THE MAHARASHTRA LAND REVENUE CODE, 1966

THE MAHARASHTRA LAND REVENUE CODE, 1966

(MAHARASHTRA ACT NO. XLI  OF 1966)

(As modified upto the 26^th May, 2010)

THE MAHARASHTRA LAND REVENUE CODE, 1966

(MAHARASHTRA ACT NO. XLI  OF 1966)

                                                                            (22^nd December, 1966)

            An Act to unify and amend the law relating to land and land revenue in the State of Maharashtra.

 

Whereas it is expedient to unify and amend the law relating to land and land revenue in the State of Maharashtra and to provide for matters connected therewith; it is hereby enacted in the Sixteenth Year of the Republic of India as follows:-

 

CHAPTER I

PRELIMINARY

 

1. Short title, extent and commencement,-

(1) This Act may be called the Maharashtra Land Revenue Code, 1966.

(2) This Code extends to the whole of the State of Maharashtra; but the provisions of Chapter III (except the provisions relating to encroachment on land), IV, V, VI, VII, VIII, IX, X, XI, XII (except, Section 242) and XVI (except Sections 327, 329, 330, 330A, 335, 336 and 333) shall not apply to the City of Bombay.

(3) It shall come into force in the whole of the State of Maharashtra, on such date as the State Government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions.

 

2. Definitions,-

In this Code, unless the context otherwise requires,-

(1) “agricultural year” means the year commencing on such date as the State Government may, by notification in the Official Gazette appoint.

(2) “alienated” means transferred in so far as the rights of the State Government to payment of rent or land revenue are concerned, wholly or partially, to the ownership of any person;

(3) “boundary mark” means any erection, whether of earth, stone or other material, and also any hedge, unploughed ridge, or strip of ground, or other object whether natural or artificial, set up, employed, or specified by a survey officer, or revenue officer having authority in that behalf, in order to designate the boundary of any division of land;

(4) “building” means any structure, not being a farm building;

(5) “building site” means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or courtyard enclosed by, or appurtenant to, any building erected thereupon;

(6) “certified copy” or “certified extract” means a copy or extracts the case may be, certified in the manner prescribed by Section 76 of the Indian Evidence Act, 1872;

(7) “chavdi” means the place ordinarily used by a village officer for the transaction of village business;

(8) “estate” means any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same;

(9) “farm building” means a structure erected on land assessed or held for the purpose of agriculture for all or any of the following purposes connected with such land or any other land belonging to or cultivated by the holder thereof, namely:-

(a) for the storage of agricultural implements, manure or fodder.

(b) for the storage of agricultural produce.

(c) for sheltering cattle.

(d) for residence of members of the family, servants or tenants of the holder, or

(e) for any other purpose which is an integral part of his cultivating arrangement;

(10) “gaothan” or “village site” means the land included within the site of a village, town or city as determined by Section 122;

(11) “Government lessee” means a person holding land from Government under a lease as provided by Section 38;

(12) “to hold land” or “to be a landholder or holder of land” means to be lawfully in possession of land, whether such possession is actual or not;

(13) “holding” means a portion of land held by a holder;

(14) “improvement” in relation to a holding, means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes,-

(a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

(b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;

(c) the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing of land;

(d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan required for the convenient or profitable use or occupation of the building; and

(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; but does not include,-

(i) temporary wells and such water-channels, embankments, leveling, enclosures or other works, or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or

(ii) any work which substantially diminishes the value of any land wherever situated, in the occupation of any other person, whether as occupant or tenant.

Explanation.- A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings.

(15) “joint holders” or “joint occupants” means holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, “holder” or “occupant”, as the case may be, means all the joint holders or joint occupants;

(16) “land” includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in, or charges on the revenue or rent of villages, or other defined portions of territory;

(17) “landlord” means a lessor;

(18) “land records” means records maintained under the provisions of, or for the purposes of this Code and includes a copy of maps and plans of a final town planning scheme, improvement scheme or a scheme of consolidation of holdings which has come into force in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise;

(19) “land revenue” means all sums and payments, in money, received or legally claimable by or on behalf of the State Government from any person on account of any land or interest in or right exercisable over land held by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the State Government under the provision, rent, lease money, quit rent, judi payable by a Inamdar or any other payment provided under any Act, rule, contract or deed on account of law.

(20) “legal practitioner” has the meaning assigned to it in the Advocates Act, 1961 (25 of 1961);

(21) “non-agricultural assessment” means the assessment fixed on any land under the provisions of this Code or rules thereunder with reference to the use of the land for a non-agricultural purpose;

(22) “occupancy” means a portion of land held by an occupant;

(23) “occupant” means a holder in actual possession of unalienated land, other than a tenant or Government lessee; Provided that, where a holder in actual possession is a tenant, the land-holder or the superior landlord, as the case may be, shall be deemed to be the occupant;

(24) “occupation” means possession.

(25) “to occupy land” means to possess or to take possession of land;

(26) “pardi land” means a cultivated land appertaining to houses within a village site;

(27) “population” in relation to any area means population as ascertained at the last preceding census of which the relevant figures have been published;

(28) “prescribed” means prescribed by rules made by the State Government under this Code;

(29) “recognised agent” means a person authorised in writing by any party to a proceeding under this Code to make appearances and applications and to do other acts on his behalf in such proceedings;

(30) “relevant tenancy law” means,-

(a) in the Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom LXVII of 1948);

(b) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. XXI of 1950); and

(c) in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958);

(31) “revenue officer” means every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith;

(32) “revenue year” means the year commencing on such date as the State Government may, by notification in the Official Gazette, appoint;

(33) “saza” means a group of villages in a taluka which constitute a saza under Section 4;

(33A) “storage device” means an Electronic Device for retention of data in computer and shall include both hardware and software;

(34) “Sub-Divisional Officer” means an Assistant or Deputy Collector who is placed in charge of one or more sub-divisions of a district;

(35) “sub-division of a survey number” means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion;

(36) “survey mark” means for the purpose of this Code, a mark erected for purposes of cadastral survey of land;

(37) “survey number” means a portion of land of which the area and assessment are separately entered, under an indicative number in the land records and includes,-

(i) plots reconstituted under a final town planning scheme, improvement scheme or scheme of consolidation of holdings which has come into force in any area under any law; and

(ii) in the districts of Nagpur, Wardha, Chanda and Bhandara any portion of land entered in the land records under any indicative number known as the Khasra number;

(38) “superior holder’ except in Chapter XIV means a land-holder entitled to receive rent or land revenue from other land-holders (called “inferior holders”) whether he is accountable or not for such rent or land revenue, or any part thereof, to the State Government:

Provided that, where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies by a holder of alienated land whose name is authorisedly entered as such in the land records, such holder shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him, and the grantee shall with reference to the grantor, be deemed to be the inferior holder of such land, and for the purposes of Sections 147, 151 and 152 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), shall notwithstanding anything hereinafter contained in the definition of the word “tenant”, be deemed to be the tenant of such grantor;

(39) “survey officer” means an officer appointed under, or in the manner provided by Section 8;

(40) “tenant” means a lessee, whether holding under an instrument, or under an oral agreement, and includes a mortgagee of a tenant’s rights with possession; but does not include a lessee holding directly under the State Government;

(41) “unoccupied land” means the land in a village other than the land held by an occupant, a tenant or a Government lessee;

(42)” urban area” means an area included within the limits of any municipal corporation, municipal council, constituted under the relevant law for the time being in force and the expression “non-urban area” shall be construed accordingly;

(43)” village ” includes a town or city and all the land belonging to a village, town or city;

(44)” wada land ” means an open land in village site used for tethering cattle or storing crops or fodder, manure or other similar things.

                                                                    

Revenue Areas

 

3. Division of State into revenue areas,-

For the purpose of this Code, the State shall be divided into divisions which shall consist of one or more districts (including the City of Bombay), and each district may consist of one or more sub-divisions and each sub-division may consist of one or more talukas, and each taluka may consist of certain villages.

 

4. Constitution of revenue areas,-

(1) The State Government may, by notification in the Official Gazette, specify-

(i) the districts (including the City of Bombay) which constitute a division;

(ii) the sub-divisions which constitute a district;

(iii) the talukas which constitute a sub-division;

(iv) the village which constitute a taluka;

(v) the local area which constitutes a village; and

(vi) alter the limits of any such revenue area so constituted by amalgamation, division or in any manner what so ever, or abolish any such revenue area and may name and after the name of any such revenue area; and in any case where any area is renamed, then all references in any law or instrument or other document to the area under its original name shall be deemed to be references to the area as renamed, unless expressly otherwise provided:

Provided that, the State Government shall, as soon as possible after the commencement of this Code, constitute by like notification every wadi, and any area outside the limits of the gaothan of a village having a separate habitation (such wadi or area having a population of not less than three hundred, as ascertained by a revenue officer not below the rank of a Tahsildar to be a village; and specify there in the limits of the village so constituted.

(2)The Collector may by an order published in the prescribed manner arrange the villages in a taluka which shall constitute a saza; and the sazas in a taluka which shall constitute a circle and may after the limits of, or abolish any saza or circle, so constituted,

(3)The divisions, districts, sub-divisions, talukas, circles, sazas and villages existing at the commencement of this Code shall continue under the names they bear respectively to be the divisions, districts, sub-divisions, talukas, circles, sazas and villages, unless otherwise altered under this section.

(4) Every notification or order made under this section shall be subject to the condition of previous publication; and the provisions of section 24 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall, so far as may be apply in relation to such notification or order, as they apply in relation to rules to be made after previous publication.

 

 

 

 

 

CHAPTER II

REVENUE OFFICERS: THEIR POWERS AND DUTIES

 

5. Chief Controlling authority in revenue matters,-

The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner, subject to the superintendence, direction and control of the State Government.

 

6.Revenue Officers in division,-          

The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient, to assist the Commissioner:

Provided that, nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.

 

7.Revenue officers in district,-  

(1)The State Government shall appoint a Collector for each district (including the City of Bombay) who shall be in charge of the revenue administration thereof; and a Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a taluka.

(2)The State Government may appoint one or more Additional Collectors and in each district (including the City of Bombay) and so many Assistant Collectors and Deputy Collectors (with such designations such as “First”, “Second”, Super numerary”, etc. Assistants as may be expressed in the order of their appointment), one or more Naib-Tahsildars in a taluka, and one or more Additional Tahsildars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient.

(3)Subject to the general orders of the State Government, the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district, or may himself retain charge thereof. Such Assistant or Deputy Collector may also be called a Sub-Divisional Officer.

(4) The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle, and one or more Talathis for a saza, and one or more Kotwals or other village servants for each village or group of villages, as he may deem fit.

 

8.Survey Officers,-            

For the purposes of Chapters V, VI, VIII, IX and X the State Government may appoint such officers as may from time to time appear necessary. Such officers may be designated “Settlement Commissioner”, “Director of Land Records” “Deputy Director of Land Records”, “Superintendents to Land Records”, “Settlement Officers”, “District Inspectors of Land Records” and “Survey Tahsildars”, or otherwise as may seem requisite.

 

9. Combination of officers,-

It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as may seem expedient.

 

9A. Delegation of powers,-

The State Government may, by order in the Maharashtra Official Gazette direct that the powers of the State Government to make appointments under section 7, section 8 or section 9 in respect of such revenue or survey officers and subject to such conditions, if any, may be exercisable also by such officer not below the rank of the Collector, or as the case may be, Superintendent of Land Records, as may be specified in the direction.

 

10. Temporary vacancies,-

If a Collector or Tahsildar is disabled from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies–

(a) the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy Collector of the highest rank in the district.

(b) the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior-most Subordinate Revenue officer in the taluka,  shall, unless other provision has been made by the State Government,  succeed temporarily to the office of the Collector, as the case may be of the Tahsildar and shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes charge of his district or taluka, or until such time as a successor is duly appointed and takes charge of his appointment.

            Explanation.– An officer whose principal office is different from that of an Assistant Collector, and who is working as an Assistant Collector for special purposes only, shall not be deemed as an Assistant for the purposes of this section.

 

11. Subordination of officers,-

(1) All revenue officers shall be subordinate to the State Government.

(2) Unless the State Government directs otherwise, all revenue officers in a division shall be subordinate to the Commissioner, and all revenue Officers in a district (including the City of Bombay)] shall be subordinate to the Collector.

(3) Unless the State Government directs otherwise, all other Revenue Officers Including survey officers shall be subordinated, the one to the other, in such order as the State Government may direct.

 

12. Appointments to be notified,-

The appointment of all officers of and above the rank of Tahsildar, or as the case may be, District Inspector of Land Records made under sections 6, 7, 8, and 9 shall be duly notified; but the appointment shall take effect from the date on which an officer assumes charge of his office.

 

13. Powers and duties of revenue officers,-

(1) The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner, Assistant Commissioner, Additional Collector or Additional Tahsildar), shall exercise the powers and discharge the duties and functions conferred and imposed on them respectively under this Code or under any law for the time being in force, and so far as is consistent therewith all such other powers, duties and functions of appeal, superintendence and control within their respective jurisdiction; and over the officers subordinate to them as may from time to time be prescribed by the State Government:

Provided that, the Collector may also exercise throughout his district all the powers and discharge all the duties and functions conferred or imposed on an Assistant or Deputy Collector under this Code or under any law for the time being in force and a Tahsildar shall also exercise such powers as may be delegated to him by the Collectors under the general or special orders of the State Government.

            Explanation.— In this proviso, the expression, “a Tahsildar” shall include, and shall be deemed always to have been included, the expression “an Additional Tahsildar”.

(2)The revenue officers aforesaid shall also, subject to the control and general or special orders of the State Government, exercise such powers and discharge such duties and functions, as the State Government, exercise such powers and discharge such duties and functions, as the State Government may by an order in writing confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.

(3)The Additional Commissioner and the Assistant Commissioner, and the Additional Collector and the Additional Tahsildar shall each exercise within his jurisdiction or part thereof such powers and discharge such duties and functions of the Commissioner, the Collector or, as the case may be, the Tahsildar under the provisions of this Code or under any law for the time being in force, as the State Government may, by notification in the Official Gazette, direct in this behalf.

(4)The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge:

Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector :

Provided further that, to such Assistant or Deputy Collector who is not placed in charge of a sub-division, the Collector shall, under the general orders of the State Government, assign such particular duties and power as he may from time to time deem fit.

(5) Subject to the orders of the State Government and of the Commissioner the Collector may assign to a Naib-Tahsildar within his local limits such of the duties, functions and powers of a Tahsildar as he may time to time deem fit.

(6) Subject to such general orders as may from time to time be passed by the Commissioner or Collector, a Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any portion of his ministerial duties:

Provided that, all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Naib-Tahsildar.

(7) In all matters not specially provided for by law, the revenue officers shall act according to the instructions of the State Government.

 

14. Powers and duties of Survey officers, circle officers, etc,-

(1) Subject to the orders of the State Government, the survey officers are vested with the cognizance of all matters connected with the survey, settlement and record of rights and shall exercise all such powers and perform all such duties as may be provided by this Code or any law for the time being in force.

            Provided that, a Deputy Director of Land Records shall exercise such powers and discharge such duties and functions, as are exercised or discharged by the Director of Land Records under this Code or under any law for the time being in force in such cases or classes of cases, as the State Government or Director of Land Records may direct.

(2)The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle and perform such duties and functions as may from time to time be prescribed.

(3)The Talathi shall be responsible for the collection of land revenue and all amounts recoverable as arrears of land revenue, and for the maintenance of the record of rights and shall perform all such duties and functions as are hereinafter provided by this Code or any law for the time being in force or by order of the State Government.

(4) Subject to the general orders of the State Government and the Commissioner, the Collector shall determine from time to what registers, accounts and other records shall be kept by a Talathi.

(5) It shall also be the duty of a Talathi to prepare, whenever called upon by any superior revenue or police officer of the taluka or district to do so all writings connected with the concerns of a village which are required either for the use of the Central or State Government or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters.

(6) All other revenue officers shall discharge such duties and functions as the State Government may direct.

 

15. Conferral by State Government of powers of revenue officers on other persons,-

The State Government may confer on any person possessing the prescribed qualifications, the powers conferred by this Code on an Assistant or Deputy Collector or Tahsildar.

 

16. Seals,-

The State Government shall from time to time by notification in the Official Gazette prescribe what revenue officers shall use a seal; and what size and description of seal shall be used by each of such officers.

 

Provisions for recovery of money, papers or other Government property.

 

17. Demands for money, papers, etc. to be made known in writing to person concerned, etc,-

(1) The Collector or the Superintendent of Land Records or any other officer deputed by the Collector or the Superintendent for this purpose, shall, in all cases in which he may have a claim on any revenue officer or on any person formerly employed as such in his department or district for public money or papers or other property of the State Government, by writing under signature and his official seal, if he uses one, require the money, or the particular papers or property detained to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify.

(2) If the officer or other person aforesaid does not discharge the money, or deliver up the papers or property as directed, the Collector, Superintendent or such other officer may cause him to be apprehended, and may send him with a warrant, in the form of Schedule A, to be confined in a civil jail till he discharges the sums or delivers upto the papers or property demanded from him.

Provided that, no person shall be detained in confinement by virtue of any such warrant for a longer period than one calendar month.

 

18. Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for recovery of papers or property,-

(1) The Collector of his own motion if the officer or other person is or was serving in his department and district, and upon the application the Superintendent of Land Records if such officer or person or was serving in the survey department in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in this Code for the recovery of arrears of land revenue from defaulters and for the purposes of recovering public papers or other property of the Government may issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the *Code of Criminal Procedure, 1898.

(2) It shall be the duly of all persons in possession of such public moneys, papers or other property of the Government to make over the same forthwith to the Collector, and every person knowing where any such property is concealed shall be bound to give information of the same to the Collector.

 

Note:- * See now the Coe of Criminal Procedure, 1973 (2 of 1974)

 

19. Officer or person in jail may secure his release by furnishing security,-

If an officer or other person referred to in section 17 against whom a demand is made shall give sufficient security in the form in Schedule B, the Collector shall cause such officer or person if in custody to be liberated and countermand the sale of any property that may have been attached and restore it to the owner.

 

 

 

Chapter III

Of Lands.

 

20. Title of State in all lands, public roads, etc. which are not property of others,-

(1) All public roads, lanes and paths, the bridges, ditches, dikes and fences on, or beside the same, the bed of the sea and of harbours and creeks below the high water mark, and of rivers, streams, nallas, takes and tanks and all canals and watercourses, and all standing and flowing water, and all lands wherever situated, which are not the property of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force are and are hereby declared to be, with all rights in or over the same, or appertaining thereto, the property of the State Government and it shall be lawful for the Collector, subject to the order of the Commissioner, to dispose of them in such manner as may be prescribed by the State Government in this behalf, subject always to the rights of way, and all other rights or the public or of individuals legally subsisting.

            Explanation.— In this section, “high water-mark” means the highest point reached by ordinary spring tides at any season of the year.

(2) Where any property or any right in or over any property is claimed by or on behalf of the Government or by any person as against the Government, it shall be lawful for the Collector or a survey officer, after formal inquiry of which due notice has been give, to pass an order deciding the claim.

(3) An order passed by the Collector or survey officer under sub-section (1) or sub-section (2) shall be subject to one appeal and revision in accordance with the provisions of this Code.

(4) Any suit instituted in any civil court after the expiration of one year from the date of any order passed under sub-section (1) or sub-section (2) or, if appeal has been made against such order within the period of limitation, then from the date of any order passed by the appellate authority, shall be dismissed (though limitation has been not set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order,

Provided that in the case of an order under sub-section (2) the plaintiff has had due notice of such order.

(5) Any person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the State Government.

 

21. Extinction of rights of public in or over any public-road, lane or path not required for use of public,-

(1) Whenever it appears to the Collector that any public road, lane or path which is the property of the State Government or part thereof (hereinafter in this section referred to as the Government road), is not required for the use of the public, the Collector may, by a notification published in the Official Gazette, make a declaration to that effect and state in such declaration that it is proposed that the rights of the public in or over such Government road (of which the situation and limits as far as practicable are specified) shall subject to the existing private rights, if any, be extinguished.

(2) On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such Government road, and shall invite objections to the proposal aforesaid.

(3) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over such Government road, or having any other interest or right which, is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1), state to the Collector in writhing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount any particulars of his claim to compensation for such interest or right:

Provided that, the Collector may allow any person to make such a statement after a period of ninety days aforesaid if he is satisfied that such person had sufficient cause for not making it within that period.

(4) The Collector shall give every person who has made a statement to him an opportunity of being heard either in person or by legal practitioner and shall after hearing all such persons in such manner and after making such further inquiry if any, as he thinks necessary, is satisfied that the Government road is not required for the use of the public, make a declaration which shall be published in the Official Gazette that all rights of the public, in or over such Government road are extinguished, and all such rights shall thereupon be extinguished, and such Government road shall, subject to any existing private rights, be at the disposal of the Government with effect from the date of such declaration. The Collector shall also determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as aforesaid. The provisions of sections 9, 10, 11, 12, 13, 14, and 15 of the Land Acquisition Act, 1894 (I of 1894), shall, so far as may be, apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section.

Provided that, no compensation shall be awarded for the extinction or diminution of the right of public highway over such Government road.

(5) The decision of the Collector under sub-section (4) as respects the extinguishment of the rights of the public on or over Government road and the amount of compensation and the persons to whom such compensation, if any, is payable shall, subject to the decision of the Commissioner in appeal, be final; and payments of compensation shall be made by the Collector to such persons accordingly.

            Provided that, if payment is not made within six months from the date of the final order, the Collector shall pay the amount awarded with interest thereon at the rate of six per cent per annum from the date of the final order.

 

22. Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of Collector,-

Subject to the general orders of the State Government, it shall be lawful for a survey officer during the course of survey operations under this Code, and at any other time for the Collector, to set apart unoccupied lands (not in the lawful occupations of any person), in village or parts thereof for forest or fuel reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial or cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for skinning ground, for public purposes such as roads, lanes, parks, drains or for any other public purpose; and, the lands assigned shall not be otherwise used without the sanction of the Collector and in the disposal of lands under section 20 due regard shall be had to all such special assignments.

 

23. Regulation of use of pasturage,-

The right of grazing on free pasturage lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned, and shall be regulated according to rules made by the State Government in this behalf. The Collector’s decision in any case of dispute as to the right of grazing aforesaid shall, subject to one appeal only according to the provisions of this Code, be conclusive.

 

24. Recovering value of natural products unauthorisedly removed from certain lands,-

Any person who unauthorisedly removes from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product (not being trees) shall be liable to the Government for the value thereof, and in addition, to a fine not exceeding five times the value, of the natural product so removed. Such value and fine shall be recoverable from him as an arrear of land revenue.

 

25. Right to trees in holdings,-

(1) With effect from the commencement of this Code, the right to all trees standing or growing on any occupied land shall vest in the holder thereof but if the State Government is of opinion that it is necessary to prohibit or regulate the cutting of certain trees for preventing erosion of soil, it may by rules prohibit or regulate the cutting of such trees.

(2) Nothing in sub-section (1) shall affect in any area any right in trees in the holding of an occupant in favour of any person existing on the 1st day of October 1955, but the occupant may apply to the Collector to fix the value of such right and purchase the right through the Collector in such manner as may be prescribed.

(3) Any sale or agreement for sale of trees, made by any person before the, commencement of this Code in anticipation of the vesting such trees in him by virtue of the provisions of this section shall be void, and any consideration given for such sale or agreement shall be refunded.

 

26. Trees and forests vesting in Government,-

The right to all trees, brushwood, jungle or other product growing on land set apart for forest reserves under section 22, and to all trees, brushwood, jungle or other natural product, wherever growing, except in so far as the same may be the property of persons capable of holding property, vests in the State Government and such trees, brushwood, jungle or other natural product shall be preserved or disposed of in such manner as the State Government may from time to time prescribe, by rules made in this behalf.

 

27. Recovery of value of trees, etc. unauthorisedly appropriated,-

Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof which is the property of the Government shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of Government property.

 

28. Regulation of cutting and supply of wood, etc,-

(1) Where trees are standing any reserved forest, the villagers in general may take firewood, and agriculturists such wood as may be required for agricultural implements, without payment of any tax but subject to rules made by the State Government.

(2) In lands which have been set apart under section 22 for forest reserves subject to the privileges of the villagers or of certain classes of person to cut firewood or timber for domestic or other purposes, and in all other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges shall be regulated by rules made by the State Government in this behalf. In case of dispute as to the mode or time of exercising any such privileges, the decision of the Collector shall, subject to one appeal only in accordance with the provisions of this Code, be final.

 

Of the Grant of land

 

29. Classes of persons holding land,-

(1) There shall be under this Code the following classes of persons holding land from the State, that is to say

(a) Occupants – Class I,

(b) Occupants – Class II,

(c) Government lessees.

(2) Occupants – Class I shall consist of persons who,-

(a) hold unalienated land in perpetuity and without any restrictions on the right to transfer;

(b) immediately before the commencement of this Code hold land in full occupancy or Bhumiswami rights without any restrictions on the right to transfer in accordance with the provisions of any law relating to land revenue in force in any part of the State immediately before such commencement; and

(c) notwithstanding any notification or order issued under section 150 of the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955), are holders of land in Bhumidhari rights in any local area in Vidarbha and are permitted hereafter, subject to rules made by the State Government in this behalf, on payment of a premium (not exceeding three times the assessment payable in respect of such land) to be included in Occupants- Class I.

(3) Occupants- Class II shall consist of persons who,-

(a) hold unalienated land in perpetuity subject to restrictions on the right to transfer;

(b) immediately before the commencement of this Code hold-

(i) land 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. II of 1955); and

(ii) Elsewhere hold land in occupancy rights with restrictions on the right to transfer under any other law relating to land revenue; and

(c) before the commencement of this Code have been granted rights in unalienated land under leases which entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants- Class II shall apply to them as if they were Occupants-Class II under this Code.

 

30. Occupation of unalienated land granted under provisions of the code,-

Where any unoccupied land which has not been alienated, is granted to any person under any of the provisions of this Code, it shall be the duty of the Tahsildar of, without delay to call upon such person to enter upon the occupation of such land in accordance with the terms of the grant.

 

31. Unoccupied land may be granted on conditions,-

It shall be lawful for the Collector subject to such rules as may from time to time be made by the State Government in this behalf, to require the payment of a price for unalienated land or to sell the same by auction, and to annex such conditions to the grant as may be prescribed by such rules before land is entered upon under section 30. The price (if any) paid for such land shall include the price of the Government right to all trees thereon and shall be recoverable as an arrear of land revenue.

 

32. Grant of alluvial land vesting in Government,-

(1) When it appears to the Collector that any alluvial land, which vests under any law for the time being in force in the State Government, may with due regard to the interests of the public revenue be disposed of, he shall, subject to the rules made by the State Government in this behalf, offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed. The price of the land so offered shall not exceed three times the annual assessment thereof.

(2) If the occupant does not accept the offer, the Collector may dispose of the land without any restrictions as to price.

            Explanation,- For the purpose of this section, not withstanding anything contained in clause (24) of section 2, if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.

 

33. Temporary right to alluvial lands of small extent,-

When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled to the temporary use thereof, unless or until the area of the same exceeds one acre. When the area of the alluvial land exceeds one acre, it shall be at the disposal of the Collector subject to the provisions of section 32.

 

34. Disposal of intestate occupancies,-

(1) If an occupant dies intestate and without known heirs, the Collector shall take possession of his occupancy and may lease it for a period of one year at a time.

(2) If within three years of the date on which the Collector takes possession of the occupancy, any claimant applies for the occupancy, being restored to him, the Collector may, after such enquiry as he thinks fit, place such claimant in possession of the occupancy or reject his claim.

(3) The order of the Collector under sub-section (2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the Collector, file a suit to establish his title, and if such suit is filed, the Collector shall continue to lease out the land as provided in sub-section (2), till the final decision of the suit.

(4) If no claimant appears within three years from the date on which the Collector took possession of the occupancy or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Collector may sell the right of the deceased occupant in the occupancy by auction.

(5) Notwithstanding anything contained in any law for the time being in force, a claimant, who establishes his title to the occupancy which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale proceeds realised under sub-section (4), less all sums due on the occupancy on account of land revenue and the expenses of management and sale.

