Chapter-II

The Maharashtra Land Revenue Code- 1966

1
 The Maharashtra Land Revenue Code- 1966

HISTORICAL BACKGROUND OF LAND REVENUE SYSTEM

Till recently Land Revenue was an important source of revenue for the State. As other mode of
production and various forms of economic activities developed since independence, this source
of Revenue, which was the main source, in an agrarian country has assumed less important now.
However, in a country like India, where 70% of the population lives in the countryside
depending mainly on agriculture, system of land revenue and the system land tenure is still
significant.

In a federal country like India, during pre-British days, the political, economic and social
relations could be judged by the land relations and revenue system. The administration of Empire
was mainly depending on the establishment of revenue system and revenue collection. The
wealth and glory of the Empire was built upon the revenue extracted from the peasantry.

Thereafter, during Akbar's regime Toder Mal introduced and a system that cultivator was to pay
the price of one sixth share according to the harvest price then prevailing. Malik Ambar, Maratha
Empire, East India Company, introduced rayatvari system in Bombay Presidency, village maps
were prepared, soil classification and Repee-scale and introduced various survey and settlement.

OBJECT, APPLICATION AND DEFINITIONS UNDER THE CODE

An Act to unify and amend the law relating to land and land revenue in the State of Maharashtra.
WHEREAS, it is expedient to unify and amend the law relating to land and land revenue in the
State of Maharashtra and to provide for matters connected therewith.

2
Definition Under Land Revenue Code :

(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 ;

(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

3
(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

(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

4
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 ;

5
(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 1 Bombay 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

(c) in the Vidarbha Region of the State of Maharashtra, the 1 Bombay 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 ;

6
(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 ―nonurban area‖ shall be construed accordingly ;]

(43) “ village ” includes a town or city and all the land belonging to a village, town or city ;

(44) “ wada land ” means an open land in village site used for tethering cattle or storing crops or
fodder, manure or other similar things.

7
FUNCTIONS AND POWERS OF VARIOUS AUTHORITIES

Q.State and explain functions and powers of various authorities under M.L.R Code?

Who are the important revenue officers in the State and what are there powers and duties?

SYNOPSIS

1. Introduction

2. Powers and duties of Collector

(a) Revenue functions

(b Magisterial functions

(i) Central Act

(ii) State Act

(c) Non-revenue functions

(d) Co-ordinating functions

3. Tahsildar

4. Powers of duties of serve officer, circle officers

5. Case Law

6. Conclusion

1) INTRODUCTION

The powers and the duties of the revenue officer are given in S. 13 and 14 of the M.L.R.Code. S.
13 provides that the revenue officers of and above the rank of a Tahsildar shall exercise the
powers and discharge the duties and functions conferred and impose on them respectively under
this Code or under any other law for the time being in force, and so far as is consistent therewith,
all such other powers, duties and functions of appeal, superintendence and control within their
respective jurisdiction; and over the officers subordinate to them as been from time to time be
prescribed by the State Government:

Provided that, the Collector may also exercise throughout his district all the powers and
discharge all the duties and functions conferred or imposed on an Assistant or Deputy Collector
under this Code or under any law for the time being in force and a Tahsildar shall also exercise
such powers as may be delegated to him by the Collector under the general or special orders of
the State Government.

8
Explanation - In this proviso, the expression "a Tahsildar" shall include, and shall be deemed
always to have been included, the expression "an Additional Tahsildar".

(2) The revenue officers aforesaid shall also, subject to the control and the general or special
orders of the State Government, exercise such powers and discharge such duties and functions,
as the State Government may by, an order in writing confer or impose on them for the purpose
only of carrying out the provisions of any law for the time being in force, and so far as is
consistent therewith.

(3) The Additional Commissioner and the Assistant Commissioner, and the Additional Collector
and the Additional Tahsildar shall each exercise within his jurisdiction or part thereof such
powers and discharge such duties and functions of the Commissioner, the Collector or, as the
case may be, the Tahsildar under the provisions of this Code or under any law for the time being
in force, as the State Government may, by notification in the Official Gazette, direct in this
behalf.

(4) The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the
duties and functions and exercise all the powers conferred upon a Collector by this Code or any
law for the time being in force, in relation to the sub-division in his charge:

Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional
Officer not to perform certain duties or exercise certain powers and may reserve the same to
himself or assign them to any Assistant or Deputy Collector subordinate to the Collector:
Provided further that, to such Assistant or Deputy Collector who is not placed in charge of a sub-
division, the Collector shall, under the general orders of the State Government, assign such
particular duties and powers a he may from time to time deem fit.

(5) Subject to the orders of the State Government and of the Commissioner the Collector may
assign to a Naib-Tahsildar within his local limits such of the duties, functions and powers of a
Tahsildar as he may from time to time deem fit.

(6) Subject to such general orders as may from time to time be passed by the Commissioner or
Collector, a Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any
portion of his ministerial duties:

Provided that, all acts and orders of his subordinates when so employed shall be liable to revision
and confirmation by such Tahsildar or Naib Tahsildar.

(7) In all matters not specially provided for by law, the revenue officers shall act according to
the instructions of the State Government.

9
2. POWERS AND DUTIES OF COLLECTOR

He is the head of the District, who is representative of the State and Collector on his behalf the
revenue. He has given the power to defend all the suits in respect of revenues and file the suit on
behalf of the Government. He is the head of the District with regard to all matters connected with
the administration of the District.

(a) Revenue Functions:-

(i) Collection of land revenue and other Government dues.

(ii) Maintenance of Records of Rights.

(iii) Determination of palsewari (Annewari) of crops.

(iv) Permission of non-agricultural use of agricultural land.

(v) Relief during scarcity conditions, semi-scarcity, natural calamities like floods, fire,
earthquake, epidemics etc.

(vi) Rehabilitation of Project affected persons.

(vii) Implementation of Land Reform Legislations.

(viii) Inspection of offices and Records.

(ix) Cases under Treasure Trove Act.

(x) Cases under Bombay Prevention of Fragmentation and Consolidation of Holdings Act,
Indian Forest Act, Court Fees and Registration Act, Debt relief Act, Maharashtra State Co-
operative Societies Act, Evacuee Property Act, Bombay Entertainment Duty Act, 1923,
Maharashtra Advertisement Act, Bombay Betting Tax Act, 1925 (for the Collector of Bombay
and Pune only).

(b) Magisterial functions

(i) Central Acts :-

(1) Code of Criminal Procedure

(2) Press and Registration of Books Act.

(3) Prison (Bombay Furlough and Parole) Rules, 1959.

(4) Arms Act.

10
 (5) The Indian Explosives Act.

ii) State Acts-

(1) The Bombay Police Act.

