Maharashtra Land Revenue Code, 1966[1]

[Maharashtra Act 41 of 1966]

[22nd December, 1966]

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

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

Chapter I PRELIMINARY

Section - 1. Short title, extent and commencement.

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

(2)     This Code extends to the whole of the State of Maharashtra; but the provisions of 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, [2][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 [3]as the State Government may by notification in the Official Gazette, appoint and different dates may be appointed for different provisions.

Section - 2. Definitions.

In this Code, unless the context otherwise requires,

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

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

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

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

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

(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 (I of 1872);

(7)     ?chavadi? means the place ordinarily used by a village officer for the transaction of village business;

[4][(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;].

(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;

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 force in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise;

(19)   ?land revenue? means all sums and payments, in money received or legally claimable by or on behalf of the State Government from any person on account of any land or interest in or right exercisable over land held by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the State Government under the 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 (25 of 1961);

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

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

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

(24)   ??occupation? means possession;

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

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

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

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

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

(30)   ?relevant tenancy law? means.

(a)      in the [5]Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948);

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

(c)      in the Vidarbha Region of the State of Maharashtra, the [6]Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958).

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

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

(33)   ?saza? means a group of villages in a taluka which is constituted a saza under Section 4;

[7][(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 ?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 (Mah. V of 1962) 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;

(42)   [8][?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

Section - 3. Division of State into revenue areas.

For the purpose of this Code, the State shall be divided into divisions which shall consist of one or more districts [9][(including the City of Bombay)], and each district may consist of one or more sub-divisions, and each subdivision may consist of one or more talukas, and each taluka may consist of certain villages.

Section - 4. Constitution of revenue areas.

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

(i)       the districts [10][(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

(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 [11][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 [12]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

Section - 5. Chief controlling authority in revenue matters.

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

Section - 6. Revenue officers in division.

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

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

Section - 7. Revenue officers in district.

(1)     The State Government shall appoint a Collector [13][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 [14][and in each district (including the City of Bombay)] and so many Assistant 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 subdivisions 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.

Section - 8. Survey Officers.

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

Section - 9. Combination of offices.

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.

Section - [15][9-A. Delegation of powers.

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.]

Section - 10. Temporary vacancies.

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

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

(b)      the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior most subordinate Revenue Officer in the taluka, shall, unless other provision has been made by the State Government, succeed temporarily to the office of the Collector, 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 special purposes only, shall not be deemed as an Assistant for the purposes of this section.

Section - 11. Subordination of officers.

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

(2)     Unless the State Government directs otherwise, all revenue officers in a division shall be subordinate to the Commissioner, and all revenue officers [16][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.

Section - 12. Appointments to be notified.

[17][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.

Section - 13. Powers and duties of revenue officers.

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

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

[18][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.

[[19]xxxxxx]

(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.

Section - 14. Powers and duties of survey officers, circle officers, etc.

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

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.

(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.

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

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

Section - 16. Seals.

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

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

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

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

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

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

(1)     The Collector of his own motion if the officer or other person is or was serving in his department and district, and upon the application 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 [20]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 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.

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

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

Chapter III OF LANDS

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

(1)     All public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the sea and of harbours and creeks below the high 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.

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

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

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

(3)     Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over such Government road, or having any other interest or right which, is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1), state to the Collector in 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 the amount of compensation and the persons to whom such compensation, if any, is payable shall, subject to the decision of the Commissioner in appeal, be final; and payments of compensation shall be made by the Collector to such persons accordingly:

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

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

Subject to the general orders of the State Government, it shall be lawful for a survey officer during the course of survey operations under this Code, and at any other time for the Collector, to set apart unoccupied lands (not in the lawful occupations of any person), in 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 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.

Section - [21][22-A. Prohibition on diversion of use of Gairan Land.

(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.

(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.

(6)     [22][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 330-A, 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.]

Section - 23. Regulation of use of pasturage.

