1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XLI
OF  1966.

THE  MAHARASHTRA  LAND  REVENUE  CODE, 1966.

( As  modified  upto  the  17th November 2018 )



PRINTED  IN  INDIA   BY  THE MANAGER,   GOVERNMENT CENTRAL PRESS,
MUMBAI  AND PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,
STATIONERY  AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400  004.

2018

[Price : Rs. 186.00 ]

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

(i)

THE  MAHARASHTRA  LAND  REVENUE  CODE,  1966.
CONTENTS

PREAMBLE.
SECTIONS.

CHAPTER   I
PRELIMINARY

1. Short  title,  extent  and  commencement.
2. Definitions.

Revenue  Areas
3. Division  of  State  into  revenue  areas.
4. Constitution  of  revenue  areas.

CHAPTER    II
REVENUE  OFFICERS : THEIR  POWERS AND DUTIES

5. Chief  controlling  authority  in  revenue  matters.
6. Revenue  officers  in  division.
7. Revenue  officers  in  district.
8. Survey  Officers.
9. Combination  of  officers.

9A. Delegation  of  powers.
10. Temporary  vacancies.
11. Subordination  of  officers.
12. Appointments  to  be  notified.
13. Powers  and  duties  of  revenue  officers.
14. Powers  and  duties  of  survey  officers,  circle  officers,  etc.
15. Conferral  by  State  Government  of  powers  of  revenue  officers  on

other  persons.

16. Seals.

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.

18. Public  moneys  may  also  be  recovered  as  arrears  of  revenue;    and
search  warrant  may  be  issued  for  recovery  of  papers  or  property.
19. Officer  or  person  in  jail  may  secure  his  release  by  furnishing

security.

CHAPTER    III
OF LANDS

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

of  others.

21. Extinction  of  rights  of  public  in  or  over  any  public  road,    lane  or

path  not  required for use of public.

22. Lands may be assigned for special purposes, and when assigned, shall

not  be  otherwise  used  without  sanction  of  Collector.

22A. Prohibition  on  diversion  of  use  of Gairan  land.

23. Regulation  of  use  of  pasturage.
24. Recovering value of natural products unauthorizedly removed from

certain  lands.

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SECTIONS.

25. Right  to  trees  in  holdings.
26. Trees  and  forests  vesting  in  Government.
27. Recovery  of  value  of  trees,  etc.,  unauthorizedly  appropriated.
28. Regulation  of  cutting  and supply  of  wood,  etc.

29. Classes  of  persons  holding  land.

Of the Grant of Land

29A. Conversion  of  occupancy  of  certain  Government  lands.

30. Occupation  of  unalienated  land  granted  under  provisions  of  the

Code.

31. Unoccupied  land  may  be  granted  on  conditions.
32. Grant of  alluvial land vesting  in Government.
33. Temporary right to alluvial  lands of small extent.
34. Disposal  of  intestate  occupancies.
35. Disposal  of  relinquished  or  forfeited  sub-division.
36. Occupancy  to  be  transferable  and  heritable  subject  to  certain

restrictions.

36A. Restrictions  on  transfers  of  occupancies  by  Tribals.
36B. Damages  for  use and  occupation  of  occupancies in  certain  cases.

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

36C. Bar  of  jurisdiction  of  Civil  Court  or  authority.

37. Occupant’s  rights  are  conditional.

37A. Restrictions  on  sale,  transfer,  redevelopment,  change  of  use,  etc.,

in relation to Government land and nazul land.

38. Power  to  grant  leases.
39. Occupant  to  pay  land  revenue  and  Government  lessee  to  pay  rent

fixed.

40. Saving  of  powers  of  Government.

Of Use of Land

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

his land.

42. Permission  for  non-agricultural  use.

42A. No  permission  required  for  change  of  use  of  land  situate  in  area

covered  by  Development  Plan.

42B. Provision  for  conversion  of  land  use  for  lands  included  in  final

Development  Plan  area.

42C. Provision for conversion of land use for lands included in the Draft

Regional  Plan.

42D. Provision  for  conversion  of  land  use  for  the  residential  purpose.

43. Restrictions  on  use.
44. Procedure for conversion of use of land from one purpose to another.

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

45. Penalty  for  so  using  land  without  permission.
46. Responsibility  of  tenant  or  other  person  for  wrongful  use.
47. Power  of  State  Government  to  exempt  lands  from  provisions  of

section 41, 42, 44, 45 or 46.

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

of land.

48. Government  title  to  mines  and  minerals.

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SECTIONS.

49. Construction  of  water  course  through  land  belonging  to  other

person.

Of  Encroachments  on  Land

50. Removal  of  encroachments  on  land  vesting  in  Government;

Provisions for  penalty  and  other  incidental  matters.

51. Regularisation  of  encroachments.
52. Value  and  land  revenue  how  calculated.
53. Summary eviction of person unauthorisedly occupying land vesting

in  Government.

54. Forfeiture and removal of property left over after summary eviction.
54A. Additional  temporary  powers  for  termination  of  licences,  and
removal of any building or other structure on any land or foreshore
which  is  forfeited  and  of  persons  re-entering  or  remaining  on  the
land  or  foreshore  after  eviction.

Of Relinquishment of Land

55. Relinquishment.
56. Relinquishment  of  alienated  land.
57. Right of way  to relinquished land.
58. Saving of operation of section 55 in certain cases.
59. Summary  eviction  of  person  unauthorisedly  occupying  land.
60. Power  of  State  Government  to  suspend  operation  of  section  55.

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.

62. Bar of attachment or sale.
63. Bar  of  foreclosure  or  attachment or  sale  of  Bhumidhari’s  right.
CHAPTER  IV
OF LAND REVENUE

64. All  land  liable  to  pay  revenue  unless  specially  exempted.
65. Liability  of  alluvial  lands  to  revenue.
66. Assessment  of  land  revenue in  cases  of  diluvion.
67. Manner of assessment and  alteration of assessment.
68. Assessment by whom to be fixed.
69. Settlement of assessment to be made with holder directly from State

Government.

70. Rates for use of water.
71. The  fixing  of assessent  under  this  Code  limited to  ordinary  land

revenue.

72. Land revenue to be paramount charge on land.
73. Forfeited  holdings  may  be  taken  possession  of  and  otherwise

disposed.

74. To  prevent  forfeiture  of  occupancy  of  certain  persons  other  than

occupant may pay land revenue.

75. Register  of  alienated  lands.
76. Receipts.

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SECTIONS.

77. Penalty  for  failure  to  grant  receipts.
78. Reduction,  supension  or  remission  of  land  revenue.

CHAPTER  V
REVENUE SURVEYS

79. Revenue  survey  may  be  introduced  by  State  Government  into  any

part of State.

80. Survey officer may require by general notice or by summons, suitable

service  from  holders  of  land,  etc.

81. Assistance  to  be  given  by  holders  and  others  in  measurement  or

classification  of  lands.

82. Survey numbers not to be of less than certain extent.
83. Power  of  State  Government  to  direct  fresh  survey  and  revision  of

assessment.

84. Entry  of  survey  numbers  and  sub-divisions  in  records.
85. Partition.
86. Division of  survey numbers  into new  survey numbers.
87. Division  of  survey  numbers  into  sub-divisions.
88. Privilege  of  title-deeds.
89. Survey  made  before  commencement  of  this  Code  to  be  deemed  to

be made under this Chapter.

CHAPTER  VI
ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LANDS

Interpretation.

90.
91. Forecast  as  to  settlement.
92. Power of State Government to direct original or revision settlement

of land revenue of any lands.

93. Term  of  settlement.
94. Assessment  how  determined.
95.

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

96. Settlement  Officer  how  to  proceed  for  making  settlement.
97. Settlement  report  to  be  printed  and  published.
98. Submission  to  Government  of  settlement  report  with  statement  of

objections,  etc.,  and  Collector’s  opinion  thereon.

99. Reference  to  Revenue  Tribunal.

100. Orders  on  Settlement  Report.
101. Power  of  State  Government  to  exempt  from  assessment  for  water

advantages.
Introduction  of  settlement.

102.
103. Claims to hold land free of land revenue.
104. Assessment of lands wholly exempt from payment of land revenue.
105. Power  to  State  Government  to  direct  assessment  for  water

advantages.

106. Power  of  Collector  to  correct  errors.

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SECTIONS.

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

this  Chapter.

CHAPTER  VII
ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR

NON-AGRICULTURAL  PURPOSES

Interpretation.

108.
109. Non-agricultural assessment of lands to be determined on basis of
their  Non-argicultural  use  and  having  regard  to  urban  and  non-
urban areas.

110. Procedure  for  determining  non-agricultural  assessment  of  lands

in non-urban areas.

111. Prodedure  for  determining  non-agricultural  assessment  in  urban

areas.

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

market  value.

113. Power  of  collector  to  fix  standard  rate  of  non-agricultural

assessment.

[ Deleted ]

114. Rate  of  assessment  of  lands  used  for  non-agricultural  purposes.
115. Date  of  commencement  of  non-agricultural  assessment.
116.
117. Lands  exempt  from  payment  of  non-agricultural  assessment.
118. Revocation  of  exemption.
119. Non-agricultural assessment of lands wholly exempt from payment

of  land  revenue.

120. Non-agricultural  assessment  fixed  before  commencement  of  Code

to  continue  in  force  until  altered.

CHAPTER  VIII
OF LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND CITIES

121. Application  of  Chapter.
122. Limits of sites of villages, towns and cities how to be fixed.
123. No land revenue to be levied in certain cases on lands within sites

of village, town  or city.

In certain cases survey fees to be charged.

124. Right  to  exemption  to  be  determined  by  Collector.
125. Pardi and wada  lands exempted  from payment  of land  revenue.
126. Survey of lands in village sites how to be conducted.
127.
128. Maps of  village sites.
129. Sanad to be granted without extra charge.
130. Grant of sanad on alteration of holding.
131. Duplicate sanads may be granted.

CHAPTER  IX
BOUNDARY AND BOUNDARY MARKS

132. Fixation  and  demarcation  of  boundaries.
133. Determination  of  village  boundaries.
134. Determination  of  field  boundaries.

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[1966: Mah. XLI

SECTIONS.

135. Disputes  regarding  boundaries  between  villages,  survey  numbers

and sub-divisions or area of any survey number or sub-division.

136. Demarcation  of  boundaries  of  survey  number  or  sub-division.
137. Straightening  out  crooked  boundaries.
138. Effect  of  settlement  of  boundary.
139. Construction and repairs of boundary marks of survey numbers and

villages,  etc.

140. Responsibility  for  maintenance  of  boundary  marks  and  survey

marks.

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

introduction  of  survey.

142. Demarcation and maintenance of boundary marks between holding

and  village  road.

143. Right  of  way  over  boundaries.
144. Demarcation  of  boundaries  in  areas  under  town-planning  scheme

or  improvement  scheme,  or  consolidation  scheme.

145. Penalty for injuring boundary marks.
146. Power  to  exempt  from  operation  of  this  Chapter.

CHAPTER  X
LAND RECORDS
A—Record  of  Rights

147. Exemption  from  provisions  of  this  Chapter.
148. Record  of  rights.

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

device.

149. Acquisition  of  rights  to  be  reported.
150. Register  of  mutations  and  register  of  disputed  cases.
151. Obligation to furnish information; obligation to furnish entries from
record  of  rights,  etc.,  to  holder  or  tenant  in  booklet  form  and  to
maintain  booklet,  etc.

Intimation  of  transfers  by  registering  officers.

152. Fine  for  neglect  to  afford  information.
153. Requisition  of  assistance  in  preparation  of  maps.
154.
155. Correction  of  clerical  errors.
156. Land  records.
157. Presumption  or  correctness  of  entries  in  record  of  rights  and

register  of  mutations.

158. Bar of suits.
159. Records  of  rights  at  commencement  of  Code.

B—Rights  in  unoccupied  land

160. Application  of provisions  of  sections  161 to  167.
161. Nistar  Patrak.
162. Matters  to be  provided  for in Nistar  Patrak.
163. Provisions  in Nistar  Patrak  for  certain  matters.

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SECTIONS.

164. Right in waste land of another village.
165. Wajib-ul-arz.
166. Regulation  of  fishing,  etc.
167. Punishment  for  contravention  of  provisions.

CHAPTER  XI
REALISATION OF LAND REVENUE AND OTHER REVENUE DEMANDS

168. Liability  for  land  revenue.
169. Claims  of  State  Government  to  have  precedence  over  all  others.
170. Dates on which land revenue falls due and is payable.
171. Temporary  attachment  and  management  of  village  or  share  of

village.

172. Temporary attachment and management of village or share of village

to  be  vacated  (withdrawn)  on  security  being  furnished.
‘Arrear’ ;  ‘defaulter’.

173.
174. Penalty for default of  payment of land revenue.
175. Certified  account  to  be  evidence  as  to  arrears.
176. Process  of  recovery  of  arrears.
177. Revenue  demands  of  former  years  how  recoverable.
178. When notice of demand may issue.
179. Occupancy  or  alienated  holding  for  which  arrear  is  due  may  be

forfeited.

180. Distraint  and  sale  of  defaulter’s  movable  property.
181. Sale  of  defaulter’s  immovable  property.
182. Power  to  attach defaulter’s  immovable  property  and take  it  under

management.

183. Arrest  and  detention  of  defaulter.
184. Power  to  arrest  by  whom  to  be  exercised.
185. Power to attach defaulter’s village and take it under management.
186. Lands of  such village  to revert  free of  encumbrances.
187. Revenue  management  of  villages  or  estates  not  belonging  to
Government that  may be  temporarily under  management of  State
Government.

188. Application  of  surplus  profits.
189. Restoration  of  village  so  attached.
190. Village,  etc.,  to  vest  in  State  Government  if  not  redeemed  within

twelve  years.

191. But all processes  to be stayed on  security being given.
192. Procedure  in  effecting  sales.
193. Notification  of  sales.
194. Sale by whom to be made; time of sale, etc.
195. Postponement  of  sale.
196. Sale  of  perishable  articles.
197. When sale may be stayed.
198. Sale  of  movable  property  when  liable  to  confirmation.

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SECTIONS.

199. Mode  of  payment  for  movable  property  when  sale  is  concluded  at

once.

200. Mode of payment when sale is subject to confirmation.
201. Deposit  by  purchaser  in  case  of  sale  of  immovable  property.
202. Purchase money when to be paid.
203. Effect  of  default.
204. Liability  of purchaser  for  loss by  re-sale.
205. Notification  before  re-sale.
206. Setting aside sales  of movables.
207. Application  to  set  aside  sale  of  immovables.
208. Order  confirming  or  setting  aside  sale.
209. Purchaser may apply to set aside sale under certain circumstances.
210. Application to set aside sale by person owing or holding interest in

property.

211. Refund  of  deposit  or  purchase  money  when  sale  set  aside.
212. On  confirmation  of  sale,  purchaser  to  be  put  in  possession,

Certificate  of  purchase.

213. Bar  of  suit  against  certified  purchaser.
214. Application  of  proceeds  of  sale.
215. Surplus  not  to  be  paid  to  creditors,  except  under  order  of  court.
216. Certified  purchaser liable  only  for  land revenue  subsequently  due.
217. Purchaser’s  title.
218. Claims  to  attached  property  how  to  be  disposed  of.
219. Bar of revenue officer to bid, etc., at sale.
220. Purchase on nominal bid.
221. Sum  recoverable  under  provisions  of  this  Chapter.
222. Recovery of free grants as arrear of revenue in case of misuse.
223. Recovery  of  monies  from  surety.

CHAPTER  XII
PROCEDURE OF REVENUE OFFICERS

224. Subordination  of  revenue  officers.
225. Power  to  transfer  cases.
226. Power  to  transfer  cases  to  and  from  subordinates.
227. Power to summon persons to give evidence and produce documents.
228. Summons to be in writing, signed and sealed; service of summons.
229. Compelling  attendence  of  witness.
230. Mode  of  serving  notice.
231. Procedure  for  producing  attendance  of  witnesses.
232. Hearing in absence of party.
233. Adjournment  of  hearing.
234. Mode  of  taking  evidence  in  formal  enquiries.
235. Writing  and  explanation  of  decisions.
236. Summary  inquiries  how  to  be  conducted.

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SECTIONS.

237. Formal and  summary inquiries to  be deemed  judicial proceedings.
238. Ordinary  inquiries  how  to  be  conducted.
239. Copies  and translations,  etc., how  to be  obtained.
240. Arrest of  defaulter to be made  upon warrant.
241. Power to  enter upon  and survey  land.
242. Collector  how  to  proceed  in  order  to  evict  any  person  wrongfully

in  posession  of  land.

243. Power  to  give  and  apportion  costs.
244. Persons by whom apperances and applications may be made before

and  to  revenue  or  survey  officer.

245. Saving.

CHAPTER  XIII
APPEALS, REVISION AND REVIEW

246. Application  of  this  Chapter.

246A. Pending  applications  for  conferral  of  Occupants-Class  I  Rights.

247. Appeal  and  appellate  authorities.
248. Appeal  when  to  lie  to  State  Government.
249. Appeal  against  review  or  revision.
250. Periods  within  which  appeals  must  be  brought.
251. Admission  of  appeal  after  period  of  limitation.
252. Appeal  shall  not  be  against  certain  orders.
253. Provision where last day for appeal falls on Sunday or holiday.
254. Copy  of  order  to  accompany  petition  of  appeal.
255. Power  of  appellate  authority.
256. Stay  of  execution  of  orders.
257. Power  of  State  Government  and  of  certain  revenue  and  survey
officers  to  call  for  and  examine  records  and  proceedings  of
subordinate  officers.

258. Review  of  orders.
259. Rules  as  to  decisions  or  orders  expressly  made  final.

CHAPTER   XIV
SPECIAL PROVISIONS FOR LAND REVENUE IN THE CITY OF BOMBAY

260. Extent  of  this  Chapter.
Interpretation.
261.

Assessment  and  Collection  of  Land  Revenue

262. Power  of  Collector  to  fix  and to  levy  assessment  for  land  revenue.

262A. Rate  of  assessment  not  to  exceed  percentage  of  market  value.
262B. Standard  rate of  assessment.
262C. Publication  of  standard  rates  of  assessment.
262D. Standard rate of assessment to be in force for ten years until revised.
262E. Period  of  guarantee.

263. Settlement of assessment with whom to be made.
264. Liability  of  land  revenue.
265. Claims  of  State  Government  to  have  precedence.

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SECTIONS.

266. Power of Collector to give directions regarding payment of revenue.
267. Notice of demand may be served after arrears due.
268. Sales  how  to  be  conducted.
269. Defaulters  may  be  arrested  and  confined.
270. Exemption  from  attachment  and  sale.
271. Collector’s  decision  to  be  acted  in  the  first  instance  but  may  be

stayed  on  security  being  furnished.

272. Compulsory process to cease on payment under protest and on filing

appeal  and  furnishing  security.

273. Fees  in  respect  of  warrant  for  attachment  and  sale  of  defaulter’s

property. Additional  fee.

274. Appeals  before  Maharashtra  Revenue  Tribunal.
275. Court-fees.
276. Power of State Government to make grants of lands free of revenue.

The  Bombay  City  Survey  and  Boundary  Marks

277. Bombay  City  Survey  recognised.
278. State  Government  may  order  survey  and  appoint  Superintendent.
279. Collector  or  subordinates  may  enter  upon  lands.
280. Notice  to  be  served  on  holder  to  attend.
281. After  service  of  notices,  Superintendent  may  proceed  with  survey.
282. Survey  map and  register.
283. Superintendent  may  erect  boundary  marks.
284. Maintenance  of  temporary  boundary  marks.
285. Survey fee may be charged.
286. All  documents  connected  with  survey  to  be  sent  to  Collector.
287. Maintenance  of  survey  map  and  register.
288. Revision  of  maps.
289. Responsibility  for  maintenance  and  repair  of  boundary  marks.
290. Collector  may  require  superior  holders  to  renew  or  repair  survey

marks.  Requisition  how  made.

291. On default, Collector or assistants may enter and renew or repair.

Charge  for  renewal  or  repair.

292. Privilege  of  title-deeds.
293. Proceedings  not  to  be  affected  by  informality.
Government  Lands  and  Foreshore
294. Right  of  Government  to  lands  and  foreshore.
295. Such  lands  and  foreshore  how  disposed  of.

Transfer  of Lands,  etc.
296. Notice of transfer of  title to lands, etc., to be  given to Collector.
297. Form  of  notice.
298. Penalty  for  neglect  to  give  notice.
299. Person  transferring  title  and  omitting  to  give  notice  to  continue

liable  for  revenue.

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SECTIONS.

300. Proceeding  in case  of  disputes as  to  entry or  transfer.
301. Registration  or  transfer  not  to  affect  right  of  Government.

302. Law applied to  summons, etc.

Procedure.

Levy,  house-rent,  fees,  penalties,  etc.

303. Dues  leviable  as  revenue  demands.
304. Power to Collector of Bombay to assist other Collectors in realization

of  dues.

305. Collector  to  keep  registers  and  rent  rolls.
306. Rules.
307. Saving.

CHAPTER   XV
MAHARASHTRA REVENUE TRIBUNAL

308. Definition.
309. Maharashtra  Revenue  Tribunal.
310. President  and  Members.
311. Vacancy  and  temporary  absence.
312. Registrar  and  Deputy  Registrars.
313. Headquarters.
314. Place  of  sitting.
315. Jurisdiction  of  Tribunal.
316. Jurisdiction  barred  in  certain  cases.
317. Powers  of  Tribunal  under  other  laws  not  affected.
318. Tribunal  to  have power  of  civil  court.
319. Practice  and  procedure.
320. State Government to be heard in certain cases.
321. No  appeal  to  State  Government  and  jurisdiction  of  court  barred.
322. Review  of  orders  of  Tribunal.
323. Manner  of  executing  orders  passed  by  Tribunal.
324. Provision  for  court-fees.
325. Rules.
326.

*Saving— (Deleted by Mah. 25 of 2002, s. 10.)

CHAPTER   XVI
MISCELLANEOUS

327. Maps  and  land  records  open  to  inspection,  etc.
328. Rules.
329. Provision for previous publication of, and penalty for breach of rules.
330. Laying  of  rules  before  Legislature.

