#THE BOMBAY REVENUE JURISDICTION ACT, 1876 
_________ 

##ARRANGEMENT OF SECTIONS 
________ 

Preamble. 

SECTIONS. 

1. Short title. 
       Commencement. 
       Extent. 

2. [Repealed.]. 

3. Interpretation-clause. 
       Land. 
       Land-revenue. 
       Revenue officer. 

4. Bar of certain suits. 
       Proviso. 

5. Saving of certain suits. 
6. Bar of certain suits against Revenue officers. 
7. Punishment or prosecution of Revenue officers not a bar to civil remedies. 
8. [Repealed.]. 
9. [Repealed.]. 
10. [Repealed.]. 
11. Suits not to be entertained unless plaintiff has exhausted right of appeal. 
12. Power of Government to refer questions for decision of High Court. 
13. Power of Civil Judge to refer questions of jurisdiction to High Court. 
14. Composition of Bench. 
15. [Repealed.]. 
16. Privileges of Government in suits in which it is concerned. 
17. [Repealed.]. 
THE SCHEDULE. [Repealed.]. 
THE SECOND SCHEDULE. 




* Subject to verification and confirmation by the Department. 


 
 
 
 
 
 
#THE BOMBAY REVENUE JURISDICTION ACT, 1876 

##ACT NO. 10 OF 1876 

[28th March, 1876.] 

An Act to limit the jurisdiction of the Civil Courts throughout the Bombay Presidency in matters 
relating to the Land-revenue, and for other purposes. 

Preamble:—WHEREAS  in  certain  parts  of  the  Presidency  of  Bombay,  the  jurisdiction  of  the  Civil 
Courts  in  matters  connected  with  the  land-revenue  is  more  extensive  than  it  is  in  the  rest  of  the  said 
Presidency; 

And whereas it is expedient that the jurisdiction of all the Civil Courts in the said Presidency should 
be limited in manner hereinafter appearing; 

And whereas it is also expedient to amend the Bombay Civil Courts Act, section thirty-two, and to 
revive certain provisions of the thirteenth section of Regulation 17 of 1827 of the Bombay Code, which 
was repealed by the Land Improvement Act, 1871 (26 of 1871);

It is hereby enacted as follows:— 

1. **Short title.**—This Act may be called “The Bombay Revenue Jurisdiction Act, 1876”. 

**Commencement.**—So  much  of  section  four  as  relates  to  claims  to  set  aside,  on  the  ground  of 
irregularity, mistake or any other ground except fraud, sales for arrears of land-revenue, shall come into 
force on such day as the Governor General in Council directs in that behalf by notification in the *Gazette 
of India*. The rest of this Act shall come into force on the passing thereof: 

**Extent.**—And it shall extend to all the State of Maharashtra, but not so as to affect— 

  (a) any suit regarding the assessment of revenue on land situate in the City of Bombay, or the 
collection of such revenue; 

  (b) any of the provisions of Bombay Acts 5 of 1862 and 6 of 1862, or of Act 21 of 1881 or of 
Act 23 of 1871; 

2. **Repeal of enactments.**— *Rep. by Repealing and Amending Act*, 1891 (12 of 1891). 

3. **Interpretation-clause.**—In  this  Act,  unless  there  be  something  repugnant  in  the  subject  or 
context,— 

“Land” includes the sites of villages, towns and cities: it also includes trees, growing crops and grass, 
fruit upon, and juice in, trees, rights-of-way, ferries, fisheries, and all other benefits to arise out of land, 
and things attached to the earth, or permanently fastened to things attached to the earth: 

“Land-revenue” means all sums and payments, in money or in kind, received or claimable by or on 
behalf of the Government from any person on account of any land held by State Government 
under the provisions of any law for the time being in force: 




* Subject to verification and confirmation by the Department. 
 
 
 
 
“Revenue officer” means any officer employed in or about the business of the land-revenue, or of the 
surveys, assessment, accounts or records connected therewith. 

