The Bombay Revenue Jurisdiction Act, 1876

This Act may be called "The Bombay Revenue Jurisdiction Act, 1876". Commencement.--So much of section four as relates to claims to set aside, on the ground ofirregularity, mistake or any other ground except fraud, sales for arrears of land-revenue, shall come intoforce on such day as the Governor General in Council directs in that behalf by notification in the Gazetteof India. The rest of this Act shall come into force on the passing thereof: Extent.--And it shall extend to all 1[the 2[State of Maharashtra]], but not so as to affect-- (a) any suit regarding the assessment of revenue on land situate in 3[the City of Bombay], or the collection of such revenue; (b) any of the provisions of Bombay Acts 5 of 1862 and 6 of 1862, or of 4[Act 21 of 1881] or of Act 23 of 1871; 5* * * * *

Repeal of enactments. Rep. by Repealing and Amending Act, 1891 (12 of 1891).

In this Act, unless there be something repugnant in the subject orcontext,-- "Land" includes the sites of villages, towns and cities: it also includes trees, growing cropsand grass, fruit upon, and juice in, trees, rights-of-way, ferries, fisheries, and all other benefits to arise outof land, and things attached to the earth, or permanently fastened to things attached to the earth: "Land-revenue" means all sums and payments, in money or in kind, received or claimable by or on behalf 1[of the 2[Government]] from any person on account of any land held 3[by 4[ State] Government] under the provisions of any law for the time being in force:: "Revenue officer" means any officer employed in or about the business of theland-revenue, or of the surveys, assessment, accounts or records connected therewith.

Subject to the exceptions hereinafter appearing, no Civil Court shallexercise jurisdiction as to any of the following matters:-- (a) 1[claims against the 2[Government] relating to any property appertaining to the office of anyhereditary officer appointed or recognized under Bombay Act No. 3 of 1874, or any other law for thetime being in force, or of any other village-officer or servant, or claims to perform the duties of any such officer or servant, or in respect of any injury caused byexclusion from such office or service, or suits to set aside or avoid any order under the same Act or any other law relating to the samesubject for the time being in force passed 3[by the 4[State] Government] or any officer duly authorized in that behalf, or claims against Government relating to lands held under treaty, or to lands granted or held as saranjam, or on other political tenure, or to lands declared by Government or any officer duly authorized in that behalf to be held for service; (b) objections-- to the amount or incidence of any assessment of land-revenue authorized 3[by the 4[State]Government], or to the mode of assessment, or to the principle on which such assessment is fixed, or to the validity or effect of the notification of survey or settlement, or of any notificationdetermining the period of settlement; (c) claims connected with or arising out of any proceedings for the realization of land-revenue orthe rendering of assistance 3[by the 4[State] Government] or any officer duly authorized in that behalf to superior holders or occupants for the recovery of their dues from inferior holders or tenants; claims to set aside on account of irregularity, mistake, or any other ground except fraud, sales forarrears of land-revenue; (d) claims against 2[Government]-- (1) to be entered in the revenue survey or settlement records or village papers as liable for theland-revenue, or as superior holder, inferior holder, occupant or tenant, or (2) to have any entry made in any record of a revenue survey or settlement, or (3) to have any such entry either omitted or amended; (e) the distribution of land or allotment of laud-revenue on partition of any estate under BombayAct 4 of 1868, or any other law for the time being in force; (f) 1[claims against 2[Government]]-- to hold land wholly or partially free from payment of land-revenue, or to receive payments charged on or payable out of the land-revenue, or to set aside any cess or rate authorized 3[by the 4[State] Government] under the provisions ofany law for the time being in force, or respecting, the occupation of waste or vacant land belonging 5[to the 2[Government]]; (g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for thetime being in force, or to set aside any order passed by a competent officer under any such law withregard to boundary-marks: Proviso.--Provided that if any person claim to hold land wholly or partially exempt frompayment of land-revenue under-- (h) any enactment for the time being in force expressly creating an exemption not before existingin favour of an individual or of any class of persons, or expressly confirming such an exemption onthe ground of its being shown in a public record, or of its having existed for a specified term of years,or (i) an instrument or sanad given by or by order of the 3[ 4[State] Government] under Bombay Act No. 2 of 1863, section one, clause first, or Bombay Act No. 7 of 1863, section two, clause first, or (j) any other written grant by the British Government expressly creating or confirming suchexemption, or (k) a judgment by a Court of law, or an adjudication duly passed by a competent officer underBombay Regulation 17 of 1827, chapter X, or under Act No. 11 of 1852, which declares theparticular property in dispute to be exempt; such claim shall be cognizable in the Civil Courts. Illustrations to (h). (1) It is enacted that, in the event of the proprietary right in lands, the property of Government, beingtransferred to individuals, they shall be permitted to hold the lands for ever at the assessment at which they aretransferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption fromhigher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief inthe Civil Court against over-assessment. (2) It is enacted that when a specific limit to assessment has been established and preserved, the assessmentshall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessedat Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not beenmore highly assessed. There is no exemption not before existing created by enactment, and A's claim is notcognizable in a Civil Court. (3) It is enacted that land-revenue shall not be leviable from any land held and entered in the land-registers asexempt. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered inthe land-register. This is an exemption expressly confirmed by enactment on the ground of its being shown in apublic record, and A's claim is cognizable in a Civil Court. (4) It is enacted that the Collector shall confirm existing exemptions of all lands shown in certain maps to be exempt. A claims exemption alleging that his land is shown in the maps to be exempt. A's claim is cognizable in aCivil Court. (5) It is enacted that assessment shall be fixed with reference to certain considerations, and not with reference toothers. This is not an enactment creating an exemption in favour of any individual or class, and no objection to anassessment under such an enactment is cognizable in a Civil Court.

Nothing in section four shall be held to prevent the Civil Courts from entertaining the following suits:-- (a) suits 1[against the 2[Government]] to contest the amount claimed, or paid under protest, orrecovered, as land-revenue on the ground that such amount is in excess of the amount authorized inthat behalf 3[by the 4[State] Government], or that such amount had previous to such claim, payment, or recovery been satisfied, in whole or in part, or that the plaintiff, or the person whom he represents, is not the person liable for such amount; (b) suits between private parties for the purpose of establishing any private right, although it maybe affected by any entry in. any record of a revenue survey or settlement or in any village papers; (c) suits between superior holders or occupants and inferior holders or tenants regarding the duesclaimed or recovered from the latter; and nothing in section four, clause (g) shall be held to prevent the Civil Courts from entertaining suits, other than suits 1[against the 2[Government]], for possession of any land being a whole survey number or a recognized share of a survey number. 5[and nothing in section four shall be held to prevent the Civil Courts in the Districts mentioned in the second schedule hereto annexed from exercising such jurisdiction as, according to the terms of any law in force on the twenty-eighth day of March 1876, they could have exercised over claims 1[against the 2[Government]]-- (a) relating to any property appertaining to the office of any hereditary officer appointed orrecognized under Bombay Act No. 3 of 1874, or any other law for the time being in force, or ofany other village-officer or servant; (b) to hold land wholly or partially free from payment of land-revenue; (c) to receive payments charged on, or payable out of, the land-revenue.]