Section 0

An Act to enable the holders of Revenue which has been alienated to them by the State, to collect that Revenue within the Presidency of Bombay. I . Whereas it is expedient to authorize the grant by the Governor in Council of Bombay, at his discretion, of Commissions to certain Jageerdars, and others, by virtue of which such persons shall posses increased powers for collecting the Revenue due to them; — It is hereby enacted, that it shall be lawful for the Governor in Council of Bombay, to grant any Jageerdar, Surinjamdar, Inamdar, or other person holding Lands or Villages the Revenue of which has been alienated to him by the State, a Commission conferring upon him authority for the collection of such Revenue by the powers hereinafter mentioned, or such of them as shall be specified in the Commission in addition to the powers now exercisable by law. II. And it is hereby enacted, that such Commission, which shall be drawn out according to the form of the annexed Schedule A, shall be granted or withheld, and, when granted, shall be liable to be withdrawn at the pleasure of Government, and that it may, if the Governor in Council of Bombay see fit, be issued to one or more Agents of such holder of alienated Revenue as well as to the holder in person. III. And it is hereby enacted, that the holder of such Commission shall have authority to demand security for the payment of the Revenue, in respect of the Lands or Villages specified in the Commission, and if the same be not furnished, to take such precaution as the Collector is authorized to make under Section XI, Regulation XVII, of 1827, Bombay Code. IV. And it is hereby enacted, that the holder of such Commission shall have authority to send Mohussuls on Defaulters under the Provisions of Clauses 2,3, and 5, Section XII, Regulation XVII of 1827, Bombay Code, provided that one foot Mohussul only be employed in each case, and that the Mohussulee shall cease on the enforcement of any other remedy for the collection of the Revenue, except the taking of such security as aforesaid. VII. And it is hereby enacted, that if the Revenue or rent payable to a Jageerdar or other holder of Government alienated lands or villages shall have been fixed by a Government Officer before the grant of the Land in free tenure, or if the rent or Revenue tendered by any Ryut or other person be at the usual rate payable according to the custom of the Village and Purgunna as declared by the Koolkurnee and other Local Officers of Revenue, the enforcement of a demand by any holder of a Commission under this Act of an excess of rent or Revenue beyond the amount due as above provided shall be deemed to the extortion, and the person against whom such demand shall have been enforced shall obtain upon any judgement being passed after regular or summary trial three times the amount of any such excessive demand as damages for the same. Provided, however, that nothing herein prescribed or contained shall prevent a holder of alienated Lands or Villages from instituting a suit in any court of competent jurisdiction for the purpose of establishing his claim to re-assess the Lands or re-settle the Revenue of any Ryut or other who may be paying less than the full Juma to which he is justly liable, and upon such holder obtaining a decree adjudging to him such power the demand made by him under such decree, shall, if conformable thereto be deemed a legal demand for arrears, and shall be leviable by the same process as is above arrears. SEAL The Governor in Council of Bombay by virtue of the powers vested in him by Act XIII, of 1842, is pleased to confer on you ---------------------------- (Jageerdar, & c., or Agent, & c., as the case may be) power to realize all Revenue demands due to you (or to your principal) from the Villages and Lands specified in this Commission in the manner prescribed in ( or in Sections -----------------of) this Act. The Villages and Lands over which the power thus conferred upon you extends are as follows: (Here enter the description.) The within delegated power is vested in you during the pleasure and subject to the re-call of the said Governor in Council.