4. **Bar of certain suits.**—Subject  to  the  exceptions  hereinafter  appearing,  no  Civil  Court  shall 
exercise jurisdiction as to any of the following matters:— 

(a) claims against the Government relating to any property appertaining to the office of any 
hereditary officer appointed or recognized under Bombay Act No. 3 of 1874, or any other law for the 
time being in force, or of any other village-officer or servant, or 

claims to perform the duties of any such officer or servant, or in respect of any injury caused by 
exclusion from such office or service, or 

suits  to  set  aside  or  avoid  any  order  under  the  same  Act  or  any  other  law  relating  to  the  same 
subject for the time being in force passed by the State Government or any officer duly authorized 
in that behalf, or 

claims  against  Government  relating  to  lands  held  under  treaty,  or  to  lands  granted  or  held  as 
saranjam,  or  on  other  political  tenure,  or  to  lands  declared  by  Government  or  any  officer  duly 
authorized in that behalf to be held for service; 

(b) objections— 

  to  the  amount  or  incidence of any assessment of land-revenue authorized by the State 
Government, or 

  to the mode of assessment, or to the principle on which such assessment is fixed, or 

  to the  validity  or  effect  of  the  notification  of  survey  or  settlement,  or  of  any  notification 
determining the period of settlement; 

(c) claims connected with or arising out of any proceedings for the realization of land-revenue or 
the rendering of assistance by the State Government or any officer duly authorized in that behalf 
to superior holders or occupants for the recovery of their dues from inferior holders or tenants; 

  claims to set aside on account of irregularity, mistake, or any other ground except fraud, sales for 
arrears of land-revenue; 

(d) claims against Government— 

  (1) to be entered in the revenue survey or settlement records or village papers as liable for the 
land-revenue, or as superior holder, inferior holder, occupant or tenant, or 

  (2) to have any entry made in any record of a revenue survey or settlement, or 

  (3) to have any such entry either omitted or amended; 

(e) the distribution of land or allotment of laud-revenue on partition of any estate under Bombay 
Act 4 of 1868, or any other law for the time being in force; 

(f) claims against Government— 

  to hold land wholly or partially free from payment of land-revenue, or 

  to receive payments charged on or payable out of the land-revenue, or 

  to set aside any cess or rate authorized by the State Government under the provisions of 
any law for the time being in force, or 

  respecting, the occupation of waste or vacant land belonging to the Government; 
                                                      
(g) claims regarding boundaries fixed under Bombay Act No. 1 of 1865, or any other law for the 
time being in force, or to set aside any order passed by a competent officer under any such law with 
regard to boundary-marks: 

  Proviso.—Provided  that  if  any  person  claim  to  hold  land  wholly  or  partially  exempt  from 
payment of land-revenue under—

(h) any enactment for the time being in force expressly creating an exemption not before existing 
in favour of an individual or of any class of persons, or expressly confirming such an exemption on 
the  ground  of  its  being  shown  in  a  public  record,  or  of  its  having  existed  for  a  specified  term  of   
years, or 

(i) an instrument or sanad given by or by order of the 1[ 2[State] Government] under Bombay Act 
No. 2 of 1863, section one, clause first, or Bombay Act No. 7 of 1863, section two, clause first, or 

(j) any  other  written  grant  by  the  British  Government  expressly  creating  or  confirming  such 
exemption, or 

(k) a judgment by a Court of law, or an adjudication duly passed by a competent officer under 
Bombay  Regulation  17  of  1827,  chapter  X,  or  under  Act  No.  11  of  1852,  which  declares  the 
particular property in dispute to be exempt; 

such claim shall be cognizable in the Civil Courts. 

###Illustrations to (h). 

(1)  It  is  enacted  that,  in  the  event  of  the  proprietary  right  in  lands,  the  property  of  Government,  being 
transferred  to  individuals,  they  shall  be  permitted  to  hold  the  lands  for  ever  at  the  assessment  at  which  they  are 
transferred. The proprietary right in certain lands is transferred to A at an assessment of Rs. 100. An exemption from 
higher assessment not before existing is expressly created in favour of A by enactment, and he may seek relief in the 
Civil Court against over-assessment. 

(2)  It  is  enacted  that  when  a  specific  limit  to  assessment  has  been  established  and  preserved,  the  assessment 
shall not exceed such specific limit. A is the owner of land worth Rs. 100 for assessment. He claims to be assessed 
at Rs. 50 only on the strength of a course of dealing  with him and his predecessors under which his land has  not 
been  more highly assessed. There is no exemption not before existing created by enactment, and A’s claim is not 
cognizable in a Civil Court. 

