The Exemptions from Land-Revenue (No.2) Act, 1863

[Repeal.] Rep.

Power to authorize and guarantee continuance of land in certain districts to holders on terms and conditions agreed to Clause 1st.—When the holders of lands in any of the said districts (except as is excepted in clause 2 of this section), held either wholly or partially exempt from the payment of Government land-revenue, shall consent to the terms and conditions hereinafter described, in preference to being obliged to prove their title to the exemption enjoyed by them, it shall be lawful for the [State] Government to finally authorize and guarantee by sanad the continuance in perpetuity, of the said land to the said holders, their heirs and assigns, upon the said terms, and subject to the said conditions.

Clause 2nd.—The excepted cases to which the authority of adjustment and guarantee vested in the [State] Government by this provision shall not extend are as follows :— 1st—lands held under treaty : 2nd—lands granted or held as saranjam, or on a similar political tenure :

4, 5.

Settlement under section 6, as regards right to levy annual quit-rent, binding on rightful owner as well as land-holder Any settlement made by the [Provincial Government] with the holder of land wholly or partially exempt from the payment of land revenue in accordance with section 6 and the rules annexed to the said section, shall, so far as the right of [the Provincial Government] to levy the annual quit-rent mentioned in the said section is concerned, not only be binding upon such holder, his heirs and assigns, but also on the rightful owner, his heirs and assigns, whosoever such rightful owner may be :

Saving of rights and remedies of rightful owner, his heirs and assigns, against holder, his heirs or assigns. Provided always that the said rightful owner, his heirs and assigns, shall not by this Act, or anything therein contained, be deprived of any rights or remedies to which he or they would be entitled against the said holder, his heirs or assigns, for the recovery of the said lands or any part thereof, if this Act had not been passed ; and in the event of the rightful owner, his heirs or assigns, recovering the said lands or any part thereof, from the said holder, his heirs or assigns, any declaration, guarantee or settlement made by the [Provincial Government] under or in accordance with sections 2 and 6, and the rules annexed to the said section 6, with respect to the said lands, while the same were in the possession of the said holder, shall accrue to the benefit of the said rightful owner, his heirs and assigns.

Whenever a holder of alienated lands, on being called upon, under the rule to be hereinafter enacted, to declare if he consents to the quit-rent described in section 6, shall plead that his title has already been formally adjudicated, then on proof of such adjudication, and provided the case do not fall under case 4 of clause 2, section 2, the said holder shall be exempt both from liability to the said quit-rent and from any further inquiry into title :

Proviso. Provided, however, that, if the said holder, for the purpose of enlarging the scope of the former adjudication, or for other reason, shall apply to have his holding brought under the settlement described in the second and following sections he shall be permitted to do so : and the lands shall thenceforth be held with all the privileges conferred by the said settlement and subject to all its conditions as if no previous adjudication had been made.

Clause 1st.—In order to ascertain whether a holder of lands, wholly or partially exempt from payment of land-revenue, desires to accept the settlement described in sections 6 and 7, it shall be lawful for the Collector of each district, or for any other officer duly authorized by him, to serve or to cause to be served a notice in writing upon the holder of such lands, calling upon him to state whether he is willing to accept and abide by the settlement aforesaid, or whether he demands formal inquiry into his title.

Clause 2nd.—The notice shall be in the prevailing language of the district in which the lands are situate, and shall explain the nature of the alternatives offered [on the part of the Provincial Government].

Clause 3rd.—It shall be served upon the person holding, or registered in the Government land-registers as holding, the lands wholly or partially exempt from the land-revenue as aforesaid, if he be resident within the limits of the [district].

Clause 4th.—If such persons as last aforesaid be not resident within the [district], the notice shall be served upon any person acting for the aforesaid in respect of the lands.

Clause 5th.—When more persons than one hold jointly lands wholly or partially exempt from land-revenue, service of notice upon any one of them shall in every case be sufficient.

Clause 6th.—If the holder be known to reside in another [district] of the Bombay Presidency, and if there be no person acting for him in the [district] in which the lands are situate, the notice shall be sent to the Collector of such other [district] and served or caused to be served by him.

Clause 7th.—If there be not any person acting for the holder, and if he cannot be found, the notice shall be served upon some one of the actual occupants of the land (if any), and a copy of such notice shall be posted in the office of the Collector and of the chief revenue-officer of the taluka or other sub-division of the [district], and in the chauri or most public place in the village where the lands are situate.

Clause 8th.—If within six months after the service of such notice in manner aforesaid the person holding the lands whooly or partially exempt from revenue as aforesaid, or his legally constituted agent, shall not given an answer in writing to such notice, stating clearly in such answer that he declines the settlement, and demands an inquiry into the title to such exemption as aforesaid, he shall be deemed to have finally dispensed with such inquiry, and the lands shall be dealt with under sections 2 and 6 and the rules annexed to said section 6.

If no holder or owner discovered, land to be fully assessed. If no holder or owner can be discovered, the land shall be fully assessed to the public revenue, and shall continue to be so assessed unless some person shall, within the period allowed by the law of limitations, appear and prove his title to it.

