The Maharashtra Land Revenue Code 1966 Complete Act - Bare Act

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:

(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 Chapter III (except the provisions relating to encroachment on land), IV, V, VI, VII, VIII, IX X, X1, XII (except, section 242) and XVI [except sections 327, 329, 330, 1(330A), 335, 336 and 337 shall not apply to the City of Bombay.

(3) It shall come into force in the whole of the State of Maharashtra, on such date 2 as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions.

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In this Code, unless the context otherwise requires,

(1)"agricultural year" means the year commencing on such date as the State Government may, 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 or courtyard enclosed by, or appurtenant to, any building erected thereupon;

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

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

(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 storage 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 integral part of his cultivating arrangement;

(10) "gaothan" or "village site" means the land 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 landholder 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 goathan 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;

(15) "Joint Holders" or "joint occupants" mean holders or occupants who hold land as co-sharers whether as co-sharers in a 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 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

(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

(2 1) "non-agricultural assessment" means the assessment fixed on any land under the provisions of this Code or rules there under 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 landholder 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 Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948;

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

(c) in the Vidharbha region of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 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 constitute a saza under Section 4;

(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 purpose 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, scheme of

(ii) in the districts of Nagpur, Wardha, Chahaa and Bhanda, 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 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) "urban area" means the area for the time being included within the limits of any municipal corporation', municipality constituted under any law for the time being in force or of any village or group of villages, which may be notified by the State Government as urban area, regard-being had to the density of population and of buildings in the area and the expression "non-urban area" shall be construed accordingly;

(43) "village" includes a town 6r 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.

For the purpose of this Code, the State-shall be divided into divisions which shall consist of one or more districts 1[including the City of Bombay], and each district may consist of one or more sub-divisions and each sub-division may consist of one or more talukas, and each taluka may consist of certain villages.

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

(i) the districts 1[(including the City of Bombay)] which constitute a division; (ii) the sub-divisions which 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 after 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 2[three hundred, as ascertained by a revenue officer not below the rank bf 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-divisions, talukas, circles, sazas and villages existing at the commencement of this Code shall continue under the names they bear respectively to be the divisions, districts, sub-divisions, talukas, circles, sazas and villages, unless otherwise altered under this section.

(4) Every notification or order made under this section shall be subject to the condition of previous publication; and the provisions of Section 24 of the Bombay General Clauses Act, 1904, shall, so far as may be, apply in relation to such notification or order, as they apply in relation to rules to be made after previous publication.

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CHAPTER II-REVENUE OFFICERS: THEIR POWERS AND DUTIES

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.

The State Government shall appoint a Commissioner for 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.

(1) The State Government shall appoint a Collector 1[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 2[and in each district (including the City of Bombay)] and so many Assistant Collectors and Deputy Collectors (with such designations such as, "First", "Second", "Super", etc. Assistants as may be expressed in the order of their appointment), one or more Naib-Tahsildars in a taluka, and one or more Additional Tahsildars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient.

(3) Subject to the general orders of the State Government, the Collector may place any Assistant or Deputy Collector in charge of one or more sub-divisions of a district, 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.

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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 Talisildars", or otherwise as may seem requisite

It is required to supervise the preparation and maintenance of the Records of Rights and of all periodical inspection and repairs of boundary marks. Also, the Department undertakes the spade work in connection with the introduction of land revenue settlement, and subsequently, to take action for their revision in time, training the Revenue Officers in survey and settlement matters.- G.R.R.D., No. 6215145, Dt. 9-7-49 & Est.1056-L, Dt. 19.3.56.

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 officers provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as may seem expedient.

1[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].

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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 the taluka, shall, unless other provision has been made by the State Government, succeed temporarily to the office of the Collector, 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.

(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 '[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.

1[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.

(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 Collector under the general or special orders of the State Government.

1[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 the 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.

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(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 subdivision, the Collector shall, under the general orders of the State Government, assign 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 from 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 employee 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.

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

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.

Provisions for recovery of money, papers or other Government property

(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.

(1) The Collector of his own motion if the. officer or other person is or was serving in his department and district, and upon the application of the Superintendent of Land Records if such officer or person is or was serving in the survey department in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in this Code for the recovery of arrears of land revenue from defaulters and for the purposes of recovering public papers or other property of the Government may issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the 'Code of Criminal Procedure, 1898.

(2). It shall be the duty of all persons in possession of such public moneys, papers or other property of the Government to make over the same forthwith 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.

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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

(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 water mark, and 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 seasons of the year.

(2) Where any property or any 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 been not set up as a defense) 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.

(I)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 a 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, bf 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 place 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 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 and 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 of the amount of compensation under this sub-section :

Provided that, no compensation shall be awarded for the extinction ~or diminution of the right 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.

Subject to the general orders, of the, .State Government, it shall be lawful for a Survey Officer during the course of survey operations under the 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 of 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.

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.

Any person who unauthorisedly 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.

(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.

The right to all trees, brushwood, jungle or other product growing on land set a part 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.

Any person who shall unauthorizedly fell and appropriate any tree or any portion thereof which is the property of the Government shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Code for the occupation of the land or otherwise and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of Government property.

(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.

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

(a) Occupants - Class 1,

(b) Occupants - Class 11, (e) 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

1[(c) notwithstanding any notification of order issued under Section 150 of the Madhya Pradesh Land Revenue Code 1954 (MP I I of 1955) are holders of land in Bhumidbari rights in any local areas in Vidarbha and are permitted hereafter. Subject to the rules made by the State Government in this behalf, on payment of a premium (not exceeding three times the assessment payable in respect of such land) to be included in Occupants - Class 1.1

(3) Occupants-Class 11 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

(i) land in Vidarbha in Bhumiswami rights with restrictions on the right to transfer or in Bhumidhari rights under the Madhya Pradesh Land Revenue Code, 1954; and

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

(c) before the commencement of this Code have been granted rights in unalienated land under leases which entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants Class 11 shall apply to them as if they were Occupants Class 11 under this Code.

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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.

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

(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.

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.

(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.

(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 subsection

(2) The Collector shall, subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, offer such-division at such price not exceeding twenty four times the assessment thereof as' he may consider to be worth to the occupants of the other subdivisions of the same survey number in such order as 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 3 1.

(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 holding 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 equal to three times the assessment. 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.

(1) All 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.

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.

(3) Where an occupant belonging to Scheduled Tribes 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 holding, may,

(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 determining 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 persons claiming such encumbrances, in the following manner, that is to say

(i) if the total value of encumbrances of the land is less than the amount determined under sub-section (3B), the value of encumbrances shall be paid to the holders thereof in full;

(ii) if the total value of encumbrances of the land exceeds the amount determined under subsection (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 kilometers thereof and who is willing to accept the occupancy in accordance with the provisions of this Code and the rules and orders made there under 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 36A.]

(4) Notwithstanding 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 Loans Act, 1883, the Agriculturists Loans Act, 1884, or the Bombay Non-Agriculturists Loans Act, 1928 or in favour of a co-operative society or the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955,

The Collector, may,

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 Constitution of India

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(a) in the case of a lease, or mortgage for a period not exceeding 5 years, of the Collector; and (b) in all other cases, of the Collector with the previous approval of the State Government: Provided that, no such sanction shall be accorded by the Collector unless he is satisfied that no tribal residing in the village in which the occupancy is situate or within five kilometres thereof is prepared to take the occupancy from the owner on lease, mortgage or by sale or otherwise.

(2) 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.

(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 encumbrances 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 laud 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 jiray at land.

1[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 Section 36, 36A or 36B 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.]

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Explanation: - For the purpose of this section, a Civil Court shall include a Mamlatdar's Court under the Mamlatdars' Courts Act, 1906.

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

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

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

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.

(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 "A" Class municipal councils and the area within three kilometres from the periphery of the limits of each such municipal council;

(d) within the limits of the 'B' and 'C' Class municipal, councils; or

(e) within the area covered by the Regional Plan, town planning scheme, or proposals for the development of land (within the notified area) or (an area designated as) the site of the new town, whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966;

the holder or any other person referred to in sub-section (1), as the case may be, shall, notwithstanding anything contained in sub-clauses (d) and (e) of clause (14) of Section 2, make an application, in the prescribed form, to the Collector for permission to erect such farm building or to carry out any such work of renewal, re-construction, alteration or additions as aforesaid.

(3) The Collector may, subject to the provisions of sub-section (4) and such terms and conditions as may be prescribed, grant such permission for erection of one or more farm buildings having a plinth area not exceeding the limits specified below

(i) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected exceeds 0.4 hectare but does not exceed 0.6 hectare, 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 farm buildings are proposed to be erected is more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that agricultural holding Or 400 square metres, 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 metres, 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 hectare.

(4) The Collector shall not grant-such permission

(a) (i)

(ii) if the height of such building from its plinth level exceeds 5 metres 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 involves renewal or reconstruction or alterations or additions to an existing farm building beyond the maximum limits of the plinth area specified in subsection (3) or beyond the limit of the height of 5 metres from the' plinth level and a ground floor.

Explanation: - For the purposes 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 holding, "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 there under, or of the Development Control Rules made under the provisions of the Maharashtra Regional and Town Planning Act, 1966, or any rules, made by the State or Central Government in respect of regulating the building and control lines for different portions of National or State highways or major or other district roads or village roads shall, save as otherwise provided in this section, apply or continue to apply to any farm building or buildings to be erected thereon or to any work of renewal or reconstruction 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 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 be 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.

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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, muram or any other material from the land assessed for the purpose of agriculture 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 agaothan; 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.

(1) 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 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 '[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 such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

(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.

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1[44A. 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 purpose of agriculture or held for a particular non -agricultural purpose situated,

(i) within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966, or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii) within the area where no plan or scheme as aforesaid exists, for a bonafide industrial use, 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 does not conflict with the over all scheme of the said Development plan;

(c) no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 or the Maharashtra Industrial Development Act, 1961 or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;

(d) such person ensures that the proposed industry 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 Regulations, or rules or any provisions with regard to the benefited zones of irrigation projects and also those pertaining to environment, public health, peace or safety.

(2) The person so using the land for a bona fide industrial use 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 subsection (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 this Code, such penalty not exceeding rupees ten thousand; as the

Collector may, subject to the rules, if any, made by the State Government in this behalf,

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 fo 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 betaken within the period specified in the notice, as aforesaid, the Collector may also impose on such person a further penalty not exceeding five thousand rupees for such contravention, and a daily penalty not exceeding one hundred rupees 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 bonafide industrial use is received under subsection (2) and on verification it is found that the holder of the land fulfills all the conditions specified in sub-section (1), a sanad shall be granted to the holder thereof in the prescribed form. . 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. .

