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AGRICULTURE AND IRRIGATION
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TENURES
In the Kolaba district, the most prevalent form of tenure is the rayatwari tenure. No holder is exempted from paying land revenue except under tenures of contract or agreement under the terms of any Act of the legislature. In the rayatwari tenure, land revenue is fixed not upon an estate as a whole or on a village as a whole, but on individual survey numbers or on sub-divisions thereof. Under the inam tenure, land is held on a reduced assessment which is not liable to revision and, in some cases it is altogether free of assessment. Land revenue assessment is fixed under the provisions of the Land Revenue Code as amended in 1939. It is based not only on advantages arising from rainfall or the kind of crop sown, etc. but also on those arising from soil, water resources and location. Agricultural lands are hence divided into three main classes such as dry crop, rice and garden lands,
the classification value of soils of different grades of productivity being fixed in terms of annas. Land revenue settlements are made ordinarily after every thirty years for a taluka. Lands used for agricultural purposes are divided into groups on consideration of physical features and other factors mentioned in section 117-G of the Land Revenue Code. Assessment is fixed on survey numbers and sub-divisions of survey numbers are fixed on the basis of the standard rate fixed for the group as a result of a settlement or of revision settlement made in accordance with the rules as laid down in the Land Revenue Code. In the case of an original settlement, the standard rate fixed for the group should not exceed thirty-five per cent of the average of the rental values of all occupied lands in the group for a period of five years preceding immediately the year in which the settlement is directed. In the case of a revision settlement, the existing aggregate assessment should not be increased, by more than twenty-five per cent, in the case of a taluka or a group or, by more than fifty per cent, in the case of a survey number or sub-division thereof. These limits can be relaxed under special circumstances as in highly irrigated areas. Government may declare, after a settlement is effected that assessment has been fixed with reference to the specified prices of the specified classes of agricultural produce. After such a declaration has been made, the State Government may reduce or enhance the assessment in the area concerned by granting a rebate or by prescribing a surcharge on the assessment by a reference to the alteration of the prices of the classes of agricultural produce as may have been specified in the declaration. The assessment fixed under the settlement is not collected in full in all years. In years of distress, suspension of half or full land revenue is given on the basis of the condition of crops. The annual land revenue demand is then fixed on the basis of annewari, which means an estimate of the yield of crops in a particular year relative to the standard normal yield which is equated to sixteen annas. The land revenue thus suspended for one year becomes due for recovery in the next or subsequent years, provided that the crop position is satisfactory. In case there is a succession of bad seasons, the suspensions for the preceding three years are turned into remissions. The occupant holds his land direct from the Government and acquires a right to hold it in perpetuity so long as he pays land revenue to the Government as may be fixed at the time of settlement. He has full powers to sell, mortgage, sub-let or dispose it of in the manner he thinks fit. Till 1946, the occupant of a land could lease a portion or whole of his holding on annual tenancy at a rent agreed upon with the tenant. But this right has been restricted by an amendment to the Bombay Tenancy Act, 1939, under which all tenancies are given a duration for a minimum of ten yegrs. A modified form of the rayatwari tenure called the "new tenure" was introduced. It applies to new occupancies only. Under this tenure, land is granted at concessional rates of occupancy price only, to bona fide cultivators belonging to backward classes and, that too, on condition that the land shall not be transferred except with the permission of the Collector. Land is of course, subject to the usual land revenue. After the abolition of the various inams under the provision of the Land
Revenue Abolition Acts, the resumed lands have been re-granted to original holders on similar conditions.
Inam Tenure
The word inam, in its primary sense, means a gift and, in its secondary sense, it means a grant. The land under this tenure, is technically called "alienated" land which means transferred in so far as the rights of the Government to payment of rent or land revenue are concerned wholly or partially to the ownership of any person as defined in the Land Revenue Code. The main feature of this tenure consists in the fact that land is held on a reduced assessment not liable to revision and, in some cases, held free of assessment. Inam lands have now been settled on their present holders under the Survey Settlement Act of 1863 and, including both land and case allowances, can be broadly classified into two kinds; firstly, those held on the condition of performing some office or services or discharging some obligation of trust, the duty of trust to be fulfilled being, in some cases, one of a charitable or religious nature and; secondly, those encumbered by any such burden, condition or liability. Saranjams or other political tenures (Inams class I), religious endowments (Inams class III). Service mams (Inams class IV, V and VI) fall under the first category, while personal inams (Inams class II) fall under the second category.
