All State Laws 4th Bls

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All State laws - 4th BLS
Bachelors of Law - 3 years (University of Mumbai)
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STATE LAWS NOTES
NOTES
BY - ADVOCATE SATARUPA AICH

Con-7304128201
Email–rupa.aich227@gmail.com

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Land law Notes by Advocate – SatarupaAich

Con - 7304128201
CONTENTS
(1) BOMBAY TENANCY & AGRICULTURAL LANDS ACT 1948. –Definitions &Sections 63-66
(2) MAHARASHTRA LAND REVENUE CODE 1966 –Sections 41, - 54A, 147-167, 246-259, 260-307
(3) THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966. – Definitions &Sections 43-
51, 52-58, 125-129
(4) MAHARASHTRA HOUSING AREA DEVELOPMENT AUTHORITY ACT 1976 - Definitions & Sections
74 -103 Chapter VIIIA
(5) DEVELOPMET CONTROL REGULATIONS 1991 FOR MUMBAI - FSI & TDR
(6) THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961.
(7) MAHARASHTRA STAMP ACT 1958
Page |34

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201
(1) BOMBAY TENANCY & AGRICULTURAL LANDS ACT 1948.
Important Sections
Section–2 – Definitions
a) Backward area, b) Ceiling area,c) Collector, d) Improvement, e) Landholder”
f) Permanent tenant g) Protected tenanth) “Landholderi) Land
Sections – 64, 63, 66, 67
The Maharashtra government introduced the Bombay Tenancy and Agricultural Lands Act 1948 for the
accomplishment of the following objects. The main objective of the Maharashtra Tenancy and Agricultural Lands
Act, 1948 was to make land reforms and provide relief to the tenants of agricultural land.
OBJECTIVES OF THIS ACT –This Act was enacted for the purpose of achieving the following objectives
a) To amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard
to those lands.
b) To avoid the negligence on the part of landholders & to settle disputes between a landholder and his tenants,
so that cultivation of estate should not get suffer seriously or
c) For the purpose of improving the economic and social conditions of peasants or
d) To ensure the full and efficient use of land for agriculture, it is
e) To expedient to assume management of estates held by landholders and
f) To regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands
appurtenant thereto belonging to or occupied by agriculturists, agricultural labourers and artisans in the
Province of Bombay and
g) To make provisions for certain other purposes hereinafter appearing;
SECTION 1. - SHORT TITLE &EXTENT
(1) This Act may be called the Maharashtra Tenancy and Agricultural Lands Act.
(2) It extends to the Bombay area of the State of Maharashtra.
SECTION 2. - DEFINITIONS.
In this Act, unless there is anything repugnant in the subject or context,–
(1) “Agriculture” includes the following

a) horticulture,
b) the raising of crops, grass or garden produce,

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c) the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle,
d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure but
does not include allied pursuits or the cutting of wood only;
(1A) “Agricultural laborer”means a person whose principal means of livelihood is manual labour on land;
(2) “Agriculturist” means a person who cultivates land personally
(2A) “Allied pursuits” means dairy farming, poultry farming, breeding of livestock, grazing (other than
the pasturage of one’s own agricultural cattle) and such other pursuits as may be prescribed;
(2B) “Appointed day”means the 15th day of June 1955;
(2C) “Backward area” means any area declared by the State Government to be a backward area being an
area in which, in the opinion of the State Government, socially, economically and educationally backward classes
of citizens predominate; and includes an area declared to be a Scheduled area under paragraph 6 of the
Fifth Schedule to the Constitution of India;
(2D) “Ceiling area”means in relation to land held by a person whether as an owner or tenant or partly as
owner and partly as tenant the area of land fixed as ceiling area under Section 5 or 7;
Section 5–Application of Chapter V of Transfer of Property Act.
(1) For the purposes of this Act, the ceiling area of lands shall be,-
(a) 48 acres of jirayat land, or
(b) 24 acres of seasonally irrigated land or paddy or rice land, or
(c) 12 acres of perennially irrigated land.
(2) Where the land held by a person consists of two or more kinds of land specified in sub-section (1),
the ceiling area of such holdings shall be determined on the basis of one acre of perennially irrigated
land being equal to two acres of seasonally irrigated land or paddy or rice land or four acres
of jirayat land.
Explanation.–– In calculating the ceiling area, warkas land shall be excluded.
Note –Section 2 (20A) - The 'warkas' land is the land of the poor productivity. This land is used by the
farmer during the monsoon to grow 'low-grade' millets such as nachani and warai. Its cultivation
involved burning of the vegetation on the land, (rab manure) preparing the soil with a pick and sowing
by hand.
Section 7 - Permanent tenants.

For the purposes of this Act, a person shall be deemed to be a permanent tenant on the commencement
of this Act if his name a permanent tenant in respect of any land-
(a) on the date of the commencement of this Act, or
(b) in pursuance of orders issued during the course of any proceeding under the code:
(i) before the commencement of this Act, or

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(ii) after the commencement of this Act in cases in which inquiries were pending at the
commencement of this act, or
(c) in pursuance of an order issued by the Mamlatdar under sub-section
(2) For the purposes of this Act, a person-
(a) who on the date of the commencement of this act, was holding any land and cultivating it
personally, and
(b) who and whose predecessors-in- title, if any were immediately before that date for such
continuous period aggregating to a total continuous period of twelve years or more holding the
same land or any other land as a tenant under the same landlord and cultivating it
personally,
----------shall, unless it is proved by the landlord that he would not have been a permanent
tenant on the basis of continued possession of the land be also deemed to be a permanent tenant
of the land
(3) The rights of a permanent tenant under this section shall be entered in the record of rights
unless the landlord applies in writing to the mamlatdar within six months from the date of the
commencement of this Act for a declaration that any tenant under him is not a permanent tenant and
the application is allowed.
(2E) “Collector” includes an Assistant or Deputy Collector performing the duties and exercising the powers of the
Collector under the Bombay Land Revenue Code, 1879, or any other officer specially empowered by the State
Government to perform the functions of the Collector under this Act];
(3) “Co-operative Society” means a society registered under the provisions of the Bombay Co-operative
Societies Act, 1925, or a society deemed to have been registered under the said Act;
(4)“Co-operative Farming Society”means a society registered as such under the Bombay Co-operative Societies
Act, 1925;
Section 5 of the Bombay Co-operative Societies Act, 1925 - As per the provision of Section 5 Bombay
Co-operative Societies Act, 1925, a society which has as its object the promotion of the economic
interests of its members in accordance with cooperative principles, or a society established with the
object of facilitating the operations of such a society, may be registered under this Act with or without
limited liability:
(5) “To cultivate” with its grammatical variations and cognate expressions means –
a) to till or husband [i.e prepare the earth and work on it in order to grow crops ]the land for the purpose
of raising or improving agricultural produce, whether by manual labour or by means of cattle or
machinery, or
b) to carry on any agricultural operation thereon; and
------------the expression “uncultivated” shall be construed correspondingly.
Explanation.–– A person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on
any land, shall not on that account only be deemed to cultivate such land;
(6) “To cultivate personally” means to cultivate land on one’s own account––

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(i) by one’s own labour, or

(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of one’s family, by hired labour or by servants
on wages payable in cash or kind but not in crop share being land, the entire area of which––
(a) is situate within the limits of single village, or
(b) is so situated that no piece of land is separated from another by a distance of more than five
miles,or
(c) forms one compact block
Provided that the restrictions contained in clauses (a), (b) and (c) shall not apply to any land,––
(i) which does not exceed twice the ceiling area,
(ii) upto twice the ceiling area, if such land exceeds twice the ceiling area.
Explanation I.–– A widow or a minor, or a person who is subject to physical or mental disability, or a
serving member of the armed forces shall be deemed, to cultivate the land personally if such land is cultivated by
servants, or by hired labour, or through tenants.
Explanation II.–– In the case of a joint family, the land shall be deemed to have been cultivated personally if it
is cultivated by any member of such family;
(6C) “To hold land” as an owner or tenant shall, for the purposes of clause (2D) of this section and Sections
32(1B), 32A, 32B, 6 and 63, means to be lawfully in actual possession of land as an owner or tenant, as the case
may be;
(7) “Improvement”means with reference to any land, any work which adds to the value of the land and which is
suitable thereto as also consistent with the purpose for which it is held; and includes,–
(a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or
distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land from floods or from
erosion or other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on the land, required for the convenient or profitable use of such land for
agricultural purposes; and
(e) the renewal or reconstruction of any of the foregoing works or alterations therein or additions
thereto as are not of the nature of ordinary repair; but does not include such clearances, embankments,
levelling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants
in the ordinary course of agriculture;
(7A) “Joint family” means an undivided Hindu family, and in the case of other persons a group or unit the
members of which are by custom joint in estate or residence;

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(8)“Land” means ––
(a) land which is used for agricultural purposes or which is so used but is left fallow, and includes the sites of
farm buildings appurtenant to such land; and
(b) for this purposes term “Land” includes ––

(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land
appurtenant to such dwelling houses;
(ii) the sites of structures used by agriculturists for allied pursuits;
(9) “Landholder” means a

a) zamindar, jahagirdar,
b) saranjamdar,
c) inamdar,
d) talukdar, malik or
e) a khot or
f) any person not hereinbefore specified who is a holder of land or
g) who is interested in land, and
h) whom the State Government has declared on account of the extent and value of the land or his interests
therein to be a landholder for the purposes of this Act;
(9A) “Landless person” means a person who, holding no land for agricultural purposes, whether as an
owner or tenant, earns his livelihood principally by manual labour; and intends to take to the
profession of agricultureand is capable of cultivating land personally;
(10) “Mamlatdar”includes a Mahalkari and any other officer, whom the State Government may appoint to
perform the duties of a Mamlatdar under this Act;
(10A) “Permanent tenant”means a person ––

(a) whoimmediately before the commencement of the Bombay Tenancy and Agricultural Lands
(Amendment) Act, 1955 (hereinafter called “the Amending Act, 1955”)
(i) holds land as mulgenidar or mirasdar; or
(ii) by custom, agreement, or the decree or order of a Court holds the land on lease permanently; or
(b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of
antiquity; and
(c) includes a tenantwhose name or the name of whose predecessor-in-title has been entered in the
record of rights or in any public record or in any other revenue record as a permanent tenant immediately
before the commencement of the Amending Act, 1955;
(11) “Person”includes a joint family;

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(13) “Profits of Agriculture” in respect of any land means the surplus remaining with the holder after the
expenses of cultivation, including the wages of the cultivator working on the land are deducted form the gross
produce;
Explanation.– If the members of the family of a holder work on the land for the purpose of cultivation thereof,
the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in
this clause;
(14) “Protected tenant”means person who is recognized to be a protected tenant under Section 4A
Section 4-A - For the purposes of this Act, a person shall be recognized to be a protected tenant, if such person has
been deemed to be a protected tenant under Sections 3, 3A and 4 of the Bombay Tenancy Act, 1939, referred to in
Schedule I to this Act.
(16) “Rent”means any consideration, in money or kind or both, paid or payable by a tenant on account of the use
or occupation of the land held by him but shall not include the rendering of any personal service or labour;
(16B) “Small holder”means an agriculturists cultivating land less in area than an economic holding who
earns his livelihood principally by agriculture or by agricultural labour;
(17) “Tenancy”means the relationship of landlord and tenant;
(18) “Tenant”means a person who holds land on lease and include, ––

(a) a person who is deemed to be a tenant under Section 4;
(b) a person who is a protected tenant; and
(c) a person who is a permanent tenant; and the word “landlord” shall be construed accordingly;
(19) “Tribunal” means the Agricultural Lands Tribunal constituted under Section 67;
Write Section 67 shortly
(20A) “Warkas land” means land which is used for the purpose of rab manure in connection with rice cultivation
and is classified in the revenue record as warkas
(29) small- holder” means an agriculturist cultivating land, less in area than a family holding who earns his
livelihood principally by agriculture or by agricultural labour;

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CHART OF DEFINITIONS OF SECTION 2 - MAHARASHTRA LAND REVENUE CODE 1966
SECTION - 2 CLAUSE DEFINITIONS

POINTS TO REMEMBER
Agriculture” - It includes –
a) horticulture,
b) the raising of crops, grass or garden produce,
c) the use by an agriculturist of the land held by him or a part thereof for the
(1) grazing of his cattle,
d) the use of any land, whether or not an appanage to rice or paddy land, for the
purpose of rab manure
This definition does not include allied pursuits or the cutting of wood only as
“Agriculture”
“Agricultural laborer” --- means a person whose principal means of livelihood is

(1A)
manual labour on land.
(2)
“Agriculturist” means a person who cultivates land personally
“Allied pursuits” means dairy farming, poultry farming, breeding of

(2A) livestock, grazing () and such other pursuits as may be prescribed;
2 This definition does not include the pasturage of one’s own agricultural cattle.
(2B)
“Appointed day”means the 15th day of June 1955;
“Backward area” means any area declared by the State Government to be a

backward area being an area in which, in the opinion of the State Government,
(2C)
socially, economically and educationally backward classes of citizens
predominate; and includes an area declared to be a Scheduled area under
paragraph 6 of the Fifth Schedule to the Constitution of India;
“Ceiling area”means in relation to land held by a person whether as an

(2D) owner or tenant or partly as owner and partly as tenant the area of land fixed
as ceiling area under Section 5 or 7;
In this Definition need to mention Section 5 & Section 7-
Section 5 – Application of Chapter V of Transfer of Property Act.
(1) For the purposes of this Act, the ceiling area of lands shall be,-
(a) 48 acres of jirayat land, or
(b) 24 acres of seasonally irrigated land or paddy or rice land, or

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(c) 12 acres of perennially irrigated land.
(2) Where the land held by a person consists of two or more kinds of
landspecified in sub-section (1), the ceiling area of such holdings shall be
determined on the basis of one acre of perennially irrigated land being equal
to two acres of seasonally irrigated land or paddy or rice land or four acres
of jirayat land.
Explanation. - In calculating the ceiling area, wark as land shall be excluded.
Section 7 - Permanent tenants.