 

35. Disposal of relinquished or forfeited sub-division,-

(1) If any sub-division of a survey number is relinquished under section 55, such sub-division of a survey number shall be treated as Government waste land, and it shall be disposed of by the Collector in the manner provided in sub-section (2).

(2) The Collector shall, subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), offer such-division at such price not exceeding twenty-four times the assessment thereof as he may consider to be worth to the occupants or the other sub-divisions of the same survey number in such order as in his discretion he may deem fit; so however that the total holding of the grantee does not exceed the ceiling fixed in that behalf under any law for the time being in force in the State. In the event of all such occupants refusing to accept the offer, the sub-division shall be disposed of by the Collector, subject to the rules made by the State Government in that behalf, in the manner provided by section 31.

(3) If any sub-division of a survey number is forfeited for default in payment of land revenue, the Collector shall take possession of the sub-division and may lease such sub-division to the former occupant thereof or to the occupant of the other sub-divisions of the same survey number or to any other person for a period of one year at a time, so, however, that the total holding of such holder does not exceed the ceiling referred to in sub-section (2).

(4) If within three years of the date on which the Collector takes possession of the sub-division under sub-division (3), the former occupant thereof applies for the restoration of the occupant of the sub-divisions, the Collector may restore the sub-division to the occupant on the occupant paying the arrears of land revenue and a penalty equal to three times the assessment. If the occupant fails to get the occupancy of the sub-division restored to him within period aforesaid, the sub-division shall be disposed of by the Collector in the manner provided by sub-section (2).

            Explanation.- For the purposes of this section, notwithstanding anything contained in clause (23) of section 2, if any of the other sub-divisions have been mortgaged with possession, the mortgagers shall be deemed to the be occupants thereof.

 

36. Occupancy to be transferable and heritable subject to certain restrictions,-

(1) An occupancy shall, subject to the provisions contained in section 27 and to any conditions lawfully annexed to the tenure, and save as otherwise provided by law, be deemed an heritable and transferable property.

(2) Notwithstanding anything contained in the foregoing sub-section, occupancies of persons belonging to the Scheduled Tribes (hereinafter referred to as the ‘Tribals’) (being occupancies wherever situated in the State) shall not be transferred except with the previous sanction of the Collector.

Provided that nothing n this sub-section shall apply to transfer of occupancies made in favour of persons other than the Tribals (hereinafter referred to as the ` non-Tribals ‘) on or after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment ) Act, 1974 (Mah. XXXV of 1974).

(3) Where an occupant belonging to a Scheduled Tribe in contravention of sub-section (2) transfers possession of his occupancy, the transferor or any person who if he survives the occupant without nearer heirs would inherit the holdings, may, within thirty years of such transfer of possession, apply to the Collector to be placed in possession subject so far as the Collector may, in accordance with the rules made by the State Government in this behalf, determine to his acceptance of the liabilities for arrears of land revenue or any other dues which form a charge on the holding, and, notwithstanding anything contained in any law for the time being in force, the collector shall dispose of such application in accordance with the procedure which may be prescribed.

Provided that, where a Tribal in contravention of sub-section (2) or any law for the time being in force has, it any time before the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 (Mah. XXXV of 1974) transferred possession of his occupancy to an non-Tribal and such occupancy is in the possession of such non-Tribal or his successor-in-interest, and has not been put to any non-agricultural use before such commencement, then, the Collector shall, not withstanding anything contained in any law for the time being in force, either suo motu at any time or on application by the Tribal (or his successor-in-interest) made at any time within thirty years of such commencement, after making such inquiry as he thinks fit, declare the transfer of the occupancy to be invalid, and direct that the occupancy shall be taken from the possession of such non-Tribal or his successor-in-interest and restored to the Tribal or his successor-in-interest.

Provided further that where transfer of occupancy of a Tribal has taken place before the commencement of the said Act in favour of a non-Tribal, who was rendered landless by reason of acquisition of his land for a public purpose, only half the land involved in the transfer shall be restored to the Tribal.

(3A) Where any Tribal (or his successor-in-interest) to whom the possession of the occupancy is directed to be restored under the first proviso to sub section (3) expresses his unwillingness to accept the same, the Collector shall, after holding such inquiry as he thinks fit, by order in writing, declare that the occupancy together with the standing crops thereon, if any, shall with effect from the date of the order, without further assurance, be deemed to have been acquired and vest in the State Government.

(3B) On the vesting of the occupancy under sub-section (3A), the non-Tribal shall, subject to the provisions of sub-section (3C), be entitled to receive from the State Government an amount equal to 48 times the assessment of the land plus the value of improvements, if any, made by the non-Tribal therein to be determined by the Collector in the prescribed manner.

            Explanation.- In determining the value of any improvements under this sub section, the Collector shall have regard to

(i) the labour and capital provided or spent on improvements;

(ii) the present condition of the improvements;

(iii) the extent to which the improvements are likely to benefit the land during the period of ten years next following the year in which such determination is made;

(iv) such other factors as may be prescribed.

(3C) Where there are persons claiming encumbrances on the land, the Collector shall apportion the amount determined under sub-section (3B) amongst the non-Tribal and the person claiming such encumbrances, in the following manner, that is to say-

(i) if the total value of encumbrances on the land is less than the amount determined under sub-section (3B), the value of encumbrances shall be paid to the holder thereof in full;

(ii) if the total value of encumbrances on the land exceeds the amount determined under sub-section (3B), the amount shall be distributed amongst the holders of encumbrances in the order of priority.

Provided that, nothing in this sub-section shall affect the right of holder of any encumbrances to proceed to enforce against the non-Tribal his right in any other manner or under any other law for the time being in force.

(3D)The land vested in the State Government under sub-section (3A) shall, subject to any general or special orders of the State Government in that behalf, be granted by the collector to any other Tribal residing in the village in which the lands is situate or within five kilometers thereof and who is willing to accept the occupancy in accordance with the provisions of this Code and the rules and orders made thereunder and to undertake to cultivate the land personally, so, however, that the total land held by such Tribal, whether as owner or tenant, does not exceed an economic holding within the meaning of sub-section (6) of section 36 A.

(4) Notwithstanding anything contained in sub-section (1) or in any other provisions of this Code, or in any law for the time being in force it shall be lawful for an Occupant-Class II- to mortgage his property in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loan Act, 1883 (XIX of 1883), the Agriculturists Loans Act, 1884 (XII of 1984), or the Bombay Non-Agriculturists Loans Act, 1928 (Bom.III of 1928) or in favour of a co-operative society or the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955), or a corresponding new bank within the meaning of clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the Maharashtra State Financial Corporation established under the relevant law in consideration of a loan advanced to him by such co-operative society, State Bank of India, corresponding new Bank, or as the case may be, Maharashtra State Financial Corporation, and without prejudice to any other remedy open to the State Government, the co-operative society, the State Bank of India, the corresponding new bank, or as the case may be, the Maharashtra State Financial Corporation in the event of such occupant making default in payment of such loan in accordance with terms on which such loan is granted, it shall be lawful for the State Government, the co-operative society, the State Bank of India, the corresponding new Bank, or as the case may be, the Maharashtra State Financial Corporation to cause the occupancy to be attached and sold and the proceeds to be applied towards the payment of such loan.

The Collector may, on the application of the co-operative society, the State Bank of India, the corresponding new bank or the Maharashtra State Financial Corporation, and payment of the premium prescribed by the State Government in this behalf, by order in writing reclassify the occupant as Occupant-Class I; and on such reclassification, the occupant shall hold the occupancy of the land without any restriction on transfer under this Code.

            Explanation.- For the purposes of this section, “Scheduled Tribes ” means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India and persons, who belong to the tribes or Tribal communities, or parts of, or groups within tribes or tribal communities specified in part VIIA of the Schedule to the Order made under the said article 342, but who are not resident in the localities specified in that Order who nevertheless need the protection of this section and section 36A (and it is hereby declared that they do need such protection) shall, for the purposes of those sections be treated in the same manner as members of the Scheduled Tribes.

 

36A. Restrictions on transfers of occupancies by Tribals.,-

(1) Notwithstanding anything contained in sub-section (1) of section 36, no occupancy of a Tribal shall, after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act,, 1974, be transferred in favour of any non-Tribal by way of sale (including sales in execution of a decree of a Civil Court or an award or order of any Tribunal or authority), gift, exchange, mortgage, lease or otherwise, except on the application of such non-Tribal and except with the previous sanction-

(a) in the case of a lease or mortgage for a period not exceeding 5 years, of the Collector; and

(b) in all other cases, of the Collector with the previous approval of the State Government.

Provided that, no such sanction shall be accorded by the Collector unless he is satisfied that no Tribal residing in the village in which the occupancy is situate or within five kilometers thereof is prepared to take the occupancy from the owner on lease, mortgage or by sale or otherwise.

(2) The previous sanction of the Collector may be given in such circumstances and subject to such conditions as may be prescribed.

(3) On the expiry of the period of the lease or, as the case may be, of the mortgage, the Collector may, notwithstanding anything contained in any law for the time being in force, or any decree or order of any court or award or order of any Tribunal, or authority, either suo motu or on application made by the Tribal in that behalf, restore possession of the occupancy to the Tribal.

(4) Where, on or after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974 (Mah. XXXV of 1974), it is noticed that any occupancy has been transferred in contravention or sub-section (1) the Collector shall, not withstanding anything contained in any law for the time being in force, either suo motu or on an application made by any person interested in such occupancy, within thirty years from the date of the transfer of occupancy hold an inquiry in the prescribed manner and decide the matter.

(5) Where the Collector decides that any transfer of occupancy has been made in contravention of sub-section (1), he shall declare the transfer to be invalid, and thereupon, the occupancy together with the standing crops thereon, if any, shall vest in the State Government free of all encumbrances and shall be disposed of in such manner as the State Government may, from time to time direct.

(6) Where an occupancy vested in the State Government under sub-section (5) is to be disposed of, the Collector shall give notice in writing to the Tribal-transferor requiring him to be state within 90 days from the date of receipt of such notice whether or not he is willing to purchase the land. If such Tribal – transferor agrees to purchase the occupancy, then the occupancy may be granted to him if he pays the prescribed purchase price and undertakes to cultivate the land personally; so however that the total land held by such Tribal-transferor, whether as owner or tenant, does not as for as possible exceed an economic holding.

            Explanation.- For the purpose of this section, the expression “ economic holding” means 6.48 hectares (16 acres) of jirayat land, or 3.24 hectares (8 acres) of seasonally irrigated land, or paddy or rice land, or 1.62 hectares (4 acres) of perennially irrigated land, and where the land held by any person consists of two or more kinds of land, the economic holding shall be determined on the basis of one hectare of perennially irrigated land being equal to 2 hectares of seasonally irrigated land or paddy or rice land or 4 hectares of jirayat land.

 

36B. Damages for use and occupation of occupancies in certain cases,-

A non-Tribal who after the occupancy is ordered to be restored under either of the provisos to sub-section (3) of section 36 or after the occupancy is vested in the State Government under sub-section (3A) of section 36 or under sub-section (5) of section 36A continues to be in possession of the occupancy, then the non-Tribal shall pay to the Tribal in the former case, and to the State Government in the latter case, for the period from the year (following the year in which the occupancy is or is ordered to be restored to the Tribal or is vested in the State Government as aforesaid) till possession of the occupancy is given to the Tribal or the State Government, such amount for the use and occupation of the occupancy as the Collector may fix in the prescribed manner.

 

36BB. Pleaders, etc. excluded from appearance,-

Notwithstanding anything contained in this Act of any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under section 36, 36A or 36B before the Collector, the Commissioner of the State Government.

            Provided that, where a party is a minor or lunatic, his guardian may appear, and in the case of any other person under disability, his authorised agent may appear, in such proceedings.

            Explanation.- For the purpose of this section, the expression `pleader’ includes, an advocate, vakil or any other legal practitioner.

 

36C. Bar of Jurisdiction of Civil Court or authority,-

(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under sections 36, 36A or 36B required to be settled, decided or dealt with by the Collector.

            Explanation.- For the purpose of this section, a Civil Court shall include a Mamlatdar’s Court under the Mamlatdar’s Court Act, 1906 (Bom.II of 1906).

(2) No Civil Court or authority shall entertain an appeal or application against an order of the Collector under sections 36, 36A or 36B unless the appellant or applicant deposits such security as in the opinion of the Court or authority is adequate.

 

37. Occupants rights are conditional,-

An occupant is entitled to the use and occupation of his land in perpetuity conditionally on the payment of the amount due on account of the land revenue for the same, according to the provisions of this Code, or of any rules made under this Code or of any other law for the time being in force, and on the fulfillment of any other terms or conditions lawfully annexed to his tenure.

 

38. Power to grant leases,-

It shall be lawful for the Collector at any time to lease under grant or contract any unalienated unoccupied land to any person, for such period, for such purpose and on such conditions as he may, subject to rules made by the State Government in this behalf, determine, and in any such case the land shall, whether a survey settlement has been extended to it or not, be held only for the period and for the purpose and subject to the conditions so determined. The grantee shall be called a Government lessee in respect of the land so granted.

 

39. Occupant to pay land revenue and Government lessee to pay rent fixed,-

Every occupant shall pay as land revenue the assessment fixed under the provisions of this Code and rules made thereunder; and every Government lessee shall pay as land revenue lease money fixed under the terms of the lease.

 

40. Saving of powers of Government,-

Nothing contained in any provision of this Code shall derogate from the right of the State Government to dispose of any land, the property of Government, on such terms and conditions as it deems fit.

 

Of Use of Land

 

41. Uses to which holder of land for purposes of agriculture may put his land,-

(1) Subject to the provisions of this section, holder of any land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm building, construct wells or tanks or make any other improvements thereon for the better cultivation of the land, or its more convenient use for the purpose aforesaid.

(2) From the date of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 1986 (Mah. XXXII of 1986) (hereinafter in this section referred to as “such commencement date”) before erection any farm building or carrying out any work or renewal of, re-construction of, alterations in, or additions to, any such farm building, or any farm building erected before such commencement date on any land which is situated,-

(a) within the limits of-

(i) the Municipal Corporation of Greater Bombay,

(ii) the Corporation of the City of Pune,

(iii) the Corporation of the City of Nagpur and the area within eight kilometres from the periphery of the limits of each of these corporations;

(b) within the limits of any other municipal corporation constituted under any law for the time being in force and the area within five kilometeres from the periphery of the limits of each such municipal corporation;

(c) within the limits of the ‘A’ Class municipal councils and the area within three kilometeres from the periphery of the limits of each such municipal council;

(d) within the limits of the ‘B’ and ‘C’ Class municipal councils; or

(e) within the area covered by the Regional Plan, town planning scheme, or proposals for the development of land (within the notified area) or (an area designated as) the site of the new town, whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXII of 1966);

the holder or any other person referred to in sub-section (1), as the case may be, shall, notwithstanding anything contained in sub-clauses (d) and (e) of clause (14) of section 2, make an application, in the prescribed form, to the Collector for permission to erect such farm building or to carry out any such work of renewal, re-construction, alterations or additions as aforesaid.

(3) The Collector may, subject to the provisions of sub-section (4) and such terms and conditions as may be prescribed, grant such permission for erection of one or more farm buildings having a plinth area not exceeding the limits specified below:-

(i) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected exceeds 0.4 hectare but does not exceed 0.6 hectare, the plinth area of all such buildings shall not exceed 150 square metres; and

(ii) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected is more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that agricultural holding or 400 square metres, whichever is less:

            Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in part, for the residence of members of the family, servants or tenants of the holder, the plinth area of such buildings or buildings proposed to be used for residential purpose shall not exceed 150 square metres, irrespective of the fact that the area of the agricultural holding on which such building or buildings are proposed to be erected exceeds 0.6 hectare.

(4) The Collector shall not grant such permission –

(a)(i) if the area of the agricultural holding on which such building is proposed to be erected is less than 0.4 hectare;

(ii) if the height of such building from its plinth level exceeds 5 metres and the building consists of more than one floor, that is to say, more than ground floor;

(iii) for erection of more than one farm building for each of the purposes referred to in clause (9) of section 2;

(b) if any such work of erection involves renewal or re-construction or alternations or additions to an existing farm building beyond the maximum limit of the plinth area specified in sub-section (3) or beyond the limit of the height of 5 metres from the plinth level and a ground floor.

            Explanation.– For the purposes of sub-sections (3) and (4), if only one farm building is proposed to be erected on an agricultural holding, “plinth area” means the plinth area of that building, and if more than one farm buildings are proposed to be erected on an agricultural holding, “plinth area” means the aggregate of the plinth area of all such buildings.

(5) Where an agricultural holding is situated within the limits of any municipal corporation or municipal council constituted under any law for the time being in force, the provisions of such law or of any rules or bye-laws made thereunder, or of the Development Control Rules made under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or any rules, made by the State or Central Government in respect of regulating the building and control lines for different portions of National or State highways or major or other district roads or village roads shall, save as otherwise provided in this section, apply or continue to apply to any farm building or buildings to be erected thereon or to any work of renewal or reconstruction or alterations or additions to be carried out to the existing farm building or buildings thereon, as they apply to the building permissions granted or regulated by or under such law or Development Control Rules or rules in respect of regulating the building and control lines of highways or roads.

(6) Any land used for the erection of a farm building or for carrying out any work of renewal, re-construction, alterations or additions to a farm building aforesaid in contravention of the provisions of this section shall be deemed to have been used for non-agricultural purpose and the holder or, as the case may be, any person referred to in sub-section (1) making such use of land shall be liable to the penalties or damages specified in sections 43 or 45 or 46, as the case may be.

 

42. Permission for non-agricultural use,-

No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the grant or permission for non-agricultural purpose, except with the permission of the Collector.

 

43. Restriction on use,-

Subject to the rules made by the State Government in this behalf the Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue for purposes such as, cultivation of unarable land in a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material from the land assessed for the purpose of agriculture only, so as to destroy or materially injure the land for cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or any other material from the land assessed as a building site, excavation of land situated within a gaothan; and such other purposes as may be prescribed; and may summarily evict any person who uses or attempts to use the land for any such prohibited purpose.

 

44. Procedure for conversion of use of land from one purpose to another,-

(1) Subject to the provisions of sub-section (2) of section 42, if an occupant of unalienated land or a superior holder of alienated land or a tenant of such land—

(a) which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose, or

(b) if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or

(c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose,

such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.

(2)The Collector, on receipt of an application,–

(a) shall acknowledge the application within seven days;

(b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or superior holder or as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant or superior holder has not been obtained, or if it is not in accordance with the form prescribed,

(c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the State Government; or refuse the permission applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection.

(3) If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgement of the application, or from the date of receipt of the application– if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2), then within ninety days or as the case may be, within fifteen days from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions prescribed in the rules made by the State Government in respect of such user.

(4) The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the village officers the date on which the change of user of land commenced, within thirty days from such date.

(5) If the person fails to inform the Tahsildar within the period specified in sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder thereof in the form prescribed under the rules.

It shall be lawful for the Collector either of his own motion or on the application of a person affected by the error, to direct at any time the correction of any clerical or arithmetical error in the sanad arising from any accidental slip or omission.

 

44 A. No permission required for bona fide industrial use of land,-

(1) Notwithstanding anything contained in section 42 or 44, where a person desires to convert any land held for the purpose of agriculture or held for a particular non-agricultural purpose, situated,–

(i) within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii) within the area where no plan or scheme as aforesaid exists, for a bona fide industrial use; or

(iii) within the area undertaken by a private developer as a special township project,

then no permission for such conversion of use of land shall be required, subject to the following conditions, namely:-

(a) the person intending to put the land to such use has a clear title and proper access to the said land;

(b) such person has satisfied himself that no such land or part thereof is reserved for any other public purpose as per the Development plan (where such plan exists) and the proposed bona fide industrial use, or special township project, as the case may be, does not conflict with the overall scheme of the said Development plan;

(c) no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 (I of 1894) or the Maharashtra Industrial Development Act, 1961 (Mah.III of 1962) or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;

(d) such person ensures that the proposed industry or special township project, as the case may be, does not come up within thirty metres of any railway line or within fifteen metres of a high voltage transmission line;

(e) there shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefitted zones of irrigation project and also those pertaining to environment, public health, peace or safety.

Provided that, the provisions of this sub-section shall not apply to the areas notified as the Eco-sensitive Zone, by the Government of India.

(2) The person so using the land for a bona fide industrial use or special township project, as the case may be, shall give intimation of the date on which the change of user of land has commenced and furnish other information, in the prescribed form, within thirty days from such date, to the Tahsildar through the village officers, and shall also endorse a copy thereof to the Collector:

Provided that, where such change of user of land has commenced before the rules prescribing such form are published finally in the Official Gazette, such intimation and information shall be furnished within thirty days from the date on which such rules are so published.

(3)(a) If the person fails to inform the Tahsildar and the Collector, as aforesaid, within the period specified in sub-section (2) or on verification it is found from the information given by him in the prescribed form that, the use of land is in contravention of any of the conditions specified in sub-section (1), he shall be liable to either of, or to both, the following penalties, namely:-

(i) to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of this Code, such penalty not exceeding rupees ten thousand; as the Collector may, subject to the rules, if any, made by the State Government in this behalf direct:

Provided that, the penalty to levied shall not be less than twenty times the non-agricultural assessment of such land irrespective whether it does or does not exceed rupees ten thousand;

(ii) to restore the land to its original use.

(b) Where there has been a contravention of any of the conditions specified in sub-section (1), such person shall, on being called upon by the Collector, by notice in writing, be required to do anything to stop such contravention as directed by such notice and within such period as specified in such notice; and such notice may also require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied within the period specified in the notice.

(4)(a) If any person fails to comply with the directions or to take steps required to be taken within the period specified in the notice, as aforesaid, the Collector may also impose on such person a further penalty not exceeding five thousand rupees for such contravention, and a daily penalty not exceeding one hundred rupees for each day during which the contravention continues.

(b) It shall be lawful for the Collector himself to take or cause to be taken such steps as may be necessary; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.

(5) As soon as an intimation of use of land for bona fide industrial use or special township project, as the case may be, is received under sub-section (2) and on verification it is found that the holder of the land fulfills all the conditions specified in sub-section (1), a sanad shall be granted to the holder thereof in the prescribed form.

Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or omission, it shall be lawful for the Collector either of his own motion or on the application of a person affected by the error to direct at any time the correction of any such error.

            Explanation I .– For the purposes of this section “bona fide industrial use” means the activity of manufacture, preservation or processing of goods, or any handicraft, or industrial business or enterprise, carried on by any person, or the activity of tourism, within the area notified as the tourist place or hill station, by the State Government and shall include construction of industrial buildings used for the manufacturing process or purpose, or power projects and ancillary industrial usages like research and development, godown, canteen, office-building of the industry concerned or providing housing accommodation to the workers of the industry concerned, or establishment of an industrial estate including co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog Vasahats.

Explanation II.- For the purposes of this section, “special township project” means special township project or projects under the Regulations framed for Development of Special Township by the Government, under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).

 

45. Penalty for so using land without permission,-

(1) If any land held or assessed for one purpose is used for another purpose–

(a) without obtaining permission of the Collector under section 44 or before the expiry of the period after which the change of user is deemed to have been granted under that section, or in contravention of any of the terms and conditions subject to which such permission is granted; or

(b) in contravention of any of the conditions subject to which any exemption or concession in the payment of land revenue in relation to such land is granted, the holder there of or other person claiming through or under him, as the case may be, shall be liable to the one or more of the following penalties, that is to say,–

(i) to pay non-agricultural assessment on the land leviable with reference to the altered use;

(ii) to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of this Code such fine as the Collector may, subject to rules made by the State Government in this behalf, direct;

(iii) to restore the land to its original use or to observe the conditions on which the permission is granted within such reasonable period as the Collector may by notice in writing direct; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied.

(2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the Collector may also impose on such person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees for each day during which the contravention is persisted in. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were and arrear of land revenue.

            Explanation.– Using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be change of user.

 

46. Responsibility of tenant or other person for wrongful use,-

If a tenant of any holder or any person claiming under or through him uses land for a purpose in contravention of the provisions of sections 42, 43 or 44 without the consent of the holder and thereby renders the holder liable to the penalties specified in sections 43, 44 or 45, the tenant or the person, as the case may be, shall be responsible to the holder in damages.

 

47. Power of State Government to exempt lands from provisions of sections 41, 42, 44, 45, or 46,-

Nothing in sections 41, 42, 44, 45 or 46 shall prevent–

(a) the State Government from exempting any land or class of lands from the operation of any of the provisions of those sections, in the State Government is of opinion that it is necessary, in the public interest for the purpose of carrying out any of the objects of this Code to exempt such land or such class of lands; and

(b) the Collector from regularising the non-agricultural use of any land on such terms and conditions as may be prescribed by him subject to rules made in this behalf by the State Government.

 

47A. Liability for payment of conversion tax by holder for change of user of land,-

(1)There shall be levied and collected additional land revenue, to be called the conversion tax, on account of change of user of lands.

(2) Where any land assessed or held for the purpose of agriculture is situated within the limits of Mumbai Municipal Corporation area excluding the area of Mumbai City District  or any other Municipal Corporation area or of any ‘A’ Class or ‘B’ class municipal area or of any peripheral area of any of them, and–

(a) is permitted, or deemed to have been permitted under sub-section (3) of section 44, to be used for any non-agricultural purpose;

(b) is used for any non-agricultural purpose, without the permission of the Collector being first obtained, or before the expiry of the period referred to in sub-section (3) of section 44, and is regularised under clause (b) of section 47; or

(c) in put to a bona fide industrial use as provided in section 44A, then, the holder of such land shall, subject to any rules made in this behalf, be liable to pay to the State Government, the conversion tax, which shall be equal to five times the non-agricultural assessment leviable on such land, in accordance with the purpose for which it is so used or permitted to be used.

(3) Where, any land assessed or held for any non-agricultural purpose is situated in any of the areas referred to in sub-section (2), and–

(a) is permitted, or deemed to have been permitted under sub-section (3) of section 44, to be used for any other non-agricultural purpose;

(b) is used for any other non-agricultural purpose, without the permission of the Collector being first obtained, or before the expiry of the period referred to in sub-section (3) of section 44, and is regularised under clause (b) of section 47; or

(c) is put to a bona fide industrial use as provided in section 44A, then, the holder of such land shall, subject to any rules made in this behalf, be liable to pay to the State Government, the conversion tax, which shall be equal to three  times the non-agricultural assessment leviable on such land, in accordance with the purpose for which it is so used or permitted to be used.

            Explanation.– For the purposes of this section,–

(1)(a) “Mumbai Municipal Corporation” means the Mumbai municipal Corporation constituted under the Mumbai municipal Corporation Act (Bom.III of 1888);

(b) “any other Municipal Corporation” means all the other existing Municipal Corporations, constituted under the City of Nagpur Corporation Act, 1948 (C.P. and Berar II of 1950) or the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949);

(c) “’A’ Class or ‘B’ Class municipal area” means any Municipal area classified as ‘A’ Class or, as the case may be, ‘B’ Class municipal area under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965);

(2) “peripheral area” in relation to—

(a) Mumbai Municipal Corporation area (excluding the area of the Mumbai City District) and Municipal Corporation areas of the Nagpur and Pune Municipal Corporations, means the area within eight kilometres from their periphery;

(b) all the other Municipal Corporations areas, means the area within five kilometres from their periphery;

(c) any ‘A’ Class or ‘B’ Class Municipal area, means the area within one kilometer from the periphery of each of such `A’ Class or ‘B’ Class Municipal areas.

 

48. Government title to mines and minerals,-

(1) The right to all minerals at whatever place found, whether on surface or underground, including all derelict or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks, river-beds and such other places, is and is hereby declared to be expressly reserved and shall vest in the State Government which shall have all powers necessary for the proper enjoyment of such rights.

(2)The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of officers, workmen’s dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines, and any other purposes which the State Government may declare to be subsidiary to mining and quarrying.

(3) If the State Government has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as he may specify, delegate such powers to the person to whom the right has been assigned:

Provided that, no such delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered.

(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall, in the absence of agreements, be determined by the Collector or, if his award is not accepted, by the civil court, in accordance with the provisions of the Land Acquisition Act, 1894 (I of 1894).

(5) No assignee of the State Government shall enter on or occupy the surface of any land without the previous sanction of the Collector unless compensation has been determined and tendered to the persons whose rights are infringed:

Provided that, it shall be lawful for the Collector to grant interim permission pending the award of the civil court in cases where the question of determining the proper amount of compensation is referred to such court under sub-section (4).

