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EBook of Maharashtra land Revenue code 1

Maharashtra Land Revenue Code, 1966

Maharashtra Act No. 41 of 1966

● Received the assent of the President on the 22nd day of December, 1966; assent first published in the
Maharashtra Government Gazette, Part IV, on the 30th day of December, 1966.]

LEGISLATIVE HISTORY

● 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 and and land revenue in the State of
Maharashtra and to provide for matters connected therewith; it is hereby enacted in the Sixteenth Year of
the Republic of India as follows:-

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 Chapter 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, [330A], 335, 336 and 333, 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, as 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;
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 or courtyard enclosed by, or appurtenant to, any building
erected thereupon;
6. "certified copy" or "certified extract" means a copy or extract, as the case may be, certified in the manner
prescribed by Section 76 of the Indian Evidence Act, 1872;
7. "chavadi" means the place ordinarily used by a village officer for the transaction of village business;

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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 product;
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 integral part of his cultivating arrangement.

10) "gaothan" or "village site" means the land 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 a 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 purposes for which it is held and which, if not executed on directly
for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes -

i) the construction of tanks, wells, water channels, embankments and other works for storage, supply
or distribution of water for agricultural purposes;
ii) 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;
iii) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;
iv) 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
v) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions
thereto; but does not include -

a) 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

b) Any work which substantially diminishes the value of any land wherever situated, in the occupation of any
other person, whether as occupant or tenant;

(15) "joint holders" or "joint occupants" means holders or occupants who hold land as co-shares, whether as co-
shares in a 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;

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(16) "land" includes benefits to arise out of 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 force 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;

(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 land" 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 Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948;

(b) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and Agricultural Lands Act,
1950;

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(c) in the Vidarbha region of the State,of Maharashtra, the Bombay Tenancy and Agricultural Land (Vidarbha
Region) Act, 1958;

31) "revenue officer" means 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;

[(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" exception Chapter XVI means as 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, shall
notwithstanding anything hereinafter contained in the definition of the word "tenant", be deemed to be the tenant of
such grantor; (Maharashtra V of 1962).

(39) "survey officer" means an officer appointed under, or in the manner provided by, Section 8;

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(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;

[(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;

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

Revenue Areas

3. Division of State into revenue areas. - For the purpose of this Code, the State shall be divided into divisions
which shall consist of one or more districts [(including the City of Bombay)], and each district may consist of one or
more sub-divisions and each sub-division may consist of one or more talukas, and each taluka may consist of certain
villages.

4. Constitution of revenue areas. –

(1) The State Government may, by notification in the Official Gazette, specify-

(i) the districts [(including the City of Bombay)] which constitute a division;
(ii) the sub-divisions which constitute a district;
(iii) the talukas which constitute a sub-division;
(iv) the village which constitutes a taluka;
(v) the local area which constitutes a village; and
(vi) alter the limits of any such revenue area so constituted by amalgamation, division or in any manner
whatsoever, or abolish any such revenue area and may name and after the name of any such revenue area;
and in any case where any area is renamed, then all references in any law or instrument or other documents
to the area under its original name shall be deemed to be references to the area as renamed, unless expressly
otherwise provided:
 Provided that, the State Government shall, as soon as possible after the commencement of this Code,
constitute by like notification every wadi, and any area outside the limits of the gaothan of a village having
a separate habitation (such wadi or area having a population of not less than [three hundred, as ascertained
by a Revenue Officer not below the rank of a Tahsildar)] to be a village; and specify therein limits of the
village so constituted.

(2) The Collector may by an order publish in the prescribed manner arrange the villages in a taluka which shall
constitute a saza; and the sazas in a taluka which shall constitute a circle, and may alter the limits of, or abolish any
saza or circle, so constituted.

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(3) The divisions, districts, sub-divisions, talukas, circles, sazas and villages existing at the commencement of this
Code shall continue under the names they bear respectively to be the divisions, districts, sub-divisions, talukas,
circles, sazas and villages, unless otherwise altered under this Section.

(4) Every notification or order made under this Section shall be subject to the condition of previous publication; and
the provisions of Section 24 of the Bombay General Clauses Act, 1904, shall, so far as may be apply in relation to
such notification or order, as they apply in relation to rules to be made after previous publication.

CHAPTER II

Revenue Officers : Their Powers and Duties


5. Chief Controlling authority in revenue matters. -

 The chief controlling authority in all matters connected with the land revenue in his division shall vest in
the Commissioner, subject to the superintendence, direction and control of the State Government.

6. Revenue Officers in division. –

 The State Government shall appoint a Commissioner for each division; and may appoint in a division an
Additional Commissioner and so many Assistant Commissioners as may be expedient, to assist the
Commissioner:
 Provided that, nothing in this Section shall preclude the appointment of the same officer as Commissioner
for two or more divisions.

