In exercise of the powers conferred by subsections (1)and (2) of
section 32 of the Maharashtra Khar Lands Development Act, 1979 (Mah. XI of
1979), and of all other powers enabling it in this behalf the Government of
Maharashtra hereby makes the following rules, the same having been previously
published as required by sub-section (3) of the said section 32, namely: These rules may be
called the Maharashtra Khar Lands Development Rules, 1981. (1) In these rules,
unless there is anything repugnant in the subject or context, (a) Act means the
Maharashtra Khar Lands Development Act, 1979 (Mah. XI of 1979); (b) Form means a form
appended to these rules; (c) section means a section
of the Act. (2) Words and expressions
used in these rules but not defined therein shall have the meanings assigned to
them in the Act. In addition to the
preparation of schemes for construction, maintenance and preservation of
embankments, the State Government may prepare schemes for the following objects
also, that is to say (a) determining a purpose
for which the reclaimed lands could most profitably be used, (b) controlling and
maintaining tree growth including marsh-bushes to prevent erosion of
embankments, (c) assigning suitable
areas from which material required for construction and repairs for embankments
may be derived. In addition to the
particulars specified in clauses (a) to (g) of sub-section (2) of section 6, a
scheme prepared under the Act may also contain the following particulars,
namely:- (a) the purpose for which
the reclaimed land could profitably be used; (b) the approximate value
of land before and after its reclamation; (c) the estimated yield
of the land before and after its reclamation. Every scheme prepared
under section 6, or variation of the scheme in any material particulars under
clause (b) of section 10, shall be published in Marathi by posting a copy
thereof in the village Chaudi (if there be any), or on the notice board of
village Panchayat in the village and if there be no village Panchayat in some
prominent place in such village, and on the notice board of the office of the
Tahsildar 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 objections in writing to or by appearing before,
such Khar Lands Development Officer 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. The fact that the draft scheme has been so published
shall be announced in the village by beat of drum. A specified Khar
Lands Development Officer mentioned in column 1 of the Table below shall
submit the report of enquiry under sub-section (2) of section 7 together with
the objections received to the Chief Controlling Authority through the Superior
Khar Lands Development Officer or Officers mentioned against him in column 2
thereof :- Specified Khar Lands Development
Officer (1) Superior Khar Lands Development
Officer (2) (1) Junior Engineer/Sectional
Officer. (1) Assistant Engineer, Deputy
Engineer, Sub-Divisional Engineer, Sub-Divisional Officer. (2) Assistant Engineer/Sub-Divisional
Officer. (2) Executive Engineer. (3) Executive
Engineer (3) Superintending Engineer. (4) Superintending
Engineer (4) Chief Engineer, Konkan Region. The scheme sanctioned
by the State Government under subsection (4) of section 7 shall be published in
Marathi for the information of all persons affected by the scheme by posting a
copy thereof in the village Chavdi (if there be any), or on the notice-board of
a village Panchayat in the village and if there be no village Panchayat, in
some prominent place in such village, and on the notice-board of the office of
the Tahsildar at the headquarters of the Taluka in which the lands included in
the scheme are situated. The fact that the scheme has been so published shall
be announced in the village by beat of drum. Every order of the
State Government sanctioning variation in the scheme issued under clause (a) of
section 10, or revoking the scheme issued under section 11 shall be published
in Marathi for the information of all persons affected by the scheme by posting
a copy thereof in the village Chavdi (if there be any), or on the notice-board
of a village Panchayat in the village and if there be no village Panchayat, in
some prominent place in such village, and on the notice-board of the Tahsildar
at the headquarters of the taluka in which the lands included in the scheme are
situated. The fact that the order has been so published shall be announced in
the village by beat of drum. Where In a village
there are no record-of-rights, an entry to the effect that the lands are
included in the Khar Lands scheme shall be made in the register in Form I by
the Talathi in the village. Entries of lands included in each scheme in a
village shall be made separately in the register. Where any lease of
land has been determined by forfeiture to Government under the provisions of
section 13, such land shall be disposed of in accordance with the provisions of
the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and the rules made
thereunder. The notice to be
given to the owner or occupier or holder or other person having interest in any
land under section 16 shall be in Form II. For the purpose of
the endorsement of the provisions of the Land Acquisition Act, 1894, in its
application to the State of Maharashtra (hereinafter referred to as the said Act) for the acquisition of any land under
section 17, the following procedure shall be observed :- (a) After the land
proposed to be acquired has been marked out, measured and planned under section
8 of the said Act, the Collector shall send to the Chief Controlling Authority
a statement showing the approximate cost of the acquisition of the land. (b) On receipt of the
statement under clause (a), the Chief Controlling Authority shall deposit with
the Collector the amount of the cost shown in the statement. (c) After an award made
by the Collector has become final under section 12 of the said Act, the
Collector shall send a copy thereof to the Chief Controlling Authority and
unless a reference is made to a Court under section 18 of the said Act, the
Collector shall take possession of the land (if not already taken under section
17 of the said Act) and inform the Chief Controlling Authority, of it and of
the actual amount of the cost of the acquisition of and of the amount, if any,
remaining surplus out of the amount deposited with him under clause (b). The