(2) The Maharashtra Cinematograph Act and Rules.

(3) The Bombay Habitual Offenders Acts and Rules.

(4) The Bombay Prohibition Act.

(5) The Indian Lunacy Act.

(6) Medicinal and Cosmetic Preparations (Excise Duty) Act.

(7) Mamlatdar's Court Act.

c) Non-revenue functions -

(1) Population Agricultural and cattle census.

(2) Epidemic control.

(3) Pest control.

(4) To prepare voter's list for General Elections to Parliament, Legislative Assembly and
Council, Zilla Parishads, Panchayat Samitis, Municipal Councils, Specific Co-operative societies
etc.

(5) Collection of small savings.

(6) Food and civil supplies (including rationing).

(7) Requisition of premises etc.

d) Co-ordinating functioning:

(1) Dist. Planning and Development Councils.

(2) Implementation of E.GS. programmes.

(3) Tribal Welfare.

(4) Protection of Civil Rights.

(5) Pace of industrialisation in the district, etc.

(6) Jail Advisory Committee (he is a member).

11
3. TAHSILDAR

Formerly, he was known as Mamlatdar. Tahsil means Taluka. He is incharge of all revenue
matters in a Taluka.

(1) To carry out all duties of administration under M.L.R Code.

(2) Collection of Revenue at Taluka level to supervise.
(3) To supervise crop experiments and paisewari of crops.
(4) To recover the arrer of Land Revenue.
(5) Supervision and direction on the work of Records of Rights and village accounts.
(6) Dafter Inspection of clerks and Awal Karkuns-monthly
(7) Circle Inspectors - monthly

4) POWERS OF DUTIES OF SURVEY OFFICER, CIRCLE OFFICERS

Powers and duties of survey officers, circle officers, etc. S. 14 (1) Subject to the orders of the
State Government, the survey officers are vested with the cognizance of all matters connected
with the survey, settlement and record of rights and shall exercise all such powers and perform
all such duties as may be provided by this Code or any law for the being in force:

(1) Provided that, a deputy Director of Land records shall exercise such powers and discharge (
such duties and functions, as are exercised or discharged by the Director of Land Records under
this Code or under any law for the time being in force in such cases or classes of cases, as the
State Government or Director of Land Records may direct.

(2) The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers
over the Talathi in his circle and perform such duties and functions as may from time to time be
prescribed.

(3) The Talathi shall be responsible for the collection of land revenue and all amounts
recoverable as arrears of land revenue and shall perform all such duties and functions as are
hereinafter provided by this Code or any law for the time being in force or by order of the State
Government.

(4) Subject to the general orders of the State Government and the Commissioner, the Collector
shall determine from time to time what registers, accounts and other records shall be kept by a
Talathi

(5) It shall also be the duty of a Talathi to prepare, whenever called upon by any superior
revenue or police officer of the taluka or district to do so all writings connected with the concern

12
of a village which are required either for the use of the Central or State Government or the
public. such as notices, reports of inquests, and depositions and examinations in criminal matters.

(6) All other revenue officers shall discharge such duties and functions as the State Government
may direct.

U/s 8 State Government may appoint survey officers who may be designated as "Settlement
Commissioner", "Director of Land Records", "Deputy Director of Land Records",
"Superintendents of Land Records", "Settlement officers". "District Inspectors of Land Records"
and "Survey Tahsildars", or otherwise as may seem requisite.

The object of the appointment of these survey officers is;

(1) to conduct revenue survey, assessment and settlement of land revenue

(2) to assist and settle land revenue of agricultural land

(3) to assist and settle land revenue within the sight of villages, towns and cities

(4) to fix boundaries and boundary marks

Survey Officers:-

The principal object of survey is to major, classify and impose field assessment are in its turn is
revised and liked periodically, in the case of non-agricultural land 'it furnishes air and maps to
parties concerned. The main functions of the Land Record Department are:

(1) To maintain all survey and classification record up to date and for this purpose to carry on
the field officers.

(2) To organise and carry out village and city service on an extensive scale and maintain them in
a state of usefulness.

(3) To take up special survey for private individuals and public bodies such as related Inam
villages if any and survey in connection with railways or Municipal Projects.

(4) To undertake survey and settlement alienated villages.

(5) To supervise the appropriation and maintenance of the record of price and of the periodical
inspection of boundary marks.

(6) To undertake the speedy work in connection with introduction of land revenue settlement
and subsequently to take action for their revision in time. The survey officers by the State
Government under the provisions of this section. They are Revenue Officers as defined in
Section 2(31).

13
The survey work includes :

(1) Measurement of village lands.

(2) Preparation of survey records.

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

(4) Demarcation of boundaries.

(5) Classification of Lands.

(6) Maintaining Field Books etc.

Power to enter upon and survey land: S. 241

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

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

5) CASE LAW

Golden Tobacco Co. V. State of Bombay AIR 1957

In this case Court held that the proceedings before the Tahsildar, Dy. Collector and the Collector
in revenue cases are quasi-judicial proceedings.

6) CONCLUSION

The various revenue Officers appointed under this Act are assigned with specific powers and
functions. The powers and duties of the revenue Officers are given in s.13 and 14, of the
ML.R.Code The source of the authority is the Code and not any delegation of powers by the
State. In exercising his statutory powers, a Revenue Officer is not acting as an agent of the State,
in the administration of the Land Revenue Code.

14
Q.Define the term 'land' and State the provisions relating to permission for non-
agricultural use and procedure for conversion of use of land from one purpose to another.

SYNOPSIS

1. Introduction

2. Definition of land

3. Provision relating to permission for non-agricultural use

4. Procedure, for Conversion of use of land from one purpose to another: S.44

5. No permission required for bonafide industrial use of land -S. 44-A:

6. Penalty for using land without permission-S. 45:

7. RESPONSIBILITY OF TENANT OR OTHER PERSON FOR WRONGFUL USE: S. 46

8. POWER OF STATE GOVERNMENT TO EXEMPT LANDS FROM PROVISIONS OF

SECTION 41, 42, 44, 45 OR 46

9. Liability for payment of conversion tax by holder for change of user of land- S. 47-A:

10. Case Law

11. Conclusion

1. INTRODUCTION

The definition of the land is wide enough to cover benefits arising out of the land it includes
building and well also. The Collector or Survey Officer under this Code is empowered to
regulate or prohibit the use of the land subject to the rules made by the State Government. The
Code provides detail provisions for conversion of use of agricultural land into non-agricultüral
purposes. The Collector has power to impose penalty for using agricultural land for non-
agricultural purposes without permission of the Collector.