330A. Delegation  of  powers  and  duties.

331. Certain  provisions  to  apply  to  alienated  villages.
332. Holders  of  land  in  alienated  villages.

H  2069—2a

(xii)

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

SECTIONS.

333. Construction  of  this  Code.
334. Amendment  of  enactments.
335. Power  to  remove  difficulty.
336. Repeal  and  savings.
337. Construction  of  references.

SCHEDULE  A
SCHEDULE  B
SCHEDULE  C
SCHEDULE  D
SCHEDULE  E
SCHEDULE  F
SCHEDULE  G
SCHEDULE  H
SCHEDULE  I
SCHEDULE  J
SCHEDULE  K

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

1

MAHARASHTRA ACT No. XLI OF 19661

[The Maharashtra Land Revenue Code, 1966]

[Received the assent of the President on the 22nd day of December, 1966;
assent first published  in the Maharashtra Government  Gazette, Part  IV, on
the 30th day of December 1966.]

Amended by Mah. 30 of 1968. Amnded by Mah. 41 of 1973 (1-12-1973)‡

Amended by Mah. 8 of 1969 Amended by Mah. 35 of 1974 $ (6-7-1974)‡

Amended by Mah. 44 of 1969 Amended by Mah. 18 of 1976 (26-4-1976)‡

Amended by Mah. 11 of 1976 (14-4-1976)‡

Amended by Mah. 35 of 1976 (30-7-1976)‡

Amended by Mah. 4 of 1970 Amended by Mah. 12 of 1977 (19-3-1977)‡

Amended by Mah. 30 of 1977 (16-8-1977)‡

Amended by Mah. 20 of 1970†Amended by Mah. 8 of 1979

Amended by Mah. 36 of 1971 Amended by Mah. 47 of 1981 @ (29-7-1981)‡

Amended by Mah. 5 of 1982 ¶ (5-2-1982)‡

Amended by Mah. 16 of 1985.

Amended by Mah. 32 of 1986 (1-12-1986)‡

Amended by Mah. 1 of 1991 * (1-1-1991)‡

Amended by Mah. 17 of 1993 £ (1-5-1993)‡

Amended by Mah. 26 of 1994 @ @ (2-2-1994)‡

Amended by Mah. 6 of 1998 (9-2-1998)‡

Amended by Mah. 23 of 1999 (21-4-1999)‡

Amended by Mah. 9 of 2002 $$ (1-8-2001)‡

1For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1965  Part  V,
Extra. pages 756-763, for Report of the Joint Committee, see, ibid.; 1966, Part V, pages 219-353.

† Maharashtra Ordinance No. III of 1970 was repealed by Mah. 20 of 1970, s. 3.

‡ This indicates the date of commencement of Act.

$ Maharashtra Ordinance No. XIII of 1974 was repealed by Mah. 35 of 1974, s. 10.

@ Maharashtra Ordinance No. VIII of 1981 was repealed by Mah. 47 of 1981, s. 14.

Sectoin 2 of Mah. 47 of 1981 reads as under :––

Mah.
XLI of
1966.

“ 2. On the date of commencement of this Act, notwithstanding anything contained in the
Maharashtra Land Revenue Code, 1966, or in any notification or order issued thereunder, the
City of Bombay shall be deemed to be consitituted a district, the Bombay Suburban District
shall be deemed to be excluded from the Konkan Division, and a new Division to be called the
Bombay Division shall be deemed to be duly consitituted under the said Code consisting of the
district of the City of Bombay and the Bombay Suburban District, which areas may subse-
quently be altered and divided into two or more districts, with such names, as may be speci-

Constitution
of the
Bombay
Division
under Mah.
XLI of 1966.

fied by the State Government by notification in the Official Gazette.”

2

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Validation of
delegation of
powers of
Collector to
Additional
Tahsildars
under section
3 of Mah. XLI
of 1966 and of
their  proceed-
ings.

¶Section 10 of Mah. 5 of 1982 reads as under :—

“10. Notwithstanding  anything contained  in  section 13  or any  other  provisions of  the

Land Revenue Code and notwithstanding any judgment, decree or order of any Court or Tribu-

nal, the Additional Tahsildars, who, during any period or periods before the commencement of

this Act, exercised any powers of the Collector under sub-section (3) of section 36 or any other

provisions  of  the  said  Code,  delegated  to  them  by  the  Collector  under  the  proviso  to  sub-

section (1) of the said section 13, shall be deemed to have been validly delegated to them by the

Collector during the said periods ; and, accordingly, any proceedings conducted, order passed,

sanctions given, certificates issued, declarations made or other action taken by any of the said

Additional Tahsildars during the said periods, in the exercise of the powers of the Collector or

in the purported exercise of the powers of the Collector, shall be deemed to have been validly

and effectively conducted,  passed, given, issued, made or taken, as the case may be, as if the

powers had been duly delegated to them for such purposes, and shall not be called in question

in any proceedings before any Court or Tribunal merely on ground that the powers were not

duly delegated to them or that they had no jurisdiction.”.

*Section 7 of Mah. 1 of 1991 reads as under :—

Initiation of
proceedings
for restoration
of lands to
tribal
transferor.

“7. For the removal of doubt it is hereby declared that, notwithstanding anything contained

in any law for the time being in force or any judgement or decree or order of any Court, Tribunal

or authority, where the Collector had not initaited suo motu proceedings or a tribal transferor

had not made any application during the period specified in section 36 or 36A of the said Code,

or section 3 or 4 of the principal Act, as they stood prior to amendments made by this Act, for

restoration of land under the provisions aforesaid, it shall be competent for the Collector to

suo motu initiate any proceedings, or for the tribal transferor to make an application, under

the provisions of the said Code or the principal Act, as amended by this Act, for restoration of

land to the tribal transferors.”.

£Section 26 of Mah. 17 of 1993 reads as under :—

Validation.

‘26. Notwithstanding anything contained in any judgment, decree or order of any court,

any determination and levy of non-agricultural assessment at the standard rate of non-agri-

cultural assessment fixed or revised during the first guaranteed period commencing on the

first day of August 1979 and ending on the 31st July 1991 under sub-section (2A) of section

113  of the  Maharashtra Land  Revenue Code,  1966, as  amended by  the Maharashtra  Tax

Laws (Levy and Amendment) Act, 1993, shall be deemed to have been validly determined and

levied in accordance with the law, as if sub-section (2A) of the said section 113, as amended by

the said Amendment Act, had been continuously in force at all material times ; and such

determination and levy shall not be questioned in any court or before any authority merely on

the ground that the said sub-section (2A) as amended was not in existence, and accordingly no

suit, appeal, application or other proceedings shall be maintained or continued in any court or

Mah.
XLI of
1966.

Mah.
XVII of
1993.

before any court or any authority in respect thereof.”.

@@ Maharashtra Ordinance No. II of 1994 was repealed by Mah. 26 of 1994, s. 5.

$$ Maharashtra Ordinance No. XXIX of 2001 was repealed by Mah. 9 of 2002, s. 4.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

3

Mah.
XXIII of
2007.

Mah.
XXIII of
2007.

Mah.
XXV of
2002.

Amended by Mah. 25 of 2002 (1-5-2002)†

Amended by Mah. 21 of 2003 (1-8-2003)†

Amended by Mah. 26 of 2005 $ (6-3-2004)†

Amended by Mah. 43 of 2005 (25-3-2005)†

Amended by Mah. 17 of 2007 (1-8-2007)†

Amended by Mah. 23 of 2007 §@(13-12-2007)†

† This indicates the date of commencement of Act.
$ Mah. Ord. 17 of 2004 was repealed by Mah. 26 of 2005, s. 4.
§ vide G.N., R. & F.D., No. MRT. 1007/C.R. 21/T-1, dated the 13th December 2007.
@ Sections 12 and 14 of Mah. 23 of 2007 and Schedule appended thereto reads as under :—
“ 12. On the coming into force of the Maharashtra Land Revenue Code (Second Amendment)
Act, 2007, all cases and proceedings pending before the Divisional Commissioner, on the day
immediately preceding the coming into force of the said Act, shall be transferred to the Maharashtra
Revenue Tribunal and shall be disposed of by the Tribunal under the provisions of the said Code
or, as the case may be, the relevant Act.

14. On revival of the Maharashtra Revenue Tribunal by the Maharashtra Land Revenue
Code (Second Amendment) Act, 2007, the reference to the Maharashtra Revenue Tribunal in any
of the enactments specified in the Schedule appended to this Act as also any such reference in any
rules, regulations, bye-laws, notifications, orders issued under any of these or other enactments
or in any instrument which was to be construed as the Divisional Commissioner by virture of the
provisions of section 14 of the Maharashtra Land Revenue Code (Amendment) Act, 2002, shall
be now referred to as the Maharashtra Revenue Tribunal.”

Transfer of
pending cases
and proceed-
ings.

Construction
of reference to
Divisional
Commis-
sioner.

SCHEDULE
(See section 14)
Revenue Acts

1. The Hyderabad Court of Wards Act.
2. The Hyderabad Stamp Act.

Tenancy Acts

3. The Bombay Tenancy and Agricultural Lands Act, 1948.
4. The Hyderabad Tenancy and Agricultural Lands Act, 1950.
5. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

6. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961].

Ceiling on Holdings Act

Tenure Abolition Acts

7. The Bombay Khoti Abolition Act, 1949.
8. The Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950.
9. The Salsette Estates (Land Revenue Exemption Abolition) Act, 1951.

10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

21.
22.

23.
24.
25.
26.

The Bombay Personal Inams Abolition Act, 1952.
The Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1953.
The Bombay Kauli and Katuban Tenures Abolition Act. 1953.
The Bombay Merged Territories and Area (Jagirs Abolition) Act, 1953.
The Bombay Service Inams Useful to Community Abolition Act, 1953.
The Bombay Land Tenure Abolition (Amendment) Act, 1953.
The Bombay Bhil Naik Inams Abolition Act, 1955.
The Bombay Merged Territories Miscellaneous Alienations Act, 1955.
The Bombay Shetgi Watan Rights (Ratnagiri) Abolition Act, 1956.
The Bombay Inferior Village Watans Abolition Act, 1958.
The Madhya Pradesh Abolition of Proprietory Rights (Estates, Mahals, Alienated Lands)
Act, 1950.
The Maharashtra Revenue Patels (Abolition of Office) Act, 1962.
The West Khandesh, Mehwassi Estates (Proprietory Rights Abolition, etc.) Regulation,
1961.

Other Acts

The Bombay Public Trusts Act, 1950.
The Bombay Hereditary Offices Act, 1874.
The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
The Maharashtra Private Forest (Acquisition) Act, 1975.”.

4

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Amended by Mah. 24 of 2007 §§ (1-8-2008)†.
Amended by Mah. 10 of 2009 (24-2-2009)†.
Amended by Mah. 43 of 2011 (6-7-2004)†.
Amended by Mah. 19 of 2012 (8-8-2012)†.
Amended by Mah. 30 of 2014 (30-6-2014)†.
Amended by Mah. 37 of 2014 *(22-8-2014)†.
Amended by Noti. #(30-10-2014) †.
Amended by Mah. 4 of 2015 (3-3-2015)†.
Amended by Mah. 19 of 2015 (24-4-2015)†.
Amended by Mah. 27 of 2015 ** (12-6-2015)†
Amended by Mah. 11 of 2016 @ (5-2-2016)†
Amended by Mah. 17 of 2016 (29-4-2016)†
Amended by Not. @@ (14-6-2016)
Amended by Mah. 27 of 2016 (22-8-2016)†
Amended by Mah. 29 of 2016†† (22-8-2016)†
Amended by Mah. 21 of 2017 (18-1-2017)†
Amended by Mah. 30 of 2017 ## (5-1-2017)†
Amended by Mah. 34 of 2017 (26-4-2017)†
Amended by Mah. 54 of 2017 (1-9-2017)†
Amended by Mah. 60 of 2017 (7-9-2017)†
Amended by Notification @@@ (14-11-2017)†
Amended by Mah. 6 of 2018 ### (21-11-2017)†
Amended by Mah. 12 of 2018 (17-01-2018)†
Amended by Mah. 44 of 2018 #### (21-04-2018)†

Validation.

This indicates the date of commencement of Act.

†
§§ vide G.N., R&F.D., No. NAA.1005/C.R.7/L-5 dated 8th October 2007.
* Mah. Ord. No. 17 of 2014 was repealed by Mah. 37 of 2014, s.5.
# Notification No. RB/TC/e-11019(89)(2013)/Notification 4/2014, dated the 30th October 2014
issued by the office of the Governor of Maharashtra, see Maharashtra Government Gazette,
Part VIII Extraordinary No. 98, dated 30th October 2014, page 1-5.

** Maharashtra Ordinance No. XII of 2015 was repealed by Mah. 27 of 2015, s.4.
@ Maharashtra Ordinance No. III of 2016 was repealed by Mah. 11 of 2016, s.4.
@@ Notification No. RB/DB/E-11019(89) (2013)/850/2016, dated 14th June 2016 issued by the
Office of the Governor of Maharashtra, See Maharashtra Government Gazette, Part VIII, Ex-
traordinary No. 60, dated 14th June 2016, pages 1-2.

†† Section 3 of Mah. 29 of 2016 reads as under :—

“ 3. Notwithstanding anything contained in the said Code or in any rules made thereunder
or in any judgment, decree or order of any court, tribunal or any other authority, any levy, demand
and collection of premium on account of unearned income and transfer fees or charges or penalty
by the Government during the period commencing from the date of coming into force of the said
Code and ending on the date of commencement of the Maharashtra Land Revenue Code (Fourth
Amendment) Act, 2016 (hereinafter referred to as “the date of commencement of the Amendment
Act of 2016”), on further assignment or transfer of leasehold rights by the lessee or transferor of
such leasehold rights in respect of the lands or foreshore vesting in the Government given on
lease, with or without prior permission of the Collector and any action taken by the Government
therefor, shall be deemed to have been validly levied, demanded, collected or taken and shall be
deemed always to have been validly levied, demanded, collected or taken under the said code, as
amended by the Maharashtra Land Revenue Code (Fourth Amendment) Act, 2016 and, accord-
ingly, no suit, prosecution or other legal proceedings shall lie in any court or before any tribunal or
other authority on the ground that, the provisions of the said Code, prior to the date of commence-
ment of the Amendment Act of 2016, did not provide for levy, demand and collection of such
premium and transfer fees or charges or penalty or action by the Collector. No suit, prosecution or
other legal proceedings shall lie or be maintained or continued in any court or before any tribunal
or other authority, for the refund of any such premium and transfer fees or charges or penalty so
levied, demanded, collected or for any action taken with effect from the date of coming into force
of the said Code.”.

## Maharashtra Ordinance No. II of 2017 was repealed by Mah. 30 of 2017, s.5.
@@@ Notification No. RB/DB/e-13016(10)(2017)/890/2017, dated  the 14th November 2017,
issued by the office of the Governor of Maharashtra, see Maharashtra Government Gazette, Part
VIII, Extraordinary No. 155, dated the 15th November 2017, pages 1-3.

### Maharashtra Ordinance No. XVII of 2017 was repealed by Mah. 6 of 2018, s.4.
#### Maharashtra Ordinance No. IX of 2018 was repealed by Mah. 44 of 2018, s.7.

Mah.
XXIX of
2016.

Mah.
XXIX of
2016.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

5

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.

(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  Chapters  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, 1[330A], 335, 336 and 337) 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 2as the State Government may by notification in the Official Gazette,
appoint  and  different  dates  may  be  appointed  for  different  provisions.

Short title,
extent and
commence-
ment.

2.

In  this  Code,  unless  the  context  otherwise  requires,—

Definitions.

(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 of courtyard enclosed by, or appurtenant to, any building
erected  thereupon  ;

I of
1872.

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

(7) “chavadi”  means  the  place  ordinarily  used  by  a  village  officer  for

the  transaction  of  village  business;

3[(7-A) ‘‘ Data Bank ’’ is a bank repository of information maintained at
the  concerned  Collector  office,  conclusively  certified  by  the  District  Head
of the concerned Department and updated by him from time to time, which
shall be used by the Collector for ascertaining the objection, if any, of the
concerned Department, while granting permission for use of land for non-
agricultural  purposes  under  the  Code ;]
1 These figures and letters were inserted by Mah. 35 of 1976. s. 2.
2 15th August 1967 (vide G.N., F.D., No. UNF. 1067-R, dated 11th August 1967).
3 This clause was inserted by Mah. 37 of 2014, s. 2.

H 2069—3

6

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(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  storge  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 intergral part of his cultivating

arrangement;

(10) “gaothan”  or  “village  site”  means  the  lands  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 land-holder 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  the  holding,  is  either  executed  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,

levelling  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 holdings;  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,
levellings, 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;

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

7

Explanation.—A  work  which  benefits  serveral  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-shares in 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 the 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 froce 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 provisions of any law for the time being in force; and includes, premium,
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 any land;

(20) “legal practitioner” has the meaning assigned to it in the Advocates

Act, 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;

25 of
1961.

H  2069—3a

8

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(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 ;

(b) in the Hyderabad area of the State of Maharashtra, the Hyderabad

Tenancy and Agricultural Lands Act, 1950 ; and

(c) in the Vidarbha Region of the State of Maharashtra, the **Bombay

Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

Bom.
LXVII of
1948.
Hyd.
XXI of
1950.
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 is constituted a

saza under section 4 ;

1[(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 purposes 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 a scheme of consolidation of holding 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

1 Clause (33A) was inserted by Mah. 43 of 2005, s. 2.
* Short title of the Act has been amended as the “Maharashtra Tenancy and Agricultural Lands Act” by Mah. 24

of 2012, s. 2 & 3, Schedule, entry 33, w.e.f. 1st May 1960.

** Short  title of  the  Act has  been  amended as  the  “Maharashtra Tenancy  and  Agricultural Lands  (Vidarbha

Region) Act” by Mah. 24 of 2012, s. 2 & 3, Schedule, entry 72 w.e.f. 1st May 1960.

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Maharashtra  Land  Revenue  Code,  1966

9

Mah. V
of  1962.

“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,  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 ;

1[(42) “  Urban  area  ”  means  an  area  included  within  the  limits  of  any
municipal corporation or 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. For the purpose of this Code, the State shall be divided into divisions
which shall consist of one or more districts 2[(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.

Division of
State into
revenue areas.

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

4.
specify–

Constitution
of revenue
areas.

(i) the  districts 2[(including  the  City  of  Bombay)]  which  constitute  a

division ;

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

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

(iv) the villages which  constitute a taluka  ;

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

1 Clause (42) was substitued by Mah. 21 of 2003, s. 2.
2 These brackets and words were substituted for the bracket and words “(excluding the City of

Bombay)” by Mah. 47 of 1981, ss. 3 and 4.

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[1966: Mah. XLI

(vi) alter  the  limits  of  any  such  revenue  area  so  constituted  by
amalgamation, division or in any manner whatsoever, or abolish any such
revenue area and may name and alter 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 1[three
hundred,  as  ascertained  such  by  a  revenue  officer  not  below  the  rank  of  a
Tahsildar]  to  be  a  village  ;  and  specify  therein  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  alter  the  limits  of,  or
abolish,  any saza  or  circle,  so  constituted.

(3) The divisions, districts, sub-division, 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, 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.

Chief control-
ling authority
in revenue
matters.

5. 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.

Revenue
officers in
division.

6. 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.

Revenue
officers in
district.

7.

(1) The State Government shall appoint a Collector 2[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
3[and in each district (including the City of Bombay)] and so many Assistant

1 These words were substituted for the words “three hundred” by Mah. 8 of 1968, s. 2.
2 These words were substituted for the words “for the City of Bombay and for each district” by

Mah. 47 of 1981, s. 5(a).

3 These words were substituted for the words “for the City of Bombay and for each district” ibid,

s. 5(b).

* Short title of the Act has been amended as “the Maharashtra General Clauses Act” by Mah.

24 of 2012, s.2 and 3, Schedule, entry 11, w.e.f. 1st May 1960.

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Maharashtra  Land  Revenue  Code,  1966

11

Collectors  and  Deputy  Collectors  (with  such  designations  such  as  “  First  ”,
“ Second  ”,  “  Supernumerary”,  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  or  more  sub-
divisions of a disrtict, 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. 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  of  Land  Records ”,  “ Settlement  Officers  ”,
“District Inspectors of Land Records” and “ Survey Tahsildars ”, or otherwise
as may seem requisite.

Survey
Officers.

9.

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.

1[9A. The State Government may, by order in the 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.]

Combination
of offices.

Delegation of
powers.

10.

If a  Collector or Tahsildar is  disabled from performing his  duties or

for any reason vacates his office or leaves his jurisdiction or dies––

Temporary
vacancies.

(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, or 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

1 Section 9A was inserted by Mah. 30 of 1968, s. 2.

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[1966: Mah. XLI

Subordination
of officers.

special purposes only, shall not be deemed as an Assistant for the purposes
of  this  section.

11.

(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 1[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.

Appointments
to be notified.

12.

2[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.

Powers and
duties of
revenue
officers.

13.

(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.

3[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  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.

1 These words and brackets were substituted for the words “for the City of Bombay or in district”

by Mah. 47 of 1981, s.6.

2 This portion was substituted for the portion beginning with the words “The appointment” and

ending with the words “duly notified” by Mah. 30 of 1968, s.3.

3 This Explanation was deemed always to have been added by Mah. 5 of 1982, s. 9.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

13

1 *

*

*

*

*

*

(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 as such particular duties and powers
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.

(1) Subject to the orders of the State Government, the survey officers
are  vested  with  the  cognisance  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 :

Powers and
duties of
survey
officers, circle
officers, etc.

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  time  what
registers, accounts and other records shall be kept by a Talathi.

1 Proviso was deleted by Mah. 47 of 1981, s.7.

H 2069—4

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[1966: Mah. XLI

(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. 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. 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.

Conferral by
State Govern-
ment of
powers of
revenue
officers on
other persons.

Seals.

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

17.

(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  up  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.

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

18.