Political Inams.
Political inams, including saranjams and Jahagirs generally mean grants by the State for performance of civil or military duty or for the maintenance of the personal dignity of nobles and high officials. Some of them were guaranteed by a special treaty between the Moghals and the British Government, while others were settled by the Inam Commission. In the former case, the tenure is hereditary and lasts in perpetuity, while in the latter case, it may last for a short or long period as fixed by the Commission. Ordinarily, these inams are impartible and inalienable. There arc instances in which a jahagir has been held to be partible and alienable, but generally devolution of such inams takes place by the rule of lineal primogeniture, younger members being entitled to the claim of maintenance. According to the provisions of the Bombay Saranjams, Jahagirs and other Inams or Political Nature Resumption Rules, 1952, the inams of political nature consisting of land revenue have been abolished from August 1953, provided that the amount of such exemption exceeds five thousand rupees and, from August 1955, in all other cases.
Personal Inams.
Personal or Jat inams (Inams class II) are gifts conferred on individuals, some of them being in the nature of compensations. These are heritable and transferable properties of holders or of their lawful successors and are subject to the payment of fixed dues to the Government. By the Bombay Personal Inams Abolition Act (XLII of 1953), which came into effect in June 1953, all personal inams have been extinguished, with effect from August 1953, in the case of those granted exemption from the payment of land revenue only either wholly or partly, the amount of such exemption being equal to or more than five thousand rupees and, with effect from August 1955, in all other cases.
Devasthan Inams.
Devasthan inams (Inams class III) are lands granted to religious bodies for the maintenance of temples, mosques or similar institutions. The grant is made in perpetuity and the amount of land revenue fixed is not liable to revision. Devasthan inams are ordinarily inalienable and impartible. Succession thereto is re gulated by customs and usages of the endowment. The holders for the time being manage the inams in the capacity of trustees for the benefit of the endowment.
Watan.
All Kulkarni Watans were abolished along with the right of
services by the Bombay Pargana and Kulkarni Watans Abolition Act, 1950, with effect from May 1951. Under the provisions of section IV (1) of the Act, the holder is allowed to credit occupancy price for the re-grant of land on or before 30th April 1956. The resumed lands for which ex-holders failed to pay occupancy price are vested in the government on 1st May 1956 and the Watan land not re-granted to the holder of the Watan is to be granted to persons in actual possession on payment of occupancy price equal to the proper market value which is to be fixed on the basis of statistics of sales of similar lands in the locality.
Service Inams.
Service inams are holdings of lands or rights to receive cash payment or to levy customary fees or perquisites for the performance of certain services to the community or to the Government. The Bombay Service Inams The holders of such inams or watans are divided into two classes; firstly, district officers like the desais, deshmukhs or deshpandes who were the chief instrument for the collection of revenue under the peshvas; and secondly, village officers useful to the Government like the patil or the kulkarni who were given an adequate remuneration in the shape of land or cash and village servants useful to the community such as the hajam, the kumbhar, the lobar, the sutar and the mochi among others. The Abolition Act, 1953 abolishes all inams assigned for the performance of services useful to the community with effect from 1st April 1954. The resumed lands of which the holder has not paid occupancy price before 31st March 1959 vest in the Government on 1st May 1956. These lands are to be re-granted to persons on payment of occupancy price equal to twenty-six times the assessment, if the holder of the service inams is in their actual possession. However, in the case of a holder, who is not a holder of the service inam but is in its actual possession and has acquired permanent tenancy rights, an occupancy price equal to six times the rent is to be charged. In all other cases, an occupancy price to be charged is equal to the proper market value of the land. The Bombay Interior Village Watans Abolition Act, 1958 puts an end to the inams assigned for the performance of services such as those given to the mahars, ramoshis, etc.
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