Bombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959

Bombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959

The Bombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959

Bombay Act No. 35 of 1959

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[Dated 29th May, 1959]

For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, p. 316.

An Act to abolish certain special land tenures prevailing in the Kaira, Broach, Surat and Thana Districts of the State of Bombay.

Whereas certain villages in the Kaira, Surat and Thana districts of the State of Bombay are liable to the payment of a fixed and immutable assessment known as Udhad Bandhijama or Bandhijama or Judi and there is a right on the part of the holders of land in the said villages in limitation of the right of the State Government to assess the land to land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879, in consequence of a specific limit to assessment having been established and preserved;

And Whereas certain lands in the Surat District are held on partial exemption from payment of land revenue on Udhad tenure;

And Whereas certain lands in the Broach district known as Ugadia lands are held on payment to the State Government of a fixed and immutable assessment and there is a right on the part of the holders of such land in limitation of the right of the State Government to assess such lands to land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879, in consequence of a specific limit to assessment having been established and preserved;

And Whereas it is expedient in the public interest to abolish the tenure on which the said villages and Udhad and Ugadia lands are held, to extinguish the aforesaid right of holders thereof and to provide for matters consequential thereto;

It is hereby enacted in the Tenth Year of the Republic of India as follows

1. Short title, extent and commencement.- (1) This Act may be called the Bombay Bandhijama, Udhad and Ugadia Tenures Abolition Act, 1959.

(2) It extends to the Kaira, Broach, Surat and Thana districts of the State of Bombay.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions.- In this Act, unless the context requires otherwise,-

(1) "Bandhijama tenure" means a tenure on which a Bandhijama village or land therein is held;

(2) "Bandhijama village" means a village specified in Schedule I which is liable to a fixed and immutable assessment, known as Udhad Bandhijama, Bandhijama, Udhad Jamabandhi or Judi, such assessment being not liable to be enhanced in accordance with the provisions of the Code;

(3) "Code" means the Bombay Land Revenue Code, 1879;

(4) "Udhad land" means a land specified in Schedule II;

(5) "Udhad tenure" means the tenure on which Udhad land is held partially exempt from payment of land revenue;

(6) "Ugadia land" means land held on Ugadia tenure;

(7) "Ugadia tenure" means a tenure prevailing in certain parts of the Broach district on which land is held on payment to the State Government of a fixed and immutable assessment, such assessment being not liable to be enhanced in accordance with the provisions of the Code, except on a breach of the conditions annexed to the tenure.

3. Abolition of Bandhijams and Ugadia tenures and consequential provisions.- Notwithstanding anything contained in any law, usage, custom, settlement, grant, sanad or order, or any decree or order of a Court, with effect on and from the date on which this Act comes into force -

(1) the Bandhijama tenure, the Udhad tenure and the Ugadia tenure shall be deemed to have been abolished;

(2) the right of any person to hold a Bandhijama village or land therein or to hold Udhad land on partial exemption from payment of land revenue or to hold Ugadia land on payment to the State Government of a fixed and immutable assessment shall be deemed to have been extinguished;

(3) the right on the part of any person in respect of Bandhijama village or of any land therein or in respect of any Ugadia land in limitation of the right of the State Government to assess such village or land or Ugadia land to land revenue in accordance with the provisions of the Code shall be deemed to have been extinguished; and

(4) all land in a Bandhijama village and all Udhad land and all Ugadia land shall be liable to the payment of land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder and the provisions of the said Code and the rules relating unalienated land shall apply to such land.

Schedule I

[See sub-section (2) of section 2]

Bandhijama Villages

Schedule II

[See sub-section (4) of section 2]

Udhad Land