LexThe Maharashtra Khoti Abolition Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1950 : VI] 1
THE MAHARASHTRA KHOTI ABOLITION ACT
[Text as on 17th April 2026]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Abolition of khoti tenure.
4. Khot, dharekari and tenants to be occupants.
5. Commutation of khot’s dues.
6. Occupancy price or commutation value recoverable as arrears of land revenue.
7. Khot to hand over accounts, etc., to authorised Officer.
8. Uncultivated and waste lands and all property of the nature specified in section 37 of the
Code vests in the Government.
9. Extinction of khot’s right of reversion.
10. Right to trees.
11. Application of the Code to lands in khoti village.
12. Method of compensation for the extinguishment or modification of any rights in land.
13. Limitation.
14. Court-fees.
14-A. Revisional powers in respect of awards made before commencement of Bom. XCIII of
1958.
15. Provisions of Bom. LXVII of 1948 to govern the relations of khot and tenants.
16. Rules.
17. Repeal.
SCHEDULE
2 The Maharashtra Khoti Abolition Act [1950 : VI
1950 : VI] The Maharashtra Khoti Abolition Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 18 of 1950
2. Amended by Bom. 3 of 1952
3. Amended by Bom. 38 of 1953
4. Amended by Bom. 65 of 1953
5. Amended by Bom. 93 of 1958
6. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
7. Amended by Mah. 43 of 1963
8. Amended by Mah. 24 of 2012 (22-8-2012)
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Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Khoti Abolition Act [1950 : VI
1950 : VI] The Maharashtra Khoti Abolition Act 5
ACT No. VI OF 19501
[THE MAHARASHTRA KHOTI ABOLITION ACT.]
[This Act received the assent of the president on the 29th March 1950; assent was first
published in the Bombay Government Gazette on the 3rd April 1950.]
An Act to abolish the khoti tenure in the 2[State of Bombay].
WHEREAS it is expedient to abolish the khoti tenure prevailing in the districts of 3Ratnagiri and
4Kolaba in the 5[Bombay area of the State of Maharashtra] and to provide for certain consequential and
incidental matters hereinafter appearing; It is hereby enacted as follows :—
1. Short title, extent and commencement. — (1) This Act may be called 6[the Maharashtra
Khoti Abolition Act].
(2) It extends to the districts of Ratnagiri and Kolaba as constituted immediately before the
thirtieth day of July 1948.
(3) It sha ll come into force on such 7date as the 8[State Government] may by notification in the
Official Gazette, specify.
2. Definitions.— (1) In this Act, unless there is anything repugnant in the subject or context,—
(i) “Code” means the 9Bombay Land Revenue Code, 1879 (Bom. V of 1879) ;
10[(i-a) “ Collector” includes an officer appointed by the State Government to perform the
functions and exercise the powers of the Collector under this Act;]
(ii) “dhara land” means land held by a dharekari and in the Ratnagiri district includes land
held by a quasidharekari;
(iii) “dharekari” means a landholder who holds land on the dhara tenure ;
(iv) “khot” includes,—
(a) a mortgagee lawfully in possession of a khotki ;
(b) all co-sharers in a khotki;
(v) “Khoti Act” means the Khoti Settlement Act, 1880 (Bom. I of 1880);
(vi) “khot’s dues” means,—
(a) the rent paid to a khot by a quasidharekari or permanent tenant of khoti land in the
district of Ratnagiri, in accordance with the provisions of section 33 of the Khoti Act, and
(b) the khoti fayda paid by any tenant of the khoti nisbat land in the district of Kolaba,
in accordance with the terms of the kabulayat or in accordance with the orders passed under
section 38 of the Khots Leases Act, 1865 (Bom. I of 1865),
exclusive of the survey assessment due to the 11[State Government] and the cess leviable under
section 93 of the Bombay Local Boards Act, 1923 (Bom. VI of 1923), in respect of such land ;
(vii) “khoti khasgi land” means,—
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, pp. 205-206.
2 These words were substituted for the words “Province of Bombay” by Bom. 18 of 1950, s. 2(i).
3 Read now Ratnagiri and Sindhudurg.
4 Read now Raigad.
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (S tate and
Concurrent Subjects) Order, 1960.
