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THE BOMBAY REVENUE JURISDICTION ACT, 1876.
_________
ARRANGEMENT OF SECTIONS
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Preamble.
SECTIONS.
Operation of same Regulation in sites of villages and towns.
Recovery of certain advances made by Local Government.
THE SCHEDULE.
THE SECOND SCHEDULE.
* Subject to verification and confirmation by the Department.
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THE BOMBAY REVENUE JURISDICTION ACT, 1876
ACT NO. 10 OF 1876
[28th March, 1876.]
An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters relating to the Land-revenue, and for other purposes.
WHEREAS in certain parts of the Presidency of Bombay, the jurisdiction of the Civil Courts in matters connected with the land-revenue is more extensive than it is in the rest of the said Presidency;
And whereas it is expedient that the jurisdiction of all the Civil Courts in the said Presidency should be limited in manner hereinafter appearing;
And whereas it is also expedient to amend the Bombay Civil Courts Act, section thirty-two, and to revive certain provisions of the thirteenth section of Regulation 17 of 1827 of the Bombay Code, which was repealed by the Land Improvement Act, 1871, 1***;
It is hereby enacted as follows:—
Commencement.—So much of section four as relates to claims to set aside, on the ground of irregularity, mistake or any other ground except fraud, sales for arrears of land-revenue, shall come into force on such day as the Governor General in Council directs in that behalf by notification in the Gazette of India. The rest of this Act shall come into force on the passing thereof:
Extent.—And it shall extend to all the territories for the time being under the government of the Governor of Bombay in Council, but not so as to affect—
(a) any suit regarding the assessment of revenue on land situate in the Collectorate of Bombay, or the collection of such revenue;
(b) any of the provisions of Bombay Acts 5 of 1862 and 6 of 1862, or of Act 15 of 1871, or of Act 23 of 1871;
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Land.—“Land” includes the sites of villages, towns and cities: it also includes trees, growing crops and grass, fruit upon, and juice in, trees, rights-of-way, ferries, fisheries, and all other benefits to arise out of land, and things attached to the earth, or permanently fastened to things attached to the earth:
Land-revenue.—“Land-revenue” means all sums and payments, in money or in kind, received or claimable by or on behalf of Government from any person on account of any land held by or vested in him, and any cess or rate authorized by Government under the provisions of any law for the time being in force:
Revenue officer.—“Revenue officer” means any officer employed in or about the business of the land-revenue, or of the surveys, assessment, accounts or records connected therewith.
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(a) claims against Government relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act. No. 3 of 1874, or any other law for the time being in force, or of any other village-officer or servant, or
claims to perform the duties of any such officer or servant, or in respect of any injury caused by exclusion from such office or service, or
suits to set aside or avoid any order under the same Act or any other law relating to the same subject for the time being in force passed by Government or any officer duly authorised in that behalf, or
claims against Government relating to lands held under treaty, or to lands granted or held as saranjam, or on other political tenure, or to lands declared by Government or any officer duly authorised in that behalf to be held for service;
(b) objections—
to the amount or incidence of any assessment of land-revenue authorised by Government, or to the mode of assessment, or to the principle on which such assessment is fixed, or
to the validity or effect of the notification of survey or settlement, or of any notification determining the period of settlement;
(c) claims connected with or arising out of any proceedings for the realization of land-revenue or the rendering of assistance by Government or any officer duly authorized in that behalf to superior holders or occupants for the recovery of their dues from inferior holders or tenants;
claims to set aside on account of irregularity, mistake, or any other ground except fraud, sales for arrears of land-revenue;
(d) claims against Government—
(1) to be entered in the revenue survey or settlement records or village papers as liable for the land-revenue, or as superior holder, inferior holder, occupant or tenant, or
(2) to have any entry made in any record of a revenue survey or settlement, or
(3) to have any such entry either omitted or amended ;
(e) the distribution of land or allotment of laud-revenue on partition of any estate under Bombay Act 4 of 1868, or any other law for the time being in force;
(f) claims against Government—
to hold land wholly or partially free from payment of land-revenue, or to receive payments charged on or payable out of the land-revenue, or
to set aside any cess or rate authorized by Government under the provisions of any law for the time being in force, or
respecting, the occupation of waste or vacant land belonging to Government;
(g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for the time being in force, or to set aside any order passed by a competent officer under any such law with regard to boundary-marks:
Proviso.—Provided that if any person claim to hold land wholly or partially exempt from payment of land-revenue under—
(h) any enactment for the time being in force expressly creating an exemption not before existing in favour of an individual or of any class of persons, or expressly confirming such an exemption on the ground of its being shown in a public record, or of its having existed for a specified term of years, or
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(i) an instrument or sanad given by or by order of the Governor of Bombay in Council under Bombay Act No. II of 1863, section one, clause first, or. Bombay Act No. VII of 1803, section two, clause first, or
(j) any other written grant by the British Government expressly creating or confirming such exemption, or
(k) a judgment by a Court of law, or an adjudication duly passed by a competent officer under Bombay Regulation 17 of 1827, chapter X, or under Act No. 11 of 1852, which declares the particular property in dispute to be exempt;
such claim shall be cognizable in the Civil Courts.
