MLRC 328Chapter XVI · Miscellaneous

Section 328 · Rules

(1)

The State Government may make rules not inconsistent with the provisions of this Code for the purpose of carrying into effect the provisions of this Code.

(2)

In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters :-

(i)

under sub-section (1) of Section 13, the other powers and duties of appeal, superintendence and control which may be exercised by revenue officers;

(ii)

under sub-section (2) of Section 14, the powers which may be exercised by a Circle Officer and Circle Inspector over the Talathi and the duties and functions which may be performed by them;

(iii)

under Section 15, the qualifications of persons on whom powers may be conferred;

(iv)

under sub-section (1), the manner of disposal of the property of the State Government and under sub-section (5) of Section 20, the rules to be made for giving notice;

(v)

under Section 23, the rules regulating the right of grazing on free pasturage lands;

(vi)

under sub-section (1), the rules prohibiting or regulating the cutting of certain trees; under sub-section (2) of Section 25, the manner in which the occupant may apply to the Collector to fix the value of right in trees and purchase such right;

(vii)

under Section 26, the manner in which trees, brushwood, jungle or other natural product vesting in Government shall be preserved or disposed of;

(viii)

under sub-section (1), the rules subject to which wood may be taken without payment of any tax; under sub-section (2) of Section 28, the rules regulating the exercise of the privileges;

(ix)

[ ***] [Deleted by Maharashtra Act No. 44 of 2018, dated 27.7.2018.]

(x)

under Section 31, the rules for the grant of unalienated land including provision for payment of price, action and conditions to be annexed to such grant;

(xi)

under sub-section (1) of Section 32, the rules subject to which alluvial land may be disposed of;

(xii)

under sub-section (2) of Section 35, the rules subject to sub-division shall be disposed of by the Collector;

(xiii)

under sub-section (3) of Section 36, the rules in accordance with which the Collector may determine liabilities for arrears of land revenue or any other dues and the procedure in accordance with which he may dispose of applications for being placed in possession of occupancy and under sub-section (4) of that Section, the payment of premium;

(xiv)

under Section 38, the rules subject to which the Collector may lease under grant or contract any unalienated unoccupied land;

[(xiv-a) under Section 41, the form of application for permission for erection of a farm building or carrying out the work of renewal, re-construction, alteration or additions; and the terms and conditions subject to which such permission may be granted by the Collector;] [Clause (xiv-a) was inserted by Maharashtra 32 of 1986, section 4.][(xiv-aa) under sub-section (2) of section 42, the form in which the person shall give intimation of the date on which the change of use of land has commenced and furnish other information.] [Clause (xiv-aa) was inserted by 19 of 2012, section 3 (w.e.f. 8.8.2012).]

(xv)

under Section 43, the rules subject to which the Collector or Survey Officer may prohibit the use of land for other purposes and summarily evict any holder who uses such land for such prohibited purpose;

(xvi)

under sub-section (1), the form of application for permission to convert the use of land from one purpose to another; under clause (c) of sub-section (2); the rules subject to which permission for change of user may be granted by the Collector; and under sub-section (3) of Section 44, the conditions subject to which the permission for change of user shall be deemed to have been granted under sub-section (5), the rules prescribing the fine which the defaulter shall be liable to pay; and under sub-section (6) of Section 44, the form in which sanad shall be granted to the holder for non-agricultural use;

[(xvi-a) under sub-section (2) of Section 44A, the form in which the person using the land for a bona fide industrial use [[or Integrated Township Project] [Clause (xvi-a) was inserted by Maharashtra 26 of 1994, section 4.]] shall give intimation of the date on which the change of user of land has commenced and furnish other information; and under sub-clause (i) of clause (a) of sub-section (3) of Section 44A, the rules subject to which the Collector may levy penalty for failure to send intimation to the Tahsildar; and under sub-section (5) of Section 44A, the form of sanad;]

(xvii)

under sub-section (1) of Section 45, the rules prescribing the fine to be paid as penalty for using land without permission;

(xviii)

under Section 47, the rules subject to which the Collector may regularise the non-agricultural use of any land;

(xix)

[ under sub-section (8) of section 48, the rules prescribing the penalty to be paid by the owner for release of the machinery, equipment or means of transport used for unauthorised extraction, removal, collection, replacement, picking up or disposal of minor minerals; and under sub-section (9) of the said section 48, the rules to regulate the extraction and removal of minor minerals;] [Substituted by Maharashtra Act No. 27 of 2015, dated 17.8.2015.]

(xx)

under sub-section (1) of Section 49, the form in which an application shall be made;

(xxi)

under Section 51, the rules subject to which the land shall be granted to the encroacher;

(xxii)

under Section 60, the local area within which the operation of Section 55 may be suspended;

(xxiii)

under Section 66, the rules subject to which a holder of land shall be entitled to decrease of assessment including the rules subject to which the holder is liable for payment of land revenue on reappearance of the land lost by diluvion;

(xxiv)

under sub-section (4) of Section 67, rules according to which the assessment may be made under sub-sections (2) and (3) thereof;

(xxv)

under sub-section (1) of Section 68, the rules subject to which the assessment of the amount to be paid as land revenue may be fixed by the Collector;

(xxvi)

under Section 72, rules subject to which occupancy or alienated holding shall be disposed of;

(xxvii)

under Section 75, the form of register of alienated lands to be kept the rules subject to which a certified extract from that register may be granted and the fees to be paid therefor;

(xxviii)

under Section 78, the rules in accordance with which reduction, suspension or remission of land revenue in any area may be granted;

(xxix)

under Section 84, the rules in accordance with which the records of the area and assessment of survey numbers and sub-divisions thereof shall be maintained;

(xxx)

under Section 85, the rules in accordance with which the Collector may divide the holding and apportion assessment thereof; [* * * *] [These words 'and the limits of area or land revenue below which partition may be rejected' were deleted by Maharashtra 4 of 1970, section 6.]

