UNIT 9-13

THE MAHARASTRA LAND REVENUE CODE, 1966

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Maharashtra Land
Revenue Code, 1966.
(2) This Code extends to the whole of the State of Maharashtra; but the provisions of Chapters III
(except the provisions relating to encroachment on land), IV, V, VI, VII, VIII, IX, X, XI, XII (except section
242) and XVI (except sections 327, 329, 330, 12[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 13as the State
Government may, by notification in the Official Gazette, appoint and different dates may be appointed for
different provisions.
2. Definitions.—In this Code, unless the context otherwise requires,—
(1) “ agricultural year ” means the year commencing on such date as the State Government may, by
notification in the Official Gazette, appoint ;
(2) “ alienated ” means transferred in so far as the rights of the State Government to payment of
rent or land revenue are concerned, wholly or partially, to the ownership of any person ;
(3) “ boundary mark ” means any erection, whether of earth, stone or other material, and also any
hedge, unploughed ridge, or strip of ground, or other object whether natural or artificial, set up,
employed, or specified by a survey officer or revenue officer having authority in that behalf, in order to
designate the boundary of any division of land ;
(4) “ building ” means any structure, not being a farm building ;

1 Notification No. RB/TC/e-13015(3)(2015)/MLRC-22A/532, dated 9th May 2017, issued by the Office of the Governor of
Maharashtra, See Maharashtra Government Gazette, Part VIII, Extraordinary No. 85, dated 9th May 2017.
2 This indicates the date of commencement of Act.

3 Notification No. RB/DB/e-13016(1)(2017)/890/2017, dated the 14th November 2017, issued by the Office of the Governor of
Maharashtra, See Maharashtra Government Gazette, Part VIII, Extraordinary No. 155, dated the 15th November 2017, pages
1-3.
4 This indicates the date of commencement of Act.

5 Maharashtra Ordinance No. XVII of 2017 was repealed by Mah. 6 of 2018, s. 4.

6 This indicates the date of commencement of Act.
7 This indicates the date of commencement of Act.
8 Maharashtra Ordinance No. IX of 2018 was repealed by Mah. 44 of 2018, s. 7.
9 This indicates the date of commencement of Act.
10 Maharashtra Ordinance No. XXIV of 2019 was repealed by Mah. 34 of 2019, s. 3.
11 This indicates the date of commencement of Act.
12 These figures and letters were inserted by Mah. 35 of 1976, s. 2.
13 15th August 1967 (vide G.N., F.D., No. UNF. 1067-R, dated 11th August 1967).
 (5) “ building site ” means a portion of land held for building purposes, whether any building be
actually erected thereupon or not, and includes the open ground of courtyard enclosed by, or
appurtenant to, any building erected thereupon ;
(6) “ certified copy ” or “certified extract” means a copy of extract, as the case may be, certified in
the manner prescribed by section 76 of the Indian Evidence Act, 1872 (I of 1872) ;
(7) “chavadi” means the place ordinarily used by a village officer for the transaction of village
business ;
1[(7-A) ‘‘ Data Bank ’’ is a bank repository of information maintained at the concerned Collector

office, conclusively certified by the District Head of the concerned Department and updated by him
from time to time, which shall be used by the Collector for ascertaining the objection, if any, of the
concerned Department, while granting permission for use of land for non-agricultural purposes under
the Code ;]
(8) “ estate ” means any interest in lands and the aggregate of such interests vested in a person or
aggregate of persons capable of holding the same ;
(9) “ farm building ” means a structure erected on land assessed or held for the purpose of
agriculture for all or any of the following purposes connected with such land or any other land
belonging to or cultivated by the holder thereof, namely :—
(a) for the storage of agricultural implements, manure or fodder ;
(b) for the 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 intergral part of his cultivating arrangement;
(10) “ gaothan ” or “village site” means the lands included within the site of a village, town or city
as determined by section 122 ;
(11) “ Government lessee ” means a person holding land from Government under a lease as
provided by section 38 ;
(12) “ to hold land ” or “ to be a land-holder or holder of land ” means to be lawfully in possession of
land, whether such possession is actual or not ;
(13) “holding” means a portion of land held by a holder ;
(14) “improvement” in relation to a holding, means any work which adds materially to the value of
the holding which is suitable thereto and consistent with the purpose for which it is held and which, if
not executed on the holding, is either executed directly for its benefit or is, after execution, made
directly beneficial to it; and, subject to the foregoing provisions, includes—
(a) the construction of tanks, wells, water channels, embankments and other works for storage,
supply or distribution of water for agricultural purposes ;
(b) the construction of works for the drainage of land or for the protection of land from floods, or
from erosion or other damage from water ;
(c) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land ;
(d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan
required for the convenient or profitable use or occupation of the holdings; and
(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or
additions thereto ;
but does not include—
(i) temporary wells and such water-channels, embankments, levellings, enclosures or other
works, or petty alterations in or repairs to such works, as are commonly made by cultivators of
the locality in the ordinary course of agriculture ; or

1 This clause was inserted by Mah. 37 of 2014, s. 2.

 (ii) any work which substantially diminishes the value of any land wherever situated, in the
occupation of any other person, whether as occupant or tenant ;
Explanation.—A work which benefits several holdings may be deemed to be an improvement with
respect to each of such holdings ;
(15) “ joint holders ” or “ joint occupants ” means holders or occupants who hold land as co-sharers,
whether as co-shares in family undivided according to Hindu law or otherwise, and whose shares are not
divided by metes and bounds; and where land is held by joint holders or joint occupants, “ holder ” or
“ occupant ”, as the case may be, means all the joint holders or joint occupants ;
(16) “ land ” includes benefits to arise out of the land, and things attached to the earth, or permanently
fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of
villages, or other defined portions of territory ;
(17) “ landlord ” means a lessor ;
(18) “ land records ” means records maintained under the provisions of, or for the purposes of, this
Code and includes a copy of maps and plans of a final town planning scheme, improvement scheme or a
scheme of consolidation of holdings which has come into froce in any area under any law in force in the
State and forwarded to any revenue or survey officer under such law or otherwise ;
(19) “ land revenue ” means all sums and payments, in money received or legally claimable by or on
behalf of the State Government from any person on account of any land or interest in or right exercisable
over land held by or vested in him, under whatever designation such sum may be payable and any cess or
rate authorised by the State Government under the provisions of any law for the time being in force ; and
includes, premium, rent, lease money, quit rent, judi payable by a inamdar or any other payment
provided under any Act, rule, contract or deed on account of any land ;
(20) “ legal practitioner ” has the meaning assigned to it in the Advocates Act, 1961 (25 of 1961) ;
(21) “ non-agricultural assessment ” means the assessment fixed on any land under the provisions of
this Code or rules thereunder with reference to the use of the land for a non-agricultural purpose ;
(22) “ occupancy ” means a portion of land held by an occupant ;
(23) “ occupant ” means a holder in actual possession of unalienated land, other than a tenant or
Government lessee; provided that, where a holder in actual possession is a tenant, the land holder or the
superior landlord, as the case may be, shall be deemed to be the occupant ;
(24) “ occupation ” means possession ;
(25) “ to occupy land ” means to possess or to take possession of land ;
(26) “ pardi land ” means a cultivated land appertaining to houses within a village site ;
(27) “ population ” in relation to any area means population as ascertained at the last preceding census
of which the relevant figures have been published ;
(28) “ prescribed ” means prescribed by rules made by the State Government under this Code ;
(29) “ recognised agent ” means a person authorised in writing by any party to a proceeding under this
Code to make appearances and applications and to do other acts on his behalf in such proceedings ;
(30) “ relevant tenancy law ” means—
(a) in the 1Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands
Act, 1948 (Bom. LXVII of 1948) ;
(b) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and Agricultural
Lands Act, 1950 (Hyd. XXI of 1950) ; and

1 Short title of the Act has been amended as the “ Maharashtra Tenancy and Agricultural Lands Act ” by Mah. 24 of 2012, s. 2 &
3, Schedule, entry 33, w.e.f. 1st May 1960.

H-130-3a
 (c) in the Vidarbha Region of the State of Maharashtra, the 1Bombay Tenancy and Agricultural
Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958).
(31) “ revenue officer ” means every officer of any rank whatsoever appointed under any of the
provisions of this Code, and employed in or about the business of the land revenue or of the surveys,
assessment, accounts, or records connected therewith ;
(32) “ revenue year ” means the year commencing on such date as the State Government may, by
notification in the Official Gazette, appoint ;
(33) “ saza ” means a group of villages in a taluka which is constituted a saza under section 4 ;
2[(33A) “storage device” means an Electronic Device for retention of data in computer and shall include
both hardware and software ; ]
(34) “ Sub-Divisional Officer ” means an Assistant or Deputy Collector who is placed in charge of one or
more sub-divisions of a district ;
(35) “ sub-division of a survey number” means a portion of a survey number of which the area and
assessment are separately entered in the land records under an indicative number subordinate to that of
the survey number of which it is a portion ;
(36) “ survey mark ” means, for the purposes of this Code, a mark erected for purposes of cadastral
survey of land ;
(37) “ survey number ” means a portion of land of which the area and assessment are separately
entered, under an indicative number in the land records and includes–
(i) plots reconstituted under a final town planning scheme, improvement scheme or a scheme of
consolidation of holding which has come into force in any area under any law ; and
(ii) in the districts of Nagpur, Wardha, Chanda and Bhandara any portion of land entered in the
land records under any indicative number known as the khasra number ;

(38) “ superior holder ” except in Chapter XIV means a land-holder entitled to receive rent or land
revenue from other land-holders (called “inferior holders”) whether he is accountable or not for such rent
or land revenue, or any part thereof, to the State Government : Provided that, where land has been
granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies
by a holder of alienated land whose name is authorisedly entered as such in the land records, such holder
shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him, and
the grantee shall, with reference to the grantor, be deemed to be the inferior holder of such land, and for
the purposes of sections 147, 151 and 152 of the Maharashtra Zilla Parishads and Panchayat Samitis Act,
1961 (Mah. V of 1962), 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 ;
3[(42) “ Urban area ” means an area included within the limits of any municipal corporation or
municipal council, constituted under the relevant law for the time being in force and the expression “non-
urban area” shall be construed accordingly ;]
(43) “ village ” includes a town or city and all the land belonging to a village, town or city ;

1 Short title of the Act has been amended as the “Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act” by Mah.
24 of 2012, s. 2 & 3, Schedule, entry 72, w.e.f. 1st May 1960.
2 Clause (33A) was inserted by Mah. 43 of 2005, s. 2.