Illustrations to (h).
(a) suits against Government to contest the amount claimed, or paid under protest, or recovered, as land-revenue on the ground that such amount is in excess of the amount authorised in that behalf by Government, or that such amount had previous to such claim, payment, or recovery been satisfied, in. whole or in part, or that the plaintiff, or the person whom he represents, is not the person liable for such amount;
(b) suits between private parties for the purpose of establishing any private right, although it may be affected by any entry in. any record of a revenue survey or settlement or in any village papers;
(c) suits between superior holders or occupants and inferior holders or tenants regarding the dues claimed or recovered from the latter;
and nothing in section four, clause (g) shall be held to prevent the Civil Courts from entertaining suits, other than suits against Government, for possession of any land being a whole survey number or a recognized share of a survey number.
1[and nothing in section four shall be held to prevent the Civil Courts in the Districts mentioned in the second schedule hereto annexed from exercising such jurisdiction as, according to the terms of
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any law in force on the twenty-eighth day of March 1876, they could have exercised over claims against Government—
(a) relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act No. 3 of 1874, or any other law for the time being in force, or of any other village-officer or servant:
(b) to hold land wholly or partially free from payment of land-revenue:
(c) to receive payments charged on, or payable out of, the land-revenue.]
If any Revenue officer absconds or does not attend when called on by his official superior, and if the Collector of the District proceeds against him or his sureties for public money, papers or property according to the provisions of any law for the time being in force, such Collector shall not be liable to pay damages or costs in any suit brought against him by such officer or sureties, although it appears that a part only, or no part whatever, of the sum demanded was due from the officer so absconding or failing to attend, or that he was not in possession of the papers or property demanded of him.
Such further appeal must be presented within one month from the date of the decision complained of.
Any appeal under this section may be admitted after the period of limitation prescribed therefor when the appellant satisfies the officer appealed to that he had sufficient cause for not presenting the appeal within such period.
In computing any period of limitation so prescribed, the day on which the act, omission or decision complained of took place or was pronounced shall be excluded.
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The said High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the Court-house.
The parties to the case may appear and he heard in the High Court in person or by their advocates or pleaders.
The High Court, when it has heard and considered the ease, shall send a copy of its decision, with the reasons therefor, under the seal of the Court, to the Government by which the reference was made, and subject to any appeal which may be presented to Her Majesty in Council, the case shall be disposed of conformably to such decision.
If the High Court considers that any such statement is imperfectly framed, the High Court may return it for amendment.
The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case directs.
The High Court may order the Judge making the reference either to proceed with the case or to return the plaint.
The order of the High Court on any such reference shall be subject to appeal to Her Majesty in Council, and save as aforesaid, shall be final.
or against any Revenue officer, and the Local Government undertakes the defence thereof,
it shall be lawful for the Local Government, by certificate signed by a Secretary thereto, to require —
(a) that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to an Assistant Judge ; and
(b) that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in such Court;
and the Court shall give effect to every such requirement.
The privilege conferred on the Local Government by the clause (b) of this section shall, mulalis mulandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section.
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demands for current land-revenue, as specified in section five of Bombay Regulation 17 of 1827, shall not extend to demands on account of the arrears for former years.
Operation of same Regulation in sites of villages and towns.—So much of the said Regulation as is for the time being in force in any part of the territories to which this Act extends shall be deemed to be in force and to have always been in force in the sites of all villages, towns and cities in such part.
