BOMBAY CITY (INAMI AND SPECIAL TENURES) ABOLITION RULES, 1972

Transcription

1 BOMBAY CITY (INAMI AND SPECIAL TENURES) ABOLITION RULES, 1972 R & F.D. No. CIA. 1169/ L, ( ) - In exercise of the powers conferred by sub-section (1) of Section 19 read with Sections 5 & 6, sub-sections (4), (5), and (10) of Section 8, sub-section (1) and (2) of Section 13, sub-sections (1) and (2) of Section 14 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969 (Mah. XLIV of 1969), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having previously published as required by sub-section (1) of Section 19 of the said Act, namely :- 1. Short title :- These rules may be called the Bombay City (Inami and Special Tenures) Abolition Rules, Definitions :- In these rules, unless the context requires otherwise :- (a) "Act" means the Bombay City (Inami and Special Tenures) Abolition and Maharashtra land Revenue Code (Amendment) Act, 1969; (b) "Code" means the Maharashtra Land Revenue Code, 1966; (c) (d) (e) "Section" means a section of the Act; "Form" means a form appended to these rules; Words and expressions used, in these rules, but not defined, shall have the meanings respectively assigned to them as in the Act or the Cod, as the case may be. 3. Form of return under Section 5 :- The return to be submitted under Section 5, shall be in Form I. 4. Manner of inquiry on failure to submit return under Section 5 :- (1) Where any superior holder required to furnish a return under Section 5 fails to furnish such return within a period of six months from the appointed day, the Collector shall issue a notice, calling upon such holder to show cause within fifteen days from the date of receipt of the notice, why the penalty provided by Section 6, should not be imposed upon him. (2) If the Collector, on considering the reply or other cause shown, is satisfied that the holder had reasonable cause for not submitting the return within such time, he may direct the holder to submit the pkachare@gmail.com Page 1

2 return within a further period specified in such direction, and on failure to submit the return as so directed, impose the penalty, provided in Section Maintenance of statistics of sales etc :- (1) The Collector shall cause to be compiled and maintained a register of all registered sales and leases, and of awards under the Land Acquisition Act, 1894, of lands in each revenue division in Forms II, III and IV, respectively. Such register shall contain in addition to the sale price, the estimated sale price and the valuation determined for awarding compensation in respect of unbuilt and built up plots determined in the manner provided in sub-rule (2). (2) In the case of sale of plot, with superstructure, or lease of a plot with or without superstructure, the sale price or estimated price of the plot as unbuilt plot shall be determined in accordance with the following principles, that is to say :- (a) (b) (c) (d) (e) in the case of a sale or award in respect of a plot with superstructure, an amount equal to the difference between the amount of the sale price of, or the valuation estimate for awarding compensation for, the plot with the superstructure and the amount of the price of the superstructure only on the date of the sale or the relevant date of valuation referred to in the awarded shall be the sale price of the plot as unbuilt plot; in the case of a lease of an open plot for a premium with reservation of annual ground rent, an amount equal to the premium and sixteen times the annual ground rent reserved, shall be the estimated price of the plot as unbuilt plot; in the case of a lease of an open plot without payment of premium, an amount equal to sixteen times the annual ground rent reserved, shall be the estimated price of the plot as unbuilt plot; in the case of a lease of a plot with superstructure without payment of premium, where annual rack rent is reserved, the difference between the amount of 16 times the annual rent so reserved and the value of the superstructure on the date of the lease, shall be the estimated price of the plot as an unbuilt plot; in the case of transfer of a leasehold plot with superstructure, an amount equal to the difference between the amount of the sale price in respect of the transfer and the amount of the market value of the superstructure on the date of the transfer plus 16 times the annual ground rent shall be the market value; pkachare@gmail.com Page 2