For the purposes of this Act, a person shall be deemed to be a permanent tenant on
the commencement of this Act if his name a permanent tenant in respect of any
land-
(a) on the date of the commencement of this Act, or
(b) in pursuance of orders issued during the course of any proceeding under the
code:
(i) before the commencement of this Act, or
(ii) after the commencement of this Act in cases in which inquiries were pending
at the commencement of this act, or
(c) in pursuance of an order issued by the Mamlatdar under sub-section
(2) For the purposes of this Act, a person-
(a) who on the date of the commencement of this act, was holding any land and
cultivating it personally, and
(b) who and whose predecessors-in- title, if any were immediately before that
date for such continuous period aggregating to a total continuous period of
twelve years or more holding the same land or any other land as a tenant
under the same landlord and cultivating it personally,
----------shall, unless it is proved by the landlord that he would not have been a
permanent tenant on the basis of continued possession of the land be also deemed
to be a permanent tenant of the land
(3) The rights of a permanent tenant under this section shall be entered in
the record of rights unless the landlord applies in writing to the mamlatdar
within six months from the date of the commencement of this Act for a declaration
that any tenant under him is not a permanent tenant and the application is
allowed.

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“Collector” includes an Assistant or Deputy Collector performing the duties

and exercising the powers of the Collector under the Bombay Land Revenue Code,
(2E) 1879, or any other officer specially empowered by the State Government to
perform the functions of the Collector under this Act.
In this definition the term “Collector” includes –

a) Assistant Collector or Deputy Collector
b) Or any other officer specially empowered by the State Government
“Co-operative Society” means a society registered under the provisions of

(3)
the Bombay Co-operative Societies Act, 1925, or a society deemed to have
been registered under the said Act;
“Co-operative Farming Society”means a society registered as such under the

(4)
Bombay Co-operative Societies Act, 1925;
“To cultivate” with its grammatical variations and cognate expressions means –
a) to till or husband [i.e prepare the earth and work on it in order to grow crops
] the land for the purpose of raising or improving agricultural produce,
whether by manual labour or by means of cattle or machinery, or
(5) b) to carry on any agricultural operation thereon; and
------------the expression “uncultivated” shall be construed correspondingly.
Explanation.– A person who takes up a contract to cut grass, or to gather the fruits
or other produce of trees on any land, shall not on that account only be deemed to
cultivate such land
“To cultivate personally” means to cultivate land on one’s own account––

(i) by one’s own labour, or
(6)
(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of one’s family, by
hired labour or by servants on wages payable in cash or kind but not in crop
share being land, the entire area of which––
(a) is situate within the limits of single village, or
(b) is so situated that no piece of land is separated from another by a distance of
more than five miles,or
(c) forms one compact block
Provided that the restrictions contained in clauses (a), (b) and (c) shall not apply
to any land,––
(i) which does not exceed twice the ceiling area,
(ii) upto twice the ceiling area, if such land exceeds twice the ceiling area.

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Explanation I.–– A widow or a minor, or a person who is subject to physical

or mental disability, or a serving member of the armed forces shall be deemed,
to cultivate the land personally if such land is cultivated by servants, or by hired
labour, or through tenants.
Explanation II.–– In the case of a joint family, the land shall be deemed to have
been cultivated personally if it is cultivated by any member of such family
“To hold land” as an owner or tenant shall, for the purposes of clause (2D) of this
(6C) section and Sections 32(1B), 32A, 32B, & 63, means ----------to be lawfully in actual
possession of land as an owner or tenant, as the case may be
“Improvement”means with reference to any land, any work which adds to the
value of the land and which is suitable thereto as also consistent with the
(7) purpose for which it is held; and includes,–
(a) the construction of tanks, wells, water channels, embankments and other
works for storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of
land from floods or from erosion or other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on the land, required for the convenient or
profitable use of such land for agricultural purposes; and
(e) the renewal or reconstruction of any of the foregoing works or
alterations therein or additions thereto as are not of the nature of ordinary
repair;
In this Section the expression “Improvement” but does not include such –
a) clearances,
b) embankments,
c) levelling,
d) enclosures,
e) temporary wells,
f) water channels and
---other works as are commonly made by the tenants in the ordinary course of
agriculture;
“Joint family” means an undivided Hindu family, and in the case of other persons a
(7A)
group or unit the members of which are by custom joint in estate or residence.
“Land” means ––
(8)
(a) land which is used for agricultural purposes or which is so used but is left
fallow, and
(b) includes the sites of farm buildings appurtenant to such land; and
(c) for this purposes term “Land” includes -

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(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers

or artisans and land appurtenant to such dwelling houses;
(ii) the sites of structures used by agriculturists for allied pursuits;
“Landholder” means a
a) zamindar, jahagirdar,
(9)
b) saranjamdar,
c) inamdar,
d) talukdar, malik or
e) a khot or
f) any person not hereinbefore specified who is a holder of land or
g) who is interested in land, and
-------------whom the State Government has declared on account of the extent and
value of the land or his interests therein to be a landholder for the purposes of this
Act;
“Landless person” means a person who, holding no land for agricultural
purposes, whether as an owner or tenant, earns his livelihood principally by
(9A)
manual labour; and intends to take to the profession of agriculture and is capable
of cultivating land personally;
“Mamlatdar”includes a Mahalkari and any other officer, whom the State

(10)
Government may appoint to perform the duties of a Mamlatdar under this Act;
“Permanent tenant”means a person ––

(10A)
(a) who immediately before the commencement of the Bombay Tenancy and
Agricultural Lands (Amendment) Act, 1955 (hereinafter called “the Amending Act,
1955”)
(i) holds land as mulgenidar or mirasdar; or
(ii) by custom, agreement, or the decree or order of a Court holds the land on
lease permanently; or
(b) the commencement or duration of whose tenancy cannot satisfactorily be
proved by reason of antiquity; and
(c) includes a tenantwhose name or the name of whose predecessor-in-title has

been entered in the record of rights or in any public record or in any other
revenue record as a permanent tenant immediately before the commencement of
the AmendingAct, 1955;
(11) “Person”includes a joint family;

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“Profits of Agriculture” in respect of any land means the surplus remaining with
(13) the holder after the expenses of cultivation, including the wages of the cultivator
working on the land are deducted form the gross produce;
Explanation.– If the members of the family of a holder work on the land for the
purpose of cultivation thereof, the labour of such members shall be taken into
account in estimating the expenses of cultivation referred to in this clause;
“Protected tenant”means person who is recognized to be a protected tenant

under Section 4A –
(14) Section 4A – of this Act required to be mentioned.
Section 4-A - For the purposes of this Act, a person shall be recognized to be a
protected tenant, if such person has been deemed to be a protected tenant under
Sections 3, 3A and 4 of the Bombay Tenancy Act, 1939, referred to in Schedule I to
this Act.
“Rent”means any consideration, in money or kind or both, paid or payable by a
(16)
tenant on account of the use or occupation of the land held by him but shall not
include the rendering of any personal service or labour
“Small holder”means an agriculturists cultivating land less in area than an

(16B) economic holding who earns his livelihood principally by agriculture or by
agricultural labour;
(17) “Tenancy”means the relationship of landlord and tenant;
“Tenant”means a person who holds land on lease and include, ––

(18)
(a) a person who is deemed to be a tenant under Section 4;
(b) a person who is a protected tenant; and
(c) a person who is a permanent tenant; and the word “landlord” shall be
construed accordingly;
(19) “Tribunal” means the Agricultural Lands Tribunal constituted under Section 67;
Write Section 67 shortly
“Warkas land” means land which is used for the purpose of rab manure in
(20A) connection with rice cultivation and is classified in the revenue record as warkas.
“Small- holder” means an agriculturist cultivating land, less in area than a family
(29)
holding who earns his livelihood principally by agriculture or by agricultural
labour;
SECTION – 67 - TRIBUNAL

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(1) For the purposes of this Act, there shall be a Tribunal, called the Agricultural Lands Tribunal for each
taluka or mahal or for such area as the State Government may think fit:
Provided that it shall be lawful for the State Government, by notification in the Official Gazette, from time
to time to do the following -
 to alter the local limits of the jurisdiction of the Tribunal or
 to abolish the Tribunal so constituted or reconstitute the Tribunal for such area as may be
specified in the notification; and in any case or
 to arrange for transfer of proceeding pending before any Tribunal on the date of such alteration
or reconstitution.
(2) The State Government may appoint an officer not below the rank of a Mamlatdar to be the Tribunal
and to exercise the powers and perform the duties and functions of the Tribunal under this Act in a taluka or
mahal or any other area referred to in sub-section (1):
Provided that the State Government may for any area constitute a Tribunal consisting of not less than
three members of whom-
(a) at least one shall be a person who is holding or has held a judicial office not lower in rank
than that of a civil judge under the Bombay Civil Courts Act, 1869, or who is qualified to practise as a
lawyer in the State of Maharashtra, and
(b) one shall be appointed to be the President of the Tribunal;
------------and the Tribunal so constituted shall exercise the powers and perform the duties and functions of
the Tribunal under this Act.
Explanation. - In this section 'lawyer' means any person entitled to appear and plead for another in Court in
the [Bombay area of the State of Maharashtra] and includes an advocate, a vakil and an attorney of the [High
Court of Maharashtra.
SECTION 63. - TRANSFERS TO NON AGRICULTURISTS BARRED.
(1) Save as provided in this Act––
(a) no sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue
or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest
therein, or
(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is
delivered to the mortgagee,
===========shall be valid in favour of a person who is not an agriculturist or who being an

agriculturist will after such sale, gift, exchange, lease or mortgage, hold land exceeding two thirds of the
ceiling area determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 or who
is not an agricultural laborer :

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Provided that the Collector or an officer authorized by the State Government in this behalf may grant
permission for such sale, gift, exchange, lease or mortgage, on such conditions as may be prescribed.
Explanation.– For the purpose of this sub-section, the expression “agriculturist” shall include any person and
his heirs whose land has been acquired for a public purpose and who as a result of such acquisition has been
rendered landless from the date of such acquisition.
(1A) Where any condition subject to which permission to transfer was granted is contravened, then the
land in respect of which such permission was granted shall be liable to be forfeited in accordance with the
provisions of Section 84CC.
SECTION 84CC. - Disposal of land, transfer or acquisition of which is invalid for

breach of conditions. –
(1) Where the Collector suo motu or on an application made to him in this behalf has
reason to believe that there has been a breach of any of the conditions subject to
which permission to transfer land was granted under Section 63, he shall issue a notice and
hold an inquiry and after giving an opportunity of being heard to the person in whose
favour such transfer was made, decide whether there has been any breach of condition of
transfer, and on his holding in the affirmative, make an orderdeclaring the transfer to be invalid,
unless he holds that the breach was occasioned for reasons beyond the control of such person.
(2) On making an order under sub-section (1), the land shall stand forfeited and
transferred to, and shall vest without further assurance in, the State Government.
(3) The land vesting in the State Government - shall be disposed of by the Collector
to persons or bodies in the order given in Section 32P(2) or in such other manner as the State
Government may, by general or special order, direct; and
-----------the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of
the occupancy price in the manner provided in Section 32Q for the payment of encumbrances
out of the purchase price of the sale of land but
------------the right of the holder of such encumbrances to proceed against the person liable , for
enforcement of his right in any other manner shall not be affected.
(1B) Where permission is granted to any transfer of land under sub-section (1) any
subsequent transfer of such land shall also be subject to the provisions of sub-section (1).
(1C) Nothing in sub-section (1) shall apply to the land situated within the limits of a
I. Municipal Corporation or a
II. Municipal Council, or
III. within the jurisdiction of a Special Planning Authority or a
IV. New Town Development Authority appointed or constituted under the provisions of the
Maharashtra Regional and Town Planning Act, 1966 or
V. any other law for the time being in force, and
VI. also to any land allocated to residential, commercial, industrial or any other non-
agricultural use in the draft or final Regional plan or Town Planning Scheme, as the case
may be,
-----------------prepared under the Maharashtra Regional and Town Planning Act, 1966 or any
other law for the time being in force :