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

Section - 24. Recovering value of natural products unathorizedly removed from certain lands.

Any person who unauthorized 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.

Section - 25. Right to trees in holdings.

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

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

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

Section - 26. Trees and forests vesting in Government.

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.

Section - 27. Recovery of value of trees, etc., unauthorizedly appropriated.

Any person who shall unauthorized 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.

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

(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 Government in this behalf. In case of dispute as to the mode or time of exercising any such privileges, the decision of the Collector shall, subject to one appeal only in accordance with the provisions of this Code, be final.

Section - 29. Classes of persons holding land.

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

(a)      Occupants-Class I,

(b)      Occupants-Class II,

(c)      Government lessees.

(2)     Occupants Class I shall consist of persons who

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

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

(c)      [23][on the 21st April 2018, (Mah. XLIV of 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.

(c)      [[24]xxxxxx]

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

(e)      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.

Section - [25][29-A. Conversion of occupancy of certain Government lands.

Notwithstanding anything contained in Sections 20, 31, 35 and 38, (LXVII of 1948) but save as otherwise provided in the Maharashtra Tenancy and Agricultural Lands Act, the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. Act XXI of 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, (LXX of 1953) the Maharashtra Merged Territories Miscellaneous Alienations Abolition Act, the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, the 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, (Hyd. Act VIII of 1955. XXII of 1955. XCIX of 1958. I of 1959. Mah. XXVII of 1961. Mah. XXXV of 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.]

Section - 30. Occupation of unalienated land granted under provisions of the Code.

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

Section - 31. Unoccupied land may be granted on conditions.

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

Section - 32. Grant of alluvial land vesting in Government.

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

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

Explanation. For the purpose of this section, 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.

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

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

Section - 34. Disposal of intestate occupancies.

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

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

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

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

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

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

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

(2)     The Collector shall, subject to the provisions of the [26]Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), offer such-sub-division [27][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 [28][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).

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.

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

(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.

(2)     [29][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, [30][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, [31][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:

[32][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 (Mah. XXXV of 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 [33][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.

[[34]xxxxxx]

[35][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.

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

(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, (XIX of 1883) the Agriculturists Loans Act, 1884, (XII of 1984) or the Bombay Non-Agriculturists Loans Act, 1928, (Bom. III of 1928) or in favour of a co-operative society [37][or the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955, (23 of 1955) or a corresponding new bank within the meaning of Clause (d) of Section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, (5 of 1970) or the Maharashtra State Financial Corporation established under the relevant law] in consideration of a loan advanced to him by such co-operative [38][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, [39][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,[40][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, [41][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 [42][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 [43][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 36-A (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].

Section - [44][36-A. Restrictions on transfers of occupancies by Tribals.

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

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

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

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

[45][Provided further 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.]

[46][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 (18 of 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 or order of any tribunal, or authority, either suo motu or on application made by the tribal in that behalf, restore possession of the occupancy to the Tribal.

(4)     Where, on or after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, (Mah. XXXV of 1974) it is noticed that any occupancy has been transferred in contravention of sub-section (1) [47][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,] [48][or on a resolution of the Gram Sabha in Scheduled Areas] [49][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.

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

A non-Tribal who after the occupancy is ordered to be restored [50][under either of the provisos] to sub-section (3) of Section 36 or after the occupancy is vested in the State Government [51][under sub-section (3A) of Section 36 or] under sub-section (5) of Section 36-A continues to be in possession of the occupancy, then the non-Tribal shall pay to the Tribal in the former case, and to the State Government in the latter case, for the period from the year (following the year in which the occupancy is or is ordered to be restored to the Tribal or is vested in the State Government as aforesaid) till possession of the occupancy is given to the Tribal or the State Government, such amount for the use and occupation of the occupancy as the Collector may fix in the prescribed manner.

Section - [52][36-BB. Pleaders, etc., excluded from appearance.

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, 36-A or 36-B before the Collector, the Commissioner or the State Government:

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

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

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

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

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

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

Section - 37. Occupants' rights are conditional.

