The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950

Preamble. Preamble An Act to abolish Paragana and Kulkarni Watans in the State of Bombay. WHEREAS—

1. (1) the services appertaining to the office of hereditary District (Paragana) officers [except in cases referred to in clauses
2. (2) and (2A) below] and to the office of certain hereditary village accountants (Kulkarnis) have ceased to be performed ;
3. (2) the services appertaining to the Deshpande watan of Nimbayat mahal in Malegaon Taluka of the Nasik District in respect of which commutation settlement has not yet been effected, are no longer required ; (2A) the services appertaining to the Deshmukh watan of the Borpada Village in the Navapur Taluka of the West Khandesh District are no longer required;
4. (3) the services appertaining to the remaining hereditary village accountants' (Kulkarnis') watans also are no longer required to be performed ; AND WHEREAS it is expedient in the interest of the administration of the State to abolish the Paragana and Kulkarni watans and to make provisions for the performance of functions of some of those offices ; It is hereby enacted as follows :—

1. (1) This Act may be called the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.
2. (2) It extends to the State of Bombay.

[Content not provided in snippet.

Holder of watan land to be occupant

1. (1) A watan land resumed under the provisions of this Act shall 1[subject to the provisions of section 4A,] be regranted to the holder of the watan to which it appertained, on payment of the occupancy price equal to twelve times of the amount of the full assessment of such land within 2[five years] from the date of the coming into force of this Act and the holder shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder; all the provisions of the Code and rules relating to unalienated land shall, subject to the provisions of this Act, apply to the said land : Provided that in respect of the watan land which has not been assigned towards the emoluments of the officiator, occupancy price equal to six times of the amount of the full assessment of such land shall be paid by the holder of the land for its regrant : Provided further that if the holder fails to pay the occupancy price within the period of 2[five years] as provided in this section, he shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily ejected in accordance with the provisions of the Code. 3
2. (2) On or after the commencement of the Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (hereinafter, in this section, referred to as “the commencement date”), the occupancy of the land regranted under sub-section
3. (1) may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other authority shall be necessary for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant on new and impartiable tenure (Occupant Class II) in accordance with the provisions of the Code : Provided that, any such occupancy held on new and impartiable tenure (Occupant Class II) may, after the commencement date, be converted into old tenure (Occupant Class I) by the occupant, by making payment of fifty per cent. of the amount of the current market value of such land to the Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code : Provided further that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority, on payment of the appropriate amount as Nazarana, been transferred for non-agricultural use, such transfer of occupancy shall be deemed to have been made under the first proviso and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the date of such transfer : Provided also that, if on the commencement date, any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent. of the current market value of such land as Nazarana, been transferred for non-agricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent. of the current market value of such land for non-agricultural use as Nazarana, and an amount equal to fifty per cent., of such Nazarana as a fine, and on such payment, the occupant shall hold the land as an Occupant Class I, in accordance with the provisions of the Code.
4. (3) Nothing in 1[sub-sections
5. (1) and (2)] shall apply to any land—
   • (a) the commutation settlement in respect of which provides expressly that the land appertaining to the watan shall be alienable without the sanction of the State Government; or
   • (b) which has been validly alienated with the sanction of the State Government under section 5 of the Watan Act. Explanation. — For the purposes of this section the expression “holder” shall include—
     • (i) all persons who on the appointed day are the watandars of the same watan to which the land appertained, and
     • (ii) in the case of a watan the commutation settlement in respect of which permits the transfer of the land appertaining thereto, a person in whom the ownership of such land for the time being vests. Provided also that, on or before the commencement of the Maharashtra Paragana and Kulkarni Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra Merged Territories Miscellaneous Alienations Abolition, the Maharashtra Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021, if any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of an amount equal to fifty per cent. of the current market value of such land, been transferred for non-agricultural use, or utilised for non-agricultural use, and division of such land or plot has been or is being regularised under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 (hereinafter referred to as “the Gunthewari Developments Act”), then such transfer may be regularised on payment of an amount equal to twenty five per cent. of the current market value of such land in addition to any amount payable under the Gunthewari Development Act for regularization of gunthewari development; and on such payment, the occupant shall hold the land or plot as an occupant Class-I in accordance with the provisions of the Code. Explanation.—For the purposes of this sub-section, the term “market value of such land” means the value of such land specified in the Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force, in this regard for the relevant year, and where such Annual Statement of Rates is not prepared or available, it means the value of such land as determined by the Assistant Director of the Town Planning Department of the concerned District.