7. Revenue Officers in district. –

1) The State Government shall appoint a Collector [for each district (including the City of Bombay)] who shall
be in charge of the revenue administration thereof; and a Tahsildar for each taluka who shall LJ e the chief
officer entrusted with the local revenue administration of a taluka.
2) The State Government may appoint one or more Additional Collectors [and in each district (including the
City of Bombay)] and so many Assistant Collectors and Deputy Collectors (with such designations such as
"First", "Second", "Super numerary", etc. Assistants as may be expressed in the order of their appointment),
one or more Naib-Tahsildars in a taluka, and one or more Additional Tahsildars or Naib-Tahsildars therein
and such other persons (having such designations) to assist the revenue officers as it may deem expedient.
3) Subject to the general orders of the State Government, the Collectors may place any Assistant or Deputy
Collector in charge of one or more sub-divisions of a district, or may himself retain charge thereof. Such
Assistant or Deputy Collector may also be called a Sub-Divisional Officer.
4) The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle
Inspectors to be in charge of a Circle, and one or more Talathis for a saza, and one or more Kotwals or other
village servants for each village or group of villages, as he may deem fit.

8. Survey Officers.

 For the purposes of Chapters V, VI, VIII, IX and X, the State Government may appoint such officers as
may from time to time appear necessary. Such officers may be designated "Settlement Commissioner",
"Director of Land Records", "Deputy Director of Land Records", "Superintendents to Land Records",
"Settlement Officers", "District Inspectors of Land Records" and "Survey Tahsildars", or otherwise as may
seem requisite.

9. Combination of Officers. -

 It shall be lawful for the State Government to appoint one and the same person, being otherwise competent
according to law, to any two or more of the officers provided for in this Chapter or to confer upon an

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officer of one denomination all or any of the powers or duties of any other officer or officers within certain
local limits or otherwise, as may seem expedient.

9A.Delegation of powers.

 The State Government may, by order in the Official Gazette, direct that the powers of the State Government
to make appointments under Section 7, Section 8 or Section 9 in respect of such revenue or survey officers
and subject to such conditions, if any, may be exercisable also by such officer not below the rank of the
Collector, or as the case may be, Superintendent of Land Records, as may be specified in the direction.]

10. Temporary vacancies.

 If a Collector or Tahsildar is disabled from performing his duties or for any reason vacates his office or
leaves his jurisdiction or dies-
a) the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy Collector of the
highest rank in the district,
b) the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior-most
Subordinate Revenue Officer in the taluka, shall, unless other provision has been made by the State
Government, succeed temporarily to the office of the Collector, as the case may be, of the Tahsildar and
shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes
charge of his district or taluka, or until such time as a successor is duly appointed and takes charge of his
appointment.
Explanation. - An officer whose principal office is different from that of an Assistant Collector, and who is working
as an Assistant Collector for special purposes only, shall not be deemed as an Assistant for the purposes of this
Section.

11. Subordination of Officers.

1) All Revenue Officers shall be subordinate to the State Government.


2) Unless the State Government directs otherwise, all Revenue Officers in a division shall be subordinate to
the Commissioner, and all revenue officers [in a district (including the City of Bombay)] shall be
subordinate to the Collector.
3) Unless the State Government directs otherwise, all other Revenue Officers including Survey Officers shall
be subordinated, the one to the other, in such order as the State Government may direct.

12. Appointments to be notified.

 The appointment of all officers of and above the rank of Tahsildar, or as the case may be, District Inspector
of Land Records made under Sections 6, 7, 8 and 9 shall be duly notified;] but the appointment shall take
effect from the date on which an officer assumes charge of his office.

13. Powers and duties of Revenue Officers.

1) The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner,
Assistant Commissioner, Additional Collector or Additional Tahsildar) shall exercise the powers and
discharge the duties and functions conferred and imposed on them respectively under this Code or under
any 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 may 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 Collectors under the general or special orders of the State Government.

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[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 as 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.

14. Powers and duties of Survey Officers, Circle Officers.

1) Subject to the orders of the State Government, the survey officers are vested with the cognisance 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 time being in force:

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 for the maintenance of the record of rights and shall perform all such duties and functions

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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 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.

15. Conferral by State Government of powers of Revenue Officers on other persons.

 The State Government may confer on any person possessing the prescribed qualifications, the powers
conferred by this Code on an Assistant or Deputy Collector or Tahsildar.

16. Seals.

 The State Government shall from time to time by notification in the Official Gazette prescribe what
revenue officers shall use a seal; and what size and description of seal shall be used by each of such
officers.
 Provisions for recovery of money, papers or other Government property

17. Demands for money, papers, etc. to be made known in writing to person concerned etc.

1. The Collector or the Superintendent of Land Records or any other officer deputed by the Collector or the
Superintendent for this purpose, shall, in all cases in which he may have a claim on any revenue officer or
on any person formerly employed as such in his department or district for public money or papers or other
property of the State Government, by writing under signature and his official seal, if he uses one, require
the money, or the particular papers or property detained to be delivered either immediately to the person
bearing the said writing, or to such person on such date and at such place as the writing may specify.
2. If the officer or other person aforesaid does not discharge the money, or deliver up the papers or property as
directed, the Collector, Superintendent or such other officer may cause him to be apprehended, and may
send him with a warrant, in the form of Schedule A, to be confined in a civil jail till he discharges the sums
or delivers up the papers or property demanded from him;

Provided that, no person shall be detained in confinement by virtue of any such warrant for a longer period
than one calendar month.

18. Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for
recovery of papers or property.

