Maharashtra Land Revenue Code,1966. Sections 1-20

Transcription

1 Maharashtra Land Revenue Code,1966 Sections 1-20

2 Section 1 Short title, extent & commencement The Maharashtra Land Revenue Code,1966 Extends to whole of Maharashtra (some provisions don t apply to city of Bombay. Came into force by Govt. notification dated 15 th August, 1967

3 Section 2 Definitions 1. Agricultural year: Starts from 1 st April 2. Alienated: Transfer of state s rights to the ownership of any person (inam/watan lands) 3. Boundary mark: Erection of earth, stone, hedge etc. set up by survey/revenue officer to designate the boundary of land (cont )

4 Section 2 Definitions 4. Building: any structure, not being a farm building 5. Building site: portion of land held for building purposes 6. Certified copy: certified in a manner prescribed by sec.76 of Indian Evidence Act,1872 (cont )

5 Section 2 Definitions 7. Chavadi: a place used by a village officer for transaction of village business 8. Estate: any interest in lands and the aggregate of such interests vested in a person capable of holding the same 9. Farm building: a structure erected on land held for the purpose of agriculture for following purposes- (cont )

6 Section 2 Definitions Storage of agri. implements, manure or fodder Storage of agri. Produce Sheltering cattle Residence of family members, servants, tenants Any other purpose which is integral part of his cultivating arrangement Provisions of sec. 41 about farm house H - plinth area upto 150 sq.mtrs >0.6 H - 1/40 th area of that holding or 400 sq.mtr, which is less No permission if holding <0.4, ht exceeds 5 mtrs or bldg consists of more than a ground floor

7 Section 2 Definitions 10. Gaothan/village site: Land included within the site of a village 11.Government Lessee: A person holding a land from govt. under a lease. 12.To hold land: to be lawfully in possession of land (cont )

8 Section 2 Definitions 13. Holding: a portion of land held by a person 14. Improvement: in relation to a holding, means any work which adds materially to the value of holding & consistent with the purpose for which it is held. eg: Construction of wells, water channels for agriculture Construction for drainage of land, for protection from floods, erosion etc Leveling, terracing, tree plantation etc. (cont )

9 Section 2 Definitions 15. Joint holders/occupants: who hold land as cosharers, interests are indistinguishable 16.Land: includes benefits to arise out of land,& things attached to the earth, shares in/ charges on, the revenue or rent of villages 17.Landlord: means a lessor Lease is a transfer of right to enjoy immovable property made for certain time or in perpetuity in consideration of a price/service to be given to transferor/lessor (cont )

10 Section 2 Definitions 18.Land records: records maintained under the provisions of this code. Eg. Record of rights, survey records, village records, maps etc. 19. Land revenue: all sums & payments, in money received or legally claimable by the State Govt. from any person on account of any land or interest in or right over the land held by him 20.Legal practitioner: An advocate entitled to appear before any judicial or revenue officer (cont )

11 Section 2 Definitions 21. Non agricultural assessment: the assessment fixed on any land, under this code, with reference to the use of land for a non agricultural purpose 22.Occupancy: a portion of land held by an occupant 23.Occupant: a person in lawful & actual possession of unalienated land. If it is in actual possession of a tenant, a land holder or superior holder is deemed to be the occupant. (cont )

12 Section 2 Definitions 24. Occupation : means possession of the land 25. To occupy land: to possess or to take possession of the land 26. Pardi land: a cultivated land appertaining to houses within a village site. N.A. permission required if it is used for N.A. purpose (cont )

13 Section 2 Definitions 27.Population: as ascertained at the last preceding census of which the relevant figures have been published 28.Prescribed: prescribed by rules made by the state govt. under this code 29.Recognised Agent: a person authorised in writing by any party to a proceeding under this code to make appearances & applications & to do other acts on his behalf (cont )

14 Section 2 Definitions 30.Relevant tenancy law : BT & AL Act,1948 for Bombay area Hyderabad Tenancy & AL Act,1950 for Hyderabad area BT & AL (Vidarbha region) act,1958 for Vidarbha region 31. Revenue Officer: Every officer appointed under any provision of this code & employed in or about the business of the land revenue, surveys, assessment, accounts or records connected therewith. (cont )

