The Bombay Inferior Village Watans Abolition Rules, 1959

Published vide Notification No. G. N., R. D., No. PKA. 1058-IV/64020-L, dated 13th May, 1959 (B. G., Part 4B, p. 711)

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LEGISLATIVE HISTORY 6

· Amended by G. N., R. D., No. BIW. 1060-VII-L, dated 30th January, 1961 (M. G.. Part IV-B, p. 209)

· Amended by G. N., R. D., No. BIW. 1061-VIII-L, dated 28th February, 1962 (M. G., Part IV-B. p. 468)

· Amended by G. N., R. D., No. BIW. 1062-II-L, dated 3rd October, 1962 (M. G., Part IV-B, p. 2905)

· Amended by G. N., R. D., No. BIW. 1063/58091-L, dated 15th June, 1963 (M. G., Part IV-B, p. 724)

· Amended by G. N., R. D., No. BIW. 1063/169053-L, dated 31st March, 1964 (M. G., Part IV-B, p. 362)

· Amended by G. N., R. & F. D., No. BIW. 1065/101491-L-I, dated 26th August, 1965 (M. G., Part IV-B, p. 1596)

· Amended by G. N., R. & F. D., No. BIW. 1066/153714-L-I, dated 19th May, 1966 (M. G., Part IV-B, p. 830)

In exercise of the powers conferred by section 19 of the Bombay Inferior Village Watans Abolition Act, 1958 (Bombay I of 1959), the Government of Bombay hereby makes the following rules, namely :-

Short title.- These rules may be called the Bombay Inferior Village Watans Abolition Rules, 1959.
Definitions.- In these rules, unless the context requires otherwise,-

(1) "Act" means the Bombay Inferior Village Watans Abolition Act, 1958;

(2) "Form" means a form appended to these rules;

(3) "Mamlatdar" includes a Mahalkari and a Tahsildar;

(4) "Section" means a section of the Act.

Period within which occupancy price to be paid under sections 5(1) and 6.- The occupancy price payable under sub-section (1) of section 5 or under section 6 shall be paid within a period of [six years]from the appointed date :

[Provided that, where a watandar produces a certificate from the Collector to the effect that an application for compensation under section 11 made by him, disclosing a prima facie valid claim for compensation, is pending, then such occupancy price may be paid within one month from the date of the decision of the application, if no compensation is awarded, or the date on which compensation awarded is paid to the watandar.]

Manner of payment of occupancy price.- (1) The amount of occupancy price payable under sub-section (1) of section 5 or under section 6 shall be paid to the Mamlatdar within whose jurisdiction the watan land is situated.

(2) Where the amount of occupancy price does not exceed the amount of assessment, the amount, shall be paid in the instalment and in other cases in lumpsum or in three equal annual instalments.

Manner of determining cash value of average of customary fees or perquisites.- For the purposes of section 10, the cash value of customary fee or perquisites levied or leviable in kind by the watandar in a year shall be determined on the basis of prices of commodities covered by such fees or perquisites as recorded for the month of January of the year in the price register for the taluka or tahsil or in which the watandar's watan existed.
Period within which application under section 11 shall be made.- An application under sub-section (1) of section 11 shall be made within [eight years]from the appointed date and shall be in Form 'A'.
Court-fees.- Every appeal made to the [Maharashtra Revenue Tribunal]shall bear a court-fee stamp of fifty naye paise.

Form 'A'

(See rule 6)

Application for compensation under section 11 by a watandar or a person aggrieved by the provisions of the Act

A.	Full name and address of the applicant
B.	Details of watan the abolition of which has entitled the applicant to compensation under the Act.
	(a)	Name of the village in which the watan was situated.
	(b)	Details of lands comprising the watan -
		(i)	S. No.
		(ii)	Area
		(iii)	Assessment
		(iv)	Judi or other amounts which were being paid to Government.
	(c)	Details of cash allowance.
	(d)	Details of remuneration payable which was payable to the officiator.
	(e)	Details of customary fees or perquisites levied or which were leviable by the watandars.
	If the applicant was a watandar, the extent of his share in the watan.
	If the applicant was not a watandar, the interest he had in the watan.

Compensation claimed-

(i) for the extinguishment of the watandar's rights in watan land which was assigned towards the emoluments of the watandar.

Details of watan lands : Village S. No., Area, Assessment, Judi Amount of compensation claimed.

(ii) for the extinguishment of the right to annual cash allowance or other annual payment of money (not by the rent of resumed watan lands) made by the State Government to the watandar under the existing watan law.

The amount of the annual cash allowance or other payment; Sub-Treasury from which the amount was received;

Amount of compensation claimed;

(iii) for the extinguishment of the right to customary fees or perquisites; Details of customary fees or perquisites levied or which were leviable in each of the three years immediately preceding the appointed date.

In Cash -