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

Section - [53][37-A. Restrictions on sale, transfer, redevelopment, change of use, etc., in relation to Government land and nazul land.

(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.

(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, (Mah. IV of 2015) the terms and conditions of such order of land grant or lease deed shall prevail:

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.]

Section - 38. Power to grant leases.

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

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

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

Section - 40. Saving of powers of Government.

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

Use of Land.

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

[54][(1)] [55][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 [56][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.

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

(a)      within the limits of.

(i)       the Municipal Corporation of Greater Bombay,

(ii)      the Corporation of the City of Pune,

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

(b)      within the limits of any other Municipal Corporation constituted under any law for the time being in force and the area within five 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 (Mah. XXXVII of 1966);

(f)       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;

(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, (Mah. XXXVII of 1966) or any rules made by the State or Central Government in respect of regulating the building and control lines for different portions of National or State highways or major or other district roads or village roads shall, save as otherwise provided in this section, apply or continue to apply to any farm building or buildings to be erected thereon or to any work of renewal or 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.]

Section - 42. Permission for non-agricultural use.

[58][(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.

[59][(2) Notwithstanding anything contained in sub-section (1), [60][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 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 27 of shop, flour mill, grocery shop or chilli grinding machine, operated in such 2006. premises in use for the personal bona fide residential purpose in non-urban area and occupying the area not exceeding forty square meters [61][or for any micro, small and medium food processing industrial units]]excluding,

(a)      the area mentioned in Clause (2) of the Explanation to Section 47-A, 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.]

[62][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 [63][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.]

[64][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.]

Section - [65][42-A. No permission required for change of use of land situate in area covered by Development plan.

(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 (Mah. XXXVII of 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 (Mah. XXXVII of 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, (Mah. XXXVII of 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 governed and, if permissible to grant no objection certificate, require the applicant to pay the Nazarene 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 subsection (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 47-A 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.]

Section - [66][42-B. Provision for conversion of land use for lands included in final Development plan area.

(1)     Notwithstanding anything contained in Sections 42, 42-A, 44 and 44-A, upon publication of the final Development Plan in any area as per the provisions of the Maharashtra Regional and Town Planning Act, 1966, (Mah. XXXVII of 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:

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 (Mah. XXX of 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 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 47-A 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:

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.

Section - 42-C. Provision for coversion of land use for lands included in the draft Regional plan.

(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 (Mah. XXXVII of 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 (Mah. XXXVII of 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.]

Section - [67][42-D. Provision for coversion of land use for the residential purpose.

(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 regard or suo moto, determine or cause to be determined the conversion tax at the rate mentioned in Section 47-A 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 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.]

Section - 43. Restriction on use.

Subject to the rules made by the State Government in this behalf the Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue for purposes such as, cultivation of unarable land in a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material from the land assessed for the purpose of 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.

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

(1)     [68][Subject to the provisions of sub-section (2) of Section 42, if an occupant of unalienated land or a superior holder of alienated land or a tenant of such land.

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

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

(c)      desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.

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

(a)      shall acknowledge the application within seven days;

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

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

(3)     If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgement of the application, or from the date of receipt of the application-if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in Clause (b) of sub-section (2), then within ninety days [69][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 [70][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.

Section - [71][44-A. No permission required for bona fide industrial use of land.

(1)     Notwithstanding anything contained in Section 42 or 44, where a person desires to convert any land held for the 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, (Mah. XXXVII of 1966) or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii)      within the area where no plan or scheme as aforesaid exists, [72][for a bona-fide industrial use; or

(iii)     within the area undertaken by a private developer [73][as an Integrated Township Project], then, no permission for such conversion of use of land shall be required, subject to the following conditions, namely.