1) The Collector of his own motion if the officer or other person is or was serving in his department and
district, and upon the application of the Superintendent of Land Records if such officer or person is or was
serving in the survey department in his district, may also take proceedings to recover any public moneys due
by him in the same manner and subject to the same rules as are laid down in the Code for the recovery of
arrears of land revenue from defaulters and for the purposes of recovering public papers or other property of
the Government may issue a search warrant and exercise all such powers with respect thereto as may be
lawfully exercised by a Magistrate under the provisions of Chapter VII of the [Code of Criminal Procedure,
1898.]

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2) It shall be the duty of all persons in possession 'of such public moneys, papers or other property of the
Government to make over the same forthwith to the Collector, and every person knowing where any such
property is concealed shall be bound to give information of the same to the Collector.

19. Officer or person in jail may secure his release by furnishing security.

1. If an officer or other person referred to in Section 17 against whom a demand is made shall give sufficient
security in the form in Schedule B, the Collector shall cause such officer or person if in custody to be
liberated and countermand the sale of any property that may have been attached and restore it to the owner.

CHAPTER III

Of Lands

20. Title of State in all lands, public roads etc., which are not property of others. –

(1) All public roads, lanes and paths, the bridges, ditches, dikes and fences on, or beside, the same, the bed of
the sea and of harbours and creeks below the high water mark, and of rivers, streams, nallas, lakes and
tanks and all canals and watercourses, and all standing and flowing water, and all lands wherever situated,
which are not the property of persons legally capable of holding property, and except in so far as any
rights of such persons may be established, in or over the same, and except as may be otherwise provided in
any law for the time being in force are and are hereby declared to be, with all rights in or over the same, or
appertaining thereto the property of the State Government and it shall be lawful for the Collector, subject
to the orders of the Commissioner, to dispose of them in such manner as may be prescribed by the State
Government in this behalf, subject always to the rights of way, and all other rights of the public or of
individuals legally subsisting.
Explanation. - In this Section, "high water-mark" means the highest point reached by ordinary spring tides
at any season of the year.
2. Where any property right in or over any property is claimed by or on behalf of the Government or by any
person as against the Government, it shall be lawful for the Collector or a survey officer, after formal
inquiry of which due notice has been given, to pass an order deciding the claim.
3. An order passed by the Collector or survey officer under sub-section (1) or sub-section (2) shall be subject
to one appeal and revision in accordance with the provisions of this Code.
4. Any suit instituted in any civil court after the expiration of one year from the date of any order passed
under sub-section (1) or sub-section (2) or, if appeal has been made against such order within the period of
limitation, then from the date of any order passed by the appellate authority, shall be dismissed (though
limitation has been not set up as a defence) if the suit is brought to set aside such order or if the relief
claimed is inconsistent with such order, provided that in the case of an order under sub-section (2) the
plaintiff has had due notice of such order.
5. Any person shall be deemed to have had due notice of an inquiry or order under this Section if notice
thereof has been given in accordance with rules made in this behalf by the State Government.

21. Extinction of rights of public in or over any public road, lane or path not required for use of public.

1) Whenever it appears to the Collector that any public road, lane or path which is the property of the State
Government or part thereof (hereinafter in this Section referred to as the Government road), is not required
for the use of the public, the Collector may, by a notification published in the Official Gazette, make a
declaration to that effect and state in such declaration that it is proposed that the rights of the public in or
over such Government road (of which the situation and limits as far as practicable are specified) shall
subject to the existing private rights, if any, be extinguished.
2) On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such
declaration to be given at convenient place on, or in the vicinity of, such Government road, and shall invite
objections to the proposals aforesaid.

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3) Any member of the public or any person having any interest or right, in addition to the right of public
highway, in or over such Government road, or having any other interest or right which, is likely to be
adversely affected by the proposal may, within ninety days after the issue of the notification under sub-
section (1), state to the Collector in writing his objections to the proposal, the nature of such interest or right
and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to
compensation for such interest or right:
Provided that, the Collector may allow any person to make such a statement after a period of ninety days aforesaid if
he is satisfied that such person had sufficient cause for not making it within that period.

4) The Collector shall give every person who has made a statement to him an opportunity of being heard either
in person or by legal practitioner and shall, after hearing all such persons in such manner and after making
such further inquiry, if any, as he thinks necessary, is satisfied that the Government road is not required for
the use of the public, make a declaration which shall be published in the Official Gazette, that all rights of
the public, in or over such Government road are extinguished, and all such rights shall thereupon be
extinguished, and such Government road shall, subject to any existing private rights, be at the disposal of the
Government with effect from the date of such declaration. The Collector shall also determine the amount of
compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or
damage likely to be caused by the proposed extinction of the rights of the public as aforesaid. The provisions
of Sections 9, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894, shall, so far as may be, apply to
the proceedings held by the Collector for the determination of the amount of compensation under this sub-
section:

Provided that, no compensation shall be awarded for the extinction or diminution of the rights of public highway
over such Government road.

5) The decision of the Collector under sub-section (4) as respects the extinguishment of the rights of the public
on or over Government road and the amount of compensation and the persons to whom such compensation,
if any, is payable shall, subject to the decision of the Commissioner in appeal, be final; and payments of
compensation shall be made by the Collector to such persons accordingly:

Provided that, if payment is not made within six months from the date of the final order, the Collector shall pay the
amount awarded with interest thereon at the rate of six per cent per annum from the date of the final order.

22. Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without
sanction of Collector.