6 This short title was amended by Mah. 24 of 2012, s. 2, Schedule, entry 42, w.e.f. 1-5-1960.
7 15th May 1950, vide, G.N., R. D., No. 9705/45, dt. 8-5-1950 (B. G., Part IV-B, p. 842).
8 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2(ii).
9 See now the Maharashtra Land Revenue Code, 1966.
10 Clause (i-a) was inserted by Bom. 38 of 1953, s. 3 and Second Schedule.
11 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2(ii).
6 The Maharashtra Khoti Abolition Act [1950 : VI
(a) in the Ratnagiri District, khoti land held by and in possession of a khot other than
khoti nisbat land and land held by a privileged occupant as defined in the Khoti Act;
(b) in the Kolaba District,—
(i) land which is entered i n the khot’s own name as khoti 1[* * *] or in that of a
co-sharer in a khotki in the records of the original survey ; and
(ii) land acquired since the original survey by the khot by purchase or other
lawful transfer otherwise than in his capacity as a khot;
(viii) “khoti land” means land in respect of which a khot had, as such, any right or interest in
the district of Ratnagiri according to the provisions of the Khoti Act and in the district of Kolaba
according to the custom of the tenure ;
(ix) “khoti nisbat land” means,—
(a) in the district of Ratnagiri, land which in a khoti village before the coming into
force of this Act has reverted to the khot und er section 10 of the Khoti Act 2[land includes
also lands entered as khoti nisbat in the revenue records or the records of the khoti before
the passing of the Khoti Act];
(b) in the district of Kolaba,—
(i) land in a khoti village which may have come into the possession of the khot
by lapse for failure of heirs of a tenant or by forfeiture on the tenant’s failure to pay
rent or by the resignation of the tenant;
(ii) land which may have been entered at the original survey in the khoti nisbat
padit khata and since brought into cultivation otherwise than at the khot’s own expense ;
(x) “khoti village” means a village, or a portion or share of a village to the extent to which a
khot has any right or interest in such village, or portion or area thereof ;
(xi) “permanent tenant” means a holder of khoti land who has a permanent tenancy in such
land ;
(xii) “ quasidharekari” means a landholder of any of the denominations named in the first
column of the Schedule to the Khoti Act.
(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 by the Code.
(3) References in this Act to the provisions of the Khoti Act and the incidents of the khoti tenure
shall, notwithstanding the repeal of the said Act and the abolition of the said tenure by this Act, be
construed as references to the said provisions and incidents as they were in force immediately before
this Act comes into force.
3. Abolition of khoti tenure. — With effect from and on the date on which this Act comes into
force,—
(1) the khoti tenure shall, wherever it prevails in the districts of Ratnagiri and Kolaba, be
deemed to have been abolished ; and
(2) save as expressly provided by this Act, all the incidents of the said tenure shall be
deemed to have been extinguished, notwithstanding any law, custom or usage or anything
contained in any sanad, grant, kabulayat, lease, decree or order of any court or any other
instrument.
4. Khot, dharekari and tenants to be occupants.— (1) (a) In the case of khoti khasgi land, the
khot ;
(b) in the case of a dhara land, the dharekari or quasidharekari;
1 The word “khasgi” was deleted by Bom. 38 of 1953, s. 3 and Second Schedule.
2 This portion was added by Bom. 65 of 1953, s. 2. This amendment shall be dee med to have been made and came into
force on the date on which Bom. 6 of 1950 came into force vide s. 3 of (Bom. 65 of 1953).
1950 : VI] The Maharashtra Khoti Abolition Act 7
(c) in the case of land held by a permanent tenant, the permanent tenant;
(d) (i) in the case of khoti nisbat land, any tenant in possession of the land ; and
(ii) if there be no tenant in possession of such land, the khot ;
shall be primarily liable to the 1[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 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 district of Ratnagiri, in the case of a tenant (other than a permanent tenant) in
the possession of khoti nisbat land, such tenant shall be entitled to the rights of an occupant on
payment to the khot of the occupan cy price equivalent to six multiples of the survey assessment fixed
on the land :
Provided further that in the district of Kolaba, in the case of a tenant (other than a permanent
tenant) in the possession of khoti nisbat land such tenant, and in the case of a khot in respect of khoti
nisbat land in his actual possession of such khot, shall be entitled to the rights of an occupant on
payment to the 2[State Government] of the occupancy price equivalent to six multiples of the survey
assessment fixed on the land.
