(ABOLITION) ACT

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1953 · : XLIV]

1 · . Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent subjects) Order, 1956.

2 · . Amended by Mah. 24 of 2012

1 · Short title, extent and commencement . — (1) This Act may be called 2 [the Maharashtra Kauli and Katuban Tenures (Abolition) Act].

2 · Definitions . — In this Act, unless there is anything repugnant in the subject or context,—

3 · Resumption of kauls.— With effect from the date on which this Act comes into force,—

1 · For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, P. 154.

2 · This short title was amended as "the Maharashtra Kauli and Katuban tenure (Abolition) Act'', by Mah. 24 of 2012, S-2 Schedule, entry No. 50 , w.e.f. 1-5-1960 .

3 · Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

4 · Liability of kauli and katuban lands to land revenue.— Notwithstanding anything contained in a kaul, a katuban lease, a decree or order of a court or any other instrument or any law for the time being in force,—

5 · Waste lands, etc., to vest in State Government . — (a) All waste lands which under the terms of the kaul or katuban lease are the property of the kaul holder but have not been appropriated or brought under cultivation before the 4 th March, 1953 ;

6 · Forest rights.— The rights to trees reserved by the Code, the Indian Forest Act, 1927 (XVI of 1927), or any other law for the time being in force shall vest in the State Government and nothing in this Act shall affect the right of the State Government to apply the provisions of the Indian Forest Act, 1927 (XVI of 1927), as in force 1 [in the pre-Reorganisation State of Bombay, excluding the transferred territories] to forests in any kauli or katuban land.

2 · 7. Method of compensation on abolition of rights under the kauli or katuban land.— (1) If the kaul -holder or any person claiming through or under him is aggrieved by any of the provisions of this Act as extinguishing or modifying any of his right in any property and if such kaul-holder or

1 · These words were substituted for the words "in the State" by the Bombay Adaptations of Laws (State and Concurrent Subject) Order, 1956.

2 · Section 3 of Bom. 40 of 1956 reads as under : —

8 · No compensation on account of land being made liable to payment of full assessment. — Nothing in section 7 shall entitle any person to compensation on the ground that any kauli or katuban land held by him on payment of a fixed assessment or rent either in cash or in kind which is lower in value than the full assessment payable in respect of such land in accordance with the provisions of the Code has been, under the provisions of this Act, made subject to the payment of such full assessment.

9 · 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 denominations and shall be in such forms as may be prescribed.

10 · Appeal.— (1) Any person aggrieved by the award of the Collector may appeal to the Tribunal.

11 · Limitation. — Every appeal under this Act to the 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 (IX of 1908), shall apply to the filing of such appeal.

12 · Court fee. — Notwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870) , every appeal made under this Act to the Tribunal shall bear a Court fee stamp of such value as may be prescribed.

13 · Finality of award of Collector and decision of Tribunal.— The award made by the Collector subject to an appeal to the Tribunal and the decision of the Tribunal on appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

14 · Inquiries and proceedings to be judicial proceedings.— All inquiries and proceeding before the Collector and the 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) .

15 · 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.

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