GOVERNMENT  OF  MAHARASHTRA

LAW   AND   JUDICIARY   DEPARTMENT

MAHARASHTRA ACT No. XI OF 1979

THE MAHARASHTRA KHAR LANDS
DEVELOPMENT ACT, 1979.

(As modified upto the 8th November 2012)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, NAGPUR  AND
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PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.

2012

[ Price Rs.  7.00 ]

THE  MAHARASHTRA  KHAR  LANDS  DEVELOPMENT
ACT, 1979.

CONTENTS

(i)

PREAMBLE.
SECTIONS.
1.
2..
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

13.
14.

15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.

Short title, extent and commencement.
Definitions.
Duties and powers of State Government.
Khar Lands Development Officers.
Chief Controlling Authority.
Preparation of schemes.
Publication of draft scheme and of final scheme.
Commencement and effect of scheme.
Execution of scheme.
Power to vary scheme.
Power to revoke scheme.
Entry in record of rights and restrictions on use of lands for non agricultural
purposes.
Forfeiture of lease of land in scheme for failure to cultivate or to pay cess.
Village Panchayats responsible for supervision, maintenance and repairs of
embankments.
Advisory Committee.
Right of entry.
Acquisition of land, right or interest.
Claim for amount for consequential damage.
No amount payable in certain cases for use or removal of earth.
Khar lands cess.
Levy of Khar lands cess.
Responsibility for payment of cess.
Provisions of Code to apply for collection and recovery of cess.
Penalty for default in payment of cess.
Recovery of arrears of cess and penalty as arrears of land revenue.
Power to compel certain persons to carry out repairs or works required urgently.
Regulation of fishing rights.
Inquiries to be made summarily.
Registration of documents, plan or map in connection with scheme not required.
Protection of persons acting in good faith.
Penalty.
Rules.
Repeal and savings.
Repeal of Maharashtra Ord. II of 1979 and savings.

  MAHARASHTRA  ACT No. XI OF 1979 1

[THE  MAHARASHTRA  KHAR LANDS  DEVELOPMENT ACT, 1979]

[11TH APRIL 1979]

(This Act  received  the  assent  of  the  President  on  the  10th   April  1979;  assent  was  first
published in the Maharashtra Government Gazette, Part IV, on the 11th April, 1979)

An Act to make better provision for protection, development and control of Khar lands, and
reclamation of tidal lands, by construction and maintenance of embankments and other
works by the State Government itself, for facilitating growing more food crops thereon and
for certain other matters.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed
which rendered it necessary for him to take immediate action to make better provision for
protection,  development  and  control  of  khar  lands,  and  reclamation  of  tidal  lands,  by
construction and maintenance of embankments and other works by the State Government
itself, for facilitating growing more food crops thereon and for certain other matters herinafter
appearing  ;  and,  therefore,  promulgated  the  Maharashtra  Khar  Lands  Development
Ordinance, 1979, on the 19th February 1979 ;

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State
Legislature; It is hereby enacted in the Thirtieth Year of the Republic of India, as follows :—

1.

(1) This Act may be called the Maharashtra Khar Lands Debelopment   Act, 1979.

(2) It extends to Greater Bombay and Thane, Kulaba and Ratnagiri Districts in the State of

Maharashtra.

(3) It shall be deemed to have come into force on the 19th February 1979.

1

Short  title,
extent  and
commence-
ment.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(a) “beneficiary” means the owner, occupier or holder of the land benefited by any
khar lands scheme, by way of reclamation or conversion into cultivable land or in any
other manner whatsoever ;

(b) “Code” means the Maharashtra Land Revenue Code, 1966 ;

(c) “embankment” includes,—

(i) every earth bank, dam, wall and dyke made or used for excluding water from,
or retaining water upon, any tidal or khar land or for excluding salt water from entering
into any adjoining sweet water nallas or inlets ;

1For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1979,  Part  V,

Extraordinary,  page  43.

Mah.
Ord.
II  of
1979.

Mah.
XLI
of
1966.