(6) If an assignee of the State Government fails to pay compensation as provided in sub-section (4), the Collector may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue.

(7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any mineral from working or derelict mines, quarries, old dumps, fields, bandhas (whether on the plea of repairing or constructions of bund of the fields or an any other plea), nallas, creeks, river-beds, or such other places wherever situate, the right to which vests in, and has not been assigned by the State Government shall, without prejudice to any other mode of action that may be taken against him, be liable, on the order in writing of the Collector, to pay penalty not exceeding a sum determined, at three times the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be;

Provided that, if the sum so determined is less than one thousand rupees the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.

(8) Without prejudice to the provision in sub-section (7), the Collector may seize and confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry or other place referred, to in sub-section (7) the right to which vests in, and has not been assigned by, the State Government.

(9) The State Government may make rules to regulate the extraction and removal of minor minerals required by inhabitants of a village, town or city for their domestic, agricultural or professional use on payment of fees or free of charge as may be specified in the rules.

Explanation.– For the purposes of this section, “minor minerals” means the minor minerals in respect of which the State Government is empowered to make rules under section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (LXVII of 1957).

 

49. Construction of water course through land belonging to other person,-

(1) If any person (hereinafter called “the applicant”) desires to construct a water course to take water to irrigate his land for the purpose of agriculture from a source of water to which is he entitled (including any source of water belonging to Government from which water is permitted to be taken) but such water course is to be constructed through any land which belongs to or is in possession of another person (hereinafter called “the neighbouring holder”), and if no agreement is to arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Tahsildar.

            Explanation.– For the purposes of this section, the neighbouring holder includes the person to whom the land belongs and all persons holding through or under him.

(2) On receipt of the application, if the Tahsildar after making an enquiry and after giving the neighbouring holder and all other persons interested in the land, an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for a agriculture of the land belonging to the applicant it is necessary to construct the water course, he may by order in writing, direct the neighbouring holder to permit the applicant to construct the water course on the following conditions :-

(i) The water course shall be constructed through such land in such direction and by manner as is agreed upon by the parties, or failing  agreement, as directed by the Tahsildar, so as to cause as little damage to the land through which it is constructed, as may be possible.

(ii) Where the water course consists of pipes laid under or over the surface, it shall, as far as possible, be along the shortest distance through such land, regard being had to all the circumstances of the land of the neighbouring holder. Where the water course consists of underground pipes, the pipes shall be laid at a depth not less than half a metre from the surface of the land.

(iii) Where the water course consists of a water channel, the width of the channel shall not be more than is absolutely necessary for the carriage of water, and in any case shall not exceed one and one-half metres.

(iv) The applicant shall pay to the neighbouring holder–

(a) such compensation for any damage caused to such land by reason of the construction of any water course injuriously affecting such land and

(b) such annual rent as the Tahsildar may decide to be reasonable in cases where the water course consists of a water channel and pipes laid over the surface; and where it consists of underground pipes, say, at a rate of 25 paise for every ten metres or a fraction thereof for the total length of land under which the underground pipe is laid.

(v) The applicant shall maintain the water course in a proper state of repair.

(vi) Where the water course consists of underground pipes, the applicant shall-

(a) cause the underground pipe to be laid with the least practicable delay; and

(b) dig up no more land than is reasonably necessary for the purpose of laying the underground pipe and any land so dug up shall be filled in, reinstated and made good by the applicant at his own cost for use by the neighbouring holder.

(vii) Where the applicant desires to lay, repair or renew the pipe, he shall do so after reasonable notice to the neighbouring holders of his intention so to do and in so doing shall cause as little damage as possible to the land or any crops standing thereon.

(viii) Such other conditions as the Tahsildar may think fit to impose.

(3) An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holders and all persons interested in the land.

(4) Any order made under sub-section (2) shall be final and be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be necessary for the construction of the water course and for renewing or repairing the same.

(5) If the applicant in whose favour an order under sub-section (2) is made–

(a) fails to pay the amount of compensation or the amount of rent, it shall be recovered as an arrear of land revenue, on an application being made to the Tahsildar by the person entitled thereto;

(b) fails to maintain the water course in a proper state for repairs, he shall be liable to pay such compensation as may be determined by the Tahsildar for any damage caused on account of such failure.

(6) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under this section, he may do so after giving notice to the Tahsildar and the neighbouring holder.

In the event of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the Tahsildar who shall require such person to fill in and reinstate the land.

(7) The neighbouring holder or any person, on his behalf shall have the right to the use of any surplus water from the water course on payment of such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Tahsildar. If a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Tahsildar, and his decisions shall be final.

(8) There shall be no appeal from any order passed by a Tahsildar under this section. But the Collector may call for and examine the record of any case and if he considers that the order passed by the Tahsildar is illegal or improper, he may, after due notice to the parties, pass such order as he deems fit.

(9) The orders passed by the Tahsildar or Collector under this section shall not be called in question in any Court.

(10) Where any person, who after a summary inquiry before the Collector or a Survey Officer, Tahsildar or Naib-Tahsildar is proved to have wilfully injured or damaged any water course duly constructed or laid under this section, he shall be liable to a fine not exceeding one hundred rupees every time for the injury or damage so caused.

 

Of Encroachments on Land

 

50. Removal of encroachments on land vesting in Government; provisions for penalty and other incidental matters,-

(1) In the event of any encroachment being made on any land or fore-shore vested in the State Government (whether or not in charge of any local authority) or any such land being used for the purpose of hawking or selling articles without the sanction of the competent authority, it shall be lawful for the Collector to summarily abate or remove any such encroachment or cause any article whatsoever hawked or exposed for sale to be removed; and the expenses incurred therefore shall be leviable from the person in occupation of the land encroached upon or used as aforesaid.

(2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached upon shall pay, if the land encroached upon forms part of an assessed survey number, assessment for the entire number for the whole period of the encroachment, and if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose. Such person shall pay in addition a fine which shall be not less than five rupees but not more than one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees. The person caught hawking or selling any articles shall be liable to pay fine of a sum not exceeding fifty rupees as the Collector may determine.

(3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement or removal of encroachments on any such lands, and shall fix in such notice a date, which shall be a reasonable time after such notice, on which the same shall take effect.

(4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of encroachment for agricultural purposes and fifty rupees in other cases for every day during any portion of which the encroachment continues after the date fixed for the notice to take effect.

(5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with the provisions of this Code.

(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in a civil court within a period of six months from the date of the final order under this Code.

 

51. Regularisation of encroachments,-

Nothing in section 50 shall prevent the Collector, if the person making the encroachment so desires, to charge the said person a sum not exceeding five times the value of the land so encroached upon and to fix an assessment not exceeding five times the ordinary annual land revenue thereon and to grant the land to the encroacher on such terms and conditions as the Collector may impose subject to rules made in this behalf; and then to cause the said land to be entered in land records in the name of the said person:

Provided that, no land shall be granted as aforesaid, unless the Collector gives public notice of his intention so to do in such manner as he considers fit, and considers any objections or suggestions which may be received by him before granting the land as aforesaid. The expenses incurred in giving such public notice shall be paid by the person making the encroachment; and on his failure to do so on demand within a reasonable time, shall be recovered from him as an arrear of land revenue.

 

52. Value and land revenue how calculated,-

(1) For the purposes of sections 50 and 51, the value of land that has been encroached upon shall be fixed by the Collector according to the market value of similar land in the same neighbourhood at the time of such valuation; and the annual revenue of such land shall be assessed at the same rate as the land revenue of similar land in the vicinity.

(2) The Collector’s decision as to the value of land and the amount of land revenue or assessment payable for the land encroached upon shall be conclusive, and in determining the amount of land revenue, occupation for a portion of year shall be counted as for a whole year.

 

53. Summary eviction of person unauthorisedly occupying land vesting in Government,-

(1) If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to continue the use, occupation or possession of any such land or foreshore by reason of the expiry of the period of lease or tenancy or termination of the lease or tenancy or breach of any of the conditions annexed to the tenure, it shall be lawful for the Collector to evict such person.

(1-A) Before evicting such person, the Collector shall give him a reasonable opportunity of being heard and the Collector may make a summary enquiry, if necessary. The Collector shall record his reasons in brief for arriving at the opinion required by sub-section (1).

(2) The Collector shall on his finding as aforesaid, serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land or foreshore, as the case may be, and if such notice is not obeyed, the Collector may remove him from such land or foreshore.

(3) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be liable at the discretion of the Collector to pay a penalty not exceeding two times the assessment or rent for the land, for the period of such unauthorised use or occupation.

 

54. Forfeiture and removal of property left over after summary eviction,-

(1) After summary eviction of any person under section 53, any building or other construction erected on the land or foreshore or any crop raised in the land shall, if not removed by such person after such written notice as the Collector may deem reasonable, be liable to forfeiture or to summary removal.

(2) Forfeitures under this section shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct; and the cost of the removal of any property under this section shall be recoverable as an arrear of land revenue.

 

54A. [This section has ceased to be in force with effect from 1st December 1978]

 

Of Relinquishment of Land

 

55. Relinquishment,-

An occupant may relinquish his land, that is, resign, in favour of the State Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person other than the Government or the occupant, by giving notice in writing to the Tahsildar not less than thirty days before the date of commencement of the agricultural year, and thereupon, he shall cease to be an occupant from the agricultural year next following such date:

Provided that, no portion of land which is less in extent than a whole survey number or sub-division of a survey number may be relinquished.

 

56. Relinquishment of alienated Land,-

The provisions of sections 35 and 55 shall apply, as far as may be, to the holders of alienated land.

 

57. Right of way to relinquished Land,-

If any person relinquishes land, the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished.

 

58. Saving of operation of section 55 in certain case,-

Nothing in section 55 shall affect the validity of the terms or conditions of any lease or other express instrument under which land is, or may hereafter be held from the State Government.

 

59. Summary eviction of person unauthorisedly occupying Land,-

Any person unauthorisedly occupying, or wrongfully in possession of any land-

(a) to the use or occupation of which by reason of any of the provisions of this Code he is not entitled or has ceased to be entitled, or

(b) which is not transferable without the previous permission under sub-section (2) of section 36 or by virtue of any condition lawfully annexed to the tenure under the provisions of section 31, 37 or 44,

may be summarily evicted by the Collector.

 

60. Power of State Government to suspend operation of section 55,-

(1) It shall be lawful for the State Government, by notification in the Official Gazette from time to time,–

(a) to suspend the operation of section 55 within any prescribed local area, either generally, or in respect of cultivators or occupants of a particular class or classes, and

(b) to cancel any such notification.

(2) During the period for which any notification under clause (a) of sub-section (1) is in force within any local area, such orders shall be substituted for the provisions of which the operation is suspended as the Commissioner shall from time to time direct.

 

Protection of certain occupancies from process of courts

 

61. Occupancy when not liable to process of civil Court; court to give effect to Collector’s certificate,-

In any case where an occupancy is not transferable without the previous sanction of the Collector, and such sanction has not been granted to a transfer which has been made or ordered by a civil court or on which the court’s decree or order is founded,–

(a) such occupancy shall not be liable to the process of any court, and such transfer shall be null and void, and

(b) the court, on receipt of a certificate under the hand and seal of the Collector to the effect that any such occupancy is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed on or set aside any sale of, or affecting, such occupancy.

 

62. Bar of attachment or sale,-

Any land which immediately before the date of vesting under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (M.P. I of 1951), was recorded as sir land shall not be liable to attachment or sale in execution of a decree or order of a court for the recovery of any debt incurred before the date of vesting except where such debt was validly secured by mortgage of, or charge on, the cultivating rights in such sir land.

 

63. Bar of foreclosure or attachment or sale of Bhumidhari’s right,-

No decree or order shall be passed for the sale or foreclosure of any right of a person in land held by him immediately before the commencement of this Code in Bhumidhari tenure under the provisions of the Madhya Pradesh Land Revenue Code, 1954 (M.P.II of 1955), not shall such right be attached or sold in execution of any decree or order, nor shall a receiver be appointed to manage such holding under section 51 of the Code of Civil Procedure, 1908 (V of 1908), nor shall such right vest in the court or in a receiver under the Provincial Insolvency Act, 1920 (V of 1920).

 

Chapter IV

Of Land Revenue.

 

64. All land liable to pay revenue unless specially exempted,-

All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to the State Government as provided by or under this Code except such as may be wholly exempted under the provisions of any special contract with the State Government, or an any law for the time being in force or by special grant of the State Government.

But nothing in this Code shall be deemed to affect the power of the Legislature of the State to direct the levy of revenue on all land under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary.

 

65. Liability of alluvial lands to land revenue,-

All alluvial lands, newly-formed islands, or abandoned river-beds which vest under any law for the time being in force in any holder of alienated land, shall be subject in respect of liability to the payment of land revenue to the same privileges, conditions, or restrictions as are applicable to the original holding in virtue of which such lands, islands, or river-beds so vest in the said holder, but no land revenue shall be leviable in respect of any such lands, islands or, river-beds until or unless the area of the same exceeds one acre and also exceeds one-tenth of the area of the said original holding.

 

66. Assessment of land revenue in cases of diluvion,-

Every holder of land paying land revenue in respect thereof shall be entitled, subject to rules as may be made by the State Government in this behalf, to a decrease of assessment if any portion thereof not being less than half an acre in extent, is lost by diluvion and the holder shall, subject to rules made in that behalf, be liable for payment of land revenue on reappearance of the land so lost by diluvion not less than half an acre in extent.

 

67. Manner of assessment and alteration of assessment,-

(1) The land revenue leviable on any land under the provisions of this Code shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land,–

(a) for the purpose of agriculture;

(b) for the purpose of residence;

(c) for the purpose of industry;

(d) for the purpose of commerce;

(e) for any other purpose.

(2) Where land assessed to agriculture is used for non-agricultural purposes or vice versa or being assessed to one non-agricultural use is used for another non-agricultural purpose, then the assessment fixed under the provisions of this Code upon such land shall, notwithstanding that the term for which such assessment may have been fixed has not expired, be liable to be altered and assessed at a rate provided for under this Code in accordance with the purpose for which it is used or is permitted to be used.

(3) Where land held free of assessment on condition of being used for any purpose is used at any time for any other purpose, it shall be liable to assessment.

(4) The assessment under sub-sections (2) and (3) shall be made in accordance with the rules made in this behalf.

 

68. Assessment by whom to be fixed.-

(1) On all lands which are not wholly exempt from the payment of land revenue and on which the assessment has not been fixed or deemed to be fixed under the provisions of this Code, the assessment of the amount to be paid as land revenue shall, subject to rules made in this behalf, be fixed by the Collector, for such period not-exceeding ninety-nine years as he may be authorized to prescribe by the State Government under its general or special orders made in that behalf, and the amounts due according to such assessment shall be levied on all such lands:

Provided that, in the case of lands partially exempt from land revenue or the liability of which the payment of land revenue is subject to special conditions or restrictions, respect shall be had in fixing the assessment and levy of land revenue to all rights legally subsisting, according to the nature of the said rights:

Provided further that, where any land which was wholly or partially exempt from payment of land revenue has ceased to be so exempt, it shall be lawful for the Collector to fix the assessment of the amount to be paid as land revenue on such land with effect from the date on which such land ceased to be so exempt or any subsequent date as he may deem fit.

(2) After the expiry of the period for which the assessment of any land is fixed under sub-section (1), the Collector may, from time to time, revise the same in accordance with the rules made in this behalf by the State Government. The assessment so revised shall be fixed each time for such period not exceeding ninety-nine years as the State Government may, by general or special order, specify.

(3) Nothing in this section shall be deemed to prevent the Collector from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue. The assessment so determined and registered shall be leviable as soon as the exemption is withdrawn, and shall for this purpose be deemed to be assessment fixed under this section.

 

69. Settlement of assessment to be made with holder directly from State Government,-

The settlement of the assessment of each portion of land, or survey number to land revenue, shall be made with the person who is primarily responsible to the State Government for the same.

 

70. Rates for use of water,-

The State Government may authorize the Collector or the officer in charge of a survey or such other officer as it deems fit, to fix such rates as it may from time to time deem fit to sanction, for the use, by holders and other persons, of water, the right to which vests in the Government and in respect of which no rate is leviable under any law relating to irrigation in force in any part of the State. Such rates shall be liable to revision at such period as the State Government shall from time to time determine, and shall be recoverable as land revenue:

Provided that, the rate for use of water for agricultural purposes shall be one rupee only per year per holder.

 

71. The fixing of assessment under this Code limited to ordinary land revenue,-

The fixing of the assessment under the provisions of this Code shall be strictly limited to the assessment of the ordinary land revenue, and shall not operate as a bar to the levy of any cess which it shall be lawful for the State Government to impose under the provisions of any law for the time being in force for purposes of local improvement, such as schools, village and district roads, bridges, tanks, wells, accommodation for travellers, and the like, or of any rate for the use of water which may be imposed under the provisions of section 70 or of any law relating to irrigation in force in any part of the State.

 

72. Land revenue to be paramount charge on land,-

(1) Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture; whereupon, the Collector may, subject to the provisions of sub-sections (2) and (3), levy all sums in arrears by sale of the occupancy or alienated holding, or may otherwise dispose of such occupancy or alienated holding under rules made in this behalf and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or in any manner other than that provided by sub-sections (2) and (3), shall, unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, encumbrances and equities therefore created in favour of any person other than the Government in respect of such occupancy or holding.

(2) Where any occupancy or alienated holding is forfeited under the provisions of sub-section (1), the Collector shall take possession thereof and may lease it to the former occupant or superior holder thereof, or to any other person for a period of one year at a time so however, that the total holding of such holder, or as the case may be, the person does not exceed the ceiling fixed in that behalf under any law for the time being in force.

(3) If within three years of the date on which the Collector takes possession of the occupancy or alienated holding under sub-section (2), the former occupant or superior holder thereof applies for restoration of the occupancy or alienated holding, the Collector may restore the occupancy or alienated holding to the occupant or, as the case may be, to the superior holder on the occupant or superior holder paying arrears due from him as land revenue and a penalty equal to three times the assessment.  If the occupant or superior holder fails to get the occupancy or alienated holding restored to him within the period aforesaid, the occupancy or alienated holding or part thereof shall be disposed of by the Collector in the manner provided in sub-section (1).

 

73. Forfeited holdings may be taken possession of and otherwise disposed,-

It shall be lawful for the Collector in the event of the forfeiture of a holding through any default in payment or other failure occasioning such forfeiture under section 72 or any law for the time being in force, to take immediate possession of such holding and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Code or any other law for the time being in force.

 

74. To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue,-

In order to prevent the forfeiture of an occupancy under the provisions of section 72 or of any other law for the time being in force, through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, it shall be lawful for any person interested to pay on behalf of such person all sums due on account of land revenue and the Collector shall on due tender thereof receive the same:

Provided that, nothing authorised or done under the provisions of this section shall affect the rights of the parties interested as the same may be established in any suit between such parties in a court of competent jurisdiction.

 

75. Register of alienated lands,-

A register shall be kept by the Collector in the form prescribed by the State Government of all lands, the alienation of which has been established or recognized under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction of the Collector that any sanad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the State Government, grant to any person whom he may deem entitled to the same a certified extract from the said register, which shall be endorsed by the Collector to the effect that it has been issued in lieu of the sanad said to have been lost or destroyed and shall be deemed to be as valid a proof of title as the said sanad.

 

76. Receipts,-

(1) Every revenue officer and every Talathi receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same.

(2) Every superior holder who is entitled to recover direct from an inferior holder any sum due on account of rent or land revenue shall, at the time when such sum received by him, give to such inferior holder a written receipt for the same.

 

77. Penalty for failure to grant receipts,-

If any person fails to give a receipt as required by section 76, he shall on the application of the payer, be liable by an order of the Collector, to pay a penalty not exceeding double the amount paid.

 

78. Reduction, suspension or remission of land revenue,-

Notwithstanding anything contained in this Code, the State Government may, in accordance with the rules or special orders made in this behalf, grant reduction, suspension or remission in whole or in part of land revenue in any area in any year due to failure of crops, floods, or any other natural calamity or for any reason whatsoever.

 

Chapter V

Revenue Surveys.

 

79. Revenue survey may be introduced by State Government into any part of State,-

(1) It shall be lawful for the State Government whenever it may seem expedient to direct the survey of any land in any part of the State with a view to assessment or settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose, and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town or city generally or to such land only as the State Government may direct and subject to the orders of the State Government, it shall be lawful for the Officers conducting any such survey to accept from the survey any land to which it may not seem expedient that such survey should be applied.

(2)The control of every revenue survey shall vest in and be exercised by the State Government.

 

80. Survey officer may require by general notice or by summons, suitable service from holders of land, etc,-

It shall be lawful for a survey officer deputed to conduct or take part in any such survey or a survey under section 86 or 87 to require by general notice or by summons the attendance of holders of land and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are legally or by usage, bound to perform service in virtue of their respective offices and to require from them such assistance in the operations of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on.

 

81. Assistance to be given by holders and others in measurement or classification of lands,-

It shall be lawful for a survey officer, while conducting surveys mentioned in the preceding section to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of a necessity for employing hired labour for this or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the land surveyed, for collection as a revenue demand.

 

82. Survey numbers not to be of less than certain extent,-

(1) Except as hereinafter provided no survey number comprising land used for purposes of agriculture only shall be made of less extent than the minimum to be fixed from time to time for the several classes of land in each district by the Director of Land Records, with the sanction of the State Government. A record of the minima so fixed shall be kept in the office of the Tahsildar in each taluka, and shall be open to the inspection of the public at reasonable times.

(2) The provisions of sub-section (1) shall not apply to survey numbers which have already been made of less extent than the minima so fixed, or which may be so made under the authority to the Director of Land Records given either generally or in any particular instance in this behalf; and any survey number separately recognized in the land records shall be deemed to have been authorisedly made whatever be its extent.

 

83. Power of State Government to direct fresh survey and revision of assessment,-

It shall be lawful for the State Government to direct at any time, a fresh survey or any operation subsidiary thereto:

Provided that, where a general classification of the soil of any area has been made a second time, or where any original classification of the soil of any area has been approved by the State Government as final, no such classification shall be again made with a view to the revision of the assessment of such area except when the State Government considers that owing to changes in the condition of the soil of such area or any errors in classification, such reclassification is necessary.

 

84. Entry of survey numbers and sub-divisions in records,-

The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be maintained under the rules made by the State Government in that behalf.

 

85. Partition,-

(1) Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom LXII of 1947), a holding may be partitioned on the decree of a civil court or an application of co-holders in the manner hereinafter provided.

(2) If in any holding there are more than one co-holder, any such co-holder may apply to the Collector for a partition of his share in the holding:

Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit.

(3) The Collector may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code.

(4) [*****deleted by Mah 8 of 1969*******]

(5) Expenses properly incurred in making partition of a holding paying revenue to the State Government shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons interested in the partition.

 

86. Division of survey numbers into new survey numbers,-

Where any portion of cultivable land is permitted to be used under the provisions of this Code for any non-agricultural purpose or when any portion of land is specially assigned under section 22, or when any assessment is altered or levied or any portion of land under sub-section (2) or sub-section (3) of section 67, such portion may, with the sanction of the Collector, be made into a separate survey number at any time, the provisions of section 82, notwithstanding.

 

87. Division of survey numbers into sub-divisions,-

(1) Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom LXII of 1947) —

(a) survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason;

(b) the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with the rules made by the State Government in this behalf:

Provided that, the total amount of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Code, unless such assessment is liable to alteration under section 67;

(c) the area and assessment of such sub-divisions shall be entered in such land records as the State Government may prescribe in this behalf.

(2) Where a holding consists of several Khasra numbers in any area in the State, the Settlement Officer shall assess the land revenue payable for each Khasra number and record them as separate survey numbers.

 

88. Privilege of title-deeds,-

When the original survey of any land has been once completed, approved and confirmed, under the authority of the State Government, no person shall, for the purposes of subsequent surveys of the said lands undertaken under the provisions of this Chapter, be compelled to produce his title-deeds to such land or to disclose their contents.

 

89. Survey made before Commencement of this Code to be deemed to be made under this Chapter.

And surveys heretofore made, and introduced under any law for the time being in force or otherwise, and in operation on the date of the commencement of this Code, shall be deemed to have been made under the provisions of this Chapter.

 

Chapter VI

Assessment And Settlement Of Land Revenue Of Agricultural Land

 

90. Interpretation,-

In this Chapter, unless the context otherwise requires,–

(a) “classification value” means the relative valuation of land as recorded in the survey records having regard to its soil, situation, water and other advantages, and includes the valuation of land expressed in terms of soil units on the basis of the factor scale in the Districts of Nagpur, Chanda, Wardha and Bhandara and Melghat Talukas in Amravati District;

(b) “class of land” means any of the following classes of land, namely warkas, dry crop, paddy or rice or garden land;

(c) “factor scale” means the relative value of each class of land included in the sanctioned scheme of soil classification;

(d) “group” means all lands in a zone, which in the opinion of the State Government or an officer authorised by it in this behalf, are sufficiently homogeneous in respect of matters enumerated in sub-section (2) of section 94 to admit of the application to them of the same standard rates for the purposes of assessment of land revenue;

(e) “settlement” means the result of the operations conducted in a zone to determine the land revenue assessment therein.

(f) “standard rate” means, with reference to any particular class of land, the value (not exceeding one-twenty-fifth) of the average yield of crops per acre for that class of land of sixteen annas classification.

            Explanation.— In the areas mentioned in clause (a) in which the factor scale prevails, `land of sixteen annas classification’ means land possessing the number of soil units in the factor scale, corresponding to the sixteen annas classification as prescribed by the State Government;

(g) “term of a settlement” means the period for which the State Government has declared that a settlement shall remain in force;

(h)”zone” means a local area comprising a taluka or a group of talukas or portions thereof, of one or more districts, which in the opinion of the State Government or an officer authorised by it, in this behalf, is contiguous and homogeneous in respect of–

(i) physical configuration;

(ii) climate and rainfall;

(iii) principal crops grown in the local area, and

(iv) soil characteristics.

 

91. Forecast as to settlement,-

(1) Before directing a settlement or fresh settlement of any land under section 92, the State Government shall cause a forecast of the probable results of the settlement to be prepared in accordance with such instructions as may be issued for the purpose.

(2) A notice of the intention of the State Government to make the settlement  together with proposals based on the said forecast for the determination or revision of land revenue and the term for which the settlement is to be made shall be published for objections in such manner as the State Government may determine.

(3) Such forecast and proposals shall be dispatched to every member of each of the two Houses of the State Legislature not less than twenty-one days before the commencement of a session thereof.

(4) Any member of the State Legislature desiring to make any modification in the proposals shall give notice of motion not later than the opening day of the session and the State Government shall arrange for discussion of such motion in each House.

(5) The State Government shall accept any resolution concerning the said forecast and proposals in which both the Houses concur and shall take into consideration any objections which may be received from the persons concerned, before directing the settlement.

 

92. Power of State Government to direct original or revision settlement of land revenue of any lands,-

Subject to the provisions of section 91, the State Government may at any time direct a settlement of land revenue of any land (hereinafter referred to as an “original settlement”), or a fresh settlement thereof (hereinafter referred to as “revision settlement”), whether or not a revenue survey thereof has been made under section 79:

Provided that, no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.

 

93. Term of settlement,-

A settlement shall remain in force for a period of thirty years and on the expiry of such period, the settlement shall continue to remain in force until the commencement of the term of a fresh settlement.

 

94. Assessment how determined,-

(1) The assessment of land revenue on all lands in respect of which a settlement has been directed under section 92 and which are not wholly exempted from the payment of land revenue shall, subject to the limitations contained in the first proviso to sub-section (1) of section 68, be determined by dividing the lands to be settled into groups and fixing the standard rates for each group in accordance with the rules made by the State Government in this behalf.

(2) The matters specified in clause (a) of this sub-section shall ordinarily be taken into consideration in forming groups, but those specified in clause (b) thereof may also where necessary be taken into consideration for that purpose:-

(a)(i) physical configuration;

(ii) climate and rainfall,

(iii) prices, and

(iv) yield or principal crops;

(b(i) markets;

(ii) communications;

(iii) standard of husbandry;

(iv) population and supply of labour;

(v) agricultural resources;

(vi) variations in the area of occupied and cultivated lands during the

last thirty years;

(vii) wages;

(viii) ordinary expenses of cultivating principal crops including the

value of the labour in cultivating the land in terms of wages.

