Amendment status not verified — confirm the current text below against the official source.
No decision of Inam Commissioner, & c. shall be questioned in Court of law. assistants. Rule 1. Defines the functions of the Inam Commissioner and his assistants. Rule 2. Gives appeal against orders of Assistant Commissioner. Rule 3. And subsequent rules prescribe the mode of proceeding to establish claims. Schedule B. Rules for adjudication of title to estates claimed as Inam. Rule 1. Confines all Inams already declared permanent by competent authority competency of officer shall be decided if questioned. Rule 2. Land to be hereditary if expressly made so by Sunnud, provided, (1) that Sunnud was made by competent authority; (2) that no illegal conditions are attached to the tenure; and (3) that is was not reoked, & c. Rule 3. An uninterrupted holding for 60 years before the introduction of heir in possession all the time. The right not to descend on heirs y adoption, not on female heirs. Rule 4. Lands held for 40 years in the male line to continue to be held for one more generation; but not by an adopted heir; (1) what shall be sufficient proof of authorized possession ; (2)claim to be allowed unless to grounds of it be disproved; and (3) what shall be deemed the time of the introduction of British Government. Rule 5. None so numbered. Rule 6. Exemptions not protected by above rules to be abolished on demise of incumbent: and (1) bond fide holder to be deemed incumbent; (2) this privilege not to extend to persons holding by fraud. Rule 7. Lands held for support of Mosques, & c. not to be resumed. (4) if they have been enjoyed for 40 years; (5) What shall be deemed sufficient proof of enjoyment ; (6) but this rule not to apply in favor of private holdings (7) see the provision. Rule 8. Lands held under on official tenure intended to be permanent not to be resumed; but this rule is subject to several complicated provisions, not capable of abridgment. Rule 9. On resumption of lands a moiety may be continued to widows of last incumbent, &c. in case of destitution. Rule 10. Makes discretionary with Government to apply these rules to certain specified kinds of lands. Rule 11. Empowers the G. in C. to relax the rules ; who also shall interpret them. 2 An Act for the Adjudication of Titles to certain Estates claimed to be wholly or partially Rent-free in the Presidency of Bombay. WHEREAS in the Territories of the Deccan Kandeish, and Southern Mahratta Country, and in other Districts more recently annexed to the Bombay Presidency, claims against Government on account of Inams and other Estates wholly or partially exempt from payment of Land Revenue are excepted from the cognizance of the ordinary Civil Courts, and incapable of being justly disposed of under the Rules for the determination of Titles, and the Rules of Procedure contained in Chapters IX. and X. of Regulation XVII. of 1827 of the Bombay Code and their Supplements; and whereas it is desirable that the said claims should be tried and determined without further delay. It is declared and enacted as follows: I. The Rules in Chapters IX. and X. of Regulation XVII. of 1827, and in Clause 1 of Regulation VI. of 1833 of the Bombay Code, do not apply to any of the Districts of the Bombay Presidency which were not brought under the General Regulations of Government by Regulation XXVIII. of 1827 of the Bombay Code; and no order hitherto passed regarding the continuance or resumption of lands in any of the said Districts held or claimed from Government as wholly or partially free of assessment, shall be liable to be questioned in any Court of Law, on the grounds of any interpretation nr construction of the Law, which may be inconsistent with the declarations made and the rules prescribed by this enactment. II. The Governor of Bombay in Council may appoint in any Zillah or other division of the Territories subject to the Presidency of Bombay, which were not brought under the General Regulations of Government by the said Regulation XXVIII. of 1827, an Inam Commissioner with so many Assistants, and such subordinate Establishment, as may be necessary for the purposes hereinafter mentioned. III. The duties of each Inam Commissioner and his Assistants shah be discharged according to the Rules in Schedule A. annexed to this Act. IV. In the adjudication of claims to exempt lands or interests therein, the titles of claimants shall he determined by the Rules in Schedule B. annexed to this Act. V. Each Inam Commissioner sand his Assistants shall have the same authority to procure the attendance of witnesses, and to take evidence, as now is, or from time to time may be, by Law vested in the ordinary Civil Courts; and so far as concerns the penalties for not giving evidence, for false testimony, for resistance of process, contempts, and other like matters, connected with cases under cognizance by any one of the said Officers, his Office shall be held to be a Court of Civil Jurisdiction of the same authority as the superior Civil Court of the Zillah or District in which his Office from time to time shall be established. Provided that all complaints against, or appeals from the proceedings of the Inam Commissioner or any of his Assistants, in exercise of the authority conferred on them respectively by this Section, shall be made under the second Rule of Schedule A. annexed to this Act, and shall not be cognizable by any other authority or in any other manner than as therein specified. VI. Bribery, extortion, and generally all acts of abuse, or misapplication of authority, or other misconduct, committed by any Officer belonging to the Establishment of the Inam Commission, or temporarily employed therein under the provisions of this enactment, shall be punishable as criminal offences with fine and ordinary imprisonment without labour for a period not exceeding five years, and the receipt of a present, directly or indirectly, by any such Officer from any person against whom or in whose behalf he may be officially employed, shall be considered extortion. And no penalty or punishment adjudicated under this Clause shall preclude any other Civil prosecution to which the offender may be liable. VII. No decision or order of the Inam Commissioner, or of any of his Assistants, or of the Governor in Council, under the provisions of this enactment, so long as the same shall be in force under such provisions, shall be questioned or avoided in any Court of Law; and no Commissioner or Assistant Commissioner, or 3 other person acting under the provisions of this Act, shall be liable to be sued in any Civil Court for any act bonâ fide done or ordered to be done by him in pursuance of the said provisions. _________ 4 SCHEDULE A Rules for defining the duties of each Inam commissioner and his assistants