2

Maharashtra Khar Lands Development Act, 1979           [1979: Mah. XI

         (ii) evey sluice, spur, groyne, training wall, berm or other work annexed to, or

            portion of, any embankment ;

(iii) every earth bank, dam, dyke, wall, groyne or spure made or erected for the
protection of any embankment or of any tidal or khar land from erosion or overflow by
or of tides, waves or waters ;

(iv) all buildings intended for storage, inspection or supervision ;

(v) all approach and other roads as part of a scheme ;

(d) “former Board” means the Maharashtra Khar Lands Development Board, which

was established under section 3 of the Bombay Khar Lands Act, 1948 ;

Bom.
LXXII  of
1948.

(e) “holder”,  in  relation  to  any  land,  means  the  person  who  is  lawfully  in  actual

possession of the land as the owner or tenant, and includes a Government lessee ;

(f) “Irrigation Department” means the Irrigation Department of the Government of

Maharashtra ;

(g) “khar land” means such tidal land as is made cultivable or otherwise beneficial in
any manner whatsoever by protecting it, by means of an embankment, from the sea or
tidal river, and includes all such land in whatever manner described, whether as khar,
khajan, kharepat, gazni or otherwise ;

(h) “khar lands cess” or “cess” means the cess on lands levied and collected under

this Act ;

(i) “Khar Lands Development Officer” means any officer appointed under section 4 ;

(j) “occupier” in relation to any land, means any person holding or professing to hold

the right to cultivate that land for the time being ;

(k) “owner”, in relation to any land, includes every person having a joint interest in
the ownership of the land and all rights and obligations which attach to an owner under
this Act shall attach jointly and severally to every person having such joint interest ;

(l) “prescribed” means prescribed by rules made under this Act ;

(m) “scheme” means a khar lands scheme prepared under this Act ;

(n) “sea” includes bay, inlet, creek or an arm of the sea ;

(o) “tidal land” means such parts of the bed or shore of the tidal water as are covered
and uncovered by the flow and ebb of the tide at ordinary spring tides, together with the
adjoining bed or shore within the contour upto the height of one metre above the ordinary
spring tide marks ;

(p) “tidal water” means any part of the sea or river within the flow and ebb of the tide

at ordinary spring tides ;

(q) words and expressions used in this Act, but not defined, shall have the meanings

respectively assigned to them in the Code.

Duties  and
powers  of
State
Govern-
ment.

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                    3

3.

(1) It shall be the duty of the State Government to protect and to develop, maintain

and control the khar lands in the most efficient and economical manner.

(2) Under appropriation duly made in this behalf, the expenditure on implementation of

the khar lands schemes shall be borne by the State Government.

(3) The original works of the scheme and the special repairs to the completed schemes or
those  in  progress  shall,  from  time  to  time,  be  executed  and  maintained  by  the  State
Government, in the Irrigation Department, in the same manner in which other schemes, like
the  minor  irrigation  schemes  or  flood  protection  schemes  under  the  State  Sector,  are
executed and maintained by that Department.

(4) Without  prejudice  to  the  generality  of  the  foregoing  provisions,  the  State

Government shall have power—

(a) to notify developments and works already done by the former Board ;

(b) to take over all the works of the former Board, which are either completed or which

are not completed, for completion and operation ;

(c) to levy and collect a cess on all lands developed under the schemes, which are
completed either by the State Government or by the former Board and which are taken
over by the State Government, from the date to be notified  by the State Government for
each scheme separately ;

(d) to cause surveys to be made of all khar lands and prepare a master plan of the khar

lands schemes to be developed under this Act ;

(e) to prepare a list of—

(i) all khar lands schemes, whether completed, under construction or proposed ;

(ii) the lands benefited or to be protected under each scheme ;

(iii) the names of the owners, occupiers and holders of such lands, benefited

by each individual scheme ;

(f) to form groups of individual schemes for the convenience of execution, operation

and maintenance ;

(g) to  prepare  schemes  for  the  construction,  maintenance  and    preservation  of

embankments and other prescribed objects ;

(h) to regulate inland waterways and remove encroachments on such waterways ;

(i) to supervise all works in connection with better cultivation of reclaimed khar lands ;

(j) to provide for closure or regulation, wholly or partially, of any creek, river or other
inland waterways or for construction or reconstruction, for the purpose of protection or
better cultivation or other beneficial use of reclaimed khar lands ;

Khar  Lands
Develop-
ment
Officers.