(3) The land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value in the prescribed manner.

 

95. Increase in average yield due to improvements at the expense of holders not to be taken into account,-

If any improvements have been effected in any land by or at the expense of the holder thereof, the increase in the average yields of crops of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.

 

96. Settlement Officer how to proceed for making settlement,-

In making a settlement, the Settlement Officer shall proceed as follows:-

(1) He shall divide the lands to be settled into groups as provided by section 94;

(2) He shall ascertain in the prescribed manner the average yield of crops of lands for the purposes of the settlement;

(3) He shall then fix standard rates for each class of land in each group on a consideration of the relevant matters as provided in sub-section (2) of section 94;

(4) He shall hold an enquiry in the manner prescribed by rules made under this Code for the purpose of this section;

(5) He shall submit to the Collector in the prescribed manner a report (hereinafter called “the settlement report”) containing his proposals for the settlement.

 

97. Settlement report to be printed and published,-

(1) On submission of a settlement report, the Collector shall cause such report to be published in the prescribed manner.

(2) There shall also be published in each village a notice in Marathi stating for each class of land in the Village the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Collector his objections in writing to the proposals contained in the settlement report within three months from the date of such notice.

 

98. Submission to Government of settlement report with statement of objections, etc., and Collector’s opinion thereon,-

After taking into consideration such objections as may have been received by him, the Collector shall forward to the State Government, through such officers as the State Government may direct, the settlement report with his remarks thereon.

 

99. Reference to Revenue Tribunal,-

Any person aggrieved by the report published by the Collector under section 97 may, within two months from the date of notice under sub-section (2) of section 97, apply to the State Government for reference to the Maharashtra Revenue Tribunal. On such person depositing such amount of costs as may be prescribed, the State Government shall direct the report to be sent to the Revenue Tribunal for inquiry. The Revenue Tribunal after making an inquiry in the manner prescribed shall submit its own opinion on the objections raised and on such other matters as may be referred to it by the State Government. The State Government may make rules for the refund of the whole or any portion of the cost in such cases as it deems fit.

 

100. Orders on Settlement Report,-

(1) The settlement report, together with the objections, if any, received thereon and the opinion of the Revenue Tribunal on a reference, if any, made to it under section 99 shall be considered by the State Government, which may pass such order thereon as it may deem fit:

Provided that, no increase in the standard rate proposed in the settlement report shall be made by the State Government, unless a fresh notice as provided in section 97 has been published in each village affected by such rates and objections received, if any, have been considered by the State Government. The provisions of this section shall, so far as may be, apply to orders passed regarding such increase.

(2)The settlement report, together with objections, if any, received thereon and the opinion of the Revenue Tribunal on a reference, if any, made to it under section 99 and the orders passed by the State Government under sub-section (1) shall be laid on the Table of each House of the State Legislature.

(3) The orders passed by the State Government shall be final and shall not be called in question in any court.

 

101. Power of State Government to exempt from assessment for water advantages,-

(1) The State Government may at the time of passing orders under section 100 exempt any land from assessment under this Chapter for any advantage or specified kind of advantage accruing to it from water.

(2) The State Government may at any time during the term of the settlement, after publishing a notice in Marathi in the village concerned and after the expiry of a period of six months from the date of the publication of such notice, withdraw any exemption granted by it under sub-section (1) and direct that such land shall be assessed for such advantage.

 

102. Introduction of settlement,-

After the State Government has passed orders under section 100 and notice of the same has been given in the prescribed manner, the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from, such date as the State Government may direct:

Provided that, in the year in course of which a settlement, whether original or revised, is introduced under this section, the difference between the old and the new assessment of all lands on which the latter may be in excess of the former shall be remitted and the revised assessment shall be levied only from the next following year:

Provided further that, in the year next following that in which any original or revised settlement is introduced, any occupant who may be dissatisfied with the increased rate imposed by such new assessment on any of the survey numbers or sub-divisions of survey numbers held by him shall, on relinquishing such number or sub-division in the manner provided by section 55, receive a remission of the increase so imposed.

 

103. Claims to hold land free of land revenue,-

(1) Any person claiming to hold wholly or partly free of land revenue as against the State Government any land shall be bound to prove his title thereto to the satisfaction of the Settlement Officer.

(2) If he so proves his title, the case shall be reported for the orders of the State Government.

 

104. Assessment of lands wholly exempt from payment of land revenue,-

(1) Nothing in this Chapter shall be deemed to prevent a Settlement Officer from determining and registering the proper full assessment on lands, wholly exempt from the payment of land revenue.

(2) The assessment so determined and registered shall be leviable as soon as the exemption is withdrawn and shall be deemed for this purpose, to have been fixed under the provisions of this Chapter.

 

105. Power of State Government to direct assessment for water advantages,-

Notwithstanding anything contained in this Chapter, the State Government may direct at the time of passing orders under section 100 that any land in respect of which a settlement is made under this Chapter shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements on existing irrigation works completed after the State Government has directed the settlement under section 92 and not effected by or at the expense of the holder of the land, and only when no rate in respect of such additional advantages is levied under any law relating to irrigation in force in any part of the State.

Provided that, the State Government shall, before making such direction, publish a notice in this behalf in Marathi in the village concerned and shall consider the objections, if any, received to the proposal contained therein and no such direction shall be issued until after the expiry of a period of six months from the date of publication of such notice.

 

106. Power of Collector to correct errors,-

The Collector may, at any time during the term of settlement, after giving notice to the holder correct any error in the area or assessment of his holding due to mistake of survey or arithmetical miscalculation

Provided that, no arrears of land revenue shall become payable by reason of such correction; but excess payment as land revenue made, if any, shall be adjusted against the payment of land revenue which may become due.

 

107. Settlement made before this Code to be deemed to be made under this Chapter.-

All settlements of land revenue heretofore made and in operation at the date of the commencement of this Code, shall be deemed to have been made and introduced in accordance with the provisions of this Chapter; and shall continue to remain in operation until the introduction of a revision settlement under the provision of this Code.

 

 

CHAPTER VII

ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR

NON-AGRICULTURAL PURPOSES

 

108. INTERPRETATION,-

In this Chapter, unless the context requires otherwise, “full market value” in relation to any land means an amount equal to the market value of that land plus the amount representing the capitalized assessment for the time being in force.  The capitalized assessment shall be determined in such manner as may be prescribed.

 

109. Non-agricultural assessment of lands to be determined on basis of their non-agricultural use and having regard to urban and non-urban areas,-

Subject to any exemption and to any limitations contained in the first proviso to section 68, the non-agricultural assessment of lands shall be determined with reference to the use of the land for non-agricultural purposes and having regard to urban and non-urban areas in which the lands are situated; and shall be determined and levied in accordance with the provisions of this Chapter.

 

110. Procedure for determining non-agricultural assessment of lands in non-urban areas,-

(1) The Collector shall subject to the approval of the Commissioner, by notification in the Official Gazette, divide the village in non-urban areas into two Classes- Class I and Class II— on the basis of the market values of lands, due regard being had to the situation of the lands, the non-agricultural purpose for which they are used, and the advantages and disadvantages attaching thereto.

(1A) Notwithstanding anything contained in sub-section (1), any area of a village or group of villages which has been notified as “urban area” under clause (42) of section 2 shall, on the date of coming into force of the Maharashtra Land Revenue Code (Amendment) Act, 2003 (Mah. XXI of 2003), ceases to be such urban area and shall from the said date, be deemed to be Class I village for the purposes of assessment of non-agricultural assessment of such village under this Code:

Provided that, nothing contained in sub-section (1A) shall in any way affect the liability of an assessee for payment of any tax which has already been assessed and accrued prior to the said date in respect of such notified urban area:

Provided further that, notwithstanding anything contained in sub-section (1A),  any tax already levied and paid before the said date, in respect of such notified urban area, shall not be refunded.

(2) The Collector shall, subject to the general or special orders of the State Government, assess lands falling in Class I according to the non-agricultural purpose for which they are used at a rate not exceeding ten paise per square metre per year, and those falling in Class II at a rate not exceeding five paise per square metre per year, regard being had to the market value of lands used for the non-agricultural purpose, so however, that the assessment so fixed is not less than the agricultural assessment which may be leviable on such land.

 

111. Procedure for determining non-agricultural assessment in urban areas,-

The Collector shall divide urban areas into blocks on the basis of the market value of lands, due regard being had to the situation of the lands, the non-agricultural purposes for which they are used and the advantages and disadvantages attaching thereto.

 

112. Non-agricultural assessment not to exceed three per cent of full market value,-

The non-agricultural assessment on lands in each block in an urban area shall not exceed three per cent of the full market value thereof, when used as a building site.

 

113. Power of Collector to fix standard rate of non-agricultural assessment,-

(1) Subject to the provisions of section 112, the State Government shall, or if so authorised by the State Government, by notification in the Official Gazette, the Collector shall, fix the rate of non-agricultural assessment per square metre of land in each block in an urban area to be called “the standard rate of non-agricultural assessment” at such percentage of the full market value of such land as may be prescribed.

Explanation.— For the purposes of this sub-section, the full market value shall be estimated in the prescribed manner on the basis of the land rate as determined and issued in the form of Annual Statement of rates, by the Chief Controlling Revenue Authority under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, framed under the Bombay Stamp Act, 1958 (Bom. LX of 1958), immediately preceding the year in which the standard rate of non-agricultural assessment is to be fixed.

(2) The standard rate of non-agricultural assessment shall remain in force for a period of five years (hereinafter referred to as “the guaranteed period”) and shall then be liable to be revised in accordance with the provisions of this Chapter.

Provided that, the first such guaranteed period shall commence on the first day of August 1979 and shall expire on the 31^st day of the July 1991.

Provided further that, the State Government may, extend such guaranteed period for all or any block in any urban area so however that, such extended period shall not be more than five years.

(2A) where the standard rate of non-agricultural assessment in any block in any urban area has been fixed or revised before the 1^st day of August 1979, such standard rate shall be deemed to be due for revision at any time on and after the 1^st day of August 1979, and then such standard rate if so revised shall be deemed to have come into force with effect from the 1^st day of August 1979 on which date the first guaranteed period commenced and would remain in force upto the 31^st July 1991 and would then be subject to further revision under sub-section (2B), from time to time.

(2B) where the standard rate of non-agricultural assessment is fixed or revised for any guaranteed period, the same shall be revised as soon as possible after the commencement of the next guaranteed period and such revised rate shall be deemed to have come into force with effect from the commencement of such next guaranteed period.

(2C) Notwithstanding anything contained in sub-section (1) or the rules made thereunder, the rates of non-agricultural assessment for the guaranteed period of five years commencing from the 1^st August 2001 shall not exceed,–

(a) three times the non-agricultural assessment rate of 1991, in a municipal corporation area and two times of such rate in the area of the rest of the State, for the cases which are already assessed for non-agricultural purposes, and

(b) six times the non-agricultural assessment rate of 1991, in a municipal corporation area and four times of such rate in the area of the rest of the State, for the cases to be assessed for non-agricultural purposes.

(3) The standard rate of non-agricultural assessment fixed or revised as aforesaid shall be published in the Official Gazette, and in such other manner as may be prescribed before they are brought into force.

 

114. Rate of assessment of lands used for non-agricultural purposes,-

(1) Subject to the provisions of this section, the rate of assessment in respect of lands in urban areas—

(a) used for purposes of residential building, shall be the standard rate of non-agricultural assessment;

(b) used for the purpose of industry, shall be one and one-half times the standard rate of non-agricultural assessment.

(c) used for purposes of commerce, shall be thrice the standard rate of non-agricultural assessment in the areas within the limits of all the other municipal corporations, excluding the area of the Mumbai City District in the Mumbai Municipal Corporation area, and twice the standard rate of non-agricultural assessment in the remaining urban areas of the State.

Explanation.— For the purposes of this clause, “other municipal corporation” and “Mumbai Municipal Corporation” shall have the same meaning as assigned to them in the Explanation to section 47A.

(d) used for any other non-agricultural purpose, shall be fixed by the Collector, at a rate not less than the standard rate of non-agricultural assessment, and not exceeding one and one-half times the standard rate, regard being had to the situation, and special advantages or disadvantages attaching to such lands.

(2) Where any land is used for any non-agricultural purpose for a period of six months or less, the non-agricultural assessment shall be half of that fixed for land used for that non-agricultural purpose.

(3) Notwithstanding anything in this section, the Collector may in respect of any land in a block fix the non-agricultural assessment for that land at a rate not less than seventy-five per cent of the rate fixed in sub-section (1) but not exceeding by twenty-five per cent the rate so fixed for the particular use, regard being had to the situation, and special advantages or disadvantages attaching to such land.

 

115. Date of commencement of non-agricultural assessment,-

Except as otherwise directed by the State Government in the case of co-operative societies and housing boards established under any law for the time being in force in this State, the non-agricultural assessment shall be levied with effect from the date on which any land is actually used for a non-agricultural purpose.

 

116. [**********deleted by Mah. 9 of 2002***********]

 

117. Lands exempt from payment of non-agricultural assessment,-

Lands used for the following purposes shall be exempt from the payment of the non-agricultural assessment, namely:-

(1) lands used by an agriculturist for an occupation subsidiary or ancillary to agriculture, such as the erection of sheds for hand-looms, poultry farming, or gardening or such other occupations as the State Government may specify in rules made in that behalf:

(2) lands used for purposes connected with the disposal of the dead;

(3) lands solely occupied and used for public worship and which were exempt from payment of land revenue by custom, grant or otherwise before the commencement of this Code;

(4) lands used for an educational or a charitable purpose the benefit of which is open to all citizens without distinction of religion, race, caste, place of birth or any of them;

            (5) lands used for any other public purpose which the State Government may by rules made under this Code declare to be exempt, for such period and subject to such conditions as may be specified therein;

(5a) agricultural lands in non-urban area used for personal bona fide residential purpose under sub-section (2) of section 42;

(6) such agricultural lands (outside a gaothan, if any) in a non-urban area, converted to non-agricultural use for purposes of residential building as the State government may, by notification in the Official Gazette, specify.

 

118. Revocation of exemption,-

It shall be lawful for the State Government to direct that any land which is exempt under the provisions of section 117 from payment of non-agricultural assessment shall cease to be so exempt if the land is used for any purpose other than that for which the exemption is provided, and thereupon the land shall be liable to payment of the assessment according to the provisions of this Chapter, and in addition, to such fine as the Collector may, subject to the general orders of the State Government, direct.

 

119. Non-agricultural assessment of lands wholly exempt from payment of land revenue,-

Nothing in this Chapter shall be deemed to prevent the Collector from determining and registering the proper full non-agricultural assessment on lands wholly exempt from payment of such assessment.

 

120. Non-agricultural assessment fixed before commencement of Code to continue in force until altered,-

The non-agricultural assessment fixed on lands and in force in any part of the State immediately before the commencement of this Code shall be deemed to have been fixed under the provisions of this Chapter and shall notwithstanding anything contained in this Chapter, to be deemed to continue to remain in force during the whole of the period for which the assessment was fixed, and thereafter, until such assessment is revised under the provisions of this Chapter.

 

 

 

Chapter VIII

Of Lands Within The Sites Of Villages, Towns And Cities.

 

121. Application of Chapter,-

The provisions of this Chapter shall apply to all lands situated within the site of a village, town or city.

 

122. Limits of sites of villages, towns and cities how to be fixed,-

It shall be lawful for the Collector or for a survey officer acting under the general or special orders of the State Government, to ascertain and determine what lands are included within the site of any village, town or city and to fix and from time to time, to vary the limits of the site determined as aforesaid, regard being had to all subsisting rights of landholders.

 

123. No land revenue to be levied in certain cases on land within sites of village, town or city,-

No land revenue shall, in the following cases, be levied on lands situated within the sites of a village, town or city and not used for purposes of agriculture, namely.-

(a) lands which are exempted from the payment of assessment immediately before the commencement of this Code under the provisions of any law in force before such commencement or which are exempted by virtue of any custom, usage grant, sanad, order or agreement;

(b) residential building sites situated within the sites of a village, town or city, which is a non-urban area.

 

124. Right to exemption to be determined by Collector,-

(1) Claims to exemption under the last preceding section shall be determined by the Collector after a summary inquiry, and his decision shall, subject to sub-section (2), be final.

(2) Any person aggrieved by any order made under sub-section (1) may institute a civil suit to contest the validity of the order within a period of two years from the date of such order.

 

125. Pardi and wada lands exempted from payment of land revenue,-

Pardi land not exceeding one-fourth of an acre, and wada land, used only for an agricultural purpose or a purpose subsidiary or ancillary thereto, shall be exempt from the payment of land revenue.

Provided that, in the case of pardi land the holder thereof shall be liable to the payment of non-agricultural assessment and fine, as the case may be, under sections 44, 45 and 67 for alteration of the use for any purpose from agricultural use.

 

126. Survey of lands in village sites how to be conducted,-

If the State Government shall at any time deem it expedient to direct a survey of lands other than those used ordinarily for the purposes of agriculture only within the site of any village, town or city, under the provisions of section 79, or a fresh survey thereof under the provisions of section 83, such survey shall be conducted, and all its operations shall be regulated, according to the provisions of Chapters V and IX of this Code.

Provided that, nothing contained in section 80, 81 or 133 thereof shall apply to any such survey in any town or city having a population of more than two thousand persons.

 

127. In certain cases survey fee to be charged,-

(1) Where a survey is extended under the provisions of section 126 to the site of any village, town or city having a population of more than two thousand persons, each holder of a building site shall be liable to the payment of a survey fee assessed on the area and ratable value of such site.

(2)The amount of survey fee payable under sub-section (1) shall be regulated by the Collector in accordance with rules made by the State Government in this behalf.

(3) The said survey fee shall be payable within six months from the date of a public notice to be given in this behalf by the Collector after the completion of the survey of the site of the village, town or city, or of such part thereof as the notice shall refer to .

 

128. Maps of village sites,-

(1) The results of the operations conducted under suction 126 shall be recorded in such manner in such maps and registers as the State Government may prescribe.

(2) If any village panchayat passes a resolution that a map of a village-site should be prepared showing the plots occupied by the holders and that it is willing to contribute to the cost of preparing such maps in such proportions as may be prescribed, the State Government may undertake the preparation of such maps.

 

129. Sanad to be granted without extra charge,-

Every holder of a building site as aforesaid and every holder of a building site newly formed or first used as such, after the completion of a survey under section 126 shall be entitled, where the holder is required to pay survey fee provided therefore, to receive from the Collector without extra charge one or more sanads, in the form of Schedule C or to the like effect specifying by plan and description the extent and conditions of his holding and where a holder is not required to pay any survey fee he shall be entitled to receive such sanad or sanads on payment of a fee of one rupee per sanad. Every such sanad shall be executed on behalf of the Governor by such person as he may direct or authorize.

Provided that, if such holder do not apply for such sanad or sanads at the time of payment of the survey fee or thereafter within one year from the date of the public notice issued by the Collector under section 127, the Collector may require him to pay an additional fee not exceeding one rupee for each sanad.

 

130. Grant of sanad on alteration of holding,-

After a survey has been made under section 126, and after sanads have been granted under section 129, every holder of a building site as aforesaid whose holding is altered by increase, decrease, sub-division, alteration of tenure or otherwise shall be entitled on payment of a correction fee to be fixed by regulations made by the Collector with the sanction of the Commissioner for each village, city or town to receive from the Collector a fresh sanad in the form of Schedule C or to the like effect specifying by plan and description the extent and conditions of his altered holding or, as the case may be, to have the sanad already issued to him under section 129 amended by the Collector.

 

131. Duplicate sanads may be granted,-

If any holder informs the Collector that the sanad granted to him has been lost of destroyed by accident, a copy of the sanad granted to him under section 129 or section 130 may be given to him on payment of such charges or fees, if any, as may be prescribed.

 

 

                                               Chapter IX

Boundary And Boundary Marks.

 

132. Fixation and demarcation of boundaries,-

Boundaries of all villages in the State and of all survey numbers in villages therein shall be fixed and demarcated by boundary marks.

Provided that, in the villages in the districts of Nagpur, Chanda, Wardha and Bhandara and Melghat Taluka of the Amravati District, the boundaries of survey numbers shall be fixed and demarcated by boundary marks with effect from such date as the State Government may, by notification in the Official Gazette, direct.

 

133. Determination of village boundaries,-

The boundaries of villages shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be appointed by the State Government for the purpose, after holding a formal inquiry at which the village officers and all persons interested have an opportunity of appearing and producing evidence.

 

134. Determination of field boundaries,-

If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed by the holder or person in occupation and, if disputed, or if the said holder or person in occupation be not present, it shall be fixed by the survey officer according to the land records and according to occupation as ascertained from the village officers and the holders of adjoining lands, or on such other evidence or information as the survey officer may be able to procure.

 

135. Disputes regarding boundaries between villages, survey numbers and sub-divisions,-

If any dispute arises concerning the boundary of a village or a field or a holding which has not been surveyed, or if at any time after the completion of a survey a dispute arises concerning the boundary of any village or survey number or sub-division of a survey number or sub-division of a survey number, it shall be decided by the Collector after holding a formal inquiry at which the village officers and all persons interested shall have an opportunity of appealing and producing evidence.

 

136. Demarcation of boundaries of survey number or sub-division,-

(1)The Collector may, on the application of a party interested, demarcate the boundaries of a survey number or of a sub-division and construct boundary marks thereon.

(2)The State Government may make rules for regulating the procedure of the Collector in demarcating the boundary of a survey number or of a sub-division, prescribing the nature of the boundary marks to be used, and authorising the levy of fees from the holders of land in a demarcated survey number or sub-division.

(3) Survey numbers and sub-divisions demarcated under the provisions of this section shall be deemed to be survey numbers for purposes of section 132, 139 and 140.

 

137. Straightening out crooked boundaries,-

(1) When any person (in this section referred to as the applicant) desires to regularise or straighten out the boundaries of any of his fields or holdings in a village, he may make an application in that behalf to the Survey Officer.

The application shall be accompanied by a sketch showing the boundaries of his field or holding, and the names of holders adjoining thereto.

(2) If on receipt of the application, the Survey Officer in the interest of better cultivation of the field or holding and easier maintenance of boundary marks, deems it expedient to regularise or straighten out the boundaries of the field or holding as desired by the applicant, he may, subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom LXII of 1947), prepare a plan to revise the boundaries of such field or holding and for payment of compensation by the applicant to persons who would suffer loss of land on account of such revision and publish the same in village in such manner as may be prescribed by rules. In revising the boundaries, the survey officer shall be guided by such rules as may be made by the State Government in this behalf. The amount of compensation shall be determined by him, so far as practicable, in accordance with the provisions of section 23 of the Land Acquisition Act, 1894 (I of 1894).

(3) If the applicant and the persons who suffer loss of land agree to the plan prepared by the survey officer, the survey officer shall record their agreement and revise the boundaries and fix them accordingly. Such agreement shall be binding on the applicant and such persons and the amount of compensation payable by any person thereunder shall be recoverable from him as an arrear of land revenue.

(4)(a) In the absence of mutual agreement, the survey Officer shall refer the question of the amount of compensation to be paid or recovered by each person concerned under the plan for decision-

(i) to a village committee consisting of such number and elected by the applicant and persons suffering loss of land in such manner as may be prescribed by rules;

(ii) on the failure to elect such village committee, to a committee consisting of three person nominated by the Survey Officer not below the rank of the District Inspector of Land Records with the approval of the Superintendent of Land Records ;

(b)The decision of the village committee or the committee nominated by the Survey Officer of the rank of District Inspector of Land Records, as the case may be, shall be final and binding on all the parties concerned. The amount of compensation payable by the applicant thereunder shall be recoverable from him as an arrear of land revenue. When such decision is given, the plan prepared by the survey officer, so far as it relates to revision of boundaries, shall also become final and the boundaries shall be deemed to be fixed accordingly.

(5) When the boundary is so fixed under this section, it shall be deemed to be a settlement of boundary for the purposes of section 138.

 

138. Effect of settlement of boundary,–

(1) The settlement of a boundary under any of the foregoing provisions of this Chapter shall be determinative –

(a) of the proper position of the boundary line or boundary marks, and

(b) of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

(2) Where a boundary has been settled as aforesaid the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holing or to the holding of any person through or under whom he claims.

(3) An order of ejectment under sub-section (2) shall, subject to the provisions of sub-section (4) and (5) be subject to appeal and revision in accordance with the provisions of this Code.

(4) Where any person has been ejected or is about to be ejected from any lands under the provisions of sub-section (2), he may, within a period of one year from the date of the ejectment or the settlement of the boundary, institute a civil suit to establish his title thereto:

Provided that, the State Government or the Collector, or any revenue or survey officer as such, shall not be made a party to such suit.

(5) Where a civil suit has been instituted under sub-section (4) against any order of ejectment, such order shall not be subject to appeal or revision.

(6)The Collector may at any time make an order for redistribution of land revenue which, in his opinion, should be made as a result of the decision of the appeal or revision, or as the case may be, the suit, and such redistribution shall take effect from the beginning of the revenue year following the date of the order.

 

139. Construction and repairs of boundary marks of survey numbers and villages. etc.,-

(1) It shall be lawful for any survey officer authorised by a Superintendent of Land Records, or Settlement Officer, to specify or cause to be constructed, laid out, maintained or repaired boundary marks and survey marks of villages or survey numbers or sub-divisions of survey numbers, whether cultivated or uncultivated and to assess all charges incurred thereby on the holders or others having an interest therein.

(2) Such officer may by notice in writing require landholders to construct, layout, maintain or repair within a specified time, the boundary marks or survey marks of their respective survey numbers or sub-division; and on their failure to do so the survey officer shall construct, lay-out or repair them and assess all charges incurred thereby as hereinbefore provided.

(3) The boundary marks and survey marks shall be of such description, and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, subject to rules made by State Government in this behalf, be determined by the Superintendent of Land Records, according to the requirement of soil, climate, durability and cheapness of materials.

 

140. Responsibility for maintenance of boundary marks and survey marks,-

Every landholder shall be responsible for the maintenance and good repair of the boundary marks and survey marks of his holding, and for any charges reasonably incurred on account of the same by the revenue or survey officers in cases of alteration, removal or disrepair. It shall be the duty of the village officers and servants to prevent the destruction or unauthorised alteration of the village boundary marks or survey marks.

 

141. Collector to have charge of boundary marks and survey marks after introduction of survey,-

Where a survey is introduced into a district, the charge of the boundary marks and survey marks shall devolve on the Collector, and it shall be his duty to take measures for their construction, laying out, maintenance and repair, and for this purpose the powers conferred on survey officers by section 139 shall vest in him.

 

142. Demarcation and maintenance of boundary marks between holding and village road,-

(1) Unless the boundaries of his land are demarcated and fixed under any of the foregoing provisions of this Chapter, every holder of the land adjoining a village road shall, at his own cost and in the manner prescribed,-

(a) demarcate the boundary between his land and village road adjoining it by boundary marks; and

(b) repair and renew such boundary marks from time to time.

(2) If the holder fails to demarcate the boundary or to repair or renew the boundary marks as required by sub-section (1), the Collector may, after such notice as he deems fit, cause the boundary to be demarcated or the boundary marks to be repaired or renewed and may recover the cost incurred as an arrears of land revenue.

(3) In the event of any dispute regarding the demarcation of the boundary or the maintenance of the boundary marks in proper state of repair the matter shall be decided by the Collector whose decision shall be final.

            Explanation.— Village road for the purposes of this section means in the districts of Nagpur, Chanda, Wardha and Bhandara and Melghat taluka in the Amravati District a road which bears an indicative Khasra number; and in the rest of the State, a road which has been record in the record of rights or village maps.

 

143. Right of way over boundaries,-

(1) The Tahsildar may inquire into and decide claims by persons holding land in a survey number to a right of way over the boundaries of other survey numbers.

(2) In deciding such claims, the Tahsildar shall have regard to the needs of cultivators for reasonable access to their field.

(3) The Tahsildar’s decision under this section shall, subject to the provisions of sub-sections (4) and (5), be subject to appeal and revision in accordance with the provisions of this Code.

(4) Any person who is aggrieved by a decision of the Tahsildar under this section may, within a period of one year from the date of such decision, institute a civil suit to have it set aside or modified.

