions of sections 10 to 16 (both inclusive) shall, so far as may be, apply to the
proceedings in respect of such award or appeal, as the case may be.
(5) Nothing in this section shall entitle any person to compensation on the ground that any in am
village or inam land which has wholly or partially exempt from the 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.
2[17A. Amount of compens ation 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 s hall 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 denominations and shall be in such
forms as may be prescribed.]
18. Provisions of Bom. LXVII of 1948 to govern the relations of inamdar 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
inam village or inam land or the mutual rights and obligations of an inamdar and his tenants, save in so
far as the said provisions are not in any way inconsistent with the express provisions of this Act.
19. Rules.— The State Government may, subject to the condition of pervious 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.
20. Modification and discontinuance of application of certain enactments. — (1) With effect
from and on the appointed date—
(a) the provisions of the enactments specified in Schedule I shall be repealed or amended to
the extent specified in column 4 of the said Schedule ; and
1 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (Sta te
and Concurrent Subjects) Order, 1960.
2 This section was inserted by Bom. 9 of 1954, s. 3.
10 The Maharashtra Personal Inams Abolition Act [1953 : XLII
(b) the provisions of the enactments specified in Schedule II shall cease to apply to all inam
villages or inam lands and to inamdars.
(2) Nothing in sub-section (1) shall be deemed to affect,—
(a) any obligation or liability already incurred before the appointed date ;
(b) any proceeding in respect of such obligation or liability ; or
(c) anything done in the course of such proceeding in any Court on or before the aforesaid
date and such proceeding may be continued and disposed of as if this Act has not been passed.
THE SCHEDULES
(See-Section 20.)
Schedule I.
Year.
1
No.
2
Short title.
3
Extent of repeal or
amendment.
4
1887 VII .. The Toda Giras Allowances Act,
1887.
The whole Act shall be
repealed.
1949 LXI .. The Bombay Maliki Tenure
Abolition Act, 1949.
Sub-section (2) of section 3
shall be deleted.
1949 LXII .. The Bombay Taluqdari Tenure
Abolition Act, 1949.
Clause (a) of sub-section (2) of
section 5 shall be deleted.
1949 LXIII ..
The Panch Mahals Mehwassi
Tenure Abolition Act, 1949.
Sub-section (2) of section 4
shall be deleted.
Schedule II.
Year.
1
No.
2
Short title.
3
Extent of cessation of
application.
4
1852 XI .. The Bombay Rent Free Estates
Act, 1852.
The whole Act shall cease to
apply.
1863 II .. The Exemptions from Land
Revenue (No.1) Act, 1863.
Do ——do——
1863 VII ..
The Exemptions from Land
Revenue (No. 2) Act, 1863.
Do ——do——
1871 XXIII .. The Pensions Act, 1871. Do ——do——