4

Maharashtra Khar Lands Development Act, 1979

[1979 : Mah. XI

(k) to examine, pursue and monitor programmes for providing irrigation facilities in

the reclaimed khar lands ;

(l) to provide for supply of sweet water for better cultivation of reclaimed khar lands ;

(m) to  remove  shrubs  and  provide  for  levelling  of  lands  and  construction  or

reconstruction of inner embankments ;

(n) to  provide  for  prohibiting  or  regulating  fishing  and  fish  breeding  or  for

developing facilities therefor ;

(o) to control the danger and nuisance of certain animals which cause damage to the

embankments ;

(p) to develop or prohibit or regulate use of tidal lands for salt pans ;

(q) to establish or cause to be established research centres for better cultivation of

khar lands and for other purposes ;

(r) to reclaim tidal lands for the purpose of bringing them under cultivation or making

their use for other beneficial purposes ;

(s) generally to do all that is necessary or expedient for carrying out the objects of this

Act.

4.

(1) For carrying out the purpose of this Act, the State Government shall appoint

such number of––

(a) Chief  Engineers,

(b) Superintending  Engineers,

(c) Executive  Engineers,

(d) Assistant  Engineers,

(e) Deputy  Engineers,

(f) Sub-Divisional  Engineers,

(g) Sub-Divisional Officers,

(h) Section Officers or Junior   Engineers, and

(i) other officers,

as it may deem necessary.

(2) The officers appointed under sub-section (1) shall be given any of the above desig-
nations or such other designations as the State Government may, from time to time, deter-
mine.

(3) The State Government may, by general or special order, define the area of the respec-
tive jurisdiction of the officers appointed under sub-section (1) and specify the duties and
the  powers  of  the  Khar  Lands  Development  Officers  to  be  performed  and  exercised  by
different classes of such officers, within  their respective jurisdiction.

(4) The  subordination  of  such  officers  amongst  themselves  shall  be  such  as  may  be

determined by  the State Government.

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                   5

5. The  Chief  Controlling Authority  in  all  matters  connected  with  the  construction,
maintenance and management of the khar lands schemes and all matters incidental or supple-
mental thereto, shall be the Chief Engineer in the Irrigation Department in charge of this
subject or such other officer as may be designated in this behalf by the State Government.

Chief
Controlling
Authority.

6.

(1) For the purpose of carrying out its duties under section 3, the State Government
may, from time to time, cause to be prepared schemes for such area and for such lands as it
may think fit.

Preparation
of  schemes.

(2) A scheme prepared under sub-section (1) shall contain the following particulars,

namely :—

(a) the objects of the scheme ;

(b) the extent of the area of the lands required to be acquired for the execution of the

scheme ;

(c) the extent of the area likely to be reclaimed and benefited after completion of the

scheme ;

(d) the names of the owners, occupiers or holders (including the Government), whose

lands are required to be acquired and their survey numbers ;

(e) the names of the owners, occupiers or holders (including the Government), whose
lands  will  be  benefited  by,  or  will  be  protected  under,  the  scheme  and  their  survey
numbers ;

(f) the type of embankment and works required to be constructed or maintained for

efficient functioning of the scheme ;

(g) a detailed estimate of the cost of the scheme, alongwith detailed layout drawings

and drawings showing structural details ;

(h) such other particulars as may be prescribed.

7.

(1) Every scheme prepared under the last preceding section shall be published in
the prescribed manner in the village, and at the headquarters of the taluka, in which the lands
proposed to be included in the scheme are situated, requiring all persons affected or likely to
be affected by the scheme who wish to make any objections to the scheme or part thereof to
submit their objection in writing to or by appearing before, such Khar Lands Development
Officers as may be specified in the scheme, within one month from the date of publication of
the scheme in the village in which the lands are situated.

Publication
of  draft
scheme  and
of  final
scheme.

(2) The specified Khar Lands Development Officer shall hear such objection as are made
to him in  person and consider them alongwith the objections submitted to him in writing and
submit his report to the Chief Controlling Authority, together with the objection received,
through such superior Khar Lands Developments Officers or officers as may be prescribed.

6

Maharashtra Khar Lands Development Act, 1979

[1979 : Mah. XI

(3) After consideration of the objection and the report and recommendations thereon,
the Chief Controlling Authority shall submit the draft scheme, with such modifications or
recommendations he would like to make, to the State Government for its sanction.