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Provided that, any transfer of land in favour of a person who is not an agriculturistfor
any non-agricultural use such as residential, commercial, industrial or any other non-
agricultural use, shall be subject to the condition that such land shall be put to such non-
agricultural use within a period of five years from the date of transfer, and due entry of such
condition shall be made in the Record of Rights of such land :
Provided also that, if the transferee, including subsequent transferee, if any, fails to
put the land to non-agricultural use permissible in the draft or final Development plan
or Regional plan or Town Planning Scheme, as the case may be, within a period of five years or,
Provided also that, if the original land holder fails to accept the offer to purchase the
said land within a period of ninety days from the date of receipt of such offer from the
Collector or having accepted such offer, fails to deposit with the Collector the required
amount within a further period of ninety days,------------------------such land shall be auctioned
for any use consistent with and permissible under the draft or final Development plan or
Regional plan or Town Planning Scheme, as the case may be;
----------and in both the cases, the defaulting transferee shall only be entitled to
compensation equal to the price at which such land had been purchased by him and the
Collector shall remit such compensation to the defaulting transferee within a period of ninety
days from the date of receipt of payment under the said auction :
Provided also that, if a person who is not an agriculturist fails to utilize the said land
for the non-agricultural use permissible in the draft or final Development plan or
Regional plan or Town Planning Scheme, as the case may be, fully or partly, and wants to
sell the same subsequently before the expiry of the total specified period of ten years,he
may, subject to the payment of non-utilization charges specified in the second proviso,
----------------------------------be permitted by the Collector to do so for any non-agricultural use
permissible in the draft or final Development plan or Regional plan or Town Planning Scheme,
as the case may be,
---------------------for the remaining period out of the specified period of ten years, from
the date of first transfer of the said land for such non-agricultural use, subject to the
condition that the transferee shall have to deposit transfer charges at the rate of
25% . of the market value of such land as per current Annual Statement of Rates.
SECTION 63-1A. - TRANSFER TO NON-AGRICULTURIST FOR BONA-FIDE INDUSTRIAL USE.
(1) It shall be lawful for a person to sell land, without permission of the Collector, to any person who
 is or is not an agriculturist and
 who intends to convert the same to a bona fide industrial use or for Integrated Township Projects,
---------as the case may be, where such land is located within,––
(i) the agricultural zone of a draft or Final Regional Planor draft or Final Town Planning Scheme, as the case
may be, prepared under the Maharashtra Regional and Town Planning Act, 1966 or any other law for the
time being in force, and plans or schemes and the development control regulations or rules framed under
such Act or any of such laws for the time being in force permit industrial use of land; or
(ii) the area where no such plan or scheme as aforesaid exists or :

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(iii) the area taken over by a private developer for development of an Integrated Township Project
Provided that, where such purchase of land is for bona fide industrial use, it shall be subject to the
condition that such land shall be put to bana fide industrial use within a period of five years from the date of
purchase :
Provided further that, after the expiry of the aforesaid period of five years, an extension of time not
exceeding further five years may be granted by the Collector on payment of non-utilization charges at the
rate of two per cent of the market valueof such land per annum, where such market value is calculated as per
the Annual Statement or Rates published under the Bombay Stamp (Determination of True Market Value of
Property) Rules, 1995, as applicable on the date of grant of such extension of time :
Provided also that, if the purchaser fails to put the land to bonafide industrial use within a period of five
years or, where non-utilization charges as aforesaid have been paid, within a total period of ten years ,
------------------------then the after giving one month’s notice to the said defaulting purchaser, the land so
resumed by the Collector shall vest in the Government, free from all encumbrances, and
----------shall first be offered to the original land holderby way of grant, on the same tenure on which it was
initially held by such land holder before its sale for such bona fide industrial use and at the same price at which it
had been sold by the original land holder for such bona fide industrial use.
Provided also that, if the original land holder fails to accept the offer to purchase the said land within a
period of ninety days from the date of receipt of such offer from the Collector or having accepted such offer,
fails to deposit with the Collector the required amount within a further period of ninety days,
-----------------------------------such land shall be auctioned for any use consistent with and permissible under the
Development plan or Regional plan or Town Planning Scheme, as the case may be, if any, sanctioned under the
Maharashtra Regional and Town Planning Act, 1966 or any other law for the time being in force; and in both the
cases,----------------the defaulting purchaser shall only be entitled to compensation equal to the price at
which such land had been purchased by him, and
-----------------the Collector shall remit such compensation to the defaulting purchaser within a period of
ninety days from the date of receipt of payment under the said auction :
Provided also that, the purchaser who fails to put the land to bona-fide industrial use within five years
from the date of the purchase, and is on the date of coming into force of the Maharashtra Tenancy and
Agricultural Lands Laws (Amendment) Act, 2004 holding such land without having been put to the bona-fide
industrial use, shall be permitted to put such land to the bona-fide industrial use within the remaining period
from the total period of fifteen years, subject to the condition that,
(a) If the land purchased under sub-section (1) was held by the seller as the Occupant Class-II, such
purchaser land holder shall pay an additional amount equal to 48 per cent . of the price for which it was
originally purchased and three times of an annual assessment of non-agricultural tax payable under the
Maharashtra Land Revenue Code, 1966 as a non-utilization tax per year;
(b) If the land purchased under sub-section (1) was held by the seller as the Occupant Class-I, such
purchaser land holder shall pay an amount equal to three times of an annual-assessment of the non-
agricultural tax payable under the Maharashtra Land Revenue Code, 1966 as a non-utilisation tax per year :

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Provided also that the provisions of this sub-section shall not apply to the areas notified as the Eco-
sensitive zone by the Government of India;
Provided also that, where the land being sold is owned by a person belonging to the Scheduled Tribe, such sale of
land shall be subject to the provisions of Sections 36 and 36A of the Maharashtra Land Revenue Code, 1966 and of
the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
(2) If, the land being purchased under sub-section (1) is held by Occupant Class II, the purchaser shall
pay to the Collector, an amount equal to two per cent. of the purchase price, in case the purchase of land
is for bona-fide industrial use and fifty per cent. of the purchase if the purchase of land is for for Integrated
Township Project within one month of the execution of the sale-deed irrespective of the tenure of such land. This
payment shall be in lieu of any nazarana or such other charges which may otherwise be payable by such
Occupant-Class II by or under the provisions of the Maharashtra Land Revenue Code, 1966.
In addition, the purchaser of such land shall pay the non-agricultural assessment as may be levied by the
Collector under Sections 67 and 115 of the Maharashtra Land Revenue Code, 1966 :
SECTION 67 - MANNER OF ASSESSMENT AND ALTERATION OF ASSESSMENT
(1) The land revenue leviable on any land under the provisions of this Code shall be assessed, or shall be
deemed to have been assessed, as the case may be, with reference to the use of the land,––
(a) for the purpose of agriculture, (b) for the purpose of residence,
(c) for the purpose of industry, (d) for the purpose of commerce,
(e) for any other purpose.
(2) Where land assessed to agriculture is used for non-agricultural purposes or vice versa or being
assessed to one non-agricultural use is used for another non-agricultural purpose, then the assessment fixed
under the provisions of this Code upon such land shall, notwithstanding that the term for which such assessment
may have been fixed has not expired, be liable to be altered and assessed at a rate provided for under this Code in
accordance with the purpose for which it is used or is permitted to be used.
(3) Where land held free of assessment on condition of being used for any purpose is used at any time for
any other purpose, it shall be liable to assessment.
SECTION 115 - DATE OF COMMENCEMENT OF NON-AGRICULTURAL ASSESSMENT.
Except as otherwise directed by the State Government in the case of co-operative societies and housing boards
established under any law for the time being in force in this State, the non-agricultural assessment shall be
levied with effect from the date on which any land is actually used for a non-agricultural purpose.
Provided that, if such purchaser fails to deposit such amount within one month, then such purchaser shall
pay to the Government an amount equal to 75% of the purchase price or the market value of the land as per the
Annual Statement of Rates of that year, whichever is higher.
(3) The person purchasing the land under sub-section (1) for conversion thereof for a bona fide industrial use,
or for Integrated Township Project, as the case may be] give intimation of the date, on which the change of user of
the land commenced, within thirty daysfrom such date, to the collector.

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(4) If the person fails to inform the Collector within the period specified in sub-section (3), ---------------he
shall be liable to pay in addition to the non-agricultural assessment which may be leviable by / under the
provisions of the Maharashtra Land Revenue Code, 1966 such penalty not exceeding twenty times the amount of
non-agricultural assessment as the Collector may, subject to the rules, if any, made by the State Government in
this behalf, direct.
(5) If the person purchasing the land under sub-section (1) for conversion thereof for a bona fide
industrial use, fails to utilize the said land for bona fide industrial use, fully or partly, and wants to sell the
same before the expiry of the total specified period of ten years, he may, subject to the payment of non-utilization
charges -------------------- be permitted by the Collector to do so for the remaining period out of the specified period
of ten years from the date of original purchase, subject to the following conditions, namely :––
(i) where the said land is to be sold for bona fide industrial use, the transferor shall have to deposit with
the Collector the transfer charges at the rate of twenty-five per cent. of the market value of such land as per
the current Annual Statement of Rates;
(ii) where the said land is to be sold for any non-agricultural purpose other than the bona fide
industrial use, which is consistent with the draft or final Development plan or Regional plan or
Town Planning Scheme, if any, made under the Maharashtra Regional and Town Planning Act, 1966 or any
other law for the time being in force, -------------------the transferor shall have to deposit with the Collector
conversion charges equal to fifty per cent. of the market value of such land as per the current Annual
Statement of Rates and in case of Occupant Class-II land, an additional amount equal to forty-eight per cent. of
the price at which such land was originally purchased, in lieu of the nazarana.
(iii) where the said land is to be sold for any non-agricultural purpose other than the bona fide
industrial use, which is consistent with the draft or final Development plan or Regional plan or
TownPlanning Scheme, if any, made under the Maharashtra Regional and Town Planning Act, 1966 or any
other law for the time being in force,
------------------------the transferor shall have to deposit with the Collector conversion charges equal to fifty
per cent. of the market value of such land as per the current Annual Statement of Rates and in case of
Occupant Class-II land, an additional amount equal to forty-eight per cent. of the price at which such land
was originally purchased, in lieu of the nazarana.
SECTION 63A. - REASONABLE PRICE OF LANDFOR THE PURPOSEOF ITS SALE AND PURCHASE.
(1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions
of this Act shall consist of the following amounts, namely :–
(a) an amount not being less than 20 times the assessment levied or leviable in respect of the land
and not being more than 200 times such assessment excluding, however, for the purpose of calculation, the
amount of water rate, if any, levied under Section 55 of the Bombay Land Revenue Code, 1879 and included
in such assessment;
Section 55 of the Bombay Land Revenue Code, 1879 - An occupant may relinquish his land, that is,
resign, in favour of the State Government, but subject to any rights, tenures, encumbrances or equities
lawfully subsisting in favour of any person other than the Government or the occupant, by giving notice in
writing to the Tahsildar not less than thirty days before the date of commencement of the agricultural year,
and thereupon, he shall cease to be an occupant from the agricultural year next following such date :

lOMoARcPSD|18208158
Provided that, no portion of land which is less in extent than a whole survey number or sub-division of a
survey number may be relinquished.
(b) the value of any structures, wells and embankments, constructed, permanent fixtures made and
trees planted on the land
(2) Where under the provisions of this Act any land is sold or purchased by mutual agreement , such
agreement shall be registered before the Mamlatdar, and the price of the land shall, subject to the limits specified
in sub-section (1), -------------------be such as may be mutually agreed upon by the parties.
In the case of disagreement between the parties, the price shall be determined by the Tribunal having regard to
the factors mentioned in this section.
(3) Where in the case of a sale or purchase of any land under this Act, the Tribunal or the Mamlatdar----
has to fix the price of such land under this Act, the Tribunal or the Mamlatdar, as the case may be, shall,
subject to the quantum specified in subsection (1), fix the price having regard to the following factors, namely :–
(a) the rental values of lands used for similar purposes in the locality;
(b) the structures and wells constructed and permanent fixtures made and trees planted, on the land by the
landlord or tenant;
(c) the profits of agriculture of similar lands in the locality;
(d) the prices of crops and commodities in the locality;
(e) the improvements made in the land by the landlord or the tenant;
(f) the assessment payable in respect of the land; and
(g) such other factors as may be prescribed.
SECTION 64. - SALE OF AGRICULTURAL LAND TO PARTICULAR PERSON.
(1) Where a landlord intends to sell any land, he shall apply to the Tribunal for determining the reasonable
price thereof.
The Tribunal shall thereupon determine the reasonable price of the land in accordance with the
provisions of Section 63A.
The Tribunal shall also direct that the price shall be payable either in lump sum or in annual installmentsnot
exceeding six carrying simple interest at 1/2 per cent. per annum :
Provided that, in the case of sale of the land in favour of a permanent tenant when he is in possession
thereof, the price shall be at six times the annual rent.
(2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the
prescribed manner make an offer–
(a) in the case of agricultural land,–