Explanation - 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, 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.]

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(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 i-nay 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 person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees 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 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.

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.

Nothing in 1[Sections 41, 421, 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 bf lands; and

(b) the Collector from regularising the non-agricultural use of any land on such terms and conditions as may be prescribed by him subject to rules made in this behalf by the State Government.

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1[47A. 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 '[the limits of Mumbai Municipal Corporation area excluding the area of the Mumbai City District or any other Municipal Corporations area] of any 'N' 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; 3[**]

(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 regulated under clause (b) of 4 [section 47, or]

(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;

(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

(c) is put to a bona fide industrial use as provided in section 44A, then, the holder of such land shall, subject to any rules made in this behalf, be liable to pay to the State Government, the conversion tax, which shall be equal to

Explanation: - For the purposes of this section,-

(1)

(b) "any other Municipal Corporations" means all the other existing Municipal Corporations constituted under the City of Nagpur Corporation Act, 1948 (C. P. and Berar 11 of 1950); or the Bombay Provincial Municipal Corporations Act, 1049 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

(2) "peripheral area" in relation to -

(b) all the other Municipal Corporations area means the area within five kilometers from their periphery.]

(c) the Cities of Nagpur and Kolhapur, means the area within one kilometre from the periphery of each of those Cities; and

(d) 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 area.]

(1) 1[The right to all minerals] at whatever place found, whether on surface or underground, including all derelict or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks, river beds and such other places, is and is hereby declared to be expressly reserved and shall vest in the State Government which shall have all powers necessary for the proper enjoyment of such rights.

2[* * *]

(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of officers, workmen's dwellings 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 reservation as he may specify, delegate such powers to the person to whom the right has been assigned:

Provided that, no such delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered.

(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such persons compensation for, such infringement and the amount of such compensation shall, in the absence of agreements, be determined by the Collector or, if his award is not accepted, by the Civil Court, in accordance with the provisions of the Land Acquisition Act, 1894.

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

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

(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 an any other plea), nallas, creeks, river-beds, or such other places wherever situate, the right to which vests in, and has not been assigned by the State Government, -shall, without prejudice to any other mode of action that may be taken against him, be liable, on the order in writing of the Collector, to pay penalty not exceeding a sum determined, at three times the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be

Provided that, if the sum so determined is less than one thousand rupees the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.

(8) Without prejudice to the provision in sub-section (7), the Collector 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.

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

Explanation: - For the purposes of this section, "minor minerals" means the minor minerals in respect of which the State Government is empowered to make rules under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957.

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(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 to arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Tahsildar.

Explanation: - For the purposes of this section, the neighbouring holder includes the person to whom the land belongs and all persons holding through or under him.

(2) On receipt of the application, if the Tahsildar after making an enquiry and after giving the neighbouring holder and all other persons interested in the land, an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is necessary to construct the water course, he may by order in writing, direct the neighbouring 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 by 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 any 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, at a rate of 25 paise 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 a] I 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) lf a person intends to remove or discontinue the watercourse 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, op. 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 decisions 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 not exceeding one hundred rupees every time for the injury or damage so caused.

(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 an 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 therefore 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 a fine which shall be not less than five rupees but not more than one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees. The person caught hawking or selling any articles shall be liable to pay fine of a sum not exceeding fifty rupees 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 twenty-five rupees in the case of encroachment for agricultural purposes and fifty rupees in other cases for every day during any portion of which the encroachment continues after the date fixed for the notice to take effect.

(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.

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 five times the value of the land so encroached upon and to fix an assessment not exceeding five times 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.

(1) For the purposes of Sections 50 and 5 1, 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.

(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 to1[***] evict such person

2[( I-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) 3[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 two times the assessment or rent for the land, for the period of such unauthorised use or occupation.

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(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 forfeited 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.

1[54A. [This section has ceased to be in force w.e.f.' lst December, 1978].

1.Section 54A was inserted by Mah. 41 of 1973, S. 2. It shall remain in force upto 30-11-1978.

The said section 54A reads as under:

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

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

(b) any building or other structure erected on any land or foresbore is forfeited under Section 54;

(c) any person who entered unauthorisedly on the land or foreshore, is allowed to stay thereafter on payment of a licence fee for the land, or structure thereon or both,then, without prejudice to any other proceedings which may be taken against any such person, or in respect of the structure given on licence as aforesaid,(1) the Collector or any officer of Government authorised by the Collector may, notwithstanding anything contained in any law, or in any contract or agreement, for the time being in force, at any time by order direct that the licence or permission (if any) granted to any such person shall be deemed to be terminated forthwith, (2) the Collector may, by written notice, which shall not be of less duration than 24 hours, require any person for the time being in occupation of the forfeited structure to show sufficient cause, on or before such day and hour, as shall be specified in such notice, why the forfeited building or other structure shall not be pulled down or removed; and if such person fails to show cause, on or before the specified day and hour, to the satisfaction of the Collector, the Collector may pull down or remove the building, or other structure, as the case may be; and (3) no person (including the person evicted) shall, without the previous permission of the Collector, enter on, or be on or in, or pass over, any such land or foreshore; and if any person enters on or remains on or in or passes over the land or foreshore in contravention of this section, he may be removed there from by the Collector or officer authorised, and the Collector or officer authorised may take all such assistance as is necessary for the purpose.]

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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 subdivision of a survey number may be relinquished.

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.

(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 65 within any prescribed local area, either generally, or in respect of cultivators or occupants of a particular class or classes, and

(b) to cancel any such notification.

(2) During the period for which any notification under clause (a) of sub-section (1) is in force within any local area, such orders shall be substituted for the provisions of which the operation is suspended as the Commissioner shall from time to time direct.

Protection of certain occupancies for process of Courts

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.

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

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 any 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.

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 liability 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.

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.

(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.

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 he 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 registered 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.

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 one rupee only per year per holder.

(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 three times the .,assessment. If the occupant or superior holder fails to get the occupancy or alienated holding restored ,to him within the period aforesaid, the occupancy or alienated holding or part thereof shall be -,disposed of by the Collector in the manner provided in sub-section (1).

In order to prevent the forfeiture of an occupancy under the provisions of section 72 or 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 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 court of competent jurisdiction.

(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.

(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 accept 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.

Survey work

(1) Measurement of village lands.

(2) Preparation of survey records.

(3) Preparation of village Maps (Scale Maps).

(4) Demarcation of boundaries.

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.

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.

(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.

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 oil of such area or any errors in classification, such reclassification is necessary.

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.

(1) Subject to the provisions of the Bombay Prevention of Fragmentation and

Consolidation of Holdings Act, 1947, a holding may be partitioned on the decree of a Civil Court an application of co-holders in the manner hereinafter provided.

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

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

(3) 1[The Collector] may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code.

(4) 2[*

(5) Expenses properly incurred in making partition of a holding paying revenue to the State Government shall be a 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.

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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.

(1) Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

(a) survey numbers may from time to time and at anytime 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.

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

Any surveys heretofore made, and introduced under any law for the time being in force otherwise, and in operation on the date of the commencement of this Code, shall be deemed to been made under the provisions of this Chapter.

CHAPTER VI-ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND

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 l3handara and Melghat Taluka 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 the 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 goup 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 homogeneous in respect of(i) physical configuration,

(ii) climate and rainfall,

(iii) principal crops grown in the local area, and (iv) soil characteristics.

(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 dispatched to every member of each of the two Houses of the State Legislature not less than 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 have 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 arty 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.

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

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.

(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 exempted from the payment of land revenue shall, subject to the limitations contained in the first proviso to subsection (1) of section 68, be determined by dividing the lands to be settled into groups and fixing the standard rates for each group in accordance with the rules made by the State Government in this behalf.

(2) The matters specified in clause (a) of this sub-section shall ordinarily be taken into consideration in forming groups, but those specified in clause (b) thereof may also where necessary be taken into consideration for that purpose

(a)

(b) (i) markets,-

(iv) population and supply of labour, (v) agricultural resources,

(vi) variations in the area of occupied and cultivated lands during the last thirty years, (vii) wages,

(viii) ordinary expenses of cultivating principal crops, including the value of the labour in cultivating the land in terms of wages.

(3) The land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value in the prescribed manner.

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

In making a settlement, the Settlement Officer s I hall 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 group 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.

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

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.

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(1) The settlement report, together with the objections, if any, received thereon and the opinion of 1[the Divisional Commissioner] 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 the 2[Divisional Commissioner] on a reference, if any, made to it under section 99 and the orders passed by the State Government under sub-section (1) shall be laid on the Table of each House of the State Legislature.

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

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(I)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.

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

Provided further that, in the year next following that in which any original or revised settlement is introduced, any occupant who may be dissatisfied with the increased rate imposed by such new assessment on any of the survey numbers or sub-divisions of survey numbers held by him shall, on relinquishing such number or sub-division in the manner provided by section 55, receive a remission of the increase so imposed.

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

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

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 affected by or at the expenses 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.

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.

All settlements 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

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. 1[The capitalised assessment shall be determined in such manner as may be prescribed.]

(1) The Collector shall, subject to the approval of the Commissioner, by notification in the Official Gazette, divide the villages in non-urban areas into two classes - Class I and Class 11- on the basis of the market values of lands, due regard being had to the situation of the lands, the non-agricultural purpose for which they are used, and the advantages and disadvantages attaching thereto.

(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 not exceeding two paise per square metre per year, and, those falling in Class II at a rate not exceeding one paise per square metre per year, regard being had to the market value of lands used for the nonagricultural purpose, so however, that the assessment so fixed is not less than the agricultural assessment which may be leviable on such land.

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-agricultural purposes for which they are used, and the advantage and disadvantages attaching thereto.

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.

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

2[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 Controlling Revenue Authority under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 framed under the Bombay Stamp Act, 1958, during the period of five years immediately preceding the year in which the standard rate of nonagricultural assessment is to be fixed.]

3[(2) The standard rate of non-agricultural assessment shall remain in force for a period of 4[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

5[Provided that the first such guarantee period shall commence on the first day of August 1979 and shall expire 'on the 3 1 st day of the July 199 1

6[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 7 [the lst day of August, 1979] such standard rate shall be deemed to be due for revision at any time on and after the Ist day of August 1979; and then such standard rate if so revised shall be deemed to have come into force with effect from the Ist day of August 1979 on which date the first guaranteed period commenced and would remain in force up to the 31st July 1991 and would then be subject to further revision under sub-section (213), from time to time.

