The Bombay Revenue Jurisdiction Act, 1876

THE BOMBAY REVENUE JURISDICTION ACT, 1876

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THE BOMBAY REVENUE JURISDICTION ACT, 1876 _________ ARRANGEMENT OF SECTIONS ________ Preamble. Bar of certain suits against Revenue officers. Punishment or prosecution of Revenue officers not a bar to civil remedies. Suits not to be entertained unless plaintiff has exhausted right of appeal. Power of State Government to refer questions for decision of High Court. Power of Civil Judge to refer questions of jurisdiction to High Court.

THE BOMBAY REVENUE JURISDICTION ACT, 1876

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Section 1 — Short title.—This Act may be called “The Bombay Revenue Jurisdiction Act, 1876”: Commencement

Section 2 — Repeal of enactments.—Rep. by Repealing and Amending Act, 1891 (12 of 1891). 3. Interpretation-clause

THE BOMBAY REVENUE JURISDICTION ACT, 1876 ACT NO. 10 OF 1876 [28th March, 1876.] An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters relating to the Land-revenue, and for other purposes. Preamble:—WHEREAS in certain parts of the Presidency of Bombay, the jurisdiction of the Civil Courts in matters connected with the land-revenue is more extensive than it is in the rest of the said Presidency; And whereas it is expedient that the jurisdiction of all the Civil Courts in the said Presidency should be limited in manner hereinafter appearing; And whereas it is also expedient to amend the Bombay Civil Courts Act, section thirty-two, and to revive certain provisions of the thirteenth section of Regulation 17 of 1827 of the Bombay Code, which 1 was repealed by the Land Improvement Act, 1871 (26 of 1871), ***; It is hereby enacted as follows:— 1. Short title.—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 of irregularity, mistake or any other ground except fraud, sales for arrears of land-revenue, shall come into force on such day as the Governor General in Council directs in that behalf by notification in the Gazette of India. The rest of this Act shall come into force on the passing thereof: 2 3 Extent.—And it shall extend to all [the [State of Maharashtra]], but not so as to affect— 4 (a) any suit regarding the assessment of revenue on land situate in [the City of Bombay], or the collection of such revenue; 5 (b) any of the provisions of Bombay Acts 5 of 1862 and 6 of 1862, or of [Act 21 of 1881] or of Act 23 of 1871; 6 * * * * * 2. Interpretation-clause.—In this Act, unless there be something repugnant in the subject or context,— Land.—“Land” includes the sites of villages, towns and cities: it also includes trees, growing crops and grass, fruit upon, and juice in, trees, rights-of-way, ferries, fisheries, and all other benefits to arise out of land, and things attached to the earth, or permanently fastened to things attached to the earth: Land-Revenue.—“Land-revenue” means all sums and payments, in money or in kind, received or 7 8 claimable by or on behalf [of the [Government]] from any person on account of any land 9 10 held [by [State] Government] under the provisions of any law for the time being in force: * Subject to verification and confirmation by the Department.

Revenue-officer.—“Revenue officer” means any officer employed in or about the business of the

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Section 4 — Bar of certain suits

Revenue-officer.—“Revenue officer” means any officer employed in or about the business of the land-revenue, or of the surveys, assessment, accounts or records connected therewith. Bar of certain suits.—Subject to the exceptions hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters:— 1 2 (a) [claims against the [Government] relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act No. 3 of 1874, or any other law for the time 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 by exclusion 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 same 3 4 subject for the time being in force passed [by the [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— 3 4 to the amount or incidence of any assessment of land-revenue authorized [by the [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 notification determining the period of settlement; (c) claims connected with or arising out of any proceedings for the realization of land-revenue or 3 4 the rendering of assistance [by the [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 for arrears of land-revenue; 2 (d) claims against [Government]— (1) to be entered in the revenue survey or settlement records or village papers as liable for the land-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 Bombay Act 4 of 1868, or any other law for the time being in force; 1 2 (f) [claims against [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 3 4 to set aside any cess or rate authorized [by the [State] Government] under the provisions of any law for the time being in force, or 5 2 respecting, the occupation of waste or vacant land belonging [to the [Government]]; 1. Subs. by the Adaptation of Indian Laws Order in Council, for “claims against the Crown”. Subs. by the Adaptation of Indian Laws Order in Council, for “by the Provincial Government”. Subs. by the Adaptation of Indian Laws Order in Council for “to the Crown”.