2. DEFINITION OF LAND

S.2 (16) of Maharashtra Land Revenue Code, 1966 defines 'land' which includes benefits to arise
out of the land, and things attached to the earth, or permanently fastened to any thing attached to
the earth, and also shares in or charges on, the revenue or rent of villages, or other defined
portions of territory.

15
3. PROVISION RELATING TO PERMISSION FOR NON-AGRICULTURAL USE

a) Permission for non-agricultural use S. 42

No land used for agriculture shall be used for any non-agricultural purpose, 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 or permission for non-agricultural purpose, except with the permission of the Collector.

b) Restriction on use - S. 43

The Collector or the Survey Officer is empowered to regulate or prohibit the use subject to rules
to be made by the State Government. If a person who has used or is attempting to use land for
prohibited purposes as stated in the section, the above officers has discretionary powers to evict
such person.

4) PROCEDURE, FOR CONVERSION OF USE OF LAND FROM ONE PURPOSE TO

ANOTHER: S.44

1. If an occupant of unalienated land or a superior holder of alienated land or a tenant of such

land-

(a) which is assessed or held for the purpose of agriculture, wishes to use it for a non-
agricultural purpose, or,

(b) if land is assessed or held for a particular non-agricultural purpose, wishes to use it for
another non-agricultural purpose, or,

(c) desires to use it for the same non-agricultural purpose for which it is assessed but in
relaxation of any of the conditions imposed at the time of grant of land or permission for such
non-agricultural purpose, such occupant or superior holder or tenant shall, with the consent of the
tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for
permission in accordance with the form prescribed.

2. The Collector on receipt of an application-

(a) shall acknowledge the application within seven days,

(b) may, unless the Collector directs otherwise, return the application if it is not made by the
occupant or superior holder or as the case may be, the tenant or if the consent of the tenant, or as
the case may be, of the occupant or superior holder has not been obtained, or if it is not in
accordance with the form prescribed;

c) may, after due enquiry, either grant the permission on such terins and conditions as he ( may
specify subject to any rules made in this behalf by the State Government, or refuse the

16
permission applied for, if it is necessary so to do to secure public health, safety and convenience
or if such use is contrary to any scheme for the planned development of village, town or city in
force under any law for the time being in force and in the case of land which is to be used as
building sites in order to secure in addition that the dimensions, arrangement and accessibility of
the sites are adequate for the health and convenience of the occupiers or are suitable to the
locality; where an application is rejected, the Collector shall state the reasons in writing of such
rejection.

3. If the Collector fails to inform the applicant of his decision within ninety days from the date
of acknowledgement of the application, or from the date of receipt of the application if the
application is not acknowledged, or within fifteen days from the date of receipt of application for
a temporary change of user or where an application has been duly returned for the purposes
mentioned in clause (b) of sub-section (2), then within ninety days, or as the case may be, within
fifteen days, from the date on which it is again presented duly complied with, the permission
applied for shall be deemed to hae 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, he shall be liable to pay
in addition to the non-agricultural assessment such fine as the Collector may, subject to rules
made in this behalf, direct but not exceeding five hundred rupees.

6.. When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted
to the holder thereof in the form prescribed under the rules.

It shall be lawful for the Collector either of his own motion or on the application of a person
affected by the error, to direct at any time the correction of any clerical or arithmetical error in
the sanad arising from any accidental slip or omission.

S. 44 deals with procedure for conversion of use of land from one purpose to another. It includes

(a) a person desiring to convert use of his land from one purpose to another has to apply to the
Collector:

(b) the application for grant of non-agricultural (N.A.) permission can be made by an occupant or
a superior holder or a tenant with the consent of each other;

(c) the Collector has to follow following procedures -

i.. acknowledgement of the application,

ii. institute inquiry.

17
iii. granting or refusing permission within ninety-days of acknowledgement, or receipt of the
application

iv. if application is for conversion for temporary purpose, application to be decided within 15
days.

v. if application is not in compliance of the provision, he has to return a application

vi. grounds of refusal may be, to secure the public health, safety, convenience or if such use is
contrary to any scheme for the planned development of village, town or city etc.

vii. if the Collector fails to reply within prescribed period, the permission applied for is deemed
to have been granted subject to the conditions prescribed in the rules.

5) NO PERMISSION REQUIRED FOR BONAFIDE INDUSTRIAL USE OF LAND-- S.

44-A:

With a view to promoting industrial growth and to encourage industrialist and entrepreneurs to
start industries in Maharashtra State, the State Government has announced "New Industrial
Policy, 1993. The basic idea of the new industrial policy is to deregulate and rationalize the rules
and procedires relating to setting-up of new industries in the State. According to the new
industrial policy, no permission of the Collector u/s. 42 or 44 of ML.R.C. for conversion of land
to bona fide industrial use shall be required if the land in question is situated within the proposed
or approved industrial zone of a draft or final town planning scheme.

The bona fide industrial use of the land covers activity of manufacture, preservation or
processing of goods, handicraft industry, industrial business or enterprises, construction of
industrial building used for manufacturing process or purpose, power projects, etc.

Such person has to intimate to the Tahsildar through village officer te. Talathi in à prescribed
form and a copy has to be sent to the Collector. After intimation, a process of verification begin.
When it is verified that the holder of the land fulfills all conditions specified, a sanad will be
granted to the holder of the land.

6) PENALTY FOR USING LAND WITHOUT PERMISSION-S. 45:

A person using his land without obtaining permission of the Collector u/s. 44 is liable to one or
more or the following penalties-

(1) to pay N.A. assessment with reference to altered use;

(2) in addition to N.A. assessment, to pay such fine as the Collector may impose according to the
rules:

18
(3) to restore land to its original use or to observe the conditions on which the permission is
granted within such reasonable period, he has to pay penalty not exceeding Rs. 300/- and a
further penalty of Rs. 30/- per day during the period of contravention of the order.

7) RESPONSIBILITY OF TENANT OR OTHER PERSON FOR WRONGFUL USE: S.

46

If a tenant of any holder or any person claiming under or thorough 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. 33 or 45, the tenant or
the person, as the case may be, shall be responsible to the holder in damages.

8) POWER OF STATE GOVERNMENT TO EXEMPT LANDS FROM PROVISIONS OF

SECTION 41, 42, 44, 45 OR 46

Nothing in S. 41, 42, 44, 45 or 46 shall prévent -

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 larid on such terms and
conditions as may be prescribed by him subject to rules made in this behalf by the State
Government.