(213) 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.]

8[(2C) Notwithstanding anything contained in sub-section (1) or the rule made there under, the rates of non -agricultural assessment for the guaranteed period of five years commencing from the lst August, 2001 shall not exceed,

(a) three times the non-agricultural assessment rate of 1991, 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 of 1991, 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.

(1) Subject to the visions 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 purposes of industry, shall be one and one-half times the standard rate of non-agricultural assessment;

1[(c) used for purposes of commerce, shall be thrice the standard rate of non-agricultural assessment in the areas within the limits of all the other Municipal Corporations excluding the area of the Mumbai City District in the Mumbai Municipal Corporation area, and twice the standard rate of non-agricultural assessment in the remaining urban areas of the State.] 1[Explanation :- For the purposes of this clause "other Municipal Corporations" and "Mumbai Municipal Corporation" shall have the same meaning as assigned to them in the Explanation to section 47A.]

(d) used for any other non-agricultural purpose, shall be fixed by the Collector, at a rate not less than the standard rate of non-agricultural assessment, and not exceeding one and one-half times that standard rate, regard being had to the situation, and special advantages or disadvantages attaching to such lands.

(2) Where any land is used for any non-agricultural purpose for a period of six months or less, the non-agricultural assessment shall be half of that fixed for land used for that non-agricultural purpose.

(3) Notwithstanding anything in this section, the Collector may in respect of any land in a block fix the non-agricultural assessment for that land at a rate not less than seventy-five per cent of the rate fixed in sub-section (1), but not exceeding by twenty-five per cent, the rate so fixed for the particular use, regard being had to the situation, and special advantages or disadvantages attaching to such land.

115. Date of commencement of non-agricultural assessment: - I [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.

1[116. ****]

Section 116 was deleted by Mah. 9 of 2002 s.3.

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 handlooms, 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 under this Code declare to be exempt, for such period and subject to such conditions as may be specified therein;

(6) such agricultural lands (outside a gaothan, if any) in a non-urban area, agricultural use for purposes of residential buildings as the State Government may, by notification in the Official Gazette, specify.

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.

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.

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

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

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.

(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.

(I) 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.

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 holder thereof shall be liable to the payment of nonagricultural 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.

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.

(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.

(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.

Every holder of a building site as aforesaid and every holder of a building site newly formed or first used a$ such, after the completion of a survey under section 126 shall be entitled, where the holder is required to pay survey fee provided therefore, 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 one rupee 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 one rupee for each sanad.

131. Duplicate sanads may be granted :- If any holder informs the Collector that the sanad anted to him has been lost or destroyed by accident, a copy of the sanad granted to him under section 29 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

Provided that, in the villages in the districts of Nagpur, Chanda, Wardha, and Bhandara and that 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 demarcation in the Official Gazette, direct.

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 survey number or sub-division of a survey number, it shall be decided by the Collector after holding a formal inquiry at which the village officers and all persons interested shall have an opportunity of appearing and producing evidence.

(1) The Collector may, on the application of a party interested, demarcate the boundaries of a survey number or of a subdivision 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, 139 and 140.

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 regularise or straighten out the boundaries of the field or holding as desired by the applicant, he may, subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, prepare a plan to revise the boundaries of such field or holding and for payment of compensation by the applicant to persons who would suffer loss of land on account of such revision and publish the same in 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.

(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 there under 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 there under 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.

(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 landholder 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 lands 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 date of the order.

(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 -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 herein before provided.

(3) The boundary marks and survey marks shall be of such description, and shall be constructed, out, maintained or repaired in such manner and shall be of such dimensions and materials as 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.

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.

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.

(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 6r 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 Melgbat 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.

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

(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.

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, reconstitute 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 plot as they apply in relation to the construction, maintenance and repair of 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.

A-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 mortgages 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 the relevant tenancy law;

(c) the nature and extent of the respective interests of such persons 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 prescribed by rules made in this behalf, either generally or for purposes of any area specified therein.

Any person acquiring by Succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right 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 acknowledgement of the receipt of such report to the person making it :

Provided that, where the person acquiring the right is a 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 do 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.

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.

(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.

(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 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 object 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 till such entry has been duly certified.

(6) Entries in the register of mutations shall be tested and if found correct, or after correction, the case may be, shall be certified by any revenue or survey officer not below the rank of an Aval karkun in such manner as may be prescribed:

1[Provided that, entries in respect of which there is no dispute may be tested and certified by circle Inspector:

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

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

(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 possession 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 therefore), on making an application in that behalf in writing, may be supplied by the Tidathi 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. '[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 ma& there under until provision is made for preparing, issuing and maintaining the booklet in any other form or manner under the rules made in that behalf by the State Government.

2[(7) Every information in so far as it relates to 1he records 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 there under shall be presumed to be true until ,the contrary is proved or until such information is duly modified under this Code.]

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(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 8 1, 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.,

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

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 therefore.

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

B - Rights in Unoccupied Land

(1) The Collector shall consistently with the provisions of this Code and the rules made there under, 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 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.

The following matters shall be provided in a Patrak, that is to say, the terms and conditions on which grazing of cattle in the village will be permitted; the terms and conditions on which and the extent to which any resident of the village may obtain-

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

(c)

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

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

(b) removal free of charge by the residents of the village for their bonafide 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 c-raft. ,

(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.

(12) The residents of a village having a right of grazing cattle in the neighbouring village under subsection (1), or Government forest may make an application to the Collector for recording their right of passage for the purpose of exercising the tights.

(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 villages mentioned in sub-section (1) lie in different districts the following provisions shall apply, namely

(a) the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies;

(b) any orders regarding route of passages- shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies;

(c) the Collector passing an order in accordance with clauses (a) and (b) shall, consult in writing the other Collector concerned.

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

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

(2) The record made in pursuance of sub-section (1) shall be published by the Collector in such manner as he may deem fit and it shall, subject to the decision of a Civil Court in the suit instituted under sub-section (3), be final and conclusive.

(3) Any person aggrieved by any entry made in such record may, within one year from the date of the publication of' such record under sub-section (2), institute a suit in a Civil Court to have that 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.

(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 6 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 he 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 X1-REALISATION OF LAND REVENUE AND OTHER REVENUE DEMANDS

(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 a tenant, such tenant if he is liable to pay land revenue therefore 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 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 persons 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.

(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 mortgage, judgement-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.

(a) 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 installments 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 whereat such installments shall be paid.

(3) The payment of land revenue to the person prescribed under sub-section (2) may be made in cash or may, at the cost of the remitter, be remitted by money order.

(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).

(1) If owing to disputes amongst the shares, 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 a 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 tirne as the Collector may direct.

The temporary attachment and management 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 up to 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 installments, if any, in which it is payable under the provisions hereinafter contained.

Any land revenue due and not paid on or before the prescribed dates becomes there from an arrear and the persons responsible for it under the provisions of section 168 or otherwise become defaulters.

If any installment of land revenue or any part thereof is not paid within one month after the prescribed (late, the Collector may in the case of a wilful defaulter impose a penalty not exceeding twenty-five per cent of the amount not so paid :

Provided that, no such penalty shall be imposed for non-payment of any installment (the payment of which is suspended by the order of the State Government) in respect of the period during which the payment remained suspended.

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

An arrear of land revenue may be recovered by any one 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 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 immovable 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 agriculturists, 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.

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

(2) The Commissioner may from time to time make orders of 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.

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 defaulters' 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.

(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.

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

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(2) The Collector or the agent so appointed shall be entitled to manage the lands attached and to receive all rents and profits accruing there from 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, 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 there from the sum due to the State Government and expenses of the sale.

(1) At any time after any arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody for ten days in the office of the Collector or of a Tahsildar unless the revenue due together with the penalty or interest and the cost of arrest and of notice of demand and the cost of his subsistence during, detention is sooner paid:

Provided that, no such arrest shall be made unless the default is wilful and the defaulter is given an opportunity to show cause against his arrest and detention.

(2) If, on the expiry of ten days the amount due by the defaulter is not paid then, or if the Collector deems fit on any earlier day, he may be sent by the Collector with a warrant, in the form of Schedule A for imprisonment in the civil jail of the district:

Provided that, no defaulter shall be detained in imprisonment for a longer period than the time limited by law in the case of the execution of a decree of a Civil Court for a debt equal in amount to the arrear of revenue due by such defaulter.

The lands of any village or share of a village so attached shall revert to the State Government unaffected by the acts of the superior holder or of any of the sharers, or by any charges or liabilities subsisting against such lands, or against such superior holder or sharers as are interested therein, so far as the public revenue is concerned, but without prejudice in other respects to the rights of individuals; and the Collector or the agent so appointed shall be entitled to manage the lands attached, and to receive all rents and profits accruing there from to the exclusion of the superior holder or any of the shares thereof, until the Collector restores the said superior holder to the management thereof.

All surplus profits of the lands attached, beyond the cost of such attachment and management, including the payment of the current revenue, and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of section 187 shall be applied in defraying the said arrear.

from the commencement of the agricultural year next after the attachment -

(a) if at the time that such application is made it shall appear that the arrear has been liquidated; or

(b) if the said superior holder is willing to pay the balance, if any, still due by him, and shall do so within such period as the Collector may specify in that behalf.

(2) The Collector shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made after defraying all arrears and costs, but such surplus receipts, if any, of previous year shall be at the disposal of the State- Government.

If no application be made for the restoration of a village or portion of a village so attached within the said period of twelve years, or if, after such application has been made, the superior holder fails to pay the balance, if any, still due by him within the period specified by the Collector in this behalf, the said village or portion of a village shall thence forward vest in the State Government free from all encumbrances created by the superior holder or any of the sharers or any of his or their predecessors-in--title, or in anywise subsisting as against such superior holder or any of the sharers, but without prejudice to the rights of the persons in actual possession of the land.

(I) Any defaulter detained in custody, or imprisoned, shall forthwith be set at liberty and tile execution of any process shall, at any time, be stayed, on the defaulter's giving before the Collector or other person nominated by him for the purpose, or if the defaulter is in jai l, before the officer, in charge of such jail, security in the form of Schedule B satisfactory to the Collector or to Such other person or officer.