(5) Where a civil suit has been instituted under sub-section (4) against the Tahsildar’s decision, such decisions shall not be subject to appeal or revision.

 

144. Demarcation of boundaries in areas under town planning scheme or improvement scheme, or consolidation scheme,-

As soon as possible after a final town planning scheme or improvement scheme or a scheme for the consolidation of holdings has come into force in any area under any law in force in the State, it shall be the duty of the Collector to alter the boundaries fixed and demarcated under the provisions of this Chapter, so as to accord with the plots, reconstitute or laid out or consolidated under such scheme, and for that purpose, he may cause to be erected, constructed and laid out boundary marks of such plots and thereupon, the provisions of this Chapter for the recoveries of charges shall apply to each plots as they apply in relation to the construction, maintenance and repair of boundary marks.

 

145. Penalty for injuring boundary marks,-

Any person who after a summary inquiry before the Collector, or before survey officer, Tahsildar or Naib-Tahsildar, is proved to have wilfully erased, removed or injured a boundary mark or survey mark shall be liable to a fine not exceeding one hundred rupees for each mark so erased, removed or injured.

 

146. Power to exempt from operation of this chapter,-

The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Chapter shall not apply to any village or class of villages.

 

 

Chapter X

Land Records

 

A- Record of Rights

 

147. Exemption from provisions of this Chapter,-

The State Government may, by notification in the Official Gazette direct that the provisions of sections 148 to 159 (both inclusive) or any part thereof, shall not be in force in any specified local area, or with reference to any class of villages or lands, or generally.

 

148. Record of Rights,-

A record of rights shall be maintained in every village and such record shall include the following particulars-

(a) the names of all persons (other than tenants) who are holders, occupants, owners or mortgagees of the land or assignees of the rent or revenue thereof ;

(b) the names of all persons who are holding as Government lessees or tenants including tenants within the meaning of the relevant tenancy law;

(c) the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto;

(d) the rent or revenue, if any, payable by or to any of such persons;

(e) such other particulars as the State Government may prescribe by rules made in this behalf, either generally or for purposes of any area specified therein.

 

148A. Maintenance of record of rights etc., by using suitable storage device,-

The record of rights maintained under section 148 and the land records maintained under the other provisions of this Chapter may also be so maintained by using a suitable storage device.

 

149. Acquisition of rights to be reported,-

Any person acquiring by succession, survivorship, inheritance, partition purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land situated in any part of the State or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Talathi within three months from the date of such acquisition, and the said Talathi shall at once give a written acknowledgement of the receipt of such report to the person making it.

Provided that, where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Talathi.

Provided further that, any person acquiring a right with the permission of the Collector or by virtue of a registered document shall be exempted from the obligation to report to the Talathi.

Provided also that, where a person claims to have acquired a right with the permission of the Collector where such permission is required under the provisions of this Code or any law for the time being in force, such person shall on being required by the Talathi so to produce such evidence of the order by which such permission is given as may be required by rules made under this Code.

            Explanation I.— The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882 (IV of 1882).

Explanation II.— A person in whose favour a mortgage is discharged or extinguished or lease determined, acquires a right within the meaning of this section.

            Explanation III.— For the purpose of this Chapter, the term “Talathi” includes any person appointed by the Collector to perform the duties of a Talathi under this Chapter.

 

150. Register of mutations and register of disputed cases,-

(1) The Talathi shall enter in a register of mutations every report made to him under section 149 or any intimation of acquisition or transfer under section 154 or from any Collector.

(2) Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

(3) When any objection to any entry made under sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of the objections in a register of disputed cases. The Talathi shall at once give a written acknowledgement for the objection to the person making it in the prescribed form.

(4) Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by rules made by the State Government in this behalf.

(5) The transfer of entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the State Government in this behalf.

Provided that, an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.

(6) Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be, shall be certified by any revenue or survey officer not below the rank of an Aval Karkun in such manner as may be prescribed.

Provided that, entries in respect of which there is no dispute may be tested and certified by a Circle Inspector.

Provided further that no such entries shall be certified unless notice in that behalf is served on the parties concerned.

(7) The State Government may direct that a register of tenancies shall be maintained in such manner and under such procedure as may be prescribed by rules made by the State Government in this behalf.

(8) The Commissioner may specify, from time to time, the storage device for preparation, maintenance and updation of all registers and documents to be maintained under section 148A.

 

151. Obligation to furnish to information, obligation to furnish entries from record of rights, etc. to holder or tenant in booklet form and to maintain booklet, etc,-

(1) Any person whose rights, interests or liabilities are required to be, or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any revenue officer or Talathi engaged in compiling or revising the record or register, to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2) A revenue officer or a Talathi to whom any information is furnished or before whom any document is produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof and may return the same immediately after keeping copy of it, if necessary.

(3) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor), on making an application in that behalf in writing, may be supplied by the Talathi with a booklet containing a copy of the record of rights pertaining to such land.

(4) The booklet shall also contain information regarding the payment of land revenue in respect of land and other Government dues by the holder or, as the case may be, the tenant and also information as respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts and such other matters as may be prescribed.

(5) Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining the booklet. The fees so charged may, subject to the orders of the State Government, if any, be retained by Revenue Officer preparing, issuing and maintaining the booklet.

(6) Where any booklet is prepared, issued or maintained immediately before the coming into force of this Act, such booklet shall be deemed to have been prepared, issued and maintained in accordance with the provisions of this Act and the rules made thereunder until provision is made for preparing, issuing and maintaining the booklet in any other form or manner under the rules made in that behalf by the State Government.

(7) Every information in so far as it relates to the record of rights, contained in the booklet prepared, issued or maintained or deemed to have been prepared issued or maintained in accordance with the provisions of this Code and the rules made thereunder shall be presumed to be true until the contrary is proved or until such information is duly modified under this Code.

 

152. Fine for neglect to afford information,-

Any person neglecting to make the report required by section 149, or furnish the information or produce the documents required by section 151 within the period specified in that section shall be liable, at the discretion of the Collector, to be charged a fine not exceeding five rupees, which shall be leviable as an arrear of land revenue.

 

153. Requisition of assistance in preparation of maps,-

Subject to rules made in this behalf by the State Government—

(a) any revenue officer or a Talathi may for the purpose of preparing or revising any map or plan required for, or in connection with any record or register under this Chapter exercise any of the powers of a survey officer under sections 80 and 81 except the power of assessing the cost of hired labour under section 81, and

(b) any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan all contingent expenses, including the cost of clerical labour and supervision, on the lands to which such maps of plans relate and such costs shall be recoverable as a revenue demand.

 

154. Intimation of transfers by registering officers,-

When any document purporting to create, assign or extinguish any title to, or any, charge on, land used for agricultural purposes, or in respect of which a record of rights has been prepared is registered under the Indian Registration Act, 1908 (XVI of 1908), the officer registering the document shall send intimation to the Talathi of the village in which the land is situate and to the Tahsildar of the taluka, in such form and at such times as may be prescribed by rules made under this Code.

 

155. Correction of clerical errors,-

The Collector may, at any time, correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record of rights or registers maintained under this Chapter or which a revenue officer may notice during the course of his inspection.

Provided that, when any error is noticed by a revenue officer during the course of his inspection, no such error shall be corrected unless notice has been given to the parties and objections, if any, have been disposed of finally in accordance with the procedure relating to disputed entries.

 

156. Land records,-

In addition to the map, the registers and the record of rights, there shall be prepared for each village such other land records as may be prescribed.

 

157. Presumption of correctness of entries in record of rights and register of mutations,-

An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to be true until the contrary in proved or a new entry is lawfully substituted therefor.

 

158. Bar of suits,-

No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended.

 

159. Record of rights at commencement of Code,-

Until the record of rights of any area in the State is prepared in accordance with the provisions of this Chapter, the existing record of rights in force in that area under any law for the time being in force (including the record of rights prepared under section 115 of the Madhya Pradesh Land Revenue Code, 1954) (M.P. II of 1955), shall be deemed to be the record of rights prepared under this Chapter.

 

B— Rights in unoccupied land

 

160. Application of provisions of sections 161 to 167,-

The provisions of section 161 to 167 shall apply to those areas in the State to which provisions corresponding thereto applied immediately before the commencement of this Code ; but the State Government may, by notification in the Official Gazette, apply the sections aforesaid to such other areas in the State as may be specified in the notification.

 

161. Nistar Patrak,-

(1) The Collector shall consistently with the provisions of this Code and the rules made thereunder, prepare a Nistar Patrak embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto, and more particularly the matters specified in section 162.

(2) A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the residents of the village in the manner determined by the Collector, it shall be finalised by the Collector.

(3) On a request being made by the village panchayat, or where there is no village panchayat, on the application of not less than one-fourth of the adult residents of a village, the Collector may, at any time, modify any entry in the Nistar Patrak after such enquiry as he deems fit.

 

162. Matter to be provided for in Nistar Patrak,-

The following matters shall be provided in a Nistar Patrak, that is to say,-

(a) the terms and conditions on which grazing of cattle in the village will be permitted;

(b) the terms and conditions on which and the extent to which any resident of the village may obtain,-

(i) wood, timber, fuel or any other forest produce;

(ii) moram, kankar, sand, earth, clay, stones or any other minor minerals;

(c) instructions regulating generally the grazing of cattle and removal of articles mentioned in paragraph (b);

(d) any other matter required to be recorded in the Nistar Patrak by or under this Code.

 

163. Provision in Nistar Patrak for certain matters,-

In preparing a Nistar Patrak the Collector shall, as far as possible, make provision for:-

(a) free grazing of the cattle used for agriculture;

(b) removal free of charge by the residents of the village for their bona fide domestic consumption of any–

(i) forest product;

(ii) minor minerals;

            (c) the concessions to be granted to the village craftsmen for the removal of articles specified in clause (b) for the purpose of their craft.

 

164. Right in waste land of another village,-

(1) Where the Collector is of the opinion that waste land of any village is insufficient and it is in the public interest to proceed under this section, he may after such enquiry as he deems fit, order that the residents of the village shall have a right of Nistar or a right or grazing cattle, as the case may be, in the neighboring village to the extent specified in the order.

(2) The residents of a village having a right of grazing cattle in the neighboring village under sub-section (1), or Government forest may make an application to the Collector for recording their right of passage for the purpose of exercising the rights.

(3) If, on enquiry into an application made under sub-section (2), the Collector finds that the right of passage is reasonably necessary to enable such residents to excise a right to graze their cattle in any other village or in a Government forest, he shall pass an order declaring that such right of passage exists and shall state the conditions upon which it shall be exercised.

(4) The Collector shall, thereupon, determine the route of passage through unoccupied land and shall restrict such route in such manner as to cause minimum inconvenience to the residents of the village through which it passes.

(5) The Collector may, if he thinks fit, demarcate such route.

(6) Orders passed by the Collector under this section shall be recorded in the Nistar Patrak.

(7) Where the village mentioned in sub-section (1) lies in different districts the following provisions shall apply, namely

(a) the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies;

(b) any orders regarding route of passages shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies;

(c) the Collector passing an order in accordance with clauses (a) and (b) shall consult in writing the order Collector concerned.

 

165. Wajib-ul-arz,-

(1) As soon as may be after this Code comes into force, the Collector shall, according to any general or special order made by the State Government in that behalf, ascertain and record the customs in each village in regard to

(a) the right to irrigation or right of way or other easements,

(b) the right to fishing,

in any land or water belonging to or controlled or managed by the State Government or a local authority and such record shall be known as the Wajib-ul-arz of the village.

(2)The record made in pursuance of sub-section (1) shall be published by the Collector in such manner as he may deem fit and it shall, subject to the decision of a civil court in the suit instituted under sub-section (3), be final and conclusive.

(3) Any person aggrieved by any entry made in such record may, within one year from the date of the publication of such record under sub-section (2), institute a suit in a civil court to have such entry cancelled or modified.

(4) The Collector may, on the application of any person interested therein or on his own motion, modify any entry or insert any new entry in the Wajib-ul-arz on any of the following grounds:-

(a) that, all persons interested in such entry wish to have it modified; or

(b) that, by a decree in a civil suit, it has been declared to be erroneous;     or

(c) that, being founded on a decree or order of a civil court or on the order of a revenue officer, it is not in accordance with such decree or order; or

(d) that, being so founded, such decree or order has subsequently been varied on appeal, revision or review; or

(e) that, the civil court has by a decree determined any custom existing in the village.

 

166. Regulation of fishing, etc,-

(1) The State Government may make rules for regulating,

(a) fishing in Government tanks;

(b) the removal of any materials from lands belonging to the State Government.

(2) Such rules may provide for the issue of permits, the conditions attaching to such permits and the imposition of fees therefor and other incidental matters.

 

167. Punishment for contravention of provisions,-

(1) Except as otherwise provided in this Code, any person who acts in contravention of the provisions in sections 161 to 166 or rules made under section 166 or who contravenes or fails to observe any rules or custom entered in the Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak shall be liable to such penalty not exceeding rupees one thousand as the Collector may, after giving such person an opportunity to be heard, deem fit; and the Collector may further order confiscation of any produce, or any other produce which such person may have appropriated or removed from lands belonging to the State Government.

(2) Where the Collector passes an order imposing a penalty under this section, he may direct that the whole or any part of the penalty may be applied to meeting the cost of such measures as may be necessary to prevent loss or injury to the public owing to such contravention, breach or non-observance.    .

 

 

Chapter XI

Realisation Of Land Revenue And Other Revenue Demands

 

168. Liability for land revenue,-

(1) In the case of

(a) unalienated land, the occupant or the lessee of the State Government,

(b) alienated land, the superior holder, and

(c) land in the possession of a tenant, such tenant if he is liable to pay land revenue therefor under the relevant tenancy law,

shall be primarily liable to the State Government for the payment of the land revenue, including all arrears of land revenue, due in respect of the land. Joint occupants and joint holders who are primarily liable under this section shall be jointly and severally liable.

(2) In case of default by any person who is primarily liable under this section, the land revenue, including arrears as aforesaid, shall be recoverable from any person in possession of the land.

Provided that, where such person is a tenant, the amount recoverable from him shall not exceed the demands of the year in which the recovery is made.

Provided further that, when land revenue is recovered under this section from any person who is not primarily liable for the same, such person shall be allowed credit for any payments which he may have duly made to the person who is primarily liable, and shall be entitled to credit, for the amount recovered from him, in account with the person who is primarily liable.

 

169. Claims of State Government to have precedence over all others,-

(1) The arrears of land revenue due on account of land shall be a paramount charge on the land and on every thereof and shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgement-decree, execution or attachment, or otherwise howsoever, against any land or the holder thereof.

(2) The claim of the State Government to any monies other than arrears of land revenue, but recoverable as a revenue demand under the provisions of this Chapter, shall have priority over all unsecured claims against any land or holder thereof.

 

170. Dates on which land revenue falls due and is payable,-

(1)The land revenue payable on account of a revenue year shall fall due on the first day of that year; but except when temporary attachment and management of a village or share of a village is deemed necessary under the provisions of section 171, payment will be required only on the dates to be fixed as provided under sub-section (2)

(2) The State Government may make rules providing for the payment of land revenue in instalments and on dates (hereinafter referred to as the “prescribed date”) subsequent to the first day of the revenue year, and such rules may prescribe the persons to whom and the places where at such instalments shall be paid.

(3) The payment of land revenue to the person prescribed under sub-section (2) may be made in cash or may, at the cost of the remitter, be remitted by money order.

(4) Any period intervening between the first day of the revenue year and any date fixed for the payment of land revenue by such rules shall be deemed to be a period of grace, and shall not affect the provisions of sub-section (1).

 

171. Temporary attachment and management of Village or share of Village,-

(1) If owing to disputes amongst the sharers, or for other cause, the Collector shall deem that there is reason to apprehend that the land revenue payable in respect of any holding consisting of an entire village or of a share of a village will not be paid as it falls due, he may cause the village or share of village to be attached and taken under the management of himself, or any agent whom he appoints for that purpose.

(2)The provisions of section 186 shall apply to any village or share of a village so attached and all surplus profits of the land attached, beyond the cost of such attachment and management, including the payments of the land revenue and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of section 187 shall be kept in deposit for the eventual benefit of the person or persons entitled to the same, or paid to the said person or persons from time to time as the Collector may direct.

 

172. Temporary attachment and management of Village or share of Village to be vacated (withdrawn) on security being furnished,-

The temporary attachment and management of a village or share of a village under section 171 shall be vacated if the person primarily responsible for the payment of revenue or any person who would be responsible for the same if default were made by the person primarily responsible shall pay the costs, if any, lawfully incurred by the Collector up to the time of such vacation and shall furnish security satisfactory to the Collector for the payment of the revenue, at the time at which or in the instalments, if any, in which it is payable under the provisions hereinafter contained.

 

173. ‘Arrear’, ‘defaulter’,-

Any land revenue due and not paid on or before the prescribed dates becomes there from an arrear, and the persons responsible for it under the provisions of section 168 or otherwise become defaulters.

 

174. Penalty for default of payment of land revenue,-

If any instalment of land revenue or any part thereof is not paid within one month after the prescribed date, the Collector may in the case of a willful defaulter impose a penalty not exceeding twenty-five per cent of the amount not so paid.

Provided that, no such penalty shall be imposed for non-payment of any instalment (the payment of which is suspended by the order of the State Government) in respect of the period during which the payment remained suspended.

 

175. Certified accounts to be evidence as to arrears,-

(1) A statement of account, certified by the Collector or by an Assistant or Deputy Collector or by a Tahsildar shall, for the purposes of this Chapter, be conclusive evidence of the existence of the arrear of the amount of land revenue due, and of the person who is the defaulter.

(2) On receipt of such a certified statement of account, it shall be lawful for the Collector, the Assistant or Deputy Collector or the Tahsildar in one district to proceed to recover the demands of the Collector of any other district under the provisions of this Chapter as if the demand arose in his own district.

(3) A similar statement of account certified by the Collector of Bombay may be proceeded upon as if certified by the Collector of a district under this Code.

 

176. Process of recovery of arrears,-

An arrear of land revenue may be recovered by any one or more of the following processes, that is to say,-

(a) by serving a written notice of demand on the defaulter under section 178;

(b) by forfeiture of the occupancy or alienated holding in respect of which the arrear is due under section 179;

(c) by distraint and sale of the defaulters movable property under section 180 ;

(d) by attachment and sale of the defaulter’s movable property under section 181;

(e) by attachment of the defaulter’s immovable property under section 182;

(f) by arrest and imprisonment of the defaulter under sections 183 and 184;

(g) in the case of alienated holding consisting of entire villages, or shares or villages, by attachment of the said villages or shares of villages under sections 185 to 190 (both inclusive):

Provided that, the processes specified in clauses (c), (d) and (e) shall not permit the attachment and sale of the following, namely.

(i) the necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, his wife and children, and such personal ornaments as, in accordance with the religious usage, cannot be parted with by any woman;

(ii) tools of artisans and, if the defaulter is an agriculturist, his implements of husbandry, except an implement driven by mechanical power and such cattle and seed as may, in the opinion of the Collector, be necessary to enable him to earn his livelihood as such and also such portion of the agricultural produce as in the opinion of the Collector is necessary for the purpose of providing, until the next harvest, for the due cultivation of the land and for the support of the holder and his family;

(iii) articles set aside exclusively for the use of religious endowments;

(iv) houses and other buildings (with the materials and sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment ) belonging to an agriculturist and occupied by him.

 

177. Revenue demands of former years how recoverable,-

The said processes may be employed for the recovery of arrears of former years as well as of the current year.

 

178. When notice of demand may issue,-

(1) A notice of demand may be issued on or after the day following that on which the arrear accrues.

(2) The Commissioner may from time to time make orders for the issue of such notices, and with the sanction of the State Government shall fix the costs recoverable from the defaulter as an arrear of revenue, and direct by what officer such notices shall be issued.

 

179. Occupancy or alienated holding for which arrear is due may be forfeited,-

The Collector may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to the State Government, and subject to rules made in this behalf, sell or otherwise dispose of the same under the provisions of sections 72 to 73 and credit the proceeds, if any, to the defaulter’s accounts.

Provided that, the Collector shall not declare any such occupancy or alienated holding to be forfeited-

(a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner provided by sections 192 and 193 for sales of immovable property; and

(b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been affixed as required by section 193.

 

180. Distraint and sale of defaulter’s movable property,-

(1) The Collector may also cause the defaulter’s movable property to be distrained and sold.

(2) Such distraints shall be made by such officers or class of officers as the Collector under the orders of the State Government may from time to time direct.

 

181. Sale of defaulter’s immovable property,-

The Collector may also cause the right, title and interest of the defaulter (not being a person belonging to a Scheduled Tribe) in any immovable property other than the land on which the arrear is due to be attached and sold.

 

182. Power to attach defaulter’s immovable property and take it under management,-

(1) If the Collector deems it inexpedient to adopt any of the processes specified in the foregoing provision for recovery of arrears, he shall, in case where the immovable property belongs to a person belonging to a Scheduled Tribe, and in any other case, he may, cause the immovable property of a defaulter to be attached and taken under the management of himself or any agent whom he may appoint for that purpose.

(2) The Collector or the agent so appointed shall be entitled to manage the lands attached and to receive all rents and profits accruing there from until the Collector restores the defaulter to the management thereof.

(3) All surplus profits of the land attached, beyond the cost of such attachment and management, including the payment of the current revenue, shall apply in defraying the arrears due in respect of such lands.

(4) The land so attached shall be released from attachment and restored to the defaulter on his making an application to the Collector for that purpose at any time within twelve years from the date of attachment

(a) if at the time that such application made it appears that the arrear has been liquidated; or

(b) if the defaulter is willing to pay the balance, if any, still due by him, and shall do so within such period as the Collector may specify in that behalf.

(2) If no application be made for the restoration of the land within twelve years, or if, after such application has been made, the defaulter fails to pay the balance, if any, still due by him within the period specified by the Collector in this behalf, the Collector may sell the right, title and interest of the defaulter in the land without prejudice to the encumbrances created prior to the attachment of the land; and shall make over the sale proceeds to the defaulter after deducting there from the sum due to the State Government and expenses of the sale.

 

183. Arrest and detention of defaulter,-

(1) At any time after any arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody for ten days in the office of the Collector or of a Tahsildar unless the revenue due together with the penalty or interest and the cost of arrest and of notice of demand and the cost of his subsistence during detention is sooner paid.

Provided that, no such arrest shall be made unless the default is willful and the defaulter is given an opportunity to show cause against his arrest and detention.

(2) If, on the expiry of ten days the amount due by the defaulter is not paid then, or if the Collector deems fit on any earlier day, he may be sent by the Collector with a warrant, in the form of Schedule A for imprisonment in the civil jail of the district.

Provided that, no defaulter shall be detained in imprisonment for a longer period than the time limited by law in the case of the execution of a decree of a civil court or a debt equal in amount to the arrear of revenue due by such defaulter.

 

184. Power to arrest by whom to be exercised,-

The State Government may, from time to time, declare by what officers or class of Officers, the powers of arrest conferred by section 183 may be exercised, and also fix the costs of arrest and the amount of subsistence money to be paid by the State Government to any defaulter under detention or imprisonment.

 

185. Power to attach defaulter’s village and take it under management,-

If the holding, in respect of which an arrear is due, consists of an entire alienated village, or of a share of an alienated village, and the adoption of any of the other processes before specified is deemed inexpedient, the Collector may, with the previous sanction of the Commissioner, cause such village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.

 

186. Lands of such village to revert free of encumbrances,-

The lands of any village or share of a village so attached shall revert to the State Government unaffected by the acts of the superior holder or of any of the sharers, or by any charges or liabilities subsisting against such lands, or against such superior holder or sharers as are interested therein, so far as the public revenue is concerned, but without prejudice in other respects to the rights of individuals; and the Collector or the agent so appointed shall be entitled to manage the lands attached, and to receive all rents and profits accruing there from to the exclusion of the superior holder or any of the sharers thereof, until the Collector restores the said superior holder to the management thereof.

 

187. Revenue management of villages or estates not belonging to Government that may be temporarily under management of State Government,-

In the event of any alienated village or estate coming under the temporary management of the officers of the State Government, it shall be lawful for the Collector to let out the lands thereof, at rates determined by means of a survey settlement or at such other fixed rates as he may deem to be reasonable, and to grant unoccupied land therein on lease and otherwise to conduct the revenue management thereof under the rules for the management of unalienated lands, so far as such rules may be applicable and for so long as the said village or estate shall be under the management of Government officers; provided, however, that any written agreements relating to the land made by the superior holder of such village or estate, shall not be affected by any proceedings under this section in so far as they shall not operate to the detriment of the lawful claims of the State Government on the land.

 

188. Application of surplus profits,-

All surplus profits of the lands attached, beyond the cost of such attachment and management, including the payment of the current revenue, and the cost of the introduction of a revenue survey if the same be introduced under the provisions of section 187 shall be applied in defraying the said arrear.

 

189. Restoration of village so attached,-

(1) The village or share of village so attached shall be released from attachment, and the management thereof shall be restored to the superior holder on the said superior holder’s making an application to the Collector for that purpose at any time within twelve years from the commencement of the agricultural year next after the attachment,

(a) if at the time that such application is made it shall appear that the arrear has been liquidated; or

(b) if the said superior holder is willing to pay the balance, if any, still due by him, and shall do so within such period as the Collector may specify in that behalf.

(2) The Collector shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made after defraying all arrears and costs; but such surplus receipts, if any, of previous years shall be at the disposal of the State Government.

 

190. Village, etc. to vest in State Government if not redeemed within twelve years,-

If no application be made for the restoration of a village or portion a village so attached within the said period of twelve years, or if, after such application has been made, the superior holder fails to pay the balance, if any, still due by him within the period specified by the Collector in this behalf, the said village or portion of a village shall thence forward vest in the State Government free from all encumbrances created by the superior or holder or any of the sharers or any of his or their predecessors in title, or in any way subsisting as against such superior holder or any of the sharers, but without prejudice to the rights of the persons in actual possession of the land.

 

191. But all processes to be stayed on security being given,-

(1) Any defaulter detained in custody, or imprisoned, shall forthwith be set at liberty and the execution of any process shall, at any time, be stayed, on the defaulter’s giving before the Collector or other person nominated by him for the purpose, or if the defaulter is in jail, before the officer in the charge of such jail, security in the form of Schedule B satisfactory to the Collector or to such other person or officer.

(2) Any person against whom proceedings are taken under this Chapter may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment, the proceedings shall be stayed.

 

192. Procedure in effecting sales,-

(1) When any sale of either movable or immovable property is ordered under the provisions of this Chapter, the Collector shall issue a proclamation in the prescribed form with its translation in Marathi of the intended sale, specifying the time and place of sale, and in the case of movable property whether the sale is subject to confirmation, or not and when land paying revenue to the State Government is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary.

(2) Such proclamation shall be made by beat of drum at the headquarters of the taluka and in the village in which the immovable property is situate if the sale be of immovable property; and if the sale be of movable property, the proclamation shall be made in the village in which such property was seized, and in such other places as the Collector may direct.

(3) A copy of the proclamation issued under this section where it relates to the sale of any holding shall be sent to the Co-operative Bank or the Land Development Bank or both operating within the area in which the holding is situated.

 

193. Notification of sales,-

(1) A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, namely-

(a) the office of the Collector of the district;

(b) the office of the Tahsildar of the taluka in which the immovable property is situate;

(c) the chavdi, or some other public building in the village in which it is situate, and

(d) the defaulter’s dwelling place.

(2) In the case of movable property the written notice shall be affixed in the Tahsildar’s office, and in the Chavdi, or some other public building in the village in which such property was seized.

(3) The Collector may also cause notice of any sale, whether of movable or immovable property, to be published in any other manner that he may deem fit.

(4) A notice referred to in this section shall be in such form as may be prescribed.

 

194. Sale by whom to be made; time of sale, etc.-

(1) Sales shall be made by auction by such persons as the Collector may direct.

(2) No such sale shall take place on a Sunday or other general holiday recognized by the State Government, nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by section 193.

 

195. Postponement of sale,-

The sale may from time to be postponed for any sufficient reason.

Provided that, when the sale is postponed for a period longer than thirty days a fresh proclamation and notice shall be issued unless the defaulter consents to, waive it.