9) LIABILITY FOR PAYMENT OF CONVERSION TAX BY HOLDER FOR CHANGE

OF USER OF LAND-S.47-A:

If any land is used for other than agricultural purposes, the holder of the land has to pay
additional land revenue which is called the conversion tax. Under this section, the conversion tax
is levied in respect of land situated within the limits of Municipal Corporations, Municipal
Councils, and within the peripheral limits of these Local Bodies. But lands beyond this
peripheral limits, whether they are within village panchayats limits or within 'C' class Municipal
limits are excluded and conversion tax is not leviable on those lands even though their user is
changed.

10) CASE LAW

Shivpalsing V. Secretary of State, AIR 1924 Bom. 369

The Court held that where permission is deemed to be granted, the person using the land for the
non-agricultural use as per his application, is not liable to any fine or penalty under S. 45. In such
case, the order of the Collector to pull down the construction, is clearly defective and entirely

19
beyond the powers of the Collector and would become nullity. The State Government will be
restrained from executing such order by a suit.

11) CONCLUSION

The Collector or the Survey Officer is empowered to regulate or prohibit the use of land subject
to the rules made by the State Government. In addition to the permission for conversion of use of
agricultural land to non-agricultural use, no land used for one non-agricultural purpose should be
used for another non-agricultural purpose without the permission n of the Collector. New
Industrial Policy for the State was introduced in the year 1993. Under the Policy, certain
provisions were made so as to facilitate development of certain areas and for important sector
like Finance and Industry.

20
ASSESSMENT AND SETTLEMENT OFLAND REVENUE OF AGRICULTURAL LAND

Q.Write a detailed note on Assessment and settlement of Land Revenue of lands used for
agricultural purposes.

SYNOPSIS

1. Introduction

2. Main provisions as to assessment and settlement of land revenue of lands used for
agricultural purpose

a) Forecast as to settlement S. 91

b) Power of the Government S. 92:

c) Term of settlement S. 93:

d) Assessment how determined S. 94:

e) Increase in average yield due to improvement at the expense of the holders not to be
taken into account S. 95:

f) How Settlement Officer to proceed for making settlement S. 96:

g) Settlement Report to be printed and published S. 97:

h) Submission to Government of settlement report with statement of objections etc. and

Collectors opinion thereon S. 98:

2. Main provisions as to assessment and settlement of land revenue of lands used for
agricultural purpose

a) Forecast as to settlement S. 91

b) Power of the Government S. 92:

c) Term of settlement S. 93:

d) Assessment how determined S. 94:

e)Increase in average yield due to improvement at the expense of the holders not to be
taken into account S. 95:

f) How Settlement Officer to proceed for making settlement S. 96:

g) Settlement Report to be printed and published S. 97:

21
h) Submission to Government of settlement report with statement of objections etc. and
Collectors opinion thereon S. 98:

i) Reference to Revenue Tribunal S. 99:

j) Order on Settlement Report S. 100:

k) Power of the State Government of exemption S. 101:

l) Introduction of settlement S. 102:

m) Claims to hold land free of land revenue S. 103:

n) Assessment of lands wholly exempt from payment of land revenue S. 104

o) Power of State Government to direct assessment for water advantages S.105

p) Power of Collector to correct errors S. 106:

q) Settlement meant before this Court to be deemed to be made under this Chapter S. 107:

3. Case Law

4. Conclusion

1. INTRODUCTION

A settlement is a process of determining the amount of land revenue due from agricultural land.
This settlement involves three processes-

(1) the classification of soils and the collection of data for the determination of demand;

(2) the determination of the demand:

(3) the introduction of the settlement.

The classification of the soil is made on the basis of type of soil, its depth and natural faults. The
valuation of the lands was put forth first time on a very systematic basis, through medium of
rupee scale in the year 1840 which was developed by Lt. Davidson.

The lands are broadly classified into two types-

(1) Dry crops known as jirayat and

(2) Garden land known as bagayat which was more valuable than jirayat and therefore it was
assessed at higher rate.

22
While assessing the rates of the land a principle of grouping was adopted. The taluka to be
settled must be divided into homogeneous to inconsideration of permanent factors, including
climate, market, standard of husbandry, previous revenue history of taluka and the total demand
to be arrived at. to be distributed among the individual holdings by fixing standard rate of each
group and applying them through the classification value of the holding. The rates were checked
by the total and vice- versa.

In addition to soil factors some more factors of value were also taken into consideration like.
soil, water and position, some natural advantage i.e. deposit of alluvial silt, etc. The terms of
settlement will remain in force for period of 30 years.

2. MAIN PROVISIONS AS TO ASSESSMENT AND SETTLEMENT OF LAND

REVENUE OF LANDS USED FOR AGRICULTURAL PURPOSE

a) Forecast as to settlement S.91

Before directing settlement either the first settlement of land revenue i.e. original or revisional of
any land, the State Government has to cause to obtain a forecast of the probable result of the
settlement. This include further procedure as under-

(a) A notice with the proposals for determination or revision of land revenue is given along with
the terms of settlement.

(b) Inviting objections to the proposed settlement.

(c) The said forecast of the proposals must be delivered to the members of both Houses of the
State Legislature in a prescribed manner and within prescribed period.

(d) A member of the House may propose the suggestion, table a discussion in the House.

(e) The State Government has to accept any resolution passed by the legislature on the forecast,
proposals and will have to consider the objections received from the public.

b) Power of the Government - S. 92:

This section of M.L.R.C. gives power to the State Government to direct original or revision
settlement of land revenue of any land.

c) Term of settlement S. 93:

A term of settlement of land revenue of agricultural land shall remain in force for a period of
thirty years.

d) Assessment how determined-S. 94:

23
For determining the assessment of land revenue, a detail enquiry is made by the Settlement
Officers. The area to be settled is first divided into zones i.e. taluka or groups of taluka which is
homogeneous in respect of climate, rainfall, soil characteristics, principal crops grown in the
area, etc.

