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Section 92

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions
3Division of State into revenue areas
4Constitution of revenue areas

Chapter IIRevenue Officers : Their Powers and Duties

5Chief Controlling authority in revenue matters
6Revenue Officers in division
7Revenue Officers in district
8Survey Officers
9Combination of Officers
9A[Delegation of powers. [Section 9A was inserted by Maharashtra 30 of 1968, section 2.]
10Temporary vacancies
11Subordination of Officers
12Appointments to be notified
13Powers and duties of Revenue Officers
14Powers and duties of Survey Officers, Circle Officers, etc
15Conferral by State Government of powers of Revenue Officers on other persons
16Seals
17Demands for money, papers, etc. to be made known in writing to person concerned etc
18Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for recovery of papers or property
19Officer or person in jail may secure his release by furnishing security

Chapter IIIOf Lands

20Title of State in all lands, public roads etc., which are not property of others
21Extinction of rights of public in or over any public road, lane or path not required for use of public
22Lands may be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of Collector
22A[ Prohibition on diversion of use of Gairan land. [Inserted by Maharashtra Act No. 34 of 2017, dated 26.4.2017.]
23Regulation of use of pasturage
24Recovering value of natural products unauthorisedly removed from certain lands
25Right to trees in holdings
26Trees and forests vesting in Government
27Recovery of value of trees, etc., unauthorisedly appropriated
28Regulation of cutting and supply of wood, etc
29Classes of persons holding land
29AConversion of occupancy of certain Government lands
30Occupation of unalienated land granted under provisions of the Code
31Unoccupied land may be granted on conditions
32Grant of alluvial land vesting in Government
33Temporary right to alluvial lands of small extent
34Disposal of intestate occupancies
35Disposal of relinquished or forfeited sub-division
36Occupancy to be transferable and heritable subject to certain restrictions
36A[ Restrictions on transfers of occupancies by Tribals. [Sections 36A, 36B and 36C were inserted by Maharashtra 35 of 1974, section 3.]
36BDamages for use and occupation of occupancies in certain cases
36BBPleaders, etc., excluded from appearance
36CBar of jurisdiction of Civil Court or authority
37Occupants’ rights are conditional
37ARestrictions on sale, transfer, redevelopment, change of use, etc., in relation to Government land and nazul land
38Power to grant leases
39Occupant to pay land revenue and Government lessee to pay rent fixed
40Saving of powers of Government
41Uses to which holder of land for purposes of agriculture may put his land
42Permission for non-agricultural use
42ANo permission required for change of use of land situate in area covered by Development Plan
42BProvision for conversion of land use for lands included in final Development Plan area
42CProvision for conversion of land use for lands included in the Draft Regional Plan
42DProvision for conversion of land use for the residential purpose
44Procedure for conversion of use of land from one purpose to another
44ANo permission required for bona fide industrial use of land
45Penalty for so using land without permission
46Responsibility of tenant or other person for wrongful use
47Power of State Government to exempt lands from provisions of section 41, 42, 44, 45 or 46
48Government title to mines and minerals
49Construction of water course through land belonging to other person
50Removal of encroachments on land vesting in Government ; provisions for penalty and other incidental matters
52Value and land revenue how calculated
53Summary eviction of person unauthorisedly occupying land vesting in Government
54Forfeiture and removal of property left over after summary eviction
54AAdditional temporary powers for termination of licences, and removal of any building or other structure on any land or foreshore which is forfeited and of persons re-entering or remaining on the land or foreshore after eviction
55Relinquishment
56Relinquishment of alienated land
57Right of way to relinquished land
59Summary eviction of person unauthorisedly occupying land
60Power of State Government to suspend operation of section 55
61Occupancy when not liable to process of civil court ; court to give effect to Collector’s certificate
62Bar of attachment or sale
63Bar of foreclosure or attachment or sale of Bhumidhari’s right

Chapter IVOf Land Revenue

64All lands liable to pay revenue unless specially exempted
65Liability of alluvial lands to land revenue
66Assessment of land revenue in cases of diluvian
67Manner of assessment and alteration of assessment
68Assessment by whom to be fixed
69Settlement of assessment to be made with holder directly from State Government
70Rates for use of water
71The fixing of assessment under this Code limited to ordinary land revenue
72Land revenue to be paramount charge on land
73Forfeited holdings may be taken possession of and otherwise disposed
74To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue
75Register of alienated lands
76Receipts
77Penalty for failure to grant receipts
78Reduction, suspension or remission of land revenue