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

(b)      such person has satisfied himself that no such land or part thereof is reserved for any other public purpose as per the Development plan (where such plan exists) and the proposed bona fide industrial use [74][[75][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 (I of 1894) or the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;

(d)      such person ensures that the proposed industry [76][[77][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:

[78][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 [79][[80][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, 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, [81][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 [82][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 [83][[84][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 [85][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]

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.

[86][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 [87][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.]

[88][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 (Mah. XXXVII of 1966).]

Section - 45. Penalty for so using land without permission.

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

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

(b)      in contravention of any of the conditions subject to which any exemption or concession in the payment of land revenue in relation to such land is granted, the holder 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.

(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 [89][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.

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

If a tenant of any holder or any person claiming under or through him uses land for a purpose in contravention of the provisions of 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.

Section - 47. Power of State Government to exempt lands from provisions of88[Section 41, 42], 44, 45 or 46.

Nothing in [90][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 regularizing 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.

Section - [91][47-A. Liability for payment of conversion tax by holder for change of user of land.

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

(2)     Where any land assessed or held for the purpose of agriculture is situated within [92][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;[93][xxxxxx]

(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 [94][Section 47; or]

(c)      [95][is put to a bona fide industrial use as provided in Section 44-A,?] 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 [96][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; [97][xxxxxx]

(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 [98][Section 47; or]

(c)      [99][is put to a bona fide industrial use as provided in Section 44-A,? 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 [100][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)     [101][(a) ?Mumbai Municipal Corporation? means the Mumbai Municipal Corporation constituted under the Mumbai Municipal Corporation Act (Bom. III of 1888);

(b) ?any other Municipal Corporation? means all the other existing Municipal Corporations, constituted under the City of Nagpur Corporation Act, 1948[102]) (C.P. and Berar II of 1950) or the Bombay Provincial Municipal Corporation Act, 1949[103], (Bom. LIX of 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 [104][the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965)];

(2)     ?peripheral area? in relation to

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

Section - 48. Government title to mines and minerals.

(1)     [106][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.

[107][xxxxxx]

(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 the provisions of the Land Acquisition Act, 1894 (I of with 1894).

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

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

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

(7)     Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any mineral from working or derelict mines, quarries, old dumps, fields, bandhas (whether on the plea of repairing or constructions of bund of the fields or any other plea), nallas, creeks, riverbeds, 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, [108][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 [109][upto five times]] the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be:

[110][xxxxxx]

(8)     [111][(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.

(10)   [112][Notwithstanding anything contained in this Act, prior to grant of prospecting license or mining lease for minor minerals and for grant of 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 LXVII of to make rules under Section 15 of the Mines and Minerals (Regulation and 1957. Development) Act, 1957.

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

(1)     If any person (hereinafter called ?the applicant?) desires to construct a water course to take water to irrigate his land for the purpose of agriculture from a source of water to which 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 neighboring 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 over the surface; and where it consists of underground pipes, say, [113][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 least practicable delay. If he fails to do so, the neighbouring holder may apply to the Tahsildar who shall require such person to fill in and reinstate the land.

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

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

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

(10)   Where any person, who after a summary inquiry before the Collector or a Survey Officer, Tahsildar or Naib-Tahsildar is proved to have wilfully injured or damaged any water course duly constructed or laid under this section, he shall be liable to a fine [114][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.

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

(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 [115][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 [116][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 [117][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 [118][twenty-five rupees or such amount as may be prescribed, whichever is higher] in the case of encroachment for agricultural purposes and [119][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.

Section - 51. Regularisation of encroachments.

Nothing in Section 50 shall prevent the Collector, if the person making the encroachment so desires, to charge the said person a sum not exceeding [120][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 [121][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.

Section - 52. Value and land revenue how calculated.

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

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

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

(1)     If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of any land or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to continue the use, occupation or possession of any such land or foreshore by reason of the expiry of the period of lease or tenancy or termination of the lease or tenancy or breach of any of the conditions annexed to the tenure, it shall be lawful for the Collector to 1* evict such person [122][* *]

[123][(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)     [124][The Collector shall, on his finding as aforesaid, serve] a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land or foreshore, as the case may be, and if such notice is not obeyed, the Collector may remove him from such land or foreshore.