3 Clause (42) was substituted by Mah. 21 of 2003, s. 2.

 (44) “ wada land ” means an open land in village site used for tethering cattle or storing crops or
fodder, manure or other similar things.
Of Use of Land.
41. Uses to which holder of land for purposes of agriculture may put his land.— 1[(1)]
2[Subject to the provisions of this section, holder of any land] assessed or held for the purpose of agriculture is

entitled by himself, his servants, tenants, agents or other legal representatives to erect farm
3[building], construct wells or tanks or make any other improvements thereon for the better cultivation of

the land, or its more convenient use for the purpose aforesaid.
4[(2) From the date of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 1986
(hereinafter in this section referred to as “such commencement date”) before erection any farm building or
carrying out any work or renewal of, re-construction of, alterations in, or additions to, any such farm
building, or any farm building erected before such commencement date, on any land which is situated,––
(a) within the limits of––
(i) the Municipal Corporation of Greater Bombay,
(ii) the Corporation of the City of Pune,
(iii) the Corporation of the City of Nagpur,
and the area within eight kilometres from the periphery of the limits of each of these corporations ;
(b) within the limits of any other Municipal Corporation constituted under any law for the time
being in force and the area within five kilometres from the periphery of the limits of each such Municipal
Corporation ;
(c) within the limits of the ‘ A ’ Class Municipal Councils and the area within three kilometres from
the periphery of the limits of each such Municipal Council ;
(d) within the limits of the ‘ B ’ and ‘ C ’ Class Municipal Councils ; or
(e) within the area covered by the Regional Plan, Town Planning Scheme, or proposals for the
development of land (within the notified area) or (an area designated as) the site of the new town,
whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) ;
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.
(2) The Collector may, subject to the provisions of sub-section (4) and such terms and conditions as may
be prescribed, grant such permission for erection of one or more farm buildings having a plinth area not
exceeding the limits specified below :––
(i) if the area of the agricultural holding on which one or more farm buildings are proposed to be
erected exceeds 0.4 hectares but does not exceed 0.6 hectares, the plinth area of all such buildings shall
not exceed 150 square metres ; and
(ii) if the area of the agricultural holding on which one or more farms buildings are proposed to be
erected is more than 0.6 hectares, the plinth area of all such buildings shall not exceed one-fortieth area
of that agricultural holding or 400 square meters, whichever is less :
Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in
part, for the residence of members of the family, servants or tenants of the holder, the plinth area of such
building or buildings proposed to be used for residential purpose shall not exceed 150 square meters,

1 Section 41 was renumbered as sub-section (1) of that section by Mah. 32 of 1986, s. 2.

2 These words were substituted for the words “A holder of any land”, by Mah. 32 of 1986, s. 2(a)(i).
3 This word substituted for the word “buildings”, by Mah. 32 of 1986, s. 2(a)(ii).
4 Sub-sections (2) to (6) were added by Mah. 32 of 1986, s. 2(b).
irrespective of the fact that the area of the agricultural holding on which such building or buildings are
proposed to be erected exceeds 0.6 hectares.
(3) The Collector shall not grant such permission––
(a) (i) if the area of the agricultural holding on which such building is proposed to be erected is less
than 0.4 hectares ;
(ii) if the height of such building from its plinth level exceeds 5 meters and the building consists of
more than one floor, that is to say, more than ground floor ;
(iii) for erection of more than one farm building for each of the purposes referred to in clause (9) of
section 2 ;
(b) if any such work of erection invloves renewal or re-construction or alterations or additions to an
existing farm building beyond the maximum limit of the plinth area specified in sub-section (3) or
beyond the limit of the height of 5 meters from the plinth level and a ground floor.
Explanation.––For the 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 holdings, “ plinth area ” means the
aggregate of the plinth area of all such buildings.
(4) Where an agricultural holding is situated within the limits of any Municipal Corporation or
Municipal Council constituted under any law for the time being in force, the provisions of such law or of any
rules or bye-laws made thereunder, or of the Development Control Rules made under the provisions of the
Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or any rules made by the State
or Central Government in respect of regulating the building and control lines for different portions of
National or State highways or major or other district roads or village roads shall, save as otherwise provided
in this section, apply or continue to apply to any farm building or buildings to be erected thereon or to any
work of renewal or reconstructions or alterations or additions to be carried out to the existing farm building
or buildings thereon, as they apply to the building permissions granted or regulated by or under such law or
Development Control Rules or rules in respect of regulating the building and control lines of highways or
roads.
(5) Any land used for the erection of a farm building or for carrying out any work of renewal, re-
construction, alterations or additions to a farm building as aforesaid in contravention of the provisions of
this section shall be deemed to have been used for non-agricultural purpose and the holder or, as the case
may be, any person referred to in sub-section (1) making such use of land shall be liable to the penalties or
damages specified in section 43 or 45 or 46, as the case may be.]
42. Permission for non-agricultural use.—1[(1)] No land used for agriculture shall be used for
any non-agricultural purposes; and no land assessed for one non-agricultural purpose shall be used for any
other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the
conditions imposed at the time of the grant of permission for non-agricultural purpose, except with the
permission of the Collector.
2[(2) Notwithstanding anything contained in sub-section (1), 3[no such permission shall be necessary
for conversion of use of any agricultural land for the personal bona fide residential purpose in non-urban
area, or for the micro enterprise as defined in clause (h) of section 2 of the Micro, Small and Medium
Enterprises Development Act, 2006 (27 of 2006) and small commercial use like shop, flour mill, grocery shop
or chilli grinding machine, operated in such premises in use for the personal bona fide residential purpose in
non-urban area and occupying the area not exceeding forty square meters 4[or for any micro, small and
medium food processing industrial units]]excluding,—

1 Section 42 was renumbered as sub-section (1) thereof and after the said sub-section (1) as so renumbered, sub-section (2) was
added by Mah. 17 of 2007, s. 2.
2 Section 42 was renumbered as sub-section (1) thereof and after the said sub-section (1) as so renumbered, sub-section (2) was

added by Mah. 17 of 2007, s. 2.

3 This portion was substituted for the portion beginning with the words “no such permission” and ending with the words

“residential purpose in non-urban area” by Mah. 19 of 2012, s. 2(a).

4 These words were inserted by Mah. 12 of 2018, s. 3(9).
 (a) the area mentioned in clause (2) of the Explanation to section 47A, as a peripheral area of the
Municipal Corporation or the Municipal Council ;

(b) the area falling within the control line of the National Highways, State Highways, District Roads
or Village Roads ;
(c) the areas notified as the Eco-sensitive Zone by the Government of India.]
1[Provided that, the person who uses such premises for the micro enterprise and such small
commercial purpose, and occupying the area not exceeding forty square meters for such purpose 2[or for any
micro, small and medium food processing industrial units], shall give intimation of the date on which such
change of use of land has commenced and furnish other information in such form as may be prescribed,
within thirty days from such date, to the Tahsildar through the village office and shall also endorse a copy
thereof to the Collector.]
3[Provided further that, the use of land for any micro, small and medium food processing industrial
units shall be deemed to be the use of land for agricultural purpose.]
4[42A. No permission required for change of use of land situate in area covered by

Development plan.—(1) Notwithstanding anything contained in section 42,—

(a) no prior permission of the Collector shall be necessary for conversion of use of any land held as
an Occupants—Class I for any purpose as defined in the sanctioned Development Plan or draft
Development Plan prepared and published as per the provisions of the Maharashtra Regional and
Town Planning Act, 1966 (Mah. XXXVII of 1966); however, the Planning Authority shall ascertain
from the concerned revenue authority the Class of land, its occupancy and encumbrances, if any,
thereupon, and after ascertaining the same, it shall grant the development permission as per the
provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966);
(b) for conversion of use of any land held as an Occupants—Class II or land leased by the
Government, for any purpose as defined in the sanctioned Development Plan or draft Development
Plan prepared and published as per the provisions of the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966), the occupant shall apply to the Planning Authority for permission to
change the use of land, and the Planning Authority shall direct the said occupant to obtain no objection
certificate of the Collector for such change; the Collector shall examine the documents by which the
land is granted and the relevant laws by which the concerned land is governed and, if permissible to
grant no objection certificate, require the applicant to pay the Nazarana and the Government dues for
that purpose; and on payment of the same, the Collector shall issue no objection certificate for change
of use of such land ; on receipt of such certificate, the concerned Planning Authority shall issue
development permission as per the provisions of the Maharashtra Regional and Town Planning Act,
1966 (Mah. XXXVII of 1966).
(2) The person to whom permission is granted under clause (b) of sub-section (1) or the person who
converts the use of land in view of clause (a) of sub-section (1) shall inform in writing to the village officer
and the Tahsildar within thirty days from the date on which the change of use of land commenced.
(3) If the person fails to inform the village officer and the Tahsildar within the period specified in sub-
section (2), he shall be liable to pay in addition to the non-agricultural assessment, a fine of rupees twenty-
five thousand or forty times of the non-agricultural assessment, whichever is higher.
(4) (a) On receipt of the information in writing from the person, who obtained the development
permission, and on payment of conversion tax at the rate mentioned in section 47A and the non-agricultural
assessment therefor, it shall be incumbent upon the concerned revenue authority to grant him sanad in the
form prescribed under the rules within a period of thirty days from payment thereof. In case of delay in
issuing such sanad, the concerned authority shall record his reasons for the same.

1 This proviso was added by Mah. 19 of 2012, s. 2(b).

2 These words were inserted by Mah. 12 of 2018, s. 3(b).
3 This proviso was added by Mah. 12 of 2018, s 3(c).
4 This section was inserted by Mah. 37 of 2014, s. 3.
 Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or
omission, it shall be lawful for the concerned authority either of his own motion or on the application of a
person affected by the error, to direct at any time the correction of any such error.
(b) While granting no objection certificate for the use of land under clause (b) of sub-section (1) or
permission under the Code, the Collector shall grant the no objection certificate or permission relying upon
the Data Bank prepared and certified by the concerned authorities at the District level.
(c) It shall be the responsibility of the District Head of the concerned Department to update the Data
Bank, from time to time.]
1[42B. Provision for conversion of land use for lands included in final Development plan
area.—(1) Notwithstanding anything contained in sections 42, 42A, 44 and 44A, upon publication of the
final Development Plan in any area as per the provisions of the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966), the use of any land comprised in such area shall, if conversion tax, non-
agricultural assessment and, wherever applicable, nazarana or premium and other Government dues as
provided for in sub-section (2) are paid, be deemed to have been converted to the use shown by way of
allocation, reservation or designation in such Development Plan and no separate permission under section
42 or section 44 shall be required for the use of such land for the use permissible under such Development
Plan :
Provided that, where a final Development Plan is already published on or before the date of
commencement of the Maharashtra Land Revenue Code (Amendment) Act, 2017 (Mah. XXX of 2017)
(hereinafter in this section referred to as “the commencement date”), any land comprised in the area under
such Development Plan shall, if the conversion tax, non-agricultural assessment and wherever applicable,
nazarana or premium and other Government dues as provided for in sub-section (2) are paid, be deemed to
have been converted to the use shown by way of allocation, reservation or designation in respect of such
land in such final Development Plan.
(2) Upon publication of the final Development Plan in any area and where there is a final Development
Plan already published, after the commencement date, the Collector shall, on an application made in this
regard or suo motu, determine or cause to be determined the conversion tax at the rate mentioned in section
47A and the non-agricultural assessment for such land on the basis of the use shown in the Development
Plan and give a notice thereof to the concerned occupant for making payment thereof :
Provided that, where such land is held as Occupant Class-II, the Collector shall also examine the
documents by which such land is granted as such and the relevant laws, rules and the Government orders
by which such land is governed and if the conversion to the use shown in the final Development Plan is
permissible thereunder, the Collector shall, wherever necessary, after obtaining prior approval of the
authority competent to allow such conversion, determine nazarana or premium and other Government dues
payable for such conversion, as per special or general orders of the Government, alongwith the amount of
conversion tax and non-agricultural assessment, as aforesaid, and communicate the same to the occupant
for making payment. If the payment as required under this sub-section is done by the occupant, the
Collector shall grant him sanad in the form prescribed under the rules within a period of sixty days from
payment thereof. On issuance of sanad, necessary entry in the record of rights shall be made showing such
land as having been converted to non-agricultural use, with effect from the date of payment as aforesaid :
Provided further that, where the action under this sub-section is undertaken on an application made in
this regard, the notice, after determination of conversion tax and non-agricultural assessment and,
wherever applicable, the amount payable to the Government towards nazarana or premium and other
Government dues as per the prevailing orders of the Government, shall be issued to the concerned
occupant,—
(a) in respect of land held as Occupant Class-I, within 30 days from the date of application ;
(b) in respect of land held as Occupant Class-II,—
(i) within 30 days from the date of application, where the Collector is competent to grant
permission for change of use of such land at his level ;
(ii) within 30 days from the date on which the permission of the authority, competent to allow
such conversion or change of use, is received by the Collector :

