महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ५, अंक ४०] सोमवार, सप्टेंेबर १६, २०१९/भाद्र २५, शके १९४१ [पृष्ठे ३, किंमत : रुपये २७.००
असाधारण क्रमांक ८७
प्राधिकृत प्रकाशन
द्धन्रु]क्ष् ह्यम्द्धहभ् +ह्यह्यद्ध म् न्ह्र ह्य ॅ + म् ॅ ह्यम्ह्यद्ध +ह्य
ह्यम्ह्य म् ह्यम्ॅ +्र ह्यम्ॅ (ह्र +ाम्).
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) Ordinance, 2019 (Mah. Ord. XXIV of 2019), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.
————————
[ Translation in English of the Maharashtra Land Revenue Code (Amendment) Ordinance, 2019 (Mah.
Ord. XXIV of 2019), published under the authority of the Governor ].
REVENUE AND FORESTS DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 16th September 2019.
MAHARASHTRA ORDINANCE No. XXIV OF 2019.
AN ORDINANCE
further to amend the Maharashtra Land Revenue Code, 1966.
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 Mah. XLI the Maharashtra Land Revenue Code, 1966, for the purposes hereinafter of 1966.
appearing ;
(१)
भाग आठ-----८७------१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर १६, २०१९/भाद्र २५, शके १९४१ 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:—
1. (1) This Ordinance may be called the Maharashtra Land Revenue Code Short title and commencement.
(Amendment) Ordinance, 2019.
(2) It shall come into force at once.
2. In section 48 of the Maharashtra Land Revenue Code, 1966, in Mah. XLI of 1966.
sub-section (8), in clause (1), the words "not below the rank of Tahsildar" shall be Amendment of section 48 of Mah. XLI of 1966. deleted.
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर १६, २०१९/भाद्र २५, शके १९४१ ३STATEMENT
Section 48 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), provides Government titles to mines and minerals. Sub-section (8) of the said section 48 provides that the Collector or any revenue officer not below the rank of Tahsildar authorized by the Collector in this behalf may seize and confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry, etc., and may also seize and confiscate any machinery and equipment used for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and any means of transport deployed to transport the same.
2. However, the provision of clause (1) of sub-section (8) of section 48 does not empower any revenue officer below the rank of Tahsildar to confiscate unauthorisedly excavated minor minerals and seize and confiscate the machinery and equipment used for unauthorized extraction of minor mineral and the means of transport deployed to transport such minor minerals.
In present situation, if any revenue officer below the rank of Tahsildar seizes and confiscates the machinery and equipment used for unauthorized extraction of minor mineral, his action goes against the provisions of clause (1) of sub-section (8) of section 48 of the said Code. On account of the present provision of the said Code, where only the officers not below the rank of Tahsildar are empowered to confiscate the machinery and equipment used for control illegal excavation and transportation of minor minerals, it is difficult to curb illegal extraction and transportation of minor minerals.
Therefore, with a view to exercising better control over illegal extraction and transportation of minor minerals, the Government considers it expedient to authorise any revenue officer to confiscate equipment and machinery used for illegal extraction and transportation of minor minerals and for that purpose amend the said clause (1) of sub-section (8) of section 48 of the said Code, so as to delete the words "not below the rank of Tahsildar", appearing therein.
3. 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), for the purposes aforesaid, this Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI, dated the 16th September 2019. Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
MANU KUMAR SHRIVASTAVA,
Additional Chief Secretary to Government.