(xxxi)

under sub-section (1) of Section 87, the rules in accordance with which the division of survey numbers in sub-divisions and the fixing of the assessments of the sub-divisions shall be carried out and revised; and the land records in which the area and assessment of such sub-divisions shall be entered;

(xxxii)

under clause (f) of Section 90, the number of soil units in the factor scale corresponding to the sixteen annas classification;

(xxxiii)

under sub-section (1), the rules for dividing the lands to be settled in groups and fixing the standard rates for each group; and under sub-section (3) of Section 94, the manner in which the land revenue assessment of individual survey numbers and sub-divisions shall be fixed by the Settlement Officer on the basis of their classification value;

(xxxiv)

under Section 96, the manner of ascertaining the average yield of crops of land for the purposes of the settlement and the manner of holding enquiry for that purpose and the manner of submitting report to the Collector;

(xxxv)

under Section 97, the manner in which a settlement report shall he published;

(xxxvi)

under Section 99, the amount of costs to be deposited, the manner in which an inquiry shall be made by [the Tribunal] [These words were substituted for the words 'the Divisional Commissioner' by Malt Land Revenue Code (Second Amendment) Act, 2007, Maharashtra 23 of 2002, section 11.]; and the rules for the refund of the costs;

(xxxvii)

under Section 102, the manner of giving notice;

(xxxviia)

[ under Section 108, the manner of determining the capitalised assessment; ] [This clause was inserted by Maharashtra 35 or 1976, section 4.]

(xxxviii)

under Section 113, the percentage of the full market value of lands and the other manner of publication of the standard rates of non-agricultural assessment, fixed or revised and the manner in which the full market value shall be estimated;

(xxxix)

under Section 117, the other occupations under clause (1), and the period and conditions under clause (5) thereof;

(xl)

under sub-section (2) of Section 127, the rules in accordance with which the amount of survey fee shall be regulated by the Collector;

(xli)

under Section 128, the manner in which and the maps and registers in which, the results of the operations conducted under Section 126 shall be recorded; and the proportion of contribution to be made by a village panchayat to the cost of preparing such maps;

(xlii)

under Section 131, the charges or fees for granting a copy of sanad;

(xliii)

under sub-section (2) of Section 136, the rules for regulating the procedure of the Collector in demarcating the boundaries of a survey number or of a sub-division and the nature of the boundary marks to be used and authorising the levy of fees from the holders of land;

(xliv)

under Section 137, the manner of publication of the scheme, plan and the rules subject to which boundaries may be revised by the Survey Officer under sub-section (2) and the number of members constituting a village committee and the manner in which the committee shall be elected under sub-section (4) thereof;

(xlv)

under Section 139, the rules subject to which the Superintendent of Land Records may determine the description of the boundary marks and survey marks and the manner in which they shall be constructed, laid out, maintained or repaired and determining dimensions and materials of such boundary and survey marks under sub-section (3) thereof;

(xlvi)

under Section 142, the manner of demarcating boundary and of repairing and renewing boundary marks under sub-section (1) thereof;

(xlvii)

under Section 148, the other particulars under clause (e) thereto which a record of rights shall include;

(xlviii)

under Section 149, the rules for producing the requisite evidence of the order by which the permission was given as provided by the third proviso thereof;

(xlix)

under Section 150, the form of acknowledgement to be given by the Talathi under sub-section (3), the manner in which orders disposing of objections shall be recorded in the register of mutations under sub-section (4), the rules subject to which transfers of entries from the register of mutations to the record of rights shall be effected under sub-section (5), the manner in which entries in the register of mutations shall be certified under sub-section (6) and the manner and procedure to be followed in maintaining the register of tenancies under sub-section (7), thereof;

(I)under sub-section (4), other matters which the booklet should contain; and under sub-section (5) of Section 151, the rules in accordance with which such booklet shall be prepared, issued and maintained and the fees to be charged therefor;

(Ii)the rules for the purpose of Section 153;

(lii)under Section 154, the form in which and the times at which intimation of transfers by registering officers shall be sent;

(liii)under Section 156, the other land records to be prepared;

(liv)under sub-section (2) of Section 170, the rules providing for the payment of land revenue in instalments and prescribing the dates on which, the persons to whom, and the places where at, such instalments shall be paid;

(Iv)under Section 179, the rules subject to which the occupancy or-alienated holding forfeited to Government may be sold or otherwise disposed of;

(lvi)under Section 187, the rules for the management of unalienated land;

(lvii)under sub-section (1) of Section 192, the form of proclamation to be issued by the Collector;

(lviii)under sub-section (4) of Section 193, the form of notice;

(lix)under Section 205, the manner in which a fresh notice of re-sale of property shall be given;

(lx)under Section 238, the rules for conducting ordinary inquiries;

(Ixi)under Section 239, the charges for copying, searches, inspection and other like matters;

(lxii)under Section 327, the rules subject to which, and the fees on payment of which, maps and records shall be open to the inspection of the public and certified extracts from the same or certified copies thereof shall be given;

(lxiii)any other matter for which rules may be made under this Code.

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