(3)     A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be liable at the discretion of the Collector to pay a penalty not exceeding [125][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.

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

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

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

Section ? [126][54-A..

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

Of Relinquishment of Land

Section - 55. Relinquishment.

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

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

Section - 56. Relinquishment of alienated land.

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

Section - 57. Right of way to relinquished land.

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

Section - 58. Saving of operation of Section 55 in certain cases.

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.

Section - 59. Summary eviction of person unauthorisedly occupying land.

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

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

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

Section - 60. Power of State Government to suspend operation of Section 55.

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

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

(b)      to cancel any such notification.

(2)     During the period for which any notification under Clause (a) of subsection (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.

Section - 61. Occupancy when not liable to process of civil court; court to give effect to Collector's certificate.

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

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

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

Section - 62. Bar of attachment of sale.

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

Section - 63. Bar of foreclosure or attachment or sale of Bhumidhari's right.

No decree or order shall be passed for the sale or foreclosure of any right of a person in land held by him immediately before the commencement of this Code in Bhumidhari tenure under the provisions of the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955), 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, (V of 1908) nor shall such right vest in the court or in a receiver under the Provincial Insolvency Act, 1920 (V of 1920).

Chapter IV OF LAND REVENUE

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

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

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

Section - 65. Liability of alluvial lands to land revenue.

All alluvial lands, newly-formed islands, or abandoned river-beds which vest under any law for the time being in force in any holder of alienated land, shall be subject in respect of 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.

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

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

Section - 67. Manner of assessment and alteration of assessment.

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

(a)      for the purpose of agriculture,

(b)      for the purpose of residence,

(c)      for the purpose of industry,

(d)      for the purpose of commerce,

(e)      for any other purpose.

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

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

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

Section - 68. Assessment by whom to be fixed.

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

Provided that, in the case of lands partially exempt from land revenue or the liability of which 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.

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

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

Section - 70. Rates for use of water.

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

Provided that, the rate for use of water for agricultural purposes shall be [127][one rupee or such amount as may be prescribed, whichever is higher,] per year per holder.

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

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

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

(1)     Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture; whereupon, the Collector may, subject to the provisions of sub-sections (2) and (3), levy all sums in arrears by sale of the occupancy or alienated holding, or may otherwise dispose of such occupancy or alienated holding under rules made in this behalf and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or in any manner other than that provided by sub-sections (2) and (3), shall, unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, encumbrances and equities 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 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 [128][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 subsection (1).

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

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

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

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.

Section - 75. Register of alienated lands.

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

Section - 76. Receipts.

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

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

Section - 77. Penalty for failure to grant receipts.

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

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

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

Chapter V REVENUE SURVEYS

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

(1)     It shall be lawful for the State Government whenever it may seem expedient to direct the survey of any land in any part of the State with a view to assessment or settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose, and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town or city generally or to such land only as the State Government may direct and subject to the orders of the State Government, it shall be lawful for the Officers conducting any such survey to 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.

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

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

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

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.

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

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

(2)     The provisions of sub-section (1) shall not apply to survey numbers which have already been made of less extent than the minima so fixed, or which may be so made under the authority 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.

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

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

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

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

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

Section - 85. Partition.

(1)     Subject to the provisions of the [129]Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Bom. LXII of 1947) a holding may be partitioned on the decree of a civil court or any application of co-holders in the manner hereinafter provided.

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

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

(3)     [130][The Collector] may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code.

(4)     [[131]xxxxxx]

(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.

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

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

Section - 87. Divisions of survey numbers into sub-divisions.

(1)     Subject to the provisions of the [132]Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947)

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

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

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

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

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

Section - 88. Privilege of title-deeds.

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

Section - 89. Survey made before commencement of this Code to be deemed to be made under this Chapter.