(2) The occupancy price payable under this section shall be in addition to the amount of the
commuted value payable by any person under section 5.
(3) With effect from the date on which this Act comes into force, the land in respect of which any
person is entitled to the rights of an occupant under sub -section (1), shall be free from the liability for
the payment of khot’s due in respect thereof, and all rights of a khot in his capacity as a khot in such
land shall be deemed to have been extinguished.
(4) Nothing in sub-section (3) shall in any way affect the liability of any person to pay in respect
of the land in his possession the amount of the khot’s dues for the current year ending on the 31st day of
July 1950 and the amount of the arrears of such dues for any previous year in respect of the said land.
5. Commutation of khot’s dues. — (1) A quasidharekari or a permanent tenant or a tenant of
khoti nisbat land shall be liable to pay the commute d value of the khot’s dues which were payable by
him immediately before the coming into force of this Act in respect of the land held by him. Such
commuted value shall be estimated and paid in the manner prescribed in sub-sections (2) and (3).
(2) The Mam latdar shall give notice in the prescribed manner to the persons referred to in sub -
section ( 1) and the khot, and after holding a formal enquiry shall determine the amount of the
commuted value of the khot’s dues :
Provided that the amount of commuted val ue shall not exceed three times the amount of the
khot’s dues, if payable in cash or three times the value of such dues if payable in kind, subject to the
maximum of a sum equal to six times the survey assessment of the land, or if the khot’s dues are
payable in crop-share, three times the commuted value of such dues reckoned in the manner provided
for in sub-section (3).
(3) In estimating the commuted value of the khot’s dues payable in crop-share, a third crop-share
shall be held as equivalent to two multiples of survey assessment fixed on the land and any other crop -
share as a proportional multiple of such assessment :
Provided that the commuted value of the produce payable on any warkas land actually used for
the purpose of rab manure in connection wit h rice cultivation shall be held as equivalent to one survey
assessment of such land.
6. Occupancy price or commutation value recoverable as arrears of land revenue. — The
amount of the occupancy price payable under section 4 and the amount of the commut ation value
payable under section 5, if not deposited with the Mamlatdar or paid to the khot, in accordance with the
directions within the period specified in the direction, shall be recoverable as arrears of land revenue.
1 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2 (ii).
2 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2 (ii).
8 The Maharashtra Khoti Abolition Act [1950 : VI
The amount deposited or recovered shall be paid to the khot or credited to 1[Government] as the case
may be.
7. Khot to hand over accounts etc. to authorised Officer. — (1) Wheneve r an officer
authorised by the 2[State Government] in this behalf so directs, a khot shall produce before him or such
other officer as may be specified in the direction accounts and other records relating to the khoti village
kept by him in the Ratnagiri district under the provisions of the Khoti Act and in the Kolaba district
under the terms of the kabulayat.
(2) If a khot fails without reasonable cause to deliver any such accounts or records, he shall, on
conviction, be punished with fine which may extend to Rs. 200. In the case of a continuing failure to
deliver any such accounts or records, the khot shall be punished with an additional fine which may
extend to Rs. 25 for every day during which such failure continues after conviction for the first such
failure.
8. Uncultivated and waste lands and all property of the nature specified in se ction 37 of the
Code vests in 3[Government].— For the removal of doubt, it is hereby declared that all uncultivated
and waste lands in a khoti village not appropriated by any khot and not entered into the revenue or
survey records as khoti khasgi before the date on which this Act comes into force and all other kinds of
property referred to in section 37 of the Code, situate in a khoti village, which are not the property of
the individuals or of any aggregate of persons legally capable of holding property and except in so far
as any rights of such persons may be established in or over the same and except as may be otherwise
provided in any law for the time being in force, are together with all rights in or over the same or
appertaining thereto, the property of 4[Government] and it shall be lawful to dispose of or set apart the
same for the authority in the manner and for the purpose provided in section 37 or 38 of the Code, as
the case may be.