Clause 9th.—In the event of any dispute arising as to the sufficiency of the service of any notice or notices under this section, or as to its maning, or as to its having been given within the time required by this Act, the matter so in dispute shall be inquired into by the officer appointed under section 12, and the decision of such officer as aforesaid shall be final, and not open to appeal or question in any Civil Court or elsewhere.

Except that in any case in which the notice has been served by the officer making an inquiry under this section, an appeal against his decision as to the sufficiency of such notice shall lie within thirty days to the Commissioner whose decision shall be final.

Clause 1st.—In the event of the holder upon whom notice has been served as last aforesaid claiming inquiry, such inquiry shall be conducted under the rules and according to the principles hereinafter enacted.

Clause 2nd.—The establishment of a title to exemption shall not preclude the levy of full assessment on all land ascertained to be held in excess of that to which a title is established, and such excess shall forthwith be fully assessed.

Clause 3rd.—In the event, upon such inquiry as aforesaid, of there being a failure by the holder to establish a title to exemption from payment of land-revenue, the lands to which he has failed to establish such title shall forthwith become and be liable to payment of annual revenue at the full assessment.

Clause 1st.—When the holders of lands, held wholly or partially exempt from the payment of land-revenue, demand a trial and adjudication of their title under the provisions of section 10, they shall be required to deposit forthwith in the Collector's treasury, or the treasury of the taluka in which the lands are situated, a sum equal to one-eighth part of the annual assessment of the land, ascertainable according to rules 1 and 2 of section 6 and thereafter to continue to pay annually an eighth of the said assessment as it becomes due from the date of such demand for trial until the date of such adjudication, and to furnish satisfactory security for the payment of the remaining seven-eighths thereof, in case of their failure to prove the title to exemption asserted by them, and, in default of their making such deposits and furnishing such satisfactory security, the full assessment of the land, which is to be the subject of inquiry, shall be levied, pending the adjudication.

Clause 2nd.—If the inquiry result in the establishment of the asserted title the holder, or, in the event of his decease, his heir who succeeds to possession of the said land, shall be entitled to a refund of all deposits made and assessment levied under the provisions of this section pending such inquiry as aforesaid, and to interest thereon at the rate of five per cent. per annum.

Clause 3rd.—If the result of the inquiry be that the holder fail to prove his title, the full amount of land-revenue assessable on the lands from the date of the holder's demand for trial shall be levied from the said holder and his security, or from either of them, any sums deposited or levied pending adjudication as aforesaid being taken in account of the same.

When an inquiry is claimed under the provisions of section 10, such inquiry shall be held before the Collector or, when specially authorized by [the Provincial Government] on that behalf, by any Assistant or Deputy Collector.

When any claimant shall demand an inquiry as aforesaid, he shall, within two months of notifying his intention to that effect, furnish the deposit and security required in such cases by section 11, and forward to the office of the Collector of the district a written statement, setting forth in detail the grounds on which the claim to exemption is founded, accompanied by copies of the original documents (if any) which he wishes to produce in support of the claim, and a list of such other evidence, whether written or oral, as he may desire to have exhibited; and no further evidence beyond such documents and witnesses as may be specifically named in the said statement or its accompaniments shall be admitted in support of such claim without reason assigned to the satisfaction of the trying authority.

Clause 2nd.—If any claimant shall fail, within the time specified, to comply with the requirements of clause I of this section, except from unavoidable causes, to be proved to the satisfaction of the Collector of the district, his claim shall be finally disallowed, and his land shall be fully assessed forthwith.

Clause 3rd.—On receipt of the said statement and accompaniments, the Collector shall file the papers for trial before himself or forward them for trial to any officer duly authorized under the section last preceding to hold such inquiry; and the trying officer shall, with reasonable regard to the public convenience and that of all persons interested, fix a time at which the trial shall be

The burden of proof of title to hold land exempt from land-revenue shall rest on the claimant demanding an inquiry under this Act.

Any claimant demanding an inquiry into his title shall be allowed the benefit of any evidence to be found in the records of the present or any former Government, in custody of such public officer as is authorized by the [Provincial Government] to have charge of the same, and such public officer shall be bound to search for and to produce the same on application made to him.

The trying authority shall not be bound to admit any sanad as evidence in support of a claim to exemption, which shall not bear an endorsement as having been registered by a Collector before the expiration of one year from the date on which section 42 of Regulation XVII of the Bombay Code of 1827 came into force, i.e., the first September of that year.

Clause 1st.—For the conduct of the inquiry, the rules of the Code of Civil Procedure in regard to the service of summons on, and the attendance and examination of, witnesses, whether called by the claimant or on the part of [the Crown], shall be followed, except in so far as may otherwise be specified in this Act;

Office of Collector a Civil Court. Clause 2nd.—For the purpose of enforcing the attendance of witnesses and the production of documents, and for the examination of witnesses on oath, the office of the Collector holding the inquiry shall be a Civil Court.

A prescriptive title admitted under the preceding section shall continue to be recognized only in conformity with the conditions of the tenure under which the exemption has been hitherto enjoyed.

A prescriptive title under section 21 shall not be admitted in respect to any land held for service, or on a tenure implying an obligation of service, whether such service be performed or not.

