Friday, June 20, 2008

The Maharashtra Land Revenue Code, 1966

MAHARASHTRA ACT No.XLI OF 1966

[THE MAHARASHTRA LAND REVENUE CODE. 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.]

Amended by Mah. 30 of 1968. Amended by Mah.41 of 1973 (1-12-1973)

Amended by Mah. 8 of 1969. Amended by Mah. 35 of 1974 $(6-7-1974)

Amended by Mah. 11 of 1976 (14-4-1976)

Amended by Mah. 44 of 1969. Amended by Mah. 18 of 1976 (26-4-1976)

Amended by Mah. 35 of 1976 (30-7-1976)

Amended by Mah. 4 of 1970. Amended by Mah. 12 of 1977 (19-3-1977)

Amended by Mah. 30 of 1977 (16-8-1977)

Amended by Mah. 20 of 1970. Amended by Mah. 8 of 1979.

Amended by Mah. 36 of 1971. Amended by Mah. 47 of 1981 @ (29-7-1981)

Amended by Mah. 5 of 1982(5-2-1982)

Amended by Mah. 16 of 1985. Amended by Mah. 32 of 1986 (1-12-1986)

Amended by Mah. 1 of 1991 *(1-1-1991)

Amended by Mah. 26 of 1994 @@ (2-2-1994)

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1.For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1965, Part V Extra, pages 756-763, for Report of the Joint Committee, see ibid. 1966, Part V, pages 219-353.

+ Maharashtra Ordinance No. III of 1970 was repealed by Mah. 20 of 1970, s.3.

*This indicates the date of commencement of Act.

$ Maharashtra Ordinance No. XIII of 1974 was repealed by Mah. 35 of 1974, s.10.

@ Maharashtra Ordinance No. VIII of 1981 was repealed by Mah. 47 of 1981, s.14.

Section 2 of Mah. 47 of 1981 reads as under:-

Mah. XLI Of 1966

Constitution of the Bombay Division under Mah. XLI Of 1966

"2.On the date of commencement of this Act, notwithstanding anything contained in the Constitution Maharashtra Land Revenue Code, 1966 or in any notification or order issued thereunder, the City of the of Bombay shall be deemed to be constituted a district, the Bombay Suburban District shall be Bombay deemed to be excluded from the Konkan Division, and a new Division to be called to be called the Bombay Division. Division shall be deemed to be duly constituted under the said Code consisting of the districts under Mah. of the City of Bombay and the Bombay Suburban District, which areas may subsequently be XLI of 1966. altered and divided into two or more districts, with such names, as may be specified by the State Government by notification in the Official Gazette."

Section 10 of Mah. 5 of 1982 reads as under:-

Validation of delegation of powers of Collector to Additional Tahsildars under section 3 of Mah. XLI of 1966 and of their proceedings.

" 10.Notwithstanding anything contained in section 13 or in any other provisions of the Land Revenue Code and notwithstanding any judgment, declare or order of any Court or Tribunal,the Additional Tahsildars, who during any period or periods before the commencement of this Act, exercised any powers of the Collector under sub-section (3) of section 36 or any other provi-sions of the said Code, delegated to them by the Collector under the proviso to sub-section (1) of the said section 13, shall be deemed to have been validly delegated to them by the Collector during the said periods; and, accordingly, any proceedings conducted, order passed, sanctions given, certificates issued, declarations made or other action taken by any of the said Additional Tahsildars during the said periods, in the exercise of the powers of the Collector or in the purported exercise of 1966 of the powers of the Collector, shall be deemed to have been validly and effectively conducted, passed, given, issued, made or taken, as the case may be, as if the powers had been duly delegated to them for such purposes, and shall not be called in question in any proceedings before any Court or Tribunal merely on the ground that the powers were not duly delegated to them or that they had no jurisdiction."

* Section 7 of Mah. 1 of 1991 reads as under:-

Initiation of proceedings for restoration of lands to tribal transferor.

" 7.For the removal of doubt it is here by declared that, notwithstanding anything contained in any law for the time being in force, or any judgment or decree or order of any Court, Tribunal or authority, where the Collector had not initiated suo motto proceedings or a tribal-transferor had not made any application during the period specified in section 36 or 36A of the said Code, or section 3 or 4 of the principal Act, as they stood prior to amendments made by this Act, for restoration of land under the provisions aforesaid, it shall be competent for the Collector to suo motu initiate any proceedings, or for the tribal transferor to make an application, under the provisions of the said Code or the principal Act, as amended by this Act, for restoration of land to the tribal transferors."

@@ Maharashtra Ordinance No. II of 1994 was repealed by Mah. 26 of 1994,s.5.

An Act to unify and amend the Law relating to land and land revenue in the

State of Maharashtra

WHEREAS it is expedient to unify and amend the law relating to land and land revenue in the State of Maharashtra and to provide for matters connected there with ; It is hereby enacted in the Sixteenth Year of the Republic of India as follows :-

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