 

196. Sale of perishable articles,-

Nothing in sections 192, 193, 194 and 195 applies to the sale of perishable articles, such articles shall be sold by auction with the least possible delay, in accordance with such orders as may from time to be made by the Collector either generally or especially in that behalf.

 

197. When sale may be stayed,-

If the defaulter or any person on his behalf, pays the arrear in respect of which the property is to be sold and all other charges legally due by him at any time before the property is knocked down, to the person prescribed under section 170 to receive payment of the land revenue due, or to the officer appointed to conduct the sale or if he furnishes security under section 191, the sale shall be stayed.

 

198. Sales of movable property when liable to confirmation,-

Sales of perishable articles shall be at once finally concluded by the officer conducting such sales. All other sales of movable property shall be finally concluded by the officer conducting such sales or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.

 

199. Mode of payment for movable property when sale is concluded at once,-

When a sale is finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale, or as soon after as the said officer shall direct, and in default of such payment, the property shall forthwith be again put up and sold. On payment of the purchase money, the officer holding the sale shall grant a receipt for the same and the sale shall become absolute as against all persons whomsoever, after the expiry of a period of seven days from the date of sale, if no application is made under section 206, or if made, after it is rejected.

 

200. Mode of payment when sale is subject to confirmation,-

(1) When sale is subject to confirmation, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

(2) The full amount of purchase money-shall be paid by the purchaser before the sunset of the third day after he is informed of the sale having been confirmed, or if the said third day be a Sunday or other authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase money, the purchaser shall be granted, a receipt for the same, and the sale shall become absolute as against all persons whomsoever after the expiry of a period of seven days from the date of sale, if no application is made under section 206, or if made, after it is rejected.

 

201. Deposit by purchaser in case of sale of immovable property,-

In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

 

202. Purchase money when to be paid,-

The full amount of purchase-money shall be paid by the purchaser before the expiration of two months from the date on which the sale of the immovable property took place or before expiration of fifteen days from the date on which the intimation of confirmation of the sale is received by the purchaser, whichever is earlier.

Provided that, if the last date on which the purchase-money is to be paid happens to be a Sunday or other authorised holiday, then the payment shall be made before the sunset of the first office day after such date.

 

203. Effect of default,-

In default of payment within the prescribed period of the full amount of purchase-money, whether of movable or immovable property, the deposit after defraying there out the expenses of the sale, shall be forfeited to the State Government, and the property shall be resold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.

 

204. Liability of purchaser for loss by resale,-

If the proceeds of the sale, which is eventually made, be less than the price bid by such defaulting purchaser, the difference shall be recoverable from him by the Collector as an arrear of land revenue.

 

205. Notification before resale,-

Every resale of property in default of payment of the purchase-money, shall, except when such resale takes place forthwith, be made after the issue of a notice in the manner prescribed for original sale.

 

206. Setting aside sales of movables,-

Sales of movables, except perishable articles, may be set aside on the ground of some material irregularity or mistake in publishing or conducting it if a person (on application made within seven days from the date of sale) proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.

 

207. Application to set aside sale of immovables,-

(1) At any time within thirty days from the date of sale of immovable property an application may be made to the Collector to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it ; but, except as is otherwise provided in sections 208, 209 and 210, no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.

Provided that, such application may be made by a defaulter who is a person belonging to a Scheduled Tribe or any person on his behalf, within one hundred and eighty days from such date.

(2) If the application be allowed, the Collector shall set aside the sale, and direct fresh one.

 

208. Order confirming or setting aside sale,-

On the expiration of thirty days or, as the case may be, one hundred and eighty days from the date of the sale, if no such application as is mentioned in section 207 has been made, or if such application has been made and rejected, the Collector shall make an order confirming the sale.

Provided that, if he has reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application has been made, or on grounds other than those alleged in any application which has been rejected, he may, after recording his reasons in writhing, set aside the sale.

 

209. Purchaser may apply to set aside sale under certain circumstances,-

Except in a case, where land has been sold for arrears which form a charge on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Collector to set aside the sale on the ground that the defaulter had no saleable interest in the property sold; and the Collector shall, after due enquiry, pass such orders on such application as he deems fit.

 

210. Application to set aside sale by person owning to holding interest in property,-

(1) Where immovable property has been sold under this Code, any person either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply to the Collector to have the sale set aside on his depositing

(a) for payment to the purchaser a sum equal to five per cent of the purchase money;

(b) for payment on account of the arrear, the amounts specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may have been paid since the date of sale on that account; and

(c) the cost of the sale.

Provided that, such application may be made by any such person belonging to a Scheduled Tribe within one hundred and eighty days from the date of sale.

(2) If such deposit is made within thirty days or as the case may be, one hundred and eighty days from the date of sale, the Collector shall pass an order setting aside the sale.

 

211. Refund of deposit or purchase money when sale set aside,-

Whenever the sale of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be and the sum equal to five per cent, of the purchase-money deposited under clause (a) of sub-section (1) of section 210.

 

212. On confirmation of sale, purchaser to be put in possession, Certificate of purchase,-

After a sale of any occupancy or alienate holding has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the land and shall cause his name to be entered in the land records as occupant or holder in lieu of that of the defaulter and shall grant him a certificate to the effect that he has purchased the land to which the certificate refers.

 

213. Bar of suit against certified purchaser,-

The certificate shall state the name of the person declared at the time of sale to be the actual purchaser; and any suit brought in a civil court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.

 

214. Application of proceeds of sale,-

(1) When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the defaulter at the date of the confirmation of such sale, and recoverable as an arrear of land revenue and any other sum recoverable from the defaulter as an arrear of land revenue and notified to the Collector before the confirmation of such sale, and the surplus, if any, shall be paid to the person whose property has been sold.

(2) The expenses of sale shall be estimated at such rates and according to such orders as may from time to time be sanctioned by the Commissioner under the orders of the State Government.

 

215. Surplus not to be paid to creditors except under order of court,-

The said surplus shall not, except under an order of a civil court, be payable to any creditor of the person whose property has been sold.

 

216. Certified purchaser liable only for land revenue subsequently due,-

Notwithstanding anything contained in section 168, the person named in the certificate of title as purchaser shall not be liable for land revenue due in respect to the land for any period previous to the date of the sale.

 

217. Purchaser’s title,-

Where immovable property is sold under the provisions of this Chapter and such sale has been confirmed, the property shall be deemed to have vested, in the purchaser on the date when the property is sold and not on the date when the sale was confirmed.

 

218. Claims to attached property how to be disposed.,-

(1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Collector may on a formal inquiry held after reasonable notice, admit or reject it.

(2) The person against whom an order is made under sub-section (1) may, within one year from the date of the order, institute a suit to establish the right which he claims to the property attached or proceeded against, but subject to the result of such suit, if any, the order shall be conclusive.

 

219. Bar of revenue officer to bid etc. at sale,-

Except a provided in section 220, no officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

 

220. Purchase on nominal bid,-

Where at any sale held under the provisions of this Chapter, there is no bidder or the bids made are inadequate or nominal, it shall be lawful for the Collector to authorise any of his subordinates to purchase such property on behalf of the State Government for such bid as such subordinate may make.

Provided that, if the property so purchased is subsequently sold by the State Government within twelve years of the purchase, the following amounts shall be recovered from the sale proceeds and the surplus, if any, shall be paid to the person whose property has been sold, namely.

(a) dues, that is, the principal outstanding with interest;

(b) loss of revenue, if any, caused to the State Government during the period the land remains with the State Government and no person takes it on lease or otherwise;

(c) actual expenditure incurred in the auction sale;

(d) penalty equal to one-fourth of the principal;

Provided further that, if the property, is not subsequently sold as aforesaid, it may be returned or granted on the tenure on which he held it immediately before its purchase by Government, as the case may be, to the defaulter on his paying the amounts specified in the previous proviso, at any time within a period of twelve years from the date of purchase on behalf of the State Government.

 

221. Sum recoverable under provisions of this Chapter,-

(1)(a) All sums due on account of land revenue, rent, quit-rents, nazranas, succession duties, transfer duties and forfeitures, cesses, profits from land, emoluments, fees, charges, fines, penalties, water rates, royalty, costs, payable or leviable under this Code or any enactment for the time being in force relating to land revenue;

(b) all moneys due by any contractor for the form of any tax, duty, cess or fee or any other item of revenue whatsoever, and all specific pecuniary penalties to which any such contractor renders himself liable under the terms of his agreement;

(c) all sums declared by this Code or any law for the time being in force or by any agreement or contract with the Government to be leviable as an assessment or as a revenue demand or as an arrear of land revenue, shall be levied under the foregoing provisions of this Chapter and all the provisions of this Chapter shall, so far as may be, applicable thereto.

(2) In the event of the resumption of any farm referred to in clause (b) of sub- section (1), no person shall be entitled to any credit for any payments which he may have made to the contractor in anticipation.

 

222. Recovery of free grants as arrear of revenue in case of misuse,-

Any person who has received from the State Government a free grant of money for any agricultural purpose, subject to the condition that he shall refund the same on failure to observe any of the conditions of the grant, shall on failure to observe any such condition and to repay the said sum to the State Government be liable to be proceeded against under the provisions of this Chapter as a revenue defaulter ; and all the foregoing provisions of this Chapter shall, so far as may be, applicable to such person.

 

223. Recovery of monies from survey,-

Every person who may have become a surety under any of the provisions of this Code, or under any other enactment or any grant, lease or contract where under the sum secured is recoverable from the principal as an arrear of land revenue including a contractor referred to in clause (b) of sub-section (1) of section 221 shall, on failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against under the provisions of this Code as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, be applicable to such person.

 

 

Chapter XII

Procedure Of Revenue Officers.

 

224. Subordination of revenue officers,-

In all official acts and proceedings revenue officer shall, in the absence of any express provision of law or any rule made thereunder to the contrary, be subject as to the place, time and manner of performing his duties to the direction and control of the officer to whom he is Subordinate

 

225. Power to transfer cases,-

Whenever it appears to the State Government that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one revenue officer to another revenue officer of an equal or superior rank in same district or any other district.

 

226. Power to transfer cases to and from subordinates,-

(1) A Commissioner, a Collector, a Sub-Divisional Officer or a Tahsildar may make over any cases or class or cases, arising under the provisions of this Code or any other enactment for the time being in force, for decision from his own file to any revenue officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself or refer the same for disposal to any other revenue officer competent to decide such case or class of cases.

(2) A Commissioner, a Collector, a Sub-Divisional Officer, or a Tahsildar may make over for inquiry and report any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force from his own file to any revenue officer subordinate to him.

 

227. Power to summon persons to give evidence and produce documents,-

(1) Every revenue or survey officer not below the rank of an Aval Karkun or a District Inspector of Land Records in their respective departments shall have power to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness, or to produce documents for the purposes of any inquiry which such officer is legally empowered to make. A summons to produce documents may be for the production of certain specified documents for or the production of all documents of a certain description in the possession of the person summoned.

(2) Subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908, all persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct.

(3) All persons summoned as aforesaid shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required.

 

228. Summons to be in writing, signed and sealed; service of summons,-

(1) Every summons shall be in writing in duplicate, and shall state the purpose for which it is issued and shall be signed by the officer issuing it, and if he has a seal shall also bear his seal.

(2) The summons shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence.

(3) If his usual residence be in another district, the summons may be sent by post to the Collector of that district, who shall cause it to be served in accordance with the provisions of sub-section (2).

 

229. Compelling attendance of witness,-

If any person on whom a summons to attend as witness or to produce any documents has been served fails to comply with the summons, the officer by whom the summons is issued under section 227 may,-

(a) issues a bailable warrant of arrest;

(b) order him to furnish security for appearance; or

(c) impose upon him a fine not exceeding fifty rupees.

 

230. Mode of serving notice,-

(1) Subject to the provisions of this Code and the rules made thereunder, every notice under this Code may be served either by tendering or delivering a copy thereof, or sending such copy by post to the person on whom it is to be served or his authorised agent, or if service in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated or from which the land is cultivated.

(2) No such notice shall be deemed void on account of any error in the name or designation of any person, or in the description of any land, referred to therein, unless such error has produced substantial injustice.

 

231. Procedure for producing attendance of witnesses,-

In any formal or summary inquiry if any party desires the attendance or witnesses he shall follow the procedure prescribed by the Code of Civil Procedure, 1908 (V of 1908), for parties applying for summons for witnesses.

 

232. Hearing in absence of party,-

(1) If on the date fixed for hearing a case or proceeding, a revenue officer or survey officer finds that summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees.

(2) If any party to a case or proceeding before the revenue officer or survey officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed in default.

(3) The party against whom any order is passed under sub-section (1) or (2) may apply within thirty days from the date of such order to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite ‘process fees’ for service of a summons or notice on the opposite party or from appearing at the hearing and the revenue officer or survey officer may, after notice to the opposite party which was present on the date on which such order was passed and after making such inquiry as he considers necessary set aside the order passed.

(4) Where an application filed under sub-section (3) is rejected, the party aggrieved may file an appeal to the authority to whom an appeal lies from an original order passed by such officer.

(5) Except as provided in sub-section (4) or except where a case or proceeding before any such officer has been decided on merits, no appeal shall lie from an order passed under this section.

 

233. Adjournment of hearing,-

(1) A revenue or survey officer may, from time to time, for reasons to be recorded, adjourn the hearing of a case or proceeding before him.

(2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

 

234. Mode of taking evidence in formal inquiries,-

(1) In all formal inquiries the evidence shall be taken down in full, in writing, in Marathi, by or in the presence and hearing and under the personal superintendence and direction of the officer making the investigation or inquiry, and shall be signed by him. The officer shall read out or cause to be read out the evidence so taken to the witness and obtain his signature thereto in token of its correctness.

(2) In case in which the evidence is not taken down in full in writhing by the officer making the inquiry he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by such officer with his own hand, and shall form part of the record.

(3) If such officer is prevented from making a memorandum as required aforesaid, he shall record the reason of his inability to do so.

(4) When the evidence is given in English, such officer may take it down in that language with his own hand, and an authenticated translation of the same in Marathi shall be made and shall form part of the record.

 

235. Writing and explanation of decisions,-

Every decision, after a formal inquiry, shall be in writing signed by the officer passing the same, and shall contain a full statement of the grounds on which it is passed.

 

236. Summary inquiries how to be conducted,-

In summary inquiries, the revenue officer or survey officer shall himself, as any such inquiry proceeds, record a minute of the proceedings in his own hand in English or in Marathi embracing the material averments made by the parties interested, the material parts of the evidence, the decision and the reasons for the same:

Provided that, it shall at any time be lawful for such officer to conduct an inquiry directed by this Code to be summary under all, or any of the rules applicable to a formal inquiry, if he deems fit.

 

237. Formal and summary inquiries to be deemed judicial proceedings,-

(1) A formal or summary inquiry under this Code shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860), and the office of any authority holding a formal or summary inquiry shall be deemed a civil court for the purposes of such inquiry.

(2) Every hearing and decision, whether in a formal or summary inquiry, shall be in public, and the parties or their authorised agents shall have due notice to attend.

 

238. Ordinary inquiries how to be conducted,-

An inquiry which this Code does not require to be either formal or summary , or which any revenue or survey officer may on any occasion deem to be necessary to make, in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the State Government ,or an authority superior to the officer conducting such inquiry and, except in so far as controlled by such rules, according to the discretion of the officer in such way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.

 

239. Copies and translations, etc., how to be obtained,-

In all cases in which a formal or summary inquiry is made, authenticated copies and translations of decisions, orders, and original documents used as evidence shall be restored to the person who produced them, or to persons claiming under them on due application being made for the same, subject to such charges for copying, searches, inspection and other like matters as may, from time to time, be prescribed by the State Government.

 

240. Arrest of defaulter to be made upon warrant,-

Whenever it is provided by this Code, that a defaulter, or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer competent to direct such person’s arrest.

 

241. Power to enter upon and survey land,-

All revenue and survey officers and when under their observation and control, their servants and workmen when so directed, may enter upon and survey land and demarcate boundaries and do other acts connected with the lawful exercise of their office under this Code or any other law for the time being in force relating to land revenue and in so doing shall cause no more damage than may be required for the due performances of their duties.

Provided that, no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty- four hours notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

 

242. Collector how to proceed in order to evict any person wrongfully in possession of land,-

Whenever it is provided by this Code or by any other law for the time being in force that the Collector may or shall evict any person wrongfully in possession of land, such eviction shall be made in the following manner, that is to say,

(a) by serving a notice on the person or persons in possession requiring them (within such time as may appear reasonable after receipt of the said notice) to vacate the land, and

(b) if such notice is not obeyed, by removing, or deputing a subordinate to remove, any person who may refuse to vacate the same, and

(c) if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person, and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar, or send him with a warrant in the form of Schedule D, for imprisonment in the civil jail of the district for such period not exceeding thirty days, as may be necessary to prevent the continuance of such obstruction or resistance.

 

243. Power to give and apportion costs,-

A revenue or survey officer may give and apportion costs incurred in any case or proceeding arising under this Code or any other law for the time being in force in such manner and to such extent as he thinks fit.

Provided that, the fees of a legal practitioner shall not be allowed as costs in any such case or proceedings, unless such officer considers otherwise for reasons to be recorded by him in writing.

 

244. Persons by whom appearances and applications may be by made before and to revenue or survey officer,-

Save as otherwise provided in any other enactment for the time being in force, all appearances before, application to and acts to be done before, any revenue or survey officer under this Code or any other law for the time being in force may be made or done by the parties themselves or by their recognised agents or by any legal practitioner.

Provided that, subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908), any such appearance shall, if the revenue or survey officer so directs, be made by the party in person.

 

245. Saving,-

Nothing contained in this Chapter shall apply to any proceeding before the Maharashtra Revenue Tribunal under Chapter XV.

 

 

Chapter XIII

Appeals, Revision and Review

 

246. Application of this Chapter,-

The provisions of this Chapter shall not apply to proceedings before the Maharashtra Revenue Tribunal under Chapter XV.

 

247. Appeal and appellate authorities,-

(1) In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision or order of the officer specified in column 1 of the said Schedule.

Provided that, in no case the number of appeals shall exceed two.

(2) When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal shall lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code.

 

248. Appeal when to lie to State Government,-

An appeal shall lie to the State Government from any decision or order passed by a Commissioner or by a Settlement Commissioner or by a Director of Land Records, or by a Deputy Director of Land Records invested with powers of Director of Land Records except in the case of any decision or order passed by such officer on appeal from a decision or order itself recorded in appeal by any officer subordinate to him.

 

249. Appeal against review or revision,-

(1) An order passed in review varying or reversing any order shall be appealable in the like manner as an original decision or order.

(2) An order passed in revision varying or reversing any order shall be appealable as if it were an order passed by the revisional authority in appeal.

 

250. Periods within which appeals must be brought,-

No appeal shall be brought after the expiration of sixty days if the decision or order complained of have been passed by an officer inferior in rank to a Collector or a Superintendent of Land Records in their respective departments; nor after the expiration of ninety days in any other case. The period of sixty and ninety days shall be counted from the date on which the decision or order is received by the appellant.

In computing the above periods, the time required to obtain a copy of the decision or order appealed against shall be excluded.

 

251. Admission of appeal after period of limitation,-

Any appeal or an application for review under this Chapter may be admitted after the period of limitation prescribed therefor when the appellant or the applicant, as the case may be, satisfies the officer or the State Government to whom or to which he appeals or applies, that he had sufficient cause for not presenting the appeal or application, as the case may be, within such period.

 

252. Appeal shall not be against certain orders,-

No appeal shall lie from an order-

(a) admitting an appeal or an application for review under section 251;

(b) rejecting an application for revision or review; or

(c) granting or rejecting an application for stay.

 

253. Provision where last day for appeal falls on Sunday or holiday,-

Whenever the last day of any period provided in this Chapter for presentation of an appeal or an application for review falls on a Sunday or other holiday recognised by the State Government the day next following the close of the holiday shall be deemed to be such last day.

 

254. Copy of order to accompany petition of appeal,-

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

 

255. Power of appellate authority,-

(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it.

Provided that, the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.

(2) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent.

(3) After hearing the parties, if they appear, the appellate authority may, for reasons to be recorded in writing, either annul, confirm, modify, or reverse the order appealed against, or may direct such further investigation to be made, or such additional evidence to be taken as it may think necessary; or may itself take such additional evidence; or may remand the case for disposal with such directions as it thinks fit.

 

256. Stay of execution of orders,-

(1) A revenue or survey officer who has passed any order or his successor in office may, at any time before the expiry of the period, prescribed for appeal, direct the execution of such order to be stayed for such time as he thinks fit, provided no appeal has been filed.

(2) The appellate authority may, at any time, direct the execution of the order appealed from, to be stayed for such time as it may think fit.

(3) The authority exercising the powers of revision or review may direct the execution of the order under revision or review, as the case may be, to be stayed for such time as it may think fit.

(4) The appellate authority or the authority exercising the powers of revision or review may set aside or modify any direction made under sub-section (1).

(5) The revenue or survey officer or the authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

(6) No order directing the stay of execution of any order shall be passed, except in accordance with the provisions of this section.

 

257. Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers,-

(1) The State Government and any revenue or survey officer, not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer, for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer.

(2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may in the same manner call for and examine the proceedings of any officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held.

(3) If in any case, it shall appear to the State Government, or any officer referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings so called for should be modified, annulled or reversed, it or he may pass such order thereon as it or he deems fit.

Provided that, the State Government or such officer shall not vary or reverse any order affecting any question of right between private persons without having to the parties interested notice to appear and to be heard in support of such order.

Provided further that, an Assistant of Deputy Collector shall not himself pass such order in any matter in which a formal inquiry has been held, but shall submit the record with his opinion to the Collector, who shall pall such order thereon as he may deem fit.

 

258. Review of orders,-

(1) The State Government and every revenue or survey officer may, either on its or his own motion or on the application of any party interested, review any order passed by itself or himself or any of its or his predecessors in office and pass such orders in reference thereto as it or he thinks fit.

Provided that,

(i) if the Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed, on the ground other than that of clerical mistake, he shall first obtain the sanction of the Commissioner or the Settlement Commissioner, as the case may be, and if an officer subordinate to a Collector or Settlement Officer proposes to review any order on the ground other than that of clerical mistake, whether such order is passed by himself or his predecessor, he shall first obtain the sanction of the authority to whom he is immediately subordinate;

(ii) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(iii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending be reviewed.

(iv) no order affecting any question of right between private persons shall be reviewed except on an application of a party to the proceedings, and no such application for review of such order shall be entertained unless it is made within ninety days from the passing of the order.

(2) No order shall be reviewed except on the following grounds, namely:-

(i) discovery of new and important matter or evidence;

(ii) some mistake or error apparent on the face of the record;

(iii) any other sufficient reason.

(3) For the purposes of this section the Collector shall be deemed to be the successor in office of any revenue or survey officer who has left the district or who has ceased to exercise powers as a revenue or survey officer and to whom there is no successor in the district.

(4) An order which has been dealt with in appeal or on revision shall not be reviewed by any revenue or survey officer subordinate to the appellate or revisional authority.

(5) Orders passed in review shall on no account be reviewed.

 

259. Rules as to decisions or orders expressly made final,-

Whenever in this Code it is provided that a decision or order shall be final or conclusive, such provision shall mean that no appeal lies from any such, decision or order; but is shall be lawful to the State Government alone to modify annul or reverse any such decision or order under the provisions of section 257.

 

 

 

Chapter XIV

Special Provisions for Land Revenue in the City of Bombay

 

260. Extent of this Chapter,-

The provisions of this Chapter extend to the City of Bombay only.

 

261. Interpretation,-

In this Chapter, unless the context requires otherwise,

(1a) “City Tenures Abolition Act” means the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969 (Mah XLVI of 1969);

(a) “Holder ” in relation to any land, means the occupier of such land, or where rent is paid for such land, any person is receipt of rent for such land who does not pay rent to another person;

            Explanation.— “Rent” in this clause does not include, money paid for land to the Government or to the Municipal Corporation of Greater Bombay or to the Trustees of the Port of Bombay or to a fazendar, except when such money s paid by a person holding such land on a tenancy for a term of less than one year ;

(aa) “revenue division ” means such local area in the City of Bombay as the Collector may, subject to the order of the State Government, by an order in the Official Gazette, constitute to be a revenue division for the purpose of determining the standard rate of assessment of lands therein;

(b) “superior holder ” means the person having the highest title under the State Government to any land in the City of Bombay;

(c) “Survey ” includes identification of boundaries and all other operations antecedent to, or connected with, survey;

(d) “survey-boundary-mark ” means primarily any iron or other mark set up by the officers who conducted the Bombay City Survey hereinafter described ; and include any such new mark that may hereafter be set up by the Collector or under his orders, according to the provisions of this Chapter.

(e) Words and expressions used but not defined in this Chapter shall have the meanings respectively assigned to them in the City Tenures Abolition Act.

 

Assessment and Collection of Land Revenue

262. Power of Collector to fix and to levy assessment for land revenue,-

(1) It shall be the duty of the Collector to fix and to levy the assessment for land revenue subject to the provisions of sub-sections (2) and sub-section (3).

(2) Where there is no right on the part of a superior holder in limitation of the right of the State Government to assess, then, subject to the provisions of the City Tenures Abolition Act, the assessment shall be fixed in accordance with this Chapter.

(3) Where there is a right on the part of a superior holder in limitation of the right of the State Government to assess in consequence of a specific limit established and preserved, and not abolished under the City Tenures Abolition Act, the assessment shall not exceed such specific limit.

 

262A. Rate of assessment not to exceed percentage of market value,-

Except as provided in the City Tenures Abolition Act for the initial assessment of land held on inami or special tenure, the rate of assessment of such lands in each revenue division shall not exceed such percentage of the average of the market value thereof, when used as un built plots, as the State Government may, from time to time, fix in this behalf on the basis of the bank rate of interest published by the Reserve Bank of India under section 49 of the Reserve Bank of India Act,1934 (II of 1934).

 

262B. Standard rate of assessment,-

(1) Subject to the provisions of section 262A, the Collector shall, with the approval of the State Government, fix the rate of assessment per square meter of land in each revenue division (to be called ‘the standard rate of assessment’) which shall be a sum equal to such percentage of the average of the market value of the un-built plots in each division as may have been fixed by the State Government under section 262A.

(2) The market value shall be estimated in the prescribed manner on the basis of-

(a) sales of land in the revenue division during the period of fifteen years immediately preceding the year in which proceedings for the fixation of the standard rate of assessment are initiated;

(b) awards relating to the acquisition of land under the Land Acquisition Act, 1894 (I of 1894), in the revenue division during the period of fifteen years aforesaid;

(c) rental value of lands in the revenue division during the period aforesaid;

(3) The actual assessment of an individual plot in each revenue division shall be fixed by the Collector at an amount equal to the product of the standard rate of assessment in rupees per square meter and the area of the plot in square meter rounded off in the prescribed manner (here in after referred to as ‘the full assessment’).

(4) Any person aggrieved by the decision of the Collector regarding the standard rate of assessment or market value of lands in any revenue division, may appeal to the Commissioner.

(5) The State Government may make rules under section 306 for the institution and disposal of such appeal (including provision for period of limitation and hearing).

 

262C. Publication of standard rates of assessment,-

The standard rates of assessment fixed or revised under this Chapter shall be published in the Official Gazette and in such other manner as may be prescribed before they are brought into force.

 

262D. Standard rate of assessment to be in force for ten years until revised,-

The standard rate of assessment fixed for each division shall come into force from the 1st day of the revenue year immediately following the year in which the rate is fixed; and notwithstanding any alteration in the bank rate of interest or average market value of lands referred to in section 262A, shall remain in force for a period of ten years; and shall be liable to be revised in accordance with the provision of this Chapter after the expiry of the said period. Until it is so revised, the rate fixed as aforesaid shall be deemed to be in force.

 

262E. Period of guarantee,-

(1) Notwithstanding any alteration in the bank rate of interest referred to in section 262A, or the revision of the standard rate of assessment, the assessment fixed in respect of any land under this Chapter shall remain in force for a period of fifty years from the date on which it is fixed (such period being called the period of guarantee).

(2) On the expiry of the period of guarantee, the assessment shall be liable to revision; and the foregoing provisions of this Chapter shall, so far as may be, apply to such revision.

(3) Until the assessment is so revised, the assessment made shall continue in force notwithstanding the expiry of the period of guarantee.