Chapter VRevenue Surveys

79Revenue survey may be introduced by State Government into any part of State
80Survey Officer may require by general notice or by summons, suitable service from holders of land, etc
81Assistance to be given by holders and others in measurement or classification of lands
82Survey numbers not to be of less than certain extent
83Power of State Government to direct fresh survey and revision of assessment
84Entry of survey numbers and sub-divisions in records
85Partition
86Division of survey numbers into new survey numbers
87Division of survey numbers into sub-divisions
88Privilege of title-deeds
89Survey made before commencement of this Code to be deemed to be made under this Chapter

Chapter VIAssessment and Settlement of Land Revenue of Agricultural Land

90Interpretation
91Forecast as to settlement
92Power of State Government to direct original or revision settlement of land revenue of any lands
93Term of settlement
94Assessment how determined
95Increase in average yield due to improvements at the expense of holders not to be taken into account
96Settlement Officer how to proceed for making settlement
97Settlement report to be printed and published
98Submission to Government of settlement report with statement of objections, etc., and Collector's opinion thereon
99Reference to [Revenue Tribunal] [These words were substituted for the words 'Divisional Commissioner' by Maharashtra Land Revenue Code (Second Amendment) Act, 2007, Maharashtra 23 of 2007, section 2.]
100Orders on Settlement Report
101Powers of State Government to exempt from assessment for water advantages
102Introduction of settlement
103Claims to hold land free of land revenue
104Assessment of lands wholly exempt from payment of land revenue
105Powers of State Government to direct assessment for water advantages
106Power of Collector to correct errors
107Settlement made before this Code to be deemed to be made under this Chapter

Chapter VIIAssessment and Settlement of Land Revenue of Lands used for Non-Agricultural Purposes

108Interpretation
109Non-agricultural assessment of lands to be determined on the basis of their non-agricultural use and having regard to urban and non-urban areas
110Procedure for determining non-agricultural assessment of lands in non-urban areas
111Procedure for determining non-agricultural assessment in urban areas
112Non-agricultural assessment not to exceed three per cent of full market value
113Powers of Collector to fix standard rate of non-agricultural assessment
114Rate of assessment of lands used for non-agricultural purposes
115Date of commencement of non-agricultural assessment
116[* * *] [Section 116 was deleted by Maharashtra 9 of 2002, section 3.]
117Lands exempt from payment of non-agricultural assessment
118Revocation of exemption
119Non-agricultural assessment of lands wholly exempt from payment of land revenue
120Non-agricultural assessment fixed before commencement of Code to continue in force until altered

Chapter VIIIOf Lands within the Sites of Villages, Towns and Cities

121Application of Chapter
122Limits of sites of villages, towns and cities how to be fixed
123No land revenue to be levied in certain cases of lands within sites of village, town or city
124Right to exemption to be determined by Collector
125Pardi and wada lands exempted from payment of land revenue
126Survey of lands in village sites how to be conducted
127In certain cases survey fee to be charged
128Maps of village sites
129Sanad to be granted without extra charge
130Grant of sanad on alteration of holding
131Duplicate sanads may be granted

Chapter IXBoundary and Boundary Marks

132Fixation and demarcation of boundaries
133Determination of village boundaries
134Determination of field boundaries
135[ Dispute regarding boundaries between villages, survey numbers and sub-divisions. [Substituted by Maharashtra Act No. 60 of 2017, dated 7.9.2017.]
136Demarcation of boundaries of survey number or sub-division
137Straightening out crooked boundaries
138Effect of settlement of boundary
139Construction and repairs of boundary marks of survey numbers and villages etc
140Responsibility for maintenance of boundary marks and survey marks
141Collector to have charge of boundary marks and survey marks after introduction of survey
142Demarcation and maintenance of boundary marks between holding and village road
143Right of way over boundaries
144Demarcation of boundaries in areas under town planning scheme or improvement scheme, or consolidation scheme
145Penalty for injuring boundary marks
146Power to exempt from operation of this Chapter

