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The Maharashtra Land Revenue Code, 1966

Maharashtra

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

Act number
41 of 1966
Ministry
Govt of Maharashtra
Department
Revenue & Forest Department
Enacted
30 Dec 1966

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

360 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Division of State into revenue areas.
  4. Section 4Constitution of revenue areas.
  5. Section 5Chief controlling authority in revenue matters.
  6. Section 6Revenue officers in division.
  7. Section 7Revenue officers in district.
  8. Section 8Survey Officers.
  9. Section 9Combination of officers.
  10. Section 9ADelegation of powers.
  11. Section 10Temporary vacancies.
  12. Section 11Subordination of officers.
  13. Section 12Appointments to be notified.
  14. Section 13Powers and duties of revenue officers.
  15. Section 14Powers and duties of survey officers, circle officers, etc.
  16. Section 15Conferral by State Government of powers of revenue officers on other persons.
  17. Section 16Seals.
  18. Section 17Demands for money, papers, etc., to be made known in writing to person concerned, etc.
  19. Section 18Public moneys may also be recovered as arrears of revenue ; and search warrant may be issued for recovery of papers or property.
  20. Section 19Officer or person in jail may secure his release by furnishing security.
  21. Section 20Title of State in all lands, public roads, etc., which are not property of others.
  22. Section 21Extinction of rights of public in or over any public road, lane or path not required for use of public.
  23. Section 22Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of Collector.
  24. Section 22AProhibition on diversion of use of Gairan land.
  25. Section 23Regulation of use of pasturage.
  26. Section 24Recovering value of natural products unauthorizedly removed from certain lands.
  27. Section 25Right to trees in holdings.
  28. Section 26Trees and forests vesting in Government.
  29. Section 27Recovery of value of trees, etc., unauthorizedly appropriated.
  30. Section 28Regulation of cutting and supply of wood, etc.
  31. Section 29Classes of persons holding land.
  32. Section 29AConversion of occupancy of certain Government lands.
  33. Section 30Occupation of unalienated land granted under provisions of the Code.
  34. Section 31Unoccupied land may be granted on conditions.
  35. Section 32Grant of alluvial land vesting in Government.
  36. Section 33Temporary right to alluvial lands of small extent.
  37. Section 34Disposal of intestate occupancies.
  38. Section 35Disposal of relinquished or forfeited sub-division.
  39. Section 36Occupancy to be transferable and heritable subject to certain restrictions.
  40. Section 36ARestrictions on transfers of occupancies by Tribals.
  41. Section 36BDamages for use and occupation of occupancies in certain cases.
  42. Section 36BBPleaders, etc., excluded from appearance.
  43. Section 36CBar of jurisdiction of Civil Court or authority.
  44. Section 37Occupants’ rights are conditional.
  45. Section 37ARestrictions on sale, transfer, redevelopment, change of use, etc., in relation to Government land and nazul land.
  46. Section 38Power to grant leases.
  47. Section 39Occupant to pay land revenue and Government lessee to pay rent fixed.
  48. Section 40Saving of powers of Government.
  49. Section 41Uses to which holder of land for purposes of agriculture may put his land.
  50. Section 42Permission for non-agricultural use.
  51. Section 42ANo permission required for change of use of land situate in area covered by Development Plan.
  52. Section 42BProvision for conversion of land use for lands included in final Development Plan area.
  53. Section 42CProvision for conversion of land use for lands included in the Draft Regional Plan.
  54. Section 42DProvision for conversion of land use for the residential purpose.
  55. Section 43Restriction on use.
  56. Section 44Procedure for conversion of use of land from one purpose to another.
  57. Section 44ANo permission required for bona fide industrial use of land.
  58. Section 45Penalty for so using land without permission.
  59. Section 46Responsibility of tenant or other person for wrongful use.
  60. Section 47Power of State Government to exempt lands from provisions of section 41, 42, 44, 45 or 46.
  61. Section 47A.Liability for payment of conversion tax by holder for change of user of land.
  62. Section 48Government title to mines and minerals.
  63. Section 49Construction of water course through land belonging to other person.
  64. Section 50Removal of encroachments on land vesting in Government ; provisions for penalty and other incidental matters.