15 Section 2 Definitions 32.Revenue year: 1 st August to 31 st July 33.Saza: means a group of villages in a taluka 34.Sub-divisional officer: an Assistant or Deputy Collector placed in charge of one or more subdivisions of a district 35. Sub division of a survey number: the division of survey number when entered into revenue record,is denoted by indicative number below the number of the survey number (cont )

16 Section 2 Definitions 36. Survey mark: A mark erected for purposes of cadastral survey of land 37. Survey number: A portion of land of which the area and assessment are separately entered, under an indicative number in the land records 38. Superior holder: A land holder entitled to receive rent or land revenue from other land holders eg. Inams, tenants (cont )

17 Section 2 Definitions 39. Survey officer: An officer appointed under section 8 of the code. A settlement commr., SLR, DSLR are survey officers 40. Tenant: a lessee including a mortgagee of a tenants rights with possession, but doesn t include a lessee holding directly under the state govt. 41. Unoccupied land: land in a village other than the land held by an occupant, tenant or a govt. lessee (cont )

18 Section 2 Definitions 42.Urban area: the area included within the limits of any municipal corporation or of any village or group of villages notified by state govt. as urban area regard being had to the density of population & of building in the area. Rates of NA assessment are higher than non urban area 43. Village: includes a town or city and all the land belonging to a village, town or city (cont )

19 Section 2 Definitions 44. Wada land: an open land in village site used for tethering cattle or storing crops or fodder, manure or other similar things

20 Section 3 Division of state in to revenue areas Revenue Division District Sub-Division Taluka Village

21 Section 4 Constitution of revenue areas State govt. may by notification in official gazette specify- The districts which constitute a division The sub-divisions which constitute a district The talukas which constitutes a sub-divisions The villages which constitute a taluka Every wadi and any area out side the limits of gaonthan of a village having a separate habitation of not less than 300 to be a village

22 Section 4 Constitution of revenue areas The collector may arrange villages in a taluka which shall constitute a saza and sazas in taluka which shall constitute a circle May alter the limits of or abolish any saza or circle

23 Revenue Officers- Powers and Duties

24 Section 5 Chief Controlling authority in revenue matters Commissioner- chief controlling authority in all matters connected with the land revenue in the division subject to the superintendence, direction and control of the state govt. Imp functions: Leadership & direction to all officers Inspections- Collector, SDO, Tahsil offices Inspections-ZP, PS, Municipal Councils

25 Section 5 Chief Controlling authority in revenue matters Appellate authority in cases decided by dist collector Regional Transport Authority Regional Director of Municipal Administration Awards under Land Acquisition Act Nationalised Bank Advisory Committee Regional Development Corporation Regional Metropolitan Devp. Boards Drought Prone Area Program Small Farmers Development Agencies

26 Section 5 Chief Controlling authority in revenue matters Regional Housing & Area Devp Authority Maharashtra Land Revenue Tribunal Tribal Development Corporation Command Area Devp Councils Dist. Planning & Devp. Councils Kharip & Rabbi Campaigns Member of various committees at State, Divisional & Dist level

27 Section 6 Revenue Officers in Division The State Govt. shall appoint A Commissioner for each division May appoint An Additional Commissioner & many Assistant Commissioners as may be expedient to assist the Commissioner.

28 Section 7 Revenue officers in the district The State Govt. shall appoint - A Collector for each district A Tahsildar for each Taluka May appoint one or more Additional Collectors Assistant Collectors & Deputy Collectors Additional or Naib Tahsildars as it may deem expedient.

29 Section 7 Revenue officers in the district Collector may place any Asst or Dy Collector in charge of a sub divisioncalled a Sub-Divisional officer Circle officer in charge of a circle Talathi for a Saza Kotwals for each village/ group of villages as he may deem fit.

30 Section 8 Survey Officers The State Govt may appoint Settlement Commissioner Director of Land Records Dy.Director of Land Records Superintendent of Land Records Settlement Officers Dist. Inspectors of Land Records Survey Tahsildars

31 Section 9 Combination of officers State Govt. can appoint one & the same person to two or more of the officers or confer upon an officer of one denomination all or any of the powers of any other officer, as may seem expedient.

32 Section 9-A Delegation of powers The State Govt. may direct that the powers to make appointment u/s 7,8,9 be exercisable also by such officer not below the rank of the Collector or SLR.