(2) Any person against whom proceedings are taken under this Chapter may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment, the proceedings shall he stayed.

(1) When any sale of either movable or immovable property is ordered tinder the provision of this Chapter, the Collector shall issue a proclamation in the prescribed form with its translations in Marathi of the intended sale, specifying the time and place of sale, and in the case of movable property whether the sale is subject to confirmation, or not and when land paying revenue to the State Government is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary.

(2) Such proclamation. shall be made by beat of drum at the headquarters of the taluka and in the village in which the immovable property is situate, if the sale be of immovable property; and if the sale be of movable property, the proclamation shall be made in the village in which such property was seized, and in such other places as the Collector may direct.

(3) A copy of the proclamation issued under this section where it relates to the sale of any holding shall be -sent to the Co-operative Bank or the Land Development Bank of both operating within the area in which the holding is situate.

193. Notification of sales (1) A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, namely

(a) the office of the Collector of the District,

(b) the office of the Tahsildar of the taluka in which the immovable property is situate,

(c) the chavdi, or some other public building in the village in which it is situate, and

(d) the defaulter's dwelling place.

(2) In the case of movable property, the written notice shall be affixed in the Tahsildar's office, and in the Chavdi, or some other public building in the village in which such property was seized.

(3) The Collector may also cause notice of any sale, whether of movable or immovable property, to be published in any other manner that he may deem fit.

(4) A notice referred to in this section shall be in such form as may be prescribed.

194. Sale by whom to be made,, time of sale etc. :- (1) Sales shall be made by auction by such persons as the Collector may direct.

(2) No such sale shall take place on Sunday or other general holiday recognized by the State Government, nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by section 193.

The sale may from time to time be postponed for any sufficient reason:

Provided that, when the sale is postponed for a period, longer than thirty days, a fresh proclamation and notice shall be issued unless the defaulter consents to waive it,

Nothing in sections 192,193,194 and 195 applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay, in accordance with such orders as may from time to time be made by the Collector either generally or especially in that behalf.

If the defaulter or any person on his behalf, pays the arrear in respect of which the property is to be sold and all other charges legally due by him at any time before the property is knocked down, to the person prescribed under section 170 to receive payment of the land revenue due, or to the officer appointed to conduct the sale or if he furnishes security under section 19 1, the sale shall be stayed.

Sales of perishable articles shall be at once finally concluded by the officer conducting such sales, All other sales of movable property shall be finally concluded by the officer conducting such sales or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.

(1) When sale is subject to confirmation, the party, who is declared to be the purchaser shall be required to deposit immediately twenty five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

(2) The full amount of purchase money shall be paid by the purchaser before the sunset of the third day after he is informed of the sale having been confirmed, or if the said third day be a Sunday or other authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase money, the purchaser shall be granted, a receipt for the same, and the sale shall become absolute as against all persons whomsoever '[after the expiry of a period of seven days from the date of sale, if no application is made under section 206, or if made, after it is rejected].

In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum of the amount of his bid, and in default of such deposit, the property shall forthwith be again put up and sold.

The full amount of purchase-money shall be paid by the purchaser before the expiration of two months from the date on which the sale of the immovable property took place or before the expiration of fifteen days from the date on which the intimation of confirmation of the sale is received by the purchaser, whichever is earlier:

Provided that, if the last date on 'which the purchase-money is to be paid happens to be a Sunday or other authorised holiday, then the payment shall be made before the sunset of the first office day after such date.

In default of payment within the- prescribed period of the full amount of purchase-money, whether of movable or immovable property, the deposit after defraying there out the expenses of the sale, shall be forfeited to the State Government, and the property shall be resolve, and the defaulting purchaser shall forfeit all claims to the property or any part of the sum for which it may be subsequently sold.

Every resale of property in default of payment of the purchase money, shall, except when such resale takes place forthwith, be made after the issue of a notice in the manner prescribed for original sale.

Sales of movables, except perishable articles, may be set aside on the ground of some material irregularity or mistake in publishing or conducting it if a person (on application made within seven days from the date of sale) proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.

1
[Provided that, such application may be made by a defaulter who is a person belonging to a Scheduled Tribe or any person on his behalf, within one hundred and eighty days from such date.]

(2) If the application be allowed, the Collector shall set aside the sale, and direct a fresh one.

On the expiration of thirty days 1[or, as the case may be, one hundred and eighty days] from the date of the sale, if no such application as is mentioned in section 207 has been made, or if such application has been made and rejected, the Collector shall-make an order confirming the sale :

Provided that, if he has reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been rejected, he may, after recording his reasons in writing, set aside the sale.

Except in a case, where land has been sold for arrears which form a change on the land, the purchaser may, at any time within thirty days from the date of sale, apply to the Collector to set aside the sale on the ground that the defaulter had no saleable interest in the property sold; and the Collector shall, after due enquiry, pass such 'orders on such application as he deems fit.

(1) Where immovable property has been sold under this Code, any person either owning such property or holding an interest therein by virtue of a title acquired before such sale may, at any time within thirty days from the date of sale, apply to the Collector to have the sale set aside on his depositing

(a) for payment to the purchaser a sum equal to five per cent of the purchase-money;

(b) for payment on account of the arrear, the amounts specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may have been paid since the date of sale on that account; and

(c) the cost of the sale

[
Provided that, such application may be made by any such person belonging to a Scheduled Tribe within one hundred and eighty days from the date of sale.]

(2) If such deposit is made within thirty days 2[or as the case may be, one hundred and eighty days from the date of sale, the Collector shall pass an order setting aside the sale].

Whenever the sale of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be and the sum equal to five per cent of the purchase money deposited under clause (a) of sub-section (1) of section 210.

Certificate of purchase After a sale of any occupancy or alienated holding has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the land and-shall cause his name to be entered in the land records as occupant or holder in lieu of that of the defaulter and shall grant him a certificate to the effect that he has purchased the land to which the certificate refers.

The certificate shall state the name of the person declared at the time of sale to be the actual purchaser; and any suit brought in a Civil Court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.

(1) When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the defaulter at the date of the confirmation of such sale, and recoverable as an arrear of land revenue and any other sum recoverable from the defaulter as an arrear of land revenue and notified to the Collector before the confirmation of such sale, and the surplus, if any, shall be paid to the person whose property has been sold.

(2) The expenses of sale shall be estimated at such rates and according to such orders as may from time to time be sanctioned by the Commissioner under the orders of the State Government.

The said surplus shall not, except under an order of a Civil Court, be payable to any creditor of the person whose property has been sold.

Notwithstanding anything contained in section 168, the person named in the certificate of title as purchaser shall not be liable for land revenue due in respect of the land for any period previous to the date of the sale.

Where immovable property is sold under the provisions of this Chapter and such sale has been confirmed, the property shall be deemed to have vested in the purchaser on the date when the property is sold and not on the date when the sale was confirmed.

(1) If any claim is set up by a third person to the property attached or proceeded against under the provisions of this Code, the Collector may on a formal inquiry held after reasonable notice, admit or reject it.

(2) The person against whom an order is made under sub-section (1) may, within one year from the date of the order, institute a suit to establish the right which he claims to the property attached or preceded, against, but subject to the result of such suit, if any, the order shall be conclusive.

Whereat any sale-held under the provisions of this Chapter, there

is no bidder or the bids made are inadequate or nominal, it shall be lawful for the Collector to authorise any of his subordinates to purchase such property on behalf of the State Government for such bid as such subordinate may make:

Provided that, if the property so purchased is subsequently sold by the State Government within twelve years of the purchase, the following amounts shall be recovered from the sale proceeds and the surplus, if any, shall be paid to the person whose property has been sold, namely

(a) dues, that is, the principal outstanding with interest;

(b) loss of revenue, if any, caused to the State Government during the period the land remains with the State Government and no person takes it on lease or otherwise;

(c) actual expenditure incurred in the auction sale;

(d) penalty equal to one-fourth of the principal:

Provided further that, if the property, is not subsequently sold as aforesaid, it may be returned or granted on the tenure on which he held it immediately before its purchase by Government, as the case may be, to the defaulter on his paying the amounts specified in the previous proviso, at any time within a period of twelve years from the date of purchase on behalf of the State Government.

(1) (a) All sums due on account of land revenue, rent, quit-rents, nazranas, succession duties, transfer duties and forfeitures, cesses, profits from land, emoluments, fees, charges, fines, penalties, water rates, royalty, costs, payable or leviable under this Code or any enactment for the time being in force relating to land revenue;

(b) all moneys due by any contractor for the farm of any tax, duty, cess or fee or any other item of revenue whatsoever, and all specific pecuniary penalties to which any such contractor renders himself liable under the terms of his agreement;

(c) all sums declared by this Code or any law for the time being in force or by any agreement or contract with the Government to be leviable as an assessment or as a revenue demand or as an arrear of land revenue, shall be levied under the foregoing provisions of this Chapter and all the provisions of this Chapter shall, so far as may be, applicable thereto.

(2) In the event of the resumption of any farm referred to in clause (b) of sub-section (1), no person shall be entitled to any credit for any payments which he may have made to the contractor in anticipation.

Any person who has received from the State Government a free grant of money for any agricultural purpose, subject to the condition that he shall refund the same on failure to observe any of the conditions of the grant, shall, on failure to observe any such condition and to repay the said sum to the State Government be liable to be proceeded against under the provisions of this Chapter as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, be applicable to such person.

Every person may have become a surety under any of the provisions of this Code, or under any other enactment or any grant, lease or contract where under the sum secured is recoverable from the principal as an arrear of land revenue including a contractor referred to in clause (b) of sub-section (1) of section 221 shall, on failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against under the provisions of this Code as a revenue defaulter; and all the foregoing provisions of this Chapter shall, so far as may be, be applicable to such person.

CHAPTER XII-PROCEDURE OF REVENUE OFFICERS

In all official acts and proceedings revenue officer shall, in the absence of any express provision of law or any rule made there under to the contrary, be subject as to the place, time and manner of performing his duties to the direction and control of the officer to whom he is subordinate.

Whenever it appears to the State Government that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one revenue officer to another revenue officer of an equal or superior rank in the same district or any other district.

(1) A Commissioner, a Collector, a Sub Divisional Officer or a Tahsildar may make over any case or class of cases, arising under the provisions of this Code or any other enactment for the time being in force, for decision from his own file to any revenue officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases. from any such revenue officer and may deal with such case or class of cases himself or refer the same for disposal to any other revenue officer competent to decide such case or class of cases.