3 Provided that, where the difference between the actual sale price or the valuation of any built up property determined in awards, declared under the Land Acquisition Act, 1894, and the value of the superstructure or the difference as worked out under sub-clause (d) or sub-clause (e) is zero or in the negative, the Collector shall not take into consideration such sales, leases or awards for the purpose of determining the sale price of the plot. (3) The information compiled in the register shall be certified and signed by an officer not below the rank of an Assistant Town Planner, a senior surveyor or a senior clerk. 6. Manner of estimating market value and determining standard rate of assessment :- (1) On the basis of the information relating to sale price, estimated sale price, and compensation in respect of unbuilt plots, compiled in the register referred to in Rule 5, the Collector shall work out the average market value of the land in a revenue division in the following manner, that is to say- (a) (b) X = Y = The amount of sale price, estimated price or compensation in respect of sales, leases and acquisitions during the period of 15 years, shall be added together and the total amount found out and the total area in square metres of all the lands so sold, leased or arrived at by dividing such total amount in rupees by the total area in square metres. The amounts of sale price, estimated price or compensation in respect of sales, leases and acquisitions during each of the 15 years shall separately be calculated. The average value or acquired during each of the 15 years, shall separately be calculated. The average value of land per square metre in respect of each such year shall then be arrived at, by dividing such total amount in rupees in respect of any year by the total area in square metres so calculated for that year. On the basis of average value for each of the years, the average value of land per square metre in the revenue division, shall be arrived at as under- Total amount arrived at by adding the yearly average values in respect of all the years to which the instances of sale, lease and acquisition pertain. Number of years for which the information regarding sale, lease and acquisition has been compiled. X/Y = Average value of land per square metre. pkachare@gmail.com Page 3

4 Out of the two averages referred to in clauses (a) and (b), that one which is lower, shall be average market value of the land. (2) On the basis of the average market value of land per square metre as worked out under sub-rule (1), the Collector shall fix the standard rate of assessment in accordance with the provisions of sub-section (2) of Section 8. After the Collector as arrived at such standard rate or rates of assessment, he shall submit it a report to the State Government for approval of the rates, so fixed. (3) The approval of the State Government shall be notified in the Official Gazette. 7. Manner of rounding off assessment of individual plots :- The actual assessment of individual plots under sub-section (5) of Section 8 at an amount equal to the product of the standard rate of assessment in rupees per square metre and the area of the plot in square metres, shall be rounded off to the nearest rupee in the following manner namely :- (i) (ii) if the assessment is less than a rupee, it shall be rounded off to one rupee; if the assessment is more than a rupee it shall be rounded off to the nearest rupee disregarding the amount of less than fifty paise, and regarding fifty paise and above as one rupee. 8. Other manner of publishing standard rates of assessment :- Copies of notification fixing the standard rates fixed for different revenue division together with a notice informing all concerned about the date or dates on which the said rates are to be brought into force, shall be affixed on the Notice Board of the Office of the Collector. The rates and the notice shall also be given publicity through the local English and other newspapers in Marathi or any regional language circulating in the locality. Such notice shall be published in the newspapers at least sixty days before the date fixed for bringing these rates into force. 9. Form and manner of making appeal to State Government :- (1) Every appeal under sub-section (9) of Section 8, shall be made within a period of ninety days from the date of receipt of notice of the decision of the Collector regarding the assessment or market value of land in the form of a petition addressed to the State Government. The provisions of Section 4,5,21 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal. pkachare@gmail.com Page 4