(i) to the tenant in actual possession thereof, notwithstanding the fact that such land is a fragment;
and
(ii) to all persons and bodies mentioned in the priority list;

lOMoARcPSD|18208158
(b) in the case of a dwelling house, or a site of a dwelling house or land appurtenant to such house when
such dwelling house, site or land is not used or is not necessary to carry on agricultural operations in the
adjoining lands––
(i) to the tenant thereof;
(ii) to the person residing in the village who is not in possession of any dwelling house :
Provided that if there are more than one such person the offer shall be made to such person or persons and
in such order of priority as the Collector may determine in this behalf having regard to the needs of the following
persons, namely :–
(i) an agricultural labourer,
(ii) a artisan,
(iii) a person carrying on an allied pursuit,
(iv) any other person in the village.
(3) The persons to whom such offers are made shall intimate to the landlord within one month from the date of
receipt of the offer whether they are willing to purchase the land at the price fixed by the Tribunal.
(4)
(a) If only one person intimates to the landlord under sub-section (3) his willingness to accept the offer made
to him by the landlord under Sub-section (2), ------------------the landlord shall call upon such person by a
notice in writing in the prescribed form to pay him amount of the reasonable price determined by the Tribunal
or to deposit the same with the Tribunal within one month or such further period as the landlord may consider
reasonable from the date of receipt of the notice by such person.
(b) If more than one person intimate to the landlord under sub-section (3) their willingness to accept the
offers made to them by the landlord under Sub-section (2), ---------------------the landlord shall call upon by a
notice in writing in the prescribed form the person having the highest priority in the order of priority given in
Sub-section (2) to pay him the amount of the reasonable price determined by the Tribunal or to deposit the same
with the Tribunal within one month or such further period as the landlord may consider reasonable from the date
of receipt of the notice by such person.
(5) If the person to whom a notice is given by the landlord under sub-section (4) fails to pay the amount of
the reasonable price to the landlord or to deposit the same with the Tribunal within the period referred to in Sub-
section (4) such person shall be deemed to be not willing to purchase the land and the landlord shall call upon in
the manner provided in sub-section (4) the person who stands next highest in the order of priority and who has
intimated his willingness to the landlord under sub-section (3).
(6) If any dispute arises under this section regarding–

(a) the offer made by the landlord under sub-section (2), or
(b) the notice given by the landlord under sub-sections (4) or (5), or
(c) the payment or deposit of the reasonable price, or
(d) the execution of the sale-deed,
-----------such dispute shall be decided by the Tribunal.
(7) Notwithstanding anything contained in the foregoing provisions of this section a landlord may after obtaining
the previous permission of the Tribunal as provided in the next succeeding clause

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(a) Sell any land notwithstanding the fact that such land is a fragment to the tenant in actual
possession thereof at a price mutully agreed upon between him and the tenant subject to the provisions of
section 63A.
(b) The landlord shall make an application in writing to the Tribunal for permission to sell the land
at such price. On receipt of the application, the Tribunal shall grant the permission if, on holding an inquiry,
it is satisfied that the price has been agreed to voluntarily by the tenant.
(8) Any sale made in contravention of this section shall be invalid.
(9) If a tenant refuses or fails to purchase the land or a dwelling house offered to him under this section,
and the land or the dwelling house, as the case may be, is sold to any other person under this section, the landlord
shall be entitled to evict such tenant and put the purchaser in possession.
SECTION 64A.- EXEMPTION TO SALES BY OR IN FAVOUR OF CO-OPERATIVE SOCIETIES
Nothing in Sections 63 and 64 shall apply to sales effected by or in favour of a co-operative society under the
Bombay Co-operative Societies Act, 1925.
Section 63. Cognizance of offences.– No court shall take cognizance of any offence punishable under this Act
except on a complaint in writing made by the Registrar or by a person duly authorised, for the purpose, by him:
Provided that cognizance of an offence under sub-section (2) of section 62-A may be taken even otherwise than on
such complaint.
Section 64. Appeal.–An appeal against an order or decision of or sanctioned by the Registrar under Section 10,
16, 45, 47, 50, 50-A, 54 or Section 54-A(3)may be made by any party aggrieved or affected by the order or
decision to the Provincial Government within two months of the date of the communication of the order.
SECTION 65. - ASSUMPTION OF MANAGEMENT OFLANDS WHICH REMAINED UNCULTIVATED.
(1) If it appears to the StateGovernment that for any two consecutive years, any land has remained
uncultivated or the full and efficient use of the land has not been made for the purpose of agriculture,
through the default of the holder or any other cause whatsoever not beyond his control the State Government
may after making such inquiry as it thinks fit, declare that the management of such land shall be assumed. The
declaration so made shall be conclusive.
(2) On the assumption of the management, such land shall vest in the State Government during the
continuance of the management and the provisions of Chapter IV shall mutatis mutandis apply to the said land.
Provided that the Manager may in suitable cases give such land on lease at rent even equal to the amount of its
assessment :
Provided further that, if the management of the land has been assumed under sub-section (1) on account of
the default of the tenant, such tenant shall cease to have any right or privilege , in respect of such land, with
effect from the date on and from which such management has been assumed.

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SECTION 66. - ACQUISITION OF ESTATE OR LAND UNDER MANAGEMENT OR INTEREST THEREIN
(1) If at any time it appears to theState Government that any estate or land, the management of which
has been assumed under the provisions of this Act or the interest of any other person in such estate or
land should in the public interest, be compulsorily acquired, it shall be lawful for the State Government to
publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that
the estate, land or interest is needed to be acquired in public interest.
(2) On the publication of the notification, the Collector shall cause publicity to be given to it at convenient
places in the locality and also give notices to the holder of the estate, land or interest and to all persons known or
believed to be interested therein.
(3) The Collector shall then make an inquiry in the prescribed manner to determine the value of the estate,
land or interest which has been acquired.
For the said purpose the Collector shall have the same powers as are vested in courts, in respect of the
following matters under the Code of Civil Procedure, 1908, in trying a suit :––
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath; and
(c) compelling the production of documents.
(4) In determining the value of the estate/land the Collector shall take into consideration––
(a) the assessment payable in respect of the estate or land;
(b) the profits of agriculture and cultivation of the estate or land and of similar estates and lands in the
locality;
(c) the price of crops and commodities in the locality;
(d) exemption from assessment and other privileges enjoyed by the holder and other persons interested in
respect of the land, estate and interest;
(e) any other matter which may be prescribed.
(5) After determining the value of the estate, land or interest the Collector shall make an award which shall
contain––
(a) the particulars of the estate, land or interest,
(b) the compensation which in his opinion should be allowed for the land,
(c) the apportionment of the compensation among all persons known, or believed to be interested.
(6) Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and
conclusive evidence as between the Collector and persons interested whether they have respectively appeared
before the Collector or not all the particulars including area and value of the estate, land or interest and the
apportionment of compensation.
(7) When the Collector has made an award, the estate, land or interest therein shall vest in Government free
from all encumbrances.

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(2) MAHARASHTRA STAMP ACT 1958
Important Sections
Section 2 – Definitions - “a) Clearance list” b) Collector” c) Conveyance”, d) Impressed stamp, e)

Instrument” f) Immoveable property g) Lease” h) Public officer
Sections – 3, 4, 7, 9, 10, 12, 18, 25, 31, 32, 39, 40, 44, 58, 59, 63, 67 67A, 67, 68.
CHAPTER I - PRELIMINARY
SECTION 1. - SHORT TITLE,EXTENT &COMMENCEMENT.
(1) This Act may be called the Maharashtra Stamp Act.

(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette,
direct.
SECTION 2. - DEFINITIONS.
In this Act, unless there is anything repugnant in the subject or context,—
(a)“Association”means any association, exchange, organization or body of individuals, whether

incorporated or not, established for the purpose of regulating and controlling business of the sale or purchase of,
or other transaction relating to, any goods or marketable securities ;
(aa)“Additional Controller of Stamps, Mumbai”means the officer or officers so designated by the State
Government and includes any other officer whom the State Government may, by notification in the Official
Gazette, appoint in this behalf ;
(b) “Banker”means an association, a company or a person who accepts, for the purpose of lending o
investment, deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque,
draft, order or otherwise ;

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(c)“Bond ”includes,—
(i) any instrument whereby a person obliges himself to pay money to another, on condition that obligation
shall be void if a specified act is performed, or is not performed, as the case may be ;
(ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges
himself to pay money to another ; and
(iii) any instrument so attested whereby a person, obliges himself to deliver grain or other agricultural
produce to another ;
Explanation.—For the purposes of this clause, "attested", in relation to an instrument, meansattested by

one or more witnesses each of whom
 has seen the executant sign or affix his mark to the instrument, or
 has seen some other person sign the instrument in the presence and by the direction of the executant, or
 has received from the executant a personal acknowledgment of his signature or mark or of the signature
of such other person, and
 each of whom has signed the instrument in the presence of the executant ;
-------------------but it shall not be necessary that more than one of such witnesses shall have been present at the
same time, and no particular form of attestation shall be necessary ;
(d)“Chargeable” means, as applied to an instrument executed or first executed after the commencement of this
Act, chargeable under this Act and as applied to any other instruments, chargeable under the law in force in the
State when such instrument was executed or, where several persons executed the instrument at different times,
first executed ;
(dd)“Chief Controlling Revenue Authority” means such officer as the State Government may, by notification in
the Official Gazette, appoint in this behalf for the whole or any part of the State of Maharashtra
(e)“Clearance list” means a list of transactions relating to contracts required to be submitted to the clearing
house of an association in accordance with the rules or bye-laws of the association :
Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains
the following declaration signed by the person dealing in such transaction or on his behalf by a properly
constituted attorney, namely :—
“ I/We hereby solemnly declare that the above list contains a complete and true statement of my/our
transactions including crossed out transactions and transactions required to be submitted to the
clearing house in accordance with the rules/bye-laws of the association]. I/We further declare that no
transaction for which an exemption is claimed under Article 5 or Article 43 in Schedule I to *the Bombay
Stamp Act, 1958, as the case may be, is omitted. ”.
(f)“ Collector”means the Chief Officer in charge of the revenue administration of a district, and includes
any officer whom the State Government may, by notification in the Official Gazette, appoint in this
behalf ; and on whom any or all the powers of the Collector under this Act are conferred by the same
notification or any other like notification ;
(g)“Conveyance” includes,—

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(i) a conveyance on sale

(ii) every instrument,
(iii) every decree or final order of any Civil Court,
(iv) every order made by the High Court under Section 394 of the Companies Act, 1956 or every order
made by the National Company Law Tribunal under Sections 230 to 234 of the Companies Act, 2013 or
every confirmation issued by the Central Government under Section 233(3) of the Companies Act, 2013, in
respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies (including
subsidiaries of parent company) -and
(v) every order of the Reserve Bank of India under Section 44A of the Banking Regulation Act, 1949 in
respect of amalgamation or reconstruction of Banking Companies ;
---------------by which property, whether moveable or immoveable, or any estate or interest in any property is
transferred to, or vested in, any other person, inter vivos and which is not otherwise specifically provided for by
Schedule I
Explanation.—An instrument whereby a co-owner of any property transfers his interest to another co-owner of
the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an
instrument by which property is transferred inter vivos ;
(ga)“Deputy Inspector General of Registration and Deputy Controller of Stamps ”means the officer or
officers so designated by the State Government may, by notification in the Official Gazette, appoint in this behalf ;
(h)“Duly stamped”as applied to an instrument means that the instrument bears an adhesive or
impressed stamp of not less than the proper amount and that such stamp has been affixed or used in
accordance with the law for the time being in force in the state ;
(i)“Executed”and “Execution”used with reference to instruments, mean “ signed ” and “signature”

Explanation.—The terms “ signed ” and “ signature ” also include attribution of electronic record as per section 11
of the Information Technology Act, 2000 ;
(ja)“Immoveable property” includes land, benefits to arise out of land, and things attached to the earth, or
permanently fastened to anything attached to the earth
(k)“ Impressed stamp ” includes,—