  65. Section 51Regularisation of encroachments.
  66. Section 52Value and land revenue how calculated.
  67. Section 53Summary eviction of person unauthorisedly occupying land vesting in Government.
  68. Section 54Forfeiture and removal of property left over after summary eviction.
  69. Section 54AAdditional 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.
  70. Section 55Relinquishment.
  71. Section 56Relinquishment of alienated land.
  72. Section 57Right of way to relinquished land.
  73. Section 58Saving of operation of section 55 in certain cases.
  74. Section 59Summary eviction of person unauthorisedly occupying land.
  75. Section 60Power of State Government to suspend operation of section 55.
  76. Section 61Occupancy when not liable to process of civil court ; court to give effect to Collector’s certificate.
  77. Section 62Bar of attachment or sale.
  78. Section 63Bar of foreclosure or attachment or sale of Bhumidhari’s right.
  79. Section 64All land liable to pay revenue unless specially exempted.
  80. Section 65Liability of alluvial lands to land revenue.
  81. Section 66Assessment of land revenue in cases of diluvion.
  82. Section 67Manner of assessment and alteration of assessment.
  83. Section 68Assessment by whom to be fixed.
  84. Section 69Settlement of assessment to be made with holder directly from State Government.
  85. Section 70Rates for use of water.
  86. Section 71The fixing of assessment under this Code limited to ordinary land revenue.
  87. Section 72Land revenue to be paramount charge on land.
  88. Section 73Forfeited holdings may be taken possession of and otherwise disposed.
  89. Section 74.To prevent forfeiture of occupancy of certain persons other than occupant may pay land revenue.
  90. Section 75Register of alienated lands.
  91. Section 76Receipts.
  92. Section 77Penalty for failure to grant receipts.
  93. Section 78Reduction, supension or remission of land revenue.
  94. Section 79Revenue survey may be introduced by State Government into any part of State.
  95. Section 80Survey officer may require by general notice or by summons, suitable service from holders of land, etc.
  96. Section 81Assistance to be given by holders and others in measurement or classification of land.
  97. Section 82Survey numbers not to be of less than certain extent.
  98. Section 83Power of State Government to direct fresh survey and revision of assessment.
  99. Section 84Entry of survey numbers and sub-divisions in records.
  100. Section 85Partition.
  101. Section 86Division of survey numbers into new survey numbers.
  102. Section 87Division of survey numbers into sub-divisions.
  103. Section 88Privilege of title-deeds.
  104. Section 89Survey made before commencement of this Code to be deemed to be made under this Chapter.
  105. Section 90Interpretation.
  106. Section 91Forecast as to settlement.
  107. Section 92Power of State Government to direct original or revision settlement of land revenue of any lands.
  108. Section 93Term of settlement.
  109. Section 94Assessment how determined.
  110. Section 95Increase in average yield due to improvements at the expense of holders not to be taken into account.
  111. Section 96Settlement Officer how to proceed for making settlement.
  112. Section 97Settlement report to be printed and published.
  113. Section 98Submission to Government of settlement report with statement of objections, etc., and Collector’s opinion thereon.
  114. Section 99Reference to Revenue Tribunal.
  115. Section 100Orders on Settlement Report.
  116. Section 101Power of State Government to exempt from assessment for water advantages.
  117. Section 102Introduction of settlement.
  118. Section 103Claims to hold land free of land revenue.
  119. Section 104Assessment of lands wholly exempt from payment of land revenue.
  120. Section 105Power to State Government to direct assessment for water advantages.
  121. Section 106Power of Collector to correct errors.
  122. Section 107Settlement made before this Code to be deemed to be made under this Chapter.
  123. Section 108Interpretation.
  124. Section 109Non-agricultural assessment of lands to be determined on basis of their Non-agricultural use and having regard to urban and non-urban areas.