(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  of
the Superintendent of Land Records if such officer or person is 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 duty of all persons in possession of such public moneys,
papers or other property of the Government to make over the same forthwith

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

15

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.

19.

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.

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

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

CHAPTER  III.

OF LANDS.

20.

(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  watermark,  and  of  rivers,  streams,  nallas,  lakes  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 orders 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  of  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 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 given, 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 not been 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.

(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 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

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

H  2069—4a

16

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

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  writing  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, 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  rights  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
if
the amount of compensation and the persons to whom such compensation,
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. 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 villages 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

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

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Maharashtra  Land  Revenue  Code,  1966

17

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.

1[22A.

(1) The land set apart by the Collector for free pasturage of village
cattle  (hereinafter  referred  to  as  “the Gairan  Land”)  shall  not  be  diverted,
granted or leased for any other use, except in the circumstances provided in
sub-sections (2) or (3), as the case may be.

Prohibition on
diversion of
use of Gairan
Land.

(2) The Gairan  land  may  be  diverted,  granted  or  leased  for  a  public
purpose or public project of the Central Government or the State Government
or any statutory authority or any public authority or undertaking under the
Central  Government  or  the  State  Government  (hereinafter  in  this  section
referred  to  as  “Public  Authority”),  if  no  other  suitable  piece  of  Government
land  is available  for such  public purpose  or public  project.

(3) The Gairan land may be diverted, granted or leased for a project of a
project  proponent,  not  being  a  Public  Authority,  when  such Gairan land  is
unavoidably  required  for  such  project  and  such  project  proponent  transfers
to the State Government, compensatory land as provided in sub-sections (4)
and (5).

(4) The  compensatory  land  to  be  transferred  to  the  State  Government
under  sub-section  (3) shall  be  in  the  same  revenue  village  have  area  equal
to twice the area of the Gairan land and its value shall not be less than the
value of the Gairan land so allotted under sub-section (3) :

Provided  that,  the  area  of  compensatory  land  shall  have  to  be  suitably
increased, wherever necessary, so as to make its value equal to the value of
the Gairan  land  so  allotted  under  sub-section  (3).

(5) The  compensatory  land  to  be  transferred  to  the  State  Government
under sub-section (3) shall, notwithstanding anything contained in any other
law,  rule  or  orders  made  thereunder,  be  assigned  by  the  Collector  under
section 22  for the  use only of  free pasturage  of village cattle  or for  grass or
fodder  reserve.

2[(6) The powers of diversion, grant, lease of Gairan land under this section

shall be vested in the State Government :

Provided  that,  notwithstanding  anything  contained  in  section  330A,  the
powers of the State Government under sub-section (3) shall not be delegated
to  any  officer  or  other  authority  sub-ordinate  to  it.]

Explanation.—(a) For  the  purposes  of  this  section,  the  term  “public
purpose” shall have the same meaning as assigned to it in the Right to Fair
Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and
Resettlement  Act,  2013.

30 of
2013.

(b) The  question  whether  or  not  such  land  is  unavoidably  required  for  a
project  under  sub-section  (3)  shall  be  determined  by  the  State  Government
on  the  advice  of  the  Divisional  Commissioner.]

23. 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.
1 This section was inserted by Mah. 34 of 2017, s. 2.
2 Sub-section (6) was substituted by Mah. 12 of 2018, s. 2.

Regulation of
use of
pasturage.

18

Recovering
value of
natural
products
unathorizedly
removed from
certain lands.

Right to trees
in holdings.

Trees and
forests
vesting in
Government.

Recovery of
value of trees,
etc.,
unauthorizedly
appropriated.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

24. Any person who unauthorizedly 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.

(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. The  right  to  all  trees,  brushwood,  jungle  or  other  natural  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. Any  person  who  shall  unauthorizedly  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.

Regulation of
cutting and
supply of
wood, etc.

28.

(1) Where trees are standing in any waste land outside 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  persons  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
In  case  of  dispute  as  to  the  mode  or  time  of
Government  in  this  behalf.
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.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

19

Of the Grant of land

29.

(1) There  shall  be  under  this  Code  the  following  classes  of  persons

holding land from the State, that is to say––

Classes  of
persons
holding land.

(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

Mah.
XLIV of
2018.

1[(c) on  the  21st  April  2018,  being  the  date  of  commencement  of  the
Maharashtra Land Revenue Code (Amendment) and the Maharashtra Land
Revenue  (Inclusion  of  certain Bhumidharis in  Occupants—Class  I
Permission)  Rules  (Repeal) Act,  2018,  were  holding  the land  in  Vidarbha
in Bhumiswami  rights  with  restrictions  on  right  to  transfer,  or  in
Bhumidhari rights in any local area in Vidarbha.]

(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––

2 *

*

*

(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.

LXVII of
1948.
Hyd. Act
XXI of
1950.
LX of
1950.
LXX of
1953.

3[29A. Notwithstanding anything contained in sections 20, 31, 35 and 38,
but save as otherwise provided in the Maharashtra Tenancy and Agricultural
Lands  Act,  the  Hyderabad  Tenancy  and  Agricultural  Lands  Act,  1950,  the
Maharashtra  Paragana  and  Kulkarni  Watans  (Abolition)  Act,  the
Maharashtra  Service  Inams  (Useful  to  Cummunity)  Abolition  Act,  the
Hyderabad Abolition of Inams and Cash Grants Act, 1954, the Maharashtra
Merged  Territories  Miscellaneous  Alienations  Abolition  Act,  the
Maharashtra  Tenancy  and  Agricultural  Lands  (Vidarbha  Region)  Act,  the

Conversion of
occupancy of
certain
Government
lands.

1 This clause was substituted by Mah. 44 of 2018, s. 2(i).
2 Sub-clause (i) was deleted by Mah. 44 of 2018, s. 2(ii)
3 This section was inserted by Mah. 17 of 2016, s. 2.

20

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Occupation of
unalienated
land granted
under
provisions of
the Code.

Unoccupied
land may be
granted on
conditions.

Grant of
alluvial land
vesting in
Government.

Maharashtra  Inferior  Village  Watans  Abolition  Act,  the  Maharashtra
Agricultural  Lands  (Ceiling  on  Holdings)  Act,  1961  and  the  Maharashtra
Revenue  Patels  (Abolition  of  Office)  Act,  1962,  the  respective  prescribed
Competent  Revenue  Authority  in  respect  of  different  categories  of  lands
granted by the Government on Class-II occupancy or on leashold rights, may
convert the occupancy of any land belonging to such category of lands, granted
on  Class-II  occupancy  or  leasehold  rights,  as  may  be  prescribed,  into  Class-I
occupancy, on payment of such conversion premium and after following such
procedure  and  subject  to  such  terms  and  conditions,  as  may  be  prescribed
for  different  categories  of  lands.]

30. 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  without  delay  to  call  upon  such  person  to  enter  upon  the
occupation of such land in accordance with the terms of the grant.

Hyd. Act
VIII of
1955.
XXII of
1955.
XCIX of
1958.
I of
1959.
Mah.
XXVII of
1961.
Mah.
XXXV of
1962.

31.

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 theron and shall
be recoverable as an arrear of land revenue.

32.

(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,  notwithstanding  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.

Temporary
right to
alluvial lands
of small
extent.

33. 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.

Disposal of
intestate
occupancies.

34.

(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

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

21

(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.

(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).

Disposal of
relinquished
or forfeited
sub-division.

Bom.
LXII of
1947.

(2) The Collector shall, subject to the provisions of the *Bombay Prevention
of  Fragmentation  and  Consolidation  of  Holdings  Act,  1947,  offer  such-sub-
division 1[at such price not exceeding twenty-four times the assessment thereof
or  such  amount  as  may  be  prescribed,  whichever  is  higher,] as  he  may
consider to be worth to the occupants of 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 hodling 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-section (3), the former occupant thereof applies
for  the  restoration  of  the  occupancy  of  the  sub-division,  the  Collector  may
restore the sub-division to the occupant on the occupant paying the arrears
of land revenue and a penalty 2[equal to three times the assessment or such
amount  as may  be  prescribed,  whichever is  higher].  If  the occupant  fails  to
get  the  occupancy  of  the  sub-division  restored  to  him  within  the  period
aforesaid, the sub-division shall be disposed of by the Collector in the manner
provided  by  sub-section  (2).

* Short title of the Act has been amended as “the Maharashtra Prevention of Fragmentation
and Consolidation of Holdings Act” by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 29, w.e.f.
1st May  1960.

1 These words were substituted for the words “at such price not exceeding twenty-four times

the assessment thereof” by Mah. 21 of 2017, s. 2(a).

2 These words were substituted for the words “equal to three times the assessment” by Mah.

21 of 2017, s. 2 (b).

H 2069—5

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Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

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  mortgagors  shall  be  deemed  to  be  the
occupants  thereof.

Occupancy to
be
transferable
and heritable
subject to
certain
restrictions.

36.

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

1[(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  in  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, 2[within thirty years from the 6th July 2014], 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, 3[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  :

4[Provided that,  where a Tribal  in contravention of  sub-section (2) or  any
law for the time being in force has, at any time before the commencement of
the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act,
1974  transferred  possession  of  his  occupancy  to  a  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, notwithstanding 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 5[within  thirty  years
from the 6th July 2004], after making such inquriy 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.

6*

*

*

*

*

*

1 Sub-section (2) was substituted for the original by Mah. 35 of 1974, s. 2(1).
2 These words, figures and letteres were substituted for the words “within thirty years of such

transfer of possession” by Mah. 43 of 2011, s. 2(a).

3 These words were substituted for the words “and the Collector shall” by Mah. 1 of 1991,

s. 2(a)(ii).

4 These proviso were added by Mah. 35 of 1974, s. 2(2).
5 These words, figures and letters were substituted for the words “within thirty years of such

commencement” by Mah. 43 of 2011, s. 2(b).

6 The Explanation was deleted by Mah. 11 of 1976, s. 3, Second Schedule.

Mah.
XXXV of
1974.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

23

1[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.

2[(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 therein, 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  determinig  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
determind 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  land  is  situate  or  within  five  kilometres  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

1 These words were substituted of the word “Provided” by Mah. 11 of 1976, s.3, Second Schedule.
2 Sub-sections (3A) to (3D) were deemed always to have been inserted by Mah. 30 of 1977, s.2.

H  2069—5a

24

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

XIX of
1883.
XII of
1984.
Bom. III
of 1928.
23 of
1955.
5 of
1970.

Tribal, whether as owner or tenant, does not exceed an economic holding within
the meaning of sub-section (6) of section 36A.]

(4) Nothwithstanding 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, the Agriculturists
Loans  Act,  1884,  or  the  Bombay  Non-Agriculturists  Loans  Act,  1928,  or  in
favour of a co-operative society 1[or the State Bank of India constituted under
section 3 of the State Bank of India Act, 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,  or  the  Maharashtra
State  Financial  Corporation  established  under  the  relevant  law]  in
consideration of a loan advanced to him by such co-operative 2[society, State
Bank of India, corresponding new bank, or as the case be, Maharashtra State
Financial  Corporation],  and  without  prejudice  to  any  other  remedy  open  to
the  State  Government, 3[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, 3[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,4[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  re-classify  the  occupant  as
Occupant—Class  I  ;  and  on  such  re-classification,  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 Consitution of India 5[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 6[made under] the said article 342, but who are not resident in
the localities specified in that Order who never the less 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].

1 These words were inserted by Mah. 36 of 1971, s. 2(a).
2 These words were inserted, ibid., s. 2(b).
3 These words were substituted for the words “or as the case may be, the co-operative society”,

ibid., s. 2(c).

4 These words were substituted for the words “on the application of the society” by Mah. 36 of

1971, s. 2(d).

5 The portion was added by Mah. 35 of 1974, s. 2(3).
6 These words were substituted for the words “made and” by Mah.  11 of 1976, s. 3, Second

Schedule.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

Mah.
XXXV of
1974.

1[36A. (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—

25

Restrictions
on transfers of
occupancies
by Tribals.

(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 kilometres thereof is prepared to take the occupancy
from the  owner on lease, mortgage  or by sale  or otherwise.

2[Provided  futher  that,  in  villages  in  Scheduled  Areas  of  the  State  of
Maharashtra,  no  such  sanction  allowing  transfer  of  occupancy  from  tribal
person  to  non-tribal  person  shall  be  accorded  by  the  Collector  unless  the
previous  sanction  of  the Gram  Sabha  under  the  jurisdiction  of  which  the
tribal  transferor  resides  has  been  obtained.]

3[Provided  also  that,  in  villages  in  Scheduled  Areas  of  the  State  of
Maharashtra,  no  sanction  for  purchase  of  land  by  mutual  agreement,  shall
be  necessary,  if,—

(i) such  land  is  required  in  respect  of  implementation  of  the  vital

Government  projects;  and

(ii) the amount of compensation to be paid for such purchase is arrived

at in a fair and transparent manner.

Explanation.—For the purposes of the second proviso, the expression “vital
Government  project”  means  project  undertaken  by  the  Central  or  State
Government  relating  to  national  or  state  highways,  railways  or  other
multimodal  transport  projects,  electricity  transmission  lines,  Roads,  Gas  or
Water  Supply  pipelines  canals  or  of  similar  nature,  in  respect  of  which  the
State  Government  has,  by  notification  in  the Official  Gazette, declared  its
intention  or  the  intention  of  the  Central  Government,  to  undertake  such
project either on its own behalf or through any statutory authority, an agency
owned  and  controlled  by  the  Central  Government  or  State  Government,  or
a Government company incorporated under the provisions of the Companies
Act, 2013 or any other law relating to companies for the time being in force.]

(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

1 Sections 36A, 36B, 36C were inserted by Mah. 35 of 1974, s. 3.
2 This proviso was inserted by Notification No. RB/DB/e-11019(89)(2013)/850/2016, dt. 14-6-

2016 issued by office of Governor of Maharashtra.

3 This proviso was inserted by Notification No. RB/DB/e-13016(10)(2017)/890/2017, dated the

14-11-2017 issued by office of Governor of Maharashtra.

18 of
2013.

26

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Mah.
XXXV of
1974.

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, it is noticed that
any occupancy has been transferred in contravention of sub-section (1) 1[the
Collector shall, notwithstanding anything contained in any law for the time
being  in  force,  either suo  motu or  on  an  application  made  by  any  person
interested  is  such  occupancy,]  2[or  on  a  resolution  of  the Gram  Sabha  in
Scheduled Areas] 3[within thrity years from the 6th July 2004] 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 encumberances
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 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  far  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. A  non-Tribal  who  after  the  occupancy  is  ordered  to  be  restored
4[under  either  of  the  provisos]  to  sub-section  (3)  of  section  36  or  after  the
occupancy  is  vested  in  the  State  Government 5[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

1 This portion was substituted for the portion beginning with the words “the Collector shall”

and ending with the words “three years” by Mah. 1 of 1991, s. 3.

2 These words were inserted by Notification No. RB/DB/e-11019(89) (2013)/850/2016, dt. 14-

6-2016 issued by the office of the Governor of Maharashtra.

3 These words, figures and letters were substituted for the words “within thirty years from the

date of the transfer of occupancy” by Mah. 43 of 2011, s. 3.

4 These words were substituted for the words “under the proviso” by Mah. 1 of 1991, s. 4.
5 These words, brackets, figures and letter  were deemed always to have been inserted by Mah.

30 of 1977, s.3.

Damages for
use and
occupation of
occupancies in
certain cases.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

27

Government,  such  amount  for  the  use  and  occupation  of  the  occupancy  as
the  Collector  may  fix  in  the  prescribed  manner.

1[36BB. Notwithstanding  anything  contained  in  this  Act  or  any  law  for
the  time  being  in  force,  no  pleader  shall  be  entitled  to  appear  on  behalf  of
any  party  in  any  proceedings  under  sections  36,  36A  or  36B  before  the
Collector,  the  Commissioner  or  the  State  Government  :

Pleaders, etc.,
excluded from
appearance.

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

Bar of
jurisdiction of
Civil Court or
authority.

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  section  36,  36A  or  36B  unless  the
appellant or  applicant deposits such  security as in  the opinion of  the Court
or  authority  is  adequate.]

37. 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 fulfilment of any other terms or conditions lawfully annexed
to  his  tenure.

Occupants’
rights are
conditional.

2[37A.

(1) Every  sale,  transfer,  redevelopment,use  of  additional  Floor
Space  Index  (FSI),  transfer  of  Transferable  Development  Rights  (TDR)  or
change  of  use  of  any  Government  land  in  Amravati  and  Nagpur  Revenue
Divisions  including  the  Mumbai  City  and  Revenue  Divisions  in  the  State,
which  is  granted  for  various  purposes  under  the  provisions  of  this  Code  or
rules  made  thereunder  or  any  law  relating  to  land  revenue,  before  the
commencement  of  this  Code,  including  the nazul  lands  in  Amravati  and
Nagpur Revenue Divisions shall be subject to taking the prior permission of
the  State  Government.

Restrictions
on sale,
transfer,
redevelopment,
change of use,
etc., in
relation to
Government
land and
nazul land.

(2) The  State  Government  shall,  while  granting  such  permission  as
required  under  sub-section  (1),  recover  such  premium  or  charge  and  share
of unearned income subject to such terms and conditions as may be specified,
by general or special order, issued by the Government, from time to time :

Provided that, if the provisions of this section or of any such orders issued
thereunder  are  inconsistent  with  the  terms  and  conditions  of  the  order  of
land  grant  or  the  lease  deed  executed  prior  to  the  commencement  of  the
Maharashtra Land Revenue Code (Second Amendment) Act, 2012, the terms
and conditions of such order of land grant or lease deed shall prevail :

Mah. IV
of 2015.

1 Section 36BB was inserted by Mah. 12 of 1977, s. 2.
2 Section 37A was inserted by Mah. 4 of 2015, s. 2.

28

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Provided further that, in case of the nazul lands in Amravati and Nagpur
Revenue  Divisions,  the  provisions  of  sub-section  (1)  shall  not  be  applicable
with  retrospective  effect.

Explanation.—For  the  purpose  of  this  section,—

(a) “Government land” includes the Government land or part of such land
or building  erected on  such land  or part  thereof or  any right  or any  benefit
arising  out  of  or  share  in  relation  to  such  land  or  building  or  part  of  such
land or building ;

(b) “nazul

land”  means  the  type  of  Government  land  used  for
nonagricultural  purpose  such  as  building,  road,  market,  playground  or  any
other  public  purpose  or  the nazul land  which  has  potential  for  such  use  in
future  including  such  lands  granted  on  long  or  short  term  lease  or  on  no
compensation  agreement.]

38.

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. 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. 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.

Use of Land.

Power to
grant leases.

Occupant to
pay land
revenue and
Government
lessee to pay
rent fixed.

Saving of
powers of
Government.

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

41.

1[(1)] 2[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
3[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.

4[(2) From the date of commencement of the Maharashtra Land Revenue
Code (Amendment) Act, 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,––

Mah.
XXXII of
1986.

1 Section 41 was renumbered as sub-section (1) of that section by Mah. 32 of 1986, s. 2.
2 These  words  were  substituted  for  the  words  “A  holder  of  any  land”,  by  Mah.  32  of  1986,

s.2(a)(i).

3 This word substituted for the word “buildings”, by Mah. 32 of 1986, s. 2(a) (ii).
4 Sub-sections (2) to (6) were added by Mah. 32 of 1986, s. 2 (b).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

29

Mah.
XXXVII
of 1966.

(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
kilometres  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  kilometres  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 ;

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,  alteration  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  hectares  but  does  not
exceed 0.6 hectares, 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  farms
buildings are proposed to be erected is more than 0.6 hectares, the plinth
area  of  all  such  buildings  shall  not  exceed  one-fortieth  area  of  that
agricultural holding or 400 square meters, 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 building or buildings
proposed  to  be  used  for  residential  purpose  shall  not  exceed  150  square
meters,  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
hectares.

(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 hectares ;

H 2069—6

30

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(ii) if the height of such building from its plinth level exceeds 5 meters
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  invloves  renewal  or  re-construction  or
alterations 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 meters from the plinth level and a ground floor.

Explanation.––For the puposes 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 holdings, “ 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,  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
reconstructions  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 as 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 section 43
or 45 or 46, as the case may be.]

Mah.
XXXVII
of 1966.

Permission
for non-
agricultural
use.

42. 1[(1)] No land used for agriculture shall be used for any non-agricultural
purposes;  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 of permission for non-agricultural purpose, except with the permission
of  the  Collector.

1[(2) Notwithstanding  anything  contained  in  sub-section  (1), 2[no  such
permission shall be necessary for conversion of use of any agricultural land
for the personal bona fide residential purpose  in non-urban area, or  for the
1 Section 42 was renumbered as sub-section (1) thereof and after the said sub-section (1) as so

renumbered, sub-section (2) was added by Mah. 17 of 2007, s. 2.

2 This portion was substituted for the portion beginning with the words “no such permission”
and ending with the words “residential purpose in non-urban area” by Mah. 19 of 2012, s. 2(a).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

31

micro enterprise as defined in clause (h) of section 2 of the Micro, Small and
Medium Enterprises Development Act, 2006  and small commercial use like
shop,  flour  mill,  grocery  shop  or  chilli  grinding  machine,  operated  in  such
premises in use for the personal bona fide residential purpose in non-urban
area  and  occupying  the  area  not  exceeding  forty  square  meters 1[or  for  any
micro,  small  and  medium  food  processing  industrial  units]]excluding,—

27 of
2006.

(a) the area mentioned in clause (2) of the Explanation to section 47A,
as a peripheral area of the Municipal Corporation or the Municipal Council ;

(b) the  area  falling  within  the  control  line  of  the  National  Highways,

State Highways, District Roads  or Village Roads ;

(c) the  areas  notified  as  the  Eco-sensitive  Zone  by  the  Government  of

India.]

2[Provided that, the person who uses such premises for the micro enterprise
and  such  small  commercial  purpose,  and  occupying  the  area  not  exceeding
forty square meters for such purpose 3[or for any micro, small and medium
food processing industrial units], shall give intimation of the date on which
such change of use of land has commenced and furnish other information in
such  form  as  may  be  prescribed,  within  thirty  days  from  such  date,  to  the
Tahsildar through the village office and shall also endorse a copy thereof to
the  Collector.]