Chief Controlling Authority shall then arrange to take back the surplus amount,
if any, and to take possession of the land. Where possession of land is taken
by the Collector under section 17 of the said Act before an award is made under
section 11 of the said Act to the Collector shall give immediate intimation of
it to the Chief Controlling Authority, in order to enable the Chief Controlling
Authority, to take immediate possession of the land from the Collector. (d) If a reference is
made to a Court under section 18 of the said Act, the Collector shall inform
the Chief Controlling Authority of it and deposit the amount deposited with him
under clause (b) in the Court. When the matter is finally decided by the Court,
the Collector shall intimate to the Chief Controlling Authority the decision of
the Court as also the additional amount, if any, that the Chief Controlling
Authority has to pay in view of the Courts decision. The Chief Controlling
Authority shall then pay the additional amount, if any, to the Collector or to
the Court, as may be required. (1) The notice of demand
for payment of cess due to be served on a person liable to pay the cess under
section 24 shall be in Form III. (2) The Khar Lands
Development Officer shall endorse a copy of such notice of demand to the
Talathi of the village in which the land in respect of which the cess is due is
situated. (3) It shall be the duty
of the Khar Lands Officer to watch the Collection of the cess made by the
Talathi and to maintain the register in Form IV in respect of the cess levied
and collected (including the penalty imposed and collected). (4) If the cess in
respect of which demand notice is issued and served remains unpaid after the
period specified in the notice the Khar Lands Development Officer shall make a
reference in respect thereof to the Authority referred to in rule 14 for
imposing the penalty. (5) After the Authority
disposes of the reference and penalty, if any, is levied by the Authority the
Khar Lands Development Officer shall take necessary steps to recover the cess
due together with the penalty so levied as arrears of land revenue in
accordance with the provisions of rule 17 of the Maharashtra Realisation of
Land Revenue Rules, 1967. The Collector of the
district, acting under section 174 of the Maharashtra Land Revenue Code, 1966
shall be the authority for the purpose of imposing a penalty under section 24. Every written order
made by the Khar Lands Development Officer under clause (b) of sub-section (1)
of section 26 shall be proclaimed by him for the information of every able
bodied male person who holds or possesses land or resides in the vicinity of
the locality where repairs, clearance or salvage work has to be executed to
prevent serious injury to any embankment and every other person whose name is
included in the list prepared under sub-section (4) of section 26, by posting
it in the village Chavdi (if there be any), or on the notice-board of a village
Panchayat in the village and if there be no village Panchayat, at some
prominent place in such village. The fact that the written order has been so
proclaimed shall be announced in the village by beat of drum. (1) A person to be
included in the list (except on account of his profession, calling or
employment) prepared under sub-section (4) of section 26 shall (a) be a permanent
resident of the village in which the lands included in the scheme are situated. (b) not be a casual
resident or visitor in such village. (c) not be one who has
been suffering from a chronic disease and is a patient confined to bed. (d) not be less than
eighteen years or more than sixty years of age. (2) Before entering the
name of a person in such list on account of his profession, calling or employment, the Khar
Lands Development Officer shall call upon such person by notice in Form V
served on him either in person or by registered post to submit his objection,
within the period specified in the notice why his name should not be so
included. The Khar Lands Development Officer shall consider the objection, if
any, lodged by such person and after recording his reasons may accept or
reject the objection. Thereafter, if the Khar Lands Development Officer
includes the name of such person in the list that person shall be informed
about such inclusion of the name. (1) A person desiring to
obtain a licence under section 27 shall apply to the Khar Lands Development
Officer. (2) The licence shall be
granted in Form VI on payment of a fee of Rs.5 and subject to all or any of the
following conditions in addition to those which may be specified in the licence
having regard to the circumstances of a particular case, (a) The licensee shall
not fish within 15 metres on either side of the embankment in the tidal of Khar
Land, as the case may be, except in drainage channels. (b) The licensee shall
not cause damage to, or in any way interfere with, any of the said embankments. (c) The licensee shall
not fish or exercise his right of fishery in any water on the tidal or Khar
Land to which the licence relates for such period or on such days as may be
required by the Khar Lands Development Officer. (d) The licensee shall
not object to draining off such water as and when necessary for the purpose of
any scheme. (e) If the licensee,
while fishing or exercising the right of fishery in any water on the tidal or
Khar Land to which the licence relates, causes any damage to any scheme, the
licensee shall be liable to pay the cost of the repairs and restoration due to
damage caused by him to the scheme. If the licensee fails to pay it, it shall
be recoverable as an arrear of land revenue. (f) The licence shall be
liable to be cancelled at any time, if the holder thereof commits breach of any
of its conditions or if the opinion of the Khar Lands Development Officer, it
should be cancelled or any other cause. The Khar Lands
Development Officer, appointed under sub-section (1) and of section 4, shall,
for the purposes of clause (o) of sub-section (4) of section 3, cause to be
seized any cattle trespassing on any embankment, cause to be impounded such
cattle in pounds under section 10 of the Cattle Trespass Act, 1871 (I of 1871)
and take steps to prosecute the owner of such cattle under section 31 of the
Act.][1] MAHARASHTRA
KHAR LANDS DEVELOPMENT RULES, 1981
PREAMBLE