Act Number: 10

Act Name: The Bombay Revenue Jurisdiction Act, 1876

Year: 1876

Enactment Date: 1876-03-28

Long Title: 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.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 4: Bar of certain suits.
    Subject to the exceptions hereinafter appearing, no Civil Court shall exercise jurisdiction as to any of the following matters:--
         (a) 1[claims against the 2[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 subject 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 notification determining the period of settlement;
         (c) claims connected with or arising out of any proceedings for the realization of land-revenue or the 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 for arrears 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 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;
         (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 of any 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 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
         (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 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. 11 of 1852, which declares the particular 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, being transferred to individuals, they shall be permitted to hold the lands for ever at the assessment at which they are transferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption from higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the Civil Court against over-assessment.
     (2) It is enacted that when a specific limit to assessment has been established and preserved, the assessment shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed at Rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not been more highly assessed. There is no exemption not before existing created by enactment, and A's claim is not cognizable 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 as exempt. 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. This is an exemption expressly confirmed by enactment on the ground of its being shown in a public 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 a Civil Court.
     (5) It is enacted that assessment shall be fixed with reference to certain considerations, and not with reference to others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an assessment under such an enactment is cognizable in a Civil Court.
Notes:
1. Subs. by the Adaptation of Indian Laws Order in Council, for “claims against the Crown”.
2. Subs. by the Adaptation of Laws Order, 1950, for “Crown”.
3. Subs. by the Adaptation of Indian Laws Order in Council, for “by the Provincial Government”.
4. Subs. by the Adaptation of Laws Order, 1950, for “Provincial”.
5. Subs. by the Adaptation of Indian Laws Order in Council for “to the Crown”.
6. Subs. by the Adaptation of Indian Laws order in Council, for “Provincial Government”.
7. Subs. by the Adaptation of Laws Order, 1950, for “Provincial”
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