4[Provided further that, the use of land for any micro, small and medium
food  processing  industrial  units  shall  be  deemed  to  be  the  use  of  land  for
agricultural  purpose.]

5[42A.

(1) Notwithstanding  anything  contained  in  section  42,—

(a) no prior permission of the Collector shall be necessary for conversion
of use of any land held as an Occupants—Class I for any purpose as defined
in the sanctioned Development Plan or draft Development Plan prepared
and published as per the provisions of the Maharashtra Regional and Town
Planning Act, 1966 ; however, the Planning Authority shall ascertain from
the  concerned  revenue  authority  the  Class  of  land,  its  occupancy  and
encumbrances, if any, thereupon, and after ascertaining the same, it shall
grant the development permission as per the provisions of the Maharashtra
Regional and Town Planning Act, 1966 ;

(b) for conversion of use of any land held as an Occupants—Class II or
land  leased  by  the  Government,  for  any  purpose  as  defined  in  the
sanctioned  Development  Plan  or  draft  Development  Plan  prepared  and
published  as  per  the  provisions  of  the  Maharashtra  Regional  and  Town
Planning Act, 1966, the occupant shall apply to the Planning Authority for
permission  to  change  the  use  of  land,  and  the  Planning  Authority  shall
direct  the  said  occupant  to  obtain  no  objection  certificate  of  the  Collector
for such change; the Collector shall examine the documents by which the
land  is  granted  and  the  relevant  laws  by  which  the  concerned  land  is

Mah.
XXXVII
of 1966.

Mah.
XXXVII
of 1966.

Mah.
XXXVII
of 1966.

1 These words were inserted by Mah. 12 of 2018, s.3(9).
2 This proviso was added by Mah. 19 of 2012, s. 2 (b).
3 These words were inserted by Mah. 12 of 2018, s. 3 (b).
4 This proviso was added by Mah. 12 of 2018, s. 3(c).
5 This section was inserted by Mah. 37 of 2014, s. 3.

H  2069—6a

No permis-
sion required
for  change of
use of land
situate in
area covered
by Develop-
ment plan.

32

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

governed  and,  if  permissible  to  grant  no  objection  certificate,  require  the
applicant to pay the Nazarana and the Government dues for that purpose;
and  on  payment  of  the  same,  the  Collector  shall  issue  no  objection
certificate  for  change  of  use  of  such  land  ;  on  receipt  of  such  certificate,
the  concerned  Planning  Authority  shall  issue  development  permission  as
per  the  provisions  of  the  Maharashtra  Regional  and  Town  Planning  Act,
1966.

Mah.
XXXVII
of 1966.

(2) The  person  to  whom  permission  is  granted  under  clause  (b)  of  sub-
section (1) or the person who converts the use of land in view of clause (a) of
sub-section (1) shall inform in writing to the village officer and the Tahsildar
within  thirty  days  from  the  date  on  which  the  change  of  use  of  land
commenced.

(3) If the person fails to inform the village officer and the Tahsildar within
the period specified in sub-section (2), he shall be liable to pay in addition to
the  non-agricultural  assessment,  a  fine  of  rupees  twenty-five  thousand  or
forty  times  of  the  non-agricultural  assessment,  whichever  is  higher.

(4) (a) On  receipt  of  the  information  in  writing  from  the  person,  who
obtained  the  development  permission,  and  on  payment  of  conversion  tax  at
the  rate  mentioned  in  section  47A  and  the  non-agricultural  assessment
therefor, it shall be incumbent upon the concerned revenue authority to grant
him sanad in  the  form  prescribed  under  the  rules  within  a  period  of  thirty
days  from  payment  thereof.  In  case  of  delay  in  issuing  such sanad, the
concerned  authority  shall  record  his  reasons  for  the  same.

Where there is any clerical or arithmetical error in the sanad arising from
any accidental slip or omission, it shall be lawful for the concerned authority
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.

(b) While  granting  no  objection  certificate  for  the  use  of  land  under
clause (b) of sub-section (1) or permission under the Code, the Collector shall
grant the no objection certificate or permission relying upon the Data Bank
prepared  and  certified  by  the  concerned  authorities  at  the  District  level.

(c) It  shall  be  the  responsibility  of  the  District  Head  of  the  concerned

Department to update the Data Bank, from time to time.]

1[42B.

(1) Notwithstanding  anything  contained  in  sections  42,  42A,  44
and 44A, upon publication of the final Development Plan in any area as per
the  provisions  of  the  Maharashtra  Regional  and  Town  Planning  Act,  1966,
the  use  of  any  land  comprised  in  such  area  shall,  if  conversion  tax,  non-
agricultural  assessment  and,  wherever  applicable, nazarana or  premium
and  other  Government  dues  as  provided  for  in  sub-section  (2)  are  paid,  be
deemed  to  have  been  converted  to  the  use  shown  by  way  of  allocation,
reservation  or  designation  in  such  Development  Plan  and  no  separate
permission  under  section  42  or  section  44  shall  be  required  for  the  use  of
such land for the use permissible under such Development Plan :

Mah.
XXXVII
of 1966.

Provided that, where a final Development Plan is already published on or
before  the  date  of  commencement  of  the  Maharashtra  Land  Revenue  Code
(Amendment)  Act,  2017  (hereinafter  in  this  section  referred  to  as  “the
commencement  date”),  any  land  comprised  in  the  area  under  such
Development  Plan  shall,  if  the  conversion  tax,  non-agricultural  assessment

Mah.
XXX of
2017.

1 These sections were inserted by Mah. 30 of 2017, s.2.

Provision for
conversion of
land use for
lands in-
cluded in final
Development
plan area.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

33

and wherever applicable, nazarana or premium and other Government dues
as provided for in sub-section (2) are paid, be deemed to have been converted
to the use shown by way of allocation, reservation or designation in respect
of such land in such final Development Plan.

(2) Upon publication of the final Development Plan in any area and where
there is a final Development Plan already published, after the commencement
date, the Collector shall, on an application made in this regard or suo motu,
determine or cause to be determined the conversion tax at the rate mentioned
in section 47A and the non-agricultural assessment for such land on the basis
of  the  use  shown  in  the  Development  Plan  and  give  a  notice  thereof  to  the
concerned  occupant  for  making  payment  thereof  :

Provided that, where such land is held as Occupant Class-II, the Collector
shall also examine the documents by which such land is granted as such and
the  relevant  laws,  rules  and  the  Government  orders  by  which  such  land  is
governed  and  if  the  conversion  to  the  use  shown  in  the  final  Development
Plan is permissible thereunder, the Collector shall, wherever necessary, after
obtaining prior  approval of the authority competent to allow such conversion,
determine nazarana or  premium  and  other  Government  dues  payable  for
such  conversion,  as  per  special  or  general  orders  of  the  Government,
alongwith the amount of conversion tax and non-agricultural assessment, as
aforesaid, and communicate the same to the occupant for making payment.
If  the  payment  as  required  under  this  sub-section  is  done  by  the  occupant,
the  Collector  shall  grant  him sanad in  the  form  prescribed  under  the  rules
within  a  period  of  sixty  days  from  payment  thereof.  On  issuance  of sanad,
necessary entry  in the  record of rights  shall be made  showing such  land as
having  been  converted  to  non-agricultural  use,  with  effect  from  the  date  of
payment as aforesaid :

Provided  further  that,  where  the  action  under  this  sub-section  is
undertaken  on  an  application  made  in  this  regard,  the  notice,  after
determination  of  conversion  tax  and  non-agricultural  assessment  and,
wherever  applicable,  the  amount  payable  to  the  Government  towards
nazarana or  premium  and  other  Government  dues  as  per  the  prevailing
orders  of  the  Government,  shall  be  issued  to  the  concerned  occupant,—

(a) in respect of land held as Occupant Class-I, within 30 days from the

date  of  application  ;

(b) in respect of land  held as Occupant Class-II,—

(i) within  30  days  from  the  date  of  application,  where  the  Collector
is  competent  to  grant  permission  for  change  of  use  of  such  land  at  his
level  ;

(ii) within  30  days  from  the  date  on  which  the  permission  of  the
authority,  competent  to  allow  such  conversion  or  change  of  use,  is
received  by  the  Collector  :

Provided also that, the non-agricultural assessment done under this section
shall,  wherever  necessary,  be  revised  for  a  land  in  accordance  with  the
development  permission  accorded  by  the  Planning  Authority  and  for  this
purpose, it shall be mandatory for the Planning Authority to furnish a copy
of such development permission to the Collector, in each case within 30 days
of grant of such permission or its revision, if any :

34

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Provided also that, the non-agricultural assessment of a land, done on the
basis of the use shown in the Development plan, shall be revised in case the
Development Plan is revised or modified by the Government and as a result
thereof,  the use  of the  land  shown in  the  Development   Plan changes,  with
effect from  the date  of such  revision or  modification :

Provided  also  that,  the challan or  receipt  of  payment  of  conversion  tax,
non-agricultural  assessment  and nazarana or  premium  and  other
Government  dues  under  this  sub-section  shall  be  regarded  as  the  proof  of
the  land  having  been  converted  to  the  non-agricultural  use  shown  in  the
final  Development  plan  and  no  further  proof  shall  be  necessary.

(3) Nothing  in  sub-sections  (1) and  (2)  shall  be  applicable  to  any  land
granted by the Government under section 31 or 38, for specific purpose or to
any  land  acquired  by  the  Government  under  the  relevant  laws  and  handed
over to any individual, institution or company for use, or to any land which
is under any reservation in the Development plan but has not been acquired
by  the  Planning  Authority  or  the  Appropriate  Authority.

42C.

(1) Where  a  land  is  situated  in  an  area,  for  which  draft  Regional
plan has been prepared and necessary notice regarding such draft Regional
plan  has  been  duly  published  in  the Official  Gazette or  such  Regional  plan
has  been  approved  and  published  in  the Official  Gazette, the  use  of  such
land  for  the  purposes  of  section  42  or  section  44,  shall  be  deemed  to  have
been  converted  to  corresponding  non-agricultural  use,  once  development
permission on such land under section 18 of the Maharashtra Regional and
Town Planning Act, 1966 is granted, if the conversion tax and non-agricultural
assessment, as per the provisions of this Act, and, in respect of a land held
as  Occupant  Class-II, nazarana or  premium  and  other  Government  dues
levied  for  such  conversion,  as  per  the  prevailing  orders  of  the  Government
and the relevant provisions of the law, are paid.

(2) Where  a  land  is  situated  in  an  area  for  which  draft  Regional  plan  or
draft  Development  plan  has  been  prepared  and  necessary  notice  regarding
such draft Regional plan or draft Development plan has been duly published
in  the Official  Gazette or  such  Regional  plan  or,  as  the  case  may  be,  the
Development Plan has been approved and published in the Official Gazette,
the permission to build a farm building, given by the Collector under section
18  of  the  Maharashtra  Regional  and  Town  Planning  Act,  1966  or  by  the
Planning Authority under the provisions of the aforesaid Act, shall be deemed
to be the permission envisaged under section 41 for such farm building.]

1[42D. (1) Any  land  situated  in  an  area  (hereinafter  referred  to  as

“peripheral area”)  within 200 meters  from the  limts of—

(i) the site of any village, or

(ii) town or city, where such land adjacent to the limits of such town or
city is allocated to a developable zone in the draft or final Regional Plan;

shall  be  deemed  to  have  been  converted  to  non-agricultural  use  for
residential purpose or the purpose admissible as per draft or final Regional
Plan,  subject  to  the  provisions  of  the  Development  Control  Regulations
applicable  to  such  area.

(2) For deemed conversion of the land situated in such peripheral area to
the non-agricultural user, the Collector shall, on an application made in this
1 Section 42D was inserted by Mah. 12 of 2018, s. 4.

Mah.
XXXVII
of 1966.

Mah.
XXXVII
of 1966.

Provision for
coversion of
land use for
lands
included in
the draft
Regional plan.

Provision for
coversion of
land use for
the
residential
purpose.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

35

regard or suo moto, determine or cause to be determined the conversion tax
at  the  rate  mentioned  in  section  47A  and  the  non-agricultural  assessment
for such land and give a notice thereof to the concerned occupant for making
payment  thereof  :

Provided that, where such land is held as Occupant Class-II, the Collector
shall also examine the documents by which such land is granted as such and
the  relevant  laws,  rules  and  the  Government  orders  by  which  such  land  is
governed and  if the  conversion of  the land  situated in  such peripheral  area
to  the  non-agricultural  user  for  the  residential  purpose  or  the  purpose
allowed  as  per  draft  or  final  Regional  Plan  is  permissible  thereunder,  the
Collector  shall,  wherever  necessary,  after  obtaining  prior  approval  of  the
authority  competent  to  allow  such  conversion,  determine nazarana or
premium  and  other  Government  dues  payable  for  such  conversion,  as  per
special  or  general  orders  of  the  Government,  alongwith  the  amount  of
conversion  tax  and  non-agricultural  assessment,  as  aforesaid,  and
communicate the same to the occupant for making payment. If the payment
as required under this sub-section is made by the occupant, necessary entry
in  the  record  of  rights  shall  be  made  showing  such  land  as  having  been
converted  to  non-agricultural  use,  with  effect  from  the  date  of  payment  as
aforesaid  and  the  Collector  shall  grant  him sanad  in  the  form  prescribed
under the rules within a period of sixty days from payment thereof :

Provided  further  that,  where  the  action  under  this  sub-section  is
undertaken  on  an  application  made  in  this  regard,  the  notice,  after
determination  of  conversion  tax  and  non-agricultural  assessment  and,
wherever  applicable,  the  amount  payable  to  the  Government  towards
nazarana or  premium  and  other  Government  dues  as  per  the  prevailing
orders  of  the  Government,  shall  be  issued  to  the  concerned  occupant,—

(a) in respect of land held as Occupant Class-I, within 30 days from the

date  of  application;  and

(b) in respect of land  held as Occupant Class-II,—

(i) within  30  days  from  the  date  of  application,  where  the  Collector
is  competent  to  grant  permission  for  change  of  use  of  such  land  at  his
level;  or

(ii) within  30  days  from  the  date  on  which  the  permission  of  the
authority,  competent  to  allow  such  conversion  or  change  of  use,  is
received  by  the  Collector  :

Provided also that, the non-agricultural assessment done under this section
for  residential  or  other  admissible  purpose  shall,  wherever  necessary,  be
revised  in  accordance  with  the  development  permission  accorded  by  the
authority competent to grant such permission, and for this purpose, it shall
be  mandatory  for  such  competent  authority  to  furnish  a  copy  of  such
development permission to the Collector, in each case within 30 days of grant
of such building  permission :

Provided  also  that,  the  challan  or  receipt  of  payment  of  conversion  tax,
non-agricultural  assessment  and nazarana or  premium  and  other
Government  dues  under  this  sub-section  shall  be  regarded  as  the  proof  of
the  land  having  been  converted  to  the  non-agricultural  use,  and  no  further
proof  therefor  shall  be  necessary.

(3) Nothing  is  sub-sections  (1)  and  (2)  shall  be  applicable  to  any  land
granted by the Govenment under section 31 or 38, for specific purpose or to
any  land  acquired  by  the  Government  under  the  relevant  laws  and  handed

36

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Restriction on
use.

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

over  to  any  individual,  institution  or  company  for  its  use,  or  to  any  land
which  is  under  any  reservation  in  the  draft  or  final  Regional  Plan  but  has
not been acquired by the Planning Authority or the Appropriate Authority.]

43. 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 agricultural 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.

(1) 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.

1 This portion was substituted for the portion begining with the words “If an occupant” and

ending with the words “for a non-agricultural purpose , or” by Mah. 17 of 2007, s.3.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

37

(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
1[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 2[such  fine  not  exceeding  Five  hundred  rupees  or  such  amount
as  may  be  prescribed,  whichever  is  higher,  as  may  be  directed  by  the
Collector].

(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.

3[44A.

(1) Notwithstanding anything contained in section 42 or 44, where
a  person  desires  to  convert  any  land  held  for  the  prupose  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, 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, 4[for a

bona-fide industrial use ; or

(iii) within the area undertaken by a private developer 5[as an Integrated

Township Project],

1 These words were inserted by Mah. 4 of 1970, s.3.
2 These words were substituted for the words “such fine as the collector may, subject to rules
made in this behalf direct not exceeding five hundred rupees” by Mah. 21 of 2017, s.3.

3 Section 44A was inserted by Mah. 26 of 1994, s. 2.
4 This portion was substituted for the portion begining with the words “for a bona fide indus-
trial use” and ending with the words “conditions, namely :—” by Mah. 26 of 2005, s. 2(a)(i).
5 These words were substituted for the words “as a special township project” by Mah. 19 of

Mah.
XXXVII
of 1966.

2015, s. 2(l)(a).

H 2069—7

No permis-
sion required
for bona fide
industrial use
of land.

38

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

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 1[2[or
Integrated 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  or  the  Maharashtra  Industrial  Development
Act,  1961  or  covers  the  alignment  of  any  road  included  in  the  1981-2001
Road Plan or any subsequent Road Plan prepared by the State Government ;

I of
1894.
Mah. III
of 1962.

(d) such  person  ensures  that  the  proposed  industry 3[4[or  Integrated
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
Regulation, 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:

5[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 6[7[or
Integrated 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,

1 The words “or special township project, as the case may be” were inserted by Mah. 26 of

2005, s. 2(a) (ii).

2 These words were substituted for the words “or special township project” by Mah. 19 of

2015, s.2 (l) (b).

3 The words “or special township project, as the case may be” were inserted by Mah. 26 of

2005, s. 2(a)(iii).

4 These words were substituted for the words “or special township project” by Mah. 19 of

2015, s. 2(l) (c).

5 This proviso was added by Mah. 26 of 2005, s. 2(a) (iv).
6 The words “or special township project, as the case may be” were inserted by Mah. 26 of

2005, s. 2(b).

7 These words were substituted for the words “or special township project” by Mah. 19 of

2015, s. 2(ll).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

39

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 the Code, 1[such penalty not exceeding
rupees  ten  thousand  or  such  amount  as  may  be  prescribed,  whichever  is
higher, as  the Collector may  direct ]:

Provided that, the penalty so 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 2[further  penalty  not
exceeding  five  thousand  rupees  or  such  amount  as  may  be  prescribed,
whichever is higher, for such contravention, and a daily penalty not exceeding
one  hundred  rupees  or  such  amount  as  may  be  prescribed,  whichever  is
higher,]  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
3[4[or  Integrated 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
fulfils all the conditions specified in sub-section (1), a sanad shall be granted
to the holder thereof in the prescribed form 5[within a period of sixty days in
case  of bona-fide  industrial  use  and  ninety  days  in  case  of  Integrated
Township  Project  from  the  date  of  receipt  of  such  intimation].

1 These words were substituted for the words “such penalty not exceeding rupees ten thou-
sand, as the Collector may subject to the rules, if any, made in this behalf direct” by Mah.
21 of 2017, s. 4 (a).

2 These words were substituted for the portion beginning with the words “further penalty”

and ending with the words “One hundred rupees” by Mah. 21 of 2017, s. 4(b).

3 These words were inserted by Mah. 26 of 2005, s. 2(c).
4 These words were substituted for the words “or special township project” by Mah. 19 of

2015, s. 2(III) (a).

5 These words were added by Mah. 19 of 2015, s. 2(III) (b).

H  2069—7a

40

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Penalty for so
using land
without
permission.

Mah.
XXXVII
of 1966.

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.

1[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 2[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.]

3[Explanation-II.––For the  purposes of this section,  “Integrated Township
Project”  means  Integrated Township Project  or  projects  under  the
Regulations  framed  for  development  of  Integrated  Township  Project  by  the
Government,  under  the  provisions  of  the  Maharashtra  Regional  and  Town
Planning Act, 1966.]

45.

(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 thereof 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.

1 The existing Explanation was renumbered as Explanation-I and after the Explanation-I so

renumbered, the Explanation-II was added by Mah. 26 of 2005, s.2(d).

2 These words were inserted and deemed to have been inserted with effect from 1st July 2000

by Mah. 26 of 2005, s. 2(e).

3 This Explanation was substituted by Mah. 19 of 2015, s. 2(iv).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

41

(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 1[person a penalty not exceeding three hundred rupees or such amount
as  may  be  prescribed,  whichever  is  higher,    for  such  contravention,  and  a
further  penalty  not  exceeding  thirty  rupees  or  such  amount  as  may  be
prescribed, whichever is higher,] 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 an 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.

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 section 42,
43  or  44  without  the  consent  of  the  holder  and  thereby  renders  the  holder
liable  to  the  penalties  specified  in  section  43,  44  or  45,  the  tenant  or  the
person, as the case may be, shall be responsible to the holder in damages.

Responsibility
of tenant or
other person
for wrongful
use.

Power of
State
Government
to exempt
lands from
provisions of
2[section 41,
42], 44, 45 or
46.

Liability for
payment of
conversion tax
by holder for
change of user
of land.

47. Nothing in 2[section 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,  if  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.

3[47A.

(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 4[the limits of Mumbai Municipal Corporation area excluding
the  area  of  the  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 ;5[***]

(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
6[section 47 ; or]

1 These words were substituted for the portion beginning with the words “person a penalty”

and ending with the words “thirty rupees” by Mah. 21 of 2017, s. 5.

2 These words and figures were substituted for the word and figures “section 42” by Mah. 32

of 1986, s. 3.

3 Section 47A was inserted by Mah. 8 of 1979, s. 2.
4 This portion was substituted for the portion beginning with the words “the limits of Greater

Bombay” and ending with the word “ Solapur” by Mah. 23 of 1999, s. 2 (1)(a).

5 The word “or” was deleted by Mah. 26 of 1994, s. 3(a)(i).
6 These words and figures were substituted for the word and figures “section 42” by Mah. 26

of 1994, s. 3(a) (ii).