The zones are further divided into groups. Following factors are taken into consideration for
forming such groups-

(a) physical configuration

(b) climate and rainfall

(c) prices

(d) yield of principal crops

(e) the land in each group is to be classed as dry crop, rice and garden. Each class of land further
classified as to capability of the soil, existing practice and classification value in the prescribed
manner will be fixed by Settlement Officer.

e) Increase in average yield due to improvement at the expense of the holders not to be
taken into account-S. 95:

But improvement due to other causes such as canal facilities, road communication, etc. which is
not the result of improvement at the expenses of the holder has to be taken into account.

f) How Settlement Officer to proceed for making settlement - S. 96:

A Settlement Officer is appointed for the purposes of carrying out either original or revisional
settlement. He shall divide the lands to be settled into groups and ascertain in the prescribed
manner the average yield of crops of lands for the purpose of the settlement. He then fixed
standard rates for each class of land in each group and after holding an enquiry in the manner
prescribed submit a report to the Collector with proposal for settlement.

g) Settlement Report to be printed and published - S. 97:

The Collector of District has to publish a settlement report in Marathi in each village showing
details as to the existing standard rates and any proposed change in it for inviting objection
publicly Such objection should be sent to in writing and must be sent to him within the
prescribed period.

h) Submission to Government of settlement report with statement of objections etc. and

Collectors opinion thereon - S. 98:

24
After the expiry of the notice period the Collector has to forward settlement report alongwith the
objection received and his comments on it, to the State Government through the Settlement
Commissioner and Divisional Commissioner.

i) Reference to Revenue Tribunal -S.99:

Any person aggrieved by the report published by the Collector has right to approach to
Maharashtra Revenue Tribunal through the State Government within two months from the date
of the notice issued by the Collector. The M.R.T. has to submit its opinion to the Government
within two months from the date of reference made to it.

j) Order on Settlement Report S. 100:

The State Government has to consider the settlement report, the objection received and the
opinion of M.R.T. and has to pass such orders on the settlement as it deems fit. All the material
has to be placed before each House of the State Legislature. The order passed by the State
Government on settlement report is final and cannot be called into question in any case.

k) Power of the State Government of exemption - S. 101:

The State Government has a power to exempt from assessment any land for any advantage
accruing to it from water, after publishing a notice in Marathi in the village concern.

1) Introduction of settlement S. 102:

There are two conditions necessary for the introduction of settlement

1) The Government has to pass orders; (

(2) The notice of the order has to be given in the prescribed manner.

The liability to assessment under the settlement arises only after the settlement is introduced by
publishing notice.

m) Claims to hold land free of land revenue - S. 103:

A person desiring to claim to hold land, wholly or partly free of land revenue is required to prove
his title to the satisfaction of Settlement Commissioner appointed for this purpose.

n) Assessment of lands wholly exempt from payment of land revenue -S. 104:

Land exempted from payment of land revenue u/s. 103, Settlement Officer has to determine the
proper, and full assessment and register it. He has to levy the same as soon as exemption is
withdrawn.

o) Power of State Government to direct assessment for water advantages - S. 105:

25
The State Goverriment may propose to assess separate water rate on completed irrigation.

p) Power of Collector to correct errors S. 106:

Any error in the area or assessment of holding due to mistake of survey or arithmetical
miscalculation can be corrected by the Collectors.

q) Settlement made before this Code to be deemed to be made under this Chapter-S. 107:

It provides that all settlement of land revenue prior to M.L.R.C., 1966 in operation are deemed
to be made under the Code.

CASE LAW

Moreshwar Janardhan V. Emperor, AIR 1928 Bom. 497

In this case the Court held that the liability to assessment under the settlement arises only after
the settlement is introduced under this section by publishing notice. Two conditions are
necessary for introduction of settlement, firstly, the Government has to pass orders and secondly,
the notice of the order has to be given in the prescribed manner.

4. CONCLUSION

The land revenue fixed on any agricultural land can not be increased during the prescribed term.
The land to be grouped together for determining assessment must have many common features.
While ascertaining the average yield of crops, the Settlement Officer should see that increase in
the average yield of the crops of the land due to improvement made in the land by or at the
expenses of the holder are not to be taken into account as improvements are permanently
exempted from taxation. The Settlement Commissioner is empowered to divide the area into
Zones, while the Settlement Officer can divide these Zones into Groups.

26
Q.ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR
NON- AGRICULTURAL PURPOSES-

SYNOPSIS

1. Introduction

2. Assessment and settlement of land revenue of lands used for non-agricultural

a) Non agricultural assessment of lands to be determined on the basis of their non-cultural

use and having regard to urban and non-urban areas S. 109:

b) Procedure for determining non-agricultural assessment of lands in non- urban area S.

110:

c) Procedure for determining non-agricultural assessment in urban area S.

d) Non-agricultural assessment on lands in each block in an urban area S. 112

e) Power of the Collector to fix standard rate of non-agricultural assessment S. 113:

f) Rate of assessment of lands used for non-agricultural purposes S. 114:

g) Date of commencement of non-agricultural assessment S.115:

h) Term of assessment fixed u/s. 110 and 114-S. 116:

i) Lands exempt from payment of non-agricultural assessment S. 117:

j) Revocation of exemption S. 118:

k) Non-agricultural assessment of lands wholly exempt from payment of land revenue S.

119:

l) Non-agricultural assessment fixed before commencement of code to continue in force

until expired S. 120:

3. Case Law

4. Conclusion

27
1. INTRODUCTION

S. 108 to 120 deals with the provision of assessment and settlement of land revenue in respect of
lands used for non-agricultural purposes.

S. 108 deals with determination of full market value which means the amount of market value of
the land plus the amount representing the capitalized assessment for the time being in force. The
capitalized assessment means an amount equal to sixteen times assessment on land for the time
being in force.

2. ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF LANDS USED FOR

NON- AGRICULTURAL

a) Non agricultural assessment of lands to be determined on the basis of their non-

agricultural use and having regard to urban and non-urban areas - S. 109:

The non-agricultural assessment is determined having regard to the urban and non-urban areas in
which the land is situated and to its use. For each category, different procedure is adopted for
fixing N.A. Assessment.

b) Procedure for determining non-agricultural assessment of lands in non-urban area S.

110:

The Collector to divide villages in non-urban areas and which is divided into classes i.e. Class I
and Class II on the basis of market values of land. Urban area means the area included within the
limits of any Municipal Corporation or Municipality. The assessment fixed for non-agricultural
land should not be less than agricultural assessment.

c) Procedure for determining non-agricultural assessment in urban area - S. 111:

The Collector is delegated with legislative function to form block in the urban areas for the
purpose of levying N.A. assessment. This exercise has to be carried out after every ten years.

d) Non-agricultural assessment on lands in each block in an urban area - S. 112:

It shall not exceed three percent of the full market value thereof, when used as building site.

e) Power of the Collector to fix standard rate of non-agricultural assessment-S. 113:

The Collector shall, with the approval of the State Government fix the rate of non-agricultural
assessment per square metre of land in each block in urban area which is known as "standard rate
of non-agricultural assessment", at such percentage of the full market value of such land as may
be prescribed.

This standard rate of non-agricultural assessment shall remain in force for a period of five years
and it can be revised thereafter.