(4) The State Government, after making such inquiry, as it may think fit, may sanction the
scheme, with or without modification and sucject to such conditions, if any, as it may think
fit to impose or refuse to sanction the scheme.

(5) If  the  scheme  is  sanctioned  under  the  last  preceding  sub-section,  the  scheme  as
sanctioned shall be published in the prescribed manner in the village and at the headquarters
of the taluka in which the lands included in the scheme are situated for the information of all
persons affected by the scheme.

(6) In considering the objections, the decision of the Chief Controlling Authority on the
question whether or not any land included in the scheme, will be benefited by, or will be

protected under, the scheme, shall be conclusive evidence on the question.

Commence-
ment  and
effect  of
scheme.

8. On the date on which the scheme as sanctioned is published under the last preceding
section in the village in which the lands included in the scheme are situated, it shall come into
force and shall have effect as if it were enacted in this Act.

Execution
of  scheme.

Power  to
vary
scheme.

9. After  any  scheme  has  come  into  force,  the  Khar  Lands  Development  Officer

concerned shall execute the scheme.

10.

If after any shceme has come into force, the State Government, on an application
made to it or suo motu, is satisfied that the scheme is defective on account of any error,
irregularity  or  informality  or  on  account  of  any  other  reason  it  is  necessary  to  vary  the
scheme, then,—

(a) where, in the opinion of the State Government, the proposed variation does not
vary  the  scheme  in  any  material  particulars,  the  State  Government  may,  by  order,
published in the prescribed manner in the village, and at the headquarters of the taluka, in

which in the lands included in the scheme are situated, sanction the variation ;

(b)  where, in the opinion of the State Government, the proposed variation would vary
the scheme in any material particulars, the State Government may cause such variation to
be published for inviting objections as if it were a draft scheme to be published under
sub-section (1) of section 7, and the provisions of sections 7, 8 and 9 shall apply for
sanctioning, coming into force and execution of such variation, as if such variation was
itself a scheme.

Power  to
revoke
scheme.

11. Notwithstanding  anything  hereinbefore  contained,  if  upon  an  application  or  on
report  made  to  it  for  the  purpose,  the  State  Government  is  satisfied  that  it  is  no  longer
economical or technically feasible to continue any scheme or it is necessary to change the user

Entry  in
record  of
rights  and
restrictions
on  use  of
lands  for
non-
agricultural
purposes.

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                    7

of  the  land  for  any  non-agricultural  purpose  or  any  other  purpose  contemplated  in  the

original scheme or it is necessary so to do in the public interest, the State Government may,

by order, published in the prescribed manner, revoke the scheme. Upon such revocation,

the provisions of this Act shall cease to apply to such scheme except as respects things

done or omitted to be done before the revocation of the scheme.

12.

(1) As soon as may be after a scheme has come into force, in respect of the lands

included  in  the  scheme,  whether  they  are  acquired  or  benefited,  the  Khar  Lands

Development Officer executing the scheme shall cause to be made in the record-of-rights

relating to such lands, an entry to the effect that the lands are included in the khar lands

schemes specified in such entry.

If there are no record-of-rights, such entry shall be made

in the prescribed village record.

(2) Notwithstanding  anything  contained  in  such  scheme,  any  land  included  in  the

scheme which was proposed to be benefited by rendering it cultivable due to implementation

of  the  scheme  may  be  used  for  non-agricultural  purposes  in  accordance  with  the

provisions of the Code, subject to such restrictions and conditions as the Collector may

deem fit to impose :

Provided that, no land in such scheme shall be permitted to be used for non-agricultural

purpose,  unless  such  land  has  been  cultivated  for  a  period  of  not  less  than  five  years

immediately before the date of application for such use, and full amount (if any) due and

payable to the State Government in respect of such land as the Collector may determine has

been paid.

(3) If any land included in any scheme is permitted to be used for any non-agricultural

purposes  under  sub-section  (2),  nevertheless,  such  land  shall  (except  as  provided  under

that sub-section) continue to be subject to the provisions of this Act as if no such permis-

sion has been given.

13.

