Govt. Circular Dt. 23rd October, 2012 – Department of Revenue and Forest – Sub- Displaying Form -18 Certificate on Leasehold and Occupancy Rights Government Lands in Maharashtra
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Government Lands
Displaying Form-18 Certificate under Rule-49 in respect of the Government Lands granted on Leasehold and Occupancy Rights basis in the conspicuous parts of the building/boundary wall on the concerned land
Government of Maharashtra
Government Circular No:- Jamin-08/2012/Pra.Kra.51/J-1
Department of Revenue and Forest
World Trade Centre, 32nd Floor, Mumbai -05
Dated 23rd October, 2012
Preface:-
For the implementation of the provisions of Sections- 20,31, 35, 38, 40, 51 and 72 of the Maharashtra Land Revenue Code, 1966 and in the exercise of the powers conferred under Section 328 and 329, thereof, the Maharashtra Land Revenue (Disposal of Government Lands) Rules- 1971 have been framed. Part V of the said Rules viz. Grant of land for both agricultural and non-agricultural purposes,contains Rule- 49 under the heading of C-General, which provides for “Certificate for the Grant of Land”. The said Rule 49 – “Certificate for the Grant of Land” contains the following provision:-
* Rule 49:- Where any land is granted either in occupancy rights or in leasehold rights under the provisions of these rules {Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971}, the Tahsildar shall issue a certificate in Form XVIII appended to these rules.
* Form XVIII contains a Form for the grant of certificate and it contains such information as premium for the occupancy rights, period of occupancy rights/occupancy rights in perpetuity etc. and also provides that of the duplicate copies of the certificate one copy shall be given to Occupant/Lessee and the other copy shall be filed with the record of the case etc.
02. In various districts of the State, government lands have been granted, from time to time, on Leasehold and Occupancy Rights basis for educational, charitable, public and residential purposes, having due regard to the provisions of the said Rules and the prevailing Government Policy. Under Government Circular bearing No. LeKhaPa-03/2011/Pra.Kra.159/J-1, Dt. 03.03.2012, instructions have been issued to maintain separate Registers for the government lands granted for such purposes. Apart from this, the Government contemplated the matter of issuing comprehensive instructions in the matter of government lands which are granted on occupancy rights and leasehold basis to display in the conspicuous parts of the concerned land or building, a certificate regarding grant of such lands, for the purpose of administrative convenience. Accordingly, the Government has resolved to issue the instructions as set out, herein below:-
Government Circular:-
Rule 49- “Certificate for the Grant of Land” under the heading C-General contained in Part- V of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 viz. “Grant of Land for both agricultural and non-agricultural purposes”, is self-clear. In view of the said provisions, all Divisional Commissioners and all District Collectors, as well as concerned Revenue Officers are given the following instructions under Section 13(7) of the Maharashtra Land Revenue Code, 1966, as set out hereunder:-
01. Under the provisions of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 and the prevailing Government Policy, government lands have been granted, from time to time, for various purposes by way of occupancy rights and lease. While granting such lands for various purposes to the concerned parties, Tahsildars have issued to them Certificates regarding grant of government land in “Form-18” as per the provisions of Rule- 49 of the said Rules. On such government lands, the Certificate in said Form should be displayed in some conspicuous part of the building/building wall by way of administrative convenience. The said Certificate should be affixed or displayed in the conspicuous part in bold typeface and it should be of appropriate size and durable nature, so that the members of the public and the administration shall notice such matter continuously. Hence, disputes arising out of ownership rights and encroachments, as well as other disputes can be averted. Moreover, it will lead to administrative convenience and will help to bring about transparency.
02. All concerned parties should complete such action in the next six months.
03. This Government Circular has been made available on the website of the Government of Maharashtra and its Computer Code Number is 201210231506101119.
By the order and in the name of the Governor of Maharashtra,
Sd/- 23/10/12
[Sunil Kothekar]
Desk Officer, Government of Maharashtra
Copy:-
[1] The Accountant General (Accounts/Entitlement), Mumbai/Nagpur,
[2] The Accountant General (Audit), Mumbai/Nagpur,
[3] The Private Secretary/S.D.O to the Hon’ble Minister (Revenue), Mantralaya, Mumbai-32,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue) World Trade Centre, 32nd Floor, Mumbai- 05,
[5] The S.D.O to the Hon’ble A.C.S (Revenue), Department of Revenue and Forest, Mumbai -05,
[6] All Divisional Commissioners,
[7] The Settlement Commissioner, Maharashtra State, Pune,
[8] All District Collectors,
[9] All Additional District Collectors,
[9] Joint Secretaries/Deputy Secretaries, Department of Revenue and Forests, World Trade Centre, 32nd Floor, Mumbai,
[10] All Resident Deputy Collectors in the office of District Collectors,
[11] All Deputy Commissioners in the offices of Divisional Commissioners,
[12] All Tahsildars,
[12] All Desks in “J” Group, Department of Revenue and Forest, World Trade Centre, 32nd Floor, Mumbai-05,
[13] The Section Officer (L-1 Cell), Department of Revenue and Forests, World Trade Centre, 32nd Floor, Mumbai- 05,
[14] Select File (J-1).
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[Text Translated by Adv. Prakash Manohar Chalke
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