(i) labels affixed and impressed by the proper officer ;
(ii) stamps embossed or engraved on stamped paper ;
(iii) impression by franking machine ;
(iv) impression by any such machine as the State Government may, by notification in the Official Gazette,
specify ;
(v) receipt of e-payment ;
(l) “Instrument”includes every document by which any right or liability is, or purports to be, created,
transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque,
promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt ;

lOMoARcPSD|18208158
Explanation.—The term “document” also includes any electronic record as defined in clause (t) of sub-section (1)
of Section 2 of the Information Technology Act, 2000 ;
(la)“Instrument of gift”includes, where the gift is of any moveable or immoveable property but has not been
made in writing, any instrument recording whether by way of declaration or otherwise the making or acceptance
of such oral gift ;
(m)“Instrument of partition” means any instrument whereby co-owners of any property divide or agree to
divide such property in severalty and includes,—
(i) a final order for effecting a partition passed by any revenue authority or any civil court,
(ii) an award by an arbitrator directing a partition, and
(iii) when any partition is effected without executing any such instrument, any instrument or instruments
signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the
terms of such partition amongst the co-owners ;
(n)“Lease”means a lease of immovable property, 6[or moveable (or both)] and includes also,—
(i) a Patta ;
(ii) a Kabulayat, or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy
or pay or deliver rent for immovable property ;
(iii) any instrument by which tolls of any description are let ;
(iv) any writing on an application for a lease intended to signify that the application is granted
(v) a decree or final order of any Civil Court in respect of lease :
Provided that, where subsequently an instrument of lease is executed in pursuance of such decree or order, the
stamp duty, if any, already paid and recovered on such decree or order shall be adjusted towards the total duty
leviable on such instrument;
(na)“Market value”in relation to any property which is the subject matter of an instrument, means the price
which such property would have fetched if sold in open market on the date of execution of such instrument or the
consideration stated in the instrument, whichever is higher;
(o)“Marketable security” means a security of such description as to be capable of being sold in any stock
market in India,
(p)“Mortgage deed”includes every instrument whereby, for the purpose of securing money advanced, or to be
advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person
transfers or creates to, or in favour of, another, a right over or in respect of specified property ;
(pa)“Moveable property”includes standing timber, growing crops and grass, fruit upon and juice in trees and
property of every other description, except immoveable property, by which any right or liability is or is purported
to be created, transferred, limited, extended, extinguished or recorded
(r) “Power of attorney” includes ------------------any instrument (not chargeable with a fee under the law
relating to court-fees for the time being in force) empowering a specified person to act for and in the name of
the person executing it and includes---------------an instrument by which a person, not being a person who is

lOMoARcPSD|18208158
a legal practitioner, is authorised to appear on behalf of any party in any proceeding before any court,
Tribunal or authority
(ra)“Public officer “means a public officer as defined in clause (17) of section 2 of the Code of Civil Procedure,
1908 ;
Public officer” means a public officer as defined in of Section 2 clause (17) of the Code of Civil Procedure, 1908 ;
Section 2 (17) of Civil Procedure, 1908 " Public Officer " means a person falling under any of the following
descriptions, namely:-
(a) every Judge;
(b) every member of the Indian Civil Service;
(c) every commissioned or gazetted officer in the military, naval or air forces of the Union
(d) every officer of a Court of Justice whose duty it is, as such officer, -
i).to investigate or report on any matter of law or fact, or
ii).to make, authenticate or keep any document, or
iii.)to take charge or dispose of any property, or
iv).to execute any judicial process, or to administer any oath, or to interpret, or
v).to preserve order, in the Court, and every person especially authorized by a Court of Justice to perform
any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any person in
confinement;
(f) every officer of the Government whose duty it is, as such officer,
i.)to prevent offences, to give information of offences,
ii.)to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, -

i.)to take, receive, keep or expend any property on behalf of the Government, or
ii).to make any survey, assessment or contract on behalf of the Government, or
iii)to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary
interests of the Government or
iv.) to make, authenticate or keep any document relating to the pecuniary interests of the Government, or
(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the
performance of any public duty:

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CHART OF DEFINITIONS IN SECTION 2 OF MAHARASHTRA STAMP ACT 1958
SECTION 2 CLAUSE DEFINITION
“Association”means any association, exchange, organization or body of

individuals, whether incorporated or not, established ----------for the purpose of
(a) regulating and controlling business of the sale or purchase of, or other transaction
relating to, any goods or marketable securities ;
“Additional Controller of Stamps, Mumbai”means the officer or officers so

(aa) designated by the State Government and includes any other officer whom the
State Government may, by notification in the Official Gazette, appoint in this behalf ;
“Banker”means an association, a company or a personwho accepts, for the
(b) purpose of lending or investment, deposits of money from the public, repayable on
demand or otherwise and withdrawable by cheque, draft, order or otherwise ;
“Bond ”includes,—
(i) any instrument whereby a person obliges himself to pay money to another,
on condition that obligation shall be void if a specified act is performed, or is not
performed, as the case may be ;
(c)
(ii) any instrument attested by a witness and not payable to order or bearer,
whereby a person obliges himself to pay money to another ; and
(iii) any instrument so attested whereby a person, obliges himself to deliver
grain or other agricultural produce to another ;
Explanation.—For the purposes of this clause, "attested", in relation to an
instrument, meansattested by one or more witnesses each of whom -
 has seen the executant sign or affix his mark to the instrument, or
 has seen some other person sign the instrument in the presence and by the direction
of the executant, or
 has received from the executant a personal acknowledgment of his signature or
mark or of the signature of such other person, and

lOMoARcPSD|18208158
 each of whom has signed the instrument in the presence of the executant ;
------------------but it shall not be necessary that more than one of such witnesses shall
have been present at the same time, and no particular form of attestation shall be
necessary ;
“Chargeable ” means, as applied to an instrument executed or first executed after the

(d) commencement of this Act, chargeable under this Act and as applied to any other
instruments, chargeable under the law in force in the State when such instrument
was executed or, where several persons executed the instrument at different times, first
executed ;
“Chief Controlling Revenue Authority” means such officer as the State

(dd)
Government may, by notification in the Official Gazette, appoint in this behalf for the
whole or any part of the State of Maharashtra
“Clearance list” means a list of transactions relating to contracts required to be

submitted to the clearing house of an association in accordance with the rules or bye-
(e) laws of the association :
Provided that no instrument shall, for the purposes of this Act, be deemed to be a
clearance list unless it contains the following declaration signed by the person dealing
in such transaction or on his behalf by a properly constituted attorney, namely :—
“ I/We hereby solemnly declare that the above list contains a
complete and true statement of my/our transactions including
crossed out transactions and transactions required to be submitted to
the clearing house in accordance with the rules/bye-laws of the
association].
I/We further declare that no transaction for which an exemption is

claimed under Article 5 or Article 43 in Schedule I to *the Bombay
Stamp Act, 1958, as the case may be, is omitted. ”.
“ Collector”means the Chief Officer in charge of the revenue administration of a

(f) district, and includes any officer whom the State Government may, by
notification in the Official Gazette, appoint in this behalf ; and on whom any or
all the powers of the Collector under this Act are conferred by the same
notification or any other like notification ;
“Conveyance” includes,—
(i) a conveyance on sale
(ii) every instrument,
(iii) every decree or final order of any Civil Court,
(iv) every order made by the High Court under Section 394 of the Companies Act,

lOMoARcPSD|18208158
1956 or every order made by the National Company Law Tribunal under Sections 230
to 234 of the Companies Act, 2013 or every confirmation issued by the Central
Government under Section 233(3) of the Companies Act, 2013, in respect of the
amalgamation, merger, demerger, arrangement or reconstruction of companies -and
(v) every orderof the Reserve Bank of India under Section 44A of the Banking
(g) Regulation Act, 1949 in respect of amalgamation or reconstruction of Banking
Companies ; --------by which property, whether moveable or immoveable, or any estate
or interest in any property is transferred to, or vested in, any other person, inter vivos
and which is not otherwise specifically provided for by Schedule I.
Explanation.—An instrument whereby a co-owner of any property transfers his

interest to another co-owner of the property and which is not an instrument of
partition, shall, for the purposes of this clause, be deemed to be an instrument by which
property is transferred inter vivos
“Deputy Inspector General of Registration and Deputy Controller of Stamps

(ga)
”means the officer or officers so designated by the State Government may, by
notification in the Official Gazette, appoint in this behalf ;
“Duly stamped”as applied to an instrument means that the instrument bears an

(h) adhesive or impressed stamp of not less than the proper amount and that such stamp
has been affixed or used in accordance with the law for the time being in force in the
state ;
“Executed”and “Execution”used with reference to instruments, mean “ signed ” and

(i) “signature”
Explanation.—The terms “ signed ” and “ signature ” also include attribution of
electronic record as per section 11 of the Information Technology Act, 2000 ;
(ja) “Immoveable property” includes land, benefits to arise out of land, and things
attached to the earth, or permanently fastened to anything attached to the earth
“ Impressed stamp ” includes,—

(i) labels affixed and impressed by the proper officer ;
(k)
(ii) stamps embossed or engraved on stamped paper ;
(iii) impression by franking machine ;
(iv) impression by any such machine as the State Government may, by notification in
the Official Gazette, specify ;
(v) receipt of e-payment ;
“Instrument”includes every document by which any right or liability is, or purports to

be, created, transferred, limited, extended, extinguished or recorded, but does not
(l) include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy
of insurance, transfer of share, debenture, proxy and receipt ;

lOMoARcPSD|18208158
Explanation.—The term “document” also includes any electronic record as defined

Section 2(1)(t) of the Information Technology Act, 2000 ;
“Instrument of gift”includes, where the gift is of any moveable or immoveable

(la) property but has not been made in writing, any instrument recording whether by way
of declaration or otherwise the making or acceptance of such oral gift ;
“Instrument of partition” means any instrument whereby co-owners of any

property divide or agree to divide such property in severalty and includes,—
(i) a final order for effecting a partition passed by any revenue authority or any civil
(m) court,
(ii) an award by an arbitrator directing a partition, and
(iii) when any partition is effected without executing any such instrument,
any instrument or instruments signed by the co-owners and recording, whether by
way of declaration of such partition or otherwise, the terms of such partition
amongst the co-owners ;
(n) “Lease” means a lease of immovable property, or moveable (or both) and includes
also,—
(i) a Patta ;
(ii) a Kabulayat, or other undertaking in writing, not being a counterpart of a
lease to cultivate, occupy or pay or deliver rent for immovable property ;
(iii) any instrument by which tolls of any description are let ;
(iv) any writing on an application for a lease intended to signify that the application
is granted
(v) a decree or final order of any Civil Court in respect of lease :
Provided that, where subsequently an instrument of lease is executed in

pursuance of such decree or order, the stamp duty, if any, already paid and recovered
on such decree or order shall be adjusted towards the total duty leviable on such
instrument;
“Market value” in relation to any property which is the subject matter of an

(na) instrument, means the price which such property would have fetched if sold in
open market on the date of execution of such instrument or the consideration
stated in the instrument, whichever is higher;
“Marketable security” means a security of such description as to be capable of
(o)
being sold in any stock market in India,

lOMoARcPSD|18208158
“Mortgage deed”includes every instrument whereby, for the purpose of securing

(p) money advanced, / to be advanced, by way of loan, or an existing / future debt, or the
performance of an engagement, one person transfers or creates to, or in favour of,
another, a right over or in respect of specified property ;
“Moveable property”includes standing timber, growing crops and grass, fruit

(pa)
upon and juice in trees and property of every other description, except immoveable
property, by which any right or liability is or is purported to be created, transferred,
limited, extended, extinguished or recorded
“Power of attorney” includes ------------------any instrument (not chargeable with a

(r) fee under the law relating to court-fees for the time being in force) empowering a
specified person to act for and in the name of the person executing it and
includes---------------an instrument by which a person, not being a person who is a
legal practitioner, is authorised to appear on behalf of any party in any proceeding
before any court, Tribunal or authority
“Public officer”means a public officer as defined in of Section 2 clause (17) of the Code
of Civil Procedure, 1908 ;
(ra)
Section 2 (17) of Civil Procedure, 1908 " Public Officer " means a person falling
under any of the following descriptions, namely:-
(a) every Judge;
(b) every member of the Indian Civil Service;
(c) every commissioned or gazetted officer in the military, naval or air forces of the
Union
(d) every officer of a Court of Justice whose duty it is, as such officer, -
i. to investigate or report on any matter of law or fact, or
ii. to make, authenticate or keep any document, or
iii. to take charge or dispose of any property, or
iv. to execute any judicial process, or to administer any oath, or to interpret, or
v. to preserve order, in the Court, and every person especially authorized by a Court
of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place
or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer,
i. to prevent offences, to give information of offences,
ii. to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, -

lOMoARcPSD|18208158
i. to take, receive, keep or expend any property on behalf of the Government, or
ii. to make any survey, assessment or contract on behalf of the Government, or
iii. to execute any revenue-process, or to investigate, or to report on, any matter

affecting the pecuniary interests of the Government or
iv. to make, authenticate or keep any docum ent relating to the pecuniary interests of
the Government, or
(h) every officer in the service or pay of the Government, or remunerated by fees or
commission for the performance of any public duty:
CHAPTER II - STAMP DUTIES