9. Extinction of khot’s right of reversion.— From the date on which this Act comes into force
a khot shall not be entitled to acquire any right in any khoti land by right of reversion.
Explanation.— For the purposes of this section, the right of reversion shall mean a right by which
a khot was entitled to acquire lands held by a privilege d occupant under section 10 of the Khoti Act or
dhara or khoti nisbat land in the district of Kolaba according to the custom of the tenure.
10. Right to trees. — The rights to trees specially reserved under the Indian Forest Act, 1927
(XVI of 1927 ), or an y other law for the time being in force except those the ownership of which has
been transferred by 5[Government] under any contract, grant or law for the time being in force shall
vest in 6[Government].
11. Application of the Code to lands in khoti vill age.— Save as otherwise expressly provided
in this Act, the provisions of the Code shall apply to lands in a khoti village.
12. Method of compensation for the extinguishment or modification of any rights in land.— (1)
If a khot or any other person is aggrieved by any of the provisions of this Act as extinguishing or modifying
any of his rights in land and if such person proves that such extinguishment or modification amounts to
transference to public ownership of any land or any right in or over such land, such person may apply to the
Collector for compensation.
(2) Such application shall be made in the form prescribe d by rules made under this Act 7[on or
before the 31st day of March 1952] 8[and in the case of compensation for extinguishment of any right to
a share in the revenue of a forest, on or before the 31st day of March 1964].
1 These words were substituted for the words “the Crown” by Bom. 18 of 1950, s. 2(ii).
2 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2(iii).
3 These words were substituted for the words “the Crown” by Bom. 18 of 1950, s. 2(ii).
4 These words were substituted for the words “the Crown” by Bom. 18 of 1950, s. 2(ii).
5 These words were substituted for the words “the Crown” by Bom. 18 of 1950, s. 2(ii).
6 These words were substituted for the words “the Crown” by Bom. 18 of 1950, s. 2(ii).
7 These words, figures and letters were substituted for the words “within six months from the date on which this Act
comes into force” by Bom. 3 of 1952, s. 2, Schedule.
8 These words, letters and figures were inserted by Mah. 43 of 1963, s. 2.
1950 : VI] The Maharashtra Khoti Abolition Act 9
(3) The Collector shall after holding a formal inquiry in the manner provided by the Code award
such compensation as he deems reasonable and adequate:
Provided that—
(a) the amount of compensation for the extinguishment of the right of reversion in land in a
khoti village in the district of Ratnagiri shall not exceed the amount calculated at the rate of Rs. 2
per 100 acres of such land ;
(b) the a mount of compensation for the extinguishment of any right to appropriate any
uncultivated and waste lands not appropriated by any khot and not entered in the revenue or
survey records as khoti khasgi immediately before the 1st day of August 1949, shall not exceed
the amount calculated at the rate of Rs. 5 per 100 acres of such land:
Provided further that in the case of the extinguishment or modification of any other right of
a khot or any right of any other person the Collector shall be guided by the provisions of
sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (1 of 1894):
Provided also that if any question arises whether any land is dhara, khoti khasgi or khoti
nisbat or is held by a permanent tenant or other tenant, the Collector shall after holding a formal
inquiry in the manner provided by the Code decide the question.
1[(3A) (i) Where the officer making an award under sub -section (3) is a Col lector under this Act
but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five
thousand rupees, then the award shall not be made without the previous approval of—
(a) the Collector appointed under section 8 of the Code, if the amount of the award does not
exceed twenty-five thousand rupees, or
(b) the Commissioner, if the amount of the award exceeds twenty -five thousand rupees but
does not exceed one lakh of rupees, or
(c) the State Government, if the amount of the award exceeds one lakh of rupees.
(ii) Where the officer making an award under sub -section (3) is a Collector under this Act and
also a Collector appointed under section 8 of the Code, and the amount of such award exceeds twenty -
five thousand rupees, then such award shall not be made without the previous approval of—
(a) the Commissioner, if the amount of the award does not exceed one lakh of rupees ; or
(b) the State Government, if the amount of the award exceeds one lakh of rupees.