 Subject to the general orders of the State Government, it shall be lawful for a Survey Officer during the
course of survey operations under this Code, and at any other time for the Collector, to set apart unoccupied
lands (not in the lawful occupations of any person), in villages or parts thereof for forest or fuel reserve, for
free pasturage of village cattle or for grass or fodder reserve, for burial or cremation ground, for gaothan,
for camping ground, for threshing floor, for bazaar, for skinning ground, for public purposes such as roads,
lanes, parks, drains or for any other public purposes; and, the lands assigned shall not be otherwise used
without the sanction of the Collector and in the disposal of lands under Section 2D due regard shall be had
to all such special assignments.

22A. Prohibition on diversion of use of Gairan land.

(1) The land set apart by the Collector for free pasturage of village cattle (hereinafter referred to as
"the Gairan land") shall not be diverted, granted or leased for any other use, except in the circumstances
provided in sub-sections (2) or (3), as the case may be.
(2) The Gairan land may be diverted, granted or leased for a public purpose or public project of the Central
Government or the State Government or any statutory authority or any public authority or undertaking under
the Central Government or the State Government (hereinafter in this section referred to as " Public Authority
"), if no other suitable piece of Government land is available for such public purpose or public project.

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(3) The Gairan land may be diverted, granted or leased for a project of a project proponent, not being a Public
Authority, when such Gairan land is unavoidably required for such project and such project proponent
transfers to the State Government, compensatory land as provided in sub-sections (4) and (5).
(4) The compensatory land to be transferred to the State Government under sub-section (3) shall be in the same
revenue village have area equal to twice the area of the Gairan land and its value shall not be less than the
value of the Gairan land so allotted under sub-section (3):
Provided that, the area of compensatory land shall have to be suitably increased, wherever necessary, so as to make
its value equal to the value of the Gairan land so allotted under sub-section (3).

(5) The compensatory land to be transferred to the State Government under sub-section (3) shall,
notwithstanding anything contained in any other law, rule or orders made thereunder, be assigned by the
Collector under section 22 for the use only of free pasturage of village cattle or for grass or fodder reserve.
(6) The powers of diversion, grant, lease of Gairan land under this section shall be vested in the State
Government :

Provided that, notwithstanding anything contained in section 330-A, the powers of the State Government under sub-
section (3) shall not be delegated to any officer or other authority sub-ordinate to it.]

Explanation. –

(a) For the purposes of this section, the term "public purpose" shall have the same meaning as assigned to it in
the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
(b) The question whether or not such land is unavoidably required for a project under sub-section (3) shall be
determined by the State Government on the advice of the Divisonal Commissioner.]

23. Regulation of use of pasturage. –

 The right of grazing on free pasturage lands shall extend only to the cattle of the village or villages to
which such lands belong or have been assigned, and shall be regulated according to rules made by the State
Government in this behalf. The Collector's decision in any case of dispute as to the right of grazing
aforesaid shall, subject to one appeal only according to the provisions of this Code, be conclusive.

24. Recovering value of natural products unauthorisedly removed from certain lands.

 Any person who unauthorizedly removes from any land which is set apart for a special purpose or from any
land which is the property of the Government, any natural product (not being trees) shall be liable to the
Government for the value thereof, and in addition, to a fine not exceeding five times the value, of the
natural product so removed. Such value and fine shall be recoverable from him as an arrear of land
revenue.

25. Right to trees in holdings.

1) With effect from the commencement of this Code, the right to all trees standing or growing on any
occupied land shall vest in the holder thereof but if the State Government is of opinion that it is necessary
to prohibit or regulate the cutting of certain trees for preventing erosion of soil, it may by rules prohibit or
regulate the cutting of such trees.
2) Nothing in sub-section (1) shall affect in any area any right in trees in the holding of an occupant in favour
of any person existing on the 1st day of October, 1955, but the occupant may apply to the Collector to fix
the value of such right and purchase the right through the Collector in such manner as may be prescribed.
3) Any sale or agreement for sale of trees made by any person before the commencement of this Code in
anticipation of the vesting such trees in him by virtue of the provisions of this Section shall be void, and
any consideration given for such sale or agreement shall be refunded.

26. Trees and forests vesting in Government.

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 The right to all trees, brushwood, jungle or other product growing on land set apart for forest reserves under
Section 22, and to all trees, brushwood, jungle or other natural products, wherever growing, except in so far
as the same may be the property of persons capable of holding property, vests in the State Government and
such trees, brushwood, jungle or other natural product shall be preserved or disposed of in such manner as
the State Government may from time to time prescribe, by rules made in this behalf.\

27. Recovery of value of trees, etc., unauthorisedly appropriated.

 Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof which is the
property of the Government shall be liable to the Government for the value thereof, which shall be
recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable
under the provisions of this Code for the occupation of the land or otherwise and notwithstanding any
criminal proceedings which may be instituted against him in respect of his said appropriation of
Government property.

