Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY LAND TENURES ABOLITION (AMENDMENT) ACT, 1953 38 of 1953 [June 9, 1953] CONTENTS 1. Short title and extend 2. Amount of compensation to be payable in transferable bonds 3. Amendments to Acts specified in Second Schedule 4. Rules SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- SCHEDULE BOMBAY LAND TENURES ABOLITION (AMENDMENT) ACT, 1953 38 of 1953 [June 9, 1953] An Act to amend certain Bombay Land Tenures Abolition Acts. Whereas it is expedient to amend certain Acts providing for the abolition of land tenures in the State of Bombay for the purposes hereinafter appearing. It is hereby enacted as follows:- 1. Short title and extend :- (1) This Act may be called the Bombay Land Tenures Abolition (Amendment) Act, 1953. (2) It extends to the [Bombay area of the State of Gujarat excluding the merged territories. 2. Amount of compensation to be payable in transferable bonds :- (1) The amount of compensation payable under the provisions specified in column 2 of the First Schedule hereto annexed of the Acts specified in column 1 thereof, shall be payable 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 denominations and shall be in such forms as may be prescribed. (2) Where compensation has been paid in non-transferable bonds under the provisions of section 7 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, (Bombay LX of 1950), at any time before the date of the coming into force of this Act, the holder thereof shall be entitled to have such bonds converted into transferable bonds repayable and carrying interest as provided in sub-section(l) within such period and in such manner as may be prescribed by rules made under this Act. 3. Amendments to Acts specified in Second Schedule :- The Acts specified in column 1 of the Second Schedule hereto annexed shall be amended in the manner and to the extent set forth in column 2 of that Schedule. 4. Rules :- The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act. Such rules shall be subject to the condition of previous publication SCHEDULE 1 SCHEDULE FIRST SCHEDULE Acts. Provisions. 1 2 1. The Bombay Maleki Tenure Section 5. Abolition Act, 1949 (Bom. LXI of 1949). 2. The Bombay Taluqdari Section 7 and 14. Tennure Abolition Act, 1949 (Bom. LXII of 1949). 3. The Bombay Khoti Section 12. Abolition Act, 1949 (Bom. VI of 1950). 4. The Bombay Paragana and Sections 6, 7 and 9 as Klukarni Watans Abolition) amended by this Act. Act, 1950 Bom. LX of 1950). 5. The Bombay Watwa Section 4. Vazifdari Rights Abolition Act, 1950 (Bom. LXII of 1950). 6. The Salsette Estates (Land Section 7. Revenue Exemption Abolition) Act, 1951 (Bom. XLVIIof 1951). SCHEDULE 2 SCHEDULE SECOND SCHEDULE. Acts. Amendments. 1 2 The Bombay Maleki Tenure In sub-section (1) of section 2, after Abolition Act, 1949 (Bom. LXI of clause (c) the following clause shall 1949). be inserted namely: "(d) 'Collector' includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act". The Bombay Taluqdari Tenure In section 2, after clause (1) the Abolition Act, 1949 (Bom. LXII of following clause shall be inserted, 1949. namely: "(1-A) 'Collector' includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act". TheBombay Khoti Abolition Act In section 2, in sub-section (1); 1949 (Bom. VI of 1950). (a) after clause (i) the following clause shall be inserted, namely: "(i-a) 'Collector' includes an officer a pointed by the State Government to perform the functions and exercise the powers of the Collector under this Act"; (b) in clause (vii) (b) (i), the word "khasgi" shall be deleted. The Bombay Paragana and (i) In sub-section (1) of of section 2, Kulkarni Watans (Abolition) Act, 1950 after clause (b), the following (Bom. LX of 1950). clause shall be inserted, namely: "(bb) 'Collector' includes an officer (bb) Co ecto c udes a o ce appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;"; (2) in section 4, (i) in sub-section (1), for the words "two years", at both the places where they occur, the words "three years" shall be substituted; (ii) in sub-section (3), for the word, brackets and figure "sub-section (2)" the words, figures and brackets "sub-sections (1) and (2)" shall be substituted; (3) in section 6, (i) clause (2), for the portion beginning with the words "a sum equal to the amount of such land revenue" and ending with the words "until the expiry of the said period of ten years", the following shall be substituted, namely; "a sum equal to ten times the amount to such land revenue shall be paid to the holder and if the holder dies before the payment of such sum to his heir or heirs, after deducting thereform the amount of cash allowance, if any, paid to such holder or heir or heirs as the case may be, during the period between the appointed day and the date on which the Bombay Land Tenures Abolition (Amendment) Act, 1953, (Bom. XX- XVIII of 1953), came into force"; (ii) in the marginal note, for the words "continuation of cash allowance" the words "compensation in lieu of cash allowance or land revenue" shall be substituted. (4) for section 7 the following shall be substituted, namely: 7. "Compensation to the representative watendar. In the case of a person who has been registered as a representative watendar immediately before the appointed day and who in consequence of the coming into force of this Act ceases to be entitled to the right to perform the duties of the office of a hereditary village accountant, a sum equal to seven times the total amount of the emoluments payable annually in cash to the representative watendar performing such service in the year immediately proceedings the year in which this Act comes into force shall be paid to such representative watendar as compensation and if such watendar dies before the payment of the sum to him, his heir or heirs shall be paid such sum, after deducting therefrom the amount of compensation, if any, received by the representative watendor or his heir or heirs, as the case may be, during the period between the appointed day and the date on which the Bombay Land Tenures Abolition (Amendment) Act. 1954, (Bom. XXXVIII of 1953), came into force. Explanation. For the purposes of this section, a deputy or substitute officiating for the representative watendar shall not be entitled to receive such sum." (5) In sub-section (2) of section 9, for the words, letters and figures "on or before the 31st day of March 1951" the following shall be substituted and be deemed always to have been substituted, namely: "on or before the 30th day of April 1954." The Bombay Watvva Vazifdari In section 2, after clause (b) the Rights Abolition Act, 1950 following clause shall be inserted, (Bom. LXII of 1950). namely: "(c) 'Collector' includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act." The Salsette Estates (Land In sub-section (1) of section 2, after Revenue Exemption clause (a) the following clause shall Abolition Act, 1951 (Bom. XLVII be inserted namely: of 1951). "(aa) 'Collector' includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act."