(A) OF THE LIABILITY OF INSTRUMENTS TO DUTY
SECTION 3. - INSTRUMENTS CHARGEABLE WITH DUTY
The following instruments shall be chargeable with duty of the amount indicated in Schedule I as the
proper duty therefore respectively, that is to say—
(a) every instrument mentioned in Schedule I, which, not having been previously executed by any
person, is executed in the State on or after the date of commencement of this Act ;
(b) every instrument mentioned in Schedule I, which, not having been previously executed by any
person, is executed out of the State on or after the said date, relates to any property situate, or to any
matter or thing done or to be done in this State and is received in this State :
Provided that a copy or extract, whether certified to be a true copy or not and whether a fascimile image or
otherwise of the original instrument on which stamp duty is chargeable under the provisions of this
section, shall be chargeable with full stamp duty indicated in the Schedule I if the proper duty payable on such
original instrument is not paid:
Provided further that no duty shall be chargeable in respect of—
(1) any instrument executed by or on behalf of, or in favour of, the Government in cases where, but for this
exemption, the Government would be liable to pay the duty chargeable in respect of such instrument or where the
Government has undertaken to bear the expenses towards the payment of the duty.

lOMoARcPSD|18208158
(2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or
otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered
under the Bombay Coasting Vessels Act, 1838, or Merchant Shipping Act, 1958.
SECTION 4 - SEVERAL INSTRUMENTS USED IN SINGLE TRANSACTION OF DEVELOPMENT AGREEMENT,

SALE, LEASE, MORTGAGE OR SETTLEMENT.
(1) Where, in the case of any development agreement, sale, lease, mortgage or settlement, several
instruments are employed for completing the transaction, the principal instrument only shall be
chargeable with the duty prescribed in Schedule I for the conveyance, development agreement,] lease, mortgage
or settlement, and each of the other instruments shall be chargeable with a duty of one hundred rupees] instead
of the duty (if any) prescribed for it in that Schedule.
(2) The parties may determine for themselves which of the instruments so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument.
(3) If the parties fail to determine the principal instrument between themselves, then the officer before whom the
instrument is produced may, for the purposes of this section, determine the principal instrument.
Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be
chargeable in respect of any of the said instruments employed.
SECTION 5. - INSTRUMENTS RELATING TO SEVERAL DISTINCT MATTERS.
Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount
of the duties with which separate instruments, each comprising or relating to one of such matters, would be
chargeable under this Act.
SECTION 7. - PAYMENT OF HIGHER DUTY IN RESPECT OF CERTAIN INSTRUMENTS.
(1)Unless it is proved that the duty chargeable under this Act has been paid,—
(a) on the principal or original instrument, as the case may be, or
(b) in accordance with the provisions of this section, the duty chargeable on an instrument of sale,
mortgage or settlement, other than a principal instrument or on a counterpart, duplicate or copy of any
instrument shall, if the principal or original instrument would, -----------------when received in this State have
been chargeable under this Act with a higher rate of duty, be the duty with which the principal or original
instrument would have been chargeable under Section 19.
(2) No instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received
in evidence unless the duty chargeable under this section has been paid thereof :
Provided that any Court before which any such instrument, duplicate or copy is produced may permit the duty
chargeable under this section to be paid thereon and may then receive it in evidence.

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SECTION 8. - BONDS OR SECURITIES OTHER THAN DEBENTURES ISSUED ON LOANS UNDER ACT IX OF
1914 OR OTHER LAW.
(1) Any local authority raising a loan under the provisions of the Local Authorities Loans Act, 1914 or of any
other law for the time being in force, by the issue of bonds or securities other than debentures shall, in respect
of such loan, be chargeable with a duty of two per centum on the total amount of such bonds or
securities issued by it, and such bonds or securities need not be stamped, and shall not be chargeable with any
further duty on renewal, consolidation, sub-divison or otherwise.
(2) The provisions of sub-section (1) -------------- shall apply to the bonds or securities other than debentures of all
outstanding loans of the kind mentioned therein, and all such bonds or securities shall be valid, whether the same
are stamped or not
(3) In the case of willful neglect to pay the duty required by this section the local authority shall be liable to
forfeit to the State Government a sum equal to ten per centum upon the amount of duty payable, and a like
penalty for every month after the first month during which such neglect continues.
SECTION 9. - POWER TO REDUCE, REMIT OR COMPOUND DUTIES.
The State Government , if satisfied that it is necessary to do so in the public interest] may, by rule or order
published in the Official Gazette,—
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the
duties with which any instruments or any particular class of instruments or any of the instruments
belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by
or in favour of any members of such class, are chargeable, and
(b) provide for the composition or consolidation of duties in the case of issues by any incorporated company
or other body corporate of bonds or marketable securities other than debentures.
(B)—OF STAMPS AND THE MODE OF USING THEM.
SECTION 10. - DUTIES HOW TO BE PAID.
(1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable
shall be paid, and such payment shall be indicated on such instruments, by means of stamps,—
(a) according to the provisions herein contained ; or
(b) when no such provision is applicable thereto, as the State Government may, by rules, direct.
(2) The rules made under sub-section (1) may, among other matters, regulate,—
(a) in the case of each kind of instrument, the description of stamps which may be used ;
(b) in the case of instruments stamped with impressed stamps, the number of stamps which may be used.
(2-1A) From the date of coming into force of the Bombay Stamp (Amendment) Act, 2003,in the case of
instruments, stamped with impressed stamps,------------------such stamps shall bear the stamp and signature

lOMoARcPSD|18208158
with date, of the authorised officer of the Treasury, Sub-Treasury or the General Stamp Office in the State, or of the
proper officer appointed by the Chief Controlling Revenue Authority, Superintendent of Stamps or Collector of
Stamps in the State :
Provided that, the Chief Controlling Revenue Authority may, by notification in the Official Gazette, from the
specified date, do away with such requirement.
(2A) The Chief Controlling Revenue Authority may, subject to such conditions as he may deem fit to impose,
authorize use of franking machine or any other machine specified under Section 2(k)(iv), for making
impressions on instruments chargeable with duties to indicate payment of duties payable on such instruments.
(2B)
(a) Where the Chief Controlling Revenue Authority or the Superintendent of Stamps, Bombay when
authorised by the Chief Controlling Revenue Authority in this behalf, is satisfied that having regard to the
extent of instruments executed and the duty chargeable thereon, it is necessary in public interest to
authorise any person, body for organisation to such use of franking machine or any other machine, he may,
by order in writing authorise such person, body or organisation ;
(b) Every such authorisation shall be subject to such conditions, if any, as the Chief Controlling Revenue
Authority may, by any general or special order, specify in this behalf.
(2C) The procedure to regulate the use of franking machine or any other machine as so authorised shall be such
as the Chief Controlling Revenue Authority may, by order determine.
(3) Chief Controlling Revenue Authority, shall, by notification in the Official Gazette, specify the
instruments in Schedule I in respect of which the duties chargeable, as specified in column 2 of the said
Schedule shall be paid,—
(i) by means of a franking machine ;
(ii) by way of cash ;
(iii) by demand draft ;
(iv) by pay order ; or
(v) by e-payment, in any Government Treasury or Sub-Treasury or General Stamp Office or, as the case may
be, Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury) &such payment shall be indicated
on such instrument by endorsement to that effect made on the instrument by the proper officer duly
notified by the Chief Controlling Revenue Authority for this purpose.
(3A) The procedure to regulate the use of e-payment, through Government Receipt Accounting System
(G.R.A.S.) (Virtual Treasury) for payment of duty shall be such as the Chief Controlling Revenue Authority may by
an order determine.
(4) An impression made under Sections 32A(2) (2A)(2B)(3) on any instrument, shall have the same effect as
if the duty of an amount equal to the amount indicated in the impression or, as the case may be, stated in
the endorsement has been paid, in respect of, and such payment has been indicated on such instrument by means
of stamps, under sub-section (1).

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SECTION 10A. - DUTIES TO BE PAID IN CASH, BY DEMAND DRAFT OR BY PAY ORDER BY GOVERNMENT
CONTROLLED BODIES, INSURANCE COMPANIES AND BANKS
The State Government may, by notification in the Official Gazette, direct that, in case of the bodies owned
or controlled by the State or Central Government, Insurance Companies and Nationalised Banks, the
duty may be paid by their Head Office or Regional Office or Zonal Office by way of cash, or by demand draft or
by pay order, in any Government Treasury or Sub-Treasury or General Stamp Office, Mumbai and the proper
officer, not below the rank of Branch Manager, so notified by the Chief Controlling Revenue Authority, shall
make an endorsement on the instrument as follows :—
“Stamp duty of Rs............ paid in cash/by demand draft/pay order, vide Receipt/Challan No. .................. dated
the ................... ”.
[Signature of proper Officer.]
SECTUION 10B. - STOCK EXCHANGE, ETC., TO DEDUCT STAMP DUTY FROM TRADING MEMBER’S
ACCOUNT.
In case of transactions through stock exchange or an association as defined in Section 2(a) of the Forward
Contracts (Regulation) Act, 1952, ------------the stock exchange or, an association, shall collect the due
stamp duty by deducting the same from the trading member’s account at the time of settlement of such
transactions.
The stamp duty so collected shall be transferred to the Government Treasury, Sub-Treasury or General Stamp
Office in the manner specified by the Chief Controlling Revenue Authority.
Explanation.—For the purposes of this section, “ stock exchange ” means the stock exchange as defined in Section
2(j) of the Securities Contract (Regulation) Act, 1956.
Section 2(j) of the Securities Contract (Regulation) Act, 1956
“Stock exchange” means—
(a) any body of individuals, whether incorporated or not, constituted before corporatisation and
demutualisation under sections 4A and 4B, or
(b) a body corporate incorporated under the Companies Act, 1956 whether under a scheme of
corporatisation and demutualisation or otherwise, for the purpose of assisting, regulating or
controlling the business of buying, selling or dealing in securities;
SECTION 10C. - DUTIES TO BE PAID IN CASH, OR BY DEMAND DRAFT OR BY PAY ORDER BY NOTARY
Notwithstanding [ in spite of ] anything contained in Section 10, in case of the notary appointed under the
Notaries Act, 1952, for the whole or any part of the State of Maharashtra, -------------the duty payable for
performing the functions entrusted to him under any law for the time being in force, may be paid by him by
way of either
 cash, or
 by demand draft or

lOMoARcPSD|18208158
 by pay order,
in any Government Treasury or Sub-Treasury or General Stamp Office, Mumbai and the notary shall make an
endorsement on the instrument as follows, namely :—
Stamp duty of Rs ..................... paid *in cash/by demand draft/by pay order, vide * Receipt/Challan No. .....................,
dated the ....................., in * Government Treasury/Sub-Treasury Office at ................./the General Stamp Office,
Mumbai.
Seal of the notary. Signature of the notary with date.
SECTION 10D. - CERTAIN DEPARTMENTS, ORGANISATIONS, INSTITUTIONS, ETC., TO ENSURE PAYMENT

OF STAMP DUTY.
(1) The State Government may, by notification in the Official Gazette, direct that any State Government
Department, institution of local self-government, semi Government organization,
 banking or non-banking financial institution or
 the body owned, controlled or substantially financed by the State Government or
 any class of them,
-------------shall ensure that the proper duty is paid to the State Governmentthrough Government
Receipt Accounting System (G.R.A.S.) or by any other system of payment as may be notified by the State
Government in this behalf, in respect of such instruments, as may be specified in the notification in which such
Department or body, etc., is a party or which create a right in favour of such Department or body, etc., and of
which registration is not compulsory :
Provided that, in case of instruments requiring stamp duty of less than rupees five hundred, the stamp
duty may be paid to the State Government through any other mode of payment permissible under this Act and the
provisions of sub-sections (2) and (3) shall not be applicable in case of such payment.
(2) The Chief Controlling Revenue Authority shall authorise a person nominated by such Department
or body, as a proper officer for defacing the challan electronically in the Government Receipt Accounting
System (G.R.A.S.) or any other system of payment notified by the State Government in this behalf and
making the endorsement on such instruments.
SECTION 11. - USE OF ADHESIVE STAMPS.
The following instruments may be stamped with adhesive stamps, namely :—

(a) repealed
(b) instrument mentioned at articles 1, 5(a) to (g), 17, 29, 37, 41, 42, 43, 59(a) and 62 in Schedule I.
SECTION 12. - CANCELLATION OF ADHESIVE STAMPS.
(1)

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(a) Whoever affixes any adhesive stamp to any Instrument chargeable with duty which has been executed by
any person shall, when affixing such stamp, cancel the same so that it cannot be used again ; and
(b) Whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of
execution, unless such stamp has been already cancelled in the manner aforesaid, cancel the same so that it
cannot be used again.
(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall,
so far as such stamp is concerned, be deemed to be unstamped.
(3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the
stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other
effectual manner.
Adhesive stamps & Impressed stamps
Impressed stamps can be:
 Labels affixed and impressed by proper officer,
 Stamps embossed or engraved on stamp paper, and
 Impressions by franking machines generally done by the bank by depositing the necessary amount of
stamp duty with the banks.
Adhesive stamps -Adhesive stamps are labels which can be conveniently stuck on the instruments.
Adhesive stamps can be further categorised into two categories: postal and non-postal stamps.
Postal stamps - Postal stamps are used only for transaction with the post office and related function
whereas a non-postal stamp can be a court fee stamp, revenue stamp, notarial stamp, special adhesive stamp,
foreign bill stamp, brokers’ note, insurance policy stamp or a share transfer stamp.
SECTION 13. - INSTRUMENTS STAMPED WITH IMPRESSED STAMPS HOW TO BE WRITTEN
Every instrument for which sheet of paper stamped with impressed stamp is used shall be written in such manner
that the writing may appear on the face and, if required, on the reverse of such sheet so that it cannot be used for
or applied to any other instrument.
Explanation I.—Where two or more sheets of papers stamped with impressed stamps are used to make
up the amount of duty chargeable in respect of any instrument, either a portion of such instrument shall be
written on each sheet so used, or the sheet on which no such portion is written shall be signed by the executant or
one of the executants, with an endorsement indicating that the additional sheet is attached to the sheet on which
the instrument is written.
Explanation II.—Where the sheet or sheets bearing impressed stamps is or are insufficient to admit of
the entire instrument being written thereon, so much plain paper may be subjoined thereto as may be
necessary for completing the writing of such instrument, ---------------provided a substantial part of the instrument
is written on the sheet which bears the stamp before any part is written on the plain paper so subjoined ; and such
plain paper may or may not be signed by the executant but where it is not so signed it shall not render the
instrument not duly stamped.