28. Regulation of cutting and supply of wood, etc.

1. Where trees are standing in any waste land outside any reserved forest, the villagers in general may take
firewood, and agriculturists such wood as may be required for agricultural implements, without payment of
any tax but subject to rules made by the State Government.
2. In lands which have been set apart under Section 22 for forest reserves subject to the privileges of the
villagers or of certain classes of persons to cut firewood or timber for domestic or other purposes, and in all
other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges
shall be regulated by rules made by the State Government in this behalf. In case of disputes as to the mode
or time of exercising any such privileges, the decision of the Collector shall, subject to one appeal only in
accordance with the provisions of this Code, be final. Of the Grant of land

29. Classes of persons holding land.

(1) There shall be under this Code the following classes of persons holding land from the State, that is to say-
(a) Occupants - Class I
(b) Occupants - Class II
(c) Government lessees.
(2) Occupants - Class I shall consist of persons who -
(a) hold unalienated land in perpetuity and without any restrictions on the right to transfer;
(b) immediately before the commencement of this Code hold land in full occupancy or Bhumiswami rights
without any restrictions on the right to transfer in accordance with the provisions of any law relating to land
revenue in force in any part of the State immediately before such commencement; and
[(c) on the 21st April, 2018 being the date of commencement of the Maharashtra Land Revenue Code
(Amendment) and the Maharashtra Land Revenue (Inclusion if certain Bhumidharis in Occupants - Class I
Permission) Rules (Repeal) Act, 2018 were holding the land in Vidarbha in Bhumiswami rights with
restrictions on right to transfer, or in Bhumidhari Rights in any local area in Vidarbha.]
(3) Occupants - Class II shall consist of persons who,-
(a) hold unalienated land in perpetuity subject to restrictions on the right to transfer;
(b) immediately before the commencement of this Code hold -
(i) land in Vidarbha in Bhumiswami rights with restrictions on the right to transfer or in Bhumidhari
rights under the Madhya Pradesh Land Revenue Code, 1954 ; and
(ii) elsewhere hold land in occupancy rights with restrictions on the right to transfer under any other law
relating to land revenue; and

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(c) before the commencement of this Code have been granted rights in unalienated land under leases which
entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on
fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and
all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants - Class II shall
apply to them as if they were Occupants - Class II under this Code.
30. Occupation of unalienated land granted under provisions of the Code.

 Where any unoccupied land which has not been alienated, is granted to any person under any of the
provisions of this Code, it shall be the duty of the Tahsildar without delay to call upon such person to enter
upon the occupation of such land in accordance with the terms of the grant.

31. Unoccupied land may be granted on conditions.

 It shall be lawful for the Collector subject to such rules as may from time to time be made by the State
Government in this behalf, to require the payment of a price for unalienated land or to sell the same by
auction, and to annex such conditions to the grant as may be prescribed by such rules before land is entered
upon under Section 30. The price (if any) paid for such land shall include the price of the Government right
to trees thereon and shall be recoverable as an arrear of land revenue.

32. Grant of alluvial land vesting in Government.

(1) When it appears to the Collector that any alluvial land, which vests under any law for the time being in
force in the State Government, may with due regard to the interests of the public revenue be disposed of,
he shall, subject to the rules made by the State Government in this behalf, offer the same to the occupant
(if any) of the bank or shore on which such alluvial land has formed. The price of the land so offered shall
not exceed three times the annual assessment thereof.
(2) If the occupant does not accept the offer, the Collector may dispose of the land without any restriction as
to price.
Explanation. - For the purpose of this Section, notwithstanding anything contained in clause (24) of Section 2, if the
bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.

33. Temporary right to alluvial lands of small extent.

 When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled
to the temporary use thereof unless or until the area of the same exceeds one acre. When the area of the
alluvial land exceeds one acre, it shall be at the disposal of the Collector subject to the provisions of
Section 32.
34. Disposal of intestate occupancies.

(1) If an occupant dies intestate and without known heirs, the Collector shall take possession of his occupancy
and may lease it for a period of one year at a time.
(2) If within three years of the date on which the Collector takes possession of the occupancy, any claimant
applies for the occupancy, being restored to him, the Collector may, after such enquiry as he thinks fit,
place such claimant in possession of the occupancy or reject his claim.
(3) The order of the Collector under sub-section (2) shall not be subject to appeal or revision but any person
whose claim is rejected under sub-section (2) may, within one year from the date of the communication of
the order of the Collector, file a suit to establish his title, and if such suit is filed the Collector shall continue
to lease out the land as provided in sub-section (2), till the final decision of the suit.
(4) If no claimant appears within three years from the date on which the Collector took possession of the
occupancy or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within
one year as provided in sub-section (3), the collector may sell the right of the deceased occupant in the
occupancy by auction.
(5) Notwithstanding anything contained in any law for the time being in force, a claimant, who establishes his
title to the occupancy which has been dealt with in accordance with the provisions of this Section, shall be

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entitled only to the rents payable under sub-section (1) and the sale proceeds realised under sub-section (4),
less all sums due on the occupancy on account of land revenue and the expenses of management and sale.

