(Received the assent of the Governor General on the 3rd November, 1880)
An Act to amend the Bombay Revenue Jurisdiction Act, 1876.
PREAMBLE
Preamble. Whereas it is expedient to amend the Bombay Revenue Jurisdiction Act, 1876, in maimer hereinafter appearing, and to make further provision for the recovery of certain advances made in the territories administered by the Governor of Bombay in Council for purposes other than those specified in the Land Improvement, Act, 1871; It is hereby enacted as follows:
This Act may be called The Bombay Revenue Jurisdiction Act, 1880 ; and it shall come into force at once.
Sections eight, nine, ten and seventeen of the said Bombay Revenue Jurisdiction Act, 1876, are hereby repealed:
Provided that the repeal hereby effected, of the first clause of the said section seventeen, shall not operate in any Scheduled District unless and until the Bombay Land-revenue Code, 1879, has been extended to such district:
Provided also that the repeal, of the second clause of the said section seventeen shall not be deemed to render invalid or illegal anything made valid or legal by such clause.
To section thirty-two of the Bombay Civil Courts Act, No. XIV of 1869, as amended by section fifteen of the said Bombay Revenue Jurisdiction Act, 1876, the following words shall be added:
Provided that nothing in this section shall he deemed to apply to any suit merely because
(a) a municipal corporation, constituted under Bombay Act No. VI of 1873, or any other enactment for the time being in force, is a party to such suit and an officer of Government is in his official capacity a member of such corporation, or
(b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph, or selected under Act No. XX of 1864 (for making better provision for the care of the persons and property of minors in the Presidency of Bombay), section 9, is, in virtue of such appointment or selection, a party to such suit.
The Governor of Bombay in Council may, from time to time, with the previous sanction of the Governor General in Council, prescribe rules as to advances to be made in the territories administered by the said Governor in Council to holders (as defined in section 3(11) of the Bombay Land-revenue Code, 1879,) of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the Land Improvement Act, 1871, but connected with agricultural objects.
All such rules shall be published in the local official Gazette.
Every advance for any such purpose which may heretofore have been made by or on behalf of the Government in the said territories, and every advance which may hereafter be made under such rules, shall, when it becomes due, be recoverable, with the interest (if any) accrued due thereon, from the person to whom such advance was made, or from any person who has become surety for the repayment thereof, as if it were an arrear of land-revenue due by the person to whom the advance was made or by his surety.