Chapter XLand Records

147Exemption from provisions of this Chapter
148Record of Rights
148 AMaintenance of record of rights, etc., by using suitable storage device
148A[ Maintenance of record of rights etc., by using suitable storage device. [Section 148A was inserted by Maharashtra 43 of 2005, section 3, (w.e.f. 25-8-2005).]
149Acquisition of rights to be reported
150Register of mutations and registers of disputed cases
151Obligation to furnish information, obligation to furnish entries from record of rights, etc., to holder or tenant in booklet form and to maintain booklet, etc
152Fine for neglect to afford information
153Requisition of assistance in preparation of maps
154Intimation of transfers by registering officers
155Correction of clerical errors
156Land records
157Presumption of correctness of entries in record of rights and register of mutations
158Bar of suits [****] [The words and figures 'and exclusion of Chapter XIII' were deleted by Maharashtra 30 of 1968, section 4.]
159Record of rights at commencement of Code
160Application of provisions of Sections 161 to 167
161Nistar Patrak
162Matter to be provided for in Nistar Patrak
163Provision in Nistar Patrak for certain matters
164Right in waste land of another village
165Wajib-ul-arz
166Regulation of fishing, etc
167Punishment for contravention of provisions

Chapter XIRealisation of Land Revenue and Other Revenue Demands

168Liability for land revenue
169Claims of State Government to have precedence over all others
170Dates on which land revenue falls due and is payable
171Temporary attachment and management of village or share of village
172Temporary attachment and management of village or share of village to be vacated (withdrawn) on security being furnished
173'Arrear', 'defaulter'
174Penalty for default of payment of land revenue
175Certified account to be evidence as to arrears
176Process of recovery of arrears
177Revenue demands of former years how recoverable
178When notice of demand may issue
179Occupancy or alienated holding for which arrear is due may be forfeited
180Distrainted and sale of defaulter's movable property
181Sale of defaulter's immovable property
182Power to attach defaulter's immovable property and take it under management
183Arrest and detention of defaulter
184Power to arrest by whom to be exercised
185Power to attach defaulter's village and take it under management
186Lands of such village to revert free of encumbrances
187Revenue management of villages or estates not belonging to Government that may be temporarily under management of State Government
188Application of surplus profits
189Restoration of village so attached
190Village, etc., to vest in State Government if not redeemed within twelve years
191But all processes to be stayed on security being given
192Procedure in effecting sales
193Notification of sales
194Sale by whom to be made; time of sale, etc
195Postponement of sale
196Sale of perishable articles
197When sale may be stayed
198Sale of movable property when liable to confirmation
200Mode of payment when sale is subject to confirmation
201Deposit by purchaser in case of sale of immovable property
202Purchase money when to be paid
203Effect of default
204Liability of purchaser for loss by re-sale
205Notification before re-sale
206Setting aside sales of movables
207Application to set aside sale of immovables
208Order confirming or setting aside sale
209Purchaser may apply to set aside sale under certain circumstances
210Application to set aside sale by person owing or holding interest in property
211Refund of deposit or purchase money when sale set aside
212On confirmation of sale, purchaser to be put in possession, Certificate of purchase
213Bar of suit against certified purchaser
214Application of proceeds of sale
215Surplus not to be paid to creditors, except under order of court
216Certified purchaser liable only for land revenue subsequently due
218Claims to attached property how to be disposed of
219Bar of revenue officer to bid, etc., at sale
220Purchase on nominal bid
221Sum recoverable under provisions of this Chapter
222Recovery of free grants as arrear of revenue in case of misuse
223Recovery of monies from survey

Chapter XIIProcedure of Revenue Officers

224Subordination of Revenue Officers
225Power to transfer cases
226Power to transfer cases to and from subordinates
227Power to summon persons to give evidence and produce documents
228Summons to be in writing, signed and sealed; service of summons
229Compelling attendance of witness
230Mode of serving notice
231Procedure for producing attendance of witnesses
232Hearing in absence of party
233Adjournment of hearing
234Mode of taking evidence in formal inquiries
235Writing and explanation of decisions
236Summary inquiries how to be conducted
237Formal and summary inquiries to be deemed judicial proceedings
238Ordinary inquiries how to be conducted
239Copies and translation, etc. how to be obtained
240Arrest of defaulter to be made upon warrant
241Power enter upon and survey land
242Collector how to proceed in order to evict any person wrongfully in possession of land
243Power to give and apportion costs
245Saving

Chapter XIIIAppeals, Revision and Review

246[ Application of this Chapter. [Sections 245 and 246 inserted by Maharashtra Land Revenue Code (Second Amendment) Act, 2007, Maharashtra 23 of 2007, sections 4 and 5.]
246A[ Pending applications for conferral of Occupants-Class I Rights. [Inserted by Maharashtra Act No. 44 of 2018, dated 27.7.2018.]
247Appeal and appellate authorities
248Appeal when to lie to State Government
249Appeal against review or revision
250Periods within which appeals must be brought
251Admission of appeal after period of limitation
252Appeal shall not be against certain orders
253Provision where last day for appeal falls on Sunday or holiday
254Copy of order to accompany petition of appeal
255Power of appellate authority
256Stay of execution of orders
257Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers
258Review of orders
259Rules as to decisions or orders expressly made final