Clause 1st.—A sanad or other writing under section 20, of prescriptive enjoyment under a recognized tenure as described in section 21, shall not be considered a sufficient title, in so far as the exemption has been wholly or partially annulled by an order issued by the present or former Government, or by any public officer possessed under a former Government of full and sufficient authority to grant deeds exempting lands from the payment of public revenue, or so far as the land has been assessed under an order, not subsequently recalled, issued by any of the said public officers and such assessment has been realized.

Deed or enjoyment under recognized tenure when not sufficient title. Clause 2nd.—Nor shall such a deed or writing, or such enjoyment under a recognized tenure, be considered as a sufficient title, if the land has been subsequently assessed for the period of twelve

1. (12) years like other land of the same description enjoying no exemption, and the assessment has been realized but without prejudice to any suit filed in support of the title to exemption before the completion of the said period. Title when affected only to extent of assessment made and realized. Clause 3rd.—And, where the assessment so levied for twelve
2. (12) years has not been to the extent of that imposed on land of the same description enjoying no exemption, such assessment shall affect the title only to the extent of the assessment so made and realized.

Adoptions unrecognized by the present or former Government or by one of their public officers possessed of competent authority shall not be admitted in any cases in which a claim to exemption is founded on a grant limiting succession to lineal descent.

The provisions of sections 20 to 25 shall be of general application in all cases in which inquiry may have to be made, and shall not be confined to cases in which inquiry may have been demanded under section 10

Rep.

Appeal from proceedings of officers making settlement When any settlement of a claim or claims to total or partial exemption from land-revenue has been made by the [Provincial Government] or any duly authorized officer of [the Crown] under this Act, any appeal from or against the proceedings, orders or acts of the officers of [the Crown], engaged in making any such settlement shall be made to the [Provincial Government] or to such officer or officers as may be appointed by the [Provincial Government] to take cognizance of such appeals, and shall not be cognizable by any other authority.

Rep.

Quit-rents how levied All quit-rents payable under this Act shall be levied in the manner in which ordinary land-revenue is recoverable, and the claim of [the Provincial Government] to such quit-rents shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgment, decree, execution or attachment, or otherwise, howsoever against the lands or the holder or holders thereof.

Whenever it shall be necessary either to measure or to assess any lands in order to give effect to any of the provisions of this Act, it shall be lawful for the Collector or officer duly authorized by him to enter upon the same at any time and from time to time for the purpose of making an assessment or assessments thereof.

1. (A) [Number and gender]. Rep. Bom. III of 1886.
2. (B) The word "lands" shall, for the purposes of this Act, be understood to include villages, portions of villages, shares of the revenues thereof, and landed estate of every description :
3. (C) "political tenure" is tenure created from, or dependent upon, political considerations, the existence of which shall be determined by [the Provincial Government]:
4. (D) The phrase "lands held for service" shall include lands specially granted, or held or continued, nominally for the performance of service, whether that service be actually performed or not, and lands granted, held or continued, partly in consideration of past service and partly for the performance of prospective service, but shall not include lands granted in consideration of past service only; and it is to be understood [that the Provincial Government] shall be competent to determine any question that may arise in giving effect to this Act as to whether or not any lands are lands held for service :
5. (E) "formal adjudication" shall be held to mean final adjudication under any regulation of the Bombay Government ; or final decision by [the Provincial Government] or some authorized officer thereof :
6. (F) for the purposes of this Act, the word "holder" shall be taken to signify the person who, by himself, his tenants, sub-tenants or agents, is in possession of the land held wholly or partially exempt from land-revenue assessment, and shall include a mortgagee in possession as aforesaid. The committee, manager or trustee of any temple, who may be in possession of such lands, shall be considered the holder thereof :
7. (G) the word " transfer " shall, for the purposes of this Act, be taken to mean the permanent alienation of land by assignment, gift, sale, deed or other instrument, or otherwise howsoever, and also mortgage of the same under which possession shall have passed or is to pass to the mortgagee.

(See Section 20, Clause 2nd.) UNDER THE EMPERORS OF DELHI. Subadárs of Provinces. IN THE TERRITORIES THAT WERE SUBJECT TO THE PESHWA The Peshwa. All officers holding the mutálakí seal. All sarsubahdárs in their districts. All superior local functionaries acting directly under the Peshwa, without the intervention of any superior authority, if the deeds bear date prior to 1803. The Gaikwár considered as a sarsubahdár in the Peshwa's territories to the north of the Maihi, during the period that he held them in farm. IN THE TERRITORIES THAT WERE SUBJECT TO THE GAIKWAR. The Gaikwar. All officers holding the mutálakí seal. IN THE TERRITORIES THAT WERE SUBJECT TO SCINDIA. Scindia. His officers holding the mutálakí seal. IN THE TERRITORIES THAT WERE SUBJECT TO HOLKAR. Holkar. His officers holding the mutálakí seal. IN THE TERRITORIES THAT WERE SUBJECT TO THE NIZAM. The Nizam. IN THE DISTRICTS THAT WERE SUBJECT TO THEM. The Nawáb of Surat. The Nawáb of Broach.