  125. Section 110Procedure for determining non-agricultural assessment of lands in non-urban areas.
  126. Section 111Procedure for determining non-agricultural assessment in urban areas.
  127. Section 112Non-agricultural assessment not to exceed three per cent. of full market value.
  128. Section 113Power of collector to fix standard rate of non-agricultural assessment.
  129. Section 114Rate of assessment of lands used for non-agricultural purposes.
  130. Section 115Date of commencement of non-agricultural assessment.
  131. Section 116Deleted
  132. Section 117Lands exempt from payment of non-agricultural assessment.
  133. Section 118Revocation of exemption.
  134. Section 119Non-agricultural assessment of lands wholly exempt from payment of land revenue.
  135. Section 120Non-agricultural assessment fixed before commencement of Code to continue in force until altered.
  136. Section 121Application of Chapter.
  137. Section 122Limits of sites of villages, towns and cities how to be fixed.
  138. Section 123No land revenue to be levied in certain cases on lands within sites of village, town or city.
  139. Section 124Right to exemption to be determined by Collector.
  140. Section 125Pardi and wada lands exempted from payment of land revenue.
  141. Section 126Survey of lands in village sites how to be conducted.
  142. Section 127In certain cases survey fees to be charged.
  143. Section 128Maps of village sites.
  144. Section 129Sanad to be granted without extra charge.
  145. Section 130Grant of sanad on alteration of holding.
  146. Section 131Duplicate sanads may be granted.
  147. Section 132Fixation and demarcation of boundaries.
  148. Section 133Determination of village boundaries.
  149. Section 134Determination of field boundaries.
  150. Section 135Disputes regarding boundaries between villages, survey numbers and sub-divisions or area of any survey number or sub-division.
  151. Section 136Demarcation of boundaries of survey number or sub-division.
  152. Section 137Straightening out crooked boundaries.
  153. Section 138Effect of settlement of boundary.
  154. Section 139Construction and repairs of boundary marks of survey numbers and villages, etc.
  155. Section 140Responsibility for maintenance of boundary marks and survey marks.
  156. Section 141Collector to have charge of boundary marks and survey marks after introduction of survey.
  157. Section 142Demarcation and maintenance of boundary marks between holding and village road.
  158. Section 143Right of way over boundaries.
  159. Section 144Demarcation of boundaries in areas under town-planning scheme or improvement scheme, or consolidation scheme.
  160. Section 145Penalty for injuring boundary marks.
  161. Section 146Power to exempt from operation of this Chapter.
  162. Section 147Exemption from provisions of this Chapter.
  163. Section 148Record of rights.
  164. Section 148 AMaintenance of record of rights, etc., by using suitable storage device.
  165. Section 149Acquisition of rights to be reported.
  166. Section 150Register of mutations and register of disputed cases.
  167. Section 151Obligation to furnish information; obligation to furnish entries from record of rights, etc., to holder or tenant in booklet form and to maintain booklet, etc.
  168. Section 152Fine for neglect to afford information.
  169. Section 153Requisition of assistance in preparation of maps.
  170. Section 154Intimation of transfers by registering officers.
  171. Section 155Correction of clerical errors.
  172. Section 156Land records.
  173. Section 157Presumption or correctness of entries in record of rights and register of mutations.
  174. Section 158Bar of suits.
  175. Section 159Records of rights at commencement of Code.
  176. Section 160Application of provisions of sections 161 to 167.
  177. Section 161Nistar Patrak.
  178. Section 162Matters to be provided for in Nistar Patrak.
  179. Section 163Provisions in Nistar Patrak for certain matters.
  180. Section 164Right in waste land of another village.
  181. Section 165Wajib-ul-arz.
  182. Section 166Regulation of fishing, etc.
  183. Section 167Punishment for contravention of provisions.
  184. Section 168Liability for land revenue.
  185. Section 169Claims of State Government to have precedence over all others.
  186. Section 170Dates on which land revenue falls due and is payable.
  187. Section 171Temporary attachment and management of village or share of village.
  188. Section 172Temporary attachment and management of village or share of village to be vacated (withdrawn) on security being furnished.
  189. Section 173‘Arrear’ , ‘defaulter’.
  190. Section 174Penalty for default of payment of land revenue.
  191. Section 175Certified accounts to be evidence as to arrears.
  192. Section 176Process of recovery of arrears.
  193. Section 177Revenue demands of former years how recoverable.
  194. Section 178When notice of demand may issue.
  195. Section 179Occupancy or alienated holding for which arrear is due may be forfeited.
  196. Section 180Distraint and sale of defaulter’s movable property.
  197. Section 181Sale of defaulter’s immovable property.
  198. Section 182Power to attach defaulter’s immovable property and take it under management.
  199. Section 183Arrest and detention of defaulter.
  200. Section 184Power to arrest by whom to be exercised.
  201. Section 185Power to attach defaulter’s village and take it under management.
  202. Section 186Lands of such village to revert free of encumbrances.
  203. Section 187Revenue management of villages or estates not belonging to Government that may be temporarily under management of State Government.
