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The Maharashtra Land Revenue Code, 1966

Act 41 of 1966

Keyword(s):Alienated, Boundary Mark, Building Site, Certified Copy, Chavadi, Estate,Farm Building, Gaothan, Improvement, Joint Holders, Land Records, LegalPractitioner, Non-Agricultural Assessment, Occupant, to Occupy Land, PardiLand, Population, Relevant Tenancy

Amendments appended: 17 of 2007, 23 of 2007, 24 of 2007, 10 of 2009, 43 of2011, 19 of 2012, 30 of 2014, 37 of 2014, 4 of 2015, 19 of 2015, 27 of 2015

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MAHARASHTRA ACT No. XIX OF 2015.

(First published, after having received the assent of the Governor inthe “Maharashtra Government Gazette”, on the 24th April 2015).

An Act further to amend the Maharashtra Land Revenue Code, 1966.

WHEREAS it is expedient further to amend the Maharashtra LandRevenue Code, 1966, for the purposes hereinafter appearing ; it is herebyenacted in the Sixty-sixth Year of the Republic of India as follows :—

1. This Act may be called the Maharashtra Land Revenue Code(Amendment) Act, 2015.

2. In section 44A of the Maharashtra Land Revenue Code, 1966(hereinafter referred to as “ the said Code”),—

(I) in sub-section (1),—

(a) in clause (iii), for the words “ as a special township project ”,the words “ as an Integrated Township Project ” shall be substituted ;

Mah.XLI of1966.

Short title.

Amendmentof section 44Aof Mah. XLI of1966.

Mah.XLI of1966.

(1)

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translationin English of the Maharashtra Land Revenue Code (Amendment) Act, 2015 (Mah. Act No. XIX of2015), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

M. A. SAYEED,Principal Secretary and R.L.A. to Government,

Law and Judiciary Department.

––––––––––––

RNI No. MAHENG /2009/35528

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(b) in condition (b), for the words “ or special township project ”,the words “ or Integrated Township Project ” shall be substituted ;

(c) in condition (d), for the words “ or special township project,”,the words “ or Integrated Township Project ” shall be substituted ;

(II) in sub-section (2), for the words “ or special township project ”,the words “or Integrated Township Project” shall be substituted ;

(III) in sub-section (5),—

(a) for the words “ or special township project”, the words “ orIntegrated Township Project ” shall be substituted ;

(b) after the words “ a sanad shall be granted to the holderthereof in the prescribed form”, the words “within a period of sixtydays in case of bona-fide industrial use and ninety days in case ofIntegrated Township Project from the date of receipt of suchintimation ” shall be added ;

(IV) for Explanation-II, the following Explanation shall besubstituted, namely :—

“ Explanation-II.—For the purposes of this section, “IntegratedTownship Project” means Integrated Township Project or projectsunder the Regulations framed for development of Integrated TownshipProject by the Government, under the provisions of the MaharashtraRegional and Town Planning Act, 1966.”.

3. In sectin 328 of the said Code, in sub-section (2), in clause (xvi-a), forthe words “or special township project”, the words “ or Integrated TownshipProject” shall be substituted.

Amendmentof section 328of Mah. XLI of

1966.

Mah.XXXVIIof 1966.

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Power toremovedifficulties.

4. (1) If any difficulty arises in giving effect to the provisions of thesaid Code, as amended by this Act, the State Government may, as occasionarises, by an order published in the Official Gazette, do anything notinconsistent with the provisions of this Act, which appears to it to benecessary or expedient for the purpose of removing such difficulty :

Provided that, no such order shall be made after the expiry of a periodof two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as maybe, after it is made, before each House of the State Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTEDAT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

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MAHARASHTRA ACT No. XXVII OF 2015.(First published, after having received the assent of the Governor in the

“ Maharashtra Government Gazette ”, on the 17th August 2015).

An Act further to amend the Maharashtra Land Revenue Code, 1966.

