Vidhi Codex

section 20

Amendment of Mah. XLI of 1966

Bombay City (Inami And Special Tenures) Abolition And Maharashtra Land Revenue Code) (Amendment) Act, 1969
Tax196924 sections
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Statutory text
  1. (1) Subject to the provisions of this Act, the provisions of the Code specified in column
  2. (1) of the Second Schedule in their application to lands other than the lands to which this Act applies are hereby amended in the manner and to the extent specified in column
  3. (2) thereof.
  4. (2) For the removal of doubt it is hereby declared that nothing in the Second Schedule shall affect—
    • (i) the validity of assessment for land revenue fixed by the Collector before the appointed day under section 262 of the Code or saved under section 307 thereof in respect of any lands in the City during the period of guarantee given or settlement made in respect of such lands ; or
    • (ii) the liability of any superior holder or any person in possession (who has no right in limitation of the right of the State Government to assess) to the payment of land revenue fixed by the Collector under the Code during the period of guarantee given or settlement made, or of any superior holder or any person in possession, (who has a right in limitation of the right of the State Government to assess) in consequence of a specific limit having been established and preserved under any tenure entered in the register and rent roll maintained under section 305 of the Code, and not abolished by and under this Act, to pay any assessment, rent or cess leviable under the tenure. First Schedule. (See section 10). Amendment of Bom. LVII of In the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, after section 10E, the following shall be inserted, namely :— Increase in rent on account of levy of assessment. “10F.
  5. (1) Where a landlord of the premises on any inami land or a special tenure land is required to pay in respect of such land assessment in accordance with the provisions of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the landlord shall, notwithstanding anything contained in any law or in agreement or contract or in any decree or order of any court, be entitled to recover from the tenant or if there are more than one tenant, from all his tenants, a sum equal to fifty per cent. of the amount of assessment payable in respect of such land, and to make an increase in the rent of the premises as determined under sub-section (2).
  6. (2) The amount of increase in rent to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of assessment payable in respect of the inami or special tenure land.
  7. (3) Any increase under this section shall not be deemed to be an increase for the purposes of section 7.”. Second Schedule. (See section 20) Amendment of Mah. XLI of 1966 Provisions of the Code. (1) Extent of Amendment. (2) 1. In section 261,—
  8. (1) before clause (a), the following clause shall be inserted, namely:— “(1a) ‘City Tenures Abolition Act’ means the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969; ”
  9. (2) after clause (a), the following new clause shall be inserted, namely:— “(aa) ‘revenue division’ means such local area in the City of Bombay as the Collector may, subject to the orders of the State Government, by an order in the Official Gazette, constitute to be a revenue division for the purpose of determining the standard rate of assessment of lands therein;”
  10. (3) after clause (d), the following clause shall be added, namely:— “(e) words and expressions used but not defined in this Chapter shall have the meanings respectively assigned to them in the City Tenures Abolition Act.” Power of Collector to fix and to levy assessment for land revenue. 2. For section 262, the following shall be substituted, namely:— “262
  11. (1) It shall be the duty of the Collector to fix and to levy the assessment for land revenue subject to the provisions of sub-section
  12. (2) and sub-section (3).
  13. (2) Where there is no right on the part of a superior holder in limitation of the right of the State Government to assess, then, subject to the provisions of the City Tenures Abolition Act, the assessment shall be fixed in accordance with this Chapter.
  14. (3) Where there is a right on the part of a superior holder in limitation of the right of the State Government to assess in consequence of a specific limit established and preserved, and not abolished under the City Tenures Abolition Act, the assessment shall not exceed such specific limit.” 3. After section 262, the following new sections shall be inserted, namely :— Rate of assessment not to exceed percentage of market value. “262A. Except as provided in the City Tenures Abolition Act for the initial assessment of lands held on inami or special tenure, the rate of assessment of such lands in each revenue division shall not exceed such percentage of the average of the market value thereof, when used as unbuilt plots, as the State Government may, from time to time, fix in this behalf on the basis of the bank rate of interest published by the Reserve Bank of India under section 49 of the Reserve Bank of India Act, 1934.

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