  204. Section 188Application of surplus profits.
  205. Section 189Restoration of village so attached.
  206. Section 190Village, etc., to vest in State Government if not redeemed within twelve years.
  207. Section 191But all processes to be stayed on security being given.
  208. Section 192Procedure in effecting sales.
  209. Section 193Notification of sales.
  210. Section 194Sale by whom to be made; time of sale, etc.
  211. Section 195Postponement of sale.
  212. Section 196Sale of perishable articles.
  213. Section 197When sale may be stayed.
  214. Section 198Sale of movable property when liable to confirmation.
  215. Section 199.Mode of payment for movable property when sale is concluded at once.
  216. Section 200Mode of payment when sale is subject to confirmation.
  217. Section 201Deposit by purchaser in case of sale of immovable property.
  218. Section 202Purchase money when to be paid.
  219. Section 203Effect of default.
  220. Section 204Liability of purchaser for loss by re-sale.
  221. Section 205Notification before re-sale.
  222. Section 206Setting aside sales of movables.
  223. Section 207Application to set aside sale of immovables.
  224. Section 208Order confirming or setting aside sale.
  225. Section 209Purchaser may apply to set aside sale under certain circumstances.
  226. Section 210Application to set aside sale by person owing or holding interest in property.
  227. Section 211Refund of deposit or purchase money when sale set aside.
  228. Section 212On confirmation of sale, purchaser to be put in possession, Certificate of purchase.
  229. Section 213Bar of suit against certified purchaser.
  230. Section 214Application of proceeds of sale.
  231. Section 215Surplus not to be paid to creditors, except under order of court.
  232. Section 216Certified purchaser liable only for land revenue subsequently due.
  233. Section 217Purchasers title.
  234. Section 218Claims to attached property how to be disposed of.
  235. Section 219Bar of revenue officer to bid, etc., at sale.
  236. Section 220Purchase on nominal bid.
  237. Section 221Sum recoverable under provisions of this Chapter.
  238. Section 222Recovery of free grants as arrear of revenue in case of misuse.
  239. Section 223Recovery of monies from survey.
  240. Section 224Subordination of revenue officers.
  241. Section 225Power to transfer cases.
  242. Section 226Power to transfer cases to and from subordinates.
  243. Section 227Power to summon persons to give evidence and produce documents.
  244. Section 228Summons to be in writing, signed and sealed; service of summons.
  245. Section 229Compelling attendence of witness.
  246. Section 230Mode of serving notice.
  247. Section 231Procedure for producing attendance of witnesses.
  248. Section 232Hearing in absence of party.
  249. Section 233Adjournment of hearing.
  250. Section 234Mode of taking evidence in formal enquiries.
  251. Section 235Writing and explanation of decisions.
  252. Section 236Summary inquiries how to be conducted.
  253. Section 237Formal and summary inquiries to be deemed judicial proceedings.
  254. Section 238Ordinary inquiries how to be conducted.
  255. Section 239Copies and translations, etc., how to be obtained.
  256. Section 240Arrest of defaulter to be made upon warrant.
  257. Section 241Power to enter upon and survey land.
  258. Section 242Collector how to proceed in order to evict any person wrongfully in posession of land.
  259. Section 243Power to give and apportion costs.
  260. Section 244Persons by whom apperances and applications may be made before and to revenue or survey officer.
  261. Section 245Saving.
  262. Section 246Application of this Chapter.
  263. Section 246APending applications for conferral of Occupants-Class I Rights.
  264. Section 247Appeal and appellate authorities.
  265. Section 248Appeal when to lie to State Government.
  266. Section 249Appeal against review or revision.
  267. Section 250Periods within which appeals must be brought.
  268. Section 251Admission of appeal after period of limitation.
  269. Section 252Appeal shall not be against certain orders.
  270. Section 253Provision where last day for appeal falls on Sunday or holiday.
  271. Section 254Copy of order to accompany petition of appeal.
  272. Section 255Power of appellate authority.
  273. Section 256Stay of execution of orders.
  274. Section 257Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers.
  275. Section 258Review of orders.
  276. Section 259Rules as to decisions or orders expressly made final.
  277. Section 260Extent of this Chapter.
  278. Section 261Interpretation.
  279. Section 262Power of Collector to fix and to levy assessment for land revenue.
  280. Section 262ARate of assessment not to exceed percentage of market value.
