Maharastra Act XIX of 2008

In pursuance of clause (3).of article 348 of the Constitution of India, the following translation in English 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, 2008 (Mah. XIX of 2008), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra, A. M. SHINDEKAR, Secretary to Government,
Law and Judiciary Department.
MAHARASHTRA ACT NO. XIX OF 2008.

(First published, after having received the assent of the Governor, in the "Maharashtra Government Gazette " on the 9th May 2008.).

An Act further to amend the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, the Bombay Service Inams (Useful to Community) Abolition Act, 1953, the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, the Bombay Inferior Village Watans Abolition Act, 1958 and the Maharashtra Revenue Patels (Abolition of Office) Act, 1962.

WHEREAS it is expedient further to amend the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, the Bombay Service Inams of 1953. (Useful to Community) Abolition Act, 1953, the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, the Bombay Inferior Village Watans Abolition Act, 1958 and the Maharashtra Revenue Patels (Abolition of Office) Act, 1962, for the purposes hereinafter appearing; it is hereby enacted in the Fifty-ninth Year of the Republic of India as follows:--

Chapter I Preliminary.

1. Short title:- This Act may be called 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, 2008.

Chapter II
Amendment To The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

2. Amendment of Section 4 of Bom. LX of 1950:- In section 4 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, the first paragraph of sub-section (2) shall be re-numbered as clause (a) thereof, and after clause (a) as so re-numbered, but before the first proviso, the following clause shall be inserted, namely:--

" (b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:".

Chapter III

Amendment to the Bombay Service Inams (Useful to Community) Abolition Act, 1953.

3. Amendment of Section 5 of Bom. LXX of 1953:- In section 5 of the Bombay Service Inams (Useful to Community) Abolition Act 1953, the first Paragraph of sub-section (3) shall be re-numbered as clause (a) thereof, and after clause (a) as so re-numbered, but before the first proviso, the following clause shall be inserted, namely:--

" (b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:".

Chapter IV
Amendments to the Bombay Merged Territories Miscellaneous Alienations

Abolition Act, 1955.

4. Amendment of Section 6 of Bom XXII of 1955:- In section 6 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (hereinafter, in section 5 of this Act, referred to as " the said Act"), in the second proviso,-

(a) for the.words " Provided further that, on or after " the words, brackets and letter " Provided further that, (a) on or after "shall be substituted;

(6) the following shall be added at the end, namely:--

"; and (b) before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code;”

5. Amendment of Section 7 of Bom XXII of 1955:- In section 7 of the said Act, the first paragraph of sub-section (3) shall be re-numbered as clause (a) thereof, and after clause (a) as so re-numbered, but before the first proviso, the following clause shall be inserted, namely:--

" (b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:".

Chapter V

Amendment to the Bombay Inferior Village Watans Abolition Act, 1958.

6. Amendment of section 5 of Bom. 1 of 1959:- In section 5 of the Bombay Inferior Village Watans Abolition Act, 1958, the first paragraph of sub-section (3) shall be re- numbered as clause (a) thereof, and after clause (a) as so re-numbered, but before the first proviso, the following clause shall be inserted, namely:--

" (b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:".

Chapter VI
Amendment to the Maharashtra Revenue Patels (Abolition of Office) Act, 1962.

7. Amendment of Section 5 of Bom XXXV of 1962:- In section 5 of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962, the first paragraph of sub-section (3)

shall be re- numbered as clause (a) thereof, and after clause (a) as so re-numbered, but before the first proviso, the following clause shall be inserted, namely:--

" (b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code:".

Chapter VII Miscellaneous

8. Removal of doubts:- For the removal of doubts, it is declared that, the amendments made by sections 2 to 7 of this Act to the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, the Bombay Service Inams (Useful to Community) Abolition Act, 1953, the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, the Bombay Inferior Village Watans Abolition Act, 1958 and the Maharashtra Revenue Patels (Abolition of Office) Act, 1962, respectively, shall not be applicable for the transfer of occupancy in respect of the Mahar Watan lands and Devasthan lands.