Govt. Circular Dt. 7th June, 2018 – Department of Revenue and Forest – Sub- Directions to Field Revenue Authorities regarding Conversion of Bhumiswami and Bhumidhari Lands in Vidarbha into Occupant Class-1
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Regarding Issue of Directions in the nature of Guidelines to Field Revenue Authorities vis-à-vis Conversion of Bhumidhari and Bhumiswami Tenure Lands with restrictions on transfer held in Vidarbha, into Occupant Class-1
Government of Maharashtra
Department of Revenue and Forest
Government Circular No:- Jamin-2018/Pra.Kra.35/J-1,
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated 7th June, 2018
Vide:-
1] Government Circular No:- Jamin-12/2011/Pra.Kra.180/J-1, Dt. 02.01.2012.
2] Maharashtra Government Ordinance No:-9/2018, Dt. 21/04/2018.
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Government Circular:-
Section 29 of the Maharashtra Land Revenue Code, 1966 (Maharashtra Act 41 of 1966), contains a provision regarding the classes of persons holding lands in the State. Sub-clause (i) of clause (b) of Sub-Section (3) of the aforesaid Section 29 provides that those persons who hold lands in Vidarbha in Bhumiswami Rights with restrictions on the right to transfer or in Bhumidhari rights under the Madhya Pradesh Land Revenue Code, 1954 (M.P. Act 2 of 1955) shall be included in Occupant Class-2.
On 21.04.2018, the Hon’ble Governor, with a view to making appropriate modifications to the above referred provisions of the Maharashtra Land Revenue Code, 1966 (Maha Act 41 of 1966), promulgated an Ordinance amending Section 29, Section 246 and Section 328 of the Maharashtra Land Revenue Code, 1966. As a result of the aforesaid Amendment, the lands held in Bhumidhari Rights and lands held in Bhumiswami Rights with restrictions on the right to transfer are now treated as Occupant Class-1. Pursuant to the said Ordinance, it is imperative to make entries in the Record of Rights concerning the lands held in Bhumidhari Rights and the land held in Bhumiswami Rights with restrictions on the right to transfer as Occupant Class-1 Tenure Rights and for this purpose, directions in the nature of Guidelines are hereby issued under this Government Circular to adopt the procedure described hereinunder:-
(1) District Collectors should issue directions to the concerned Tahsildars to make village-wise Lists of the lands held in Bhumidhari Rights or the lands held in Bhumiswami Rights with restrictions on the right to transfer in the former Central Province under the Madhya Pradesh Land Revenue Code, 1954. While preparing such lists, details, such as, Gutt Numbers, Survey Numbers, area of land and such other essential information should be included.
(2) Once such village-wise lists are prepared, the concerned Tahsildar should scrutinize them and satisfy himself that, other than lands held in Bhumidhari Rights and Bhumiswami Rights with restrictions on the right to transfer, such lists do not include other Occupant Class-2, Controlled Tenure Type or Leasehold Lands and accordingly, make an endorsement to that effect on the list of each village.
(3) District Collectors should implement a time-bound for the preparation of village-wise lists as described above, scrutiny of such lists by Tahsildars and get the work done.
(4) Those villages for which the lists are so prepared, “Only one Mutation” should be recorded for the conversion of all lands in villages held in Bhumidhari Rights, as well as the land held in Bhumiswami Rights with restrictions on the right to Right to transfer, into Occupant Class-1, pursuant to the Amendment under the aforesaid Ordinance for the purpose of modification of Record of Rights. Moreover, in view of the provisions of the Maharashtra Land Revenue Code, 1966, Tahsildars of the concerned Talukas should take steps for certifying such mutations.
(5) District Collectors and the concerned Sub-Divisional Officers should monitor the work of preparation of village-wise lists as per the instructions contained in Paragraphs 1,2,3 and 4 above, as well as approval of mutations.
(6) In view of the aforesaid Ordinance at Reference No.2 and the revised provisions of Section 246A, any application made by any person, whether in the nature of Appeal, Revision or otherwise, for the permission to hold land as Occupant Class-1, pending before any Revenue Officer of the State Government on the date of commencement of the Maharashtra Land Revenue Code (Amendment) and Maharashtra Land Revenue (Permitting inclusion of Certain Bhumidharis in Occupant Class-1) Rules, (Repeal) Ordinance, 2018, shall lapse with effect from the date of commencement of the said Ordinance i.e. 21st April, 2018. Hence, such cases should be closed immediately.
This Government Circular has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201806071649129019. This Resolution is attested and issued under Digital Signature.
By the Order and in the Name of the Governor of Maharashtra,
Rajendra Kshirsagar – Digital Signature
[Rajendra Kshirsagar]
Joint Secretary to the Government
Copy:-
1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, Mumbai,
2] The Additional Chief Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mantralaya, Mumbai-32,
3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai-32,
4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai,
5] The Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32,
6] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai-32,
7] The Principal Secretary (A & R), Department of Revenue and Forest, Mantralaya, Mumbai-32,
8] The Accountant General (Audit)(Accounts & Entitlement), Maharashtra State, Mumbai/Nagpur,
9] The S.D.O/Personal Assistant to the Additional Chief Secretary (Revenue), Mantralaya, Mumbai,
10] The Principal Secretary, Legislature Secretariat, Vidhan Bhawan, Mumbai,
11] All Divisional Commissioners,
12] The Settlement Commissioner and the Director of Land Records, Maharashtra State, Pune,
13] All District Collectors/Additional Collectors,
14] The Directorate of Information and Public Relations, Mantralaya, Mumbai-32,
15] The Joint Secretary/Deputy Secretary (J-1/J-1A/L-1), Department of Revenue and Forest, Mantralaya, Mumbai,
16] All Administrative Departments in Mantralaya,
17] All Joint Secretaries/Deputy Secretaries in “J” Group, Department of Revenue and Forest,
18] All Under Secretaries/Section Officers in “J” Group, Department of Revenue and Forest, Mumbai,
19] Select File (Desk-J-1)
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[Text Translated by Adv. Prakash Manohar Chalke
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