42

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

1[(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 2[five times or such amount as may be prescribed, whichever is
higher,  of]  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 ; 3[***]

(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 4[section
47 ; or]

5[(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 6[five times or such amount as may be prescribed, whichever is
higher,  of]  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) 7[(a) “ Mumbai Municipal Corporation”  means the Mumbai Municipal

Corporation  constituted  under  the  Mumbai  Municipal  Corporation  Act  ;

(b) “any  other  Municipal  Corporation”  means  all  the  other  existing
Municipal  Corporations,  constituted  under  the  City  of  Nagpur  Corporation
Act,  1948†  or  the  Bombay  Provincial  Municipal  Corporation  Act,  1949*,  as
the case may be ;]

(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
8[the  Maharashtra  Municipal  Councils, Nagar  Panchayats  and  Industrial
Townships Act, 1965] ;

Bom. III
of 1888.
C.P. and
Berar II
of 1950.
Bom.
LIX of
1949.

Mah. XL
of 1965.

(2) “ peripheral  area ”  in relation  to––

9[(a) Mumbai  Municipal  Corporation  area  (excluding  the  area  of  the
Mumbai  City  District)  and  Municipal  Corporation  areas  of  the  Nagpur  and

1 This clause was inserted by Mah. 26 of 1994, s. 3(a)(iii).
2 These words were substituted for the words “five times” by Mah. 21 of 2017, s. 6 (a).
3 The words “or” was deleted by Mah. 23 of 1999, s. 3 (b) (i).
4 These words and figures were substituted for the word and figures “section 42” by Mah. 23

of 1999, s.3 (a) (ii).

5 This clause was inserted by Mah. 23 of 1999, s. 3(b) (iii).
6 These words were substituted for the words “five times” by Mah. 21 of 2017, s. 6(b).
7 These clauses were substituted by Mah. 23 of 1999, s. 2 (3) (a) (i).
8 These words were substituted for the words and figures “the Maharashtra Municipalities

Act, 1965” by Mah. 23 of 1999, s. 2 (3) (a) (ii).

9 These sub-clause were substituted for sub-clauses (a), (b) and (c), by Mah. 23 of 1999, s. 2

(3) (b).

* Now, the Maharashtra Municipal Corporations Act (59 of 1949).
† Repeated by the Bombay Provincial Municipal Corporations (Amendment) and the City of

Nagpur Corporation (Repeal) Act, 2011 (Mah. 23 of 2012), s.7.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

43

Government
title to mines
and minerals.

Pune  Municipal  Corporations  means  the  area  within  eight  kilometres  from
their  periphery  ;  and

(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
kilometre from the periphery of each of such ‘A’ Class or ‘B’ Class Municipal
areas.

48.

(1) 1[The  right  to  all  minerals] at  whatever  place  found,  whether  on
surface or undergorund, 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[*

*

*

*

*

*]

(2) The right to all mines and quarries includes the right of access to land
for the purpose of mining and quarrying and right to occupy such other land
as  may  be  necessary  for  purposes  subsidiary  thereto,  including  erection  of
offices,  workmen’s  dwelling  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.

(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).

1 These words were substituted for the words, “unless it is otherwise expressly provided by
the terms of the grant made by the State Government, the right to all minerals” by Mah. 16
of 1985, s. 14(a).

2 The proviso was deleted by Mah. 16 of 1985, s. 14(b).

I of
1894.

44

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(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  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, 1[on the
order in writing of the Collector or any revenue officer not below the rank of
Tahsildar  authorised  by  the  collector  in  this  behalf,  to  pay  penalty  of  an
amount 2[upto  five  times]]  the  market  value  of  the  minerals  so  extracted,
removed,  collected,  replaced, picked  up  or  disposed of,  as  the  case may  be  :

3[  *

*

*

*

*

*]

4[(8) (1) Without prejudice to the provision of sub-section (7), the Collector
or  any  revenue  officer  not  below  the  rank  of  Tahsildar  authorised  by  the
Collector  in  this  behalf,  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,  and  may  also  seize  and
confiscate  any  machinery  and  equipment  used  for  unauthorised  extraction,
removal,  collection,  replacement,  picking  up  or  disposal  of  minor  minerals
and any means of transport deployed to transport the same.

(2) Such  machinery  or  equipment  or  means  of  transport,  used  for
unauthorised  extraction,  removal,  collection,  replacement,  picking  up  or
disposal  of  minor  minerals  or  transportation  thereof,  which  is  seized  under
sub-section  (1),  shall  be  produced  before  the  Collector  or  such  other  officer
not  below  the  rank  of  Deputy  Collector  authorised  by  the  Collector  in  this
behalf,  within a period of forty-eight hours of such seizure, who may release
such seized  machinery, equipment or means of transport on payment by the
owner  thereof  of  such  penalty  as  may  be  prescribed  and  also  on  furnishing
personal  bond  of  an  amount  not  exceeding  the  market  value  or  the  seized
machinery, equipment or means of transport, stating therein that such seized
machinery, equipment or means of transport shall not be used in future for
unauthorised  extraction,  removal,  collection,  replacement,  picking  up  or
disposal  of minor  minerals and  transportation  of the  same]

(9) The State Government may make rules to regulate the extraction and
removal of minor minerals required by the 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.

5[(10) Notwithstanding  anything  contained  in  this  Act,  prior  to  grant  of
prospecting  license  or  mining  lease  for  minor  minerals  and  for  grant  of
1 These words were substituted for the words “on the Order in writing of the collector, to pay
penalty not exceeding a sum determined, at three times” by Mah. 27 of 2015, s. 2(i) (a).
2 These words were substituted for the words “equal to five times” by Mah. 30 of 2017, s.3.
3 The proviso was deleted by Mah. 27 of 2015, s. 2 (i) (b).
4 This sub-section was substituted by Mah. 27 of 2015, s. 2 (ii).
5 This sub-section was added by Notification No. RB/TC/e. 11019 (89) (2013)/Notification-4/
1120/2014,dated 30th October 2014 issued by the office of the Governor of Maharashtra
and is applicable to Scheduled Areas referred to in clause (i) of article 244 of the Constitu-
tion of India.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

45

concession for the exploitation of minor minerals by auction in the Scheduled
Areas referred to in clause (1) of article 244 of the Constitution of India, the
consent of the Gram Sabha or the Panchayats at the appropriate level shall
be  mandatory.

Explanation.—For  the  purposes  of  this  sub-section  “Gram  Sabha”  shall
have the same meaning as assigned to it in Chapter III A of the Maharashtra
Village  Panchayats  Act.]

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.

Construction
of water
course
through land
belonging to
other person.

49.

(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  he  is  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 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 agriculture of the land belonging
to  the  applicant  it  is  necessary  to  construct  the  water  course,  he  may  by
order  in  writing,  direct  the  nighbouring  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 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  the  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

H 2069—8

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Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

over the surface; and where it consists of underground pipes, say, 1[at a
rate of twenty five paise or such amount as may be prescribed, whichever
is higher], 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  of  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
If  he  fails  to  do  so,  the  neighbouring  holder  may
least  practicable  delay.
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 decision shall be final.

1 These words were substituted for the words “at a rate of 25 paise” by Mah. 21 of 2017,

s.7(a).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

47

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

(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 1[not  exceeding  one  hundred  rupees  or
such amount as may be prescribed, whichever is higher,] every time for the
injury or damage so caused.

Of  Encroachments  on  Land.

50. (1) In  the  event  of  any  encroachment  being  made  on  any  land  or
foreshore  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  therefor  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 2[a fine which shall be one
thousand rupees or such amount as may be prescribed, whichever is higher,]
if  the  land  is  used  for  an  agricultural  purpose,  and  if  used  for  a  purpose
other  than  agriculture  such  fine 3[not  exceeding  two  thousand  rupees  or
such amount as may be prescribed, whichever is higher]. The person caught
hawking  or  selling  any  articles  shall  be  liable  to  pay  fine  of  a  sum  not
exceeding 4[fifty  rupees  or  such  amount as  may  be  prescribed,  whichever  is
higher,]  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 5[twenty-five rupees or such

1 These words were substituted for the words “not exceeding one hundred rupee” by Mah. 21

of 2017, s. 7(b).

2 These words were substituted for the words “the fine which shall not be less than five

rupees but not more than one thousand rupees” by Mah. 21 of 2017, s. 8(a) (i).

3 These words were substituted for the words “not exceeding two thousand rupees” by Mah.

21 of 2017, s. 8(a) (ii).

4 These words were substituted for the words “fifty rupees” by Mah. 21 of 2017, s. 8(a) (iiii).
5 These words were substituted for the words “twenty five rupees” by Mah. 21 of 2017, s.

H  2069—8a

8(b)(i).

48

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Regularisation
of
encroachments.

amount as may be prescribed, whichever is higher] in the case of encroachment
for agricultural purposes and 1[fifty rupees or such amount as may be prescribed,
whichever is higher] 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. 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
2[five  times  or  such  amount  as  may  be  prescribed,  whichever  is  higher]  the
value of the land so encroached upon and to fix an assessment not exceeding
2[five  times  or  such  amount  as  may  be  prescribed,  whichever  is  higher]  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.

Value and
land revenue
how
calculated.

52.

(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.

Summary
eviction of
person
unauthorisedly
occupying
land vesting
in
Government.

53.

(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 1*  evict  such  person 3*

*

4[(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) 5[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,

1 The words were substituted for  the words “fifty rupees” by Mah. 21 of 2017, s. 8(b)(ii).
2 The words were substituted for  the words “fifty times” by Mah. 21 of 2017, s. 9.
3 The words, brackets and figure “summary” and “in the manner provided in sub-section (2)”

were deleted by Mah. 36 of 1971, s. 3(a).

4 Sub-section (1A) was inserted by Mah. 36 of 1971, s. 3(b).
5 These words were substituted for the words “The Collector shall serve” by Mah. 36 of 1971,

s. 3(c).

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

49

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
1[two  times  the  assessment  or  rent  for  the  land  or  such  amount  as  may  be
prescribed, whichever is higher,] for the period of such unauthorised use or
occupation.

54.

(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.

Forfeiture and
removal of
property left
over after
summary
eviction.

(2) Forfeitures  under  this  section  shall  be  adjudged  by  the  Collector  and
any  property so  forefeited  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].

1 These words were substituted for the words, “two times the assessment or rent

for land” by Mah. 21 of 2017, s. 10.

*  Section  54A  was  inserted  by  Mah.  41  of  1973,  s.  2.

It  remained  in  force  upto

30-11-1978.

The said section 54A reads as under :––

54A. Where,––

(a) any person is evicted from any land or foreshore under section 53;

(b) any building or other structure erected on any land or foreshore is forfeited

under section 54;

(c) any person who entered unauthorisedly on the land or foreshore, is allowed to
stay  thereafter  on  payment  of  a  licence  fee  for  the  land,  or  structure  thereon,  or
both,––

then, without prejudice to any other proceedings which may be taken against any such
person, or in respect of the structure given on licence as aforesaid,––

(1) the Collector or any officer of Government authorised by the Collector may,
notwithstanding  anything contained in any law, or in any contract or agreement, for
the time being in force, at any time by order direct that the licence or permission (if
any) granted  to any such person shall be deemed to be terminated forthwith ;

(2) the Collector, may, by written notice, which shall not be of less duration than
24 hours, require any person for the time being in occupation of the forfeited struc-
ture, to show sufficient cause, on or before such day and hour as shall be specified in
such notice, why the forfeited building or other structure shall not be pulled down or
removed; and if such person fails to show cause, on or before the specified day and
hour, to the satisfaction of the Collector, the Collector may pull down or remove the
building or other structure, as the case may be; and

(3) no person (including the person evicted) shall, without the previous permis-
sion of the Collector, enter on, or be on or in, or pass over, any such land or fore-
shore; and if any person enters on or remains on or in or passes over the land or
foreshore  in  contravention  of  this  section,  he  may  be  removed  therefrom  by  the
Collector or officer authorised; and the Collector or officer authorised may take all
such assistance as is necessary for the purpose.”.

Additional
temporary
powers for
termination of
licences, and
removal of
any building
or other
structure on
any land or
foreshore
which is
forfeited and
of persons re-
entering or
remaining on
the land or
foreshore
after eviction.

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[1966: Mah. XLI

Relinquishment.

Relinquish-
ment  of
alienated land.

Right of way
to  relin-
quished land.

Saving of
operation of
section 55 in
certain cases.

Summary
eviction of
person
unauthorisedly
occupying
land.

Of Relinquishment of Land.

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

the  holders  of  alienated  land.

57.

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. 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. 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.

Power of
State Govern-
ment to
suspend
operation of
section 55.

60.

(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.

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

61.

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

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

51

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.

M.P. I of
1951.

62. Any  land  which  immediately  before  the  date  of  vesting  under  the
Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated
Lands) Act, 1950, 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.

Bar of
attachment of
sale.

M.P. II
of 1955.
V of
1908.
V of
1920.

63. 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, nor 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,
nor  shall  such  right  vest  in  the  court  or  in  a  receiver  under  the  Provincial
Insolvency Act, 1920.

Bar of
foreclosure or
attachment or
sale of
Bhumidhari’s
right.

CHAPTER  IV

OF LAND REVENUE.

64. 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 any law for the time being in force or by special grant of the
State  Government.

All land liable
to pay revenue
unless
specially
exempted.

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. 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 lability 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.

Liability of
alluvial lands
to land
revenue.

66. 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.

Assessment
of land
revenue in
cases of
diluvion.

67.

(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,––

Manner of
assessment
and alteration
of  assess-
ment.

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[1966: Mah. XLI

Assessment
by whom to be
fixed.

(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.

(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  to  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.

53

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

Rates for use
of water.

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

Land revenue
to be
paramount
charge on
land.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

69. 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. 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
1[one rupee or such amount as may be prescribed, whichever is higher,] per
year  per  holder.

71. 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.

(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 theretofore 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

1 These words were substituted for the words “one rupee only” by Mah. 21 of 2017, s.11.

H 2069—9

54

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Forfeited
holdings may
be taken
possession of
and otherwise
disposed.

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

Register of
alienated
lands.

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 1[three  times  the  assessment  or  such  times  the
assessment  as  may  be  prescribed,  whichever  is  higher.]  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.

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.

In  order  to  prevent  the  forfeiture  of  any  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. 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.

Receipts.

76.

(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  is  received  by  him,  give  to  such  inferior  holder  a  written
receipt  for  the  same.

Penalty for
failure to
grant receipts.

77.

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.

1 These words were substituted  for the words “three times the assessment”  by Mah. 21 of

2017, s. 12.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

55

78. 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.

Reduction,
suspension
or remission
of land
revenue.

CHAPTER  V.

REVENUE SURVEYS.

79.

(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 except 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.

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.

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.

(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 of 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  authorizedly made  whatever  be its  extent.

Revenue
survey may be
introduced by
State Govern-
ment into any
part of State.

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

Assistance  to
be given by
holders and
others in
measurement
or classifica-
tion of land.

Survey
numbers not
to be of less
than certain
extent.

H  2069—9a

56

Power of
State Govern-
ment to direct
fresh survey
and revision
of  assess-
ment.

Entry of
survey
numbers and
sub-divisions
in records.

Partition.

Division of
survey
numbers into
new survey
numbers.

Divisions of
survey
numbers into
sub-divisions.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

83.

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. 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.

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

Bom.
LXII of
1947.

(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) 1[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.

2*

*

*

*

*

*

*

(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. 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.

(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 ;

1 These words were substitued for the words, brackets and figure “Subject to the provisions of

sub-section (4), the Collector” by Mah. 8 of 1969, s. 3(a).

2 Sub-section (4) was deleted by Mah. 8 of 1969, s. 3(b).
* Short title of the Act has been amended as the Maharashtra Prevention of Fragmentation
and Consolidation of Holdings Act (LXII of 1947) by Mah. 24 of 2012, s. 2 and 3, Schedule,
entry 29, w.e.f. 1st May 1960.

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Maharashtra  Land  Revenue  Code,  1966

57

(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. 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  land
undertaken  under  the  provisions  of  this  Chapter,  be  compelled  to  produce
his  title-deeds  to  such  land  or  to  disclose  their  contents.

Privilege of
title-deeds.

Survey made
before com-
mencement of
this Code to
be deemed to
be made
under this
Chapter.

Interpreta-
tion.

89. Any 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.

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
purpose  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.

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Explanation.—In 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  homeogeneous  in  respect  of—

(i)  physical  configuration,

(ii) climate and rainfall,

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

(iv)  soil  characteristics.

Forecast as to
settlement.

91.

(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  despatched  to  every  member  of
each  of  the  two  houses  of  the  State  Legislature  not  less  then  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. Subject to the provisions of section 91, the State Government may at
any time direct a settlement of land revenue of any land (hereinafter refered
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.

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

Term of
settlement.

93. 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.

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Maharashtra  Land  Revenue  Code,  1966

94.

(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
exempt  from  the  payment  of  land  revenue  shall,  subject  to  the  limitations
contained in the first provisio 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  :––

59

Assessment
how deter-
mined.

(a) (i) physical  configuration  ,
(ii) climate  and  rainfall,
(iii) prices,  and
(iv) yield  of  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.

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

In  making  a  settlement,  the  Settlement  Officer  shall  proceed  as

96.
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 groups
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 ;

Increase in
average yield
due to
improve-
ments at the
expense of
holders not to
be taken into
account.

Settlement
Officer how to
proceed for
making
settlement.

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[1966: Mah. XLI

Settlement
report to be
printed and
published.

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

Reference to
4[Revenue
Tribunal].

(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.

(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  writting  to  the  proposals  contained  in  the  settlement  report
within three months from the date of such notice.

98. 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. 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 1[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
3[The Revenue Tribunal]
to be sent to 2[the Revenue Tribunal] for inquiry.
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.

Orders on
Settlement
Report.

100.

(1) The  settlement  report,  together  with  the  objections,  if  any,
received thereon and the opinion of 5[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 6[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.

1 These words were substitued for the words “for reference to the concerned Divisional  Com-

missioner” by Mah. 23 of 2007, s. 2 (a).

2 These words were substituted for the words “the Divisional Commissioner”, ibid., s. 2(b).
3 These words were substituted for the words “the Divisional Commissioner”, ibid., s. 2(c).
4 These words were substituted for the words “the Divisional Commissioner”, ibid., s. 2(d).
5 These words were substituted for the words “the Divisional Commissioner”, ibid., s. 3(a).
6 These words were substituted for the words “the Divisional Commissioner”, ibid., s. 3(b).

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Maharashtra  Land  Revenue  Code,  1966

61

(3) The  orders  passed  by  the  State  Government  shall  be  final  and  shall

not be called in question in any Court.

101.

(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.

Power of
State Govern-
ment to
exempt from
assessment
for water
advantages.

102. 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  :

Introductions
of
 settlement.

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.

(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.

(1) Nothing in this Chapter shall be deemed to prevent a Settlement
Officer from determining and resistering 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. 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 :

Claims  to
hold land free
of land
revenue.

Assessment
of lands
wholly exempt
from payment
of land
revenue.

Power to
State Govern-
ment to direct
assessment
for water
advantages.

H  2069—10

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[1966: Mah. XLI

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.

Power of
Collector to
correct errors.

106. 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. All  settlement  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.

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

CHAPTER  VII.

ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR

NON-AGRICULTURAL PURPOSES.

Interpreta-
tion.

108.

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  capitalised  assessment  for  the
1[The  capitalised  assessment  shall  be  determined  in
time  being  in  force.
such manner as may be prescribed].

Non-agricul-
tural  assess-
ment of lands
to be deter-
mined on
basis of their
non-agricul-
tural use and
having regard
to urban and
non-urban
areas.

Procedure for
determining
non-agricul-
tural  assess-
ment of lands
in non-urban
areas.

109. 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.

(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 Classess-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
propose  for  which  they  are  used,  and  the  advantages  and  disadvantages
attaching  thereto.

2[(1A) Notwithstanding anything contained in sub-section (1), any area of
a  village  or  group  of  villages  which  has  been  notified  as  an  “urban  area”
under  clause  (42)  of  section  2  shall,  on  the  date  of  coming  into  force  of  the

1 These words were added by Mah. 35 of 1976, s. 3.
2 This sub-section was inserted by Mah. 21 of 2003, s. 3.

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Maharashtra  Land  Revenue  Code,  1966

63

Mah.
XXI of
2003.

Maharashtra Land Revenue Code (Amendment) Act, 2003, cease 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 1[not exceeding 2[ten paise or such
amount  as  may  be  prescribed,  whichever  is  higher,]]per  square  metre  per
year,  and  those  falling  in  Class  II  at  a  rate 3[not  exceeding 4[five  paise  or
such amount as may be prescribed, whichever is higher,]] 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. 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-agricultrual  purposes  for  which  they  are  used,  and  the  advantages
and  disadvantages  attaching  thereto.

112. 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.

(1) Subject  to  the  provisions  of  section  112,  the 5[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.

6[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 rates as
determined and issued in the form of Annual Statement of rates, by the Chief

1 These words were substituted for the words “not exceeding two paise” by Mah. 24 of 2007, s.

2(a).

2 These words were substituted for the words “ten paise” by Mah. 21 of 2017, s. 13(a).
3 These words were substituted for the words “not exceeding one paisa” by Mah. 24 of 2007, s.

2(b).

4 These words were substituted for the words “five paise” by Mah. 21 of 2017, s. 13(b).
5 These words were substituted for the words “Collector shall with the approval of the State

Government” by Mah. 23 of 1999, s. 3(1)(a).

6 This Explanation was substituted for the existing Explanation by Mah. 23 of 1994, s. 3(1)(b).

H  2069—10a

Procedure for
determining
non-agricul-
tural  assess-
ment in urban
areas.

Non-agricul-
tural  assess-
ment not to
exceed three
per cent. of
full market
value.

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

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Controling  Revenue  Authority  under  the  Bombay  Stamp  (Determination  of
True  Market  Value  of  Property)  Rules,  1995  framed  under  the  #Bombay
Stamp Act, 1958, immediately preceding the year in which the standard rate
of non-agricultural  assessment  is  to  be  fixed.]

Bom. LX
of 1958.