 

263. Settlement of assessment with whom to be made,-

(1) The settlement of the assessment of each portion of land to the land revenue shall be made with the superior holder of the same.

(2) If the superior holder be absent and have left no known, authorized agent in Bombay, or if there be a dispute as to who is entitled to be considered the superior holder of the land, the settlement may be made with the person actually in possession of the land and any assessment so fixed shall be binding upon the rightful superior holder of the land.

(3) Any payment made by the person in possession in accordance with the provision of this Code shall be deemed to have been made on behalf of the superior holder.

(4) Where the superior holder or the person in possession cannot be readily ascertained, the Collector shall give notice calling on all persons claiming the right of a superior holder in or over the said land or right to the possession thereof, to intimate such claim to the Collector at his office.

(5) If no person asserts such right by informing the Collector as aforesaid within twenty-one-days from the date of such notice, the Collector may assess such land at his discretion, and the superior holder and every person then or thereafter in possession of the land shall be liable accordingly.

 

264. Liability of land revenue,-

(1) The superior holder of land, or in his absence the person actually in possession shall be liable in person and property for the land revenue due upon the holding.

(2) Arrears of land revenue due on account of land shall, on failure by the persons interested therein to pay the same on or before the date specified in that behalf in a notice demanding payment posted on or near the land, be a paramount charge on the land and on every part thereof.

 

265. Claims of State Government to have precedence,-

(1) Arrears of land revenue due on any land under this Chapter shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgement-decree, execution, attachment or otherwise howsoever, against such land, or the superior holder thereof.

(2) The claim of the State Government to any moneys other than the arrears of land revenue but recoverable as a revenue demand under the provisions of this Chapter shall have priority over all unsecured claims against any land.

 

266. Power of Collector to give directions regarding payment of revenue,-

Subject to such orders as may be passed by the State Government, the Collector shall from time to give orders and make known the same by notice, to be served on al superior holders of land paying revenue, or in their absence persons in possession, regulating the persons, places and times to whom and within which the revenue payable in respect of any land shall be paid

Provided that, where the assessment leviable in any case under the provisions of this Chapter does not exceed one rupees per annum, it shall be lawful or the Collector subject to the orders of the State Government to levy, in lieu of such assessment, a single lump sum of such amount as the Collector, subject as aforesaid deems to be a fair equivalent of the assessment but not in any case exceeding thirty times the assessment.

 

267. Notice of demand may be served after arrears due,-

(1) If any land revenue is not paid, at or within, the time when it becomes payable the Collector may, on or after the day following that on which the arrears accrue due, cause a notice of demand to be served on the superior holder or on the person in possession, or on both.

(2) Every person to whom any such notice is issued shall be chargeable in respect thereof with a fee not exceeding two rupees calculated according to the rates specified in this behalf in the table in Schedule F:

Provided that, in no case shall the fee chargeable for any notice exceed the amount of the land revenue in respect of which the said notice is issued.

(3) If the superior holder or person in possession as the case may be, shall, for the space of twenty days after service of written notice of demand of payment, fail to discharge the revenue due, it shall be lawful for the Collector to levy the same by-

(a) attachment and sale of the defaulter’s movable property; or

(b) attachment and sale of such portion of the land on which the revenue is due as may be required to satisfy the demand; or

(c) attachment and sale of the right, title and interest of the defaulter in any other immovable property.

Such sales shall be by public auction and shall not take place until at least fifteen days after notice thereof shall have been published in the Official Gazette.

 

268. Sales how to be Conducted,-

Sales under the provisions in this Chapter shall be conducted in accordance with the provisions contained in sections 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 and 220 of this Code:

Provided that, a sale may from time to time be postponed for any sufficient reason recorded in that behalf; and when the sale is postponed for a period longer than thirty days, a fresh notice shall be issued unless the defaulter consents to wave it.

 

269. Defaulters may be arrested and confined,-

If the sale of the defaulter’s property does not satisfy the demand in respect of the arrears of land revenue, it shall be lawful for the Collector to cause the defaulter to be apprehended and confined in the civil jail according to the law in force in the City of Bombay for the confinement of debtors, for which purpose a certificate of demand under the Collector’s signature sent with the defaulter shall be the Sheriff’s sufficient warrant equally with the usual legal process in ordinary cases of arrest in execution of judgement for debt:

Provided that no such apprehension shall be made unless the default is willful and the defaulter is given an opportunity to show cause against his apprehension and confinement

Provided further that, such imprisonment shall cease at any time upon payment of the sum due and that it shall in no case exceed,

(i) a period of six months when the sum due is more than fifty rupees; and

(ii) a period of six weeks in any other case.

 

270. Exemption from attachment and sale,-

(1) All such property as is by the Code of Civil Procedure, 1908 (V of 1908), exempted from attachment and sale in execution of a decree, shall also be exempted from attachment and sale under section 267.

(2) The Collector’s decision as to what property is so entitled to exemption shall be conclusive.

 

271. Collectors decision to be acted in the first instance but may be stayed on security being furnished,-

The decision of the Collector upon any question arising out of the provisions of sections 262 to 269 shall, subject to the provisions of sub-section (4) and (5) of section 262B and section 274) be binding upon all persons whom it may concern, and shall be acted upon accordingly, but the Collector’s decision shall be stayed on any such person giving security to the satisfaction of the Collector that he will, within sixty days from the date when such decision was made known to him, make an appeal before the Commissioner, or as the case may be, the Maharashtra Revenue Tribunal for the purpose of contesting the legality of the Collector’s decision and will fulfill the order that may be passed against him, and will pay all costs and interest which may be so ordered or that, if he fails to file an appeal as above specified, he will when required, pay the amount demanded.

 

272. Compulsory process to cease on payment under protest and on filing appeal and furnishing security,-

All compulsory process against a defaulter shall cease on his paying or tendering the amount demanded of him under protest to the officer executing such process or on his filing an appeal before the Commissioner or as the case may be, the Maharashtra Revenue Tribunal to contest the legality of the demand and furnishing security satisfactory to the Collector, the Commissioner, or the Maharashtra Revenue Tribunal that he will pending the decision of he said appeal neither quit the jurisdiction nor remove nor transfer his property therein, without providing to the satisfaction of the Collector or the Commissioner or of the Maharashtra Revenue Tribunal for the execution of the order passed in appeal.

 

273. Fees in respect of warrant for attachment and sale of defaulters property, Additional fee,-

Fees shall be payable according to the table in Schedule G on all warrant  issued under the provisions of section 269 or the attachment and sale of the property of defaulters by the person in respect of whose property such warrants are issued, and an additional fee of twenty-five paise per diem shall be paid in like manner in respect of each peon employed, whenever the property distrained is placed in charge of any peon or peons.

 

274. Appeals before Maharashtra Revenue Tribunal,-

Except as provided in sub-section (4) and (5) of section 262B, an appeal shall lie against any decision or order passed by the Collector under this Chapter to the Maharashtra Revenue Tribunal.

 

275. Court-fees,-

Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom.XXX VI of 1959), and in section 324 of the Code, every appeal before the Maharashtra Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed by rules under this Chapter.

 

276. Power of State Government to make grants of lands free of revenue,-

If shall be lawful for the State Government to grant lands free of price and free of revenue, whether in perpetuity or for a term of years, and on such other terms and conditions (if any) as may be annexed to the grant.

 

The Bombay City Survey and Boundary Marks

 

277. Bombay City survey recognised,-

The latest survey completed under the authority of the State Government shall be called “the Bombay City Survey” and the demarcation of lands then made, and all the records of the said survey (including alteration or correction made therein before the commencement of this Code) shall be taken as prima facie evidence for all proceedings under and for all the purposes of this Chapter.

Provided that, the Collector may, on the application of the parties interested in such land, and shall, in pursuance of a decree or order of a competent court, cause any alteration or correction to be made of any such demarcation of lands, or of any entry in any such record.

 

278. State Government may order survey and appoint Superintendent,-

(1) The State Government may, whenever it thinks fit, order that a survey shall be made of the lands situated in the City of Bombay and for such purpose may appoint a Superintendent of Survey and one or more Assistant Superintendents of Survey.

(2)The Assistant Superintendents shall exercise such powers as may be delegated to them by the Superintendent.

 

279. Collector or subordinates may enter upon lands,-

It shall be lawful for the Collector or any of his assistants or other subordinates duly authorised by writing under his hand in that behalf and for the Superintendent or any other officer employed in the survey after giving not less than twenty-four hours notice to enter upon any lands for the purpose of inspecting the survey boundary marks erected thereon or of altering, renewing or repairing such marks or for survey in the manner provided in section 241 of this Code.

 

280.Notice to be served on holder to attend,-

Before entering on any land for the purposes of survey, the Superintendent may cause a notice in writing under his hand to be served on the holder or occupier of the land about to be surveyed and on the holders or occupiers of coterminous lands, calling upon them to attend either personally or by agent on such land before him or before such officer as may be authorised by him in that behalf, within a specified time (which shall not be less than three days after the service of such notice), for the purpose of pointing out boundaries and of affording such information as may be needed for the purposes of this Chapter and intimating that in the event of their failing to attend, he or such officer will proceed with the survey in their absence.

 

281. After service of notices superintendent may proceed with survey,-

After due service of notice under section 280, the Superintendent, or such officer as may be authorised by him may proceed with the survey whether the person upon whom notices have been served are present or not.

 

282. Survey map and register,-

(1) The Superintendent shall prepare a map and a register of all lands, which have been surveyed under this Chapter.

(2) To every piece of land separately shown on the map and entered in the register an indicative number shall be assigned, and the name of the person appearing to be the holder thereof at the time of the survey shall be entered in the register.

(3)Nothing contained in such map or register shall affect the rights of any person.

 

283. Superintendent may erect boundary marks,-

The Superintendent may at any time cause to be erected, on any land which is to be, or has been surveyed under this Chapter temporary or permanent boundary marks of such materials and in such number and manner as he may determine to be sufficient for the purpose of the survey.

Provided that, no permanent boundary marks shall be erected when the boundary is defined by a permanent building, wall or fence.

 

284. Maintenance of temporary boundary marks,-

(1) When any temporary boundary mark has been erected under section 283, the Superintendent may cause a notice in writing under his hand to be served on the holder of the land whereon, or adjoining which, such boundary mark is situate requiring him to maintain such boundary mark till the survey has been completed.

(2) If such holder does not comply with such notice, the Superintendent may repair the boundary mark and expenses shall be recoverable from such holder as an arrear of land revenue under the provisions of this Chapter.

 

285. Survey fee may be charged,-

(1) The holder of any land surveyed under this Chapter shall be liable to the payment of a survey fee assessed on the area and ratable value of such land.

(2) The amount of the survey fee payable under sub-section (1) shall be regulated by the Collector in accordance with rules made by the State Government in that behalf.

(3) Any survey fee assessed in accordance with sub-sections (1) and (2) shall be payable within three months from the date of notice to be served by the Collector upon the person liable therefor after the completion of the survey of the City of Bombay; and such survey fee shall be leviable as an arrear of land revenue under the provisions of this Chapter.

(4) Any person who has paid the survey fee assessed on any land under this section shall be entitled to receive free of charge a certified extract from the map and a certified extract from the register prepared under section 282, so far as they relate to such land.

 

286. All documents connected with survey to be sent to Collector,-

(1) After the survey of any part of the City has been completed, the Superintendent shall deposit with the Collector all maps, registers and other documents connected with the survey of such part.

(2) Such deposit shall be notified in the Official Gazette, and any person interested in the survey may, at any time within two months from the date of such notification, inspect such maps, registers and other documents free of charge.

(3) During such period the Collector may, if necessary, and without prejudice to the rights of any of the parties concerned, cause the map or the register prepared under section 282 to be corrected free of charge.

 

287. Maintenance of survey map and register,-

(1) The map and register prepared under section 282 shall be maintained by the Collector, who shall cause the map to be revised and the entries in the register to be corrected from time to time as may be necessary, without prejudice to the rights of any person;

Provided that, no person shall, for the purposes of this section be required to give notice of the acquisition of any interest in land.

(2) The Collector may assess the cost of the revision of any part of the map and all contingent expenses on the land to which such part relates and such cost shall be payable by the holder of such land, and shall be leviable as an arrear of land revenue under the provisions of this Chapter.

 

288. Revision of maps,-

Subject to rules made in this behalf by the State Government under this Chapter, any officer acting under the orders of the Collector of Bombay may, for the purpose of revising any map prepared under this Chapter, exercise any of the powers of a Superintendent under this Chapter.

 

289. Responsibility for maintenance and repair of boundary marks.-

Every superior holder of land shall be responsible for the maintenance and good repair of the survey boundary marks of his holding and for any expenses not exceeding five rupees for each mark, reasonably incurred on account of the same by the Collector in cases of alteration or removal.

 

290. Collector may require superior holder to renew or repair survey marks: Requisition how made,-

In the event of any survey boundary mark being destroyed, defaced, injured or removed, it shall be lawful for the Collector to cause to be served on the superior holder, or in his absence the person in possession of any land of which such mark designates the boundary, a requisition in writing signed by the said Collector, calling on such superior holder or person in possession to renew or repair the said mark, at his own expense, within fifteen days from the date of the service of such requisition.

 

291. On default, Collector or assistants may enter and renew or repair: Charge for renewal or repair,-

If the said survey-boundary mark be not renewed on repaired, within the said period, to the Collector’s satisfaction, it shall be lawful for the Collector or any of his assistants or other subordinates, or other person duly authorised as hereinbefore mentioned, to enter upon any land to which the said mark appertains and to renew or repair it, and for each such mark so renewed or repaired, it shall be lawful for the Collector to charge each superior holder or person in possession, the boundary of whose land is designed by any such mark, such sum, not exceeding rupees ten in the whole as he may deem fit.

 

292. Privilege of title-deeds,-

No person shall for the purposes of surveys undertaken under this Chapter or for erecting boundary marks thereunder be compelled to produce his title deeds to any land or to disclose their contents.

 

293. Proceedings not to be affected by informality,-

The proceedings undertaken under sections 278 to 292 (both inclusive) shall not be affected by reason of any informality, provided that the provisions in these sections be in substance and effect complied with.

 

Government Lands and Foreshore

 

294. Right of Government to lands and foreshore,-

All unoccupied lands within the City of Bombay, and every unoccupied portion of the foreshore, below high water mark, shall be deemed, and are hereby declared to be, the property of the State Government, subject always to the rights of way and all other rights of the public legally subsisting.

For the avoidance of doubt, it is hereby expressly declared that nothing in this section shall be taken to affect the right of the State Government by any earlier law.

 

295. Such lands and foreshore how disposed of,-

It shall be lawful for the Collector, with the sanction of the State Government, to dispose of any lands or foreshore vested in the State Government in such manner and subject to such conditions as he may deem fit; and in any such case, the land or foreshore so disposed of shall be held only in the manner, for the period and subject to the conditions so prescribed.

 

Transfer of lands, etc.

 

296. Notice of transfer of title to lands etc. to be given to Collector,-

(1) Whenever the title to any land, house or other immovable property, subject to the payment of land revenue to the State Government, is transferred or assigned, the person transferring or assigning the same and the person to whom the same is transferred or assigned, shall respectively cause notice of such transfer or assignment to be given to the Collector.

(2) Such notice shall be given within twenty days after execution of the instrument of transfer or assignment, or after its registration if it be registered, or after the transfer or assignment is effected, if no instrument is executed.

(3) In the event of the death of any person in whose name the title to any property is entered in the records of the Collector, the person to whom such title is transferred as heir or otherwise shall cause notice thereof to be given to the Collector within one year from such death.

 

297. Form of notice,-

(1) The notice shall be in the form either of Schedule H or Schedule I as the case may be, and shall state clearly all the particulars required by the said form.

(2) It shall be accompanied, whenever the Collector shall deem fit so to require, by the instrument of transfer if any, by a plan to be furnished of the land which is the subject or assignment, drawn and attested by such officer as the Collector may direct and by a certificate that public notice has been given of the transfer or assignment by beat of bataki.

 

298. Penalty for neglect to give notice,-

Every person neglecting to give the notice required by the two last preceding sections within the time therein specified, shall be liable at the discretion of the Collector to a fine not exceeding ten rupees in case of holdings paying less than one rupee as land-revenue, and in no other case exceeding rupees one hundred.

 

299. Person transferring title and omitting to give notice to continue liable for revenue,-

Every person transferring the title to any land, house or other immovable property subject to the payment of land-revenue to the State Government without giving the notice required by sections 296 and 297 shall continue liable to the State Government for the payment of all land-revenue accruing due in respect thereof, until he gives such notice or until the requisite transfer has been effected in the records of the Collector.

Provided that, nothing contained in this section shall be held to diminish the liability of the land, house or other immovable property to attachment or sale under the provisions of section 267.

 

300. Proceeding in case of disputes as to entry or transfer,-

(1) Whenever any dispute or question arises with respect to the making or completion of any entry or transfer in the records of the Collector, of or relating to any land, house or other immovable property subject to the payment of land revenue to the State Government, the Collector shall summon all the parties interested in such entry or transfer, and shall call for such evidence, and examine such witnesses, as he shall consider necessary, and shall thereupon decide summarily what entry shall be made in his records in respect of such land, house, or other immovable property.

(2) If at any time a certified copy shall be produced to the Collector of an order of a competent court determining the title to any such land, house or other immovable property, the Collector shall amend his records in conformity with such order.

 

301. Registration or transfer not to affect right of Government,-

The registration or transfer of any title in the Collector’s records shall not be deemed to operate so as in any way to affect any right, title or interest of the Government in the land, house or other immovable property in respect of which any such transfer is made or registered.

 

Procedure

 

302. Law applied to summons etc,-

(1) The provisions of the Code of Civil Procedure, 1908 (V of 1908), in force for the time being with respect of the issue of summons and commissions, and the compelling the attendance of witnesses, and for their remuneration in suits before a District Court shall apply to all persons summoned to appear before the Collector under the provisions of this Chapter.

(2) Any notice which the Collector or any of his subordinates is by this Chapter required or empowered to issue shall be deemed to have been sufficiently served,-

(a) if it is addressed to any person and has been-

(i) delivered to such person; or

(ii) delivered at his abode in his absence to any adult member or

servant of his family; or

(iii) sent by post in a letter addressed to him at his last known

residence, address or place of business and registered under

Chapter VI of the Indian Post Office Act, 1898 (VI of 1898); or

(b) if the Collector is in doubt as to the person to whom such notice

should be addressed or as to the residence, address or place of business of any person on whom it is desired to serve such notice, and

(i) Causes the notice to be posted in some conspicuous place on

or near the land to which it relates, and

(ii) publishes the notice either in the Official Gazette, or in such

local newspapers as he deems fit or by proclamation on or near

such land accompanied with beat of drum.

 

Levy of house-rent, fees, penalties, etc.

 

303. Dues leviable as revenue demands,-

(1) All arrears of rent payable by any persons in respect of the occupation of any house the property of the Government and all fees, fines and penalties chargeable under this Chapter and all moneys leviable under the provisions of this Chapter on account of the value of any land, or an account of the alteration, removal, renewal or repair of survey-boundary marks or on account of the abatement or removal of an encroachment shall be realised in the same manner as other revenue demands, under the provisions of sections 267 and 269 of this Chapter.

(2) All other sums declared by any Act or Regulation or by any rules thereunder or by any agreement or contract with the State Government to be leviable as an assessment or as a revenue-demand, or as an arrear of land-revenue, shall also be realised in the same manner as revenue-demands under the provisions of sections 267 and 269 of this Chapter.

(3) All persons who may have become sureties for the payment of any sum of money payable under any of the provisions of this Chapter or for any such contractor as aforesaid shall, on failure to pay the amount or any portion thereof for which they may have become liable under the terms of their security bond, be liable to be proceeded against under the provisions of sections 267 and 269 as revenue defaulters; and the provisions of sections 267 and 269 shall , so far as may be, be applicable to such persons.

 

304. Power to Collector of Bombay to assist other Collectors in realization of dues,-

It shall be lawful for the Collector of Bombay to levy, in the same way as any arrear of land-revenue due under this Chapter any sum certified by the Collector or Assistant or Deputy Collector or a Tahsildar of any district in the State to be due and recoverable as an arrear of land-revenue from any person residing or owning property in the City of Bombay, by whom the same is so certified to be due.

 

305. Collector to keep registers and rent rolls,-

It shall be the duty of the Collector to prepare and keep in such form as the State Government may from time to time sanction a separate register and rent roll of every description of land according to the nature and terms at the tenure on which such land is held.

 

306. Rules,-

(1) The State Government may, by notification in the Official Gazette, make rules consistent with the provisions of this Chapter for carrying into effect the purposes of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may make provision for the guidance of the Collector, and his assistances and other subordinates in the discharge of their duties, or for any other purpose connected with the subject matter of this Chapter not expressly provided for therein.

 

307. Savings,-

(1) Anything done or action taken under the provisions of the Bombay City Land Revenue Act, 1876 (Bom. II of 1876) (including all rules prescribed), appointments made, powers conferred, orders issued and notifications published under that Act, and all other rules (if any) now in force and relating to any of the matters dealt with in this Chapter ; and any surveys made or boundary marks erected or any maps and registers prepared under the Bombay City Survey Act, 1915 (Bom. IV of 1915), shall be deemed to have been prescribed, made, conferred, issued, published, erected and prepared under this Chapter.

(2) All proceedings which have been commenced under any of the Acts aforesaid shall, on the commencement of this Chapter in the City of Bombay, be deemed to have been commenced under this Code and shall hereafter be conducted in accordance with the provisions of this Code.

 

 

 

Chapter XV

Maharashtra Revenue Tribunal

 

308. Definitions,-

In this Chapter, unless the context requires otherwise-

(a) “President” means the President of the Tribunal ;

(b) “Tribunal” means the Maharashtra Revenue Tribunal constituted under section 309.

 

309. Maharashtra Revenue Tribunal,-

(1) There shall be established for the State of Maharashtra a Tribunal to be called the Maharashtra Revenue Tribunal.

(2) The Tribunal shall consist of the President and such number of other members as the State Government may, by notification in the Official Gazette, appoint.

 

310. President and members,-

The qualifications (including age) of the President and other members constituting the Tribunal, the period for which they shall hold office, and their conditions of service, shall be such as may be prescribed.

 

311. Vacancy and temporary absence,-

(1) If any vacancy occurs by reason of the death, resignation or expiry of the appointment, or termination of the appointment, of the President or other members or for any other cause whatsoever, such vacancy shall be filled by appointment of a duly qualified person.

(2) If any member of the Tribunal becomes, by reason of illness or other infirmity, temporarily incapable of performing the duties of his office, the State Government may appoint some other person to discharge his duties for any period not exceeding for six months at one time and the person so appointed shall during that period have the same powers as the person in whose place he is appointed.

(3) If the office of the President falls vacant in circumstances specified in sub-section (1), the senior most member shall act as President until the vacancy in the office of the President is duly filled by appointment of a President by the State Government.

(4) The Tribunal shall not be deemed to be invalidly constituted merely by reason of any vacancy or temporary absence referred to in the foregoing sub-section.

 

312. Register and Deputy Registrars,-

The State Government may, by notification in the Official Gazette, appoint Registrar of the Tribunal having such qualifications as may be prescribed; and may also appoint, in like manner, such number of Deputy Registrars, having such qualifications, as may be prescribed, for such areas as may be specified in the notification.

 

313. Headquarters,-

The Headquarters of the Tribunal shall be in Brihan Mumbai.

 

314. Place of sitting,-

The Tribunal shall ordinarily sit at the headquarters, Aurangabad, Pune and Nagpur and may also sit at any other place convenient for the transaction of business, in the State of Maharashtra, as the President, with the approval of the State Government, may direct by general or special order.

 

315. Jurisdiction of Tribunal,-

(1) Notwithstanding anything contained in Chapter XIII of this Code or any other law for the time being in force, but subject to the provisions of this section, in cases arising under the provisions of the enactments specified in Schedule J,-

(a) an appeal shall lie to the Tribunal from original orders or decisions made or passed by the Collector; and

(b) an application for revision shall lie to the Tribunal from an order or decision made or passed by any subordinate officer or authority.

(2) An application for revision under clause (b) of sub-section (1), shall lie on the following grounds only, that is to say-

(i) that the order or decision of the Collector was contrary to law;

(ii) that the Collector failed to determine some material issue of law; and

(iii) that there was a substantial defect in following the procedure laid down by law which has resulted in the miscarriage of justice.

(3) Save as expressly provided in any enactment for the time being in force, the State Government may, by notification in the Official Gazette, direct that the Tribunal shall also have jurisdiction to entertain and decide appeals from and revise decisions and order of, such persons, officers and authority in such other cases as the State Government may determine; and for that purpose the State Government may, by notification in the Official Gazette, add to, amend or omit, any of the entries in Schedule J; and thereupon, the Tribunal shall have jurisdiction in such matter; and the jurisdiction of any other person, officer or authority therein shall cease.

(4) The State Government may, at any time in like manner, cancel such notification or omit any entry from Schedule J and resume to itself such jurisdiction:

Provided that, nothing herein shall prevent the State Government after such resumption of jurisdiction from conferring any such jurisdiction on any other person officer or authority.

(5) Notwithstanding anything contained in any other law for the time being in force, when the Tribunal has jurisdiction to entertain and decide appeals from, and revise decisions and orders, of, any person, officer or authority in any matter aforesaid, no other person, officer or authority shall have jurisdiction to entertain and decide appeals from and revise decisions or orders of such person, officer or authority in that matter.

(6) Every appeal or application for revision made under this section shall be filed within a period of sixty days from the day of the order or decision of the Collector. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), shall apply to the filling of such appeal or application for revision.

 

316. Jurisdiction barred in certain cases,-

(1) The Tribunal shall have no jurisdiction in any matter which is sub-judice in a court of law.

(2) The Tribunal shall also have no jurisdiction in respect of a matter which in its opinion involves a question as to the validity of any Act, Ordinance or Regulation or any provision contained in an Act, Ordinance or Regulation, the determination of the invalidity of which in its opinion is necessary to the disposal of that matter.

Explanation.— In this section “Regulation” means any Regulation of the Bombay Code or Regulation as defined in the General Clauses Act, 1897 (X of 1897), or in General Clauses Act in force in any part of the State.

 

317. Powers of Tribunal under other laws not affected,-

Nothing contained in this Chapter shall affect any powers or functions of the Tribunal conferred on it, or which may be conferred on it, by or under any other law for the time being in force to entertain and decide any appeals, applications for revision, or other proceedings.

 

318. Tribunal to have power of civil court,-

(1) In exercising the jurisdiction conferred upon it by or under this Chapter, the Tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath, affirmation or affidavit, or summoning and enforcing the attendance of witnesses, of compelling discovery and the production of documents and material objects, requisitioning any public record or any copy thereof from any court or office, issuing commissions for the examination of witnesses or documents, and for such other purpose as may be prescribed; and the tribunal shall be deemed to be a civil court for all the purposes of sections 195, 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974), and its proceedings shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860).

(2) In the case of any affidavit to be filed, any officer appointed by the Tribunal in this behalf may administer the oath to the deponent.

 

319. Practice and procedure,-

(1) Subject to the provisions of this Chapter and to the previous approval of the State Government, the President may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee (including provisions for recovery thereof in the form of court-fee stamps) the right of audience before the Tribunal, the sitting of the members either singly, or in benches constituted by the President (or such member as is authorised by him from amongst the members of the Tribunal), the disposal by the Tribunal, or a bench; and generally for the effective exercise of its power, and discharge of its functions under this Chapter. Where any members sit singly or where any benches are constituted, such members or bench shall exercise and discharge all the powers and functions of the Tribunal.

(2) The regulations made under this section shall be published in the Official Gazette.

 

320. State Government to be heard in certain cases,-

(1) If at any stage in any proceeding before the Tribunal it appears to the Tribunal that the proceedings raise a question, as to the interpretation of law which is of such a nature and of such public importance that it is expedient to issue notice to the State Government, the Tribunal shall issue notice to that Government and that Government may if it thinks fit, appear and the Tribunal shall then hear the State Government before deciding the question.

(2) If it appears to the State Government that in its opinion the interpretation of a provision of law in any proceedings before the Tribunal, is of such nature and of such public importance that it is expedient that the State Government be heard before decision of the question, it may apply to the Tribunal in such proceedings to be heard; and the Tribunal shall not decide the question without hearing the State Government.

