The Maharashtra Land Revenue Code, 1966

--- Section 1. Section 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 Chapters 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, 1 [330A], 335, 336 and 337) 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 2 as the State Government may, by notification in the Official Gazette , appoint and different dates may be appointed for different provisions. [Footnotes] 1. These figures and letters were inserted by Mah. 35 of 1976, s. 2. 2. 15th August 1967 (vide G.N., F.D., No. UNF. 1067-R, dated 11th August 1967). --- Section 2. Section 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 of courtyard enclosed by, or appurtenant to, any building erected thereupon ; ( 6 ) "certified copy" or "certified extract" means a copy of extract, as the case may be, certified in the manner prescribed by section 76 of the Indian Evidence Act, 1872 (I of 1872) ; ( 7 ) "chavadi" means the place ordinarily used by a village officer for the transaction of village business ; 1 [( 7-A ) "Data Bank" is a bank repository of information maintained at the concerned Collector office, conclusively certified by the District Head of the concerned Department and updated by him from time to time, which shall be used by the Collector for ascertaining the objection, if any, of the concerned Department, while granting permission for use of land for non-agricultural purposes under the Code ;] ( 8 ) "estate" means any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same ; ( 9 ) "farm building" means a structure erected on land assessed or held for the purpose of agriculture for all or any of the following purposes connected with such land or any other land belonging to or cultivated by the holder thereof, namely :- ( a ) for the storage of agricultural implements, manure or fodder ; (b) for the storage of agricultural produce ; ( c ) for sheltering cattle ; (d) for residence of members of the family, servants or tenants of the holder; or ( e ) for any other purpose which is an intergral part of his cultivating arrangement; ( 10 ) "gaothan" or "village site" means the lands included within the site of a village, town or city as determined by section 122 ; ( 11 ) "Government lessee" means a person holding land from Government under a lease as provided by section 38 ; ( 12 ) "to hold land" or "to be a land-holder or holder of land" means to be lawfully in possession of land, whether such possession is actual or not ; ( 13 ) "holding" means a portion of land held by a holder ; ( 14 ) "improvement" in relation to a holding, means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes- ( a ) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes ; (b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water ; ( c ) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land ; ( d ) the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan required for the convenient or profitable use or occupation of the holdings; and ( e ) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; but does not include- (i) temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture ; or ( ii ) any work which substantially diminishes the value of any land wherever situated, in the occupation of any other person, whether as occupant or tenant ; Explanation .- A work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings ; ( 15 ) "joint holders" or "joint occupants" means holders or occupants who hold land as co-sharers, whether as co-shares in family undivided according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, "holder" or "occupant ", as the case may be, means all the joint holders or joint occupants ; ( 16 ) "land" includes benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages, or other defined portions of territory ; ( 17 ) "landlord" means a lessor ; ( 18 ) "land records" means records maintained under the provisions of, or for the purposes of, this Code and includes a copy of maps and plans of a final town planning scheme, improvement scheme or a scheme of consolidation of holdings which has come into froce in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise ; ( 19 ) "land revenue" means all sums and payments, in money received or legally claimable by or on behalf of the State Government from any person on account of any land or interest in or right exercisable over land held by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the State Government under the provisions of any law for the time being in force ; and includes, premium, rent, lease money, quit rent, judi payable by a inamdar or any other payment provided under any Act, rule, contract or deed on account of any land ; ( 20 ) "legal practitioner" has the meaning assigned to it in the Advocates Act, 1961 (25 of 1961) ; ( 21 ) "non-agricultural assessment" means the assessment fixed on any land under the provisions of this Code or rules thereunder with reference to the use of the land for a non-agricultural purpose ; ( 22 ) "occupancy" means a portion of land held by an occupant ; ( 23 ) "occupant" means a holder in actual possession of unalienated land, other than a tenant or Government lessee; provided that, where a holder in actual possession is a tenant, the land holder or the superior landlord, as the case may be, shall be deemed to be the occupant ; ( 24 ) "occupation" means possession ; ( 25 ) "to occupy land" means to possess or to take possession of land ; ( 26 ) "pardi land" means a cultivated land appertaining to houses within a village site ; ( 27 ) "population" in relation to any area means population as ascertained at the last preceding census of which the relevant figures have been published ; ( 28 ) "prescribed" means prescribed by rules made by the State Government under this Code ; ( 29 ) "recognised agent" means a person authorised in writing by any party to a