THE BOMBAY SHILOTRI RIGHTS (KOLABA) ABOLITION ACT, 1955

BOMBAY ACT  NO. XLVII OF 1955

[2nd December 1955]

WHEREAS it is expedient to abolish the right to levy shilbtri ma enjoyed by shilotridars in the district of Kolaba in the State of Bombay and to provide for, other consequential and incidental matters hereinafter appearing; It is hereby enacted in the Sixth Year of the Republic of India as follows, namely :-

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may called be the Bombay Shilotri Rights (Kolaba) Abolition Act, 1955.

(2) It extends to the district of Kolaba in 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 in this behalf.

NOTIFICATION

G. N., F. D., No. 6682/49/11 dt. 12th Dec. 1955

B. G. Pt. IV-B, p. 2018

In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Shilotri Rights (Kolaba) Abolition Act, 1955, (Born. XLVII of 1955) the Government of Bombay is pleased to appoint 1st Feb. 1956 as the date on which the said Act shall come into force.

SECTION 02: DEFINITIONS

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

(1) “appointed date” means the date on which this Act comes into force;

(2) “Code” mean the Bombay Land Revenue Code, 1879,

(3) “Mamlatdar” includes a Mahalkari,

(4) “prescribed” means prescribed by rules made under this’

Act;

(5) “shilotridar means the holder of a shilotri right;

(6) “shilotri maund” means a fixed quantity of rice or p commonly known as “Shilotri man” in the district of Kolaba leviable by a shilotridar as an incident of shilotri right from every bigha or acre of land embanked or reclaimed from the sea commonly known as ‘shilotri land’ or ‘khar’ in the district of Kolaba

1. For Statement of Objects and Reasons see Bombay G G., 1955 Part V page 24

(7) “shilotri right” means a customary right to levy shilotri maund,

(8) the other words and expressions used but not defined in this Act shall have the meanings assigne4 to them in the Code.

SECTION 03: ABOLITION OF SHILOTRI RIGHTS

(1) Notwithstanding any custom or usage or anything contained in any grant, sanad or decree or order of a court or any other instrument, with effect from and on the appointed date -

(a) all shilotri rights with all their incidents shall be deemed to have been abolished, and

(b) the, right of a shilotridar to levy or collect a shilotri maund shall be deemed to have been extinguished.

(2) Nothing in sub-section (1) shall in any way affect the liability -of any person to pay to the shilotridar the shilotri maund in respect of any land for the year ending on the 31st day of July 1955 r for any previous year.

SECTION 04: COMMUTED VALUE OF SHILOTRI MAUND TO BE PAID TO SHILOTRIDAR AS COMPENSATION

(1) Every person, who immed before the appointed date, held any land subject to the shilotri right of a shilotridar, shall be liable to pay to the shilotridar by way of compensation the commuted value of the shilotri maund.

(2) The amount of such commuted value shall be equal to three times the average of the value of the shilotri maund collected by or due to the shilotridar during the three years immediately preceding ‘the appointed date. Such amount shall be determined and paid in the manner provided in sub-sections (4) and (5).

(3) The shilotridar shall make an application in the prescribed form to the Mamlatdar within six months from the appointed date for determining the commuted value of the shilotri maund.

(4) On receipt of such application, the Mamlatdar shall issue notice in the prescribed manner to the person liable to pay such commuted value and to the shilotridar and after holding a formal inquiry under Chapter XII of the Code shall determine the amount of the commuted value of the shilotri maund and record his decision accordingly.

(5) If the amount of commuted value determined under sub section (4) is not paid to the shilotridar within the prescribed period, it shall be recoverable as an arrear of land revenue. The amount so recovered shall be paid to the shilotridar.

SECTION 05: APPEAL AGAINST THE DECISION OF THE MAMLATDAR

(1) If any person is aggrieved by the decision of the Mamlatdar under sub section (4) of section 4, such person, may appeal to the Collector within a period of sixty days from the date of such decision.

(2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Code shall apply to the appeal to the Collector under this Act, as if the Collector were the immediate superior of the Mamlatdar.

SECTION 06: FINALITY OF DECISION OF MAMLATDAR AND COLLECTOR

The decision of the Mamlatdar under sub-section (4) of section 4 subject to an appeal to the Collector and the decision of the Collector on the appeal shall be final and shall not be questioned in any suit or proceeding in any court.

SECTION 07: INQUIRIES OR PROCEEDINGS TO BE JUDICIAL PROCEEDINGS

All inquiries and proceedings before the Mamlatdar and the Collector under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

SECTION 08: RULES

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

THE BOMBAY SHILOTRI RIGHTS (KOLABA) ABOLITION RULES, 1955

G. N., R.D., NO. 6682/49-II, DATED 9TH FEBRUARY, 1956

(B.G., PT. IV-B, P. 180)

In exercise of the powers conferred by Section 8 of the Bombay Shilotri Rights (Kolaba) Abolition Act, 1955 (Bombay XLVII of 1955), the Government of Bombay hereby makes the following Rules, namely :-

RULE 01: SHORT TITLE

These Rules may be called the Bombay Shilotri Rights (Kolaba) Abolition Rules, 1955.

RULE 02: DEFINITIONS

In these Rules, -

(a) Act” means the Bombay Shilotri Rights (Kolaba) Abolition Act, 1955;

(b) “Form” means a form appended to these Rules; (c) “section” means a section of the Act.

RULE 03: FORM OF APPLICATION. - The application to be made by the shilotridar sub-section (3) of Section 4 shall be in Form ‘A’.

SECTION 04: MANNER OF ISSUING NOTICES

The notice to be issued by the Mamlatdar under sub-section (4) of Section 4 shall be served in the manner provided in Section 191 of the Bombay Land Revenue Code, 1879

SECTION 05: PERIOD WITHIN WHICH COMMUTED VALUE SHALL BE PAID TO THE SHILOTRIDAR. The commuted value determined under sub-section (4) of Section 4 shall be paid to the shilotridar -

(a) within a period of twelve months from the date of the decision of the Mamlatdar, and

(b) in the case of an appeal under sub-section (1) of Section 5, within a period of twelve months from the date of the decision of the Collector on the appeal.