5 (2) Every such appeal shall specify the full name and address of the applicant, and shall clearly set out in brief the grounds on which the appeal is made. (3) Every such appeal shall either be presented to the State Government in person or be forwarded it by registered post. (4) Every such appeal shall be accompanied by the original or a certified copy of the decision of the Collector against which the appeal is made. (5) On receipt of the appeal petition, the State Government may, either admit the appeal, or after calling for the record and giving the appellant an opportunity to be heard, reject it. (6) If the appeal is admitted a date shall be fixed for hearing, and intimation thereof shall be given to the appellant or his authorised agent. (2) After hearing the appears, the State Government may, for reasons to be recorded in writing, confirm, modify, or rescind the decision appealed against, or may direct such further investigation to be made of such additional evidence, to be taken, as it may think necessary; or may itself take such additional evidence, or may remand the case for disposal with such directions as it thinks fit. 10. Form and period within which application for compensation is to be made under Section 13: - One year from the commencement of these rules shall be the period within which an application for compensation under Section 11, or as the case may be, Section 12, may be made to the Collector in Form V. 11. Manner of inquiry to be held under sub-section (2) of Sec. 13 :- (1) After receipt of an application for compensation, the Collector shall cause a notice to be served upon the holder or holders of the inami or special tenure land, and other persons interested (including persons who have an encumbrance lawfully subsisting on the land), to appear personally or by his or their guardian or by his or their authorised agent before him on the date and at the time and place mentioned in such notice (such date not being earlier than fifteen days after the date of receipt of the notice.) (2) On the day fixed for hearing or on any other day or days to which the enquiry may be adjourned, the Collector shall, after hearing the applicant and other persons interested, who are present and any pkachare@gmail.com Page 5

6 evidence adduced before him, determine the amount of compensation. 12. Form and period within which application for compensation is to be made under Section 14 :- The form of an application for compensation under Section 14, shall be in Form VI, and one year from the commencement of these rules shall be the period within which such application may be made. 13. Manner of inquiry to be held under sub-section (2) of Sec. 14 :- (1) After receipt of an application under Rule 12, the Collector shall cause a notice to be served upon the holder or holders of the inami or special tenure land, and other persons interested (including persons who have an encumbrance lawfully subsisting on the land), to appear personally or by his or their guardian or by his or their authorised agent before him on the date and at the time and place mentioned in the notice (such date not being earlier than fifteen days after the date of receipt of the notice). (2) On the day fixed for hearing, or of any other day or days to which the inquiry may be adjourned, the Collector shall, after hearing the applicant and other persons interested who are present and any evidence adduced before him, determine the amount of compensation. 14. Certificate to be obtained by public trusts for purposes of sub-section (2) of Section 4 :- (1) Where any inami or special tenure land (being the property of a public trusts), is eligible for the concession in the matter of payment of land revenue under sub-section (2) of Section 4, the trustees of such land shall make an application to the Collector in Form VII within a period of six months from the commencement of these rules or such further reasonable time which the Collector may allow for obtaining a certificate evidencing eligibility to such concession in For VIII. (2) On receipt of an application, the Collector shall make such inquiry as he deems fit, and if he comes to the conclusion that the trust satisfies the requirement of sub-section (2) of Section 4, he shall issue a certificate in Form VIII. (3) Where a certificate is issued under sub-rule (2) in respect of any property of a public trust the trustees thereof shall produce the same before the Collector, and get the same renewed every year on or before the 31 st July, thereof. pkachare@gmail.com Page 6

7 FORM I (See Rule 3) Form of return to be submitted under Section 5 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, by a superior holder. 1. Full name and address of the person submitting the return 2. If the person submitting the return is not primarily liable to pay the land revenue in respect of the inami land or special tenure land, the capacity in which he is submitting the return, and the authority under which he is acting (See proviso to Section 5 of the Act). 3. Details of the inami land, special tenure land, or fazindari land in respect of which the return is submitted. (i) (ii) Name of the revenue division. Revenue Survey No. Cadastral Survey No. New Cadastral Survey No. (iii) (iv) (v) (a) (b) (i) (ii) (iii) (iv) (c) (d) Area in Sq. Metres. Assessment now paid to inamdar. Description of the land- Inami Special Tenures Pension and tax tenure Quit and ground rent tenure. Foras tenure Sanadi tenure Redeemed land. Fazindari land. pkachare@gmail.com Page 7