33 Section 10 Temporary vacancies If a Collector or Tahsildar is disabled from performing his duties, an Addl. or a senior most Dy. Collector, and the Addl. or Naib Tahsildar or senior most subordinate revenue officer in the taluka shall succeed temporarily to the office of the Collector or the Tahsildar until they resume the charge, or a successor is duly appointed.

34 Section 11 Subordination of officers State Government Commissioner Collector Sub Divisional Officer Tahsildar Naib Tahsildar Circle Officer Talathi

35 Section 11 Subordination of officers Settlement Commissioner & Director of Land Records Dy Director of Land Records SLR DSLR

36 Section 12 Appointments to be notified All appointments of all officers of & above the rank of Tahsildar or DILR (DSLR) made under sec. 6,7,8 & 9 shall be duly notified, But the appointment shall take effect from the date on which an officer assumes charge of his office.

37 Section 13 Powers & Duties of Revenue Officers The revenue officer of and above the rank of a Tahasildar shall exercise powers & discharge duties functions under this code Appeal, superintendence and control

38 Functions of Collector Revenue functions Collection of land Revenue Maintenance of Records of Right Determination of paisewari of crops Permission of N.A. use Relief during scarcity, natural calamity like flood, fire, earthquake, epidemics Rehabilitation of PAP Implemtation of Land reform legislation Inspections

39 Functions of Collector Magisterial functions Cr PC The Bombay Police Act The Bombay Prohibition Act Arms Act Mamlatdar s court Act

40 Functions of Collector Non-Revenue functions Census- Population, agricultural, cattle Epidemic control Pest control Elections- prepare voter list, conduct elections Collection of small savings Food and civil supplies Requisition of premises

41 Section 14 Powers & Duties of survey officers, circle officers Survey officer to take cognizance of all matters connected with survey, settelement and record of rights Circle officer to exercise powers over Talathis Talathi: Responsible for collection of land revenue & arrears of Land revenue Duty to prepare all writings, like notices, panchnamas, depositions

42 Section 15 Conferral by state Govt. of powers of revenue officers on other persons The State Govt. may confer on any person possessing the prescribed qualifications, the powers conferred by this code on an Ass./ Dy. Collector or Tahasildar

43 Section 16 Seals The state Govt. shall prescribe what revenue officer shall use a seal, of what size and description

44 Officers who can use the seals Officers Size of the seals Description of seals Commr, Addl Commr, Dy Director of land Records SDO, Asst./Dy.Collectors & SLRs Tahsildar, addl Tah, DILR, Survey Tah, & Naib Seal of rubber & circular in shape with a diameter of 1¾ inches Seal of rubber & circular in shape with a diameter of 1½ inches Seal of rubber & circular in shape with a diameter of 1 inches Designation & HQ of officer with national emblem Designation & HQ of officer with national emblem Designation & HQ of officer with national emblem

45 Section Provisions for recovery of money, papers or other Govt. Property Demand for money, papers etc to be made known in writing to person concerned The collector or SLR or any other officer deputed by them shall in all cases in which he may have a claim on any revenue officer (serving or retired) for public money or papers or other property of state government by writing, under signature and his official seal, require the money, papers or property detained to be delivered to such person as he may specify (cont )

46 Section 17 If the officer or other person aforesaid does not discharge the money/ papers or property, the collector or SLR may cause him to be apprehended and may send him with warrant, to be confined in civil jail till he discharges the sums or delivers up the papers or property demanded from him No person shall be detained in confinement by virtue of any such warrant for a large period than one calendar month

47 Section 18 Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for recovery of papers or property The collector may of his own motion, and upon the application of SLR may also take proceedings to recover any public moneys due by him as recovery of arrears of land revenue. For the purpose of recovering public papers or other property may issue a search warrant. It shall be the duty of all persons in possession of such public money/ person or property of the Govt. to make over the same to the collector and every person knowing where such property is concealed shall be bound to give info of it to the collector

48 Section 19 officer or person in jail may secure his release by furnishing sufficient security The collector shall cause such officer in custody to be liberated & countermand the sale of any property that may have been attached and restore it to the owner

49 Section 20 Title of state in all land, public roads etc. which are not property of others This section declares that all lands which are not property of other shall vest in the state Govt. and the collector has been empowered to dispose of Govt. land subject to the orders of the Commissioner. All public roads, lanes & paths, the bridges, ditches, dikes and fences, the sea bed & harbours, creeks, rivers, streams, nallas, lake etc.