L. A. BILL No. CII 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:-
1. This Act may be called the Maharashtra Land Revenue Code (Second
Amendment and Validation) Act, 2025.
2. In section 36 of the Maharashtra Land Revenue Code, 1966 (hereinafter
referred to as “the said Code”), in sub- section (4),-
(i) for the words “or the Maharashtra State Financial Corporation” the
following words, brackets, letter and figures “or a corresponding new Bank
Mah.
XLI of
1966.
Short
title.
Amendment
of section 36
of Mah. XLI of
1966.
Mah.
XLI of
1966.
महाारााष्ट्रट शाासन रााजपत्र
असाधाारण भााग आठ
वर्षष ११, अंक ४२(३)]
बुुधवाार, डि’सेंबर १०, २०२५/अग्रहाायण १९, शकेे १९४७
[ पृष्ठे 5, किं�ंमत : रुपये २७.००
असाधाारण क्रमांं�क १०२
प्रााधि�कृृत प्रकााशन
महाारााष्ट्र वि�धाानमंडळााचेे अधि�नि�यम व रााज्यपालांं�नी प्रख्यापि�त केलेले अध्यादेेश व केलेले
वि�नि�यम आणि� वि�धि� व न्याय वि�भाागाकडून आलेली वि�धेेयके (इंंग्रजी 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 (Second Amendment and Validation) Bill, 2025
(L.A. Bill No. CII of 2025), introduced in the Maharashtra Legislative Assembly on the 10th December
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.
भााग आठ-१०२—१
एच बीी-२४५६—१
(१)
RNI No. MAHENG /2009/35528
2
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १०, २०२५/अग्रहायण १९, शके १
within the meaning of clause (b) of section 2 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 or the Maharashtra
State Financial Corporation”, shall be substituted;
(ii) before the Explanation the following proviso shall be inserted, and
shall be deemed to have been inserted with effect from the 27th February 2009,
namely:-
“Provided that, the Occupant Class II shall pay to the Government the
mortgage fees, at such rate as may be specified by the Government by general
or special order, for mortgaging his property, for any purpose other than
agriculture, in favour of a co-operative society, the State Bank of India, the
corresponding new Bank or the Maharashtra State Financial Corporation.”.
3. Notwithstanding anything contained in the said Code or in any rules
made thereunder or in any judgment, decree or order of any court, tribunal,
or any other authority, any levy, demand and collection of mortgage fees by
the Government or any revenue officer, during the period commencing on the
27th February 2009 and ending on the date of commencement of the Maharashtra
Land Revenue Code (Second Amendment and Validation) Act, 2025, from occupant
class II for mortgaging his property, for any purpose other than agriculture, in
favour of a co-operative society or the State Bank of India or a corresponding
new bank or the Maharashtra State Financial Corporation, in consideration
of a loan advanced to him by such co-operative society, State Bank of India,
corresponding new bank, or as the case may be, the Maharashtra State Financial
Corporation, shall be deemed to have been validly levied, demanded, collected
or taken and shall be deemed always to have been validly levied, demanded,
collected or taken under the said Code, as amended by the Maharashtra Land
Revenue Code (Second Amendment and Validation) Act, 2025; and accordingly,-
(i) no suit, prosecution or other legal proceedings shall lie in
any court or before any tribunal or other authority on the ground
that, the provisions of the said Code prior to such commencement
did not provide for levy, demand and collection of such mortgage
fees or action by the Government or revenue officer therefor; and
(ii) no suit, prosecution or other legal proceedings shall lie or
be maintained or continued in any court or before any tribunal or
other authority, for the refund of any such mortgage fees so levied,
demanded, collected or for any action taken with effect from the
27th February 2009.
40 of
1980.
Validation.
Mah.
--- of
2025.
Mah.
--- of
2025.
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १०, २०२५/अग्रहायण १९, शके १
3
STATEMENT OF OBJECTS AND REASONS
Section 36(4) of the Maharashtra Land Revenue Code, 1966 (Mah. XLI
of 1966) provides that it shall be lawful for an Occupant Class II to mortgage
his property in favour of the State Government, co-operative society, Banks or
Maharashtra State Financial Corporation in consideration of a loan advanced
to him.
2. The Government has issued a Government Resolution dated the
27th February 2009 to levy mortgage fees specified therein if Occupancy Class- II
or lease hold lands are mortgaged by occupant class II to financial institutions for
any purpose other than agriculture in consideration of a loan advanced to him.
3. The Bombay High Court, Nagpur Bench in Writ Petition No. 4086 of
2011, vide order dated 29.08.2022, held that clause (B) of the Government
Resolution dated 27.02.2009 seeking to levy mortgage fees is held to be without
any authority of law and quashed the same. Therefore, the Government
considers it necessary to provide for levy of mortgage fees in the said Code itself.
4. The Government, therefore, considers it expedient to suitably amend
section 36 of the said Code, with a view to provide that the Occupant Class
II shall pay to the Government the mortgage fees, at such rate as may be
specified by the Government by general or special order, for mortgaging
his property, for any purpose other than agriculture, in favour of a co-
operative society, the State Bank of India, the corresponding new Bank
or the Maharashtra State Financial Corporation with retrospective effect
from the 27th February 2009. It is also proposed to provide for validation of
levy, demand and collection of mortgage fees by the Government since the
27th February 2009.
5. The Bill seeks to achieve the above objectives.
Nagpur, CHANDRASHEKHAR BAWANKULE,
Dated the 9th December 2025. Minister for Revenue.
4
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १०, २०२५/अग्रहायण १९, शके १
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of legislative power,
namely :—
Clause 2.—Under this clause, in sub-clause (ii), power is taken to the
State Government to specify by general or special order the rate of mortgage
fees for mortgaging property of occupant class II.
2. The above-mentioned proposal for delegation of legislative power is of
a normal character.
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १०, २०२५/अग्रहायण १९, शके १
5
FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for amendment of section 36 of the Maharashtra
Land Revenue Code, 1966 (Mah. XLI of 1966) to levy the mortgage fees by
the Government for mortgaging by the occupant class II his property for any
purpose other than agriculture, in favour of a Co-operative Society or State Bank
of India or the corresponding new Bank or the Maharashtra State Financial
Corporation. There is no provision in the Bill which would involve the recurring
or non-recurring expenditure from the Consolidated Fund of the State on its
enactment as an Act of the State Legislature.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND
PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH
ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.