If any person holds any land on lease from the State Government which is included

in a scheme, and fails to cultivate the same for more than the number of consecutive years

specified for this purpose in the scheme or fails to utilize the same in the manner specified in

the scheme or fails to pay to the State Government the amount of cess together with the

penalty, if any,  due in respect of such land within such time as the State Government may fix,

the Collector may dispose of the land in accordance with the rules made under this Act. Such

lease shall be determined by forfeiture to the State Government, notwithstanding anything

contained in any law for the time being in force and unless the Collector otherwise directs, be

freed from all rights, encumbrances and equities theretofore, created in favour of any person

other than the Government in respect of such land :

Forfeiture
of  lease  of
land  in
scheme  for
failure  to
cultivate  or
to  pay  cess.

8

Maharashtra Khar Lands Development Act, 1979

   [1979 : Mah. XI

Provided that, no order shall be made by the Collector under this section, unless the
person  holding    such  landd  is  given  a  notice  of  not  less  than  six  months  of  the  action
proposed to be taken against him and a reasonable opportunity of making representation
against such action.

Village
Panchayats
responsible
for
supervision,
mainte-
nance  and
repairs  of
embank-
ments.

14.

(1) Notwithstanding anything contained in the Bombay Village Panchayats Act,
1958 (hereinafter in this section referred to as “the said Act”), it shall be the duty of every
village panchayat established under the said Act and having jurisdiction over the area in
which any embankment or other works included in any scheme, or any parts thereof are
situated to keep vigil, supervise, maintain and repair such embankment or works or parts
thereof, as the case may be, and to comply with such directions as may be issued in this
behalf, from time to time, by the Khar Lands Development Officer executing the scheme or by
the State Government. For this purpose, the village panchayat shall take or cause to be
taken such steps and exercise such powers, in addition to the powers conferred by section
16, as may, in its opinion, be reasonably necessary, for carrying out its duty or for securing
compliance with any directions issued to it.

Bom
III
of
1959.

(2) The village panchayat shall be entitled to payment from the State Government for
expenditure  incurred  by  it  in  carrying  out  its  duty,  and  carrying  out  vigil  and  normal
maintenance and repairs and for securing compliance with the directions issued to it, the
amount of which shall be determined by the Khar Lands Development Officer concerned or
any other officer authorised by the State Government in this behalf.

(3) Where a village panchayat makes a default in the performance of any of the duties
imposed by or under this section, it shall be lawful for the Collector or any officer authorised
by the State Government to take suitable action against the village panchayat under the said
Act, as if a default in the performance of its duties under the said Act had been made.

Advisory
Committee.

15.

(1) The State Government may constitute an Advisory Committee to advise upon
such matter arising out of the administration of this Act or any scheme made under this Act
or co-ordination of the execution of work on the various schemes made under this Act, as the
Advisory Committee may itself consider to be necessary or as the State Government may
refer to it for advice.

(2) The Chairman and other members of the Advisory Committee shall be appointed by
the State Government and shall be of such number and chosen in such manner as the State
Government may, from time to time, determine

(3) The termof office of the Chairman and other members, the manner of holding  meet-
ings and the procedure to be followed in the meetings of the Advisory Committee shall be

regulated in the manner as the State Government may, from time to time, determine.

*Short  title  of  the Act  was  amended  as  “Maharashtra  Village  Panchayats Act,”  by  Mah.  24  of  2012,  Sch.

entry  No.  74,  w.e.f.  1st  May  1960.

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                    9

(4) The  Chairman  and  the  other  members  of  the  Advisory  Committee  (not  being  a
member  who  is  an  Officer  of  the  State  Government)  shall  receive  travelling  and  daily
allowances for attending meetings of the Advisory Committee at such rates as the State
Government  may, from time to time, determine.

16. For  the  purpose  of  preparing,  sanctioning  or  executing  any  scheme,  or  for
supervising, maintaining or repairing any embankment  or works or otherwise for carrying
out the objects of this Act, every Khar Lands Development Officer and any person duly
authorised by the State Government, the collector or the village panchayat concerned may,
after giving such notice as may be prescribed, to the owner, occupier or holder or other
person having interest in any land, enter upon, survey and mark out such land and do all acts
necessary for the purposes aforesaid.

Right  of
entry.

17.