28
f) Rate of assessment of lands used for non-agricultural purposes - S. 114:

The rate of assessment in respect of lands in urban areas -

(a) used for purposes of residential building, shall be the standard rate of non-agricultural
assessment;

(b) used for the purposes of industry shall be one and one half times the standard rate of non-
agricultural assessment;

(c) used for purposes of commerce, shall be thrice the standard rate of non-agricultural
assessment in the areas within the limits of Greater Bombay.

g) Date of commencement of non-agricultural assessment-S. 115:

When permission is granted for agricultural purposes and if the purpose have been changed. the
user has to pay N.A. assessment with effect from the date on which any land is actually used for
N.A. purpose.

h) Term of assessment fixed u/s. 110 and 114-S. 116:

The non-agricultural assessment once fixed shall remain in force during the guaranteed period
and then it may be revised and made leviable from commencement of next guaranteed period.
The revised assessment is not to exceed two times the land revenue payable immediately before
the revision if the land is used for residential purposes. If the land is used for any other N.A.
purpose, the revised assessment is not to exceed six times the land revenue payable immediately
before the revision.

i)Lands exempt from payment of non-agricultural assessment-S. 117:

This section has enumerated the purposes exempted from N.A. assessment. Lands used by an
agriculturist for the purposes of extracting or canning fruit juice, ger making, oil-pressing, cotton
ginning, paddy husking, or other similar purposes from the produce of his own field are to be
considered as occupation subsidiary to agriculture and hence such lands are exempted from the
payment of non- agricultural assessment. Even land occupied wholly and used for public
worship, educational and charitable purposes are exempted from the payment of non-agricultural
assessment. The burial grounds or burning ghats are also exempted from the payment of non-
agricultural assessment.

j) Revocation of exemption -S. 118:

The State Government has power to revoke the exemption granted u/s. 117 if lands só exempted
are not used for the purpose for which exemption is provided. After revocation of exemption, the
land is liable to the payment of assessment in addition to such fine as the Collector may impose.

29
k) Non-agricultural assessment of lands wholly exempt from payment of land revenue-
S.119:

The Collector can determine and register proper non-agricultural assessment on the lands which
are wholly exempt from payment of assessor.

l) Non-agricultural assessment fixed before commencement of code to continue in force

until expired-S. 120:

The N.A. Assessment fixed on land continues to remain in force during the whole of the period
for which the assessment was fixed and until such assessment is revised under the provision of S.
116.

CASE LAW

State of Maharashtra v. Nirlon Synthetic Fibres and Chemicals Ltd. Mh. L...J. 1327

Court held that notice for assessment of non-agricultural land is not a pre-condition. It is a
function carried out by Collector as a part of legislative exercise. Therefore, the principle of
natural justice do not come into play. Notice before constituting blocks u/s. 111 is not necessary.

4. CONCLUSION

When permission is granted for non-agricultural purposes and if the purpose has been changed
the user has to pay N.A. assessment with effect from the date on which any land is actually used
for any purpose. The State Government has power to revoke the exemption granted under S. 117
if lands so exempted are not used for the purpose which exemption is provided. After revocation
of exemption, the land is liable to the payment of assessment in addition to such fine as the
Collector may impose. The N.A. assessment fixed on land continues to remain in force during
the whole of the period for which the assessment was fixed and until such assessment is revised
under the provisions of S.116.

30
Q. What are Record Of Rights ? what is meant by mutation entry ? What particulars are
required to included in the record of rights ? How far entries in the record of rights
presumed to be correct?

OR

Q. What is Record of Rights? What particulars are included therein ? How far are the
entries therein presumed to be correct?

SYNOPSIS

1. Introduction

2. Provisions of Records of Rights

a. Exemption from provisions of this chapter S. 147:

b. Record of Rights S. 148:

c. Acquisition of the rights to be reported S. 149:

d. Register of mutations and register of disputed cases S. 150:

e. Obligation to furnish information, obligation to furnish entries from record of rights,

etc., to 7. Holder or tenant in booklet form and to maintain booklet, etc. S. 151:

f. Fine for neglect to afford information S. 152:

g- Requisition of assistance in preparation of maps S. 153:

h. Intimation of transfers by registering officers S. 154:

i. Correction of clerical errors S. 155:

j. Land records S. 156

k.) Presumption of correctness of entries in record of rights and register of mutations-S.

157:

L) Bar of suits-S. 158:

Record of rights at commencement of Code S. 159:

3. Case Law

4. Conclusion

31
1. INTRODUCTION

Chapter X from S. 147 to 159 deals with the provision of record of rights.

The main principle behind Record of Rights is that all sorts of rights and liabilities in respect of
every piece of land are to be recorded in a document maintained in the village itself by the
Talathi. The record gives particular of all private rights and possession over each parcel of land
rights and possessions acquired by succession, inheritance, partition, purchase, mortgage gift,
lease etc. and also some public rights, easements and rights of Government to trees etc.

Records of rights is not defined in the Code. On the basis of particulars it can be judged that
Record of Rights means rights of persons in or over a land. The forms in which record of various
rights specified in the section are to be maintained.

2. PROVISIONS OF RECORDS OF RIGHTS

a) Exemption from provisions of this chapter-S. 147:

The State Government may by notification in the Official Gazette, direct that the provisions of
Ss. 148 to 159 or part thereof, shall not be in force in any specified local area, or with reference
to any class of villages or lands or generally.

b) Record of Rights-S. 148:

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 the relevant tenancy law;

(c) the nature and extent of the respective interests of such persons and the conditions or
liabilities, if any, attaching thereto;

(d) the rent or revenue, if any, payable by or to any of such persons;

(e) such other particulars as the State Government may prescribe by rules made in this behalf.
either generally or for purposes of any area specified therein.

c) Acquisition of the rights to be reported - S. 149:

Any person acquiring any right or interest in the land by way of succession, survivorship,
inheritance, partition, purchase, mortgage, gift, lease or otherwise shall report orally or in writing
his acquisition of such right to the Talathi within three months from the date of such acquisition

32
and the said Talathi shall at once give written acknowledgement of the receipt of such report to
the person making it.

A person acquiring right with the permission of the Collector or by virtue of a registered
document is exempted from reporting his right to the Talathi, but he has to produce such
evidence if required to do so by the Talathi.

d) Register of mutations and register of disputed cases - S. 150:

The mutation is a continuous process and mutations of rights as they take place are to be
recorded in the chronological order, each change being given a separate number. Any change of
right in land holding is a mutation under the record of rights, the revenue officer must record
who is in actual possession.

S. 150 gives a procedure to be followed by the Revenue Officer in respect of mutation entries
which are in brief as under-

(1) Written acknowledgement by Talathi The Talathi should at once give a written
acknowledgement of the receipt of oral or written report under S. 149 of acquisition of right to
person concerned.

(2) He should immediately enter in the Register of Mutations every report received by him.