(3) It is enacted that land-revenue shall not be leviable from any land held and entered in the land-registers as 
exempt. A claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in 
the  land-register.  This  is  an  exemption  expressly  confirmed  by  enactment  on  the  ground  of  its  being  shown  in  a 
public record, and A’s claim is cognizable in a Civil Court. 

(4) It is enacted that the Collector shall confirm existing exemptions of all lands shown in certain maps to be 
exempt. A claims exemption alleging that his land is shown in the maps to be exempt. A's claim is cognizable in a 
Civil Court. 

(5) It is enacted that assessment shall be fixed with reference to certain considerations, and not with reference to 
others. This is not an enactment creating an exemption in favour of any individual or class, and no objection to an 
assessment under such an enactment is cognizable in a Civil Court. 

5. **Saving of certain suits.**—Nothing in section four shall be held to prevent the Civil Courts from 
entertaining the following suits:— 

  (a) suits against the Government to  contest  the  amount  claimed,  or  paid  under  protest,  or 
recovered, as land-revenue on the ground that such amount is in excess of the amount authorized in 
that behalf by the State Government, or that such amount had previous to such claim, payment, 
or recovery been satisfied, in whole or in part, or that the plaintiff, or the person whom he represents, 
is not the person liable for such amount; 

  (b) suits between private parties for the purpose of establishing any private right, although it may 
be affected by any entry in any record of a revenue survey or settlement or in any village papers; 

  (c) suits between superior holders or occupants and inferior holders or tenants regarding the dues 
claimed or recovered from the latter; 

  and nothing  in  section  four,  clause  (g)  shall  be  held  to  prevent  the  Civil  Courts  from  entertaining 
suits, other than suits against the Government, for possession of any land being a whole survey 
number or a recognized share of a survey number. 
and nothing in section four shall be held to prevent the Civil Courts in the Districts mentioned in the 
second schedule hereto annexed from exercising such jurisdiction as, according to the terms of any 
law in force on the twenty-eighth day of March 1876, they could have exercised over claims against 
the Government— 

  (a) relating  to  any  property  appertaining  to  the  office  of  any  hereditary  officer  appointed  or 
recognized under Bombay Act No. 3 of 1874, or any other law for the time being in force, or of any 
other village-officer or servant; 

  (b) to hold land wholly or partially free from payment of land-revenue; 

  (c) to receive payments charged on, or payable out of, the land-revenue.

6. **Bar of certain suits against Revenue officers.**—Revenue officers shall not be liable to be sued for 
damages  in  any  Civil  Court  for  any  act  bona  fide  done,  or  ordered  to  be  done,  by  them  as  such  in 
pursuance of the provisions of any law for the time being in force. 

If any Revenue officer absconds or does not attend when called on by his official superior, and if the 
Collector  of  the  District  proceeds  against  him  or  his  sureties  for  public  money,  papers  or  property 
according to the provisions of any law for the time being in force, such Collector shall not be liable to pay 
damages or costs in any suit brought against him by such officer or sureties, although it appears that a part 
only,  or  no  part  whatever,  of  the  sum  demanded  was  due  from  the  officer  so  absconding  or  failing  to 
attend, or that he was not in possession of the papers or property demanded of him. 

7. **Punishment or prosecution of Revenue officers not a bar to civil remedies.**—Nothing in any law 
for the time being in force which authorizes the punishment departmentally of any Revenue officer for 
any offence or breach of duty, or which sanctions his prosecution criminally for such offence or breach, 
shall be held to bar any remedy which may be had in the Civil Court against such officer. 

8. *[Officers  to  answer in suits  against them for  acts done  by  order  of  superior authority.]—Rep.  by 
Bombay Revenue Jurisdiction Act*, 1880 (15 of 1880), s. 2. 

9. *[Appeals from proceedings of Revenue officers.]—Rep. by, s. 2, ibid*.

10. *[Power to Local Government to call for record.]—Rep. by, s. 2, ibid*.