2) A Commissioner, a Collector, a Sub-Divisional Officer, or a Tahsildar may make over for inquiry and report any case or class of cases arising under the provisions of this Code or any other enactment for the time being, in force from his own file to any revenue officer subordinate to him.

(1) Every revenue or survey officer not below the rank of an Aval Karkun or a District Inspector of Land Records in their respective departments shall have power to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness, or to produce documents for the purposes of any inquiry in which such officer is legally empowered to make. A summons to produce documents may be for the production of certain specified documents for or the production of all documents of a certain description in the possession of the person summoned.

(2) Subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908, all persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct.

(3) All persons summoned as aforesaid shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required.

(1) Every summons shall be in writing in duplicate, and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and if he has a sea] shall also bear his seal.

(2) The summons shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence.

(3) If his usual residence be in another district, the summons may be sent by post to the Collector of that district, who shall cause it to be served in accordance with the provisions of sub-section (2).

If any person on whom a summons to attend as witness or to produce any documents has been served fails to comply with the summons, the officer by whom the summons is issued under section 227 may,

(a) issue a bailable warrant of arrest;

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

(c) impose upon him a fine not exceeding fifty rupees.

(1) Subject to the provisions of this Code and the rules made there under, every notice under this Code may be served either by tendering or delivering a copy thereof, or sending such copy by post to the person on whom it is to be served, or his authorised agent, or, if service in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place or residence or at someplace of public resort in the village in which the land to which the notice relates is situated or from which the land is cultivated.

(2) No such notice shall be deemed void on account of any error in the name or designation of any person, or in the description of any land, referred to therein, unless such error has produced substantial injustice.

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

(1) If on the date fixed for hearing a case or proceeding, a revenue officer or survey officer finds that summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees.

(2) If any party to a case or proceeding before the revenue officer or survey officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed in default.

(3) The party against whom any order is passed under sub-section (1) or (2), may supply within thirty days from the date of such order to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite 'process fees' for service of a summons or notice on the opposite party or for appearing at the hearing and the revenue officer or survey officer may, after notice to the opposite party which was present on the date on which such order was passed and after making such enquiry as he considers necessary set aside the/order passed.

(4) Where an application filed under sub-section (3) is rejected, the party aggrieved may file an appeal to the authority to whom an appeal lies from an original order passed by such officer.

(5) Except as provided in sub-section (4) or except where a case or proceeding before any such officer has been decided on merits, no appeal lies from an order passed under this section.

(1) A revenue or survey officer may, from time to time, for reasons to be recorded, adjourn the hearing of a case or proceeding before him.

(2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

(1) In all formal inquiries the evidence shall be taken down in full, in writing, in Marathi, by or in the presence and bearing and under the personal superintendence and direction of, the officer making the investigation or inquiry, and shall be signed by him. The officer shall read out or cause to be read out the evidence so taken to the witness and obtain his signature thereto in token of its correctness.

(2) In cases in which the evidence is not taken down in full in writing by the officer making the inquiry, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall, be written and signed by such officer with his own hand, and shall form part of the record.

(3) If such officer is prevented from making a memorandum as required aforesaid, he shall record the reason of his inability to do so.

(4) When the evidence is given in English, such officer may take it down in that language with his own hand, and an authenticated translation of the same in Marathi shall be made and shall form part of the record.

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

In summary inquiries, the revenue officer o survey officer shall himself, as any, such inquiry proceeds, record a minute of the proceedings in his own hand in English or in Marathi embracing the material averments made by the parties' interest, the material parts of the evidence, the decision, and the reasons for the same:

Provided that, it shall at any time be lawful for such officer to conduct an inquiry directed by this Code to be summary under all, or any of the rules applicable to a formal inquiry, if he deems fit.

(1) A formal or summary inquiry under this Code shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code, and the office of any authority holding a formal or summary inquiry shall be deemed a Civil Court for the purposes of such inquiry.

(2) Every hearing and decision whether in a formal or summary inquiry, shall be in public, and the parties or their authorised agents shall have due notice to attend.

In all cases in which a formal or summary inquiry is made, authenticated copies and translations of decisions, orders, and the reasons therefore, and of exhibits, shall be furnished to the parties, and original documents used as evidence shall be restored to the persons who produced them, or to persons claiming under them on due application being made for the same, subject to such charges for copying, searches, inspection-and other like matters as may, from time to time, be prescribed by the State Government.

Whenever it is provided by this Code, that a defaulter, or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer competent to direct such person's arrest.

All revenue and survey officers and when under their observation and control, their servants and workmen when so directed, may enter upon and survey land and demarcate boundaries and do other acts connected with the lawful exercise of their office under this Code or any other law for the time being in force relating to land revenue and in so doing shall cause no more damage than may be required for the due performance of their duties

Provided that, no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours' notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

(a) by serving a notice on the person or persons in possession requiring them (within such time as may appear reasonable after receipt of the said notice) to vacate the land, and

(b) if such notice is not obeyed, by removing, or deputing a subordinate to remove, any person who may refuse to vacate the same, and

(c) if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person, and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar, or send him with a warrant in the form of Schedule D, for imprisonment in the civil jail of the district for such period not exceeding thirty days, as may be necessary to prevent the continuance of such obstruction or resistance.

A revenue or survey officer may give and apportion costs incurred in any case or proceeding arising under this Code or any other law for the time being in force in such manner and to such extent as he thinks fit:
Provided that, the fees of a legal practitioner shall not be allowed as costs in any case or proceedings, unless such officer considers otherwise for reasons to be recorded by him in writing.

Save as otherwise provided in any other enactment for the time being in force, all appearances before, applications to and acts to be done before, any revenue or survey officer under this Code or any other law for the time being in force may be made or done by the parties themselves or by their recognised agents or by any legal practitioner:

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

1[245.

CHAPTER XIII-APPEALS, REVISION AND REVIEW

1[246. *1

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(1) In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column I of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not ,such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column I of the said Schedule :

Provided that, in no case the number of appeals shall exceed two.

(2) When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal should lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code.

(1) An order passed in review varying or reversing any order shall be appealable in the like manner as an original decision or order.

(2) An order passed-in revision varying or reversing any order shall be appealable as if it were an order passed by the revisional authority in appeal.

No appeal shall be brought after the expiration of sixty days if the decision or orders complained of have been passed by an officer inferior in rank to a Collector or a Superintendent of Land Records in their respective departments; nor after the expiration of ninety days in any other case. The period of sixty and ninety days shall be counted from the date on which the decision or order is received by the appellant.

In computing the above periods, the time required to obtain a copy of the decision or order appealed against shall be excluded.

Any appeal or an application for review under 'this Chapter may be admitted after the period of limitation prescribed therefore when the appellant or the applicant, as the case may be, satisfies the officer or the State Government to whom or to which he appeals or applies, that he had sufficient cause for not presenting the appeal or application, as the case may be, within such period.

No. appeal shall lie from an order

(a) admitting an appeal or an application for review under section 251

(b) rejecting an application for revision or review; or

(c) granting or rejecting an application for stay.

Whenever the last day of any period provided in this Chapter for presentation of an appeal or an application for review falls on a Sunday or other holiday recognised by the State Government the day next following the close of the holiday shall be deemed to be such last day.

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it:

Provided that, the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.

(2) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent.

(3) After hearing the parties, if they appear, the appellate authority may, for reasons to be recorded in writing, either annul, confirm, modify or reverse the order appealed against, or may direct such further investigation to be made, or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence; or may remand the case for disposal with such directions as it thinks fit.

(1) A revenue or survey officer who has passed any order or his successor in office may, at any time before the expiry of the period, prescribed for appeal, direct the execution of such order to be stayed for such time as he thinks fit, provided no appeal has been filed.

(2) The appellate authority may, at any time, direct the execution of the order appealed from, to be stayed for such time as it may think fit.

(3) The authority exercising the powers of revision or review may direct the execution of the order under revision or review, as the case may be, to be stayed for such time as it may think fit.

(4) The appellate authority or the authority exercising the powers of revision or review may set aside or modify any direction made under sub-section (1).

(5) The revenue or survey officer or the authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

(6) No order directing the stay of execution of any order shall be passed, except in accordance with the provisions of this section.

(1) The State Government and any revenue or survey officer, not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer, for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer.

(2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may in the same manner call for and examine the proceedings of any officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held.

(3) If in an\ case, it shall appear to the State Government, or to any officer referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings so-called for should be modified, annulled, or reversed, it or he may pass such order thereon as it or he deems fit :

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

Provided further that, an Assistant or Deputy Collector shall not himself pass such order in any matter in which a formal inquiry has be ' en held, but shall submit the record with his opinion to the Collector, who shall pass such order thereon as he may deem fit.

(1) The State Government and every revenue or survey officer may, either on its or his own motion or on the application of any party interested, review any order passed by itself or himself or any of its or his predecessors in office and pass such orders in reference thereto as it or he thinks fit :

Provided that,

(i) if the Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed, on the ground other than that of clerical mistake, he shall first obtain the sanction of the Commissioner or the Settlement Commissioner, as the case may be, and if an officer subordinate to a Collector or Settlement Officer proposes to review any order on the ground other than that of clerical mistake, whether such order is passed by himself for his predecessor, he shall first obtain the sanction of the authority to whom he is immediately subordinate;

(ii) no order shall be -varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(iii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending, be reviewed;

(iv) no order affecting any question of right between private persons shall be reviewed except on an application of a party to the proceedings, and no such application for review of such order shall be entertained unless it is made within ninety days from the passing of the order.

(2) No order shall be reviewed except on the following grounds, namely

(i) discovery of new and important matter or evidence;

(ii) some mistake or error apparent on the face of the record;

(iii) any other sufficient reason.

(3) For the purposes of this section the Collector shall be deemed to be the successor in office of any revenue or survey officer who has left the district or who has ceased to exercise powers as a revenue ors survey officer and to whom there is no successor in the district.

(4) An order which has been dealt with in appeal or on revision shall not be reviewed by any revenue or survey officer subordinate to the appellate or revisional authority.

(5) Orders passed in review shall on no account be reviewed.

Whenever in this Code it is provided that a decision or order shall be final or conclusive, such provision shall mean that no appeal lies from any such, decision or order; but it shall be lawful to the State Government alone to modify, annul or reverse any such decision or order under the provisions of section 257.

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

The provisions of this Chapter extend to the City of Bombay only.