(1) If at any time, it appears to the State Government that any land or the right or

interest of any person in any land should, for the purposes of any scheme, be compulsorily
acquired, it shall be lawful for the State Government to publish a notification to that effect in
the Official Gazette. The notification so published shall be deemed to be a declaration
under section 6 of the Land Acquisition Act, 1894, in its application to the State of Maharashtra
(hereinafter in this section referred to as “the said Act”), and shall be conclusive, as if it was
made under section 6 of the said Act, and the land, right or interest in the land shall be
deemed to be needed for a public purpose within the meaning of the said Act.

I  of
1894.

Acquisition
of  land,
right  or
interest.

(2) On the publication of such notification, the Collector shall proceed to take order for
the acquisition of the land, right or interest, as the case may be, and the provision of the said
Act shall, mutatis mutandis, apply to the determination of the amount for the acquisition, the
apportionment of the amount and other matters relating to the acquisition of the said land,
right or interest, as the case may be.

(3) The State Government may make rules in all matters connected with the enforcement

of the said provisions in so far as they are applicable to the acquisition of such land, right or
interest.

(4) Notwithstanding  anything  contained  in  this  section,  where  any  land  which
is  acquired has remained fallow for three successive years immediately preceding  the date
of the notification published under sub-section (1), the market value of such land shall not
be  assessed  to  be  more  than  twice  the  amount  of  annual  assessment  payable  in  repect
thereof.

18.

(1) Subject to the provision of the next succeeding section, whenever any land,
other  than  the land  acquired for  the purposes of  this  Act, or  any  right  of fishery,  right
of drainage, right of the  use  of  water  or  other right  of  property,  shall  have been injuriously

Claim  for
amount  for
consequen-
tial  damage.

affected by any act  done, or any scheme   executed,  under  the  provisions  of  this  Act,

10

Maharashtra Khar Lands Development Act, 1979

   [1979 : Mah. XI

the person in whom such property or right is vested may prefer a claim in writing to the
Collector  for  an  amount  for  the  acquisition,  and  thereupon  the  provisions  of  the  Land
Acquisition  Act, 1894, in its application to the State of Maharashtra, shall, so far as may be,
mutatis mutandis, apply for the determination of the amount, apportionment and payment
thereof.

I  of
1894.

(2) No claim under this section shall be entertained, if it is made later than two years next

after the completion of the work by which any such right is injuriously affected.

No  amount
payable  in
certain
cases  for
use  or
removal  of
earth.

19. Any land, which before the date of commencement of this Act has been used for the
purpose  of  obtaining  earth  or  others  materials  for  the  construction    or  repair  of  any
embankment,  shall  be  deemed  to  be  at  the  disposal  of  the  State  Government  for  such
purpose,  without  payment  of  any  amount  for  the  use  or  removal  of  such  earth  or  other
materials.

Khar  Lands
cess.

20. For the purposes of meeting portion of the cost of operation and normal mainte-
nance of the khar lands schems, there shall be levied and collected, in the manner hereinafter
provided, a tax on lands, in this Act referred to as “the khar lands cess” or “the cess”.

Levy  of
khar  lands
cess.

21. Notwithstanding anything to the contrary contained in the Code, or in any other
law or agreement for the time being in force, but subject to the provisions of this Act, there
shall be levied and collected, in addition to any land revenue payable on such lands, a cess
on all khar lands benefited by any scheme from the date on which such scheme comes into
force or from such later date and for such period, and at such rate not exceeding forty rupees
per year per hectare as the State Government may, by general or special order, specify, from
time to time. Different dates, periods and rates may be specified in respect of different khar
lands or different schemes or different areas.

Responsi-
bility  for
payment  of
cess.

22. The cess shall be payable primarily by the person in actual possession of the land
in respect of which it is levied.
If any person primarily liable makes a default in the payment
of the cess, it shall be recoverable from any person liable to pay the land revenue in respect
of such land under the Code.

Provisions
of  Code  to
apply  for
collection
and
recovery  of
cess.

Penalty  for
default  in
payment  of
cess.

23. The provisions of the Code shall, save in so far as they are inconsistent with any
provisions of this Act, apply for the purposes of collection and recovery of the cess. leviable
under this Act from the person liable therefor under the last preceding section, as though the
cess were land revenue payable under the said Code.

24.

