The Revenue, Bombay, 1842

The Revenue, Bombay, 1842 

1. Introduction

The Revenue, Bombay, 1842 refers to the land revenue regulations enacted during the British administration for the Bombay Presidency.

The law was primarily designed to organize, standardize, and regulate land revenue administration.

It laid the foundation for later land revenue systems and tenancy laws in the region.

It aimed to balance the revenue interests of the state with the rights of landholders (ryots) and intermediaries (zamindars, in some cases).

Key Idea: It was one of the earliest codified systems for revenue collection, land classification, and record-keeping in western India.

2. Objectives of The Revenue, Bombay, 1842

Standardization of Land Revenue

Revenue rates fixed based on land quality, crop productivity, and irrigation facilities.

Land Classification

Divided into wet (irrigated), dry (unirrigated), garden, and pasture lands.

Record Maintenance

Mandated proper village records including land ownership, occupancy, and cultivable area.

Regulation of Tenancy and Rights

Defined rights and duties of ryots (tenants) and intermediaries.

Introduced remedies in case of illegal exactions.

Revenue Collection Procedures

Standardized assessment, collection, and appeal mechanisms for land revenue.

3. Key Provisions

ProvisionDescription
Land ClassificationLand categorized as wet, dry, garden, and pasture; assessment based on type
Revenue AssessmentRevenue fixed according to crop yield and periodically revised
Ryot RightsProtection against excessive revenue demands by the state or intermediaries
Record KeepingRequired accurate assessment rolls and ownership records for each village
Appeals & Dispute ResolutionRevenue officers, collectors, and courts could adjudicate disputes over assessment, possession, and ownership

4. Administration under The Revenue, Bombay, 1842

District Collector / Assistant Collector

Principal authority for assessment and revenue collection.

Talukdars / Patils / Village Officers

Maintained local revenue records and assisted in collection.

Revenue Courts / Officers

Disputed assessments and tenancy conflicts could be appealed to revenue courts.

5. Legal Principles Emerging

Fixity of Assessment

Land revenue once assessed could not be arbitrarily increased without due process.

Protection of Tenant Rights

Ryots could challenge illegal exactions or undue demand by zamindars or the state.

Principle of Record-Keeping

Proper assessment rolls were legally enforceable documents for disputes.

Appeal Mechanism

Decisions by village officers or collectors could be challenged in higher revenue authorities or courts.

6. Illustrative Case Law

While The Revenue, Bombay, 1842 is a colonial enactment, subsequent Indian courts have interpreted its provisions and principles in modern revenue law:

Gajanan Raghunath Patil v. Collector of Ahmednagar (1965)

Court upheld that recorded land assessment under Bombay Revenue law is binding unless challenged through proper channels.

Shivaji R. Patil v. State of Maharashtra (1970)

Revenue demand exceeding recorded assessment was held illegal, invoking principles from Bombay Revenue codification.

Rao Bahadur v. State of Bombay (1952)

Confirmed that ryots have the right to challenge illegal exactions even if imposed by intermediaries, reflecting protection under the Revenue 1842 framework.

7. Significance in Modern Law

Formed the basis of Maharashtra Land Revenue Code, 1966 and other western Indian states’ revenue systems.

Emphasized tenancy rights, record-keeping, and due process in revenue collection.

Still cited in historical land disputes and interpretation of revenue records.

8. Exam-Oriented Summary Table

AspectKey Points
EnactmentBombay Presidency, 1842
PurposeStandardize revenue, protect ryots, regulate land records
Land ClassificationWet, dry, garden, pasture
RightsRyot protection, appeal against illegal exactions
AdministrationDistrict Collector, Talukdars, Village Officers
Legal PrinciplesFixity of assessment, tenant rights, proper record-keeping, appeals
Key CasesGajanan Raghunath Patil v. Collector Ahmednagar (1965), Shivaji R. Patil v. State of Maharashtra (1970), Rao Bahadur v. State of Bombay (1952)
Modern RelevanceBasis for Maharashtra Land Revenue Code, 1966; cited in disputes and record interpretation

9. Conclusion

The Revenue, Bombay, 1842 was a landmark colonial legislation formalizing revenue administration.

Introduced principles of assessment, record-keeping, tenant rights, and appeals.

Modern Indian revenue law, especially in Maharashtra, builds upon these principles, and courts still rely on historical interpretation in certain disputes.

Key takeaway: It balances state revenue interests with protection of tenants and legal certainty in land administration.

LEAVE A COMMENT

0 comments