(3) He should similarly enter in the Register of Mutations any intimation of acquisition or
transfer by a Registering Officer u/s. 154 of the Code or by any officer.

(4) After making an entry, he should post up a complete (full) copy of entry in a conspicuous
place in the chavadi.

(5) He should, intimate to all persons concerned about mutations.

(6) Before certifying, he should mark in pencil the mutation number.

(7) If any objections to this is raised orally or in writing he should record the particulars in the
register of disputed cases. A written acknowledgement to the person who makes objections
should be given.

(8) Aval Karkun or Circle Inspector should certify the entry, thereupon the Talathi should record
it in the record of rights.

(9) When competent authority cancels any entry, the Talathi should rub the pencil entry.

33
(10) He should correct the relevant village forms and their abstract in accordance with a
certified'entry. Circle Inspector should check and initial on all the corrections made on land
records maintained in the village.

(11) On Khate-Pustika, all details of the records of rights should be written.

(12) The Records of Rights should be brought up-to-date by the Talathi.

e) 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. S. 151:

(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
document needed for the correct compilation or revision thereof as may be within his knowledge
or in his possession or power.

(2) A revenue officer or a Talathi to whom any information is furnished or before whom any
document is produced, 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 there of, 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. 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) When 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 there under until provision is made
for preparing, issuing and maintaining the booklet in any other form or manner under the rules
made in that behalf by the State Government.

34
(7) Every information in so far as it relates to the records of rights, contained in the booklet
prepared, issued, or maintained or deemed to have been prepared, issued or maintained in
accordance with the provisions of this Code and the rules made there under shall be presumed to
be true until the contrary is proved or until such information is duly modified under this Code.

f) Fine for neglect to afford information - S. 152:

Any person neglecting to make the report required by S. 149, or furnish the information or
produce the documents required by S. 151 within the period specified in that section shall be
liable, at the discretion of the Collector, to be charged a fine not exceeding five rupees, which
shall be leviable as an arrear of land revenue.

g) Requisition of assistance in preparation of maps - S. 153:

Subject to rules made in this behalf by the State Government-

(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 u/s. 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.

h) Intimation of transfers by registering officers - S. 154:

When any document purporting to create, assign or extinguish 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, the officer registering 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 the Code.

i) Correction of clerical errors - S. 155:

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.

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.

35
j) Land records S. 156

In addition to the map, the registers and the record of rights, there shall be prepared for each
village such other land as may be prescribed.

k) Presumption of correctness of entries in record of rights and register of mutations - S.

157:

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.

l) Bar of suits-S. 158:

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 entry omitted or amended.

m) Record of rights at commencement of Code S. 159:

Until the record of rights of any area in the State is prepared in accordance with the provisions of
the 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 u/s. 115 of Madhya Pradesh Land Revenue Code,
1954, shall be deemed to be the record of rights prepared under this Chapter.

3. CASE LAW

In Anandi Bai Bhaskar v. Narayan, AIR 1915 Bom. 63, it was held that an entry in the record of
rights and a certified entry in the mutation register will be presumed to be true statement of their
contents and in the absence of any other evidence, the Court will rely upon the facts so entered.

4. CONCLUSION

The Government has power to exempt any land from the provision of this Chapter e.g. Gaothan.
unsurveyed villages and villages in the reserved forest areas. The record of right is not defined in
the Code. The mutation entry by itself does not establish any title to any immovable property.
The person who raises dispute about incorrectness of the entry in the Record of Rights has to
prove his allegations. The entries in the record of rights, Register of Mutation etc., are evidence
of facts recorded therein under S. 35 of the Indian Evidence Act, though it is not conclusive
evidence.

36
 APPEALS, REVISION AND REVIEW

Q. Explain the various provisions of Appeal, Revision and Review under the
Maharashtra Land Revenue Code, 1966.

SYNOPSIS

1. Introduction
2. Appeal

a. Appeal and appellate authorities Sec. 247.

b. Appeal when to lie to State Government Sec. 248.
c. Appeal against review or revision Sec. 249.
d. Periods within which appeals must be brought Sec. 250
e. Admission of appeal after period of limitation Sec. 251
f. Appeal shall not be against certain orders Sec. 252
g. Provision where last day for appeal falls on Sunday or holiday Sec. 253
h. Copy of order to accompany petition of appeal Sec. 254
i. Power of appellate authority Sec. 255.
j. Stay of execution of orders. Sec. 256.

3. Revision-Sec. 257
4. Review-Sec. 258
5. Rules as to decisions or orders expressly made final Sec 259,
6. Case Law
7. Conclusion

1. INTRODUCTION

Appeal is a continuation of a proceeding wherein an aggrieved party takes a decision

to the appellate authority for the redressal of the grievances. Appeal and revision are
mutually exclusive. When there is appeal, there is no revision.
Under Maharashtra Land Revenue Code, 1966 there can be only two appeals from an
order passed by a Revenue Officer to his immediate Superior Officer.
Chapter XIII, Ss. 246 to 259 deals with provisions of appeal, revision and review. S.
246 provides that the proceeding before Maharashtra Revenue Tribunal are regulated by
Chapter XV of the Code and not by the Chapter XIII of this Code.

2. APPEAL

37
a) Appeal and appellate authorities:- Sec. 247

1) In the absence of any express provisions of this code, or of any law for the time being
in force to the contrary, an appeal shall lie from any decision or order passed by revenue
or survey officer specified in column 1 of the Schedule E under this Code or any other
law for the time being in force to the officer specified in column 2 of that Schedule
whether or not such decision or order may itself have been passed on appeal from the
decision of order of the officer specified in column 1 of the said Schedule:
Provided that, in no case the number of appeals shall exceed two.

2) When on account of promotion or change of designation, an appeal against any

decision or order lies under this section to the same officer who has passed the decision
or order appealed against, the appeal should lie to such other officer competent to decide
the appeal to whom it may be transferred under the provisions of this Code.

b) Appeal when to lie to State Government: - Sec. 248

An appeal shall lie to the State Government from any decision or order passed by a
Commissioner or by a Settlement Commissioner or by a Director of Land Records, or by
a Deputy Director of Land Records invested with powers of Director of Land Records,
except in case of any decision or order passed by such officer on appeal from a decision
or order itself recorded in appeal by any officer sub-ordinate to him.

c) Appeal against review or revision:- Sec. 249

1) An order passed in review varying or reversing any order shall be appealable in the
like manner as an original decision or order.
2) An order passed in revision varying or reversing any order shall be appealable as if it
were an order passed by the revisional authority in appeal.