proceeding under this Code to make appearances and applications and to do other acts on his behalf in such proceedings ; ( 30 ) "relevant tenancy law" means- ( a ) in the 2 Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948) ; (b) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. XXI of 1950) ; and ( c ) in the Vidarbha Region of the State of Maharashtra, the 3 Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958). ( 31 ) "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith ; ( 32 ) "revenue year" means the year commencing on such date as the State Government may, by notification in the Official Gazette , appoint ; ( 33 ) "saza" means a group of villages in a taluka which is constituted a saza under section 4 ; 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" except in Chapter XIV means a land-holder entitled to receive rent or land revenue from other land-holders (called "inferior holders") whether he is accountable or not for such rent or land revenue, or any part thereof, to the State Government : Provided that, where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies by a holder of alienated land whose name is authorisedly entered as such in the land records, such holder shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him, and the grantee shall, with reference to the grantor, be deemed to be the inferior holder of such land, and for the purposes of sections 147, 151 and 152 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), shall, notwithstanding anything hereinafter contained in the definition of the word "tenant", be deemed to be the tenant of such grantor ; ( 39 ) "survey officer" means an officer appointed under, or in the manner provided by, section 8 ; ( 40 ) "tenant" means a lessee, whether holding under an instrument, or under an oral agreement, and includes a mortgagee of a tenants 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 ; 5 [( 42 ) "Urban area" means an area included within the limits of any municipal corporation or municipal council, constituted under the relevant law for the time being in force and the expression "nonurban area" shall be construed accordingly ;] ( 43 ) "village" includes a town or city and all the land belonging to a village, town or city ; ( 44 ) "wada land" means an open land in village site used for tethering cattle or storing crops or fodder, manure or other similar things. [Footnotes] 1. This clause was inserted by Mah. 37 of 2014, s. 2. 2. Short title of the Act has been amended as the "Maharashtra Tenancy and Agricultural Lands Act" by Mah. 24 of 2012, s. 2 & 3, Schedule, entry 33, w.e.f. 1st May 1960. 3. Short title of the Act has been amended as the "Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act" by Mah. 24 of 2012, s. 2 & 3, Schedule, entry 72, w.e.f. 1st May 1960. 4. Clause ( 33A ) was inserted by Mah. 43 of 2005, s. 2. 5. Clause ( 42 ) was substituted by Mah. 21 of 2003, s. 2. --- Section 3. Section 3.Division of State into revenue areas. --- 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 1 [(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. [Footnotes] 1. 1 These brackets and words were substituted for the bracket and words "(excluding the City of Bombay)" by Mah. 47 of 1981, ss. 3 and 4. --- Section 4. Section 4.Constitution of revenue areas. --- ( 1 ) The State Government may, by notification in the Official Gazette, specify- (i) the districts 1 [(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 villages which constitute 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 alter 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 document 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 2 [three hundred, as ascertained such by a revenue officer not below the rank of a Tahsildar] to be a village ; and specify therein the limits of the village so constituted. ( 2 ) The Collector may by an order published 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. ( 3 ) The divisions, districts, sub-division, 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 3 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. [Footnotes] 1. These brackets and words were substituted for the bracket and words "(excluding the City of Bombay)" by Mah. 47 of 1981, ss. 3 and 4. 2. These words were substituted for the words "three hundred" by Mah. 8 of 1968, s. 2. 3. Short title of the Act has been amended as "the Maharashtra General Clauses Act" by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 11, w.e.f. 1st May 1960. --- Section 5. Section 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. --- Section 6. Section 6.Revenue officers in division. --- The State Government shall appoint a Commissioner of 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. --- Section 7. Section 7.Revenue officers in district. --- ( 1 ) The State Government shall appoint a Collector 1 [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 be the chief officer entrusted with the local revenue administration of a taluka . ( 2 ) The State Government may appoint one or more Additional Collectors 2 [and in each district (including the City of Bombay)] and so many Assistant Collectors and Deputy Collectors (with such designations such as "First", "Second", "Supernumerary", 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 Collector 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. [Footnotes] 1. These words were substituted for the words "for the City of Bombay and for each district" by Mah. 47 of 1981, s. 5( a ). 