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

Section - 90. Interpretation.

In this Chapter, unless the context otherwise requires,

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

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

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

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

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.

Section - 91. Forecast as to settlement.

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

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

(3)     Such forecast and proposals shall be 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.

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

Subject to the provisions of Section 91, the State Government may at any time direct a settlement of land revenue of any land (hereinafter 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.

Section - 93. Term of settlement.

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

Section - 94. Assessment how determined.

(1)     The assessment of land revenue on all lands in respect of which a settlement has been directed under Section 92 and which are not wholly 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 (6) thereof may also where necessary be taken into consideration for that purpose.

(a)      (i) physical configuration,

(ii) climate and rainfall,

(iii) prices, and

(iv) yield 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 subdivisions shall be fixed by the Settlement Officer on the basis of their classification value in the prescribed manner.

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

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

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

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

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

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

(3)     He shall then fix standard rates for each class of land in each 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;

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

Section - 97. Settlement report to be printed and published.

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

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

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

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

Section - 99. Reference to[133][Revenue Tribunal].

Any person aggrieved by the report published by the Collector under Section 97 may, within two months from the date of notice under sub-section (2) of Section 97, apply to the State Government [134][for reference to the Maharashtra Revenue Tribunal]. On such person depositing such amount of costs as may be prescribed, the State Government shall direct the report to be sent to [135][the Revenue Tribunal] for inquiry. [136][The Revenue Tribunal] after making an inquiry in the manner prescribed shall submit its own opinion on the objections raised and on such other matters as may be referred to it by the State Government. The State Government may make rules for the refund of the whole or any portion of the cost in such cases as it deems fit.

Section - 100. Orders on Settlement Report.

(1)     The settlement report, together with the objections, if any, received thereon and the opinion of [137][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 [138][the Revenue Tribunal] on a reference, if any, made to it under Section 99 and the orders passed by the State Government under subsection (1) shall be laid on the Table of each House of the State Legislature.

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

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

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

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

Section - 102. Introductions of settlement.

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

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

(2)     receive a remission of the increase so imposed.

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

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

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

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

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

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

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

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

Section - 106. Power of Collector to correct errors.

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

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

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

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.

Chapter VII? ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR NON-AGRICULTURAL PURPOSES

Section - 108. Interpretation.

In this Chapter, unless the context requires otherwise, ?full market value? in relation to any land means an amount equal to the market value of that land plus the amount representing the capitalised assessment for the time being in force. [139][The capitalised assessment shall be determined in such manner as may be prescribed].

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

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

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

(1)     The Collector shall subject to the approval of the Commissioner, by notification in the Official Gazette, divide the village in non-urban areas into two 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.

[140][(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 Maharashtra Land Revenue Code (Amendment) Act, 2003, (Mah. XXI of 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 [141][not exceeding [142][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 [143][not exceeding [144][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.

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

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

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

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

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

(1)     Subject to the provisions of Section 112, the [145][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.

[146][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 Controling Revenue Authority under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 framed under the [147]Bombay Stamp Act, 1958 (Bom. LX of 1958), immediately preceding the year in which the standard rate of non-agricultural assessment is to be fixed.]

(2)     [148][The standard rate of non-agricultural assessment shall remain in force for a period of [149][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:

[150][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:]

[151][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 [152][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.]

[153][[154][(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 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.

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

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

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

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

(c)      [155][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.]

[156][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 47-A;]

(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.

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

[157][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.

Section ? [158][116..

[xxxxxx]

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

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

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

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

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

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

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

[159][(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.

Section - 118. Revocation of exemption.

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

Section - 119. Non-agricultural assessment of lands whollyexempt from payment of land revenue.

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

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

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

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

Section - 121. Application of Chapter.

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

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

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

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

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

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

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

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

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

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

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

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

Provided that, in the case of pardi land the 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.

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

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

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

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

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

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

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

Section - 128. Maps of village sites.

(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.