1 These sections were inserted by Mah. 30 of 2017, s. 2.

 Provided also that, the non-agricultural assessment done under this section shall, wherever necessary,
be revised for a land in accordance with the development permission accorded by the Planning Authority
and for this purpose, it shall be mandatory for the Planning Authority to furnish a copy of such development
permission to the Collector, in each case within 30 days of grant of such permission or its revision, if any :
Provided also that, the non-agricultural assessment of a land, done on the basis of the use shown in the
Development plan, shall be revised in case the Development Plan is revised or modified by the Government
and as a result thereof, the use of the land shown in the Development Plan changes, with effect from the
date of such revision or modification :
Provided also that, the challan or receipt of payment of conversion tax, non-agricultural assessment
and nazarana or premium and other Government dues under this sub-section shall be regarded as the proof
of the land having been converted to the non-agricultural use shown in the final Development plan and no
further proof shall be necessary.
(3) Nothing in sub-sections (1) and (2) shall be applicable to any land granted by the Government
under section 31 or 38, for specific purpose or to any land acquired by the Government under the relevant
laws and handed over to any individual, institution or company for use, or to any land which is under any
reservation in the Development plan but has not been acquired by the Planning Authority or the
Appropriate Authority.
42C. Provision for coversion of land use for lands included in the draft Regional plan.—
(1) Where a land is situated in an area, for which draft Regional plan has been prepared and necessary
notice regarding such draft Regional plan has been duly published in the Official Gazette or such Regional
plan has been approved and published in the Official Gazette, the use of such land for the purposes of
section 42 or section 44, shall be deemed to have been converted to corresponding non-agricultural use, once
development permission on such land under section 18 of the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966) is granted, if the conversion tax and non-agricultural assessment, as per
the provisions of this Act, and, in respect of a land held as Occupant Class-II, nazarana or premium and
other Government dues levied for such conversion, as per the prevailing orders of the Government and the
relevant provisions of the law, are paid.
(2) Where a land is situated in an area for which draft Regional plan or draft Development plan has
been prepared and necessary notice regarding such draft Regional plan or draft Development plan has been
duly published in the Official Gazette or such Regional plan or, as the case may be, the Development Plan
has been approved and published in the Official Gazette, the permission to build a farm building, given by
the Collector under section 18 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of
1966) or by the Planning Authority under the provisions of the aforesaid Act, shall be deemed to be the
permission envisaged under section 41 for such farm building.]
1[42D. Provision for coversion of land use for the residential purpose.—(1) Any land situated
in an area (hereinafter referred to as “peripheral area”) within 200 meters from the limts of—
(i) the site of any village, or
(ii) town or city, where such land adjacent to the limits of such town or city is allocated to a
developable zone in the draft or final Regional Plan;
shall be deemed to have been converted to non-agricultural use for residential purpose or the purpose
admissible as per draft or final Regional Plan, subject to the provisions of the Development Control
Regulations applicable to such area.
(2) For deemed conversion of the land situated in such peripheral area to the non-agricultural user, the
Collector shall, on an application made in this regard or suo moto, determine or cause to be determined the
conversion tax at the rate mentioned in section 47A and the non-agricultural assessment for such land and
give a notice thereof to the concerned occupant for making payment thereof :
Provided that, where such land is held as Occupant Class-II, the Collector shall also examine the
documents by which such land is granted as such and the relevant laws, rules and the Government orders
by which such land is governed and if the conversion of the land situated in such peripheral area to the non-
agricultural user for the residential purpose or the purpose allowed as per draft or final Regional Plan is
permissible thereunder, the Collector shall, wherever necessary, after obtaining prior approval of the

1 Section 42D was inserted by Mah. 12 of 2018, s. 4.

authority competent to allow such conversion, determine nazarana or premium and other Government dues
payable for such conversion, as per special or general orders of the Government, alongwith the amount of
conversion tax and non-agricultural assessment, as aforesaid, and communicate the same to the occupant
for making payment. If the payment as required under this sub-section is made by the occupant, necessary
entry in the record of rights shall be made showing such land as having been converted to non-agricultural
use, with effect from the date of payment as aforesaid and the Collector shall grant him sanad in the form
prescribed under the rules within a period of sixty days from payment thereof :
Provided further that, where the action under this sub-section is undertaken on an application made in
this regard, the notice, after determination of conversion tax and non-agricultural assessment and,
wherever applicable, the amount payable to the Government towards nazarana or premium and other
Government dues as per the prevailing orders of the Government, shall be issued to the concerned
occupant,—
(a) in respect of land held as Occupant Class-I, within 30 days from the date of application; and
(b) in respect of land held as Occupant Class-II,—
(i) within 30 days from the date of application, where the Collector is competent to grant
permission for change of use of such land at his level; or
(ii) within 30 days from the date on which the permission of the authority, competent to allow
such conversion or change of use, is received by the Collector :
Provided also that, the non-agricultural assessment done under this section for residential or other
admissible purpose shall, wherever necessary, be revised in accordance with the development permission
accorded by the authority competent to grant such permission, and for this purpose, it shall be mandatory
for such competent authority to furnish a copy of such development permission to the Collector, in each case
within 30 days of grant of such building permission :
Provided also that, the challan or receipt of payment of conversion tax, non-agricultural assessment
and nazarana or premium and other Government dues under this sub-section shall be regarded as the proof
of the land having been converted to the non-agricultural use, and no further proof therefor shall be
necessary.
(3) Nothing is sub-sections (1) and (2) shall be applicable to any land granted by the Government under
section 31 or 38, for specific purpose or to any land acquired by the Government under the relevant laws and
handed over to any individual, institution or company for its use, or to any land which is under any
reservation in the draft or final Regional Plan but has not been acquired by the Planning Authority or the
Appropriate Authority.]
43. Restriction on use.—Subject to the rules made by the State Government in this behalf the
Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue
for purposes such as, cultivation of unarable land in a survey number assigned for public purpose,
manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material
from the land assessed for the purpose of agricultural only, so as to destroy or materially injure the land for
cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or any other material
from the land assessed as a building site, excavation of land situated within a gaothan ; and such other
purposes as may be prescribed ; and may summarily evict any person who uses or attempts to use the land
for any such prohibited purpose.
44. Procedure for conversion of use of land from one purpose to another.—(1) 1[Subject to the
provisions of sub-section (2) of section 42, if an occupant of unalienated land or a superior holder of
alienated land or a tenant of such land––
(a) which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural
purpose, or]
(b) if land is assessed or held for a particular non-agricultural purpose, wishes to use it for
another non-agricultural purpose, or

1 This portion was substituted for the portion beginning with the words “If an occupant” and ending with the words “for a non-
agricultural purpose, or” by Mah. 17 of 2007, s. 3.

H 130-6
 (c) desires to use it for the same non-agricultural purpose for which it is assessed but in
relaxation of any of the conditions imposed at the time of grant of land or permission for such non-
agricultural purpose,
such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of
the occupant or superior holder, apply to the Collector for permission in accordance with the form
prescribed.
(2) The Collector, on receipt of an application,––
(a) shall acknowledge the application within seven days ;
(b) may, unless the Collector directs otherwise, return the application if it is not made by the
occupant or superior holder or as the case may be, the tenant or if the consent of the tenant, or as the
case may be, of the occupant or superior holder has not been obtained, or if it is not in accordance with
the form prescribed;
(c) may, after due enquiry, either grant the permission on such terms and conditions as he may
specify subject to any rules made in this behalf by the State Government ; or refuse the permission
applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use
is contrary to any scheme for the planned development of a village, town or city in force under any law
for the time being in force and in the case of land which is to be used as building sites in order to
secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the
health and convenience of the occupiers or are suitable to the locality ; where an application is rejected,
the Collector shall state the reasons in writing of such rejection.
(3) If the Collector fails to inform the applicant of his decision within ninety days from the date of
acknowledgement of the application, or from the date of receipt of the application–if the application is not
acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user
or where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2),
then within ninety days 1[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 2[such fine not exceeding Five hundred rupees
or such amount as may be prescribed, whichever is higher, as may be directed by the Collector].
(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to
the holder thereof in the form prescribed under the rules.
It shall be lawful for the Collector either of his own motion or on the application of a person affected by
the error, to direct at any time the correction of any clerical or arithmetical error in the sanad arising from
any accidental slip or omission.
3[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 (Mah. XXXVII of 1966), or any other law for the
time being in force; or within the agricultural zone of any of such plans or schemes and the

