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1
REVENUE AND FORESTS DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 21st April 2018.
MAHARASHTRA ORDINANCE No. IX OF 2018.
AN ORDINANCE
further to amend the Maharashtra Land Revenue Code, 1966 and to repeal
the Maharashtra Land Revenue (Inclusion of certain Bhumidharis in
Occupants—Class I Permission) Rules,1968.
WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances
exist which render it necessary for him to take immediate action further to amend
the Maharashtra Land Revenue Code, 1966 and to repeal the Maharashtra Land
Revenue (Inclusion of certain Bhumidharis in Occupants—Class I Permission)
Rules, 1968, for the purposes hereinafter appearing ;
Mah.
XLI of
1966.
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English
of the Maharashtra Land Revenue Code (Amendment) and the Maharashtra Land Revenue (Inclusion of
certain Bhumidharis in Occupants-Class I Permission) Rules (Repeal) Ordinance, 2018 (Mah. Ord. IX of
2018), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
Principal Secretary and R.L.A to Government,
Law and Judiciary Department.
[Translation in English of the Maharashtra Land Revenue Code (Amendment) and the Maharashtra
Land Revenue (Inclusion of certain Bhumidharis in Occupants-Class I Permission) Rules (Repeal)
Ordinance, 2018 (Mah. Ord. IX of 2018), published under the authority of the Governor].
———————
RNI No. MAHENG /2009/35528
(1)
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NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby
pleased to promulgate the following Ordinance, namely :—
CHAPTER I
PRELIMINARY
1.
(1) This Ordinance may be called the Maharashtra Land Revenue Code
(Amendment) and the Maharashtra Land Revenue (Inclusion of certain
Bhumidharis in Occupants—Class I Permission) Rules (Repeal) Ordinance, 2018.
(2) It shall come into force at once.
CHAPTER II
AMENDMENTS TO THE MAHARASHTRA LAND REVENUE
CODE, 1966.
2.
In section 29 of the Maharashtra Land Revenue Code, 1966 (hereinafter,
in this Chapter, referred to as “the Land Revenue Code”),—
(i) in sub-section (2), for clause (c), the following clause shall be
substituted, namely :—
“(c) on the date of commencement of the Maharashtra Land
Revenue Code (Amendment) and the Maharashtra Land Revenue
(Inclusion of certain Bhumidharis in Occupants—Class I Permission)
Rules (Repeal) Ordinance, 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.”;
(ii) in sub-section (3), in clause (b), sub-clause (i) shall be deleted.
3.
After section 246 of the Land Revenue Code, the following section shall
be inserted, namely :—
“246A. Any application by a person pending before any revenue officer
or, before the State Government, whether in appeal, revision or otherwise,
on the date of commencement of the Maharashtra Land Revenue Code
(Amendment) and the Maharashtra Land Revenue (Inclusion of certain
Bhumidharis in Occupants—Class I Permission) Rules (Repeal) Ordinance,
2018, for permission to hold the land as Occupants—Class I, shall, with effect
from the date of commencement of the said Ordinance be treated as closed.
Explanation.— For the purposes of this section the expression “land”
shall mean the land in any local area in Vidarbha, held in Bhumiswami rights
with restrictions on right to transfer, or in Bhumidhari rights in any local area
in Vidarbha.”.
4.
In section 328 of the Land Revenue Code, in sub-section (2), clause (ix)
shall be deleted.
CHAPTER III
REPEAL OF THE MAHARASHTRA LAND REVENUE
(INCLUSION OF CERTAIN BHUMIDHARIS IN OCCUPANTS—CLASS I PERMISSION)
RULES, 1968.
5. The Maharashtra Land Revenue (Inclusion of certain Bhumidharis in
Occupants—Class I Permission) Rules, 1968, shall stand repealed.
Short title and
commencement.
Amendment
of section 29
of Mah. XLI of
1966.
Insertion of
section 246A
in Mah. XLI of
1966.
Mah.
XLI of
1966.
Mah.
Ord. IX
of 2018.
Mah.
Ord. IX
of 2018.
Amendment
of section 328
of Mah. XLI of
1966.
Repeal of the
Maharashtra
Land Revenue
(Inclusion of
certain
Bhumidharis in
Occupants—
Class I
Permission)
Rules, 1968.
Pending
applications
for conferral of
Occupants—
Class I rights.
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CHAPTER IV
MISCELLANEOUS
6.
(1) If any difficulty arises in giving effect to the provisions of the
Maharashtra Land Revenue Code, 1966, as amended by this Ordinance, the State
Government may, by order published in the Official Gazette, as the occasion may
arise, make such provisions, not inconsistent with the provisions of the said Code,
as amended by this Ordinance, as may appear it to be necessary or expedient
for the purpose of removing such difficulty.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
Power to
remove
difficulty.
Mah.
XLI of
1966.
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STATEMENT
Section 29 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966)
provides for the classes of persons holding land from the State. Clause (c) of sub-
section (2) thereof provides that the holders of land in Bhumidhari rights in any
local area in Vidarbha, and permitted as such shall on payment of the premium
not exceeding three times the assesment payable in respect of such land shall
be Occupants—Class I. Sub-clause (i) of clause (b) of sub-section (3) of the said
section 29 provides that, the persons who are holding land in Vidarabha in
Bhumiswami rights with restrictions on the right to transfer or in Bhumidhari rights
under the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955) shall be
Occupants—Class II.
2.
The State Government has, for permitting the said Occupants holding
the land as Occupants—Class II to acquire rights as Occupants—Class I, framed
the Maharashtra Land Revenue (Inclusion of certain Bhumidharis in Occupants—
Class I Permission) Rules, 1968. The said rules provide for elaborate procedure
for converting such Occupants—Class II as Occupants—Class I.
3.
The Divisional Commissioners of the Amaravati and Nagpur Revenue
Divisions had, in 2012, undertaken a special drive under the “Maharajaswa
Abhiyan” for permitting the said Occupants—Class II to acquire rights as
Occupants-Class I.
However, it has been brought to the notice of the State Government that,
despite of the said special drive, a large number of applications for grant of such
permissions are still pending. It has also been brought to the notice of the State
Government that, the elaborate procedure provided in the rules is affecting the
grant of such permissions. It has also been brought to the notice of the State
Government that, the Madhya Pradesh Government has, vide Madhya Pradesh
Land Revenue Code, 1959 (M.P. Act No. 20 of 1959) already permitted similar
holders as Occupants-Class I.
4.
It is, therefore, considered expedient to immediately make suitable
provisions for permitting such holders to acquire rights as Occupants—Class I,
and to remove the time consuming process provided therefor in the said rules. It
is, therefore, considered expedient to provide for suitable amendments to the
Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) and to repeal the
Maharashtra Land Revenue (Inclusion of certain Bhumidharis in Occupants—
Class I Permission) Rules, 1968.
5.
As both Houses of the State Legislature are not in session and the
Governor of Maharashtra is satisfied that circumstances exist which render it
necessary for him to take immediate action further to amend the Maharashtra Land
Revenue Code, 1966 (Mah. XLI of 1966) and to repeal the Maharashtra Land
Revenue (Inclusion of certain Bhumidharis in Occupants—Class I Permission)
Rules, 1968, for the purposes aforesaid, this Ordinance is promulgated.
Mumbai,
CH. VIDYASAGAR RAO,
Dated the 21st April 2018.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
MANU KUMAR SRIVASTAV,
Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT
CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.