2. These words were substituted for the words "for the City of Bombay and for each district" by Mah. 47 of 1981, s. 5 (b) . --- Section 8. Section 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 of Land Records", "Settlement Officers", "District Inspectors of Land Records" and "Survey Tahsildars", or otherwise as may seem requisite. --- Section 9. Section 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 offices provided for in this Chapter or to confer upon an 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. --- Section 9A. Section 9A.Delegation of powers. --- 1 [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.] [Footnotes] 1. Section 9A was inserted by Mah. 30 of 1968, s. 2. --- Section 10. Section 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, or 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. --- Section 11. 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 1 [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. [Footnotes] 1. These words and brackets were substituted for the words "for the City of Bombay or in district" by Mah. 47 of 1981, s. 6. --- Section 12. Section 12.Appointments to be notified. --- 1 [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. [Footnotes] 1. This portion was substituted for the portion beginning with the words "The appointment" and ending with the words "duly notified" by Mah. 30 of 1968, s. 3. --- Section 13. Section 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. 1 [ 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 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. 2 * * * * * * ( 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 subdivision, the Collector shall, under the general orders of the State Government, assign as 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. [Footnotes] 1. This Explanation was deemed always to have been added by Mah. 5 of 1982, s. 9. 2. Proviso was deleted by Mah. 47 of 1981, s. 7. --- Section 14. Section 14.Powers and duties of survey officers, circle officers, etc. --- ( 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 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 concerns 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. --- Section 15. Section 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. --- Section 16. Section 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. --- Section 17. Section 17.Demands for money, papers, etc., to be made known in writing to person concerned, etc. --- 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. --- Section 18. Section 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 this 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 1 Code of Criminal Procedure, 1898. ( 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. [Footnotes] 1. See now the Code of Criminal Procedure, 1973 (2 of 1974). --- Section 19. Section 19.Officer or person in jail may secure his release by furnishing security. --- 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. --- Section 20. Section 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 watermark, 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 not been 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. --- Section 21. Section 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 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 places on, or in the vicinity of, such Government road, and shall invite objections to the proposal aforesaid. ( 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 subsection ( 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 any 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, (I of 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. --- Section 22. Section 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 purpose ; and the lands assigned shall not be otherwise used without the sanction of the Collector and in the disposal of lands under section 20 due regard shall be had to all such special assignments. --- Section 22A. Section 22A.Prohibition on diversion of use of Gairan land. --- 1 [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. ( 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. 2 [( 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 330A, 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 (30 of 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 Divisional Commissioner.] 3 [( 7 ) Notwithstanding anything in sub-sections ( 1 ) to ( 6 ) or any other provision of this Act, Gram Sabhas shall be competent to preserve, safeguard and manage Gairan land in Scheduled Areas ; Provided that, no Gairan land in the Scheduled Areas shall be diverted or disposed of without the prior informed consent of the Gram Sabhas concerned. Explanation .- For the purposes of sub-section ( 7 ), the term "Gram Sabha" shall have the same meaning as assigned to it in section 54-1A (b) of the Maharashtra Village Panchayats Act (III of 1959).] [Footnotes] 1. This section was inserted by Mah. 34 of 2017, s. 2. 2. Sub-section ( 6 ) was substituted by Mah. 12 of 2018, s. 2. 3. Sub-section ( 7 ) was inserted by Notification No. RB/TC/ e-13015 (3) (2015)/MLRC-22A/532, dated the 9th May 2017 issued by Office of Governor of Maharashtra. --- Section 23. Section 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. --- Section 24. Section 24.Recovering value of natural products unauthorizedly 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 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. --- Section 25. Section 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. --- Section 26. Section 26.Trees and forests vesting in Government. --- The right to all trees, brushwood, jungle or other natural product growing on land set apart for forest reserves under section 22, and to all trees, brushwood, jungle or other natural product, 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. --- Section 27. Section 27.Recovery of value of trees, etc., unauthorizedly appropriated. --- Any person who shall unauthorizedly 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. --- Section 28. Section 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 dispute 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.