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SECTION 14. - ONLY ONE INSTRUMENT TO BE ON SAME STAMP
No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which
an instrument chargeable with duty has already been written :
Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created or
evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is
secured thereby.
SECTION 14A. - ALTERATIONS IN INSTRUMENTS HOW TO BE CHARGED.
Where due to material alterations made in an instrument by a party, with or without the consent of other parties,
the character of the instrument is materially or substantially altered, then such instrument shall require a fresh
stamp paper according to its altered character.
SECTION 16. - DENOTING DUTY.
Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any
manner upon the duty actually paid in respect of another instrument, the payment of such last mentioned
duty shall, if application is made in writing to the Collector for that purpose, and on production of both the
instruments, be denoted upon such first mentioned instrument, by endorsement under the hand of the Collector in
such other manner (if any) as the State Government may, by rules, prescribe.
SECTION17. - INSTRUMENTS EXECUTED IN STATE.
All instruments chargeable with duty and executed by any person in this State shall be stamped before
or at the time of execution or immediately thereafter on the next working day following the day of execution :
Provided that the clearance list described in Article 19, 20, 21, 22 or 23 of Schedule I may be stamped by an officer
authorized by the State Government by rules made under this Act, if such clearance list is submitted for stamping
by the clearing house of an Association in accordance with its rules and bye-laws with the requisite amount of
stamp duty, within two months from the date of its execution.
SECTION18. - INSTRUMENTS EXECUTED OUT OF STATE
(1) Every instrument chargeable with duty executed only out of this State may be stamped within three
months after it has been first received in this State.
(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor,
be duly stamped by a private person, it may be taken within the said period of three months to the Collector,

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who shall stamp the same, in such manner as the State Government may by rule prescribe, with a stamp of such
value as the person so taking such instrument may require and pay for.
SECTION 19. - PAYMENT OF DUTY ON CERTAIN INSTRUMENTS OR COPIES THEREOF LIABLE TO

INCREASED DUTY IN MAHARASHTRA STATE.
Where any instrument of the nature described in any article in Schedule I and relating to any property
situate or to any matter or thing done or to be done in this State is executed out of the State and subsequently
such instrument or a copy of the instrument is received in the State,—
(a) the amount of duty chargeable on such instrument or a copy of the instrument shall be the
amount of duty chargeable under Schedule I on a document of the like description executed in this State
less the amount of duty, if any already paid under any law in force in India excluding the State of Jammu and
Kashmir on such instrument when it was executed ;
(b) and in addition to the stamps, if any, already affixed thereto such instrument or a copy of the
instrument shall be stamped with the stamps necessary for the payment of the duty chargeable on it
under clause (a) of this section in the same manner and at the same time and by the same persons as though
such instrument or a copy of the instrument were an instrument received in this State for the first time at the
time when it became chargeable with the higher duty, and
(c) the provisions contained in Section 32(3)(b) of this Act - shall apply to such instrument or a copy of
such instrument] as if such were an instrument executed or first executed out of this State and first received in
this State when it became chargeable to the higher duty aforesaid, but the provisions contained in clause (a) of
the said proviso shall not apply thereto.
SECTION 20. - CONVERSION OF AMOUNT EXPRESSED IN FOREIGN CURRENCIES
(1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency
other than that of India, such duty shall be calculated on the value of such money in the currency of India
according to the current rate of exchange on the day of the date of the instrument.
(2) The rate of exchange for the conversion of British or any foreign currency into the currency of India prescribed
under sub-section (2) of section 20 of the Indian Stamp Act, 1899, shall be deemed to be current rate for the
purpose of sub-section (1).
SECTION 21. - STOCK AND MARKETABLE SECURITIES HOW TO BE VALUED
Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other
security, such duty shall be calculated on the value of such stock or security according to the average price or the
value thereof on the day of the date of the instrument.
SECTION 22. - EFFECT OF STATEMENT OF RATE OF EXCHANGE OR AVERAGE PRICE.

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Where an instrument contains a statement of current rate of exchange, or average price, as the case may require,
and is stamped in accordance with such statement, it shall, so far as regards the subject matter of such statement,
be presumed, until the contrary is proved, to be duly stamped.
SECTUION 23. - INSTRUMENTS RESERVING INTEREST.
Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable
with duty higher than that which it would have been chargeable had no mention of interest been made therein.
SECTION 24 - CERTAIN INSTRUMENTS CONNECTED WITH MORTGAGES OF MARKETABLE SECURITIES

TO BE CHARGEABLE AS AGREEMENTS
(1) Where an instrument—
(a) is given upon the occasion of the deposit of any marketable security by way of security for money
advanced or to be advanced by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer intended as a security of any marketable
security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement
chargeable with duty under Article No. 5 (h) of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable with the like duty.
SECTION 25. - HOW TRANSFER IN CONSIDERATION OF DEBT OR SUBJECT TO FUTURE PAYMENTS, ETC.
TO BE CHARGED.
Where any property is transferred to any person—

(a) in consideration, wholly or in part, of any debt due to him ; or
(b) subject either certainly or contingently to the payment or transfer (to him or any other person) of any
money or stock, whether being or constituting a charge or incumbrance upon the property or not,
----------------such debt, money or stock, shall be deemed to be the whole or part, as the case may be, of
the consideration in respect whereof the transfer is chargeable with ad valorem duty :
Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in Article 16 of
Schedule I.
Explanation.—Where property is sold and sale is subject to a mortgage or other incumbrance, any
unpaid mortgage-money or money charged, together with the interest (if any) due on the same, shall be deemed
to be part of the consideration for the sale, whether or not the purchaser expressly undertakes with the seller to
pay the same or indemnify the seller if the seller has to pay the same :
Provided that, where any property subject to a mortgage is transferred to the mortgage, he shall be entitled to
deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.
Illustrations
1.) A owes B Rs. 1,000. A sells a property to B, the consideration of the property being Rs. 500 and the release of
the previous debt of Rs. 1,000. Stamp duty is payable on Rs. 1,500.

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2.) A sells a property to B for Rs. 500. The property is subject to a mortgage to C for Rs. 1,000 and unpaid interest
of Rs. 200. The sale is subject to the mortgage. Stamp duty is payable on Rs. 1,700.
3.) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house from A. Stamp
duty is payable on Rs. 10,000 less the amount of stamp duty already paid for the mortgage.
SECTION 26. - VALUATION IN CASE OF ANNUITY, ETC
Where an instrument is executed to secure the payment of an annuity or other sum payable periodically
or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured
by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this
Act, be deemed to be,—
(a) where the sum is payable for a definite period so that the total amount to be paid can be previously
ascertained, such total amount ;
(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the
date of such instrument or conveyance, the total amount which, according to the terms of such instrument or
conveyance, will or may be payable during the period of twenty years calculated from the date on which the
first payment becomes due ; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of such
instrument or conveyance, the maximum amount which will or may be payable as aforesaid during the period
of twelve years calculated from the date on which the first payment becomes due.
SECTION 27. - STAMP WHERE VALUE OF SUBJECT MATTER IS INDETERMINATE.
Where the amount or value of the subject matter of any instrument chargeable with ad valorem duty
cannot be, or in the case of an instrument executed before the commencement of this Act could not
have been ascertained at the date of its execution or, first execution, ---------------nothing shall be claimable
under such instrument more than the highest amount or value for which, ----------------------if stated in an
instrument of the same description, the stamp actually used would, at the date of such execution, have been
sufficient, and the instrument shall be deemed to be insufficiently stamped as respects the excess amount and the
provisions of Section 34 [Section 34 i.e Instruments not duly stamped inadmissible in evidence, etc] shall accordingly
apply in relation to the admission of the instrument in evidence :
Provided further that in the case of the lease of a mine in which royalty or a share of the produce is received
as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for
the purpose of stamp duty,—
(a) when the lease has been granted by or on behalf of the Government at such amount or value as
the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable
by way of royalty or share to the Government under the lease, or

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(b) when the lease has been granted by any other person, at fifty thousand rupees a year ; and the
whole amount of such royalty or share, whatever it may be, shall be claimable under such lease :
Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 40, the
amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.
SECTION 28. - FACTS AFFECTING DUTY TO BE SET FORTH IN INSTRUMENT
The consideration (if any) the market value and all other facts and circumstances affecting the chargeability of
any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth
therein.
SECTION 29. - DIRECTION AS TO DUTY IN CASE OF CERTAIN CONVEYANCES.
(1) Where any property has been contracted to be sold for one consideration for the whole, and is
conveyed to the purchaser in separate parts by different instruments, the market value shall be
apportioned in such manner as the parties think fit, provided that a distinct market value for each separate part
is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad-valorem duty in
respect of such distinct market value.
(2) Where property contracted to be purchased for one consideration for the whole, by two or more
persons jointly, or by any person for himself and others or wholly for others, is conveyed in parts by
separate instruments of the persons, by or for whom the same was purchased, for distinct parts of the
consideration, the conveyance of each separate part shall be chargeable with ad-valorem duty in respect of the
distinct part in respect of the market value of such part of property.
(3) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad-valorem in respect of the
market value of the property at the time of sale by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, --------to any other person, or persons,
and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance
of each part sold to a sub-purchaser ---shall be chargeable with ad-valorem duty in respect only of the
market value of the part sold to the sub-purchaser, without regard to the amount of the market value of the
property conveyed by the original seller, and the conveyance of the residue (if any) of such property to the original
purchaser shall be chargeable with ad-valorem duty in respect of the market value of such residue :
Provided that notwithstanding anything contained in Article 25 of Schedule I the duty on such last mentioned
conveyance shall in no case be less than ten rupees.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling
to him, which is chargeable with ad-valorem duty in respect of the market value of the property which is the
subject matter of the conveyance and is duly stamped accordingly, any conveyance to be made afterwards to him
in respect of the same property by the original seller shall be chargeable with a duty equal to that which would be
chargeable on a conveyance for the market value of the property which is the subject matter of the conveyance or
where such duty exceeds fifty rupees with a duty of fifty rupees.

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(E)—DUTY BY WHOM PAYABLE.
SECTION 30. - DUTIES BY WHOM PAYABLE.
In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,—
(a) in the case of any instrument described in any of the following articles of Schedule I, namely :—
 No. 2 (Administration Bond),
 No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),
 No. 13 (Bond),
 No. 14 (Bottomry Bond),
 No. 28 (Customs Bond),
 No. 33 (Further Charge),
 No. 35 (Indemnity Bond),
 No. 40 (Mortgage Deed),
 No. 52 (Release),
 No. 53 (Respondentia Bond),
 No. 54 (Security-Bond or Mortgage-Deed),

 No. 55 (Settlement),
 No. 59 (a) (Transfer of debentures, being marketable securities whether the debentures is liable to
duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899),
 No. 59(b) (Transfer of any interest secured by a bond or mortgage deed or policy of insurance by the
person drawing or making such instrument.
(b) in the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee ; in the case of a
lease or agreement to lease by the lessee or intended lessee;
(c) in the case of a counterpart of a lease by the lessor;
(d) in the case of an instrument of exchange by the parties in equal shares ;
(e) in the case of a certificate of sale by the purchaser of the property to which such certificate relates ;
(f) in the case of an instrument of partition by the parties thereto in proportion to their respective share in the
whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue authority
or Civil Court or arbitrator, in such proportion as such authority, Court or 2[arbitrator directs ;
(f-a) in case of instruments of works contract as provided in Article 63 of SCHEDULE-I, by the person receiving the
contract ;
(g) in any other case, by the person executing the instrument.
SECTION 30A. - DUTIES PAYABLE BY FINANCIAL INSTITUTION.