35. Disposal of relinquished or forfeited sub-division.

(1) If any sub-division of a survey number is relinquished under Section 55, such sub-division of a survey
number shall be treated as Government waste land, and it shall be disposed of by the Collector in the
manner provided in sub-section (2).
(2) The Collector shall, subject to the provisions of the Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947, offer such division [at such price not exceeding twenty-four times the
assessment thereof or such amount as may be prescribed, whichever is higher] as he may consider to be
worth to the occupants of the other sub-divisions of the same survey number in such order as in his
discretion he may deem fit; so however that the total holding of the grantee does not exceed the ceiling
fixed in that behalf under any law for the time being in force in the State. In the event of all such occupants
refusing to accept the offer, the sub-division shall be disposed of by the Collector, subject to the rules made
by the State Government in that behalf, in the manner provided by Section 31.
(3) If any sub-division of a survey number is forfeited for default in payment in land revenue, the Collector
shall take possession of the sub-division and may lease such sub-division to the former occupant thereof or
to the occupant of the other sub-divisions of the same survey number or to any other person for period of
one year at a time, so, however, that the total holding of such holder does not exceed the ceiling referred to
in sub-section (2).
(4) If within three years of the date on which the Collector takes possession of the sub-division under sub-
section (3), the former occupant thereof applies for the restoration of the occupancy of the sub-division, the
Collector may restore the sub-division to the occupant on the occupant paying the arrears of land revenue
and the penalty [equal to three times the assessment or such amount as may be prescribed, whichever is
higher.] If the occupant fails to get the occupancy of the sub-division restored to him within the period
aforesaid, the sub-division shall be disposed of by the Collector in the manner provided by sub-section (2).

Explanation. - For the purpose of this Section, notwithstanding anything contained in Clause (23) of Section 2, if
any other sub-divisions have been mortgaged with possession, the mortgagors shall be deemed to be the occupants
thereof.

36. Occupancy to be transferable and heritable subject to certain restrictions.

(1) An occupancy shall, subject to the provisions contained in Section 72 and to any conditions lawfully annexed to
the tenure, and save as otherwise provided by law, be deemed an heritable and transferable property-

(2) Notwithstanding anything contained in the foregoing sub-section occupancies of persons belonging to the
Scheduled Tribes (hereinafter referred to as the 'Tribals') (being occupancies wherever situated in the State), shall
not be transferred except with the previous sanction of the Collector:
Provided that nothing in this sub-section shall apply to transfer of occupancies made in favour of persons other than
the Tribals (hereinafter referred to as the 'non-Tribals') on or after the commencement of the Maharashtra Land
Revenue Code and Tenancy Laws (Amendment) Act, 1974.]

(3) Where an occupant belonging to a Scheduled Tribe in contravention of sub-section (2) transfers possession of his
occupancy, the transferor or any person who if he survives the occupant without nearer heirs would inherit the
holding, may, [within thirty years from the 6th July, 2004], apply to the Collector to be placed in possession subject
so far as to the Collector may, in accordance with the rules made by the State Government in this behalf, determine
to his acceptance of the liabilities for arrears of land revenue or any other dues which form a charge on the
holding, [and notwithstanding anything contained in any law for the time being in force, the Collector shall] dispose
of such application in accordance with the procedure which may be prescribed:

[Provided that, where a Tribal in contravention of sub-section (2) of any law for the time being in force has, at any
time before the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974
transfer possession of his occupancy to a non-Tribal and such occupancy is in the possession of such non-Tribal or
his successor-in-interest,] and has not been put to any non-agricultural use before such commencement, then, the

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Collector shall, notwithstanding anything contained in any law for the time being in force, either suo motu at any
time or on application by the Tribal (or his successor-in-interest) made at any time [within thirty years from the 6th
July, 2004], after making such inquiry as he thinks fit, declare the transfer of the occupancy to be invalid, and direct
that the occupancy shall be taken from the possession of such non-Tribal or his successor-in-interest and restored to
the Tribal or his successor-in-interest.

[Provided further] that where transfer of occupancy of a Tribal has taken place before the commencement of the said
Act, in favour of a non-Tribal, who was rendered landless by reason of acquisition of his land for a public purpose,
only half the land involved in the transfer shall be restored to the Tribal.
[(3A)Where any Tribal (or his successor-in-interest) to whom the possession of the occupancy is directed to be
restored under the first provisio to sub-section (3) expresses his unwillingness to accept the same, the Collector
shall, after holding such inquiry as he thinks fit, by order in writing, declare that the occupancy together with the
standing crops therein, if any, shall with effect from the date of the order, without further assurance, be deemed to
have been acquired and vest in the State Government.
(3B) On the vesting of the occupancy under sub-section (3A) the non-Tribal shall, subject to the provisions of sub-
section (3C), be entitled to receive from the State Government an amount equal to 48 times the assessment of the
land plus the value of improvements, if any, made by the non-Tribal therein to be determined by the Collector in the
prescribed manner.
Explanation. - In determining the value of any improvements under this sub-section, the Collector shall have regard
to -
(i) the labour and capital provided or spent on improvements;
(ii) the present condition of the improvements;
(iii) the extent to which the improvements are likely to benefit the land during the period of ten years next
following the year in which such determination is made;
(iv) such other factors as may be prescribed.
(3C) Where there are persons claiming encumbrances on the land, the Collector shall apportion the amount
determined under sub-section (3B) amongst the non-Tribal and the person claiming such encumbrances, in the
following manner, that is to say -
(i) if the total value of encumbrances on the land is less than the amount determined under sub-section (38), the
value of encumbrances shall be paid to the holders thereof in full;
(ii) if the total value of encumbrances on the and exceeds the amount determined under sub-section (3B), the
amount shall be distributed amongst the holders of encumbrances in the order of priority:
Provided that, nothing in this sub-section shall affect the right of holder of any encumbrances to proceed to enforce
against the non-Tribal his right in any other manner or under any other law for the time being in force.

