Bombay Shetgi Watan Rights (Ratnagiri) Abolition Act, 19561
| [Bombay Act No. 2 of 1957] | [9th January, 1957] |
An Act to abolish shetgi watans in the Ratnagiri District of the State of Bombay.
Whereas it is expedient to abolish shetgi watans in the town of Rajapur in the Ratnagiri District, and to provide for matters consequential or incidental thereto; It is hereby enacted in the Seventh Year of the Republic of India as follow:-
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1900, Part V, page 382.
1. Short title, extent and commencement.- (1) This Act may be called the Bombay Shetgi Watan Rights (Ratnagiri) Abolitiaon Act, 1956.
(2) It extends to the district of Ratnagiri in the State of Bombay.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "prescribed" means prescribed by rules made under this Act;
(b) "shetgi watan" means the watan, commonly known as shetgi watan or shetki watan, consisting of-
(i) the first right of weighment or measurement of all merchandise imported by the land route into the market (peth) of the town of Rajapur in Rajapur Taluka of the Ratnagiri District, and
(ii) the right to collect shetgi watan emoluments in respect thereof under any custom, usage, grant, sanad, takid, or other title;
(c) "shetgi watan emolument" means the fee by way of labha or salai or by whatever name called, and whether leviable in kind or otherwise, as an incident of the shetgi watan;
(d) "shetye watandar" means the holder of a shetgi watan or any part thereof
3. Abolition of shetgi watans.- Notwithstanding any custom, usage, grant, sanad or decree or order of a court,-
(a) all shetgi watans including all incidents thereof or relating thereto, shall be and are hereby abolished, and
(b) all rights of shetye watandars to any shetgi watan emoluments shall be deemed to have been extinguished.
4. Quantum of compensation.- A shetye watandar shall; for the abolition or extinguishment of any of his rights by virtue of Section 3, be entitled to compensation at the rate of three times the average of the value of shetgi watan emoluments collected by him during the three years immediately preceding the commencement of this Act.
5. Method of awarding compensation.- (1) Any shetye watandar entitled to compensation under Section 4 may, within six months from the commencement of this Act, make an application to the Collector in the prescribed form, accompanied by the prescribed information for determining the amount of compensation payable to him under the said section.
(2) On receipt of such application the Collector shall, after holding a formal enquiry in the manner provided by Chapter XII of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), make an award determining the amount of compensation.
6. Appeal.- Any person aggrieved by the award of the Collector may, within 60 days of the date on such award, appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939 (Bom. XII of 1939), notwithstanding anything in the said Act. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (XI of 1908), shall apply to the filing of such appeals.
7. Procedure before Revenue Tribunal.- (1) The Bombay Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
(2) In deciding an appeal under this Act the Bombay Revenue Tribunal shall have and may exercise all the powers of ta court, and shall follow the like procedure which a court follows, in deciding appeals from a decree or order of an original court under the Code of Civil Procedure, 1908 (V of 1908).
8. Court fees.- Kotwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870), every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.
9. Finality of award and decision of Revenue Tribunal.- The award made by the Collector, subject to an appeal to the Bombay Revenue Tribunal, and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive, and shall not be questioned in any suit or proceeding in any court.
10. Rules.- The State Government may, subject to the condition of previous publication, make rules for the purposes of carrying out the provisions of this Act.