BOMBAY CITY (INAMI AND SPECIAL TENURES)

ABOLITION RULES, 1972

R & F.D. No. CIA. 1169/258191-L, (14-1-1972) - 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, 1972

2. 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) "Section" means a section of the Act;

(d) "Form" means a form appended to these rules;

(e) 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
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 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 6.

5. 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) 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;

(b) 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;

(c) 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;

(d) 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;

(e) 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;
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 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) 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.

(b) 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-

X= 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.
Y= Number of years for which the information regarding sale, lease
and acquisition has been compiled.
X/Y = Average value of land per square metre.
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 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) if the assessment is less than a rupee, it shall be rounded off to one
rupee;

(ii) 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.

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 (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

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 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 31st July, thereof.

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 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) Name of the revenue division.

(ii) Revenue Survey No.
Cadastral Survey No.

New Cadastral Survey No.

(iii) Area in Sq. Metres.

(iv) Assessment now paid to inamdar.

(v) Description of the land-

(a) Inami

(b) Special Tenures

(i) Pension and tax tenure

(ii) Quit and ground rent tenure.

(iii) Foras tenure

(iv) Sanadi tenure

(c) Redeemed land.

(d) Fazindari land.

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4. Estimate in regard to the value of the land in the revenue division on the
2nd 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 1st August 1971, the
assessee is liable to penalty of Rs. 50 under Section 6 of the Act.

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 FORM II
[See Rule 5 (1)]

Register of sale transactions of plots in City of Bombay during the

period of fifteen years immediately preceding 2nd December, 1957
Revenue Division

Year Date of Name and Name Details of sales transaction

transaction father's and
name of father's Plot Revenue Area sold Sale
vendor name of No. or assessed price
vendor Survey or
No. ground
rent paid
1 2 3 4 5 6 7 8

Rs. Squire
metres Rs.
and
Square
yards

In the case of land with Use of Land

Superstructure break up of
price on the date of sale

Value of Value of Use at the User of land on Remarks Signature

land superstructure time of sale 2nd December, of
1957 Certifying
Officer

9 10 11 12 13 14

Rs. Rs.

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 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 2nd
December, 1957
Revenue Division

Details of the land acquired

Year Date of issue of Plot No. or Revenue Area acquired
notification under Survey No. Assessment or
Section 4 of the Land ground rent
Acquisition Act paid

1 2 3 4 5

Square metres
and Square
yards

Value of the land Use of the Purpose for Remarks Signature of the
(excluding the value land at the which the Certifying
of superstructure, if time of land was Officer
any) declared under acquisition acquired
the award

6 7 8 9 10

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 FORM IV
[See Rule 5 (1)]

Register of lease transactions of lands in City of Bombay during the

period of fifteen years immediately preceding 2nd December, 1957.
Revenue Division

Year Date of Name and Name Details of lease transaction

lease father's and
name of father's Plot Revenue Area Rent
lessor name of No. or assessed leased out
lessee Survey or
No. ground
rent paid
1 2 3 4 5 6 7 8

Rs. Squire
metres Rs.
and
Square
yards

In the case of land Use of land

with Superstructure
break up of rent into

Rent of Superstruc Estimated User at the User as on Remarks Signature

Land ture sale price time of 2nd Dec. of
lease 1957 Certifying
Officer

9 10 11 12 13 14 15

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 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,
1969.

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) Names of the revenue division in the City of Bombay in which the
land is situated.

(b) Details of lands comprising the inami or special tenure including

redeemed land.
(i) Survey No.
(ii) Area in square metres.

(iii) 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) for the extinguishment of the right of the inamdar to recover land
revenue in respect of inami land under the 2nd Inam grant. Name of
the revenue division Survey Number.
(ii) 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) Total amount of compensation claimed.

(iv) Extracts from the register or rent rolls and other relevant, record in
respect of such land(s) are enclosed.

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 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, 1969.

(a) Name of revenue division in the city in which the land is situated.
(b) Details of land comprising the Inami/Special tenure/including
redeemed land-
(i) Survey No.

(ii) Area in Square Metres

(iii) 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.

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 I/Shri………..do hereby declare that what is stated above is true to the
best of my information and belief.
Place:

Date:

(Signature of applicant)

(Thumb impression)

To
The Collector of Bombay.

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

Subject - Grant of Certificate for exemption from the provisions of the
Act.

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,
1971.

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.

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 We append-

(i) a certified copy of the certificate of registration under Bombay

Public Trust Act, 1950.

(ii) a certified copy of the extract from the register of rolls in respect of
each of the lands mentioned in the schedule.

(iii) 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. 11
Witness No. 21
Signature of Trustee (s)

SCHEDULE

Name of the Details of Inami Special Survey Area Assessment

Revenue Division tenure Redeemed land No.

1 2 3 4 5

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, 1969.

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 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) shall be liable to the State Government for the payment of land
revenue of1 …………….(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;
(b) 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 Details of Inami Special Survey Area Assessme

Revenue Division tenure Redeemed land No. nt
1 2 3 4 5

Square Rs. p.
metres and
sq. yards.

No.

Date
Collector of Bombay

Seal
_________________________

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1. Here specify the amount.

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