1 These words were inserted by Mah. 4 of 1970, s. 3.

2 These words were substituted for the words “such fine as the collector may, subject to rules made in this behalf direct not
exceeding five hundred rupees” by Mah. 21 of 2017, s. 3.
3 Section 44A was inserted by Mah. 26 of 1994, s. 2.
 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, 1[for a bona-fide industrial use ;
or
(iii) within the area undertaken by a private developer 2[as an Integrated Township Project],
then, no permission for such conversion of use of land shall be required, subject to the following conditions,
namely :––
(a) the person intending to put the land to such use has a clear title and proper access to the said
land ;
(b) such person has satisfied himself that no such land or part thereof is reserved for any other
public purpose as per the Development plan (where such plan exists) and the proposed bona fide
industrial use 3[4[or Integrated Township Project, as the case may be,] does not conflict with the overall
scheme of the said Development plan ;
(c) no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 (I
of 1894) or the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) or covers the
alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by
the State Government ;
(d) such person ensures that the proposed industry 5[6[or Integrated Township Project, as the case
may be,] does not come up within thirty metres of any railway line or within fifteen metres of a high
voltage transmission line ;
(e) there shall be no contravention of the provisions of any law, or any rules, regulations or orders
made or issued, under any law for the time being in force, by the State or Central Government or any
local authority, statutory authority, Corporation controlled by the Central or State Government or any
Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon
Development Rules, Building Regulation, or rules or any provisions with regard to the benefitted zones
of irrigation project and also those pertaining to environment, public health, peace or safety:
7[Provided
that, the provisions of this sub-section shall not apply to the areas notified as the Eco-
sensitive Zone, by the Government of India.]
(2) The person so using the land for a bona fide industrial use 8[9[or Integrated Township Project, as
the case may be,] shall give intimation of the date on which the change of user of land has commenced and
furnish other information, in the prescribed form within thirty days from such date, to the Tahsildar
through the village officers, and shall also endorse a copy thereof to the Collector :
Provided that, where such change of user of land has commenced before the rules prescribing such
form are published finally in the Official Gazette, such intimation and information shall be furnished within
thirty days from the date on which such rules are so published.
(3) (a) If the person fails to inform the Tahsildar and the Collector, as aforesaid, within the period
specified in sub-section (2) or on verification it is found from the information given by him in the prescribed

1 This portion was substituted for the portion beginning with the words “for a bona fide industrial use” and ending with the
words “conditions, namely :––” by Mah. 26 of 2005, s. 2(a)(i).
2 These words were substituted for the words “as a special township project” by Mah. 19 of 2015, s. 2(l)(a).
3 The words “or special township project, as the case may be” were inserted by Mah. 26 of 2005, s. 2(a)(ii).
4 These words were substituted for the words “or special township project”by mah. 19 of 2015, s. 2(l)(b).
5 The words “or special township project, as the case may be” were inserted by Mah. 26 of 2005, s. 2(a) (iii).
6 These words were substituted for the words “or special township project” by Mah. 19 of 2015, s. 2(l) (c).
7 This proviso was added by Mah. 26 of 2005, s. 2(a) (iv).
8 The words “or special township project, as the case may be” were inserted by Mah. 26 of 2005, s. 2(b).
9 These words were substituted for the words “or special township project” by Mah. 19 of 2015, s. 2(ll).

H 130-6a
form that, the use of land is in contravention of any of the conditions specified in sub-section (1), he shall be
liable to either of, or to both, the following penalties, namely :––
(i) to pay in addition to the non-agricultural assessment which may be leviable by or under the
provisions of the Code, 1[such penalty not exceeding rupees ten thousand or such amount as may be
prescribed, whichever is higher, as the Collector may direct] :
Provided that, the penalty so levied shall not be less than twenty times the non-agricultural
assessment of such land irrespective whether it does or does not exceed rupees ten thousand ;
(ii) to restore the land to its original use.
(b) Where there has been a contravention of any of the conditions specified in sub-section (1), such
person shall, on being called upon by the Collector, by notice in writing, be required to do anything to stop
such contravention as directed by such notice and within such period as specified in such notice; and such
notice may also require such person to remove any structure, to fill up any excavation or to take such other
steps as may be required in order that the land may be used for its original purpose or that the conditions
may be satisfied within the period specified in the notice.
(4) (a) If any person fails to comply with the directions or to take steps required to be taken within the
period specified in the notice, as aforesaid, the Collector may also impose on such person a 2[further penalty
not exceeding five thousand rupees or such amount as may be prescribed, whichever is higher, for such
contravention, and a daily penalty not exceeding one hundred rupees or such amount as may be prescribed,
whichever is higher,] for each day during which the contravention continues.
(b) It shall be lawful for the Collector himself to take or cause to be taken such steps as may be
necessary ; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of
land revenue.
(5) As soon as an intimation of use of land for bona fide industrial use 3[4[or Integrated Township
Project], as the case may be,] is received under sub-section (2) and on verification it is found that the holder
of the land fulfils all the conditions specified in sub-section (1), a sanad shall be granted to the holder
thereof in the prescribed form 5[within a period of sixty days in case of bona-fide industrial use and ninety
days in case of Integrated Township Project from the date of receipt of such intimation].
Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or
omission, it shall be lawful for the Collector either of his own motion or on the application of a person
affected by the error to direct at any time the correction of any such error.
6[Explanation-I.––For the purposes of this section “bona fide industrial use” means the activity of

manufacture, preservation or processing of goods, or any handicraft, or industrial business or enterprise,

carried on by any person 7[or the activity of tourism, within the area notified as the tourist place or hill
station, by the State Government] and shall include construction of industrial buildings used for the
manufacturing process or purpose, or power projects and ancillary industrial usages like research and
development, godown, canteen, office-building of the industry concerned or providing housing
accommodation to the workers of the industry concerned, or establishment of an industrial estate including
co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog Vasahats.]
8[Explanation-II.––For the purposes of this section, “Integrated Township Project” means Integrated

Township Project or projects under the Regulations framed for development of Integrated Township Project

1 These words were substituted for the words “such penalty not exceeding rupees ten thousand, as the Collector may subject to
the rules, if any, made in this behalf direct” by Mah. 21 of 2017, s. 4(a).
2 These words were substituted for the portion beginning with the words “further penalty” and ending with the words “One

hundred rupees” by Mah. 21 of 2017, s. 4(b).

3 These words were inserted by Mah. 26 of 2005, s. 2(c).

4 These words were substituted for the words “or special township project” by Mah. 19 of 2015, s. 2(III) (a).
5 These words were added by Mah. 19 of 2015, s. 2(III) (b).

6 The existing Explanation was renumbered as Explanation-I and after the Explanation-I so renumbered, the Explanation-II
was added by Mah. 26 of 2005, s. 2(d).
7 These words were inserted and deemed to have been inserted with effect from 1st July 2000 by Mah. 26 of 2005, s. 2 (e).

8 This Explanation was substituted by Mah. 19 of 2015, s. 2(iv).

by the Government, under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah.
XXXVII of 1966).]
45. Penalty for so using land without permission.—(1) If any land held or assessed for one
purpose is used for another purpose––
(a) without obtaining permission of the Collector under section 44 or before the expiry of the
period after which the change of user is deemed to have been granted under that section, or in
contravention of any of the terms and conditions subject to which such permission is granted, or
(b) in contravention of any of the conditions subject to which any exemption or concession in the
payment of land revenue in relation to such land is granted, the holder thereof or other person
claiming through or under him, as the case may be, shall be liable to the one or more of the following
penalties, that is to say,––
(i) to pay non-agricultural assessment on the land leviable with reference to the altered use ;
(ii) to pay in addition to the non-agricultural assessment which may be leviable by or under
the provisions of this Code such fine as the Collector may, subject to rules made by the State
Government in this behalf, direct ;
(iii) to restore the land to its original use or to observe the conditions on which the
permission is granted within such reasonable period as the Collector may by notice in writing
direct; and such notice may require such person to remove any structure, to fill up any excavation
or to take such other steps as may be required in order that the land may be used for its original
purpose or that the conditions may be satisfied.
(2) If any person fails within the period specified in the notice aforesaid to take steps required by the
Collector, the Collector may also impose on such 1[person a penalty not exceeding three hundred rupees or
such amount as may be prescribed, whichever is higher, for such contravention, and a further penalty not
exceeding thirty rupees or such amount as may be prescribed, whichever is higher,] for each day during
which the contravention is persisted in. The Collector may himself take those steps or cause them to be
taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land
revenue.
Explanation.––Using land for the purpose of agriculture where it is assessed with reference to any
other purpose shall not be deemed to be change of user.
46. Responsibility of tenant or other person for wrongful use.—If a tenant of any holder or any
person claiming under or through him uses land for a purpose in contravention of the provisions of section
42, 43 or 44 without the consent of the holder and thereby renders the holder liable to the penalties specified
in section 43, 44 or 45, the tenant or the person, as the case may be, shall be responsible to the holder in
damages.
47. Power of State Government to exempt lands from provisions of 2[section 41, 42], 44, 45
or 46.—Nothing in 3[section 41, 42,] 44, 45 or 46 shall prevent––
(a) the State Government from exempting any land or class of lands from the operation of any of the
provisions of those sections, if the State Government is of opinion that it is necessary, in the public
interest for the purpose of carrying out any of the objects of this Code to exempt such land or such class of
lands; and
(b) the Collector from 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.
4[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.

1 These words were substituted for the portion beginning with the words “person a penalty” and ending with the words “thirty
rupees” by Mah. 21 of 2017, s. 5.
2 These words and figures were substituted for the word and figures “section 42” by Mah. 32 of 1986, s. 3.

3 These words and figures were substituted for the word and figures “section 42” by Mah. 32 of 1986, s. 3.
4 Section 47A was inserted by Mah. 8 of 1979, s. 2.
 (2) Where any land assessed or held for the purpose of agriculture is situated within 1[the limits of
Mumbai Municipal Corporation area excluding the area of the Mumbai City District or any other Municipal
Corporation area] or of any ‘A’ Class or ‘B’ Class Municipal area or of any peripheral area of any of them,
and––

(a) is permitted, or deemed to have been permitted under sub-section (3) of section 44, to be used
for any non-agricultural purpose ;2[***]

(b) is used for any non-agricultural purpose, without the permission of the Collector being first
obtained, or before the expiry of the period referred to in sub-section (3) of section 44, and is
regularised under clause (b) of 3[section 47 ; or]
4[(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 5[five times or such amount as may be prescribed, whichever is
higher, of] the non-agricultural assessment leviable on such land, in accordance with the purpose for
which it is so used or permitted to be used.
(3) Where any land assessed or held for any non-agricultural purpose is situated in any of the areas
referred to in sub-section (2), and––

(a) is permitted, or deemed to have been permitted under sub-section (3) of section 44, to be used
for any other non-agricultural purpose ; 6[***]

(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 7[section 47 ; or]
8[(c)
is put to a bona fide industrial use as provided in section 44A,–– then, the holder of such land
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 9[five times or such amount as may be prescribed, whichever is
higher, of] the non-agricultural assessment leviable on such land, in accordance with the purpose for
which it is so used or permitted to be used.
Explanation.––For the purposes of this section,––

(1) 10[(a) “ Mumbai Municipal Corporation” means the Mumbai Municipal Corporation constituted
under the Mumbai Municipal Corporation Act (Bom. III of 1888) ;

(b) “any other Municipal Corporation” means all the other existing Municipal Corporations, constituted
under the City of Nagpur Corporation Act, 1948 11 (C.P. and Berar II of 1950) or the Bombay Provincial
Municipal Corporation Act, 194912 (Bom. LIX of 1949), as the case may be ;]

(c) “ ‘A’ Class or ‘B’ Class Municipal area” means any Municipal area classified as ‘A’ Class or, as the
case may be, ‘B’ Class Municipal area under 13[the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965 (Mah. XL of 1965)] ;

1 This portion was substituted for the portion beginning with the words “the limits of Greater Bombay” and ending with the
word “Solapur” by Mah. 23 of 1999, s. 2(1) (a).
2 The word “or” was deleted by Mah. 26 of 1994, s. 3(a) (i).