(3D) The land vested in the State Government under sub-section (3A) shall, subject to any general or special orders
of the State Government in that behalf, be granted by the Collector to any other Tribal residing in the village in
which the land is situate or within five kilometres thereof and who is willing to accept the occupancy in accordance
with the provisions of this Code and the rules and orders made thereunder and to undertake to cultivate the land
personally, so, however, that the total land held by such Tribal, whether as owner or tenant, does not exceed an
economic holding within the meaning of sub-section (6) of Section 36A].

(4) Notwithstanding anything contained in sub-section (1) or in any other provisions of this Code, or in any law for
the time being in force it shall be lawful for an Occupant Class-II to mortgage his property in favour of the State
Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loan
Act, 1883, the Agriculturists Loans Act, 1884, or the Bombay Non-Agriculturists Loans Act, 1928 or in favour of a
co-operative society [or the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955, or
a corresponding new bank within the meaning of clause (d) of Section 2 of the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970, or the Maharashtra State Financial Corporation established under the relevant
law] in consideration of a loan advanced to him by such co-operative [society, State Bank of India, corresponding
new bank, or as the case may be, Maharashtra State Financial Corporation], and without prejudice to any other

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remedy open to the State Government, [the co-operative society, the State Bank of India, the corresponding new
bank or as the case may be, the Maharashtra State Financial Corporation] in the event of such occupant making
default in payment of such loan in accordance with terms on which such loan is granted, it shall be lawful for the
State Government, [the co-operative society, the State Bank of India, the corresponding new bank, or as the case
may be, the Maharashtra State Financial Corporation] to cause the occupancy to be attached and sold and the
proceeds to be applied towards the payment of such loan.

The Collector may, [on the application of the co-operative society, the State Bank of India, the corresponding new
bank or the Maharashtra State Financial Corporation,] and payment of the premium prescribed by the State
Government in this behalf, by order in writing reclassify the occupant as Occupant-Class I; and on such
reclassification, the occupant shall hold the occupancy of the land without any restriction on transfer under this
Code.

Explanation. - For the purposes of this Section, "Scheduled Tribes" means such tribes or tribal communities or parts
of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in [and persons, who
belong to the tribes or tribal communities, or parts of, or groups within tribes or tribal communities specified in Part
VIIA of the Schedule to the order [made under] the said Article 342, but who are not residents in the localities
specified in that Order who nevertheless need the protection of this Section and Section 36A (and it is hereby
declared that they do need such protection) shall, for the purposes of those Sections be treated in the same manner as
members of the Scheduled Tribes.]

[36A. Restrictions on transfers of occupancies by Tribals. –

(1) Notwithstanding anything contained in sub-section (1) of Section 36, no occupancy of a tribal shall, after the
commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, be transferred
in favour of any non-tribal by way of sale (including sales in execution of a decree of a Civil Court or an award or
order of any Tribunal or Authority), gift, exchange, mortgage, lease or otherwise, except on the application of such
non-tribal and except with the previous sanction -
(a) in the case of a lease, or mortgage for a period not exceeding 5 years, of the Collector; and
(b) in all other cases, of the Collector with the previous approval of the State Government:
Provided that, no such sanction shall be accorded by the Collector unless he is satisfied that no tribal residing in the
village in which the occupancy is situate or within five kilometres thereof is prepared to take the occupancy from the
owner on lease, mortgage or by sale or otherwise.

(2) The previous sanction of the Collector may be given in such circumstances and subject to such conditions as may
be prescribed.

(3) On the expiry of the period of the lease or, as the case may be, of the mortgage, the Collector may,
notwithstanding anything contained in any law for the time being in force, or any decree or order of any court or
award or order of any Tribunal or Authority, either suo moto or on application made by the Tribal in that behalf,
restore possession of the occupancy to the tribal.

(4) Where, on or after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment)
Act, 1974, it is noticed that any occupancy has been transferred in contravention of sub-section (1) [the Collector
shall, notwithstanding anything contained in any law for the time being in force, either suo moto or on an application
made by any person interested in such occupancy, [within thirty years from the 6th July, 2004]] hold an inquiry in
the prescribed manner and decide the matter.

(5) Where the Collector decides that any transfer of occupancy has been made in contravention of sub-section (1), he
shall declare the transfer to be invalid, and thereupon, the occupancy together with the standing crops thereon, if
any, shall vest in the State Government free of all encumbrances and shall be disposed of in such manner as the
State Government may, from time to time, direct.
(6) Where an occupancy vested in the State Government under sub-section (5) is to be disposed of, the Collector
shall give notice in writing to the tribal-transferor requiring him to state within 90 days from the date of receipt of

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such notice whether or not he is willing to purchase the land. If such tribal-transferor agrees to purchase the
occupancy, then the occupancy may be granted to him if he pays the prescribed purchase price and undertakes to
cultivate the land personally; so however that the total land held by such tribal-transferor, whether as owner or
tenant, does not as far as possible exceed an economic holding.
Explanation. - For the purpose of this Section, the expression "economic holding" means 6.48 hectares (16 acres)
of jirayat land or 3.24 hectares (8 acres) of seasonally irrigated land, or paddy or rice land, or 1.62 hectares (4 acres)
of perennially irrigated land, and where the land held by any person consists of two or more kinds of land, the
economic holding shall be determined on the basis of one hectare of perennially irrigated land being equal to 2
hectares of seasonally irrigated land or paddy or rice land or 4 hectares of jirayat land.