In this Chapter unless the context requires otherwise, -

1[(Ia) "City Tenures Abolition Act" means the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969J

(a) "holder" in relation to any land, means the occupier of such land, or where rent is paid for such land, any person in receipt of rent for such land who does not pay rent to another person;

Explanation :- "Rent" in this clause does not include, money paid for land to the Government or to the Municipal Corporation of Greater Bombay or to the Trustees of the Port of Bombay or to a fazendar, except when such money is paid by a person holding such land on a tenancy for a term of less than one year;

[(a) "revenue division" means such local area in the City of Bombay as the Collector may, subject to the orders of the State Government, by an order in the Official Gazette, constitute to be a revenue division for the purpose of determining the standard rate of assessment of lands therein]

(b) "superior holder" means the person having the highest title under the State Government to any land in the City of Bombay;

(c) "survey" includes identification of boundaries and all other operations antecedent to, or connected with survey;

(d) "survey-boundary-mark" means primarily any iron or other marks set up by the officers who conducted Bombay City Survey hereinafter described; and include any such new mark that may hereafter be set up by the Collector or under his orders, according to the provisions of this Chapter.

1[(e) words and expressions used but not defined in this Chapter shall have the meanings respectively assigned to them in the City Tenures Abolition Act.]

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(1) It shall be the duty of the Collector to fix and to levy the assessment for land revenue subject to the provisions of sub-section (2) and sub-section (3).

(2) Where there is a right on the part of a superior holder in limitation of the right of the State Government to assess, then, subject to the provisions of the City Tenures Abolition Act, the assessment shall be fixed in accordance with this Chapter.

(3) Where there is a right on the part of a superior holder in limitation of the right of the State Government to assess in consequence of a specific limit established and preserved, and not abolished under the City Tenures Abolition Act, the assessment shall Dot exceed such specific limit.]

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Except as provided in the City Tenures Abolition Act for the initial assessment of land held on inami or special tenure, the rate of assessment of such lands in each revenue division shall not exceed such percentage of the average of the market value thereof, when used as inbuilt plots, as the State Government may, from time to time, fix in this behalf on the basis of the bank rate of interest published by the Reserve Bank of India under section 49 of the Reserve Bank of India Act, 1934

(1) Subject to the provisions of section 262A, the Collector shall, with the approval of the State Government, fix the rate of assessment per square metre of land in each revenue division (to be called 'the standard rate of assessment') which shall be a sum equal to such percentage of the average of the market value of the unbuilt plots in each division as may have been fixed by the State Government under section 262A.

(2) The market value shall be estimated in the prescribed manner on the basis of

(a) sales of land in the revenue division during the period of fifteen years immediately preceding the year in which proceedings for the fixation of the standard rate of assessment are initiated-,

(b) awards relating to the acquisition of land under the Land Acquisition Act, 1894, in the revenue division during the period of fifteen years aforesaid;

(c) rental value of lands in the revenue division during the period aforesaid;

(3) The actual assessment of an individual plot in each revenue division shall be fixed by the Collector at an amount equal to the product of the standard rate of assessment in rupees per square metre and the area of the plot in square meter, rounded off in the prescribed manner (hereinafter referred to as 'the full assessment).

(4) Any person aggrieved by the decision of the Collector regarding the standard rate of assessment or market value of lands in any revenue division, may '[appeal to the Commissioner];

-2[* * *]

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

1. These words were substituted for the words "appeal to the State Government" by Mah.47 of 1981, S.9(a)..

2. Proviso was deleted, ibid., S.9(b).

Section 13 of Mah.47 of 1981 reads as under

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

The standard rate of assessment fixed for each division shall come into force from the lst day of the revenue year immediately following the year in which the rate is fixed; and notwithstanding any alteration in the bank rate of interest or average market value of lands referred to in section 262A, shall remain in force for a period of ten years; and shall be liable to be revised in accordance with the provision of this Chapter after the expiry of the said period. Until it is so revised, the rate fixed as aforesaid shall be deemed to be in force.

(1) Notwithstanding any alteration in the bank rate of interest referred to in section 262A, or the revision of the standard rate of assessment, the assessment fixed in respect of any land under this Chapter shall remain in force for a period of fifty years from the date on which it is fixed (such period being called the period of guarantee'].

(2) On the expiry of the period of guarantee, the assessment shall be liable to revision and the foregoing provisions of this Chapter shall, so far as may be, apply to such revision.

(3) Until the assessment is so revised, the assessment made shall continue in force notwithstanding the expiry of the period of guarantee.]

(1) The settlement of the assessment of each portion of land to the land revenue shall be made with the superior holder of the same.

(2) If the superior holder be absent and have left no known, authorised agent in Bombay, or if there be a dispute as to who is entitled to be considered the superior holder of the land, the settlement may be made with the person actually in possession of the land and any assessment so fixed shall be binding upon the rightful superior holder of the land,

(3) Any payment made by the person in possession in accordance with the provision of this Code shall be deemed to have been made on behalf of the superior holder.

(4) Where the superior holder or the person in possession cannot be readily ascertained, the Collector shall give notice calling on all persons claiming the right of a superior holder in or over the said land or right to the possession thereof, to intimate such claim to the Collector at his office.

(5) If no person asserts such right by informing the Collector as aforesaid within twenty-one days from the date of such notice, the Collector may assess such land at his discretion, and the superior holder and every person then or thereafter in possession of the land shall be liable accordingly.

(1) The superior holder of land or in his absence the person actually in possession shall be liable in person and property for the land revenue due upon the holding.

(2) Arrears of land revenue due on account of land shall, on failure by the persons interested therein to pay the same on or before the date specified in that behalf in a notice demanding payment posted on or near the land, be a paramount charge on the land and on every part thereof.

(1) Arrears of land revenue due on any land under this Chapter shall have precedence over any other debt, demand or claim whatsoever, whether in respect of mortgage, judgement decree, execution, attachment or otherwise howsoever, against such land, or the superior holder thereof.

(2) The claim of the State Government to any moneys other than the arrears of land revenue but recoverable as a revenue demand under the provisions of this Chapter shall have priority over all unsecured claims against any land.

Subject to such orders as may be passed by the State Government, the Collector shall from time to time give orders and make known the same by notice, to be served on all superior holders of land paying revenue, or in their absence persons in possession, regulating the persons, places and times to whom and within which the revenue payable in respect of any land shall be paid

Provided that, where the assessment leviable in any case under the provisions of this Chapter does not exceed one rupee per annum, it shall be lawful for the Collector subject to the orders of the State Government to levy, in lieu of such assessment, a single lump sum of such amount as the Collector, subject as aforesaid deems to be a fair equivalent of the assessment but not in any case exceeding thirty times the assessment.

(I) If any land revenue is not paid, at or within, the time when it becomes payable the Collector may, on or after the day following that on which the arrears accrue due, cause a notice of demand to be served on the superior holder or on the person in possession, or on both.

(2) Every person to whom any such notice is issued shall be chargeable in respect thereof with a fee not exceeding two rupees calculated according to the rates specified in this behalf in the table in Schedule F

Provided that, in no case shall the fee chargeable for any notice exceed the amount of the land revenue in respect of which the said notice is issued.

(3) If the superior holder or person in possession as the case may be, shall, for the space of twenty days after service of written notice of demand of payment, fail to discharge the revenue due, it shall be lawful for the Collector to levy the same by

(a) attachment and sale of the defaulter's movable property: or

(b) attachment and sale of such portion of the land on which the revenue is due as may be required to satisfy the demand; or

(c) attachment and sale of the right, title and interest of the defaulter in any other immovable property.

Such sales shall be by public auction and shall not take place until at least fifteen days after notice thereof shall have been published in the Official Gazette.

Sales under the provisions in this Chapter shall be conducted in accordance with the provisions contained in sections 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219 and 220 of this Code:

Provided that, a sale may from time to time be postponed for any sufficient reason recorded in that behalf-, and when the sale is postponed for a period longer than thirty days, a fresh notice shall be issued unless the defaulter consents to waive it.

If the sale of the defaulter's property does not satisfy the demand in respect of the arrears of land revenue, it shall be lawful for the Collector, to cause the defaulter to be apprehended and confined in the civil jail according to the law in force in the City of Bombay for the confinement of debtors, for which purpose a certificate of demand under the Collector's signature sent with the defaulter shall be the Sheriff's sufficient warrant equally with the usual legal process in ordinary cases of arrest in execution of judgement for debt :

Provided that no Such apprehension shall be made unless the default is wilful and the defaulter is given an opportunity to show cause against his apprehension and confinement:

Provided further that, such imprisonment shall cease at any time upon payment of the sum due and that it shall in no case exceed,

(i) a period of six months when the sum due is more than fifty rupees; and

(ii) a period of six weeks in any other case.

(2) The Collector's decision as to what property is so entitled to exemption shall be conclusive.

2[3[the Commissioner,] 4[* * *1 for the purpose of contesting the legality of the Collector's decision and will fulfill the order that may be passed against him, and will pay all costs and interest which may be so ordered or that, if he fails to file an appeal as above specified, he will when required, pay the amount demanded.

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All compulsory process against a defaulter shall cease on his paying or tendering the amount demanded of him under protest to the officer executing such process or on his filing an appeal before 1[2 [the Commissioner] 3[* * *1 to contest the legality of the demand and furnishing security satisfactory to the Collector, 2[the Commissioner,] 4[* that he will be pending the decision of the said appeal neither quit the jurisdiction nor remove nor transfer his property therein, without providing to the satisfaction 5[of 2[the Collector of the Commissioner, 6[* ]for the execution of the order passed in appeal.

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Fees shall be payable according to the table in Schedule G on all warrants issued under the provisions of section 269 or the attachment and sale of the property of defaulters by the person in respect of whose property such warrants are issued, and an additional fee of twenty-five paise per them shall be paid in like manner in respect of each peon employed, whenever the property distrained is placed in charge of any pen or peons.

274. Appeals before 2[Concerned Divisional Commissioner] :- '[Except as provided in sub-sections (4) and (5) of section 262B, an appeal] shall lie against any decision or order passed by the Collector or any of his assistants or other subordinates exercising the powers of the Collector under this Chapter to the 2[Concerned Divisional Commissioner.]

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Notwithstanding anything contained in the Bombay Court-fees Act, 1959, and in section 324 of the Code, every appeal before I [the Divisional Commissioner] shall bear a court-fee stamp of such value as may be prescribed by rules under this Chapter.