1[(2) The  standard  rate  of  non-agricultural  assessment  shall  remain  in
force for a period of 2[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  :

3[Provided  that,  the  first  such  guaranteed  period  shall  commence  on  the

first day of August 1979 and shall expire on the 31st day of the July 1991:]

4[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  1st  day  of  August
1979, such standard rate shall be deemed to be due for revision at any time
on and after 5[the 1st day of August 1979; and then such standard rate if so
revised shall be deemed to have come into force with effect from the 1st day
of  August  1979  on  which  date  the  first  guaranteed  period  commenced  and
would remain in force upto the 31st 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.]

*6[(2C) Notwithstanding anything contained in sub-section (1) or the rules
made  thereunder,  the  rates  of  non-agricultural  assessment  for  every
guaranteed  period  of  five  years  after  the  1st  August  2001  shall  not  be  less
than the rate prevailing on the day immediately preceding the beginning of
such  guaranteed  period  (hereinafter  referred  to  as  “the  reference  day”)  and
shall  not  exceed,—

(a) three  times  the  non-agricultural  assessment  rate  prevailing  on  the
reference day in a Municipal Corporation area and two times of such rate

1 These sub-sections were substituted for the original sub-section (2) by Mah. 8 of 1979, s. 3(b).
2  These  words  were  substituted  for  the  words  “ten  years”  and  are  deemed  to  have  been

substituted on 1st day of August 1991, by Mah. 17 of 1993, s. 25 (1)(a).

3 This proviso was substituted and deemed to have been substituted on the 31st day of March

1979, by Mah. 17 of 1993, s. 25 (1)(b).

4 This proviso was inserted after the existing proviso by Mah. 23 of 1999, s. 3(2).
5 These words, figures, brackets and letter were substituted for the words “that date” and shall

deemed to have been substituted on the 31st day of March 1979 by Mah. 17 of 1993,
s. 25(2).

6 This sub-section was substituted by Mah. 54 of 2017, s. 2.
* Section 5 of Mah. 54 of 2017 reads as under :—
5. Under no circumstances, shall any person be entitled to refund of any amount paid towards
any assessment made under the provisions of the Maharashtra Land Revenue Code, 1966
prior  to  the  date  of  commencement  of  the  Maharashtra  Land  Revenue  Code  and  the
Maharashtra Land Revenue (Conversion of Use of Land and Non-agricultural Assessment)
Rules (Amendment) Act, 2017.

# Short title of the Act has been amended as the Maharashtra Stamp Act (LX of 1958) by Mah.

24 of 2012, Ss. 2 and 3, Schedule, entry 67, w.e.f. 1st May 1960.

Mah.
XLI of
1966.
Mah.
LIV of
2017.

No refund
under the
Code.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

65

Rate of
assessment  of
lands used for
non-agricul-
tural purposes.

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  prevailing  on  the
reference day 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.

(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.

1[(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.]

2[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 that 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.

3[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.

Date of
commence-
ment of non-
agricultural
assessment.

1 This clause was substituted for clause (c) by Mah. 23 of 1999, s. 4 (a).
2 This Explanation was substituted for the existing Explanation by Mah. 23 of 1999, s. 4(b).
3 These words were substituted for the words “The non-agricultural assessment” by Mah. 4

of 1970, s. 4.

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[1966: Mah. XLI

Lands exempt
from payment
of non-
agricultural
assessment.

Revocation of
exemption.

Non-agricul-
tural  assess-
ment of lands
whollyexempt
from payment
of land
revenue.

Non-agricul-
tural  assess-
ment fixed
before
commence-
ment of Code
to continue in
force until
altered.

1116.

[  *

*

*

*

*

]

117. 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 ;

2[(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.

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. 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. 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, 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.

1 Section 116 was deleted by Mah. 9 of 2002, s. 3.
2 Clause (5a) was inserted by Mah. 17 of 2007, s. 4.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

67

CHAPTER  VIII.

OF LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND CITIES.

121. The  provisions  of  this  Chapter  shall  apply  to  all  lands  situated

within the site of a village, town or city.

122.

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  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.

Application of
Chapter.

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

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

124.

(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.

Right to
exemption to
be determined
by Collector.

(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 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 holdler 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.

Pardi and
wada lands
exempted
from payment
of land
revenue.

126.

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 :

Survey of
lands in
village sites
how to be
conducted.

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.

(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 rateable value of such site.

In certain
cases survey
fee to be
charged.

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[1966: Mah. XLI

(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.

Maps of
village sites.

128.

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

Sanad to be
granted
without extra
charge.

Grant of
sanad on
alteration of
holding.

(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
proportion as may be prescribed, the State Government may undertake the
preparation  of  such  maps.

129. 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 therefor, 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 1[one rupee or such
amount as may be prescribed, whichever is higher,] per sanad. Every such
sanad shall be executed on behalf of the Governor by such person as he may
direct  or  authorise  :

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 1[one rupee
or such amount as may be prescribed, whichever is higher,] for each sanad.

130. 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.

Duplicate
sanads may
be granted.

131.

If  any  holder  informs  the  Collector  that  the sanad granted  to  him
has  been lost  or  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.

1 These words were substituted for the words “one rupee” by Mah. 21 of 2017, s. 14

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

69

CHAPTER  IX.

BOUNDARY AND BOUNDARY MARKS.

132. 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.

Fixation and
demarcation
of boundaries.

133. 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  apportunity  of  appearing  and  producing  evidence.

Determina-
tion of village
boundaries.

134.

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  out  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.

Determina-
tion of field
boundaries.

1[135.

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 boundary or area of any survey number or sub-division of a survey number,
it  shall  be  decided  by  the  Collector  after  holding  a  formal  inquiry  at  which
the  concerned  officers  and  all  persons  interested  shall  have  an  opportunity
of  appearing  and  producing  evidence.  The  Collector  may,  while  deciding
such  dispute  or,  otherwise  after  giving  an  opportunity  of  being  heard  to  all
the  concerned  persons  and  officer,  also  correct  any  error  in  the  area  or
assessment  of  a  survey  number  or  sub-division  of  a  survey  number  due  to
mistake  of  survey  or  arithmetical  miscalculation  :

Disputes
regarding
boundaries
between
villages,
survey
numbers and
sub-divisions
of area of any
survey
number or
sub-division.

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.]

136.

(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  boundaries  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 sections
132, 135, 139 and 140.

Demarcation
of boundaries
of survey
number or
sub-division.

1 This section was substituted by Mah. 60 of 2017, s. 2.

H  2069—11

70

Straightening
out crooked
boundaries.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Bom.
LXII of
1947.

I of
1894.

137.

(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 regularies or straighten out the boundaries of
the  filed  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,  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
In  revising  the
village  in  such  manner  as  may  be  prescribed  by  rules.
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.

(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  persons  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.

* Short title of the Act has been amended as the Maharashtra Prevention of Fragmentation
and Consolidation of Holdings Act, by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 29, w.e.f. 1st
May 1960.

71

Effect of
settlement of
boundary.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

138.

(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 land holder who is wrongfully in possession of
any  land  which  has  been  adjudged  in  the  settlement  of  a  boundary  not  to
appertain  to  his  holding  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-sections  (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
land 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.

(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.

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

(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-divisions  ;  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 the 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.

H  2069—11a

72

Reponsibility
for mainte-
nance of
boundary
marks and
survey marks.

Collector to
have charge of
boundary
marks and
survey marks
after introduc-
tion of survey.

Demarcation
and mainte-
nance of
boundary
marks
between
holding and
village road.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

140. 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. 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.

(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  recorded  in  the  record  of
rights or  village maps.

Right of way
over bound-
aries.

143.

(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  fields.

(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  decision  shall  not  be  subject  to  appeal  or
revision.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

144. 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,  reconstituted  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.

73

Demarcation
of boundaries
in areas under
town planning
scheme or
inprovement
scheme, or
consolidation
scheme.

145. 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.

Penalty for
injuring
boundary
marks.

146. 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.

Power to
exempt from
operation of
this Chapter.

––––––––––

CHAPTER  X
LAND RECORDS
A––Record  of  Rights

147. 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.

Exemption
from provi-
sions of this
Chapter.

148. A  record  of  rights  shall  be  maintained  in  every  village  and  such

record  shall  include  the  following  particulars  :––

Record of
Rights.

(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 relevant tenancy law ;

(c) the nature and extent of the respective interests of such person 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.

1[148A. 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. Any  person  acquiring  by  succession,  survivorship,  inheritance,
partition, purchase, mortgage, gift, lease or otherwise, any rights as holder,
occupant,  owner,  mortgagee,  landlord,  Government  lessee  or  tenant  of  the

Maintaince of
record of
rights etc., by
using suitable
storage device.
Acquisition of
rights to be
reported.

1 Section 148A was inserted by Mah. 43 of 2005, s. 3.

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[1966: Mah. XLI

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  acknowledgemet  of  the  receipt  of  such
report to the person making it :

Provided that, where the person acquiring the right is 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.

(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.

1[Provided  that,  where  the  record  of  rights  are  maintained  under  section
148A  by  using  the  storage  device,  as  soon  as  the Tahsildar  in  the Taluka
receives an intimation under section 154, the Talathi in the Tahsildar office
shall send it 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  and  also  to  the  concerned
Talathi  of  the  village,  by  short  message  service  or  electronic  mail  or  any
such  device  as  may  be  prescribed;  and  upon  receipt  of  such  intimation,  the
Talathi  of  the  village  shall  immediately  make  an  entry  in  the  register  of
mutations :

Provided  further  that,  no  such  intimation  as  provided  under  the  first
proviso shall be required to be sent by the Talathi in the Tahsildar office of
the  persons  who  have  executed  to  document  in  person  before  the  officer
registering  the  document  under  the  Indian  Registration  Act,  1908.]

1 These provisions were added by Mah. 30 of 2014, s. 2.

XIV of
1908.

Register of
mutations
and register of
disputed
cases.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

75

(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  :

1[Provided  that,  entries  in  respect  of  which  there  is  no  dispute  may  be

tested  and  certified  by  a  Circle  Inspector  :]

2[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.

3[(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.

(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  posession 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 a
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.

1 This proviso was inserted by Mah. 8 of 1969, s. 5(a).
2 These words were substituted for the words “Provided that” by Mah. 8 of 1969, s. 5(b).
3 This sub-section was added by Mah. 43 of 2005, s. 4.

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

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Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(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
1[The fees so charged may, subject to the orders
and maintaining the booklet.
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.

2[(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.]

Fine for
neglect to
afford infor-
mation.

152. 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  with  a  fine  not  exceeding  five  rupees,  which
shall be leviable as an arrear of land revenue.

Requisition of
assistance in
preparation of
maps.

153. Subject to rules made in this behalf by the State Goverment—

(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  and  all  contingent  expenses,
including the cost of clerical labour and supervision, on the lands to which
such maps or plans relate and such costs shall be recoverable as a revenue
demand.

Intimation of
transfers by
registering
officers.

154. When  any  document  purporting  to  create,  assign  or  extingush  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,  the  officer  registrering  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.

XVI of
1908.

Correction of
clerical errors.

155. 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 :

1 These words were added by Mah. 18 of 1976, s. 2(a).
2 This sub-section was added by Mah. 18 of 1976, s. 2(b).

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Maharashtra  Land  Revenue  Code,  1966

77

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

156.

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.

Land records.

157. 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  is proved  or a
new  entry  is  lawfully  substituted  therefor.

158. 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. 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),  shall  be  deemed  to  be  the  record  of  rights  prepared
under  this  Chapter.

M.P. II
of 1955.

B—Rights  in  unoccupied  land

Presumption
of correctness
of entries in
record of
rights and
register of
mutations.

Bar of suits.
1 [* * *]

Record of
rights at
commence-
ment of Code.

160. The  Provisions  of  sections  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.

Application of
provisions of
sections 161
to 167.

161.

(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.

Nistar Patrak.

(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. 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;

H  2069—12

1 The words and figures “ and exclusion of Chapter XIII” were deleted by Mah. 30 of 1968, s. 4.

Matters to be
provided for in
Nistar Patrak.

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[1966: Mah. XLI

(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.

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—

Provision in
Nistar Patrak
for certain
matters.

(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.

Right in waste
land of
another
village.

164.

(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 of grazing cattle, as the
case may be, in the neighbouring village to the extent specified in the order.

(2) The  residents  of  a  village  having  a  right  of  grazing  cattle  in  the
neighbouring 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 exercise 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) lie 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  other  Collector  concerned.

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165.

(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.

(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

Regulation of
fishing 1 [***]
etc.

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.

(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.

Punishment
for contraven-
tion of
provisions.

H  2069—12a

1 The word “ hunting ” was deleted by Mah. 30 of 1968, s. 5.

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[1966: Mah. XLI

CHAPTER  XI

REALISATION OF LAND REVENUE AND OTHER REVENUE DEMANDS

Liability for
land revenue.

168.

(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  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.

Claims  of
State Govern-
ment to have
precedence
over all
others.

169.

(1) The  arrears  of  land  revenue  due  on  account  of  land  shall  be  a
paramount  charge  on  the  land  and  on  every  part  thereof  and  shall  have
precedence  over  any  other  debt,  demand  or  claim  whatsoever,  whether  in
respect of mortagage, judgment-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.

Dates on
which land
revenue falls
due and is
payable.

170.

(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 dates”) 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.

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81

(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.

(1) If  owing  to  disputes  amongst  the  shareres,  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.

Temporary
attachment
and manage-
ment of
village or
share of
village.

(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. The temporary attachment and managment 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 upto 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. Any land revenue due and not paid on or before the prescribed dates
becomes  therefrom  an  arrear,  and  the  persons  responsible  for  it  under  the
provisions  of  section  168  or  otherwise  become  defaulters.

Temporary
attachment
and manage-
ment of
village or
share of
village to be
vacated
(withdrawn)
on security
being fur-
nished.

‘Arrear’,
‘defaulter’.

174.

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 wilful defaulter impose a pentalty not exceeding 1[twenty-five per cent. of
the amount not so paid or such amount as may be prescribed, whichever is
higher]  :

Penalty for
default of
payment of
land revenue.

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.

(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.

Certified
accounts to be
evidence as to
arrears.

(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

1   These words were substituted for the words “twenty-five per cent. of the amount not so paid”

by Mah. 21 of 2017, s. 15.

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[1966: Mah. XLI

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  by  proceeded  upon  as  if  certified  by  the  Collector  of  a  district  under
this  Code.

Process of
recovery of
arrears.

176. An arrear of land revenue may be  recovered by any 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  defaulter’s  movable  property  under

section 180 ;

(d) by attachment and sale of the defaulter’s immovable property under

section 181 ;

(e) by  attachment  of  the  defaulter’s  immovbale  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
of  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. The  said  processes  may  be  employed  for  the  recovery  of  arrears  of

former years as well as of the current year.

178.

(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.

Revenue
demands of
former years
how recover-
able.

When notice
of demand
may issue.

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83

179. 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  section  72  or  73  and  credit  the
proceeds, if  any, to the defaulter’s  accounts :

Occcupancy
or alienated
holding for
which arrear
is due may be
forfeited.

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.

(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.

Distraint and
sale of
defaulter’s
movable
property.

181. The  Collector  may  also  cause  the  right,  title  and  interest  of  the
defaulter 1[(not  being  a  person  belonging  to  a  Scheduled  Tribes)]  in  any
immovable  property  other  than  the  land  on  which  the  arrear  is  due  to  be
attached  and  sold.

Sale of
defaulter’s
immovable
property.

182.

(1) If  the  Collector  deems  it  inexpedient  to  adopt  any  of  the  pro-
cesses specified in the foregoing provisions for recovery of arrears, 2[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 prop-
erty of a defaulter to be attached and taken under the management of him-
self or any agent whom he may appoint for that purpose.

Power to
attach
defaulter’s
immovable
property and
take it under
management.

(2) The  Collector  or  the  agent  so  appointed  shall  be  entitled  to  manage
the  lands  attached  and  to  receive  all  rents  and  profits  accruing  therefrom
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 is 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.

(5) 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

1 These brackets and words were inserted by Mah. 35 of 1974, s. 4.
2 These words were substituted for the words “ he may ” by Mah. 35 of 1974, s. 5.

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[1966: Mah. XLI

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  therefrom  the  sum  due  to  the  State  Government
and expenses of the sale:

1[Provided  that,  before  right,  title  and  interest  of  the  defaulter  in  such
land is put to sale by the Collector under sub-section (5), the Collector shall,
by notice to the defaulter or his legal heir, ascertain his willingness to have
the land restored back to him; and if the defaulter or his legal heir gives his
willingness  to  have  such  land  restored  back  and  pays,  within  such  period,
which shall not be less than ninety days, as may be specified by the Collector
in  the  notice  issued  in  this  behalf,  the  following  amounts,  thereupon  the
said land shall be released from the attachment and restored to the defaulter
or his legal heir, namely :—

(i) outstanding dues, payable to the Government on account of arrears
of  land  revenue  and  interest  leviable  thereupon,  as  per  the  prevailing
orders  of  the  Government  ;

(ii) where  such  defaulter  is  in  unauthorized  possession  of  such  land
even  after  the  said  land  has  been  attached  by  the  Collector,  an  annual
lease  rent,  not  exceeding  one  per  cent.  of  the  market  value  of  the  such
land, as may be prescribed, for the period during which such defaulter is
in  unauthorized  possession  of  such  land  and  different  annual  lease  rents
may  be  prescribed  for  land  in  different  areas  and  for  different  uses  of
land; and

(iii) a penal amount, not exceeding fifty per cent. of the market value of
such land for the current year, as may be prescribed, and different penal
amounts  may  be  prescribed  for  land  in  different  areas  and  for  different
uses of land.
Explanation.—For  the  purpose  of  this  sub-section,  “the  market  value  of
the land” means the value of such land specified in the Annual Statement of
Rates published under the provisions of the Bombay Stamp (Determination
of  True  Market  Value  of  Property)  Rules,  1995  or  any  other  rules  for  the
time  being  in  force,  in  this  regard  for  the  relevant  year,  and  where  such
Annual Statement of Rates is not prepared or available, it means the value
of such land as determined  by the Assistant Director of the Town Planning
Department  of  the  concerned  District.].

183.

(1) At  any  time  after  any  arrear  becomes  due,  the  defaulter  (not
being an argiculturist 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  wilful
and  the  defaulter  is  given  an  oportunity  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

1 This proviso was added by Mah. 27 of 2016, s. 2.

Arrest and
detention of
defaulter.

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85

of  a  Civil  Court  or  a  debt  equal  in  amount  to  the  arrear  of  revenue  due  by
such  defaulter.

184. 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.

Power to
arrest by
whom to be
exercised.

185.

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. 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 therefrom 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.

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 lands 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.

Power to
attach
defaulter’s
village and
take it under
management.

Lands of such
village to
revert free of
encum-
brances.

Revenue
management
of villages or
estates  not
belonging to
Government
that may be
temporarity
under
management
of State
Government.

188. 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.

Application of
surplus
profits.

189.

(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 purposes  at  any  time within  twelve  years  from the  commencement
of the agricultural year next after the attachment,––

Restoration
of village so
attached.

(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.

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Village, etc. to
vest in State
Government if
not redeemed
within twelve
years.

(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.

If no application be made for the restoration of a village or portion
of  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
holder or any of the sharers or any of his or their predecessors-in-title, or in
any  wise  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.

But all
processes to
be stayed on
security being
given.

191.

(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 charge of such jail, security in the form of Schedule B satisfactory
to  the  Collector  or  to  such  other  person  or  officer.

Procedure in
effecting
sales.

(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.

(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.

Notification of
sales.

193.

(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.

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87

(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.

(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.

Sale by whom
to be made ;
time of sale,
etc.

195. The sale may from time to time 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.

Postpone-
ment of sale.

196. 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 time be
made  by  the  Collector  either  generally  or  especially  in  that  behalf.

197.

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  furnishes  security  under  section
191, the sale shall be stayed.

Sale of
perishable
articles.

When sale
may be
stayed.

198. 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. 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  dafault  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 1[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.

(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
1 This portion was substituted for the words and figures “and the sale shall after seven days
from the date of sale, become absolute as against all persons whomsoever unless it is set
aside under, section 206 ” by Mah. 8 of 1959, s. 6

Sales of
movable
property
when liable to
confirmation.

Mode of
payment for
movable
property when
sale is
concluded at
once.

Mode of
payment
when sale is
subject to
confirmation.

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[1966: Mah. XLI

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  1[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.]

Deposit by
purchaser in
case of sale of
immovable
property.
Purchase
money when
to be paid.

201.

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. 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.

Effect of
default.

203.

In default of payment within the prescribed period of the full amount
of purchase-money, whether of moveable or imoveable property, the deposit
after  defraying  thereout  the  expenses  of  the  sale,  shall  be  forefeited  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.

Liability of
purchaser for
loss by resale.

204.

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.

Notification
before resale.

205. 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.

Setting aside
sales of
moveables.

206. Sales of moveables, 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.

Application to
set aside sale
of immov-
ables.

207.

(1) At  any  time  within  thirty  days  from  the  date  of  sale  of
immoveable  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 :

2[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.

Order confirm-
ing or setting
aside sale.

208. On the expiration of thirty days 3[or, as the case may be, one hundred
and  eighty  days]  from  the  date  of  the  sale,  if  no  such  application  as  is

1 These words and figures were added by Mah. 30 of 1968, s. 7.
2 This proviso was added by Mah. 35 of 1974, s. 6.
3 These words were inserted by Mah. 35 of 1974, s. 7.

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Maharashtra  Land  Revenue  Code,  1966

89

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 ground other
than those alleged in any application which has been rejected, he may, after
recording  his  reasons  in writing,  set  aside  the  sale.

209. 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 order on such application as he
deems  fit.

Purchaser
may apply to
set aside sale
under certain
circumstances.

210.

(1) Where immoveable 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

Application to
set aside sale
by person
owning to
holding
interest in
property.

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 :

1[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 2[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. 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.

Refund of
deposit or
purchase
money when
sale set aside.

212. After a sale of any occupancy or alienated 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.

On confirma-
tion of sale,
purchaser to
be put in
possession.
Certificate of
purchase.

213. 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.

Bar of suit
against
certified
purchaser.

1 This proviso was added by Mah. 35 of 1974, s. 8 (1).
2 These words were inserted by Mah. 35 of 1974, s. 8 (2).

90

Application of
proceeds of
sale.