 

321. No appeal to State Government and jurisdiction of court barred,-

(1) No appeal shall lie to the State Government against any order passed by the Tribunal in the exercise of its powers of appeal or revision under section 315.

(2) Every order or decision of the Tribunal made or passed by or under this Code shall be final  and shall not be questioned in any suit or other legal proceedings.

 

322. Review of orders of Tribunal,-

(1) The Tribunal may, either on its own motion or on the application of any party interested, and where the State Government is heard, under section 320 on the application by that Government, review its own decision or order in any case, and pass in reference thereto such order as it thinks just and proper

Provided that, no such application made by any party shall be entertained, unless the Tribunal is satisfied that there has been the discovery of new and important matter or evidence which after the exercise of due diligence, was not within the knowledge of such party or could not be produced by him at the time when its decision was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reason:

Provided further that, no such decision or order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order.

(2) An application for review under sub-section (1) by any party or, as the case may be, by the State Government shall be made within 90 days from the date of the decisions or order of the Tribunal:

Provided that, in computing the period of limitation, the provisions of the Limitation Act, 1963 (36 of 1963), applicable to applications for review of a judgment or order of a Civil Court, shall, so far as may be, apply to applications for review under this section.

 

323. Manner of executing orders passed by Tribunal,-

All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government or other competent authority, as the case may be, could have been executed.

 

324. Provision for court-fees,-

Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (XXXVI of 1959), but subject to the provisions of section 275, every appeal or application made to the Tribunal shall bear a court-fee stamp of one hundred rupee, if the value of the suit property is ten thousand rupees or less and of five hundred rupees if such value exceeds ten thousand rupees:

Provided that, where the Tribunal exercises any powers or functions under any relevant tenancy law or other special law and that law provided for the levy of court fee on any appeal or application to the Tribunal, nothing contained in this section shall affect the provision for levy of such fee.

 

325. Rules,-

(1) The State Government may, by notification in the Official Gazette, make rules consistent with the provisions of this Chapter for carrying into effect the purposes of this Chapter.

(1) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely-

(a) the qualifications (including age) of the President and other members of the Tribunal;

(b) the period of office and the terms and conditions of service of the President and other members of the Tribunal;

(c) the qualifications of the Registrar and Deputy Registrars;

(d) any other powers of a Civil Court which may be vested in the Tribunal.

 

326. Saving,-

[******Section 326 was deleted by Mah. 25 of 2002, section 10*******]

 

 

 

 

Chapter XVI

Miscellaneous.

 

327. Maps and land records open to inspection, etc,-

Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall, subject to such restrictions as may be imposed, be open to the inspection of the public at reasonable hours and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same.

 

328. Rules,-

(1) The State Government may make rules not inconsistent with the provisions of this Code for the purpose of carrying into effect the provisions of this code.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters:–

(i) under sub-section (1) of section 13, the other powers and duties of appeal, superintendence and control which may be exercised by revenue officers;

(ii) under sub-section (2) of section 14, the powers which may be exercised by a Circle Officer and Circle Inspector or the Talathi and the duties and functions which may be performed by them;

(iii) under section 15, the qualifications of persons on whom powers may be conferred;

(iv) under sub-section (1), the manner of disposal of the property of the State Government and under sub-section (5) of section 20, the rules to be made for giving notice;

(v) under section 23, the rules regulating the right of grazing on free pasturage lands;

(vi) under sub-section (1), the rules prohibiting or regulating the cutting of certain trees; under sub-section (2) of section 25, the manner in which the occupant may apply to the Collector to fix the value of right in trees and purchase such right;

(vii) under section 26, the manner in which trees, brushwood, jungle or other natural product vesting in Government shall be preserved or disposed of;

(viii) under sub-section (1), the subject to which wood may be taken without payment of any tax; and under sub-section (2) of section 28, the rules regulating the exercise of the privileges;

(ix) under clause (c) of sub-section (2) of section 29, the rules subject to which Bhumidhari may be permitted to be included in Occupants-Class I;

(x) under section 31, the rules for the grant of unalienated land including provision for payment of price, auction and condition to be annexed to such, grant;

(xi) under sub-section (1) of section 32, the rules subject to which alluvial land may be disposed of;

(xii) under sub-section (2) of section 35, the rules subject to which the sub-division shall be disposed of by the Collector;

(xiii) under sub-section (3) of section 36, the rules in accordance with which the Collector may determine liabilities for arrears of land revenue or any other dues and the procedure in accordance with which he may dispose of applications for being placed in possession of occupancy and under sub-section (4) of that section, the payment of premium;

(xiv) under section 38, the rules subject to which the Collector may lease under grant or contract any unalienated unoccupied land;

(xiv-a) under section 41, the form of application for permission for erection of a farm building or carrying out the work of renewal, re-construction, alteration or additions; and the terms and conditions subject to which such permission may be granted by the Collector;

(xv) under section 43, the rules subject to which the Collector or survey officer may prohibit the use of land for other purposes and summarily evict any holder who uses such land for such prohibited purpose;

(xvi) under sub-section (1), the form of application for permission to convert the use of land form one purpose to another; under clause (c) of sub-section (2), the rules subject to which permission for change of user may be granted by the Collector; and under sub-section (3) of section 44, the conditions subject to which the permission for change of user shall be deemed to have been granted; under sub-section (5), the rules prescribing the fine which the defaulter shall be liable to pay; and under sub-section (6) of section 44, the form in which sanad shall be granted to the holder for non-agricultural use;

(xvi-a) under sub-section (2) of section 44A the form in which the person using the land for a bonafide industrial use shall give intimation of the date on which the change of user of land has commenced and furnish other information; and under sub-clause (i) of clause (a) of sub-section (3) of section 44A, the rules subject to which the Collector may levy penalty for failure to send intimation to the Tahsildar; and under sub-section (5) of section 44A, the form of Sanad;

(xvii) under sub-section (1) of section 45, the rules prescribing the fine to be paid as penalty for using land without permission;

(xviii) under section 47, the rules subject to which the Collector may regularise the non-agricultural use of any land;

(xix) under sub-section (9) of section 48, the rules to regulate the extraction and removal of minor minerals;

(xx) under sub-section (1) of section 49, the form in which an application shall be made;

(xxi) under section 51, the rules subject to which the land shall be granted to the encroacher;

(xxii) under section 60, the local area within which the operation of section 55 may be suspended;

(xxiii) under section 66, the rules subject to which a holder of land shall be entitled to decrease of assessment including the rules subject to which the holder is liable for payment of land revenue on reappearance of land lost by diluvion;

(xxiv) under sub-section (4) of section 67, rules according to which the assessment may be made under sub-section (2) and (3) thereof;

(xxv) under sub-section (1) of section 68, the rules subject to which the assessment of the amount to be paid as land revenue may be fixed by the Collector;

(xxvi) under section 72, rules subject to which occupancy or alienated holding shall be disposed of;

(xxvii) under section 75, the form of register of alienated lands to be kept the rules subject to which a certified extract from that register may be granted and the fees to be paid therefor;

(xxviii) under section 78, the rules in accordance with which reduction, suspension or remission of land revenue in any area may be granted;

(xxix) under section 84, the rules in accordance with which the records of the area and assessment of survey numbers and sub-divisions thereof shall be maintained;

(xxx) under sub-section 85, the rules in accordance with which the Collector may divide the holding and apportion assessment thereof;

(xxxi) under sub-section (1) of section 87, the rules in accordance with which the division of survey numbers in sub-divisions and the fixing of the assessments of the sub-divisions shall be carried out and revised; and the land records in which the area and assessment of such sub-divisions shall be entered;

(xxxii) under clause (f) of section 90, the number of soil units in the factor scale corresponding to the sixteen annas classification;

(xxxiii) under sub-section (1), the rules for dividing the lands to be settled in groups and fixing the standard rates for each group; and under sub-section (3) of section 94, the manner in which the land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value;

(xxxiv) under section 96, the manner of ascertaining the average yield of crops of land for the purposes of the settlement and the manner of holding enquiry for that purpose and the manner of submitting report to the Collector;

(xxxv) under section 97, the manner in which a settlement report shall be published;

(xxxvi) under section 99, the amount of costs to be deposited, the manner in which an inquiry shall be made by the Tribunal; and the rules for the refund of the costs;

(xxxvii) under section 102, the manner of giving notice;

(xxxvii-a) under section 108, the manner of determining the capitalised assessment;

(xxxviii) under section 113, the percentage of the full market value of lands and the other manner of publication of the standard rates of non-agricultural assessment, fixed or revised and the manner in which the full market value shall be estimated;

(xxxix) under section 117, the other occupations under clause (1), and the period and conditions under clause (5) thereof;

(xl) under sub-section (2) of section 127, the rules in accordance with which the amount of survey fee shall be regulated by the Collector;

(xli) under section 128, the manner in which and the maps and registers in which, the results of the operations conducted under sections 126 shall be recorded; and the proportion of contribution to be made by a village panchayat to the cost of preparing such maps;

(xlii) under section 131, the charges or fees for granting a copy of sanad;

(xliii) under sub-section (2) of section 136, the rules for regulating the procedure of the Collector in demarcating the boundaries of a survey number or of a sub-division and the nature of the boundary marks to be used and authorising the levy of fees from the holders of land;

(xliv) under section 137, the manner of publication of the scheme, plan and the rules subject to which boundaries may be revised by the survey officer under sub-section (2) and the number of members constituting a village committee and the manner in which the committee shall be elected under sub-section (4) thereof;

(xlv) under section 139, the rules subject to which the Superintendent of Land Records may determine the description of the boundary marks and survey marks and the manner in which they shall be constructed, laid out, maintained or repaired and determining dimensions and materials of such boundary and survey marks under sub-section (3) thereof ;

(xlvi) under section 142, the manner of demarcating boundary and of repairing and renewing boundary marks under sub-section (1) thereof;

(xlvii) under section 148, the other particulars under clause (e) thereto which a record of rights shall include;

(xlviii) under section 149, the rules for producing the requisite evidence of the order by which the permission was given as provided by the third proviso thereof;

(xlix) under section 150, the form of acknowledgement to be given by the Talathi under sub-section (3), the manner in which orders disposing of objections shall be recorded in the register of mutations under sub-section (4), the rules subject to which transfers of entries from the register of mutations to the record of rights shall be effected under sub-section (5), the manner in which entries in the register of mutations shall be certified under sub-section (6) and the manner and procedure to be followed in maintaining the register of tenancies under sub-section (7) thereof;

(l) under sub-section (4), other matters which he booklet should contain; and under sub-section (5) of section 151, the rules in accordance with which such booklet shall be prepared, issued and maintained and the fees to be charged thereof;

(li) the rules for the purpose of section 153;

(lii) under section 154, the form in which and the times at which intimation of transfers by registering officers shall be sent;

(liii) under section 156, the other land records to be prepared;

(liv) under sub-section (2) of section 170, the rules providing for the payment of land revenue in installments and prescribing the dates on which the persons to whom, and the places where at, such installments shall be paid;

(lv) under section 179, the rules subject to which the occupancy or alienated holding forfeited to Government may be sold or otherwise disposed of;

(lvi) under section 187, the rules for the management of unalienated land;

(lvii) under sub-section (1) of section 192, the form of proclamation to be issued by the Collector;

(lviii) under sub-section (4) of section 193, the form of notice;

(lix) under section 205, the manner in which a fresh notice of re-sale of property shall be given;

(lx) under section 238, the rules of conducting ordinary inquiries;

(lxi) under section 239, the charges for copying, searches, inspection and other like matters;

(lxii) under section 327, the rules subject to which , and the fees on payment of which, maps and records shall be open to the inspection of the public and certified extracts from the same or certified copies thereof shall be given;

(lxiii) any other mater for which rules may be made under this Code.

 

329. Provision for previous publication of, and penalty for breach of rules,-

(1) All rules made under this Code shall be subject to the condition of previous publication.

(2) It shall be lawful for the State Government, in making any rules under this Code to prescribe that any person committing a breach of the same shall, in addition to any other consequences that would ensue from such breach, be punishable with such fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose.

 

330. Laying of rules before Legislature,-

Every rule made under this Code shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

 

330A. Delegation of powers and duties,-

Save as specifically provided in this Code, the State Government, and subject to the approval of the State Government, any Commissioner or Collector may, by notification in the Official Gazette, direct that all or any of the powers conferred or duties imposed on it or him by or under this Code may, subject to such restrictions and conditions, if any, be exercisable also by such officer not below such rank, as may be specified in the notification.

 

331. Certain provisions to apply to alienated villages,-

(1) The provisions of section 68 and of Chapters V, VI, VII, VIII and IX shall be applicable to all alienated villages and alienated shares of villages subject, to the following modifications, that is to say-

(i) Subject to the provisions of any covenant or agreement entered into by the State Government with the holder or holders of any such village or share, the costs of any survey directed under section 79 or a fresh survey directed under section 83 and of any settlement carried out under the said chapters in any such village or share shall be payable by the holder or holders in proportion to their shares in the rent or revenue of the village or share;

(ii) if the State Government so directs such costs shall also be payable by any class of persons who, in the opinion of the State Government, have any interest in any land in such village or share and in such proportions as the State Government may direct;

(iii) on the introduction of a settlement under Chapter V or VI in any such village or share, the holder or holders of such village or share shall, in proportion to his share in the rent or revenue of the village or share, be liable to pay-

(a) the salaries of the village officers appointed for the village or

the share including the commutation allowance payable in

respect of a commuted Kulkarni watan in the village, if any;

(b) the costs or the levy of a cess under sections 144, 151 and

152 of the, Maharashtra Zilla Parishads an Panchayat Samitis

Act, 1961 (Mah.V of 1962);

(iv) the liability under clauses (i) and (iii) shall be a first charge on the rent or revenue of such village or share;

(v) the total amount payable under clauses (i) and (iii) in respect of the holding in any such village or share shall be recoverable from the holder of such village or share entered in the record of rights;

(vi) the amount payable under clause (ii) by any class of persons shall be recoverable in such manner as the State Government directs from the members of that class as entered in the record of rights,

(2) All survey settlements hereto before introduced in alienated village shall be valid as if they had been introduced in accordance with the provisions of this section.

 

332. Holders of land in alienated villages,-

When a survey settlement has been introduced under the provisions of section 331 or of any law for the time being in force, into an alienated village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the same responsibilities in respect of the lands in their occupation as holders of land in unalienated villages have, or are affected by, under the provision of this Code, and all the provisions of this Code, relating to holders or land in unalienated villages shall be applicable so far as may be, to them.

 

333. Construction of this Code,-

Nothing in this Code, which applies in terms to unalienated land or to the holders of unalienated land only, shall be deemed to affect alienated land, or the rights of holders of alienated land or of the Government in respect of any such land and no presumption shall be deemed to arise either in favour or to the prejudice, of any holder of alienated land from any provision of this Code in terms relating to unalienated land only.

 

334. Amendment of enactments,-

The enactments specified in Schedule K are hereby amended in the manner and to the extent specified in the fourth column thereof.

 

335. Power to remove difficulty,-

If any difficulty arises in giving effect to the provisions of this Code, the State Government may, as the occasion requires, by order do anything not inconsistent with the purposes of this Code which appears to it to be necessary for the purpose of removing the difficulty

Provided that, no order shall be made under this section after the expiry of one year from the commencement of this Code.

 

336. Repeal and savings,-

On the commencement of this Code, the following laws, that is to say-

(a) the Bombay City Land Revenue Act, 1876 (Bom. II of 1876);

(b) the Bombay Land Revenue Code, 1879 (Bom. V of 1879);

(c) the Bombay City Survey Act, 1915 (Bom. IV of 1915);

(d) the Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958);

(e) the Central Provinces Land Alienation Act, 1916 (C.P II of 1916);

(f) the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955);

(g) the Hyderabad Land Revenue Act, 1317-F (Hyd. VIII of 1317-F);

(h) the Hyderabad Record of Rights in Land Regulations, 1358-F (Hyd. LVIII of

1358-F),-

are hereby repealed:

Provided that, the repeal shall not affect,-

(a) the previous operation of any law so repealed or anything duly done

or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued, or

incurred under any law so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any

offence committed against any law so repealed, or

(d) any investigation, proceeding, legal proceeding or remedy in respect

of any such right, privilege, obligation, liability, penalty, forfeiture or

punishment as aforesaid;

and any such investigation, proceeding, legal proceeding or remedy may be instituted continued or enforced; and any such penalty, forfeitures or punishment may be imposed as if this Code had not been passed:

Provided further that any temporary alienation made by a member of an aboriginal tribe before the commencement of this Code by mortgage, lease or otherwise under the Central Provinces Land Alienation Act, 1916 (C.P II of 1916), shall be regulated in accordance with the provisions of that Act, as if this Code had not been passed.

Provided also that, subject to the preceding provision, and any saving provisions made in any of the Chapters of this Code, anything done or any action taken including any rule, assessments, appointments and transfers made, notifications, orders, summons, notices, warrants and proclamations issued, authorities and powers conferred, forms and leases granted, survey and boundary marks fixed, record of rights and other records framed or confirmed, rights acquired, liabilities incurred and times and places appointed under any law so repealed shall, in so far as it is not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provision of this Code, and shall continue to be in force accordingly, unless and until superseded by anything done or action taken under this Code.

 

337. Construction of reference,-

(1) Any reference in any law in force in the Vidarbha region of the State, to—

(a)(i) a malikmakbuza;

(ii) a raiyat malik;

(iii) an absolute occupancy tenant;

(iv) an occupant;

(v) an ante-alienation tenant;

(vi) a tenant of antiquity;

(vii) a Bhumiswami—

shall be deemed to be a reference to Occupant—Class I; and

(b)(i) an occupancy tenant;

(ii) a raiyat;

(iii) a tenant;

(iv) a permanent tenant;

(v) a Bhumidhari—

shall be deemed to be a reference to Occupant—Class II.

(2) Any reference in any law or in any instrument or other document to the expressions “Mamlatdar, Mahalkari, Patwari, Patwari Circle” shall, unless a different intention appears, be construed as a reference to the corresponding expressions “Tahsildar, Naib-Tahsildar, Talathi and Saza”; and in all suits, or other legal proceeding before any court, tribunal or authority pending on the commencement of this Act in which or to which any of the authorities first mentioned is a party, the authority corresponding thereto shall be deemed to be substituted therefor.

 

 

 

 

 

 

Schedule A

(See sections 17 and 183)

Form of warrant to be issued by the Collector under section 17 or 183.

(Seal)

 

To,

The Officer-In-Charge of the Civil Jail At…………………………

 

Whereas AB of ………………………………………………………………………………………….. was on the day of ……..………………………….20….…………………………………,ordered by ……………………..to…………………………….. (here state the substance of the demand made);and whereas the said AB has neglected to comply with the said order, and it has therefore been directed, under the provisions of section 17 or 183 of the Maharashtra Land Revenue Code, 1966, that he be imprisoned in the civil jail until he obeys the said order or until he obtains his discharge under the provisions of section 17 or 183 or 191, as the case may be, of the said Code; you are hereby required to receive the said AB into jail under your charge and to carry the aforesaid order into execution according to law.

 

Dated this……………………….day of ………………20……,………..

 

Seal

 

 

(Signature of the Collector)

 

_____________________________

 

 

 

Schedule B

Form of Bond to be required under section 19 or 191

 

Whereas I, ..……………………………………………………………,have been ordered by………………………………………………to …………………………………………………… (here state the nature of the demand) and whereas I dispute the right of the said …………………… to make the said order, I hereby bind myself to file a suit within fifteen days from the date of this bond in the District Court of….…………………….to contest the justice of the demand, and do agree that in the event of a decree being passed against me, I will fulfill the same and will pay all, amounts including costs and interests, that may be due by me, or that if I fail to institute a suit as aforesaid, I will, when required, pay the abovementioned amount of.………………………..rupees (or will deliver up the abovementioned papers or property, as the case may be),and in the case of my making default therein, I hereby bind myself to forfeit to the State Government the sum of ………………………………………… rupees.

 

Dated

(Signature)

 

Form of Security to be subjoined to the bond of the principal.

 

We,………………………………………………………hereby declare ourselves securities for the above said…….………………………… that he shall do and perform all that he has above undertaken to do and perform and in case of his making default therein, we hereby bind ourselves to forfeit to the State Government the sum of …………….…………………………… rupees.

 

Dated

(Signature)

____________________________

 

Schedule C

(See Sections 129 and 130)

Form of Sanad for building sites

(The Asoka Capital Motif)

The Government of Maharashtra

 

To ………………………………………………..

 

Whereas the State Government with a view to the settlement of the land revenue, and the record and preservation of proprietary and other rights connected, with the soil, has under the provisions of the Maharashtra Land Revenue Code, 1966, directed as survey of the lands within the..…………………………….. of….……………………………… and ordered the necessary inquiries connected therewith to be made, this sanad is issued under section 129 or 130 of the said Code to the effect that—

There is a certain plot of ground occupied by you in the …………………………..Division of the…..…………………………..of….………………………………………………………………..Register No. ……………………………………… in the map marked-sheet..………………………………No. …………………………………………………and facing towards the ..………………………….…………………………. the  road leading from …….……………………………………………… to..………………………………………………………… containing about ……………………………………….. Square metres and of the following shape and  about the following dimensions—

You are hereby confirmed in the said occupancy exempt from all land revenue (or subject to the payment of Rs. …..…………………………….. per annum of the land revenue).

The terms of your tenure are such that your occupancy is both transferable and heritable, and will be continued by the State Government, without any objection or question as to title to whosoever shall from time to time be its lawful holder (subject only to the condition of the payment annually of the above land revenue according to the provisions of the Maharashtra Land Revenue Code, 1966 or of any other law for the time being in force, and to the liability to have the said rate of assessment revised at the expiration of a term of ….………………. years reckoned from the ..………………………… and thereafter at successive periods of ………………………. years in perpetuity, and to the necessity for compliance with the provisions of the law from time to time in force as to the time and manner of payment of the said assessment, and to the liability of forfeiture of the said occupancy and of all rights and interests connected therewith in case of your failure to pay the said assessment as required by law).

(Signature)

_____________________

 

Schedule D

(See section 242)

Form of Warrant to be issued by the Collector under section 242.

(Seal)

 

To,

The Officer In Charge of the Civil Jail At ………..…………………………

 

Whereas AB of …………………………………… has resisted (or obstructed) C.D in removing EF (or himself, that is, the said AB) from………. …………………… certain land in the village…………….……………………………………. in the..………………………………. taluka …………………………………. the land or foreshore situated at……………. and whereas it is necessary, in order to prevent the continuance of such resistance or obstruction to commit the said AB to close custody; you are hereby required under the provisions of section 242 of the Maharashtra Land Revenue Code, 1966, to receive the said AB into the jail under your charge and thereto keep him in safe custody for…….days.

 

Dated this .………………………… day of ….………………………… 20…… .

 

 

(Signature of the Collector)

 

____________________________

 

Schedule E

(See section 247)

 

Revenue Officer	Appellate Authority
1. All Officers in a Sub-Division, sub-ordinate to the Sub-division Officer.	Sub-divisional Officer or such Assistant or Deputy Collector as may be specified by the Collector in this behalf.
2. Sub-Divisional Officer, Assistant or Deputy Collector.	Collector or such Assistant or Deputy Collector who may be invested with powers of the Collector by the State Government in this behalf.
3. Collector (including the Collector of Bombay) or Assistant/Deputy Collector invested with the appellate power of the said Collector.	Divisional Commissioner.
4. A person exercising powers conferred by section 2(15).	such officer as may be specified by the State Government in this behalf.

 

Survey Officer	Appellate Authority
1. District Inspector of Land Records, Survey Tahsildar and such officers not above the rank of District Inspector of Land Records	Superintendent of Land Records or such officers of equal ranks as may be specified by the State Government in this behalf.
2. Superintendent of Land Records and other officers of equal ranks	Director of Land Records or the Deputy Director of Land Records, who may be invested with the powers of Director of Land Records by the State Government in this behalf.
3. Settlement Officer	Settlement Commissioner.

 

                             _______________________________________

 

 

 

 

 

Schedule F

(See section 267)

Table of rates of fees payable under the provisions of section 267 in respect of notices demanding payment of arrears of revenue.

 

Revenue due	Notice Fee
	Rs. P.
Not exceeding Rs. 25	0.50
Over Rs. 25 and not exceeding Rs. 100	1.00
Over Rs. 100	2.00

 

 

 

______________________________________

 

Schedule G

(See section 273)

Table of fees payable under the provisions of section 273 of this Code.

 

Sum distrained for	Fee
	Rs. P.
Not exceeding Rs.5	0.50
Over Rs.5 and not exceeding Rs. 10	1.00
10–15	1.50
15–20	2.00
20–25	2.50
25–30	3.00
30–35	3.50
35–40	4.00
40–45	4.50
45–50	5.00
50–60	6.00
60–80	7.50
80–100	9.00
Upwards of Rs.100	10.00

 

 

______________________________

 

 

 

 

 

 

 

 

Schedule H

(See section 297)

Form of notice of transfer to be given under section 297 of this Code when the transfer has taken place otherwise than by Instrument.

 

To,

The Collector Of Mumbai.

 

I, A.B., hereby give notice, as required by section 302 of the Maharashtra Land Revenue Code,1966, of the following transfer of property:-

 

Date of Notice	Name in which the property is at present entered in the Collector’s records	To whose name it is to be transferred	Description of the Property						Remarks
			Of what it consists	Situation	Collector’s No.	Mumbai City Survey No.	Dimensions of land	Boundaries

 

(Signed)

A.B.

 

_______________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule I

(See section 297)

Form of notice of transfer to be given under section 297 of this Code when the transfer has been effected by Instrument.

 

To,

The Collector Of Bombay

 

1. A.B., hereby give notice, as required by section 302 of the Maharashtra Land Revenue Code,1966, of the following transfer of property:-

 

Date of Notice		Date of instrument		Name of vendor or assignor		Name of purchaser or assignee			Amount of consideration
Description of the Property									If instrument has been registered, the date of registration,
Of what it consists	Situation		Collector’s No.		Bombay City Survey No.		Dimensions of lands	Boundaries	Remarks

 

 

 

____________________________

 

 

 

 

 

 

 

 

 

 

 

Schedule J

(See section 315)

Name of Enactment	Appellate or revisional Jurisdiction against orders or decisions in cases arising under the following provision.
1. The Maharashtra Land Revenue Code,1966 (Mah. XLI of 1966)	Section 24, Section 27, Section 59, except clause (b) thereof, Section 65, Section 66.
2. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act, XXI of 1950)	Section 18, Sub-section (2), Section 44, Sub-section (1), Section 47, Section 48, Section 49, Section 71, Section 75.
3. The Madhya Pradesh Abolition of  Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951)	Section 24, Section 25, Section 26, Section 27.

 

Note:- Schedule J was inserted by Mah. 23 of 2007, Section13.

 

_____________________________

 

 

 

 

 

 

 

 

 

 

 

Schedule K

Enactments amended

(See section 334)

Serial No.	Number and year	Short title	Extent of amendment
(1)	(2)	(3)	(4)
1.	X of 1876	The Bombay Revenue Jurisdiction Act, 1876	In section 11, for the words “No Civil Court shall entertain ” the words and figures “Except as otherwise expressly provided in the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), no Civil Court shall entertain” shall be substituted.
2.	Bom. LXVII of 1948	The Bombay Tenancy and Agricultural lands Act, 1948.	1. Chapter V-A shall be deleted; 2. In section 70, clause (na) shall be deleted; 3. In section 74, in sub-section (1), clause (f) shall be deleted; 4. In section 81, In sub-section (1), in the Table, the entries relating to section 66-A shall be deleted; 5. In clause 82, in sub-section (2), clause (1a) shall be deleted.
3.	Hyd. XXI of 1950	The Hyderabad Tenancy and Agricultural Lands Act, 1950 as re-enacted, validated and further amended by Mah. XLV of 1961.	1. Chapter V-A  shall be deleted; 2. In section 96, , in sub section (1), in the Table, the last two entries relating to sections 50-D and 50-F shall be deleted;
4.	Bom. XCIX of 1958	The Bombay Tenancy and Agricultural lands (Vidarbha Region) Act, 1958.	1. Chapter IX shall be deleted; 2. In section 107, in sub-section (1), clause (z) shall be deleted; 3. In section 117, in sub-section (1), in the Table all entries relating to section 93 shall be deleted.

 

 

_________________________________