3 These words and figures were substituted for the word and figures “section 42” by Mah. 26 of 1994, s. 3(a) (ii).
4 This clause was inserted by Mah. 26 of 1994, s. 3(a) (iii).
5 These words were substituted for the words “five times” by Mah. 21 of 2017, s. 6(a).
6 The words “or” was deleted by Mah. 23 of 1999, s. 3(b)(i).
7 These words and figures were substituted for the word and figures “section42” by Mah. 23 of 1999, s. 3(a) (ii).
8 This clause was inserted by Mah. 23 of 1999, s. 3(b) (iii).
9 These words were substituted for the words “five times” by Mah. 21 of 2017, s. 6(b).
10 These clauses were substituted by Mah. 23 of 1999, s. 2(3) (a) (i).
11 Repeated by the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act,
2011 (Mah. 23 of 2012), s. 7.
12 Now, the Maharashtra Municipal Corporations Act (59 of 1949).

13 These words were substituted for the words and figures “the Maharashtra Municipalities Act, 1965” by Mah. 23 of 1999, s.

2(3) (a) (ii).

 (2) “ peripheral area ” in relation to––
1[(a)
Mumbai Municipal Corporation area (excluding the area of the Mumbai City District) and
Municipal Corporation areas of the Nagpur and Pune Municipal Corporations means the area within
eight kilometres from their periphery ; and
(b) all the other Municipal Corporations areas means the area within five kilometres from their
periphery];

(c) any ‘A’ Class or ‘B’ Class Municipal area, means the area within one kilometre from the
periphery of each of such ‘A’ Class or ‘B’ Class Municipal areas.

48. Government title to mines and minerals.—(1) 2[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.
3[* * * * * *]

(2) The right to all mines and quarries includes the right of access to land for the purpose of mining
and quarrying and right to occupy such other land as may be necessary for purposes subsidiary thereto,
including erection of offices, workmen’s dwelling and machinery, the stacking of minerals and deposit of
refuse, the construction of roads, railways or tram-lines, and any other purposes which the State
Government may declare to be subsidiary to mining and quarrying.
(3) If the State Government has assigned to any person its right over any minerals, mines or quarries,
and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-
sections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions
and reservations as he may specify, delegate such powers to the person to whom the right has been
assigned:

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

(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are
infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee
shall pay to such persons compensation for such infringement and the amount of such compensation shall,
in the absence of agreements, be determined by the Collector or, if his award is not accepted, by the civil
court, in accordance with the provisions of the Land Acquisition Act, 1894 (I of 1894).
(5) No assignee of the State Government shall enter on or occupy the surface of any land without the
previous sanction of the Collector unless compensation has been determined and tendered to the persons
whose rights are infringed :

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

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

(7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes
of any mineral from working or derelict mines, quarries, old dumps, fields, bandhas (whether on the plea of
repairing or constructions of bund of the fields or any other plea), nallas, creeks, river-beds, or such other
places wherever situate, the right to which vests in, and has not been assigned by the State Government,

1 These sub-clause were substituted for sub-clauses (a), (b) and (c), by Mah. 23 of 1999, s. 2 (3) (b).
2 These words were substituted for the words, “unless it is otherwise expressly provided by the terms of the grant made by the
State Government, the right to all minerals” by mah. 16 of 1985, s. 14(a).
3 The proviso was deleted by Mah. 16 of 1985, s. 14(b).
 shall, without prejudice to any other mode of action that may be taken against him, be liable, 1[on the order
in writing of the Collector or any revenue officer not below the rank of Tahsildar authorised by the collector
in this behalf, to pay penalty of an amount 2[upto five times]] the market value of the minerals so extracted,
removed, collected, replaced, picked up or disposed of, as the case may be :
3[ * * * * * *]
4[(8) (1) Without prejudice to the provision of sub-section (7), the Collector or any revenue officer

5[ * * * * ] authorised by the Collector in this behalf, may seize and confiscate any mineral
extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry or other place
referred to in sub-section (7), the right to which vests in, and has not been assigned by the State
Government, and may also seize and confiscate any machinery and equipment used for unauthorised
extraction, removal, collection, replacement, picking up or disposal of minor minerals and any means of
transport deployed to transport the same.
(2) Such machinery or equipment or means of transport, used for unauthorised extraction, removal,
collection, replacement, picking up or disposal of minor minerals or transportation thereof, which is seized
under sub-section (1), shall be produced before the Collector or such other officer not below the rank of
Deputy Collector authorised by the Collector in this behalf, within a period of forty-eight hours of such
seizure, who may release such seized machinery, equipment or means of transport on payment by the
owner thereof of such penalty as may be prescribed and also on furnishing personal bond of an amount not
exceeding the market value or the seized machinery, equipment or means of transport, stating therein that
such seized machinery, equipment or means of transport shall not be used in future for unauthorised
extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of
the same]
(9) The State Government may make rules to regulate the extraction and removal of minor minerals
required by the inhabitants of a village, town or city for their domestic, agricultural or professional use on
payment of fees or free of charge as may be specified in the rules.
6[(10)Notwithstanding anything contained in this Act, prior to grant of prospecting license or mining
lease for minor minerals and for grant of concession for the exploitation of minor minerals by auction in the
Scheduled Areas referred to in clause (1) of article 244 of the Constitution of India, the consent of the Gram
Sabha or the Panchayats at the appropriate level shall be mandatory.
Explanation.—For the purposes of this sub-section “Gram Sabha” shall have the same meaning as
assigned to it in Chapter III A of the Maharashtra Village Panchayats Act.]
Explanation.—For the purposes of this section, “minor minerals” means the minor minerals in respect
of which the State Government is empowered to make rules under section 15 of the Mines and Minerals
(Regulation and Development) Act, 1957 (LXVII of 1957).
Of Encroachments on Land.
50. Removal of encroachments on land vesting in Government; provisions for penalty and other
incidental matters.— (1) In the event of any encroachment being made on any land or foreshore vested
in the State Government (whether or not in charge of any local authority) or any such land being used for
the purpose of hawking or selling articles without the sanction of the competent authority, it shall be
lawful for the Collector to summarily abate or remove any such encroachment or cause any article
whatsoever hawked or exposed for sale to be removed; and the expenses incurred therefor shall be
leviable from the person in occupation of the land encroached upon or used as aforesaid.
(2) The person who made such encroachment or who is in unauthorised occupation of the land so
encroached upon shall pay, if the land encroached upon forms part of an assessed survey number,
assessment for the entire number for the whole period of the encroachment, and if the land has not been
assessed, such amount of assessment as would be leviable for the said period in the same village on the
same extent of similar land used for the same purpose. Such person shall pay in addition 2[a fine which
shall be one thousand rupees or such amount as may be prescribed, whichever is higher,] if the land is used
for an agricultural purpose, and if used for a purpose other than agriculture such fine 3[not exceeding two
thousand rupees or such amount as may be prescribed, whichever is higher]. The person caught hawking or
selling any articles shall be liable to pay fine of a sum not exceeding 4[fifty rupees or such amount as may be
prescribed, whichever is higher,] as the Collector may determine.
(3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the
abatement or removal of encroachments on any such lands, and shall fix in such notice a date, which shall
be a reasonable time after such notice, on which the same shall take effect.
 (4) Every person who makes, causes, permits or continues any encroachment on any land referred to in
a notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable
at the discretion of the Collector to a fine not exceeding 5[twenty-five rupees or such amount as may be
prescribed, whichever is higher] in the case of encroachment for agricultural purposes and 6[fifty rupees or

1 These words were substituted for the words “not exceeding one hundred rupee” by Mah. 21 of 2017, s. 7(b).
2 These words were substituted for the words “the fine which shall not be less than five rupees but not more than one thousand
rupees” by Mah. 21 of 2017, s. 8(a) (i).
3 These words were substituted for the words “not exceeding two thousand rupees” by Mah. 21 of 2017, s. 8(a) (ii).

4 These words were substituted for the words “fifty rupees” by Mah. 21 of 2017, s. 8(a) (iii).
5 These words were substituted for the words “twenty five rupees” by Mah. 21 of 2017, s. 8(b) (i).
6 The words were substituted for the words “fifty rupees” by Mah. 21 of 2017, s. 8(b) (ii).
such amount as may be prescribed, whichever is higher] in other cases for every day during any portion of
which the encroachment continues after the date fixed for the notice to take effect.

(5) An order passed by the Collector under this section shall be subject to appeal and revision in
accordance with the provisions of this Code.

(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in
a civil court within a period of six months from the date of the final order under this Code.

51. Regularisation of encroachments.—Nothing in section 50 shall prevent the Collector, if the

person making the encroachment so desires, to charge the said person a sum not exceeding 1[five times or
such amount as may be prescribed, whichever is higher] the value of the land so encroached upon and to fix
an assessment not exceeding 2[five times or such amount as may be prescribed, whichever is higher] the
ordinary annual land revenue thereon and to grant the land to the encroacher on such terms and conditions
as the Collector may impose subject to rules made in this behalf; and then to cause the said land to be
entered in land records in the name of the said person :
Provided that, no land shall be granted as aforesaid, unless the Collector gives public notice of his
intention so to do in such manner as he considers fit, and considers any objections or suggestions which may
be received by him before granting the land as aforesaid. The expenses incurred in giving such public notice
shall be paid by the person making the encroachment ; and on his failure to do so on demand within a
reasonable time, shall be recovered from him as an arrear of land revenue.

52. Value and land revenue how calculated.—(1) For the purposes of sections 50 and 51, the
value of land that has been encroached upon shall be fixed by the Collector according to the market value of
similar land in the same neighbourhood at the time of such valuation; and the annual revenue of such
land shall be assessed at the same rate as the land revenue of similar land in the vicinity.
(2) The Collector’s decision as to the value of land and the amount of land revenue or assessment
payable for the land encroached upon shall be conclusive, and in determining the amount of land revenue,
occupation for a portion of year shall be counted as for a whole year.

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

(1) If in the opinion of the Collector any person is unauthorisedly occupying or wrongfully in possession of
any land or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to
continue the use, occupation or possession of any such land or foreshore by reason of the expiry of the period
of lease or tenancy or termination of the lease or tenancy or breach of any of the conditions annexed to the
tenure, it shall be lawful for the Collector to 3* evict such person 4* *
5[(1-A) Before evicting such person, the Collector shall give him a reasonable opportunity of being
heard and the Collector may make a summary enquiry, if necessary. The Collector shall record his reasons
in brief, for arriving at the opinion required by sub-section (1).]

