Report No. 249

36. Broach and Kaira Incumbered Estates Act, Act 14 of 1877

Category: Land Laws

Recommendation: Repeal in consultation with relevant State(s)

This Act was enacted to relieve from encumbrances the Thakurs in the districts of Broach and Kaira who were in debt, and whose property was subject to mortgages, charges and liens. The Act laid down a procedure by which these Thakurs could make an application to the concerned authority for relief. Thakurs, for the purpose of this Act, meant taluqdars, jagirdars and kasbatis.

The taluqdari and jagirdari systems do not exist now. Also, Broach and Kaira were districts in the erstwhile Presidency of Bombay. Broach now exists as Bharuch in the State of Gujarat and Kaira is a district in present-day Maharashtra. This Act was largely repealed by the Broach and Kaira Incumbered Estates Act, 1881, but a few sections remain on the books.

It is now in disuse, and the Central Government should write to the relevant State Governments recommending the review of this law by the State, with a view to repeal. The Central Government should also remove this law from its lists of central Acts in force.