8 4. Estimate in regard to the value of the land in the revenue division on the 2 nd December, 1957 Rs. per sq. metre. 5. The purpose for which the land is used, whether residential, commercial, industrial or other purpose. I.resident of.do hereby solemnly declare that the above statement contains to the best of my knowledge and belief correct and complete information in respect of all the land held by * Place : Date : Signature of applicant (Thumb impression) This is to witness that the return in subscribed by Shri..in our presence on the day of at and that he has signed it in our presence. Witness 1:- Full name and address Signature of the witness. Witness 2 :- Full name and address Signature of the witness. Place : Date : To, The Collector of Bombay. Note :- (1) This return is to be furnished in duplicate and may be presented in person or sent by registered post. (2) If this return is not furnished to the Collector within the prescribed time of six months with effect from 1 st August 1971, the assessee is liable to penalty of Rs. 50 under Section 6 of the Act. pkachare@gmail.com Page 8

9 FORM II [See Rule 5 (1)] Register of sale transactions of plots in City of Bombay during the period of fifteen years immediately preceding 2 nd December, 1957 Revenue Division Year Date of transaction Name and father's name of vendor Name and father's name of vendor Plot No. or Survey No. Details of sales transaction Revenue assessed or ground rent paid Area sold Sale price Rs. Squire metres Rs. and Square yards In the case of land with Superstructure break up of price on the date of sale Use of Land Value of land Value of superstructure Use at the time of sale User of land on 2 nd December, 1957 Remarks Signature of Certifying Officer Rs. Rs. pkachare@gmail.com Page 9

10 FORM III [See Rule 5(1)] Register of awards declared in respect of lands in City of Bombay under the Land Acquisition Act, 1894 during 15 years immediately preceding 2 nd December, 1957 Revenue Division Details of the land acquired Year Date of issue of notification under Section 4 of the Land Acquisition Act Plot No. or Survey No. Revenue Assessment or ground rent paid Area acquired Square metres and Square yards Value of the land (excluding the value of superstructure, if any) declared under the award Use of the land at the time of acquisition Purpose for which the land was acquired Remarks Signature of the Certifying Officer pkachare@gmail.com Page 10

11 FORM IV [See Rule 5 (1)] Register of lease transactions of lands in City of Bombay during the period of fifteen years immediately preceding 2 nd December, Revenue Division Year Date of lease Name and father's name of lessor Name and father's name of lessee Plot No. or Survey No. Details of lease transaction Revenue assessed or ground rent paid Area leased out Rent Rs. Squire metres Rs. and Square yards In the case of land with Superstructure break up of rent into Use of land Rent of Land Superstruc ture Estimated sale price User at the time of lease User as on 2 nd Dec Remarks Signature of Certifying Officer pkachare@gmail.com Page 11

12 FORM V (See Rule 10) Application for compensation under Section 13 by an Inamdar entitled to compensation under Section 11 or 12 of the Bombay City (Inami and Special Tenure) Abolition and Maharashtra Land Revenue Code (Amendment) Act, A. Full name and address of the applicant. B. Details of inami/special tenure including redeemed land, the abolition of which has entitled the applicant to compensation under the Act. (a) (b) (i) (ii) (iii) Names of the revenue division in the City of Bombay in which the land is situated. Details of lands comprising the inami or special tenure including redeemed land. Survey No. Area in square metres. Assessment in Rs. If the applicant is an Inamdar, the extent of his share in the inami/special tenure including redeemed land. C. Compensation claimed - (i) (ii) for the extinguishment of the right of the inamdar to recover land revenue in respect of inami land under the 2 nd Inam grant. Name of the revenue division Survey Number. for the setting aside the redemption of assessment or rent. Details of special tenure land, Name of the revenue division Survey Number Area in square metres Assessment redeemed Rs. Compensation claimed Rs. (iii) (iv) Total amount of compensation claimed. Extracts from the register or rent rolls and other relevant, record in respect of such land(s) are enclosed. pkachare@gmail.com Page 12