(2) 6[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 7[two times the
assessment or rent for the land or such amount as may be prescribed, whichever is higher,] for the period of
such unauthorised use or occupation.

1 The words were substituted for the words “fifty times” by Mah. 21 of 2917, s. 9.
2 The words were substituted for the words “fifty times” by Mah. 21 of 2917, s. 9.
3 The words were substituted for the words “fifty rupees” by Mah. 21 of 2017, s. 8(b) (ii).
4 The words, brackets and figure “summary” and “in the manner provided in sub-section (2)” were deleted by Mah. 36 of 1971,
s. 3(a).
5 Sub-section (1A) was inserted by Mah. 36 of 1971, s. 3(b).

6 These words were substituted for the words “The Collector shall serve” by Mah. 36 of 1971, s. 3(c ).
7 These words were substituted for the words, “two times the assessment or rent for land” by Mah. 21 of 2017, s. 10.

H 130-7a
 54. Forfeiture and removal of property left over after summary eviction.—(1) After summary
eviction of any person under section 53, any building or other construction erected on the land or
foreshore or any crop raised in the land shall, if not removed by such person after such written notice as the
Collector may deem reasonable, be liable to forfeiture or to summary removal.
(2) Forfeitures under this section shall be adjudged by the Collector and any property so 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.
154A. [This section has ceased to be in force with effect from 1st December, 1978].
Of Relinquishment of Land.
55. Relinquishment.—An occupant may relinquish his land, that is, resign, in favour of the State
Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of
any person other than the Government or the occupant, by giving notice in writing to the Tahsildar not less
than thirty days before the date of commencement of the agricultural year, and thereupon, he shall cease to
be an occupant from the agricultural year next following such date :
Provided that, no portion of land which is less in extent than a whole survey number or sub-division of
a survey number may be relinquished.
56. Relinquishment of alienated land.—The provisions of sections 35 and 55 shall apply, as far as
may be, to the holders of alienated land.

57. Right of way to relinquished land.—If any person relinquishes land, the way to which lies
through other land which he retains, the right of way through the land so retained shall continue to the
future holder of the land relinquished.
58. Saying of operation of section 55 in certain cases.—Nothing in section 55 shall affect the
validity of the terms or conditions of any lease or other express instrument under which land is, or may
hereafter be held from the State Government.
59. Summary eviction of person unauthorisedly occupying land.—Any person unauthorisedly
occupying, or wrongfully in possession of any land––
(a) to the use or occupation of which by reason of any of the provisions of this Code he is not entitled
or has ceased to be entitled, or
(b) which is not transferable without the previous permission under sub-section (2) of section 36 or
by virtue of any condition lawfully annexed to the tenure under the provisions of section 31, 37 or 44,
may be summarily evicted by the Collector.

1 Section 54A was inserted by Mah. 41 of 1973, s. 2. It remained 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 reentering or remaining on the land or foreshore after
eviction.—Where,—
(a) any person in evicted from any land or foreshore under section 53;
(b) any building or other structure erected on any land or foreshore 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 proceeding 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 authorized 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 failes 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 therefrom by the Collector or officer authorized; and the Collector or officer
authorized may take all such assistance as is necessary for the purpose.”.
72. Land revenue to be paramount charge on land.—(1) Arrears of land revenue due on account of land
by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of
which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all
trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land,
liable to forfeiture; whereupon, the Collector may, subject to the provisions of sub- sections (2) and (3), levy
all sums in arrears by sale of the occupancy or alienated holding, or may otherwise dispose of such occupancy
or alienated holding under rules made in this behalf and such occupancy or alienated holding when disposed
of, whether by sale as aforesaid, or in any manner other than that provided by sub-sections (2) and (3),
shall, unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, encumbrances
and equities theretofore created in favour of any person other than the Government in respect of such
occupancy or holding.

(2) Where any occupancy or alienated holding is forfeited under the provisions of sub-section (1), the
Collector shall take possession thereof and may lease it to the former occupant or superior holder thereof, or
to any other person for a period of one year at a time so however, that the total holding of such holder or, as
the case may be, the person does not exceed the ceiling fixed in that behalf under any law for the time being
in force.
(3) If within three years of the date on which the Collector takes possession of the occupancy or
alienated holding under sub-section (2) the former occupant or superior holder thereof applies for
restoration of the occupancy or alienated holding, the Collector may restore the occupancy or alienated
holding to the occupant or, as the case may be, to the superior holder on the occupant or superior holder
paying arrears due from him as land revenue and a penalty equal to 2[three times the assessment or such
times the assessment as may be prescribed, whichever is higher.] If the occupant or superior holder fails
to get the occupancy or alienated holding restored to him within the period aforesaid, the occupancy
or alienated holding or part thereof shall be disposed of by the Collector in the manner provided in
sub-section (1).
 CHAPTER X
LAND RECORDS
A––Record of Rights
147. Exemption from provisions of this Chapter.—The State Government may, by notification in the
Official Gazette, direct that the provisions of sections 148 to 159 (both inclusive) or any part thereof, shall
not be in force in any specified local area, or with reference to any class of villages or lands, or generally.
148. Record of Rights.—A record of rights shall be maintained in every village and such record
shall include the following particulars :––
(a) the names of all persons (other than tenants) who are holders, occupants, owners or
mortgagees of the land or assignees of the rent or revenue thereof ;
(b) the names of all persons who are holding as Government lessees or tenants including tenants
within the meaning of relevant tenancy law ;
(c) the nature and extent of the respective interests of such person and the conditions or
liabilities, if any, attaching thereto ;
(d) the rent or revenue, if any, payable by or to any of such persons ;
(e) such other particulars as the State Government may prescribe by rules made in this behalf,
either generally or for purposes of any area specified therein.
1[148A. Maintaince of record of rights etc., by using suitable storage device.—The record of
rights maintained under section 148 and the land records maintained under the other provisions of this
Chapter may also be so maintained by using a suitable storage device.]
149. Acquisition of rights to be reported.—Any person acquiring by succession, survivorship,
inheritance, partition, purchase, mortgage, gift, lease or otherwise, any rights as holder, occupant, owner,
mortgagee, landlord, Government lessee or tenant of the land situated in any part of the State or
assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right
to the Talathi within three months from the date of such acquisition, and the said Talathi shall at once give
a written acknowledgemet of the receipt of such report to the person making it :
Provided that, where the person acquiring the right is minor or otherwise disqualified, his guardian or
other person having charge of his property shall make the report to the Talathi :
Provided further that, any person acquiring a right with the permission of the Collector or by virtue of
a registered document shall be exempted from the obligation to report to the Talathi :
Provided also that, where a person claims to have acquired a right with the permission of the Collector
where such permission is required under the provisions of this Code or any law for the time being in force,
such person shall on being required by the Talathi so to produce such evidence of the order by which such
permission is given as may be required by rules made under this Code.
Explanation I.—The rights mentioned above include a mortgage without possession, but do not include
an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of
Property Act, 1882 (IV of 1882).
Explanation II.—A person in whose favour a mortgage is discharged or extinguished or lease
determined, acquires a right within the meaning of this section.
Explanation III.—For the purpose of this Chapter, the term “Talathi” includes any person appointed
by the Collector to perform the duties of a Talathi under this Chapter.
150. Register of mutations and register of disputed cases.—(1) The Talathi shall enter
in a register of mutations every report made to him under section 149 or any intimation of acquisition
or transfer under section 154 or from any Collector.

1 Section 148A was inserted by Mah. 43 of 2005, s. 3.

 (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.
1[Provided that, where the record of rights are maintained under section 148A by using the storage
device, as soon as the Tahsildar in the Taluka receives an intimation under section 154, the Talathi in the
Tahsildar office shall send it to all persons appearing from the record of rights or register of mutations to be
interested in the mutation and to any other person whom he has reason to believe to be interested therein
and also to the concerned Talathi of the village, by short message service or electronic mail or any such
device as may be prescribed; and upon receipt of such intimation, the Talathi of the village shall
immediately make an entry in the register of mutations :
Provided further that, no such intimation as provided under the first proviso shall be required to be
sent by the Talathi in the Tahsildar office of the persons who have executed to document in person before
the officer registering the document under the Indian Registration Act, 1908 (XIV of 1908).]
(3) When any objection to any entry made under sub-section (1) in the register of mutations is made
either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of the
objections in a register of disputed cases. The Talathi shall at once give a written acknowledgement for the
objection to the person making it in the prescribed form.
(4) Disputes entered in the register of disputed cases shall as far as possible be disposed of within one
year by a Revenue or Survey Officer not below the rank of an Aval Karkun and orders disposing of
objections entered in such register shall be recorded in the register of mutations by such officer in such
manner as may be prescribed by rules made by the State Government in this behalf.
(5) The transfer of entries from the register of mutations to the record of rights shall be effected subject
to such rules as may be made by the State Government in this behalf :
Provided that, an entry in the register of mutations shall not be transferred to the record of rights until
such entry has been duly certified.
(6) Entries in the register of mutations shall be tested and if found correct, or after correction, as the
case may be, shall be certified by any Revenue or Survey Officer not below the rank of an Aval Karkun in
such manner as may be prescribed :
2[Provided that, entries in respect of which there is no dispute may be tested and certified by a Circle
Inspector :]
3[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.
4[(8)The Commissioner may specify, from time to time, the storage device for preparation,
maintenance and updation of all registers and documents to be maintained under section 148A.]
151. Obligation to furnish information; obligation to furnish entries from record of rights,
etc., to holder or tenant in booklet form and to maintain booklet, etc.—(1) Any person whose rights,
interests or liabilities are required to be, or have been entered in any record or register, under this Chapter
shall be bound, on the requisition of any Revenue Officer or Talathi engaged in compiling or revising the
record or register, to furnish or produce for his inspection, within one month from the date of such
requisition, all such information or documents needed for the correct compilation or revision thereof as may
be within his knowledge or in his possession or power.

