Servants of Knowledge
Maharashtra Gazette · Government of Maharashtra

Part VIII, Ext. No. 16, L. A. BILL No. I OF 2025. A Bill further to amend the Maharashtra Land Revenue Code, 1966 Wednesday, 5th March 2025.

Published 05 March 2025

Type
Extra - Ordinary
Part
Part 8 (English)
Division
CENTRAL SECTION
Identifier
in.gazette.maharashtra.2025-03-05.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-
Languages
English, Marathi
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च ५, २०२५/फाल्गुन १४, शके १९४६ १

RNI No. MAHENG / 2009 / 35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ११, अंक २] बुधवार, मार्च ५, २०२५/फाल्गुन १४, शके १९४६ [पृष्ठे ३, किंमत : रुपये २७.००

असाधारण क्रमांक १६

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

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) Bill, 2025 (L. A. Bill No. I of 2025), introduced in the Maharashtra Legislative Assembly on the 5th March 2025, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

L. A. BILL No. I OF 2025.

A BILL

further to amend the Maharashtra Land Revenue Code, 1966.

WHEREAS it is expedient further to amend the Maharashtra Land Revenue Code, 1966, for the purposes hereinafter appearing ; it is hereby enacted in the Seventy-sixth Year of the Republic of India, as follows :–

Mah. XLI of 1966.

Short title.

1. This Act may be called the Maharashtra Land Revenue Code (Amendment) Act, 2025.

(१)

भाग आठ-१६----१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च ५, २०२५/फाल्गुन १४, शके १९४६ Mah. XLI of 1966.

2. In section 220 of the Maharashtra Land Revenue Code, 1966, after the second proviso, the following proviso and Explanation shall be added, namely :—

Amendment of section 220 of Mah. XLI of 1966.

" Provided also that, if the property is not subsequently sold as aforesaid or returned or granted on tenure to the defaulter within a period of twelve years from the date of purchase on behalf of the State Government, the Collector may, by notice to the defaulter or his legal heir, ascertain his willingness to have the land returned back to him ; and if the defaulter or his legal heir gives his willingness to have such land returned back and pays an amount of twenty-five per cent. of the market value of such land for the year in which the land is returned or granted to the defaulter or his legal heir within such period, which shall not be less than ninety days, as may be specified by the Collector in the notice issued in this behalf, then the land shall be returned and granted to the defaulter or his legal heir subject to restrictions on right to transfer without prior permission from the State Government.

Explanation.— For the purposes of this section, "the market value of such land" means the value of such land specified in the Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force, in this regard for the relevant year, and where such Annual Statement of Rates are not prepared or available, it means the value of such land as determined by the Assistant Director of the Town Planning Department of the concerned District.".

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च ५, २०२५/फाल्गुन १४, शके १९४६ ३

STATEMENT OF OBJECTS AND REASONS.

Under the provisions of Chapter XI of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) the lands of the defaulter farmers, who have failed to pay arrears of land revenue, are attached, taken under management of the Government or sold or purchased on behalf of the Government for realization of arrears of land revenue. Such lands are under the management of the District Collector under the head "Aakari pad".

2. Section 220 of the said Code provides that, where at any sale held under the provisions of Chapter XI of the said Code, there is no bidder or the bids made are inadequate or nominal, it shall be lawful for the Collector to authorize any of his subordinates to purchase such property on behalf of the State Government for such bid as such subordinate may make.

First proviso to the said section 220 provides that, if the property so purchased is subsequently sold by the State Government within twelve years of the purchase, then after deducting the Government dues and penalty the surplus amount shall be paid to the defaulter. Second proviso to the said section 220 provides that, if the property is not subsequently sold, it may be returned to the defaulter on payment of the Government dues and penalty at any time within a period of twelve years from the date of purchase on behalf of the State Government.

However, there are many such lands which are under the management of the District Collectors for default in payment of meagre amount of arrears of land revenue even after lapse of thirty to forty years since the purchase of such lands on behalf of the Government under said section 220. It is not possible for the Government to manage such lands day by day, as it has become a very difficult task to protect such lands from encroachments. The land holders and their legal heirs have also, from time to time, demanded to return such lands to them. However, in view of the provisions of second proviso to the said section 220 such lands cannot be returned or regranted to the defaulting land owners after lapse of a period of twelve years from the date of its purchase on behalf of the State Government.

If such lands are returned back to the defaulting land holders on payment of the Government dues, the problem of their subsistence or livelihood will be resolved, such lands will not remain fallow and also will come into the national stream and the Government can also get an increased revenue.

Therefore, it is considered expedient to make a suitable amendment to section 220 of the said Code to enable the Government to return or regrant such Akari pad lands to the defaulting land holders or their legal heirs, on payment of an amount of twenty-five per cent. of the market value of such land for the year in which the land is returned and granted to the defaulter or his legal heir.

3. The Bill seeks to achieve the above objectives.

Mumbai, CHANDRASHEKHAR BAWANKULE, Dated the 25th February 2025. Minister for Revenue.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 05 March 2025. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2025-03-05.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-/. Archive identifier in.gazette.maharashtra.2025-03-05.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-.