THE MAHARASHTRA LAND REVENUE CODE, 1966. (BARE - ACT)

( As modified upto the 17th November 2018 ) 

CHAPTER I PRELIMINARY

1.Short title, extent and commencement.

2.2. Definitions. Revenue Areas

3.3. Division of State into revenue areas.

4. 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 ofpublic.

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 Gairanland.

23. Regulation of use of pasturage.

24. Recovering value of natural products unauthorizedlyremoved from certain lands. (i) H 2069—1 Maharashtra Land Revenue Code, 1966 [1966: Mah. XLI SECTIONS.

25. Right to trees in holdings.

26. Trees and forests vesting in Government.

27. Recovery of value of trees, etc., unauthorizedlyappropriated.

28. Regulation of cutting and supply of wood, etc. Of the Grant of Land

29. Classes of persons holding 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 nazulland.

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.

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 unauthorisedlyoccupying 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 unauthorisedlyoccupying 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’sright.



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 assessentunder 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.

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

90. Interpretation.

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.

102. Introduction of settlement.

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.

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


CHAPTER VI ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LANDS

90. Interpretation.

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.

102. Introduction of settlement.

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.

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

108. Interpretation.

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

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

115. Date of commencement of non-agricultural assessment.

116. [ Deleted ]

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.

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. In certain cases survey fees to be charged.

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.

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.

152. Fine for neglect to afford information.

153. Requisition of assistance in preparation of maps.

154. Intimation of transfers by registering officers.

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 Patrakfor certain matters.

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.

173. ‘Arrear’ ; ‘defaulter’.

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.

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 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.

261. Interpretation.

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.

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.



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.

300. Proceeding in case of disputes as to entry or transfer.

301. Registration or transfer not to affect right of Government. Procedure.

302. Law applied to summons, etc.

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 XVI

MISCELLANEOUS (मिश्रित, कई तरह का)

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.

333. Construction of this Code.

334. Amendment of enactments.

335. Power to remove difficulty.

336. Repeal and savings.

337. Construction of references.






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