1 These provisions were added by Mah. 30 of 2014, s. 2.

2 This proviso was inserted by Mah. 8 fo 1969, s. 5(a).

3 These words were substituted for the words “Provided that” by Mah. 8 of 1969, s. 5(b).
4 This sub-section was added by Mah. 43 of 2005, s. 4.
 (2) A Revenue Officer or a Talathi to whom any information is furnished or before whom any document
is produced in accordance with the requisition under sub-section (1), shall at once give a written
acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such
document a note under his signature stating the fact of its production and the date thereof and may return
the same immediately after keeping a copy of it, if necessary.
(3) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue
therefor), on making an application in that behalf in writing, may be supplied by the Talathi with a booklet
containing a copy of the record of rights pertaining to such land.
(4) The booklet shall also contain information regarding the payment of land revenue in respect of land
and other Government dues by the holder or, as the case may be, the tenant and also information as
respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts and
such other matters as may be prescribed.
(5) Every such booklet shall be prepared, issued and maintained in accordance with the rules made by
the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing
and maintaining the booklet. 1[The fees so charged may, subject to the orders of the State Government, if
any, be retained by Revenue Officer preparing, issuing and maintaining the booklet.]
(6) Where any booklet is prepared, issued or maintained immediately before the coming into force of
this Act, such booklet shall be deemed to have been prepared, issued and maintained in accordance with the
provisions of this Act and the rules made thereunder until provision is made for preparing, issuing and
maintaining the booklet in any other form or manner under the rules made in that behalf by the State
Government.
2[(7)Every information in so far as it relates to the record of rights, contained in the booklet prepared,
issued or maintained or deemed to have been prepared, issued or maintained in accordance with the
provisions of this Code and the rules made thereunder shall be presumed to be true until the contrary is
proved or until such information is duly modified under this Code.]
152. Fine for neglect to afford information.—Any person neglecting to make the report
required by section 149, or furnish the information or produce the documents required by section
151 within the period specified in that section shall be liable, at the discretion of the Collector, to be
charged with a fine not exceeding five rupees, which shall be leviable as an arrear of land revenue.
153. Requisition of assistance in preparation of maps.—Subject to rules made in this behalf by
the State Goverment—
a. any Revenue Officer or a Talathi may for the purpose of preparing or revising any map or
plan required for, or in connection with any record or register under this Chapter exercise any of
the powers of a Survey Officer under sections 80 and 81 except the power of assessing the
cost of hired labour under section 81, and
b. any Revenue Officer of a rank not lower than that of an Assistant or Deputy Collector or
of a Survey Officer may assess the cost of the preparation or revision of such map or plan and
all contingent expenses, including the cost of clerical labour and supervision, on the lands to which
such maps or plans relate and such costs shall be recoverable as a revenue demand.
154. Intimation of transfers by registering officers.—When any document purporting
to create, assign or extingush any title to, or any charge on, land used for agricultural purposes, or in
respect of which a record of rights has been prepared is registered under the Indian Registration Act,
1908 (XVI of 1908), the officer registrering the document shall send intimation to the Talathi of the
village in which the land is situate and to the Tahsildar of the taluka, in such form and at such times as
may be prescribed by rules made under this Code.
155. Correction of clerical errors.—The Collector may, at any time, correct or cause to
be corrected any clerical errors and any errors which the parties interested admit to have been made
in the record of rights or registers maintained under this Chapter or which a Revenue Officer may
notice during the course of his inspection :

1 These words were added by Mah. 18 of 1976, s. 2(a).

2 This sub-section was added by Mah. 18 of 1976, s. 2(b).

H 130-10
 Provided that, when any error is noticed by a Revenue Officer during the course of his inspection, no
such error shall be corrected unless a notice has been given to the parties and objections, if any, have been
disposed of finally in accordance with the procedure relating to disputed entries.
156. Land records.—In addition to the map, the registers and the record of rights, there shall
be prepared for each village such other land records as may be prescribed.
157. Presumption of correctness of entries in record of rights and register of
mutations.— An entry in the record of rights, and a certified entry in the register of mutations shall be
presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
158. Bar of suits 1[* * *].—No suit shall lie against the State Government or any officer of the State
Government in respect of a claim to have an entry made in any record or register that is maintained under
this Chapter or to have any such entry omitted or amended.
159. Records of rights at commencement of Code.—Until the record of rights of any
area in the State is prepared in accordance with the provisions of this Chapter, the existing record of
rights in force in that area under any law for the time being in force [including the record of rights
prepared under section 115 of the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955)], shall
be deemed to be the record of rights prepared under this Chapter.
NOTES

Maharashtra Land Revenue Code - 1966

• The Maharashtra Land Revenue Code, 1966

• To unify and amend the law relating to land and land revenue in the
State of Maharashtra and to provide for matters connected therewith.

• The Bombay City Land Revenue Act, 1876

• The Bombay Land Revenue Code, 1879

• The Bombay City Survey Act, 1915

• The Bombay Revenue Tribunal Act, 1957 - etc

• State to be divided into revenue divisions –

• Amravati / Aurangabad / Konkan / Nagpur / Nashik / Pune

• The City of Bombay - shall be deemed to be constituted as a

district – The Bombay Suburban District - to be excluded from
the Konkan Division –

• New Division – Bombay Division - City of Bombay & Bombay

Suburban District.

• Definitions:

• Building - means any structure, not being a farm building.

• Farm Building

• Means a structure erected on land assessed or held for

the purpose of agriculture for all or any of the following

• For the storage of agricultural implements,

manure or fodder

• For the storge of agricultural produce

• For sheltering cattle

 • For residence of members of the family, servants
or tenants of the holder

• For any other purpose which is an integral part of

his cultivating arrangement

• Holding - means a portion of land held by a holder.

• Definitions:

• Holder of Land - means to be lawfully in possession of land.

• Occupant - means a holder in actual possession of unalienated

land, other than a tenant / Government lessee – if a holder in
actual possession is a tenant - the superior land holder , shall be
deemed to be the occupant

• Superior holder - means a land-holder entitled to receive rent or

revenue from other land-holders - called “inferior holders” –

• Provided - where land has been granted free of rent or

revenue - subject to the right of resumption - in certain
specified contingencies - by a holder of the 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 - and the grantee
shall - be deemed to be the inferior holder of such land.

• Chapter II - Revenue Officers – Chief Controlling Authority with

respect to land revenue - Commissioner – Each Revenue Division

• Primarily – Revenue / Measuring Lands / Registration / Treasury

Operations
• Collector – in charge of the revenue administration of the district –
Additional / Deputy Collectors –

• Tahasildar – for the Taluka – Circle Officers – Talathis – Powers / Duties

- etc

• Chapter III – Aspects related to Land –

• Title of the State Government – in all lands which is not te

property of others – Public Roads, bridges – nalluhs lakes etc –

• Assignment of lands

• Pastures

• Right to all trees, jungle etc - except in so far as the same may
be the property of persons capable of holding property - vests in
the State Government

• Restrictions on transfers of occupancies by Tribals

• Bar of jurisdiction of Civil Court or authority

• Power to grant leases

• Matters related to use of land.

• Section 41 –

• Holder of any land - assessed or held for the purpose of

agriculture is entitled - to erect farm building, construct
wells or tanks or make any other improvements thereon
for the better cultivation of the land, or its more
convenient use.

• 1986 Amendment – Discuss – application to be made -

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.

• Collector may grant permission - restrictions on plinth

area / height – more than 1 building - discuss

• Any land used for the erection of a farm building or for

carrying out any work of renewal, re-construction,
alterations or additions to a farm building as aforesaid in
contravention - shall be deemed to have been used for
non-agricultural purpose - liable to the penalties or
damages

• Section 42 - Permission for non-agricultural use

• No land used for agriculture shall be used for any non-

agricultural purposes

• No land assessed for one non-agricultural purpose shall be used

for any other non-agricultural purpose

• No land assessed for the same non-agricultural purpose shall be

used in relaxation of any of the conditions imposed at the time
of the grant of permission for such non-agricultural purpose –

• Except with the permission of the Collector

• Such permission not necessary – Just inform the

Tahasildar – 30 days -

• Personal – bonafide – residential purposes – non-

urban areas.

• Use of micro enterprises - Micro, Small and

Medium Enterprises Development Act, 2006

• Small commercial use like shop, flour mill,

grocery shop or chilli grinding machine, operated
in such premises in use for the personal bonafide
 residential purpose - non-urban area - occupying
the area not exceeding forty square meters.

• Use of land for any micro, small and medium

food processing industrial units shall be deemed
to be the use of land for agricultural purpose –
Discuss.

• Section 43 – Restriction on use.

• Collector may regulate or prohibit the use of land liable to the

payment of land revenue - for purposes such as, cultivation of
unarable land assigned for public purpose, removal of earth,
stone, kankar, murum etc – which may material affect
agricultural land - and may evict any person who uses or
attempts to use the land for any such prohibited purpose.

• Section 44 – Procedure for conversion for use of land –

• If a land -

• Which is assessed or held for the purpose of agriculture

– is to be used for a non-agricultural purpose

• If land is assessed or held for a particular non-

agricultural purpose – is to be used for another non-
agricultural purpose

• Desires to use it or the same non-agricultural purpose -

but in relaxation of any of the conditions imposed at the
time of grant of land or permission for such non-
agricultural purpose - apply to the Collector for
permission.

• The Collector - shall acknowledge the application within seven

days.
• The Collector may - return the application - if it is not in
accordance with the form prescribed.

• The Collector may - after due enquiry - either grant the

permission - on such terms and conditions as he may specify –
or may refuse – if necessary to do so – to secure the public
health, safety and convenience – or - if such use is contrary to
any scheme for the planned development of a village, town or
city – reasons for rejections to be given.

• If the Collector fails to inform the applicant of his decision

• Within 90 days from the date of acknowledgement of the

application, or

• If application is not acknowledged – 90 days from the

date of receipt of the application

• Temporary change of uses - within fifteen days from the

date of receipt of application

• In the application was returned by the Collector - then

within 90 days / 15 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.

• When the land is permitted to be used for a non-agricultural

purpose – “sanad” shall be granted – collector can direct at any
time the correction of any clerical or arithmetical error in the
“sanad” arising from any accidental slip or omission
• Section 45 – Penalty for so using land without permission:

• Liable to the one or more of the following penalties,

• To pay non-agricultural assessment on the land leviable

with reference to the altered use ;

• In addition - Such fine as the Collector may, subject to

rules made by the State Government in this behalf, direct

• 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

• Such notice may require such person to remove any

structure, to fill up any excavation or to take such other
steps as may be required in order that the land may be
used for its original purpose or that the conditions may
be satisfied.

• In case of failure to comply – impose a penalty – per day

of continuance – Collector may himself do it – costs to
be recovered.

• The flip side – Using land for the purpose of agriculture

where it is assessed with reference to any other purpose
– Discuss.

• Section 46 – Responsibility of tenant – wrongful use.

• If a tenant - 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 - shall be
responsible to the holder in damages.

• Section 47 – Power of State Government to exempt lands from

provisions.

• Nothing in Section 41, 42, 44, 45 or 46 shall prevent –

• The SG 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 - and

• 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 SG.

• Case Law -Ganesh Ginning & Pressing Co. Ltd. V. State of Maharashtra

• Discuss Facts / Issues / Contentions - Judgement

• Held –

• It is now well settled that the provisions are required to be

understood and interpreted with an object oriented approach and
not in a narrow and pedantic sense.

• Deeming provision takes effect and the permission is deemed to

have been granted - and consequently, the subsequent
communication regarding the application being in filed state
will not affect the deemed permission as it is well beyond the
prescribed period of 90 days.
 • Tenant settled with the petitioner – Even otherwise - the
contention that in case of an objection by a third person
regarding title – beyond the scope of Section 44.