For the removal of doubts, it is hereby declared that all public roads, lanes and paths, the bridges, ditches, dikes and fences, on or beside, the same, the bed of the sea and of harbours, creeks below high water mark, and of rivers, streams, nalas, lakes, wells and tanks and all canals and water courses, and all standing and flowing water, and all unbuilt village site lands, situate within the limits of a village or land which was held immediately before the coming into force of this Act, as a Kulkarni or Paragana watan shall, except in so far as any rights of any person other than the holder of the watan, may be established in or over the same and except as may otherwise be provided, by any law for the time being in force, vest in and shall be deemed to be, with all rights in or over the same or appertaining thereto, the property of the State Government and all rights held by the holder of the watan in such property shall be deemed to have been extinguished and it shall be lawful for the Collector, subject to the general or special orders of the State Government, to dispose them of as he deems fit, subject always to the rights of way and of other rights of the public or individuals other than the holder of the watan legally subsisting.

Any provision of law, usage or practice relating to the succession to any watan land whereby contrary to the personal law governing the parties the rule of primogeniture was followed and the female heirs were postponed in favour of male heirs, shall, on and from the appointed day, be void and cease to be in force.

Notwithstanding anything contained in any law, usage, settlement, grant, sanad or order,—

1. (1) a sum equal to seven times the amount of the cash allowance due to a holder on the appointed day of a watan in respect of which a commutation settlement has been effected, shall be paid to such holder;
2. (2) in the case of any land or village, in respect of which the watan property consists of the whole or a part of the land revenue of such land or village, a sum equal to ten times the amount of 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 therefrom 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, came into force. Explanation. — For the purposes of this section, the expression “holder” shall have the same meaning as is assigned to it in sub-section
3. (4) of section 15 of the Watan Act.

In the case of a person who has been registered as a representative watandar 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 watandar performing such service in the year immediately preceding the year in which this Act comes into force shall be paid to such representative watandar as compensation and if such watandar 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 watandar 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, 1953, came into force. Explanation. — For the purposes of this section, a deputy or substitute officiating for the representative watandar shall not be entitled to receive such sum.

If any watan land has been lawfully leased and such lease is subsisting on the appointed day, the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, shall apply to the said lease and the rights and liabilities of the holder of such land and his tenant or tenants shall, subject to the provisions of this Act, be governed by the provisions of the said Act. Explanation. — For the purposes of this section, the expression ‘land’ shall have the same meaning as is assigned to it in the Bombay Tenancy and Agricultural Lands Act, 1948.

1. (1) If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to or interest in property and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act, such person may apply to the Collector for compensation.
2. (2) An application under sub-section
3. (1) shall be made to the Collector in a prescribed form on or before the 30th day of April 1954 Provided that where any person is aggrieved by the provisions of section 4A as abolishing, extinguishing or modifying any of his rights to or interest in property, such application shall be made within twelve months from the date on which the Bombay Paragana and Kulkarni Watans (Abolition) (Amendment) Act, 1955, comes into force. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided for in sections 23
4. (1) and 24 of the Land Acquisition Act, 1894, subject to the following conditions, namely :—
   • (i) if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment, leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant;
   • (ii) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures, as the case may be. (2A)
   • (i) Where the officer making an award under sub-section
5. (2) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of—
   • (a) the Collector appointed under section 8 of the Code, if the amount of the award does not exceed twenty-five thousand rupees, or
   • (b) the Commissioner, if the amount of the award exceeds twenty-five thousand rupees but does not exceed one lakh of rupees, or
   • (c) the State Government, if the amount of the award exceeds one lakh of rupees.
     • (ii) Where the officer making an award under sub-section
6. (2) is a Collector under this Act and also a Collector appointed under section 8 of the Code, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of—
   • (a) the Commissioner, if the amount of the award does not exceed one lakh of rupees, or
   • (b) the State Government, if the amount of the award exceeds one lakh of rupees.
     • (iii) Every award under sub-section
7. (2) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.
8. (3) Nothing in this section shall entitle any person to compensation on the ground that any watan land which was wholly or partially exempt from the payment of land revenue has been under the provisions of this Act subjected to the payment of full assessment in accordance with the provisions of the Code.
9. (4) Any person aggrieved by the award of the Collector made under sub-section
10. (2) may appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939, within 60 days from the date of the award.
11. (5) In deciding appeals under sub-section
12. (4) the Bombay Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which the Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908.
13. (6) In computing the period for filing appeals the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the appeals made under this section.