If any person liable to pay the cess, on being served with a notice of demand for
payment of the amount of cess due, fails to pay the same within the period specified in the
notice,  the  prescribed  authority,  on  being  satisfied  that  the  failure  was  without  any
reasonable excuse, may impose on him a penalty of such sum not exceeding ten per cent. of

Recovery
of  arrears
of  cess  and
penalty  as
arrears  of
land
revenue.

Power  to
compel
certain
persons  to
carry  out
repairs  or
works
required
urgently.

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                  11

the  amount  of  cess  which  remains  unpaid,  as  such  authority  may  determine. The
penalty  sum  shall  be  recoverable  in  the  same  manner  as  provided  for  recovery  of  the
amount of cess.

25. All amounts of cess and penalty due under this Act shall, without prejudice to any
other mode of recovery, be recoverable as arrears of land revenue by any of the processes
specified in section 176 of the Code, including the forefeiture of the land concerned.

26.

(1) Whenever it appears to any Khar Lands Development Officer empowered by

the State Government to exercise the powers conferred by this section that,––

(a) unless some special repairs are immediately executed, serious damage will be
caused to any embankment resulting in sudden and extensive loss and injury to property,
human beings or animals ;

(b) the labourers necessary for the prompt execution of such repairs, clearance and
salvage  work  cannot  be  obtained  in  the  ordinary  course  within  the  time  that  can  be
allowed for the execution of the same, so as to prevent such loss or injury, the Khar Lands
Development Officer may, by a written order proclaimed by him in such manner as may be
prescribed, direct every able bodied male person, who holds or possesses land or resides
in the vicinity of the locality where such repairs, clearance or work has to be executed and
every other person whose name is included in the list prepared under sub-section (4) to
report for duty immediately and assist the Khar Lands Development Officer in the execu-
tion of such repairs, clearance and work in such manner and for such period as the Khar
Lands Development Officer or any person authorised by him may require.

(2) Any order made by the Khar Lands Development Officer  under sub-section (1)

shall forthwith be reported by him to the Chief Controlling Authority.

(3) Any person, who has done work in compliance with the direction issued under
sub-section (1), shall be paid remuneration at such rate, which shall not be less than the
highest rate for the time being paid in the neighbourhood for similar work, as the Khar
Lands Development Officer  may determine.

(4) Subject to any rules made in this behalf, in respect of every scheme, the Khar
Lands Development Officer  shall prepare a list of persons who are willing to be included,
or who on account of their profession, calling or employment, should be included, in the
list for being called for duty under sub-section (1).

(5) If any person, without reasonable excuse, fails to comply with any lawful direction
given to him under sub-section  (1), he shall, on conviction, be punished with fine which
may extend to one thousand rupees.

12

Maharashtra Khar Lands Development Act, 1979

   [1979 : Mah. XI

Regulation
of  fishing
rights.

27.

(1) Notwithstanding any custom, usage, law or contract to the contrary,––

(a) no person shall fish or exercise the right of fishery in any embankment or part

thereof, within a distance of 15 metres ;

(b) no  person  shall  fish  or  exercise  the  right  of  fishery  in  any  inland  waterways

included in, or adjoining to, any scheme or water storage created by closure of a creek or

otherwise and not utilised for crop cultivation, except under a license granted by the Khar

Lands Development Officer.

(2) Any  licence  granted  under  clause  (b)  of  sub-section  (1)  shall  be  granted  on  the

payment of such feees and subject to such restrictions and on such conditions and shall be

in such form and contain such particulars as may be prescribed.

Inquiries  to
be  made
summarily.

28.

(1) Any inquiry to be made under this Act shall be made in the manner provided for

holding a summary inquiry under the Code, and all the provisions contained in the Code

relating to holding of summary inquiry shall, so far as may be, apply.

Registration
of
documents,
plan  or  map
in
connection
with
scheme  not
required.

Protection
of  persons
acting  in
good  faith.

(2) The person holding such inquiry shall have the same powers for summoning and

enforcing  the  attendance  of  any  person  and  examining  him  on  oath  and  compelling  the

production of documents, as are vested in the revenue officers under the Code.

29.

(1) Subject to the provisions of section 12, nothing in the Registration Act, 1908, in

its application to the State of Maharashtra, shall be deemed to require registration of any

document, plan or map prepared, made or sanctioned in connection with a scheme which has

XVI
of
1908.

come into force.

