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1

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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) 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 ].

RNI No. MAHENG /2009/35528

¦ÉÉMÉ +É`ö-----87------1

(1)

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

the Maharashtra Land Revenue Code, 1966, for the purposes hereinafter

appearing ;

Mah. XLI

of 1966.

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2

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

(Amendment) Ordinance, 2019.

(2) It shall come into force at once.

2.

In section 48 of the Maharashtra Land Revenue Code, 1966, in

sub-section (8), in clause (1), the words “not below the rank of Tahsildar” shall be

deleted.

Short title and

commencement.

Amendment

of section 48

of Mah. XLI of

1966.

Mah. XLI

of 1966.

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3

STATEMENT

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.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, DR. NAMDEO KONDAJI BHOSALE, 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 : DIRECTOR, DR. NAMDEO KONDAJI BHOSALE.