36B. Damages for use and occupation of occupancies in certain cases.

 A non-tribal who after the occupancy is ordered to be restored [under either of the provisos] to sub-section
(3) of Section 36 or after the occupancy is vested in the State Government [under sub-section (3A) of
Section 36 or] under sub-section (5) of Section 36A continues to be in possession of the occupancy, then
the non-tribal shall pay to the tribal in the former case, and to the State Government in the latter case, for
the period from the year (following the year in which the occupancy is or is ordered to be restored to the
tribal or is vested in the State Government as aforesaid) till possession of the occupancy is given to the
Tribal or the State Government, such amount for the use and, occupation of the occupancy as the Collector
may fix in the prescribed manner.

[36BB. Pleaders, etc. excluded from appearance.

 Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be
entitled to appear on behalf of any party in any proceedings under Sections 36, 36A or 36B before the
Collector, the Commissioner or the State Government:
 Provided that, where a party is a minor or lunatic, his guardian may appear, and in the case of any other
person under disability, his authorised agent may appear, in such proceedings.
Explanation. - For the purpose of this Section, the expression 'pleader' includes, an advocate, vakil or any other legal
practitioner.]

36C. Bar of Jurisdiction of Civil Court or authority.

(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under Sections
36, 36A or 36B required to be settled, decided or dealt with by the Collector.
Explanation. - For the purpose of this Section, a Civil Court shall include a Mamlatdar's Court under the
Mamlatdar's Courts Act, 1906.

(2) No Civil Court or authority shall entertain an appeal or application against an order of the Collector under
Sections 36, 36A or 36B unless the appellant or applicant deposits such security as in the opinion of the Court or
authority is adequate.]

37. Occupants' rights are conditional.


 An occupant is entitled to the use and occupation of his land in perpetuity conditionally on the payment of
the amount due on account of the land revenue for the same, according to the provisions of this Code, or of
any rules made under this Code or of any other law for the time being in force, and on the fulfilment of any
other terms or conditions lawfully annexed to his tenure.

38. Power to grant leases.

 It shall be lawful for the Collector at any time to lease under grant or contract any unalienated unoccupied
land to any person, for such period, for such purpose and on such conditions as he may, subject to rules
made by the State Government in this behalf, determine, and in any such case the land shall, whether a
survey settlement has been extended to it or not, be held only for the period and for the purpose and subject
to the conditions so determined. The grantee shall be called a Government lessee in respect of the land so
granted.

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39. Occupant to pay land revenue and Government lessee to pay rent fixed.
 Every occupant shall pay as land revenue the assessment fixed under the provisions of this Code and rules
made thereunder; and every Government lessee shall pay as land revenue lease money fixed under the
terms of the lease.

40. Saving of powers of Government.

 Nothing contained in any provision of this Code shall derogate from the right of the State Government to
dispose of any land, the property of Government, on such terms and conditions as it deems fit.

Of Use of Land
41. Uses to which holder of land for purposes of agriculture may put his land. –

[(1)] [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 [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.

[(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 of any farm building or carrying out any
work of 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;
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,
alterations or additions as aforesaid.

(3) 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 hectare but does not exceed 0.6 hectare, the plinth area of all such buildings shall not exceed
150 square metres; and

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(ii) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected is
more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that
agricultural holding or 400 square metres, 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 riot exceed 150 square metres, 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 hectare.
(4) 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
hectare;
(ii) if the height of such building from its plinth level exceeds 5 metres 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 involves 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 metres 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 holding, "plinth area" means the aggregate of the plinth area of all such
buildings.

(5) 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, 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 reconstruction 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.

(6) 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 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 Sections 43 or 45
or 46, as the case may be.

42. Permission for non-agricultural use. –

[(1) 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.]

[(2) Notwithstanding anything contained in sub-section (1), [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
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] [or for any micro, small and medium food processing industrial units] excluding,-

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EBook of Maharashtra land Revenue code 21

(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 areas 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.]
[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, [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, withing thirty days from such date, to the Tahsildar
through the village officer and shall also endorse a copy thereof to the Collector].
[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.]

[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 ; 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 ;
(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, 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.
(2) The person to whom permission is granted under clause (b) of subsection (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.

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EBook of Maharashtra land Revenue code 22

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.]
[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, the use of any
land comprised in such area shall, if conversion tax, nonagricultural 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 (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 :

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EBook of Maharashtra land Revenue code 23

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 conversion 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 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 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.]

[42D. Provision for conversion 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 limits 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 authority competent to allow such conversion,

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EBook of Maharashtra land Revenue code 24

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 agriculture 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 and situated within a gaotnan; 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) 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
(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 and or permission for such non-agricultural purpose, such

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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 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 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 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 [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.

[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, or any other law for the time being in force; or within the agricultural zone of any of
such plans or schemes and the 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, [for a bona fide industrial use; or
(iii) within the area undertaken by a private developer [as an Integrated Township Project];

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