11. **Suits not to be entertained unless plaintiff has exhausted right of appeal.**—No  Civil  Court 
shall entertain any suit against the Government on account of any act or omission of any Revenue-
officer  unless  the  plaintiff  first  proves  that,  previously  to  bringing  his  suit,  he  has  presented  all  such 
appeals  allowed  by  the  law  for  the time being in force, as within the period of limitation allowed for 
bringing such suit, it was possible to present. 

12. **Power of State Government to refer questions for the decision of the High Court.**—If in 
the trial or investigation of any suit, claim or objection, which, but for the passing of this Act, might have 
been  tried  or  investigated  by  a  Civil  Court,  there  arises  any  question  on  which the State 
Government] desires to have the decision of the High Court, the State Government may 
cause a statement of the question to be prepared, and may refer such question for the decision of the High 
Court. 

The said High Court shall fix an early day for the hearing of the question referred, and cause notice of 
such day to be placed in the Court-house. 

The parties to the case may appear and he heard in the High Court in person or by their advocates or 
pleaders. 

The High Court, when it has heard and considered the case, shall send a copy of its decision, with the 
reasons therefor, under the seal of the Court, to the Government by which the reference was made, and 
subject to any appeal which may be presented to 1[the Supreme Court], the case shall be disposed of con-
formably to such decision. 

If the High Court considers that any such statement is imperfectly framed, the High Court may return 
it for amendment. 

The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case 
directs. 

13. **Power of Civil Judge to refer questions of jurisdiction to High Court.**—If  in  any  suit 
instituted, or in any appeal presented, in a Civil Court, the Judge doubts whether he is precluded by this 
Act from taking cognizance of the suitor appeal, he may refer the matter to the High Court. 

The High Court may order the Judge making the reference either to proceed with the case or to return 
the plaint. 

The order of the Supreme Court on any such reference shall be subject to appeal to Her Majesty in 
Council, and save as aforesaid, shall be final. 

14. **Composition of Bench.**—Every reference under section twelve or section thirteen shall be heard 
by a Bench consisting of such number of Judges not less than three, as the Chief Justice from time to time 
directs. 

15. *[Amendment of section 32 of Bombay Civil Courts Act].—Rep. by the Repealing and Amending 
Act, 1876, s. 2 and the Schedule (w.e.f.* 26-2-1938). 

16. **Privileges of Government in suits in which it is concerned.**—Whenever  any  suit  is 
brought in any District Court against the Government or against any Revenue officer, and the 
Government undertakes the defence thereof, it shall be lawful for the State Government, by 
certificate signed by a Secretary thereto, to require— 

  (a) that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to 
an Assistant Judge; and 

  (b) that the trial of any such suit shall have precedence over the trial of any other suit or other civil 
proceeding then pending in such Court; 

  and the Court shall give effect to every such requirement. 

  The privilege conferred on Government by  the  clause  (b)  of  this  section  shall,  mutatis  mutandis, 
apply to any appeal or special appeal against any decree in any such suit as is described in this section. 
                                                      
17. *[Revival of Bombay Regulation 17 of 1827, section 13.]—Rep. by Bombay Revenue Jurisdiction 
Act,  1880  (15  of  1880)  but  the  repeal  does  not  operate  in  any  scheduled  district  unless  and  until  the 
Bombay Land-revenue Code (Bom. V of 1879) has been extended to such District. 

[Operation  of  same  Regulation  in  sites  of  villages  and  towns.]—  Rep.  by  Bombay  Revenue 
Jurisdiction Act*, 1880 (15 of 1880), s. 2. 

*[Recovery of certain advances made by Local Government.]—Rep. by ibid.*

**SCHEDULE**. *Rep. by the Repealing and Amending Act*, 1891 (12 of 1891). 



 
##THE SECOND SCHEDULE. 

The District of Ahmedabad. 

The District of Kaira, exclusive of the PanchMahals. 

The District of Broach. 

The District of Surat, exclusive of the lapsed State of Mandvi, as described in the schedule annexed to 
Act 10 of 1848. 

The District of Tanna. 

The District of Colaba, exclusive of the lapsed State of Colaba mentioned in Act 8 of 1853.

The District of Ratnagiri. 

The District of Kanara.