Surplus not to
be paid to
creditors
except under
order of court.

Certified
purchaser
liable only for
land revenue
subsequently
due.

Purchaser’s
title.

Claims  to
attached
property how
to be disposed
of.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

214.

(1) When  any  sale  of  moveable  property  under  this  Chapter  has
become  absolute,  and  when  any  sale  of  immoveable  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. 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. 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 of the land for any period previous to the date of the
sale.

217. Where  immoveable  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.

(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.

Bar of revenue
officer to bid
etc. at sale.

219. Except as 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.

Purchase on
nominal bid.

220. 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  ;

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91

(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.

(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;

Sum recover-
able under
provisions of
this Chapter.

(b) all moneys due by any contractor for the farm 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  of  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. 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, be applicable to such person.

223. 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  whereunder  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.

Recovery of
free grants as
arrear of
revenue in
case of
misuse.

Recovery of
monies from
survey.

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[1966: Mah. XLI

CHAPTER  XII.

PROCEDURE OF REVENUE OFFICERS.

Subordination
of revenue
officers.

224.

In all offical act 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.

Power to
transfer
cases.

225. 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 the same district or any other district.

Power to
transfer cases
to and from
subordinates.

Power to
summon
persons to
give evidence
and produce
documents.

226.

(1) A Commissioner,  a  Collector,  a  Sub-Divisional  Officer  or  a
Tahsildar  may  make  over  any  case  or  class  of  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.

(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.

V of
1908.

Summons to
be in writing,
signed and
sealed ;
service of
summons.

(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.

(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).

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229.

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,––

Compelling
attendence of
witness.

Mode of
serving notice.

Procedure for
producing
attendance of
witnesses.

Hearing in
absence of
party.

(a) issues a bailable warrant of arrest ;

(b) order  him  to  furnish  security  for  appearance  ;  or

(c) impose upon him a fine not exceeding 1[fifty rupees or such amount

as  may  be prescribed,  whichever  is  higher.]

230.

(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.

In any formal or summary inquiry if any party desires the attendance
of  witnesses  he  shall  follow  the  procedure  prescribed  by  the  Code  of  Civil
Procedure,  1908,  for  parties  applying  for  summons  for  witnesses.

V of
1908.

232.

(1) If on the date fixed for hearing a case or proceeding, a revenue
officer or servey 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  dimissed  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
necessay  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.

(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.

Adjournment
of hearing.

(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.

1 These words were substituted for the words “fifty rupees” by Mah. 21 of 2017, s. 16.

H  2069—14

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Mode of
taking
evidence in
formal
inquiries.

234.

(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 cases in which the evidence is not taken down in full in writing 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.

Writing and
explanation of
decisions.

235. Every  decision,  after  a  formal  inquiry,  shall  be  in  writting  signed
by  the  officer  passing  the  same,  and  shall  contain  a  full  statement  of  the
grounds on which it is passed.

Summary
inquiries how
to be con-
ducted.

236.

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.

Formal and
summary
inquiries to be
deemed
judicial
proceedings.

237.

(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,  and  the  office  of  any  authority  holding  a  formal  or
summary  inquiry  shall  be  deemed  a  civil  court  for  the  purposes  of  such
inquiry.

XLV of
1860.

Ordinary
inquiries how
to be con-
ducted.

(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. 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.

Copies and
translations,
etc. how to be
obtained.

239.

In  all  cases  in  which  a  formal  or  summary  inquiry  is  made,
authenticated  copies  and  translations  of  decisions,  orders,  and  the  reasons
therefor,  and  of  exhibits,  shall  be  furnished  to  the  parties,  and  original
documents  used  as  evidence  shall  be  restored  to  the  persons  who  produced

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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. 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.

Arrest of
defaulter to
be made upon
warrant.

Power to enter
upon and
survey land.

Collector how
to proceed in
order to evict
any person
wrongfully in
possession of
land.

241. 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 performance 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. 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. 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 :

Power to give
and apportion
costs.

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. Save  as  otherwise  provided  in  any  other  enactment  for  the  time
being  in  force,  all  appearances  before,  applications  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  :

H  2069—14a

Persons by
whom appear-
ances and
applications
may be made
before and to
revenue or
survey officer.

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[1966: Mah. XLI

Provided that, subject to the provisions of sections 132 and 133 of the Code
of Civil Procedure, 1908, any such appearance shall, if the revenue or survey
officer so directs, be made by the party in person.

V of
1908.

Saving.

1[245. Nothing  contained  in  this  Chapter  shall  apply  to  any  proceeding

before  the  Maharashtra  Revenue  Tribunal  under  Chapter  XV.]

–––––––––

CHAPTER  XIII

APPEALS, REVISION AND REVIEW.

Application of
this Chapter.

Pending
applications
for conferral of
Occupants—
Class  I
Rights.

2[246. The  provisions  of  this  Chapter  shall  not  apply  to  proceedings

before  the  Maharashtra  Revenue  Tribunal  under  Chapter  XV.]

3[246A. Any  application  by  a  person  pending  before  any  revenue  officer
or,  before  the  State  Government,  whether  in  appeal,  revision  or  otherwise,
on the 21st April 2018, being the date of commencement of the Maharashtra
Land  Revenue  Code  (Amendment)  and  the  Maharashtra  Land  Revenue
(Inclusion of certain Bhumidharis in Occupants—Class I Permission) Rules
(Repeal)  Act,  2018,  for  permission  to  hold  the  land  as  Occupants—Class  I,
shall, with effect from the date of commencement of the said Act be treated
as  closed.

Mah.
XLIV of
2018.

Appeal and
appellate
authorities.

Appeal when
to lie to State
Government.

Explanation.—For the purposes of this section, the expression “land” shall
mean  the  land  in  any  local  area  in  Vidarbha,  held  in  Bhumiswami  rights
with  restrictions  on  right  to  transfer,  or  in Bhumidhari rights  in  any  local
area in Vidarbha.]

247.

(1) In  the  absence of  any  express  provisions  of  the 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. 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  Record,  or  by a  Deputy  Director  of Land  Records  invested
with  power  of  Director  of  Land  Record 4 *
*  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.

*

Appeal  against
review or
revision.

249.

(1) An order passed in review varying or reversing any order shall

be appealable in the like manner as an original decision or order.

1 Section 245 was inserted by Mah. 23 of 2007, s. 4.
2 Section 246 was inserted by Mah. 23 of 2007, s. 5.
3 Section 246A was inserted by Mah. 44 of 2018, s. 3.
4 The words “or by the Collector of Bombay or by an Assistant or Deputy Collector subordinate
to him invested with the appellate power of the Collector ” were deleted by Mah. 47 of 1981,
s. 8.

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97

(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. 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.

Periods within
which appeals
must be
brought.

In computing the above periods, the time required to obtain a copy of the

decision  or  order  appealed  against  shall  be  excluded.

251. Any appeal or an application for review under this Chapter may be
admitted after the period of limitation perscribed 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.

Admission of
appeal after
period of
limitation.

252. 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. 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. 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.

Appeal  shall
not be against
certain orders.

Provision
where last day
for appeal
falls on
Sunday or
holiday.

Copy of order
to accompany
petition of
appeal.

255.

(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 :

Power of
appellate
authority.

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.

1[(4) Any appeal filed before any revenue or survey officer shall be disposed

of within a period of one year from the date on which such appeal is filed:

Mah. XI
of 2016.

Provided  that,  any  such  appeal  filed  before  the  date  of  commencement  of
the Maharashtra Land Revenue Code (Amendment) Act, 2016 shall be disposed
of within a period of one year from the date of such commencement :

Provided  further  that,  in  exceptional  circumstances,  for  reasons  to  be
recorded in writing, the period for disposing of any appeal may be extended

1 These sub-sections were inserted by Mah. 11 of 2016, s. 2.

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[1966: Mah. XLI

further  by  six  months  by  the  State  Government  or  an  officer  not  below  the
rank  of  Collector  designated  in  this  behalf  who  is  superior  to  the  appellate
authority.

1[Provided also that, where the appellate authority fails to dispose of any
such  proceeding  within  the  period  specified  in  this  sub-section,  the  State
Government  alone  shall  be  competent  to  grant  such  further  extension  of
time for disposing of any such proceeding as it may deem fit, after recording
reasons  therefor  in  writing.]

(5) If  the  appellate  authority  fails  without  sufficient  cause,  to  dispose  of
any  appeal  within  the  period  specified  in  sub-section  (4),  he  shall  be  liable
for  disciplinary  action  in  accordance  with  the  concerned  disciplinary  rules
applicable  to  him.]

Stay of
execution of
orders.

256.

(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 :

2[Provided that, where an order against which appeal is preferred involves
payment of any amount to the Government, the execution of such order shall
not  be  stayed  unless  the  appellant  deposits  twenty-five  per  cent.  of  such
amount  payable  to  the  Government  under  the  order  impungned:

Provided  further  that,  in  exceptional  cases,  the  appellate  authority  may,
after recording the reasons in writing therefor, suitably reduce such amount
of  deposit  :

Provided also that, the amount to be deposited by the appellant as specified
above shall be adjusted against the amount found payable to the Government
under the final orders passed in appeal and in case the amount finally found
payable  to  the  Government  is  less  than  the  amount  deposited  by  the
appellant,  the  excess  amount  shall  be  refunded  to  the  Appellant  without
any  interest.]

(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:

3[Provided that, where an order against  which application for revision or
review is filed involves payment of any amount to the Government, execution
of  such  order  shall  not  be  stayed  unless  the  applicant  deposits  twenty  five
per  cent.  of  such  amount  payable  to  the  Government  under  the  order
impugned  :

Provided  further  that,  in  exceptional  cases,  the  authority  exercising  the
powers  of  revision  or  review  may,  after  recording  the  reasons  in  writing
therefor,  suitably  reduce  such  amount  of  deposit  :

Provided  also  that,  the  amount  deposited  by  the  applicant  as  aforesaid
shall be adjusted against the amount found payable to the Government under
the  final  orders  passed  in  revision  or  review  proceedings  and  in  case  the
amount  finally  found  payable  to  the  Government  is  less  than  the  amount
deposited  by  the  applicant,  the  excess  amount  shall  be  refunded  to  the
applicant  without  any  interest  :

1 This proviso was inserted by Mah. 6 of 2018, s. 2.
2 These provisos were added by Mah. 27 of 2016, s. 3(a).
3 These provisos were added, by Mah. 27 of 2016, s. 3(b).

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99

Power of
State Govern-
ment and of
certain
revenue and
survey officers
to call for and
examine
records and
proceedings of
subordinate
officers.

Provided  also  that,  the  provisions  contained  in  the  above  provisos  shall
not  be  applicable  in  case  the  authority  exercises  the  powers  of  revision  or
review of any order suo motu.]

(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.

(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:

1[Provided that, no such proceedings under this sub-section or sub-section
(2) shall be initiated by any revenue or survey officer after expiry of a period
of  five  years  from  the  date  of  decision  or  order  of  the  sub-ordinate  officer
2[except  with  the  previous  permission  of  the  State  Government].]

(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
sub-ordinate 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 to 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 :

3[Provided  that,  any  proceeding  brought  before  any  revenue  or  survey
officer  shall  be  disposed  of  within  a  period  of  one  year  from  the  date  on
which  such  proceeding  is  filed  :

Provided  further  that,  any  proceeding  pending  under  this  section,  before
any  revenue  or  survey  officer  on  the  date  of  commencement  of  the
Maharashtra Land Revenue Code (Amendment) Act, 2016, shall be disposed
of within a period of one year from the date of such commencement :

Mah. XI
of 2016.

4[Provided also that, where the revisional authority fails to dispose of any
such  proceeding  within  the  period  specified  in  this  sub-section,  the  State
Government  alone  shall  be  competent  to  grant  such  further  extension  of
time for disposing of any such proceeding as it may deem fit, after recording
reasons  therefor  in  writing.].

Provided also that, in exceptional circumstances, for reasons to be recorded
in writing, the period for disposing of any such proceeding may be extented
further  by  six  months  by  the  State  Government  or  an  officer  not  below  the
rank of Collector designated in this behalf who is superior to the revisional
authority  :

1 This proviso was added by Mah. 11 of 2016, s. 3(a).
2 These words were added by Mah. 6 of 2018, s.3 (a).
3 These provisos were inserted by Mah. 11 of 2016, s.3 (b) (i).
4 This proviso was added by Mah. 6 of 2018, s.3 (b).

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[1966: Mah. XLI

Provided also that, if the revisional authority fails to dispose of any such
proceedings within the period specified in sub-section (3), without sufficient
cause,  then  he shall  be  liable  for  disciplinary  action in  accordance  with  the
concerned  disciplinary  rules  applicable  to  him  :]

1[Provided also that], the State Government or such officer shall not vary
or reverse any order affecting any question of right between private persons
without  having  given to  the  parties  interested  notice  to  appear  and  to  be
heard in support of such order :

2[Provided  also  that],  an  Assistant  or  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  pass
such order thereon as he may deem fit.

3[(4) Revision of an order issued under sub-section (1) or (2) by any officer
referred  to  therein  shall  not  be  permissible;  but  it  shall  be  lawful  for  the
State  Government  alone  to  modify,  annul  or  reverse  any  such  order  issued
under sub-section (1) or (2).]

Review of
orders.

258.

(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 of 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.
1 These words were substituted for the words “Provided that” by Mah. 11 of 2016, s. 3(b)(ii).
2 These words were substituted for the words “Provided further that” by Mah. 11 of  2016, s. 3(b)(iii).
3 This sub-section was added by Mah. 11 of 2016, s. 3(c).

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Maharashtra  Land  Revenue  Code,  1966

101

259. 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 it  shall  be  lawful  to the  State  Government
alone  to  modify,  annul  or  reverse  any  such  decision  or  order  under  the
provisions  of  section  257.

Rules as to
decisions or
orders
expressly
made final.

CHAPTER  XIV

SPECIAL PROVISIONS FOR LAND REVENUE IN THE CITY OF BOMBAY.

260. The  provisions of  this  Chapter  extent to  the  City  of Bombay  only.

261.

In  this  Chapter,  unless  the  context  requires  otherwise,—

Extent of this
Chapter.
Interpretation.

Mah.
XLVI of
1969.

1[(1a)  “City  Tenures  Abolition  Act”  means  the  Bombay  City  (Inami  and
Special  Tenures)  Abolition  and  Maharashtra  Land  Revenue  Code
(Amendment) Act, 1969;]

(a) “holder” in relation to any land means the occupier of such land, or
where  rent  is  paid  for  such  land,  any  person  in  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 is paid by a person holding such land on a tenancy for a
term of less than one year ;

1[(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  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  ;

1[(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

2[262.

(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-section (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.]

1 Clauses (1a) and (aa) were inserted and clause (e) was added by Mah. 44 of 1969, s. 20,

Second Sch.

2 Section 262 was substituted by Mah. 44 of 1969, s. 20, Second Sch.

H  2069—15

Power of
collector to fix
and to levy
assessment
for land
revenue.

102

Rate of
assessment
not to exceed
percentage of
market value.

Standard rate
of  assessment.

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

1[262A. 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 unbuilt
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.

(1) Subject  to  the  provisions  of  section  262A,  the  Collector  shall,
with  the  approval  of  the  State  Government  fix  the  rate  of  assesssment  per
square  metre  of  land  in  each  revenue  division  (to  be  called  ‘the  standard
rate  of  assessment’)  which  shall  be  a  sum  equal  to  such  precentage  of  the
average of the market value of the unbuilt 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,  in  the  revenue  division  during  the  period  of  fifteen  years
aforesaid  ;

1 of
1894.

(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 metre and the area of the
plot  in  square  metre  rounded  off  in  the  prescribed  manner  (hereinafter
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 2[appeal to the Commissioner :]

*

3[ *
(5) The  State  Government  may  make  rules  under  section  306  for  the
institution and  disposal  of  such  appeal  (including  provisions  for  period  of
limitation  and hearing).

*]

*

*

Publication of
standard
rates of
assessment.

262C. 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.

1 Sections 262A to 262E were inserted by Mah. 44 of 1969, s. 20, Second Sch.
2 These words were subsituted for the words “appeal to the State Government” by Mah. 47 of

1981, s. 9(a).

3 Proviso was deleted by Mah. 47 of 1981, s. 9(b).
* Section 13 of Mah. 47 of 1981 reads as under :—

“13. The amendments made by this Act in the principal Act shall not have any affect in
respect of and apply to any appeals or other proceedings, pertaining to the City of Bombay
on the Bombay Suburban District, filed and pending before the State Government or the
Commissioner for the Konkan Division on the date of commencement of this Act, and such
appeals and proceedings shall be continued and disposed of by the State Government or by
the said Commissioner, or by the officers authorised by them in this behalf, as the case
may be, as if this Act had not been enacted.”.

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Maharashtra  Land  Revenue  Code,  1966

262D. 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 provisions 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.

103

Standard rate
of  assessment
to be in force
for ten years
until revised.

262E.

(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’).

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.

(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 provisions 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.

Settlement of
assessment
with whom to
be made.

264.

(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.

Liability of
land revenue.

(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.

(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.

Claims  of
State Govern-
ment to have
precedence.

(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.

H  2069—15a

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[1966: Mah. XLI

Power of
Collector to
give directions
regarding
payment of
revenue.

266. Subject to such orders as may be passed by the State Government,
the Collector shall from time to time give orders and make known the same
by notice, to be served on all 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 1[one  rupee  per  annum  or  such
amount as may be prescribed, whichever is higher], it shall be lawful for 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 2[thirty  times  the  assessment  or  such    amount  as  may  be
prescribed,  whichever  is  higher].

Notice of
demand may
be served
after arrears
due.

267.

(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 3[or of such higher
amount as may be prescribed, whichever is higher]:

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.

Sales how to
be conducted.

268. 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, 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  waive  it.

Defaulters
may be
arrested and
confined.

269.

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
1 These words were substituted for the words “one rupee per annum” by Mah. 21 of 2017, s.

17(a).

2 These words were substituted for the words “thirty times the assessment” by Mah. 21 of

2017, s. 17(b).

3 These words were added by Mah. 21 of 2017, s. 18.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

105

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 judgment for debt :

Provided  that,  no  such  apprehension  shall  be  made  unless  the  default  is
wilful  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.

V of
1908.

270.

(1) All  such  property  as  is  by  the  Code  of  Civil  Procedure,  1908,
exempted  from  attachment  and  sale  in  execution  of  a  decree,  shall  also  be
exempt from attachment and sale under section 267.

Exemption
from attach-
ment and
sale.

(2) The Collector’s decision as to what property is so entitled to exemption

shall  be  conclusive.

271. The  decision  of  the  Collector  upon  any  question  arising  out  of  the
provisions  of  sections  262  to  269  shall, 1[subject  to  the  provisions  of  sub-
sections  (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 2[3[the
Commissioner], 4[or as the case may be, the Maharashtra Revenue Tribunal]]
for the purpose of contesting the legality of the Collector’s decision and will
fulfil  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. 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 5[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,
6[the  Commissioner], 7[or  as  the  case  may  be,  the  Maharashtra  Revenue
Tribunal]  that  he  will  pending  the  decision  of  the  said  appeal  neither  quit
the  jurisdiction  nor  remove  nor  transfer  his  property  therein,  without
providing to the satisfaction of the Collector, or 8[of the Commissioner or of
the Maharashtra Revenue Tribunal] for the execution of the order passed in
appeal.

Collector’s
decision to be
acted in the
first instance
but may be
stayed on
security being
furnished

Compulsory
process to
cease on
payment
under protest
and on filing
appeal and
furnishing
security.

1  These  words,  brackets,  figures  and  letter  were  substituted  for  the  words  and  figures
“subject to the provision of section 274” by Mah. 44 of 1969, s. 20, Second Schedule.

2 These words were inserted by Mah. 44 of 1969, s. 20, Second Schedule.
3 These words were substituted for the words “the State Government” by Mah. 47 of 1981, s. 10.
4 These words were inserted by Mah. 23 of 2007, s. 6.
5 These words were substituted for the words “ before the Commissioner ” by Mah. 23 of 2007, s. 7 (a).
6 The words “the Commissioner” were substituted for the words “the State Government” by

Mah. 47 of 1981, s. 11.

7 These words were inserted by Mah. 23 of 2007, s. 7(b).
8 These words were substituted for the words “ of the Commissioner” by Mah. 23 of 2007, s. 7(c).

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[1966: Mah. XLI

Fees in
respect of
warrant for
attachment
and sale of
defaulters’
property.
Additional
fee.

273. Fees  shall  be  payable  according  to  the  table  in  Schedule  G 1[or
according to such higher amount as may be prescribed, whichever is higher]
on all warrants 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 2[twenty-five
paise or  such amount  as may be  prescribed, whichever  is higher,]  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.

Appeals
before
5[Maharashtra
Revenue
Tribunal].

Court-fees.

Power of State
Government
to make
grants of
lands free of
revenue.

Bombay City
survey
recognised.

State Govern-
ment may
order survey
and appoint
Superinten-
dent.

274.

3[Except as provided in sub-sections (4) and (5) of section 262B, an
appeal] shall lie against any decision or order passed by the Collector or any
of his assistants or other subordinates exercising the powers of the Collector
under  this  Chapter  to 4[the  Maharashtra  Revenue  Tribunal].

275. Notwithstanding anything contained in the *Bombay Court-fees Act,
1959, and in section 324 of the Code, every appeal before 6[the Maharashtra
Revenue  Tribunal]  shall  bear  a  Court-fee  stamp  of  such  value  as  may  be
prescribed  by  rules  under  this  Chapter.

Bom.
XXXVI
of 1959.

276.

It  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. 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.

(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  Superintendent  of  Survey.

(2) The  Assistant  Superintendent  shall  exercise  such  powers  as  may  be

delegated  to  them  by  the  Superintendent.

Collector or
subordinates
may enter upon
lands.

279.

It shall be lawful for the Collector or any of his assistants or other
sub-ordinates duly authorised by writing under his hand in that behalf and
for  the  Superintendent  or  any  other  officer  employed  in  the  survey  after

1 These words were inserted by Mah. 21 of 2017, s. 19(a).
2 These words were substituted for the words “twenty-five paise” by Mah. 21 of 2017, s. 19 (b).
3 These words, brackets, figures and letter were substituted for the words and figures
“

An appeal ” by Mah. 44 of 1969, s. 20, Second Schedule.