  281. Section 262BStandard rate of assessment.
  282. Section 262CPublication of standard rates of assessment.
  283. Section 262DStandard rate of assessment to be in force for ten years until revised.
  284. Section 262EPeriod of guarantee.
  285. Section 263Settlement of assessment with whom to be made.
  286. Section 264Liability of land revenue.
  287. Section 265Claims of State Government to have precedence.
  288. Section 266Power of Collector to give directions regarding payment of revenue.
  289. Section 267Notice of demand may be served after arrears due.
  290. Section 268Sales how to be conducted.
  291. Section 269Defaulters may be arrested and confined.
  292. Section 270Exemption from attachment and sale.
  293. Section 271Collector’s decision to be acted in the first instance but may be stayed on security being furnished.
  294. Section 272Compulsory process to cease on payment under protest and on filing appeal and furnishing security.
  295. Section 273Fees in respect of warrant for attachment and sale of defaulter’s property. Additional fee.
  296. Section 274Appeals before Maharashtra Revenue Tribunal.
  297. Section 275Court-fees.
  298. Section 276Power of State Government to make grants of lands free of revenue.
  299. Section 277Bombay City Survey recognised.
  300. Section 278State Government may order survey and appoint Superintendent.
  301. Section 279Collector or subordinates may enter upon lands.
  302. Section 280Notice to be served on holder to attend.
  303. Section 281After service of notices, Superintendent may proceed with survey.
  304. Section 282Survey map and register.
  305. Section 283Superintendent may erect boundary marks.
  306. Section 284Maintenance of temporary boundary marks.
  307. Section 285Survey fee may be charged.
  308. Section 286All documents connected with survey to be sent to Collector.
  309. Section 287Maintenance of survey map and register.
  310. Section 288Revision of maps.
  311. Section 289Responsibility for maintenance and repair of boundary marks.
  312. Section 290Collector may require superior holders to renew or repair survey marks. Requisition how made.
  313. Section 291On default, Collector or assistants may enter and renew or repair. Charge for renewal or repair.
  314. Section 292Privilege of title-deeds.
  315. Section 293Proceedings not to be affected by informality.
  316. Section 294Right of Government to lands and foreshore.
  317. Section 295Such lands and foreshore how disposed of.
  318. Section 296Notice of transfer of title to lands, etc., to be given to Collector.
  319. Section 297Form of notice.
  320. Section 298Penalty for neglect to give notice.
  321. Section 299Person transferring title and omitting to give notice to continue liable for revenue.
  322. Section 300Proceeding in case of disputes as to entry or transfer.
  323. Section 301Registration or transfer not to affect right of Government.
  324. Section 302Law applied to summons, etc.
  325. Section 303Dues leviable as revenue demands.
  326. Section 304Power to Collector of Bombay to assist other Collectors in realization of dues.
  327. Section 305Collector to keep registers and rent rolls.
  328. Section 306Rules.
  329. Section 307Saving.
  330. Section 308Definitions.
  331. Section 309Maharashtra Revenue Tribunal.
  332. Section 310President and Members.
  333. Section 311Vacancy and temporary absence.
  334. Section 312Registrar and Deputy Registrars.
  335. Section 313Headquarters.
  336. Section 314Place of sitting.
  337. Section 315Jurisdiction of Tribunal.
  338. Section 316Jurisdiction barred in certain cases.
  339. Section 317Powers of Tribunal under other laws not affected.
  340. Section 318Tribunal to have power of civil court.
  341. Section 319Practice and procedure.
  342. Section 320State Government to be heard in certain cases.
  343. Section 321No appeal to State Government and jurisdiction of court barred.
  344. Section 322Review of orders of Tribunal.
  345. Section 323Manner of executing orders passed by Tribunal.
  346. Section 324Provision for court-fees.
  347. Section 325Rules.
  348. Section 326*Saving— (Deleted by Mah. 25 of 2002, s. 10.)
  349. Section 327Maps and land records open to inspection, etc.
  350. Section 328Rules.
  351. Section 329Provision for previous publication of, and penalty for breach of rules.
  352. Section 330Laying of rules before Legislature.
  353. Section 330ADelegation of powers and duties.
  354. Section 331Certain provisions to apply to alienated villages.
  355. Section 332Holders of land in alienated villages.
  356. Section 333Construction of this Code.
  357. Section 334Amendment of enactments.
  358. Section 335Power to remove difficulty.
  359. Section 336Repeal and savings.
  360. Section 337Construction of reference.