Chapter XIVSpecial Provisions for Land Revenue in the City of Bombay

260Extent of this Chapter
261Interpretation
262[ Power of Collector to fix and to levy assessment for land revenue. [Section 262 was substituted by Maharashtra 44 of 1969.]
262A[ Rate of assessment not to exceed percentage of market value. [Sections 262A to 262E were inserted by Maharashtra 44 of 1969.]
262BStandard rate of assessment
262CPublication of standard rates of assessment
262DStandard rate of assessment to be in force for ten years until revised
262EPeriod of guarantee
263Settlement of assessment with whom to be made
264Liability of land revenue
265Claims of State Government to have precedence
266Power of Collector to give direction regarding payment of revenue
267Notice of demand may be served after arrears due
268Sales how to be conducted
269Defaulters may be arrested and confined
270Exemption from attachment and sale
271Collector's decision to be acted in the first instance but may be stayed on security being furnished
272Compulsory process to cease on payment under protest and on filing appeal and furnishing security
273Fees in respect of warrant for attachment and sale of defaulters' property. Additional fee
274Appeals before [Maharashtra Revenue Tribunal] [These words were substituted for the words 'concerned Divisional Commissioner' by Maharashtra Land Revenue Code (Second Amendment) Act, 2007, Maharashtra 23 of 2007, section 8(b).]
275Court-fees
276Power of State Government to make grants of lands free of revenue
277Bombay City Survey recognised
278State Government may order survey and appoint Superintendent
279Collector or subordinates may enter upon lands
280Notice to be served on holder to attend
281After service of notices, Superintendent may proceed with survey
282Survey map and register
283Superintendent may erect boundary marks
284Maintenance of temporary boundary marks
285Survey fee may be charged
286All documents connected with survey to be sent to Collector
287Maintenance of survey map and register
288Revision of maps
289Responsibility for maintenance and repair of boundary marks
290Collector may require superior holders to renew or repair survey marks. Requisition how made
291On default, Collector or assistants may enter and renew or repair. Charge for renewal or repair
292Privilege of title-deeds
293Proceedings not to be affected by informality
294Right of Government to lands and foreshore
295Such lands and foreshore how disposed of
296Notice of transfer of title to lands, etc., to be given to Collector
297Form of notice
298Penalty for neglect to give notice
299Person transferring title and omitting to give notice to continue liable for revenue
300Proceeding in case of disputes as to entry or transfer
301Registration or transfer not to affect right of Government
302Law applied to summons, etc
303Dues leviable as revenue demands
304Power to Collector of Bombay to assist other Collectors in realization of dues
305Collector to keep registers and rent rolls
306Rules
307Saving
308Definitions
309Maharashtra Revenue Tribunal
310President and Members
311Vacancy and temporary absence
312Registrar and Deputy Registrars
313Headquarters
314Place of sitting
315Jurisdiction of Tribunal
316Jurisdiction barred in certain cases
317Powers of Tribunal under other laws not affected
318Tribunal to have power of civil court
319Practice and procedure
320State Government to be heard in certain cases
321No appeal to State Government and jurisdiction of court barred
322Review of orders of Tribunal
323Manner of executing orders passed by Tribunal
324Provision for court-fees
325Rules

Chapter XVIMiscellaneous

327Maps and land records open to inspection, etc
328Rules
329Provision for previous publication of, and penalty for breach of rules
330Laying of rules before Legislature
330A[ Delegation of powers and duties. [Section 330A was inserted by Maharashtra 4 of 1970, section 7.]
331Certain provisions to apply to alienated villages
332Holders of land in alienated villages
333Construction of this Code
334Amendment of enactments
335Power to remove difficulty
336Repeal and savings
337Construction of reference

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MLRC 92Chapter VI · Assessment and Settlement of Land Revenue of Agricultural Land

Section 92 · Power of State Government to direct original or revision settlement of land revenue of any lands

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- Subject to the provisions of Section 91, the State Government may at any time direct a settlement of land revenue of any land (hereinafter referred to as an "original settlement"), or a fresh settlement thereof (hereinafter referred to as "revision settlement"), whether or not a revenue survey thereof has been made under Section 79:Provided that, no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.

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