(g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for the

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Section 5 — Saving of certain suits

(g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for the time being in force, or to set aside any order passed by a competent officer under any such law with regard to boundary-marks: Proviso.—Provided that if any person claim to hold land wholly or partially exempt from payment of land-revenue under— (h) any enactment for the time being in force expressly creating an exemption not before existing in favour of an individual or of any class of persons, or expressly confirming such an exemption on the ground of its being shown in a public record, or of its having existed for a specified term of years, or 1 2 (i) an instrument or sanad given by or by order of the [ [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 such exemption, or (k) a judgment by a Court of law, or an adjudication duly passed by a competent officer under Bombay Regulation 17 of 1827, chapter X, or under Act No. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in the land-register. A claims exemption alleging that his land is shown in the maps to be exempt.

(b) suits between private parties for the purpose of establishing any private right, although it may

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Section 6 — Bar of certain suits against Revenue officers

Section 7 — Punishment or prosecution of Revenue officers not a bar to civil remedies

Section 8 — [Officers to answer in suits against them for acts done by order of superior authority

Section 10 — [Power to Local Government to call for record.]—Rep. by, s. 2, ibid. 11. Suits not to be entertained unless plaintiff has exhausted right of appeal

Section 12 — Power of [State] Government to refer questions for the decision of the High Court

(b) suits between private parties for the purpose of establishing any private right, although it may be 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 dues claimed or recovered from the latter; and nothing in section four, clause (g) shall be held to prevent the Civil Courts from entertaining 1 2 suits, other than suits [against the [Government]], for possession of any land being a whole survey number or a recognized share of a survey number. 3 [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 2 [against the [Government]]— (a) relating to any property appertaining to the office of any hereditary officer appointed or recognized under Bombay Act No. Bar of certain suits against Revenue officers.—Revenue officers shall not be liable to be sued for damages in any Civil Court for any act bona fide done, or ordered to be done, by them as such in pursuance of the provisions of any law for the time being in force. If any Revenue officer absconds or does not attend when called on by his official superior, and if the Collector of the District proceeds against him or his sureties for public money, papers or property according to the provisions of any law for the time being in force, such Collector shall not be liable to pay damages or costs in any suit brought against him by such officer or sureties, although it appears that a part only, or no part whatever, of the sum demanded was due from the officer so absconding or failing to attend, or that he was not in possession of the papers or property demanded of him. 8. [Officers to answer in suits against them for acts done by order of superior authority.]—Rep. by Bombay Revenue Jurisdiction Act, 1880 (Bom. Suits not to be entertained unless plaintiff has exhausted right of appeal.—No Civil Court 1 2 shall entertain any suit [against the [Government]] on account of any act or omission of any Revenue-officer unless the plaintiff first proves that, previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force, as within the period of limitation allowed for bringing such suit, it was possible to present.

The said High Court shall fix an early day for the hearing of the question referred, and cause notice of

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Section 13 — Power of Civil Judge to refer questions of jurisdiction to High Court

Section 14 — Composition of Bench

Section 15 — [Amendment of section 32 of Bombay Civil Courts Act]

Section 16 — Privileges of [Government] *** in suits in which it is concerned

The said High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the Court-house. The parties to the case may appear and be heard in the High Court in person or by their advocates or pleaders. The High Court, when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the Court, to the Government by which the reference was made, and 1 subject to any appeal which may be presented to [the Supreme Court], the case shall be disposed of con- formably to such decision. If the High Court considers that any such statement is imperfectly framed, the High Court may return it for amendment. The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case directs. Power of Civil Judge to refer questions of jurisdiction to High Court.—If in any suit instituted, or in any appeal presented, in a Civil Court, the Judge doubts whether he is precluded by this Act from taking cognizance of the suit or appeal, he may refer the matter to the High Court.

17. [Revival of Bombay Regulation 17 of 1827, section 13.]—Rep. by Bombay Revenue Jurisdiction

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Section 17 — [Revival of Bombay Regulation 17 of 1827, section 13

17. [Revival of Bombay Regulation 17 of 1827, section 13.]—Rep. by Bombay Revenue Jurisdiction Act, 1880 (Bom. Act 15 of 1880) but the repeal does not operate in any scheduled district unless and until the Bombay Land-revenue Code (Bom. 5 of 1879) has been extended to such District. [Operation of same Regulation in sites of villages and towns.]—Rep. by Bombay Revenue Jurisdiction Act, 1880 (Bom. 2. [Recovery of certain advances made by Local Government.]—Rep. by ibid.

[THE SECOND SCHEDULE.

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The District of Kaira, exclusive of the PanchMahals. The District of Surat, exclusive of the lapsed State of Mandvi, as described in the schedule annexed to 2 Act 10 of 1848. 2 The District of Colaba, exclusive of the lapsed State of Colaba mentioned in Act 8 of 1853. The District of Kanara.] __________ 1. Act 10 of 1848 and 8 of 1853 were repealed by the repealing and Amending Act, 1891 (12 of 1891).