Vol. 2 · pages 111–115

92 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 9. Amendment of section 21 of Bom. HI of 1874.— In section 21 for the words “such periods” the words “a period of 10 years” shall be substituted. 10. Amendment of section 83 of Bom. III of 1874.—For section 83, the following shall be substituted : — “83. Except as is otherwise provided for in section 18, Government shall have power to make rules laying down the duties that are to appertain to any hereditary office. Provided that the rules made under this section shall be laid on the table of the Legislature for not less than one month previous to the next session thereof and shall be liable to be rescinded or modified by a resolution of the Legislature. If any rule is modified or rescinded, Government shall accept the modification and republish the rule accordingly or shall rescind the rule.” Statement for Objects and Reasons Three purposes underly the Bill. First is to permit commutation of the watan at the option of the holder, second to provide better security for the payment of the remuneration of certain classes of watandars and the third purpose is to provide for specification by rules of the duties to be performed by the watandars. Sections 2-6 are designed to give effect to the first of these purposes. Sections 7-9 are intended to carry out the second purpose and section 10 is to meet the third purpose of the Bill,— (i) Section 2 allows a watandar who wishes to do so to free himself from the liability to serve as a watandar without involving a loss to his right to the land which formed part of his watan. While it allows such a watandar to retain the land it does not involve any loss to Government because Government will be entitled to recover from him full survey assessment. (ii) Sections 3 and 4 are formal. (iii) Section 5 makes it possible for one or some of the joint owners of the watan to apply for being relieved from service. (iv) Section 6 is intended to define more accurately who shall be liable for service to the community by the use of the word “primarily”. (v) Section 7 provides that there shall be no discretion left to the Collector in determining whether the collection shall be made in kind or in money. (vi) Section 8 adds four new sections to the Act. —Section 19A gives the right to watandars to apply to the Collector to convert payment in kind into payment in money and requires the Collector to convert the same in its money equivalent. Section 19B places an obligation on the Collector to collect the money cess as part of the land revenue if required to do so by the watandars. Section 19C gives the Collector the power in cases where the remuneration of the watandar is a joint payment for services to Government as

93 A BILL TO AMEND THE BOMBAY HEREDITARY OFFICES ACT well as to the ryots to decide how much of it is for services to Government and how much is for services to the ryots. Section 19D gives an option to the watandar to free himself from the liability to serve the ryots subject to his foregoing any claim to that part of the remuneration fixed by the Collector under section 19C as being due for services rendered to the ryots. (vii) Section 9 fixes 10 years as the maximum period for any settlement made by the Collector under section 21 in respect of the profits of the watan. (viii) Section 10 merely requires that the duties to be performed shall be laid down by rules. (Signed) B. R. A MBEDKAR H. K. CHAINANI, Secretary to the Bombay Legislative Assembly. Poona, 18th October 1937. zz

18 *ON THE HEREDITARY OFFICES ACT AMENDMENT BILL No. XXIII OF 1937 Dr. B. R. Ambedkar (Bombay City): Sir, I rise to move for leave to introduce a Bill to amend the Bombay Hereditary Offices Act III of 1874. Three purposes underlie the Bill. The first is to permit commutation of the watan at the option of the holder, the second to provide better security for the payment of the remuneration of certain classes of watandars, and the third purpose is to provide for specification by rules of the duties to be performed by the watandars. Sections 2-6 are designed to give effect to the first of these purposes. Sections 7-9 are intended to carry out the second purpose and section 10 is to meet the third purpose of the Bill. Section 2 allows a watandar who wishes to do so to free himself from the liability to serve as a watandar without involving a loss to his right to the land which formed part of his watan. While it allows such a watandar to retain the land, it does not involve any loss to Government because Government will be entitled to recover from him full survey assessment. Sections 3 and 4 are formal. Section 5 makes it possible for one or some of the joint owners of the watan to apply tor being relieved from service. Section 6 is intended to define more accurately who shall be liable for service to the community by the use of the word “primarily”. Section 7 provides that there shall be no discretion left to the Collector in determining whether the collection shall be made in kind or in money. Section 8 adds four new sections to the Act Section 19A gives the right to watandars to apply to the Collector to convert payment in kind into payment in money and requires the Collector to convert the same in its money equivalent Section 19B places an obligation on the Collector to collect the money cess as part of the land revenue if required to do so by the watandars. Section 19C gives the Collector the power in cases where the remuneration of the watandar is a joint payment for services to Government as well as to *B.L.A. Debates, Vol. 1, pp 1091-92, dated 17th September 1937. The Bill introduced by Dr. Ambedkar is reproduced at pages 90-93

95ON THE HEREDITARY OFFICES ACT AMENDMENT BILL the ryots to decide how much of it is for services to Government and how much is for services to the ryots. Question put, and leave granted. Dr. B. R. Ambedkar: Sir, I introduce the Bill. The Honourable the Speaker: The Bill is introduced. zz

19 *BILL No. XX OF 1937 TO ABOLISH THE KHOTI SYSTEM The following Bill for the introduction of which leave was granted to Dr. B. R. Ambedkar, M.L.A., at the meeting of the Bombay Legislative Assembly on the 17th September 1937 is published under rule 20 of the Bombay Legislative Assembly Rules : — BILL No. XX OF 1937 A Bill to abolish the Khoti System WHEREAS it is desirable and necessary to abolish the system of revenue farming known as the Khoti System and to extend the principles of the Rayatwari System as being more beneficial to the area where the Khoti System is in operation; It is hereby enacted as follows : — 1. Short title and extent. —This Act shall be called “The Khoti Abolition Act, 1937.” It shall extend to the whole of the Presidency of Bombay. 2. Aboition of Khoti System. —After the passing of this Act it shall be lawful for Government by notification in the Government Gazette to declare that the Khoti Rights of a particular khot or of khots in a particular area are abolished from such date as may be mentioned in the said notification. 3. After notification Khot not entitled to act as Khot and Government not bound to employ or recognise him as Khot. —From the date of any such notification so much of any law, custom or usage now in force which entitles the Khot to act as a Khot or which requires Government to employ or recognise a Khot or which confers upon him the rights of Khot shall cease to be enforced in any suit or proceedings in any Court. 4. After notification Khot free from liability in respect of revenue. —From the date of any such notification the Khot shall be free from any liability to Government relating to revenue becoming due after the date of the notification. 5. Compensation to Khots. —(i) It shall be lawful for Government to pay reasonable compensation to the Khot for the loss of his rights as a Khot suffered by him in consequence of the notification : Provided that the compensation shall not exceed one per cent. of the assessment leviable under the Land Revenue Code in respect of the land held by him as Khot. *The Bombay Government Gazette, Part V, dated October 21, 1937, pp. 88-94.