13 I also enclose the following documents evidencing my right in question :- Here give a list of documents- I Shri do hereby declare that what is stated above is true to the best of my information and belief. Place: Date: To Signature of the applicant. The Collector of Bombay FORM VI (See Rule 12) Application for compensation under Section 14 by a person entitled to compensation under Section 14 A. Full name and address of the applicant. B. Details of Inami/Special tenure/including redeemed land the abolition of which has entitled the applicant to compensation under the Bombay City (Inami and Special Tenure) Abolition and Maharashtra Land Revenue Code (Amendment) Act, (a) (b) (i) (ii) (iii) Name of revenue division in the city in which the land is situated. Details of land comprising the Inami/Special tenure/including redeemed land- Survey No. Area in Square Metres Assessment in Rs. The interest he had in the Inami/Special tenure/redeemed land. C. Compensation claimed for extinguishment or modification land. D. Basis on which the compensation is claimed. E. List of documents in respect of lands evidencing the claim. pkachare@gmail.com Page 13

14 Place: Date: I/Shri..do hereby declare that what is stated above is true to the best of my information and belief. To The Collector of Bombay. (Signature of applicant) (Thumb impression) Note: - Extracts from the register of rent rolls and other relevant record in respect of such land (s) and other documents evidencing the claim should be enclosed. FORM VII [See Rule 14 (1)] To, The Collector of Bombay Act. Subject - Grant of Certificate for exemption from the provisions of the Sir, We, the trustees of *.. apply for a certificate for exemption from the provisions of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, as provided for in Rule 14 of the Bombay City (Inami and Special Tenures) Abolition Rules, The trust is registered/deemed to be registered under the Bombay Public Trusts Act, 1950, bearing registered No..of The trust is established for the purpose of.and holds land (s) specified in the schedule hereto, and the income derived from the said land (s) is appropriated and will be appropriated hereafter for objects for which the trust is established. pkachare@gmail.com Page 14

15 We append- (i) (ii) (iii) a certified copy of the certificate of registration under Bombay Public Trust Act, a certified copy of the extract from the register of rolls in respect of each of the lands mentioned in the schedule. the latest balance sheet audited under Section 33 of the Bombay Public Trusts Act, 1950 and duly certified to be a copy of accounts so audited by the person referred to in sub-section (2) of that section. Date : Yours faithfully, Before two witnesses: Witness No. 1 1 Witness No. 2 1 Signature of Trustee (s) SCHEDULE Name of the Revenue Division Details of Inami Special tenure Redeemed land Survey No. Area Assessment Square metres Rs. FORM VIII [See Rule 14 (2)] Certificate of exemption under Section 4(2) of the Bombay City (Inami and Special Tenures) Abolition and the Maharashtra Land Revenue Code (Amendment) Act, pkachare@gmail.com Page 15

16 Whereas, the trustees in charge of.trust, Bombay, have applied under Rule, 14 of the Bombay City (Inami and Special Tenures) Abolition Rules 1972 claiming exemption from the provisions of the Bombay City (Inami and Special Tenures) Abolition and the Maharashtra Land Revenue Code (Amendment) Act, 1969 in respect of the lands held by it and specified in the Schedule hereto (being Inami or Special tenure lands, as described in column 2 of that Schedule); And whereas, the Collector of Bombay is satisfied that the lands continue to be part of such trust, and all the income from the said lands is appropriated for the objects of the trust for which it is established; Now, therefore, the Collector of Bombay hereby certifies under Rule 14 of the said rules that the lands specified in the said Schedule.- (a) (b) shall be liable to the State Government for the payment of land revenue of 1.(being the amount equal to the amount of cess, rent or assessment which is payable in respect of the land immediately before the appointed day) to the superior holder, or as the case may be, to the State Government under the terms of the tenure; If no cess, rent or assessment is payable in respect of the land immediately before the appointed day, shall be held free from payment of land revenue. SCHEDULE Name of the Revenue Division Details of Inami Special tenure Redeemed land Survey No. Area Assessme nt Square metres and sq. yards. Rs. p. No. Date Collector of Bombay Seal pkachare@gmail.com Page 16

17 1. Here specify the amount. Page 17