(2) All such documents, plans and maps shall, for the pruposes of sections 48 and 49 of

the said Act, be deemed to be registered in accordance with the provisions of that Act.

30.

(1) No suit, prosecution or other legal proceedings shall be instituted against any

public servant or person duly authorised under this Act in respect of anything in good faith

done or intended to be done under this Act or the rules or orders made thereunder.

(2) No suit or prosecution shall be instituted against any public servant or person duly

authorised under this Act in respect of anything done or intended to be done under this Act,

unless the suit or prosecution has been instituted within six months from the date of the act

complained of.

Penalty.

31. Any  person  who  contravenes  or  causes  any  contravention  of  any  of  the

provisions  of  a  scheme  which  has  come  into  force,  or  does  any  act  which  causes

damages to any  of the works carried out under the scheme, or contravenes the provisions

of section 27 or fails to comply  with  the conditions  of a licence granted  under that

section, or  obstructs any   person or authority  in the  due exercise of  his or its powers or

1979 : Mah. XI]

Maharashtra Khar Lands Development Act, 1979                  13

execution of his or its duties under this Act or contravenes the provisions of any rules made

under this Act, shall, on conviction, be punished with imprisonment for a term which may

extend to one year or with fine which may extend to one thousand rupees or with both.

32.

(1) The  power  to  make  rules  under  this Act  shall  be  exercised  by  the  State

Rules.

Government by  notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the
State Government may make rules for the purpose of carrying into effect the provisions of

this Act.

(3) All rules made under this Act shall be subject to the condition of previous publication.

(4) Every rule made under this Act shall be laid as soon as may be after if it is made before
each House of the State Legislature while it is in session for a total period of thirty days,
which may be comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately following, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not be
made,  and  notify  such  decision  in  the  Official  Gazette,  the  rule  shall  from  the  date  of
publication of such notification have effect only in such modified form or be of no effect, as
the case may be ; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under that rule.

33.

(1) On the date of commencement of this Act, the Bombay Khar Lands Act, 1948,

shall stand repealed.

Repeal
and
savings.

Bom.
LXX-
II  of
1948.

(2) On such repeal, the Board established under the replealed Act shall stand dissolved
and the Chairman and members thereof shall vacate their respective offices; and upon such

dissolution of the Board, the assets, rights and liabilities of the Board shall, on and from the

date  of  commencement  of  this  Act,  be  the  assets,  rights  and  liabilities  of  the  State

Government.

(3) Any  scheme,  licence,  permission,  appointment,  rule,  by-law,  regulation,  notice,
notification or order made, issued or granted under the repealed Act and in force immediately
before  the  commencement  of  this Act  shall,  in  so  far  as  it  is  not  inconsistent  with  the
provisions of this Act, be deemed to be made, issued or granted under this Act and continue
in force until it is duly modified or revoked by a competent authority under this Act.

(4) Such repeal shall not affect any right, obligation or liability, acquired or incurred or any
penalty or forfeiture incurred by any person before the date of commencement of this Act or any
legal proceeding or remedy, in respect of any such right, obligation, liability, penalty or forfeiture,
and any such legal proceeding or remedy may be instituted, continued or enforced, and any such
penalty  or   forfeiture  may  be imposed,  as  if this  Act had  not been enacted, and accordingly

14

Maharashtra Khar Lands Development Act, 1979

   [1979 : Mah. XI

any amount of contribution or loan due under the repealed Act from any person immediately

before  the  date  of  commencement  of  this Act  shall  be  deemed  to  be  due  to  the  State

Government and continue to be recoverable from him as arrears of land revenue.

Repeal  of
Mah.  Ord.
II  of  1979
and  saving.

34.

(1) The Maharashtra Khar Lands Development Ordinance, 1979, is hereby repealed.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any

appointment made or any rule, order or notification issued) under the said Ordinance shall
be  deemed  to  have  been    done,  taken,  made  or  issued,  as  the  case  may  be,  under  the

corresponding provisions of this Act.

Mah.
Ord.
II  of
1979.

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Maharashtra  Government  Publications  can  be obtained
from---

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GOVERNMENT  PRINTING, STATIONERY AND PUBLICATIONS
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MUMBAI 400 004.
Phone : 23632693,
23631148,

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GOVERNMENT  PRESS AND STATIONERY, STORE
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