(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.

Section - 129. Sanad to be granted without extra charge.

Every holder of a building site as aforesaid and every holder of a building site newly formed or first used as such, after the completion of a survey under Section 126 shall be entitled, where the holder is required to pay survey fee provided 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 [160][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 [161][one rupee or such amount as may be prescribed, whichever is higher,] for each sanad.

Section - 130. Grant of sanad on alteration of holding.

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

Section - 131. Duplicate sanads may be granted.

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.

Chapter IX BOUNDARY AND BOUNDARY MARKS

Section - 132. Fixation and demarcation of boundaries.

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

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

Section - 133. Determination of village boundaries.

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

Section - 134. Determination of field boundaries.

If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed 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.

Section - [162][135. Disputes regarding boundaries between villages, survey numbers and sub-divisions of area of any survey number or sub-division.

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:

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.]

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

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

(2)     The State Government may make rules for regulating the procedure of the Collector in demarcating the 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.

Section - 137. Straightening out crooked boundaries.

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

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

(2)     If on receipt of the application, the Survey Officer in the interest of better cultivation of the field or holding and easier maintenance of boundary marks, deems it expedient to regularies or straighten out the boundaries of the filed or holding as desired by the applicant, he may, subject to the provisions of the [163]Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), prepare a plan to revise the boundaries of such field or holding and for payment of compensation by the applicant to persons who would suffer loss of land on account of such revision and publish the same in village in such manner as may be prescribed by rules. In revising the boundaries, the survey officer shall be guided by such rules as may be made by the State Government in this behalf. The amount of compensation shall be determined by him, so far as practicable, in accordance with the provisions of Section 23 of the Land Acquisition Act, 1894 (I of 1894)

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

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

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

(ii)      on the failure to elect such village committee, to a committee consisting of three 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.

Section - 138. Effect of settlement of boundary.

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

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

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

(2)     Where a boundary has been settled as aforesaid, the Collector may at any time summarily evict any 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.

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

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

(2)     Such officer may by notice in writing require landholders to construct, layout, maintain or repair within a specified time, the boundary marks or survey marks of their respective survey numbers or sub-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.

Section - 140. Reponsibility for maintenance of boundary marks and survey marks.

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

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

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

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

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

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

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

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

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

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

Section - 143. Right of way over boundaries.

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

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

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

As soon as possible after a final town planning scheme or improvement scheme or a scheme for the consolidation of holdings has come into force in any area under any law in force in the State, it shall be the duty of the Collector to alter the boundaries fixed and demarcated under the provisions of this Chapter, so as to accord with the plots, 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.

Section - 145. Penalty for injuring boundary marks.

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

Section - 146. Power to exempt from operation of this Chapter.

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

Chapter X LAND RECORDS

A-Record of Rights

Section - 147. Exemption from provisions of this Chapter.

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

Section - 148. Record of Rights.

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

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

(b)      the names of all persons who are holding as Government lessees or tenants including tenants within the meaning of 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.

Section - [164][148-A. Maintaince of record of rights etc., by using suitable storage device.

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

Section - 149. Acquisition of rights to be reported.

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 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.

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

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

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

[165][Provided that, where the record of rights are maintained under Section 148-A 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 (XIV of 1908).

(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:

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

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

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

(8)     [168][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 148-A.]

Section - 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.

(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.

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

(5)     Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining the booklet. [169][The fees so charged may, subject to the orders of the State Government, if any, be retained by Revenue Officer preparing, issuing and maintaining the booklet.]

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

(7)     [170][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.]

Section - 152. Fine for neglect to afford information.

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

Section - 153. Requisition of assistance in preparation of maps.

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

(a)      any Revenue Officer or a Talathi may for the purpose of preparing or revising any map or plan required for, or in connection with any record or register under this Chapter exercise any of the powers of a Survey Officer under Sections 80 and 81 except the power of assessing the cost of hired labour under Section 81, and

(b)      any Revenue Officer of a rank not lower than that of an Assistant or Deputy Collector or of a Survey Officer may assess the cost of the preparation or revision of such map or plan 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.