(iii) Every award under sub-section (3) shall be in the form prescribed in section 26 of the Land
Acquisition Act, 1894 (1 of 1894).]
(4) Subject to the provisions of sub -section (5), the award or decision of the Collector shall be
final.
(5) Any person aggrieved by the award or decision of t he Collector may appeal to the
2[Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 (Bom.
XXXI of 1958).]
(6) In deciding appeals under sub-section (5), the 3[Maharashtra Revenue Tribunal] shall exercise
all the powers which a Court has and 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
1 Sub-section (3A) was inserted by Bom. 93 of 1958, s. 2, Schedule.
2 These words, figures and letters were substituted for the portion beginning with the w ords “Bombay Revenue Tribunal”
and ending with the figures “1939” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 These words were substituted for the w ords, “Bombay Revenue Tribunal” by The Maharashtra Adaptation of L aws
(State and Concurrent Subjects) Order, 1960.
4 These words were substituted for the w ords, “Bombay Revenue Tribunal” by The Maharashtra Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
10 The Maharashtra Khoti Abolition Act [1950 : VI
of sections 4, 5, 12 and 14 of the 1Indian Limitation Act, 1908 (IX of 1908), shall apply to the filing of
such appeal.
14. Court-fees.— Notwithstanding anything contain ed in the 2Court-fees Act, 1870 (VII of
1870), every appeal made under this Act to the 3[Maharashtra Revenue Tribunal] shall bear a court-fee
stamp of such value as may be prescribed.
4[14A. Revisional powers in respect of awards made before commencement of Bom. XCIII
of 1958.— Where any award was made under sub -section (3) of section 12 before the commencement
of the Bombay Land Tenure Abolition (Amendment) Act, 1958 and no appeal was file d against such
award under sub-section (5) of section 12, then notwithstanding anything contained in sub -section (4)
of section 12 the State Government may call for the record of the inquiry or proceeding relating to such
award for the purpose of satisfyin g itself as to the legality, propriety or regularity, of such inquiry or
proceedings, and if after giving the interested parties an opportunity to be heard, it is not satisfied as to
the legality, propriety or regularity of such inquiry or proceedings, it may cancel the award and direct
the Collector to make a fresh award and thereupon all the provisions of this Act relating to the making
of an award, the finality of such award and the appeal against such award shall mutatis mutandis apply
to such fresh award.]
15. Provisions of Bom. LXVII of 1948 to govern the relations of khot and tenant. — Nothing
in this Act shall in any way be deemed to affect the application of any of the provisions of the
5Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), to any of the khoti lands
or the mutual rights and obligations of a khot and his tenants, save in so far as the said provisions are
not in any way inconsistent with the express provisions of this Act.
16. Rules.— The 6[State Government] may mak e rules for the purpose of carrying out the
provisions of this Act. Such rules shall be subject to the condition of previous publication and shall,
when finally made, be published in the Official Gazette.
17. Repeal.— The enactments specified in the Sche dule are hereby repealed to the extent
specified in column 4 thereof :
Provided that the repeal of the said enactment and the provision declaring any incident of the
khoti tenure to have been extinguished shall not in any way affect any legal proceeding p ending at the
date of the commencement of this Act and such legal proceeding shall be continued and finally
disposed of as if this Act had not been passed.
Schedule
(See section 17)
Year No. Short title Extent of repeal
(1) (2) (3) (4)
1865 I The Khots Leases Act, 1865 Sections 37 and 38
1879 V The Bombay Land Revenue Code, 1879 Section 114
1880 I The Khoti Settlement Act, 1880 The whole
1 See now Limitation Act, 1963 (36 of 1963).
2 See now Maharashtra Court-fees Act (Bom. XXXVI of 1959).
3 These words were substituted for the words “Bombay Revenue Tribunal” by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
4 Section 14A was inserted by Bom. 93 of 1958, s. 2, Schedule.
5 The short title of the Acts was amended as “the Maharashtra Tenancy and Agricultural Lands Act” by Mah. 24 of 2012,
Sch., entry 33.
6 These words were substituted for the words “Provincial Government” by Bom. 18 of 1950, s. 2(ii).