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

AND WHEREAS the Governor of Maharashtra was satisfied thatcircumstances existed which rendered it necessary for him to take immediateaction further to amend the Maharashtra Land Revenue Code, 1966, for thepurposes hereinafter appearing ; and, therefore, promulgated theMaharashtra Land Revenue Code (Amendment) Ordinance, 2015 on the12th June 2015;

AND WHEREAS it is expedient to replace the said Ordinanceby an Act of the State Legislature; it is hereby enacted in theSixty-sixth Year of the Republic of India as follows :—

1. (1) This Act may be called the Maharashtra Land Revenue Code(Second Amendment) Act, 2015.

(2) It shall be deemed to have come into force on the 12th June 2015.

Mah. XLIof 1966.

Short title andcommencement.

Mah. Ord.XII of2015.

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in English of the Maharashtra Land Revenue Code (Second Amendment) Act, 2015 (Mah. ActNo. XXVII of 2015), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,I/c. Secretary (Legislation)

to Government,Law and Judiciary Department.

——————————

RNI No. MAHENG/2009/35528

(1)

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2. In section 48 of the Maharashtra Land Revenue Code, 1966(hereinafter referred to as “ the Revenue Code ”),—

(i) in sub-section (7),—(a) for the words “ on the order in writing of the Collector, to

pay penalty not exceeding a sum determined, at three times ”, thewords “on the order in writing of the Collector or any revenueofficer not below the rank of Tahsildar authorised by the Collectorin this behalf, to pay penalty of an amount equal to five times”shall be substituted ;

(b) the proviso shall be deleted ;(ii) for sub-section (8), the following sub-section shall be substituted,

namely :—“ (8)(1) Without prejudice to the provision of sub­section (7),

the Collector or any revenue officer not below the rank of Tahsildarauthorised by the Collector in this behalf, may seize and confiscateany mineral extracted, removed, collected, replaced, picked up ordisposed of from any mine, quarry or other place referred to insub-section (7), the right to which vests in, and has not beenassigned by the State Government, and may also seize andconfiscate any machinery and equipment used for unauthorisedextraction, removal, collection, replacement, picking up or disposalof minor minerals and any means of transport deployed totransport the same.

(2) Such machinery or equipment or means of transport, usedfor unauthorised extraction, removal, collection, replacement,picking up or disposal of minor minerals or transportation thereof,which is seized under sub-section (1), shall be produced before theCollector or such other officer not below the rank of DeputyCollector authorised by the Collector in this behalf, within a periodof forty-eight hours of such seizure, who may release such seizedmachinery, equipment or means of transport on payment by theowner thereof of such penalty as may be prescribed and also onfurnishing personal bond of an amount not exceeding the marketvalue of the seized machinery, equipment or means of transport,stating therein that such seized machinery, equipment or meansof transport shall not be used in future for unauthorised extraction,removal, collection, replacement, picking up or disposal of minorminerals and transportation of the same.”.

3. In section 328 of the Revenue Code, in sub-section (2), forclause (xix), the following shall be substituted, namely :—

“(xix) under sub-section (8) of section 48, the rules prescribing thepenalty to be paid by the owner for release of the machinery, equipmentor means of transport used for unauthorised extraction, removal,collection, replacement, picking up or disposal of minor minerals; andunder sub-section (9) of the said section 48, the rules to regulate theextraction and removal of minor minerals ; ”.

Amendment ofsection 328 of

Mah. XLI of1966.

Amendment ofsection 48 ofMah. XLI of

1966.

Mah. XLIof 1966.

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4. (1) The Maharashtra Land Revenue Code (Amendment)Ordinance, 2015, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken(including any notification or order issued) under the Revenue Code,as amended by the said Ordinance, shall be deemed to have beendone, taken or issued, as the case may be, under the Revenue Code,as amended by this Act.

Repeal of Mah.Ord. XII of2015 andsaving.

Mah. Ord.XII of2015.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI,PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATEOF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAMJAGANNATH GOSAVI.