Recovery of certain advances made by Local Government.—All advances made by the Local Government for purposes other than those specified in the Land Improvement Act, 1871 (26 of 1871), section three, may be recovered from the persons to whom such advances are made as if they were arrears of land-revenue.
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SCHEDULE.
(See section 2).
ACTS OF THE GOVERNOR GENERAL IN COUNCIL.
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Number and year. |
Title or abbreviated title. |
Extent of repeal. |
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1 6 of 18 38 . . |
Suits, Bombay |
In section 1, the words " or of |
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the wuttuns of hereditary |
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district or village officers. |
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1 0 o f 1 84 8 . . . |
An Act for annexing the lapsed State of |
So much of section 2 as is not |
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Mandvi to the Presidency of Bombay. |
repealed. |
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11 of 1852 |
An Act for the adjudication of titles to certain |
Section 7. |
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estates claimed to be wholly or partially |
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rent-free in the Presidency of Bombay. |
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8 of 1853 |
An Act for bringing the lapsed State of Colaba |
So much of section 2 as is not |
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under the laws of the Presidency of Bombay. |
repealed. |
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ACTS OF THE GOVERNOR OF BOMBAY IN COUNCIL. |
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Number and year. |
Title or abbreviated |
Extent of repeal. |
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title. |
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2 of 1863 |
An Act to facilitate the adjustment of unsettled |
Section 13, from and including |
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claims to exemption from the payment of land- |
the words “it shall not” down |
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revenue, & c. |
to and including the words “is |
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concerned.” Section 14. |
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3 of 1863 |
An Act for bringing under the Regulations and |
Section 3. |
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Acts of the Presidency of Bombay the |
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territories of Sattara, certain villages and |
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lapsed States in the Collectorate of Shola-poor, |
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& c. |
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7 of 1863 |
An Act for the summary settlement of claims |
Section 2, clause 4. |
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to exemption from the payment of Government |
Section 28, from and including |
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land-revenue, & c. |
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the words “it shall not” down |
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to and including the words “the |
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said Act.” |
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Section 29. |
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1 of 1865 |
An Act to provide for the survey, demarcation, |
The proviso to section 14. |
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assessment, and administration of lands held |
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under Government in the districts belonging to |
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the Presidency of Bombay, & c. |
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2 of 1866 |
An Act to divest Courts of Revenue of |
So much as has not been |
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jurisdiction in certain cases, & c. |
repealed. |
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14 of 1806 |
An Act to bring the Pergunnas of Edulabad and |
Section 2. |
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Wurrungaom under the general Regulations |
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and Acts of the Presidency of Bombay. |
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2 of 1871 |
An Act for imposing duties on the non- |
Section 17, from and including |
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agricultural classes, & c. |
the words “and no suit” to the |
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end. |
8
BOMBAY REGULATIONS.
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Number and year |
Title or abbreviated title. |
Extent of repeal. |
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16 of 1827 ... |
A Regulation defining the duties of the |
Section 6. |
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Section 11, clause 5. |
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Collector, and his powers, & c. |
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Section 14, clause 4. |
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Section 27, clause 3. |
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17 of 1827 |
A Regulation for the territories subordinate to |
Section 9. |
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Bombay, prescribing Rules for the assessment |
Section 16, clause 5. |
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and realisation of the land-revenue, & c. |
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29 of 1827 |
A Regulation for bringing under the operation |
So much of section 6 as is not |
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of the Regulations the Bombay territories in |
repealed. |
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the Dekkhan and Khandesh. |
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5 of 1830 |
A Regulation providing for the appointment of |
Section 1, clause 6, from the |
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a Revenue Commissioner, & c. |
words “But if any act” to the |
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end. |
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7 of 1830 |
A Regulation for bringing under the operation |
So much of section 2 as makes |
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of the Regulations the Territories comprised. in |
section 6 of Regulation 29 of |
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the Southern Mahratta, Country, & c. |
1827 applicable to the |
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Territories comprised in the |
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Southern Mahratta Country. |
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1[THE SECOND SCHEDULE.
The District of Ahmedabad.
The District of Kaira, exclusive of the Panch Mahals.
The District of Broach.
The District of Surat, exclusive of the lapsed State of Mandvi, as described in the schedule annexed to Act 10 of 1848.
The District of Tanna.
The District of Colaba, exclusive of the lapsed State of Colaba mentioned in Act 8 of 1853.
The District of Ratnagiri.
The District of Kanara.]
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