• Section 44 deals, with permission for conversion of use.

Therefore, only the factors concerning grant or refusal of such
permission can be considered. Other objections which are not
germane to the enquiry cannot be taken into consideration and
though such objections are raised, obligation to decide the
application within 90 days cannot be by-passed.

• Therefore, the said communication will have to be quashed and

set aside. The permission for conversion of use of land will be
deemed to have been granted subject to conditions proscribed
by the Rules in respect of such user. Needless to say that the
petitioner will have to pay necessary conversion charges.

• Case Law – Satish Sabharwal and Others v. State of Maharashtra

• Discuss Section 257 / Facts / Issues / Contentions - Judgement

• Held -

• Government had the power to revise – even sou motu -

orders passed by Collector.

• The grounds on the basis of which the Government acted

existed, and therefore the action on the part of the
Government was bonafide and in public interest.

• Although the learned Judges felt that the Government did

not act diligently but still in the public interest the High
Court maintained the order passed by the Government
with the directions to compensate the persons concerned.
 • After hearing arguments at length, in our opinion, the
view taken by the High Court appears to be correct. We
see no reason to interfere with the view taken by the High
Court. Appeal dismissed.

• Section 48 – Government Title to Mines –

• The right to all minerals - whether on surface or underground –

including mines and quarries - declared to be expressly reserved
and shall vest in the State Government - shall have all powers
necessary for the proper enjoyment of such rights.

• The right to all mines and quarries – includes - the right of access
to land for the purpose of mining and quarrying - and right to
occupy such other land - as may be necessary - erection of
offices, workmen’s dwelling and machinery - the construction of
roads, railways or tram-lines, and any other purposes.

• Discuss assignment of such rights

• If – in doing so - the rights of any persons are infringed - the SG

or 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 – Land
Acquisition Act

• 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 – Exceptions.

• Any person who without lawful authority extracts, removes or

disposes of any minerals - without prejudice to any other mode
of action - be liable - to pay penalty of an amount – up to five
times the market value of the minerals – seizure of minerals /
machinery and equipment – Discuss.
 • Discuss – minor minerals – domestic / agricultural use –
payment of fees - SG can make rules.

• If in scheduled areas – before granting prospecting / mining

licence – prior approval of the gram sabha mandatory.

• Case Law - Promoters and Builders Association of Pune v. State of

Maharashtra

• Discuss Minor Minerals – Facts / Issues / Contettions - Judgement

• The said Notification has an inbuilt restriction. It is ordinary earth used

only for the purposes enumerated therein, namely, filling or levelling
purposes in construction of an embankment, road, railways and
buildings which alone is a minor mineral.

• Excavation of ordinary earth for uses not contemplated in the aforesaid

Notification, therefore, would not amount to a mining activity so as to
attract the wrath of the provisions of either the Code

• As use can only follow extraction or excavation it is the purpose of the

excavation that has to be seen. A blanket determination of liability
merely because ordinary earth was dug up, therefore, would not be
justified; what would be required is a more precise determination of the
end use of the excavated earth.

• Quoting from Rashtriya Chemicals and Fertilizers Limited Vs. State of

Maharashtra and Others

• If looked at it that way - every use of the sod, or piercing of the

land with a pick-axe, would, in that eventuality, require sanction
of the authorities. The interpretation so placed, would frustrate
the intention of the grant and lead to patently absurd results. To
equate the earth removed in the process of digging a foundation,
or otherwise, as a mineral product, in that context, would be a
murder of an alien but lovely language.
 • The after math amendment to the Minor Mineral Extraction
(Development and Regulation) Rules, 2013 and as per the
amended Rule No.46 royalty is not payable for excavation of
earth while developing a plot of land if the said earth is utilized
on the very same plot for land levelling or any work in the
process of development of such plot.

• Section 50 – Removal of Encroachment on Government Lands -

• In the event of any encroachment - made on any land or

foreshore - vested in the State Government - or

• Any such land - used for the purpose of hawking or selling

articles - without the sanction of the competent authority –

• It shall be lawful for the Collector to abate or remove any

such encroachment, or

• Cause any article whatsoever hawked or exposed for sale

to be removed - and

• The expenses incurred therefor shall be recovered from

the person in occupation of the land encroached upon or
used as aforesaid.

• Person encroaching – shall pay the assessment – for the period

of the said encroachment – In addition – pay fine – 1k or such
higher amount as prescribed – if agricultural land – and 2k or
such higher amount if non-agriculture.

• Person selling / hawking – 50 or such higher amount – as

determined by the Collector.

• The Collector may - by notice duly served - prohibit or require

the abatement or removal of encroachments - shall fix in such
 notice a date - which shall be a reasonable time after such notice
- on which the same shall take effect.

• Every person who permits or continues any encroachment on

any land referred to in a notice - in addition to the penalties –
liable to an fine – for every day of such continuance – after the
date fixed in the notice.

• Any person establish his right – Civil Court.

• Such order of the Collector – be subjected to appeal – as

provided in Schedule E – to be read with Section 247.

• Case Law: Babamiya s/o Ahmed Shah Inamdar v. Tahasildar

Beed

• Discuss Facts / Issues / Contentions / Judgement

• The necessary condition for exercising powers under Section 50

is that the land or property must vest in the State Government.
Under Section 50, the Collector has no power to remove
encroachment made on the private property of a private person.

• the said encroachment cannot be removed summarily in the

manner it is sought to be done by the impugned notice because
the encroachment is not on the Government land or property. In
the circumstances, the order passed by Tahsildar has to be
quashed

• Section 51 – Regularisation of encroachments – to be read with Rule 43

– 45 - 1971 Rules

• Nothing in Section 50 shall prevent the Collector from -

Granting the land to the encroacher on such terms and conditions
- 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
– if
 • The person making the encroachment so desires – by charging
the said person a sum not exceeding – 5 times or such higher
amount as may be prescribed – of the value of the land, and

• By fixing an assessment not exceeding – 5 times or such higher

amount as may be prescribed – of the ordinary annual land
revenue thereon.

• Collector to give a public notice - of his intention to do so -

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.

• Section 52 – Valuation and Land Revenue –

• 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.

• The annual revenue of such land shall be assessed at the same

rate as the land revenue of similar land in the vicinity.

• Case Law –Jamnadas Meghji v. State of Gujarat

• Discuss Facts / Issues / Contentions - judgement

• Falls out of the preview of the GR

• Besides, after the order of the Mamlatdar dated 27.09.1990, the Deputy
Collector issued notice for taking the matter in 'suo moto' revision on
14.05.1992, i.e. beyond the period of 'reasonable time limit'.

• The orders of the Deputy Collector, Collector, and the Secretary

(Appeals), Revenue Department are hereby quashed and set aside. The
order, pursuant to which the petitioners have already paid the
occupancy price of Rs. 9,750/- is restored
• Section 53 – Summary eviction – unauthorized occupation –
Government land

• If the Collector – opines –

• Any person is in unauthorized occupation or

• Is not entitled or has ceased to be entitled – to the use,

occupation or possession of any such land –

• By reason of the expiry of the period of lease or tenancy

or termination of the lease or tenancy or breach of any of
the conditions annexed to the tenure,

• It shall be lawful for the Collector to evict such person

• Before evicting –

• Make a summary enquiry –

• Give him a reasonable opportunity of being heard

• Record reasons for arriving at his opinion

• Collector to serve a notice – to vacate – if not obeyed – collector

may remove.

• Such person - shall also be liable - to pay a penalty - not

exceeding 2 times the assessment or such amount as may be
prescribed, whichever is higher- for the period of such
unauthorised use or occupation.

• Section 54 –Forfeiture and removal of property left over after summary

eviction.

• After summary eviction - Any building or other construction

erected on the land / or any crop raised in the land - if it has not
removed by such person – after a notice has been served by the
 collector to that effect - shall be liable to forfeiture or to
summary removal.

• Section 59 – Summary eviction of person unauthorisedly occupying

land

• Any person unauthorisedly occupying, or wrongfully in possession of

any land

• 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 – eg Sec 47.

• Which is not transferable without the previous

permission under sub-section (2) of Section 36 –
Occupation of SCs and STs - heritable and transferable –
subject to certain restrictions – Tribal Lands – As
discussed.

• By virtue of any condition lawfully annexed to the tenure

under the provisions of Section 31 – unoccupied land
granted on conditions, Section 37 – occupation rights
conditional to payment of land revenue - or Section 44 -
conversion of use of land – Discuss

• may be summarily evicted by the Collector.

• Section 72 – Land revenue to be paramount charge on land.

• Arrears of land revenue due on account of land by any

landholder shall be a paramount charge on the holding.

• Failure in payment - shall make the occupancy - 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
 • The Collector may – levy amounts - by sale - or may otherwise
dispose – such sale / disposal – shall - be deemed to be free from
- all tenures, rights, encumbrances and equities theretofore
created in favour of any person other than the Government.

• The Collector shall take possession - 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.

• Section 72 – Land revenue to be paramount charge on land.

• If within 3 years of the date on which the Collector takes

possession - the former occupant or superior holder thereof
applies for restoration of the occupancy - Collector may restore
the occupancy – on payment of arrears and a penalty equal to 3
times the assessment or such times the assessment as may be
prescribed, whichever is higher.

• Chapter X – Land Records

• Record of rights – Section 147 – 159 - To be maintained in every

village – to include:

• The names of all persons - other than tenants - who are

holders, occupants, owners or mortgagees of the land or
assignees of the rent or revenue thereof

• The names of all persons who are holding as

Government lessees

• The nature and extent of the respective interests of such

person and the conditions or liabilities, if any, attaching
thereto

• The rent or revenue, if any, payable by or to any of such

persons
 • Such other particulars as the State Government may
prescribe by rules made in this behalf, either generally or
for purposes of any area specified therein.

• Can be maintained by use of suitable storage devices.

• Chapter X – Land Records

• Discuss “7/12 Utara” – VII – ownership / rights details /

XII – matters related to the Agriculture –

• Discuss “ Maharashtra Bhumi Abhilekh” –

“Mahabhulekh.”

• Acquisition of rights to be reported.

• Any person acquiring by succession, survivorship,

inheritance, partition, purchase, mortgage, gift, lease or
otherwise, any rights as holder, occupant, owner,
mortgagee, landlord, Government lessee or tenant of the
land shall

• Report orally or in writing his acquisition of such

right to the Talathi within three months from the
date of such acquisition – to be acknowledged.

• If the person acquiring the right is minor or

otherwise disqualified - his guardian or other
person having charge of his property shall make
the report to the Talathi.

• Accquisition with permission of the Collector –

Discuss.

• Mutations –

• Talathi to maintain a register of mutations – “ferfaars” –

Gav Namuna No 6.
• Every report of acquisition of rights to be
recorded

• Discuss – Procedure – Objections – Register of

Disputed Cases.

• Form 7/12 – Form 6 - Presumed to be true – until

contrary proved.