4 These words were substituted for the words “ the concerned Divisional Commissioner ” by

Mah. 23 of 2007, s. 8 (a).

5 These words were substituted for the words “ the concerned Divisional Commissioner ” by Mah. 23

of 2007, s. 8 (b).

6 These words were substituted for the words “ the Divisional Commissioner ” by Mah. 23 of 2007,

s. 9.

* The Short title of the Act has been amended as “the Maharashtra Court fees Act” by Mah. 24

of 2012, section 2 and 3, Schedule, entry 77, w.e.f. 1st May 1960.

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107

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. 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  conterminous  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 specifed 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  puposes  of  this  Chapter  and  intimating  that  in  the  event  of  their
failling  to  attend,  he  or  such  officer  will  proceed  with  the  survey  in  their
absence.

281. 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.

(1) The  Superintendent  shall  prepare  a  map  and  a  register  of  all

lands  which  have  been surveyed  under  his  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.

Notice to be
served on
holder to
attend.

After service
of notices
Superintendent
may proceed
with survey.
Survey map
and register.

283. 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 pupose of the survey :

Superinten-
dent may
erect bound-
ary marks.

Provided  that,  no  permanent  boundary  marks  shall  be  erected  when  the

boundary is defined by a permanent building, wall or fence.

284.

(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.

Maintenance
of temporary
boundary
marks.

(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.

(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 rateable value
of such land.

Survey fee
may be
charged.

(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

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All documents
connected
with survey to
be sent to
Collector.

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.

(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.

Maintenance
of survey map
and register.

287.

(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  revisions 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.

Revision of
maps.

288. 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.

Responsibility
for mainte-
nance and
repair of
boundary
marks.

Collector may
require
superior
holders to
renew or
repair survey
marks.
Requisition
how made.

289. Every  superior  holder  of  land  shall  be  responsible  for  the
maitenance  and  good  repair  of  the  survey-boundary  marks  of  his  holding
and for any expenses not exceeding 1[five rupees or such amount as may be
prescribed,  whichever  is  higher,]  for  each  mark,  reasonably  incurred  on
account of the same by the Collector in cases of alteration or removal.

290.

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, as 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.

1 These words were substituted for the words “five rupees” by Mah. 21 of 2017, s. 20.

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Maharashtra  Land  Revenue  Code,  1966

291.

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
designated  by  any  such  mark,  such  sum,  not  exceeding 1[rupees  ten  in  the
whole or such amount as may be prescribed, whichever is higher] as he may
deem  fit.

109

On default,
Collector or
assistants
may enter and
renew or
repair.
Charge for
renewal or
repair.

292. No  person  shall  for  the  purposes  of  survey  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.

Privilege of
title-deeds.

293. 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.

Proceedings
not to be
affected by
informality.

Government  Lands  and  Foreshore

294. 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.

Right of
Government
to lands and
foreshore.

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  to
unoccupied  lands  declared  to  be  the  property  of  the  State  Government  by
any  earlier  law.

295.

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:

Such lands
and foreshore
how disposed
of.

2[Provided  that,  all  leases  granted  by  the  State  Government  or  the
Collector    of  the  land  or  foreshore  vested  in  the  Government  for  whatever
term,  which  were  in  existence  on  or  before  the  date  of  commencement  of
this  Code  or  were  granted  thereafter,  shall  notwithstanding  the  conditions
stipulated in such lease-deeds or lease-agreements or Grant orders executed
by  the  Collector,  be  also  subject  to  the  following  conditions,  namely:—

(i) Leasehold  rights  in  respect  of  the  lands  or  foreshore  vested  in  the
Government  given  on  lease  may  be  further  assigned  or  transferred  only
with  the  prior  permission  of  the  Collector  on  payment  of  such  premium
on account of unearned income and transfer fees or charges, at such rates
as may be specified by the Government by an order, from time to time.

(ii) In  the case  of  any contravention  of the  provisions  of sub-clause  (i),
the  lessee  or  transferor  of  such  leasehold  rights,  shall  be  liable  to  pay
penalty in addition to such premium and transfer fees or charges, at such
rates  as  may  be  specified  by  the  Government  by  an  order,  from  time  to
time.]
1 These words were substituted for the words “rupees ten in the whole” by Mah. 21 of 2017,

s. 21.

2 This proviso was added by Mah. 29 of 2016, s. 2 and deemed to have been added w.e.f. the

date of commencement of the Code.

H  2069—16

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[1966: Mah. XLI

Transfer of  lands, etc.

Notice of
transfer of
title to lands
etc. to be given
to Collector.

296.

(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  excecuted.

(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.

Form of notice.

297.

(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 of the transfer 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. 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 1[ten rupees or such amount
as  may  be  prescribed,  whichever  is  higher,]  in  case  of  holdings  paying  less
than one rupee as land-revenue, and in no other case exceeding rupees 2[one
hundred or such amount as may be prescribed, whichever is higher].

Penalty for
neglect to give
notice.

Person
transferring
title and
omitting to
give notice to
continue liable
for revenue.

299. 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  :

Proceeding in
case of
disputes as to
entry or
transfer.

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.

(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.

1 These words were substituted for the words “ten rupees” by Mah. 21 of 2017, s. 22 (a).
2. These words were substituted for the words “one hundred”  by Mah. 21 of 2017, s. 22 (b).

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111

(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. 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.

Registration
or transfer not
to affect right
of Govern-
ment.

Procedure

V of
1908.

302.

(1) The provisions of the Code of Civil Procedure, 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.

Law applied
to summons,
etc.

(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

VI of
1898.

(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 ; 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.

(1) All  arrears  of  rent  payable  by  any  person  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  on
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.

H  2069—16a

Dues leviable
as revenue
demands.

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[1966: Mah. XLI

(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.

Power to
Collector of
Bombay to
assist  other
Collectors in
realization of
dues.

304.

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.

Collector to
keep registers
and rent rolls.

305.

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 of the tenure on which such land is held.

Rules.

306.

(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  assistants,  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.

Savings.

307.

(1) Anything  done  or  action  taken  under  the  provisions  of  the
Bombay  City  Land  Revenue  Act,  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,  shall  be  deemed  to  have  been  prescribed,
made,  conferred,  issued,  published,  erected  and  prepared  under  this
Chapter.

Bom.
II of
1876.

Bom.
IV of
1915.

(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.

1[CHAPTER  XV

MAHARASHTRA REVENUE TRIBUNAL

Definitions.

308.

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.

Maharashtra
Revenue
Tribunal.

309.

(1) There  shall  be  established  for  the  State  of  Maharashtra,  a

Tribunal, to be called the Maharashtra Revenue Tribunal.

1 Chapter XV was inserted by Mah. 23 of 2007, s. 10.

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113

(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. 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.

President and
members.

311.

(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.

Vacancy and
temporary
absence.

(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  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  a  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-sections.

312. The State Government may, by notification in the Official Gazette,
appoint  a  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.

Registrar and
Deputy
Registrars.

313. The Headquarters of the Tribunal shall be in Brihan Mumbai.

Headquarters.

314. The Tribunal shall ordinarily sit at the headquarters, Aurangabad
1[, 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.

Place of
sitting.

315.

(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  the  Schedule  J,––

Jurisdiction of
Tribunal.

(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

1 This word was inserted by Mah. 10 of 2009, s. 2.

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[1966: Mah. XLI

(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 orders, 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, shall apply to the filing of such appeal or application for revision.

36 of
1963.

Jurisdiction
barred in
certain cases.

316.

(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, or
in a General Clauses Act in force in any part of the State.

X of
1897.

Powers of
Tribunal
under other
laws not
affected.

Tribunal to
have power of
civil court.

317. 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.

(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

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115

2 of
1974.

45 of
1860.

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,  and  its  proceedings  shall  be  deemed  to  be  judicial
proceedings  within  the  meaning  of  sections  193,  219  and  228  of  the  Indian
Penal  Code.

(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.

(1) Subject to the provisions of this Chapter and with 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  sittings  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 thereof, of any proceedings before it notwithstanding that in the course
thereof  there  has  been  a  change  in  the  persons  sitting  as  members  of  the
Tribunal or bench ; and generally for the effective exercise of its powers 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.

(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.

Practice and
procedure.

State Govern-
ment to be
heard in
certain cases.

321.

(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.

No appeal to
State Govern-
ment and
jurisdiction of
court barred.

322.

(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 :

Review of
orders of
Tribunal.

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

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[1966: Mah. XLI

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  ninety  days
from the date of the decision or order of the Tribunal :

Manner of
executing
orders passed
by Tribunal.

Provision for
court-fees.

Provided that, in computing the period of limitation, the provisions of the
Limitation Act, 1963, applicable to applications for review of a judgement or
order of a Civil Court, shall, so far as may be, apply to applications for review
under  this  section.

36 of
1963.

323. 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. Notwithstanding anything contained in the *Bombay Court-fees Act,
1959, but subject to the provisions of section 275, every appeal or application
made  to  the  Tribunal  shall  bear  a  court-fee  stamp  of 1[one  hundred  rupees
or such amount as may be prescribed, whichever is higher] if the value of the
suit property is ten thousand rupees or less and of 2[five hundred rupees or
such amount as may be prescribed, whichever is higher] if such value exceeds
ten  thousand rupees  :

Bom.
XXXVI
of 1959.

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 provisions for levy  of such fee.

Rules.

325.

(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  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.]

3*

*

*

*

*

*

1 These words were substituted for the words “one hundred rupees” by Mah. 21 of 2017, s. 23 (a).
2 These words were substituted for the words “five hundred rupees”, by Mah. 21 of 2017, s. 23

(b).

3 Section 326 was deleted by Mah. 25 of 2002, s. 10.
* The Short title of the Act has been amended as “the Maharashtra Court-fees Act” by Mah. 24

of 2012, sections 2 and 3, Schedule, entry 77, w.e.f. 1st May 1960.

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117

CHAPTER  XVI

MISCELLANEOUS

327. 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.

Maps and
land records
open to
inspection,
etc.

328.

(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.

Rules.

(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  over  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 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 rules subject to which wood may be taken
without payment of any tax ; under sub-section (2) of section 28, the rules
regulating  the  exercise  of  the  privileges  ;

*

1*
(x) under section 31, the rules for the grant of unalienated land including
provision for payment of price, action 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

1 Clause (ix) was deleted by Mah. 44 of 2018, s.4.

H  2069—17

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[1966: Mah. XLI

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  ;

1[(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, alternation or additions ; and the terms and conditions subject
to which such permission may be granted by the Collector ;]

2[(xiv-aa) under  sub-section  (2)  of  section  42,  the  form  in  which  the
person shall give intimation of the date on which the change of use of land
has  commenced  and  furnish  other  information;]

(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  from  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  ;

3[(xvi-a) under  sub-section  (2)  of  section  44A,  the  form  in  which  the
person  using  the  land  for  a bona  fide  industrial  use 4[or  Integrated
Township Project] 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 ;

5[(xix) under  sub-section  (8)  of  section  48,  the  rules  prescribing  the
penalty  to  be  paid  by  the  owner  for  release  of  the  machinery,  equipment
or means of transport used for unauthorised extraction, removal, collection,
replacement,  picking  up  or  disposal  of  minor  minerals;  and  under
sub-section (9) of  the said 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 rule subject to which the land shall be granted

to  the  encroacher  ;

1 Clause (xiv-a) was inserted by Mah. 32 of 1986, s. 4.
2 This clause was inserted by Mah. 19 of 2012, s. 3.
3 Clause (xvi-a) was inserted by Mah. 26 of 1994, s. 4.
4 These words were substituted by Mah. 19 of 2015, s. 3.
5 This clause was substituted by Mah. 27 of 2015, s. 3.

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119

(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-sections (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  records  of
the area and assessment of survey numbers and sub-divisions thereof shall
be maintained ;

(xxx) under section 85, the rules in accordance with which the Collector
may  divide  the  holding  and  apportion  assessment  thereof
1*

*  ;

*

*

(xxxi) under sub-section  (1) of  section 87,  the rules  in accordance  with
which the division of survey number 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 2[the Tribunal] ; and the rules for the
refund of the costs ;

1 These words “ and the limit of area of land revenue below which partition may be rejected ”

were deleted by Mah. 4 of 1970, s. 6.

2 These words were substituted for the words “ the Divisional Commissioner ” by Mah. 23 of

H  2069—17a

2007, s. 11.

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[1966: Mah. XLI

(xxxvii) under  section 102,  the  manner  of giving  notice  ;

1[(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  section  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 charge 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 acknoledgement 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  ;

1 This clause was inserted by Mah. 35 of 1976, s. 4.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

121

(l) under  sub-section  (4),  other  matters which  the 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  therefor  ;

(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 instalments and prescribing the dates on which
the persons to whom, and the places where at, such instalments 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 matter for which rules may be made under this Code.

329.

(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 1[one  thousand  rupees
or such amount as may be prescribed, whichever is higher,] as the Collector
may, after giving such person an opportunity to be heard, deem fit to impose.

Provisions for
previous
publication of,
and penalty
for breach of
rules.

330. 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

Laying of
rules before
Legislature.

1 These words were substituted for the words “one thousand rupees” by Mah. 21 of 2017, s. 24.

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[1966: Mah. XLI

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.

Delegation of
powers and
duties.

1[330A. 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.]

Certain
provisions to
apply to
alienated
villages.

331.

(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 share 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 of the levy of a cess under sections 144, 151 and 152 of

the Maharashtra Zilla Parishads and 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  heretobefore  introduced  in  alienated  villages
shall be valid as if they had been introduced in accordance with the provisions
of  this  section.

1 Section 330A was inserted by Mah. 4 of 1970, s. 7.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

123

332. 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 provisions 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. 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.

Holders of
land in
alienated
villages.

Construction
of the Code.

334. The  enactments  specified  in  Schedule  K  are  hereby  amended  in

the manner  and to the extent  specified in the fourth  column thereof.

Amendment of
enactments.

335.

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  :

Power to
remove
difficulty.

Provided that, no order shall be made under this section after the expiry

of one  year from the  commencement of  this Code.

336. On  the  commencement  of  this  Code,  the  following  laws,  that  is  to

say––

Repeal and
savings.

Bom. II
of  1876.
Bom. V
of 1879.

Bom. IV
of 1915.
Bom.
XXXI of
1958.

C. P.  II
of 1916.

M. P.  II
of 1955.

Hyd.
VIII of
1317-F.

Hyd.
LVIII of
1358-F.

(a) the Bombay City Land Revenue Act, 1876 ;

(b) the Bombay Land Revenue Code, 1879 ;

(c) the Bombay City Survey Act, 1915 ;

(d) the Bombay Revenue Tribunal Act, 1957 ;

(e) the Central Provinces Land Alienation Act, 1916 ;

(f) the Madhya Pradesh Land Revenue Code, 1954 ;

(g) the Hyderabad Land Revenue Act, 1317-F ;

(h) the Hyderabad Record of Rights in Land Regulations, 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

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Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

(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,  forfeiture  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 mortagage,  lease
or  otherwise  under  the  Central  Provinces  Land  Alienation  Act,  1916,  shall
be  regulated  in  accordance  with  the  provisions  of  that  Act,  as  if  this  Code
had not been passed :

C. P.
II of
1916.

Provided  also  that,  subject  to  the  preceding  provisos,  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.

(1) Any reference in any law in force in the Vidarbha region of the State,

to––

(a) (i) a malik makbuza ;

(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 expression “Mamlatdar, Mahalkari, Patwari, Patwari Circle” shall, unless
a different intention appears, be construed as a reference to the corresponding

Construction
of reference.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

125

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

,  ordered  by

WHEREAS AB of

was on the
pay  of
to
20
(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,
been  ordered  by
(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

, have

to

H  2069—18

126

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

rupees  (or
required,  pay  the  abovementioned  amount  of
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 abovesaid

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 a 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
No.
No.

of
in the map marked sheet

and facing towards the

Register
,

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

127

the road leading from
about
and about the following dimensions :––

 containing
 square meteres and of the following shape

to

You  are  hereby  confirmed  in  the  said  occupancy  exempt  from  all  land
per annum of the land

revenue (or subject to the payment of Rs.
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
  years  in  perpetuity,  and
thereafter  at  successive  periods  of
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
interest 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
in
taluka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the
. . . . . . . . . . . .     the land or foreshore situated at

in  the  village

certain 

land 

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

.

(G.C.P.)H  2069—19  (4,068—12-2018)

(Signature  of  the Collector)

––––––––––

128

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

SCHEDULE  E
(See  section  247)

REVENUE OFFICER

APPELLATE AUTHORITY

1. All Officer in a Sub-Division, Sub­
ordinate  to  the  Sub-Divisional
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
State
Collector 
Government  in  this  behalf.

the 

by 

3. Collector 1[including  the  Collector
of  Bombay]  or  Assistant/Deputy
Collector 
invested  with  the
appellate  power  of  the  Collector.

4. A  person  exercising  powers

conferred  by  section 2[15],

Divisional  Commissioner.

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 other 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 Record and

other  Officer  of  equal  ranks.

3. Settlement  Officer

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.

Settlement  Commissioner.

1 These  brackets and  words were  substituted for  the brackets  and words  “(not being  the

Collector of Bombay)” by Mah. 47 of 1981, s. 12.

2 These figures were substituted for the figures “16” by Mah. 30. of 1968, s. 8,

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

129

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

Not  exceeding Rs.  25

. .

. .

Over Rs. 25 and not exceeding Rs. 100. .

Over Rs. 100

. .

. .

. .

. .

. .

. .

Rs. P.

0.50

1.00

2.00

. .

. .

. .

———————

SCHEDULE  G

(See section  273)

Table of fees payable under the provisions of section 273 of this Code.

Sum  distrained  for.

Not  exceeding  Rs.  5

. .

. .

Over Rs. 5 and not exceeding Rs. 10.

” ” 10 ” ”

” ” 15 ” ”

” ” 20 ” ”

” ” 25 ” ”

” ” 30 ” ”

” ” 35 ” ”

” ” 40 ” ”

” ” 45 ” ”

” ” 50 ” ”

” ” 60 ” ”

” ” 80 ” ”

”

”

”

”

”

”

”

”

”

”

”

” 15

” 20

” 25

” 30

” 35

” 40

” 45

” 50

” 60

” 80

” 100

Upwards of Rs. 100

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Fee

Rs. P.

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

0.50

1.00

1.50

2.00

2.50

3.00

3.50

4.00

4.50

5.00

6.00

7.50

9.00

. . 10.00

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1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

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132

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

1[SCHEDULE  J

(See section  315)
———————————————————————————————————
Serial
No.

Name of Enactment

Appellate  or  revisional
jurisdiction  against  orders  or
decisions  in  cases  arising  under
the  following  provisions
(3)

(1)

(2)

———————————————————————————————————

1

2

3

The  Maharashtra  Land  Revenue Section  24.
Section  27.
Code, 1966 (Mah. XLI of 1966).
Section 59, except clause (b)

The Hyderabad Tenancy and
Agricultural Lands Act, 1950
(Hyderabad Act XXI of 1950).

thereof.
Section  65.
Section  66.

Section 18, sub-section (2).
Section 44, sub-section (1).
Section  47.
Section  48.
Section  49.
Section  71.
Section  75.

The  Madhya  Pradesh  Abolition  of Section  24.
Section  25.
Proprietary  Rights  (Estates,
Section  26.
Mahals,  Alienated  Lands)  Act,
1950 (Madhya Pradesh Act I of
Section  27.]
1951).

1 Schedule J was inserted by Mah. 23 of 2007, s. 13.

1966: Mah. XLI ]

Maharashtra  Land  Revenue  Code,  1966

133

SCHEDULE  K

Enactments  amended

(See section  334)

Serial Number and

No.
(1)

year
(2)

Short title

Extent of amendment

(3)

(4)

Mah.
XLI of
1966.

1   X of 1876

The Bombay Revenue

In section 11, for the words “ No Civil Court

Jurisdiction Act, 1876.

shall entertain ” the words and figures
“ Except as otherwise expressly provided in
the Maharashtra Land Revenue Code, 1966,
no civil court shall entertain ” shall be
substituted.

2 Bom. LXVII
of 1948.

The Bombay Tenancy

1. Chapter V-A shall be deleted ;

and Agricultural Lands 2. In section 70, clause (na) shall be deleted;
3. In section 74, in sub-section (1), clause (t)
Act, 1948.

shall be deleted ;

4. In section 81, in sub-section (1), in the

Table, the entries relating to section 66A
shall be deleted ;

5. In clause 82, in sub-section (2), clause (1a)

shall be deleted.

3 Hyd. XXI of

The Hyderabad Tenancy 1. Chapter V-A shall be deleted ;

1950.

and Agricultural Lands 2. In section 96, in sub-section (1), in the
Table, the last two entries relating to
Act, 1950, as re-
enacted, validated and
sections 50D and 50F shall be deleted ;
further amended by
Mah. XLV of 1961.

1*

*

*

*

*

*

4 Bom. XCIX of The Bombay Tenancy

1. Chapter IX shall be deleted ;

1958.

and Agricultural Lands 2. In section 107, in sub-section (1),
(Vidarbha Region) Act,
1958.

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.

1 Entry 3 was deleted by Mah. 11 of 1976, s. 3, Second Schedule.

GOVERNMENT CENTRAL PRESS, MUMBAI

134

Maharashtra  Land  Revenue  Code,  1966

[1966: Mah. XLI

Maharashtra Government Publications can be
obtained from---

THE DIRECTOR
GOVERNMENT PRINTING, STATONERY AND PUBLICATIONS
MAHARASHTRA STATE
Netaji Subhash Road, MUMBAI 400 004.
Phone 363 26 93, 363 06 95
363 11 48, 363 40 49

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G. P. O.
PUNE 411 001.
Phone 66 88 59

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 400 001.
Phone 256 26 15

ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Gani, Near Gandhi Chowk
AURANGABAD 431 001.
Phone 33 14 68

AND THE RECOGNISED BOOKSELLERS


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
