Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Miscellaneous Alienations (in Hyderabad Enclaves) Abolition Act, 1965.
2. (2) It extends to the enclaves of the former Hyderabad State included in the former Province of Bombay by the India and Hyderabad (Exchange of Enclaves) Order, 1950, and now forming part of the State of Maharashtra.
3. (3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint in this behalf.

1. (1) In this Act, unless the context otherwise requires,-
   • (a) "alienation" means a grant or recognition as a grant,-
     • (I) of a village portion, of a village or land to any person, whether such grant be of soil with or without exemption from payment of land revenue or of assignment of the whole or a share of land revenue thereof ;
     • (II) of total or partial exemption from payment of land revenue to a person in respect of any land held by him ; or
     • (III) of a cash allowance to any person, by whatever name called, by the ruling authority for the time being, and includes-
     • (i) the right to receive the amount payable to a jagirdar or hissedar under the Hyderabad (Abolition of Jagirs) Regulation, 1358 (Hyd. No. LXIX of 1358 F), Fasli being a right continued under the India and Hyderabad (Exchange of Enclaves) Order, 1950 ;
     • (ii) the right to hold the office of the patwari of any village held hereditarily and the liability to render service appertaining to that office ;
   • (b) "alienated land" means land held by an alienee under an alienation ;
   • (c) "alienee" means the holder of an alienation and includes his co-sharer recognized as such for the purpose of such alienation ;
   • (d) "appointed day" means the date of commencement of this Act ;
   • (e) "assessment" means the full assessment levied or leviable on the land in accordance with the Code and the rules made thereunder ;
   • (f) "authorised holder" means a person in whom the ownership of any land (forming part of any community service inam or watan) which has been validly alienated permanently by an alienee or watandar, whether by sale, gift or otherwise, in accordance with the provisions of any law for the time being in force and the special terms and conditions, if any, regulating such inam or watan vests ;
   • (g) "Code" means the 1Bombay Land Revenue Code, 1879 (Bom. V of 1879) ;
   • (h) "Collector" includes an officer specially appointed by the State Government to exercise the powers and perform the functions of the Collector under this Act ;
     • (i) "community service inam" means an alienation held for the purpose of performing service useful to the village community and includes an alienation held for such service even where such service has ceased to be demanded ;
   • (j) "enclaves" means the Hyderabad enclaves specified in the Schedule hereto which were included in and formed part of the then Province of Bombay under the India and Hyderabad (Exchange of Enclaves) Order, 1950 ;
   • (k) "prescribed" means prescribed by rules made under this Act ;
   • (l) "unauthorised holder" means a person in possession of land (forming part of a community service inam or watan) without any right, or in possession under a lease, mortgage, sale, gift, or any other kind of alienation which is null and void under any law for the time being in force of the terms and conditions, if any, regulating such inam or watan ;
   • (m) "watan" means an alienation held as watan appertaining to the office of a village accountant (commonly known as patwari) or to the office of a District (Paragana) Officer (commonly known as Sardeshmukh, Deshmukh, Deshpande or Desai or known by any other similar name), such office being held hereditarily under the provisions of any law for the time being in force for the performance of any duty connected with the administration or collection of public revenue or with the village police or with the settlement of boundaries or other matters of civil administration together with the tenure of the watan property, if any, and the rights, privileges and liabilities attached thereto ; and includes a watan appertaining to the said offices in respect of which a commutation settlement has been effected.
   • (n) "watandar" means a person having hereditary interest in a watan ;
2. (2) The expressions "Hissedar" and "Jagirdar" shall have the same meanings as are respectively assigned to them under the Hyderabad (Abolition of Jagirs) Regulation, 1358 (Hyd. No. LXIX of 1358 F) Fasli.
3. (3) Words and expressions used but not defined in this Act, shall have the meaning assigned to them in the Code.
4. (4) Reference in this Act to the incidents of any alienation shall, notwithstanding the abolition of the alienation, be construed as references to incidents as they were in force immediately before the appointed day.

Nothing in this Act shall apply to devasthan alienations or alienations held by any charitable or religious institution. Explanation.- For the purposes of this section, an alienation held by a religious or charitable means an alienation granted, or recognised as a grant, by the ruling authority for the time for a religious or charitable institution and entered as such in the relevant revenue records maintained under any law for the time being in force.

1. (1) If any question arises,-
   • (i) whether any land is an alienation ;
   • (ii) whether any alienation is a grant of soil or assignment of land revenue or both or is a grant of total or partial exemption from payment of land revenue ;
   • (iii) whether any alienation is a watan, community service inam or any other kind of inam ;
   • (iv) whether any land held under an alienation is or is not alienable without the permission of the competent authority ;
   • (v) whether any watan land is assigned for remuneration of the officiator ;
   • (vi) whether a person is a watandar, or holder of a community service inam, a Jagirdar or Hissedar ;
   • (vii) whether any person holding land of a community service inam or watan is an authorised holder or an unauthorised holder, the Collector shall after giving the party affected an opportunity to be heard and after holding an inquiry decide the question.
2. (2) Any person aggrieved by such decision may, within ninety days from the date of such decision, file an appeal to the State Government.
3. (3) The decision of the Collector, subject to an appeal under sub-section (2), and the decision of the State Government in appeal under that sub-section, shall be final.