It shall be lawful for the State Government to grant lands free of price and free of revenue, whether in perpetuity or for a term of years, and on such other terms and conditions (if any) as may be annexed to the grant.

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The Bombay City Survey and Boundary Marks

The latest survey completed under the authority of the State Government shall be called "the Bombay City Survey" and the demarcation of lands then made, and all the records of the said survey (including alteration or correction made therein before the commencement of this Code) shall be taken as prima facie evidence for all proceedings under and for all the purposes of this Chapter:

Provided that, the Collector may, on the application of the parties interested in such land, and shall, in pursuance of a decree or order of a competent court, cause any alteration or correction to be made of any such demarcation of lands, or of any entry in any such record.

(1) The State Government may, whenever it thinks fit, order that a survey shall be made of the lands situated in the City of Bombay and for such purpose may appoint a Superintendent of Survey, one or more Assistant Superintendent of Survey.

(2) The Assistant Superintendents shall exercise such powers as may be delegated to them by the Superintendent.

It shall be lawful for the Collector or any of his assistants or other subordinates duly authorised by writing under his hand in that behalf and for the Superintendent or any other officer employed in the survey after giving not less than twenty-four hours' notice to enter upon any lands for the purpose of inspecting the survey boundary marks erected thereon or of altering, renewing or repairing such marks or for survey in the manner provided in section 241 of this Code.

After due service of notice under section 280, the Superintendent, or such officer as may be authorised by him may proceed with the survey whether the person upon whom notices have been served are present or not.

(2) To every piece of land separately shown on the map and entered in the register an indicative number shall be assigned, and the name of the person appearing to be the holder thereof at the time of the -Survey shall be entered in the register.

(3) Nothing contained in such map 6r register shall affect the rights of any person.

The Superintendent may at any time cause to erected, on any land which is to be, or has been surveyed under this Chapter temporary or permanent boundary marks of such materials and in such number and manner as be may determine to be sufficient the purpose of the survey:

Provided that, no permanent boundary marks shall be erected when the boundary is defined by a permanent building, wall or fence.

(2) If such holder does not comply with such notice, the Superintendent may repair the boundary' mark and expenses shall be recoverable from such holder as an arrear of land revenue under the provisions of this Chapter.

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

(3) Any survey fee assessed in accordance with sub-sections (1) and (2) shall be payable within three months from the date of notice to be served by the Collector upon the person liable therefore after the completion of the survey of the City of Bombay; and such survey fee shall be leviable as an arrear of land revenue under the provisions of this Chapter.

(4) Any person who has paid the survey fee assessed on any land under this section shall be entitled to receive free of charge a certified extract from the map and a certified extract from the register prepared under section 282, so far as they relate to such land.

(1) After the survey of any part of the City has been completed, the Superintendent shall deposit with the Collector all maps, registers and other documents connected with the survey of such part.

(2) Such deposit shall be notified in the Official Gazette, and any person interested in the survey may, at any time within two months from the date of such notification, inspect such maps, registers and other documents free of charge.

(3) During such period the Collector may, if necessary, and without prejudice to the rights of any of the parties concerned, cause the map, or the register prepared under section 282 to be corrected free of charge.

Provided that, no person shall, for the purposes of this section be required to give notice of the acquisition of interest in land.

(2) The Collector may assess the cost of the revision of any part of the map and all contingent expenses on the land to which such part relates and such ' cost shall be payable by the holder of such land, and shall be leviable as an arrear of land revenue under the provisions of this Chapter.

Every superior holder of land shall be responsible for the maintenance and good repair of the survey boundary marks of his holding and for any expenses not exceeding five rupees for each mark, reasonably incurred on account of the same by the Collector in cases of alteration or removal.

No person shall for the purposes of survey undertaken under this Chapter or for erecting boundary marks there under be compelled to produce his title-deeds to any land or to disclose their contents.

The proceedings undertaken under sections 278 to 292 (both inclusive) shall not be affected by reason of any informality, provided that the provisions in these sections be in substance and effect complied with.

All unoccupied lands within the City of Bombay, and every unoccupied portion of the foreshore, below high water mark, shall be deemed, and are hereby declared to be, the property of the State Government, subject always to the rights of way and all other rights of the public legally subsisting.

For the avoidance of doubt, it is hereby expressly declared that nothing -in this, section shall be taken to affect the right of the State Government to-unoccupied lands declared to be the property of the State Government by any earlier law.

It shall be lawful for the Collector, with the sanction of the State Government, to dispose of any lands or foreshore vested in the State Government in such manner and subject to such conditions as he may deem fit; and in any such case, the land or fore-shore so disposed of shall be held only in the manner, for the period and subject to the conditions so prescribed.

(1) Whenever the title to any land, house or other immovable property, subject to the payment of land revenue to the State Government, is transferred or assigned, the person transferring or assigning the same and the person to whom the same is transferred or assigned, shall respectively cause notice of such transfer or assignment to be given to the Collector.

(2) Such notice shall be given within twenty days after execution of the instrument of transfer or assignment, or after its registration if it be registered, or after the transfer or assignment is affected, if no instrument is executed.

(3) In the event of the death of any person in whose name the title to any property is entered in the -records of the Collector, the person to whom such title is transferred as heir or otherwise shall cause notice thereof to be given to the Collector within one year from such death.

(1) The notice shall be in the form either of Schedule H or Schedule I as the case may be, and shall state clearly all the particulars required by the said form.

(2) It shall be accompanied, whenever the Collector shall deem fit so to require, by the instrument of transfer if any, by a plan to be furnished of the land which is the subject of the transfer or assignment, drawn and attested by such officer as the Collector may direct and by a certificate that public notice has been given of the transfer or assignment by beat of bataki.

Every person neglecting to give the notice required by the two last preceding sections within the time therein specified, shall be liable at the discretion of the Collector to a fine not exceeding ten rupees in case of holdings paying less than one rupee as land revenue, and in no other case exceeding rupees one hundred.

Every person transferring the title to any land, house or other immovable property subject to the payment of land-revenue to the State Government without giving the notice required by sections 296 and 297 shall continue liable to the State Government for the payment of all land-revenue accruing due in respect thereof, until he gives such notice or until the requisite transfer has been effected in the records of the Collector

Provided that, nothing contained in this section shall be held to diminish the liability of the land, house or other immovable property to attachment or sale under the provisions of section 267.

(1) Whenever any dispute or question arises with respect to the making or completion of any entry or transfer in the records of the Collector, of or relating to any land, house or other immovable property subject to the payment of land-revenue to the State Government, the Collector shall summon all the parties interested in such entry or transfer, and shall call for such evidence and examine such witnesses, as he shall consider necessary, and shall thereupon decide summarily what entry shall be made in his records in respect of such land, house, or other immovable property.

(2) If at any time a certified copy shall be produced to the Collector of an order of a competent court determining the title to any such land, house or other immovable property, the Collector shall amend his records in conformity with such order.

The registration or transfer of any title in the Collector's records shall not be deemed to operate so as in any way to affect any right, title or interest of the Government in the land, house or other immovable property in respect of which any such transfer is made or registered.

(1) The provisions of the Code of Civil Procedure, 1908, in force for the time being with respect of the issue of summons and commissions, and the compelling the attendance of witnesses, and for their remuneration in suits before a District Court shall apply to all persons summoned to appear before the Collector under the provisions of this Chapter.

(2) Any notice which the Collector or any of his subordinates is by this Chapter required or empowered to issue shall be deemed to have been sufficiently served,

(a) if it is addressed to any person and has been

(i) delivered to such person; or

(ii) delivered at his abode in his absence to any adult member or servant of his family; or

(iii) sent by post in a letter addressed to him at his last known residence, address or place of business and registered under Chapter VI of the Indian Post Office Act, 1898, or

(b) if the Collector is in doubt as to the person to whom such notice should be addressed or as to the residence, address or place of business of any person on whom it is desired to serve such notice, and

(i) causes the notice to be pasted in some conspicuous place on or near the land to which it relates, and

(ii) publishes the notice either in the Official Gazette or in such local newspapers as he deems fit or by proclamation on or near such land accompanied with beat of drum.

(1) All arrears of rent payable by any persons in respect of the occupation of any house the property of the Government and all fees, fines and penalties chargeable under this Chapter and all moneys leviable under the provisions of this Chapter on account of the value of any land, or on account of the alteration, removal, renewal or repair of survey-boundary marks or on account of the abatement or removal of an encroachment shall be realised in the same manner as other revenue demands, under the provisions of sections 267 and 269 of this Chapter.

(2) All other sums declared by any Actor Regulation or by any rules there under or by any agreement or contract with the State Government to be leviable as an assessment or as a revenue-demand, or as an arrear of land-revenue, shall also be realised in the same manner as revenue-demands under the provisions of sections 267 and 269 of this Chapter.

(3) All persons who may have become sureties for the payment of any sum of money payable under any of the provisions of this Chapter or for any such contractor as aforesaid shall, on failure to pay the mount or any portion thereof for which they may have become liable under the terms of their security bond, be liable to be proceeded against under the provisions of sections 267 and 269 as

It shall be lawful for the Collector of Bombay to levy, in the same way as any arrear of land-revenue due under this Chapter any sum certified by the Collector or Assistant or Deputy Collector or a Tahsildar of any district in the State to be due and recoverable as an arrear of land-revenue from any person residing or owning property in the City of Bombay, by whom the same is so certified to be due.

It shall be the duty of the Collector to prepare and keep in such form as the State Government may from time to time sanction a separate register and rent roll of every description of land according to the nature and, terms of the tenure on which such land is held.

(1) The State Government may, by notification in the Official Gazette, make rules consistent with the provisions of this Chapter for carrying into effect the purposes of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may make provision for the guidance of the Collector, and his assistants and other subordinates in the discharge of their duties, or for any other purpose connected with the subject matter of this Chapter not expressly provided for therein.

(1) Anything done or action taken under the provisions of the Bombay City Land Revenue Act, 1876 (including all rules prescribed), appointments made, powers conferred, orders issued and notifications published under that Act, and all other rules (if any) now in force and relating to any of the matters dealt with in this Chapter; and any surveys made or boundary marks erected or any maps and registers prepared under the Bombay City Survey Act, 1915, shall be deemed to have been prescribed, made, conferred, issued, published, erected and prepared under this Chapter.