Section - 154. Intimation of transfers by registering officers.

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 (XVI of 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.

Section - 155. Correction of clerical errors.

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

Provided that, when any error is noticed by a Revenue Officer during the course of his inspection, no such error shall be corrected unless 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.

Section - 156. Land records.

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

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

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

Section - 158. Bar of suits.

[171][xxxxxx].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.

Section - 159. Record of rights at commencement of Code.

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

B?Rights in unoccupied land

Section - 160. Application of provisions of Sections 161 to 167.

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.

Section - 161. Nistar Patrak.

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

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

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

Section - 162. Matters to be provided for in Nistar Patrak.

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

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

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

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

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

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

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

Section - 163. Provision in Nistar Patrak for certain matters.

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

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

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

(i)       forest product;

(ii)      minor minerals;

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

Section - 164. Right in waste land of another village.

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

(c)      shall consult in writing the other Collector concerned.

Section - 165. Wajib-ul-arz.

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

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

(b)      the right to fishing; in any land or water belonging to or controlled or managed by the State Government or a local authority, and such record shall be known as the Wajih-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.

Section - 166. Regulation of fishing.

[172][xxxxxx] etc.

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

(a)      fishing in Government tanks;

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

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

Section - 167. Punishment for contravention of provisions.

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

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

Chapter XI REALISATION OF LAND REVENUE AND OTHER REVENUE DEMANDS

Section - 168. Liability for land revenue.

(1)     In the case of.

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

(b)      alienated land, the superior holder; and

(c)      land in the possession of 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.

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

(1)     The arrears of land revenue due on account of land shall be a paramount charge on the land and on every 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.

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

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

(2)     The State Government may make rules providing for the payment of land revenue in instalments and on dates (hereinafter referred to as the ?prescribed 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 subsection (2) may be made in cash or may, at the cost of the remitter, be remitted by money order.

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

Section - 171. Temporary attachment and management of village or share of village.

(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.

(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.

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

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.

Section - 173. ?Arrear?, ?defailter.

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.

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

If any instalment of land revenue or any part thereof is not paid within one month after the prescribed date, the Collector may in the case of a wilful defaulter impose a pentalty not exceeding [173][twenty-five per cent. of the amount not so paid or such amount as may be prescribed, whichever is higher]:

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.

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

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

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

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

Section - 176. Process of recovery of arrears.

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.

Section - 177. Revenue demands of former years how recoverable.

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

Section - 178. When notice of demand may issue.

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

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

Section - 179. Occcupancy or alienated holding for which arrear is due may be forfeited.

The Collector may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to the State Government, and subject to rules made in this behalf, sell or otherwise dispose of the same under the provisions of Section 72 or 73 and credit the proceeds, if any, to the defaulter's accounts:

Provided that, the Collector shall not declare any such occupancy or alienated holding to be forfeited.

(a)      unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner provided by Sections 192 and 193 for sales of immovable property, and

(b)      until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been affixed as required by Section 193.

Section - 180. Distraint and sale of defaulter's movable property.

(1)     The Collector may also cause the defaulter's movable property to be distrained and sold.

(2)     Such distraints shall be made by such officers or class of officers as the Collector under the orders of the State Government may from time to time direct.

Section - 181. Sale of defaulter's immovable property.

The Collector may also cause the right, title and interest of the defaulter [174][(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.

Section - 182. Power to attach defaulter's immovable property and take it under management.

(1)     If the Collector deems it inexpedient to adopt any of the processes specified in the foregoing provisions for recovery of arrears,[175][he shall, in case where the immovable property belongs to a person belonging to a Scheduled Tribe, and in any other case, he may,] cause the immovable property of a defaulter to be attached and taken under the management of himself or any agent whom he may appoint for that purpose.

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

[176][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.].