Notwithstanding anything contained in the Court-fees Act, 1870, every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.

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

Where any award was made under sub-section

1. (2) of section 9 before the commencement of the Bombay Land Tenures Abolition (Amendment) Act, 1958 and no appeal was filed against such award under sub-section
2. (4) of section 9 then notwithstanding anything contained in section 11, the State Government may call for the record of the inquiry or proceedings relating to such award for the purpose of satisfying itself as to the legality, propriety or regularity of such inquiry or proceedings and if after giving the interested parties an opportunity to be heard, it is not satisfied as to the legality, propriety or regularity of such inquiry or proceedings, it may cancel the award and direct the Collector to make a fresh award and thereupon all the provisions of this Act relating to the making of an award, the finality of such award and the appeal against such award shall mutatis mutandis apply to such fresh award.

All inquiries and proceedings before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 103, 219 and 228 of the Indian Penal Code.

The State Government may, subject to the condition of previous publication, make rules for the purposes of carrying out the provisions of this Act. Such rules shall when finally made be published in the Official Gazette.

1. (1) The provisions of the enactments specified in Schedule I shall cease to apply to Paragana and Kulkarni watans.
2. (2) The provisions of the enactment specified in Schedule II shall be amended to the extent specified in column 4 of the said Schedule.
3. (3) Nothing in sub-sections
4. (1) and
5. (2) shall be deemed to affect—
   • (a) any obligation or liability already incurred before the coming into force of this Act ;
   • (b) any proceeding in respect of such obligation or liability ;
   • (c) anything done in the course of such proceeding in any Court on the aforesaid date, and any such proceeding may be continued, as if this Act had not been passed.

Year: 1852 No: XI Short title: The Bombay Rent-free Estates Act, 1852. Extent of cessation of application: The whole Act ceases to apply. Year: 1863 No: II Short title: The Exemptions from Land-revenue (No. 1) Act, 1863. Extent of cessation of application: Do. Year: 1863 No: VII Short title: The Exemptions from Land-revenue (No. 2) Act, 1863. Extent of cessation of application: Do. Year: 1874 No: III Short title: The Bombay Hereditary Offices Act, 1874. Extent of cessation of application: Do. Year: 1886 No: V Short title: The Bombay Hereditary Offices (Amendment) Act, 1886. Extent of cessation of application: Do.

Year: 1879 No: V Short title: The Bombay Land Revenue Code, 1879. Extent of amendment: Appointment of village accountant and stipendiary patel. (i) For section 16 the following shall be substituted, namely :-- "16. It shall be lawful for the State Government to appoint a village accountant for a village or a group of villages. In villages where no hereditary patel exists, it shall be lawful for the State Government to appoint a stipendiary patel. The village accountant and the patel shall perform all the duties including the duties of village accountant or hereditary patel as hereinafter prescribed by this Act or any other law for the time being in force and shall hold their situations under the rules in force with regard to subordinate revenue officers. Nothing in this section shall be held to affect any subsisting rights of holders of alienated villages or others in respect of the appointment of patels and village accountants in any alienated or other villages."; (ii) In sections 58, 85 and 94A for the words "hereditary village accountant" or "hereditary accountant", wherever they occur, the words "village accountant" or "accountant", as the case may be, shall be substituted.