(2) All proceedings which have been commenced under any of the Acts aforesaid shall, on the commencement of this Chapter in the City of Bombay, be deemed to have been commenced under this Code and shall hereafter be conducted in accordance with the Provisions of this Code.

CHAPTER XV

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Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall, subject to such restrictions as may be imposed, be open to the inspection of the public at reasonable hours and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same.

(1) The State Government may make rules not inconsistent with the provisions of this Code for the purpose of carrying into effect the provisions of this Code.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters :

(i) under sub-section (1) of section 13, the other powers and duties of appeal, superintendence and control which may be exercised by revenue officers;

(ii) under sub-section (2) of section 14, the powers which may be exercised by a Circle Officer and Circle Inspector over the Talathi and the duties and functions which may be performed by them;

(iii) under section 15, the qualifications of persons on whom powers may be conferred:

(iv) under sub-section (1), the manner of disposal of the property of the State Government and under sub-section (5) of section 20, the rules to be made for giving notice;

(v) under section 23, the rules regulating the right of grazing on free pasturage lands;

(vi) under sub-section (1), the rules prohibiting or regulating the cutting of certain trees; under sub-section (2) of section 25, the manner in which the occupant may apply to the Collector to fix the value of right in trees and purchase such right;

(vii) under section 26, the manner in which trees, brushwood, jungle or other natural product vesting in Government shall be preserved or disposed of-,

(viii) under sub-section (1), the rules subject to which wood may be taken without payment of any tax; and under sub-section (2) of section 28, the rules regulating the exercise of the privileges;

(ix) under clause (c) of sub-section (2) of section 29; the rules subject to which Bhumidhari's may be permitted to be included in Occupants - Class 1:

(x) under section 3.1, the rules for the grant of unalienated land including provision for payment of price, auction and conditions to be annexed to such grant;

(xi) under sub-section (1) of section 32, the rules subject to which alluvial land may be disposed of;

(xii) under sub-section (2) of section 35, the rules subject to which the sub-division shall be disposed of by the Collector;

(xiii) under sub-section (3) of section 36, the rules in accordance with which the Collector may determine liabilities for arrears of land revenue or any other dues and the procedure in accordance with which he may dispose of applications for being placed in possession of occupancy and under sub-section (4) of that section, the payment of premium;

(xiv) under section 38, the rules subject to which the Collector may lease under grant or contract any unalienated unoccupied land;

1[(xiv-a) under section 4 1, the form of application for permission for erection of a farm building or carrying out the work of renewal, re-construction, alterations or additions; and the terms and conditions subject to which such permission may be granted by the Collector]

(xv) under section 43, the rules subject to which the Collector or survey officer may prohibit the use of land for other purposes and summarily evict any holder who uses such land for such prohibited purposes;

(xvi)

2 [(xvi-a) under sub-section (2) of section 44A, the forin in which the person using the land for a bona fide industrial use shall give intimation of the date on which the change of user of land has commenced and fumish other information; and under sub-clause (i) of clause (a) of subsection (3) of 'section 44A, the rules subject to which the Collector may levy penalty for failure to send intimation to the Tahsildar, and under-sub-section (5) of section 44A, the form of Sanad,-]

(xvii) under sub-section (1) of section 45, the rules prescribing the fine to be paid as penalty for using land without permission;

(xviii) under section 47, the rules subject to which the Collector may regularise the nonagricultural use of any land;

(xix)

(xx)

(xxi)

(xxii) under section 60, the local area within which the operation of section 55 may be suspended;

(xxiii) under section 66, the rules subject to which a holder of land shall be entitled to decrease of assessment including the rules subject to which the holder is liable for payment of land revenue on reappearance of the land lost by diluvion;

(xxiv)

(xxv)

(xxvi)

(xxvii)

(xxviii) under section 78, the rules in accordance with which reduction, suspension or remission of land revenue in any area may be granted;

(xxix)

(xxx)

(xxxi)

(xxxii)

(xxxiii)

(xxxiv)

(xxxv)

(xxxvi)

(xxxvii) under section 102, the manner of giving notice;

3[(xxxvii-a) under Section 108, the manner of determining the capitalised assessment;]

(xxxviii) under section 113, the percentage of the full market value of lands and the other manner of publication of the standard rates of non-agricultural assessment, fixed or revised and the manner in which the full market value shall be estimated;

(xxxix)

(X1)

(xli) under section 128, the manner in which, and the maps and registers in which, the results of the operations conducted under Section 126 shall be recorded; and the proportion of contribution to be made by a village panchayat to the cost of preparing such maps;

(xlii)

(xliii)

(xliv)

(xlv)

(xlvi)

(xlvii)

(xlviii)

(xlix)

(1) under sub-section (4), other matters which the booklet should contain; and under sub-section (5) of section 15 1, the rules in accordance with which such booklet shall be prepared, issued and maintained and the fees to be charged therefor;

(ii) the rules for the purpose of section 153;

(iii) under section 154, the form in which and the times, at which intimation of transfers by registering officers shall be sent;

(Iiii) under section 156, the other land records to be prepared;

(liv) under sub-section (2) of section 170, the rules providing for the payment of land revenue in instalments and prescribing the dates on which the persons to whom, and the places where at, such instalments shall be paid;

(Iv) under section 179, the rules subject to which the occupancy or alienated holding forfeited to Govemment may be sold or otherwise disposed of-,

(Ivi) under section 187, the rules for the management of unalienated land;

(Ivii) under sub-section (1) of section 192, the form of proclamation to be issued by the Collector;

(Iviii) under sub-section (4) of section 193, the form of notice;

(lix) under section 205, the manner in which a fresh notice of resale of property shall be given;

(Ix) under section 238, the rules for conducting ordinary inquiries;

(Ixi) under section 239,-the charges for copying, searches, inspection and other like matters;,

(Ixii) under section 337, the rules subject to which, and the fees on payment of which, maps and records shall be open to the inspection of the public and certified extracts from the same or certified copies thereof shall be given;

(1xiii) any other matter for which rules may be made under this Code.

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

(2) It shall be lawful for the State Government, in making any rules under this Code to prescribe that any person committing a breach of the same shall, in addition to any other consequences that would ensure from such breach, be punishable with such fine not exceeding one thousand rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose.

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

(1) The provisions of section 68 and of Chapters VV1,VII,Vlll and IX shall be applicable to all alienated villages and alienated shares of villages, subject to the following modifications, that is to say

(i) subject to the provisions of any covenant or agreement entered into by the State Government with the holder or holders of any such village or share, the costs of any survey directed under section 79 or a fresh survey directed under section 83 and of any settlement carried out under the said Chapters in any such village or share shall be payable by the holder or holders in proportion to their shares in the rent or revenue of the village or share;

(ii) if the State Government so directs such costs shall also be payable by any class of persons who, in the opinion of the State Government, have any interest in any land in such village or share and in such proportions as the State Government may direct;

(iii) on the introduction of a settlement under Chapter V or VI in any such village or share, the holder or, holders of such village or share shall, in proportion to his share in the rent or revenue of the village or share, be liable to pay

(a) the salaries of the village officers appointed for the village or the share including the commutation allowance payable in respect of a commuted Kulkarni watan in the village, if any,

(b) the costs of the levy of a cess under sections 144, 151 and 152 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;

(iv) the liability under clauses (i) and (iii) shall be a first charge on the rent or revenue of such village or share;

(v) the total amount payable under clauses (i) and (iii) in respect of the holding in any such village or share shall be recoverable from the holder of such village or share entered in the record of rights;

(vi) the amount payable under clause (ii) by any class of persons shall be recoverable in such manner as the State Government directs from the members of that class as entered in the record of rights.

(2) All survey settlements here to before introduced in alienated villages shall be valid as if they had been introduced in accordance with the provisions of this section.

Nothing in this Code, which applies in terms to unalienated land or to the holders of the unalienated land only, shall be deemed to affect alienated land, or the rights of holders of alienated land or of the Government in respect of any such land and no presumption shall be deemed to arise either in favour, or to the prejudice, of any holder of alienated land from any provision of this Code in terms relating to unalienated land only.

If any difficulty arises in giving effect to the provisions of this Code, the State Government may, as the occasion requires, by order do anything not inconsistent with the purposes of this Code which appears to it to be necessary for the purpose of removing the difficulty:

Provided that, no order shall be made under this section after the expiry of one year from the commencement of this Code.

On the commencement of this Code, the following laws, that is to say

(a) the Bombay City Land Revenue Act, 1876;

(b) the Bombay Land Revenue Code, 1879;

(c) the Bombay City Survey Act,, 1915;

(d) the Bombay Revenue Tribunal Act, 1957;

(e) the Central Provinces Land Alienation Act, 1916;

(f) the Madhya Pradesh Land Revenue Code, 1954,

(g) the Hyderabad Land Revenue Act, 1317-F;

(h) the Hyderabad Record of Rights in Land Regulations, 1358-F:

are hereby repealed :

Provided that, the repeal shall not affect

(a) the previous operation of any law so repealed or anything duly done or suffered there under; or

(b) any right, privilege, obligation or liability acquired, accrued, or incurred under any law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repeated; or

(d) any investigation, proceeding, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, proceeding, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Code had not been passed

Provided further that, any temporary alienation made by a member of an aboriginal tribe before the commencement of this Code by mortgage, lease or otherwise under the Central Provinces Land Alienation Act, 1916, shall be regulated in accordance with the provisions of that Act, as if this Code had not been passed

Provided also that, subject to the preceding provisos, and any saving provisions made in any of the Chapters of this Code, anything done or any action taken including any rules, assessments, appointments and transfers made, notifications, orders, summons, notices, warrants and proclamations issued, authorities and powers conferred, forms and leases granted, survey and boundary marks fixed, record of rights and other records framed or confirmed, rights acquired, liabilities incurred and times and places appointed under any law so repealed shall, in so far as it is not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provision of this Code, and shall continue to be in force accordingly unless and until superseded by anything done or action taken under this Code.

(1) Any reference in any law in force in the Vidarbha region of the State, to

(a) (i) a malik makbuza;

(b)

(2) Any reference in any law or in any instrument or other document to the expressions "Mamlatdar, Mahalkari, Patwari, Patwari Circle" shall, unless a different intention appears, be construed as a reference to the corresponding expressions "Tahsildar, Naib-Tahsildar, Talathi and Saza"; and in all suits, or other legal proceeding before any Court tribunal or authority pending on the commencement of this Act in which or to which any of the authorities first mentioned is a party, the authority corresponding thereto shall be deemed to be substituted therefor.