In Panjaram v. Khandelwal Ferro Alloys Ltd., AIR 1972 Bom. 339, it was held that
where an appeal is filed before the Commissioner, the Commissioner treated the appeal
as revision and rejected the same. The further appeal to the State Government is not
tenable.

d) Periods within which appeals must be brought: - Sec. 250

The period for appeal against the decision or order of the officer below the rank of the
Collector or Superintendent of Land Records is sixty days from the date of the decision
or order received by the appellant.

38
The period for appeal against the decision or order of the Collector or Superintendent of
land Records, to the Commissioner is ninety days.
The time required for obtaining copy of the decision or order is excluded from the above
periods.

e) Admission of appeal after period of limitation: Sec. 251

Any appeal or an application for review under this Chapter may be admitted after the
period of limitation prescribed therefor when the appellant or the applicant, as the case
may be, satisfies the officer or the State Government to whom or to which he appeals or
applies, that he had suflicient cause for not presenting the appeal or application, as the
case may be, within such period.
Madhukar Asaram v. Bhimrao Deorao & Others, 1992,
Bombay High Court held that the Dy. Collector is an appellate authority and could
exercise his power u/s. 5 of the Limitation Ac for delay condonation.

e) Appeal shall not be against certain orders:- Sec. 252

No appeal shall lie from an order -
a) admitting an appeal or an application for review u/s. 251:
b) rejecting an application for revision or review: or
c) granting or rejecting an application for stay.

g) Provision where last day for appeal falls on Sunday or holiday: Sec. 253
Whenever the last day of any period provided in this Chapter for presentation of an
appeal or an application for review falls on a Sunday, or other holiday recognized by the
State Government the day next following the close of the holiday shall be deemed to be
such last day.
h) Copy of order to accompany petition of appeal :- Sec. 254

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

i) Power of appellate authority: Sec. 255

1. The appellate authority may either admit the appeal or, after calling for the record
and giving the appellant an opportunity to be heard, may summarily reject it:
Provided that, the appellate authority shall not be bound to call for the record where
the appeal is time-barred or does not lie.
2. If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall
be served on the respondent.

39
 3. After hearing the parties, if they appear, the appellate authority may, for reasons
to be recorded in writing, either annul, confirm, modify or reverse the order
appealed against, or may direct such further investigation to be made, or such
additional evidence to be taken, as it may think necessary; or may itself take such
additional evidence; or may remand the case for disposal with such directions as it
thinks fit.
j) Stay of execution of orders: Sec. 256

1. A revenue or survey officer who has passed any order, or his successor in office, may
at any time before the expiry of the period, prescribed for appeal, direct the execution
of such order to be stayed for such time as he thinks fit, provided no appeal has been
filed.
2. The appellate authority may, at any time, direct the execution of the order appealed
from, to be stayed for such time as it may think fit.
3. The authority exercising the powers of revision or review, may direct the execution of
the order under revision or review, as the case may be, to be stayed for such time as it
may think fit.
4. The appellate authority or authority exercising the powers of revision or review may
set aside or modify any direction made under sub-section (1).
5. The revenue or survey officer or the authority directing the execution of an order to
be stayed may impose such conditions or order such security to be furnished as he or
it thinks fit.
6. No order directing the stay of execution of any order shall be passed, except in
accordance with the provisions of this section.

A revenue officer or survey officer or his successor has power to give stay order on his
own order if no appeal is filed against that order. Stay cannot be claimed as of right by
any litigant because it is entirely a discretion of the appellate authority provided such
discretion is exercised judicially and reasonably.

3. REVISION-SEC. 257

Power of State Government and of certain revenue and survey officers to call for and
examine records and proceedings of subordinate officers:-

1) The State Government and any revenue or survey officer, not inferior in rank to an
Assistant or Deputy Collector or a Superintendent of Land Records, in their respective
departments, may call for and examine the record of any inquiry or the proceedings of
any subordinate revenue or survey officer, for the purposes of satisfying itself or himself,

40
as the case may be, as the legality or propriety of any decision or order passed, and as to
the regularity of the proceedings of such officer.

2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may in the

same manner call for and examine the proceedings of any officer subordinate to them in
any matter in which neither a formal nór a summary inquiry has been held. )
3) If in any case, it shall appear to the State Government, or to any officer referred to in
sub- 3 section 1) Or sub-section 2) that any decision or order or proceedings so called for
should be modified, annulled; or reversed, it or he may pass such order thereon as it or he
deems fit;

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

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

The State Government, the Commissioner, the Settlement Commissioner and Director of
Land Records, the Collector, the Deputy Director of Land Records, and the
Superintendent of Land Records have full revisionary powers. The Assistant or Deputy
Collector can exercise these, powers in all cases except formal enquiries. However, they
can call for the records of formal enquiries and refer them with their opinion to the
Collector for passing necessary orders.

4. REVIEW-SEC. 258

Review of orders:-

The term 'review' means a judicial re-examination of the case in certain specified and
prescribed circumstances. The order can be reviewed on the following grounds

a) Discovery of new and important matter or evidence.

b) Some mistake or error apparent on the face of the record.
c) Any other reason which is sufficient to do so.

This section empowers the State Government, a Revenue Officer or Survey Officer to
review any order passed by itself or by himself or by its or his predecessors on the
application of any party interested.

41
S. 258(i) to (iv) puts restriction on the Collector and Settlement Commissioner to review
any order which is not passed by themselves. The Collector has to take prior sanction
from the Commissioner or the Settlement Commissioner to review the order passed not
by himself on the ground of clerical mistake. The subordinate officers of the Collector or
Settlement Officer has to take prior sanction from the superior authority. The Additional
Tahsildar has a power to review his own order. The application for review can be made
within nineteen days from the issuing of the order.
Orders passed in review shall on no account be reviewed. There is no review of review.
5. RULES AS TO DECISIONS OR ORDERS EXPRESSLY MADE FINAL:-
SEC 259.

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

6. CASE LAW

Punjaram V. M/s Khandelwal Ferro Alloys Ltd., AIR 1972 Bom 339

In this case the Court held that where an appeal is filed before the Commissioner,
Commissioner treated the appeal as revision and rejected the same. The further appeal to
the State Government is not tenable.

7. CONCLUSION

The appeal can be filed against the order or decision of Commissioner or of the
Settlement Commissioner or of the Director of the Land Records or of the Deputy
Director of Land Records. This appeal is to be filed within 90 days from the date of
decision or order received according to the provisions of S. 260 of the Code.

The State Government, the Commissioner, the Settlement Commissioner and Director of
Land Records, the Collector, the Deputy Director of Land Records and the
Superintendent of Land Records full revisionary powers.

The State Government, revenue officer or survey officer is empowered to review any
order passed by itself or himself or its or his predecessors on the application of any party
interested.

42