BOMBAY LAND TENURES ABOLITION (RECOVERY OF RECORDS) ACT, 1953

                                                                                                     (50 of 1953)

                                                            7th October, 1953

An Act to provide for taking over records maintained by the holders of lands or villages held on tenures which have been abolished by certain enactments in the State of Bombay.

Whereas it is expedient to provide for taking over records maintained by the holders of lands or villages held on tenures which have been abolished by certain enactments in the State of Bombay; it is hereby enacted as follows:

SECTION 01: SHORT TITLE

This Act may be called the Bombay Land Tenures Abolition (Recovery of records) Act, 1953.

SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context

(1) "holder" means—

(a) a taluqdar

(b) a watandar,

(c) a vazifdar,

(d) an estate-holder,

(e) a raulgirasia,

(f) an ankadedar,

[(g) a kaul-holder,

(h) an inamdar, or

(i) a matadar,]

as defined or referred to in the respective Land Tenure Abolition Acts and includes heirs, assigns and legal representatives and also a person who for the time being is in possession of any lands records on behalf of such holder ;

(2) "Land Tenure Abolition Act" means an Act specified in the Schedule to this Act;

(3) "land records" means records maintained by a holder in respect the land or village held by him at any time before the abolition of the tenure on which such land or village was held ;

(4) "prescribed" means prescribed by rules made under this Act.

SECTION 03: Holder to deliver lands records to State Government

It shall be the duty of every holder to deliver, in the prescribed manner, [within two months from such date as the State Government may, by notification in the Official Gazette, specify in this behalf] all land records in his possession to the Collector or to such officer as may be appointed by the State Government in this behalf:

Provided that in the case of any holder, the Collector or the Officer as the case may be, may, for sufficient reasons, extend such period by a further not exceeding two months.

SECTION 04: POWER TO MAKE SEARCHES

If the Collector or the officer appointed under section 3 has reasons to believe that any holder is not likely to deliver the land records as required by section 3 or is likely to destroy them or tamper with them, he may, for the purpose of recovering such records, issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of chapter VII of the Code of Criminal Procedure 1898, (V of 1898).

SECTION 05: OFFENCE AND PENALTY

If a holder fails to deliver land records in accordance with the provisions of section 3, he shall on conviction be punished with fine which may extend to two hundred rupees. In the case of a continuing failure to deliver land records, the holder shall be punished with an additional fine which may extend to twenty-five rupees for every day during which such failure continues after conviction for the first such failure.

SECTION 06: RULES

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