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(1) Where any instrument referred to Section 30 (a) to Section 30(g) [Section 30 i.e - Duties by whom
payable] is executed on or after the date of commencement of the Maharashtra Tax Laws (Levy and
Amendment) Act, 2013, in favour of or by any financial institution such as Bank, Non-banking Finance
Company, Housing Finance Company or alike, which creates any right in favour of any such financial institution,
the liability to pay proper stamp duty shall be on such financial institution concerned without affecting their
right, if any, to collect it from the other party if the other party fails to pay the proper stamp duty.
(2) In respect of any such instrument executed before the date of commencement of the Maharashtra Tax Laws
(Levy and Amendment) Act, 2013, and are effective and where proper stamp duty is not paid, then the financial
institution shall impound such instrument on or before the 30th September 2013 and forward the same to the
Collector for recovery.
(3) Where the financial institution fails to impound such instrument as provided in sub-section (2), then
the concerned financial institution shall be liable to pay a penalty equal to the stamp duty payable on such
instrument.
SECTION 31. - ADJUDICATION AS TO PROPER STAMPS.
(1) When an instrument,[whether executed or not and whether previously stamped or no t]is brought to the
Collector, by one of the parties to the instrument and such person] applies to have the opinion of that
officer as to the duty (if any) with which or the Article of Schedule I under which it is chargeable and pays a fee
of Rs 100\- in case not involving stamp duty on ad valorem basis, and Rs 1\- for every Rs. 1,000 or part
thereof, subject to a minimum of five rupees and maximum of twenty-five rupees in cases involving stamp duty
on ad valorem basis, ---------------------------the Collector shall determine the duty (if any) with which, or the Article
of Schedule I under whichin his judgement, the instrument is chargeable.
(2) For this purpose the Collector may require to be furnished with a true copy or an abstract of the
instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the
facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with
which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon such application until
such true copy or abstract and evidence have been furnished accordingly :
Provided that—
(a) no evidence furnished in pursuance of this section shall be used against any person in any civil
proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable ;
and
(b) every person by whom any such evidence is furnished shall, on payment of the full duty with which the
instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under
this Act by reason of the omission to state truly in such instrument any of the facts or circumstances
aforesaid.
(3) Where the Collector acting under sub-sections (1) and (2) is not the Collector of the District and if he
has reason to believe that the market value of the property, which is the subject matter of the instrument, received
by him for adjudication, has not been truly set forth therein, 8[he shall, for the purpose of assessing the stamp
duty, determine the true market value of such property, as laid down in the Bombay Stamp (Determination of
True Market Value of Property) Rules, 1995.

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(4) When an instrument is brought to the Collector for adjudication,—

(i) within one month of execution or first execution of such instrument in the State ; or
(ii) if, such instrument is executed or first executed, out of the State, within three months from the
date of first receipt of such instrument in this State, the person liable to pay the stamp duty under section
30 shall pay the same within sixty days from the date of service of the notice of demand in respect of the
stamp duty adjudicated by the Collector.
(5) If such person fails to pay the stamp duty so demanded within the said period, he shall be liable to pay
a penalty at the rate of two per cent., of the deficient portion of the stamp duty, for every month or part thereof,
from the date of execution of such instrument, or as the case may be, date of the first receipt of such instrument in
the State :
Provided that, in no case, the amount of the penalty shall exceed 3[four times] the deficient portion of the stamp
duty.
SECTION 32. - CERTIFICATE BY COLLECTOR.
(1) When an instrument brought to the Collector under section 31, is in his opinion, one of a description
chargeable with duty, and—
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such sum as with the duty already paid in
respect of the instrument, is equal to the duty, so determined has been paid, the Collector shall certify by
endorsement on such instrument that the full duty stating the relevant Article of Schedule I and the
amount with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner
aforesaid that such instrument is not so chargeable.
(3) Subject to the provisions of Section 53-A, any instrument upon which an endorsement has been
made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case
may be ; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and
registered as if it had been originally duly stamped :
Provided that nothing in this section shall authorize the Collector to endorse,—
(a) any instrument executed or first executed in the State and brought to him after the expiration of one
month from the date of its execution or first execution, as the case may be ;
(b) any instrument executed or first executed out of the State and brought to him after the expiration of
three months after it has been first received in this State ; or
(c) any instrument chargeable with the duty of twenty naye paise or less when brought to him, after the
drawing or execution thereof, on paper not duly stamped.
SECTION 32A. - INSTRUMENT OF CONVEYANCE, ETC. UNDERVALUED HOW TO BE DEALT WITH.

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(1) Every instrument of conveyance, exchange, gift, certificate of sale, deed of partition or power of
attorney to sell immovable property when given for consideration, deed of settlement or transfer of lease by way
of assignment and also any other instruments mentioned in SCHEDULE I chargeable with duty on the basis of
market value of the property, presented for registration under the provisions of Registration Act, 1908, shall be
accompanied by a true copy thereof :
Provided that, in case of such instruments executed on or after the 4 th July 1980, to the date of commencement of
the Bombay Stamp (Amendment) Act, 1985, an extract of the instrument to be taken from the registration record
shall be deemed to be the true copy accompanying the instrument, presented for registration for the purposes of
sub-section (1).
(2) Any registering officer receiving such instrument for registration has reason to believe, on the basis
of the information available with him in this behalf, that the market value of immovable property which is
the subject matter of such instrument has not been truly set forth therein, he shall, immediately after
receiving of such instrument, refer it to the Collector for determination of the true market value of such property :
Provided that, in respect of the instrument presented for registration before the date of
commencement of the Maharashtra Tax Laws (Levy, Second Amendment and Validation) Act, 1996
where, in the opinion of the registering officer, the true market value of the immovable property, which is the
subject matter of the said instrument, has not been determined by the Collector of the District,
--------------------------------------it shall be lawful for the registering officer to verify the true market value of such
property as per the annual statement of rates of immovable property determined under the Bombay Stamp
(Determination of True Market Value of Property) Rules, 1995, and ---------------issue notice to the person, who is
liable to pay stamp duty under section 30 calling upon such person to pay the deficit amount of stamp duty and
penalty at the rate of 2 per cent., of the deficient portion of the stamp duty, for every month or part thereof from
the date of execution of such instrument :
Provided further that, on the receipt of such notice, if the person liable to pay deficit amount of stamp
duty and the penalty, pays within one month from the date of receipt of such notice, the deficient amount of
stamp duty and also pays the fixed penalty of rupees two hundred fifty, he shall not be liable to make payment of
penalty at the rate of 2 per cent., as provided in the first proviso; and the reference already made to the Collector
of the District shall abate :
Provided also that, in no case, the amount of the penalty to be charged under the proviso shall exceed four times
the deficit portion of the stamp duty.
(3) If any person referred to in section 33, before whom any such instrument is produced or comes in
the performance of his functions,has reason to believe that the market value of the immoveable property
which is the subject matter of such instrument has not been truly set forth therein, he may, after performing his
function in respect of such instrument, refer the instrument along with a true copy of such instrument to the
Collector of the District for determination of the true market value of such property and the proper duty payable
on the instrument :
Provided that if the person, before whom any such instrument is produced or comes in performance of
his functions,is an officer appointed as the Collector under clause (f) of section 2, and he has reason to believe
that the market value of the immovable property which is the subject matter of such instrument has not been
truly set-forth therein, he shall, for the purpose of assessing the stamp duty, determine the true market value of
such property in the manner laid down in the Bombay Stamp (Determination of True Market Value of Property)
Rules, 1995.

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(4) On receipt of the instrument or the true copy of the instrument as the case may be, under sub-section
(2) or (3), the Collector of the District shall, after giving the parties concerned a reasonable opportunity of being
heard and in accordance with the rules made by the State Government in that behalf, determine the true market
value of the immoveable property which is the subject matter of the instrument and the proper duty payable
thereon.
Upon such determination, the Collector of the District shall require the party liable to pay the duty, to make the
payment of the amount required to make up the difference between the amount of duty determine d under this
sub-section and the amount of duty already paid by him and shall also require such party to pay in addition, a
penalty of 2 per cent., for every month or part thereof] from the date of execution of the instrument on
differential amount of stamp duty ; -------------and on such payment, the instrument received under sub-section (2)
or (3) shall be returned to the officer or person referred to therein :
Provided also that, in no case, the amount of the penalty shall exceed four times] the deficient portion of the
stamp duty.
(5) The Collector of the District may, suo motu or on receipt of information from any source, within ten years
from the date of registration of any instrument referred to in sub-section (1) (not being the instrument upon
which an endorsement has been made under Section 32 or the instrument or the instruments in respect of which
the proper duty has been determined by him under sub-section (4) or an instrument executed before the 4 th July
1980, ………………..call for the true copy or an abstract of the instrument from the registering officer and
examine it for the purpose of satisfying himself as to the correctness of the market value of the immoveable
property which is the subject matter of such instrument and the duty payable thereon ; and if, after such
examination, he has reason to believe that the market value of such property has not been truly and fully set
forth in the instrument he shall proceed as provided in sub-section (4).
(6) It shall be lawful for the Chief Controlling Revenue Authority or the Collector of the District to
transfer to any other Officer, any reference received by the Collector of the District under this section, for
disposal in accordance with the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995.
SECTION 32B. - APPEAL.
(1) Any person aggrieved by any order determining the market value under sub-section (3) of section 31 or under
section 32A or any order imposing any penalty under section 32A may, within sixty days from the date of receipt
of such order, by an application in writing (accompanied by such fee not exceeding three hundred rupees as the
State Government may, from time to time, by notification in the Official Gazette, specify ; and different rates of
fees may be specified for different areas), --------------------file an appeal against such order, to the
Additional Controller of Stamps, Mumbai in respect of the property, which is the subject matter of the
instrument,
 is situated in Mumbai City and
 Mumbai Suburban Districts and
 in respect of the properties situated in the other parts
------------------------to the Deputy Inspector General of Registration and Deputy Controller of Stamps, who
shall after considering the same, pass such order thereon as he thinks just and proper; and the order so passed

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shall, subject to the provisions of section 32C, be final and shall not be questioned in any Court or before any
authority :
Provided that, all applications made and pending with the Collector immediately before the commencement of
the Bombay Stamp (Amendment) Act, referred to Courts for decision under Section 32B as it existed immediately
before the coming into force of the Amendment Act, ----------------------------------------------------shall, on the coming
into force of the Amendment Act be transferred by the Collector to the Deputy Inspector General of
Registration&the Deputy Controller of Stamps
Thereafter the applications so transferred shall be deemed to be the appeals filed and pending before the Deputy
Inspector General of Registration and Deputy Controller of Stamps who shall dispose off the same in accordance
with this section:
(2) No appeal and no application for revision shall lieagainst the order of the
 Additional Controller of Stamps, Mumbai or the
 Deputy Inspector General of Registration and Deputy Controller of Stamps,
--------------passed under subsection (1).
SECTION 32C. - REVISION.
Subject to the provisions of Section 32B [Section 32B i.e Appeal]and any rules which may be made in this behalf by
the State Government, ----------------------the Chief Controlling Revenue Authority may, suo motu, call for and
examine the record of any order passed (including an order passed in appeal) under this Act or the rules made
thereunder, by any officer and pass such order thereon as he thinks just and proper; and the order so passed shall
be final and shall not be called in question in any Court or before any authority :
Provided that, no notice calling for the record under this section shall be served by the Chief Controlling Revenue
Authority after the expiry of three years from the date of communication of the order sought to be revised and no
order of revision, shall be made by the said Authority hereunder after the expiry of five years from such date :
CHAPTER IV. – INSTRUMENTS NOT DULY STAMPED.
SECTION 33. - EXAMINATION AND IMPOUNDING OF INSTRUMENTS
(1) Subject to the provisions of section 32A,[Section 32 A i.e Instrument of conveyance, etc. undervalued how
to be dealt with] every person having by law or consent of parties authority to receive evidence, and
every person in charge of a public office, except an officer of police or any other officer, ---------------empowered
by law to investigate offences under any law for the time being in force, before whom any instrument, chargeable,
in his opinion, with duty, is produced or comes in the performance of his functions shall, if it appears to him that
such instrument is not duly stamped, impound the same irrespective whether the instrument is or is not valid in
law.
(2) For that purpose every such person shall examine every instrument so chargeable and so produced
or coming before him in order to ascertain whether it is stamped with a stamp of the value and description
required by the law for the time being in force in the State when such instrument was executed or first executed :

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Provided that—
(a) nothing herein contained shall be deemed to require any Magistrate or Judge of Criminal Court to examine or
impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other
than a proceeding under Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973.
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this
section may be delegated to such officer as the Court may appoint in this behalf.
(3) For the purposes of this section, in cases of doubt,—
(a) the State Government may determine what offices shall be deemed to be public offices ; and
(b) the State Government may determine who shall be deemed to be persons in charge of public offices.
SECTION 33A. - IMPOUNDING OF INSTRUMENT AFTER REGISTRATION.
When through mistake or otherwise any instrument which is not duly stamped is registered under the
Registration Act, 1908, the registering officer may call for the original instrument from the party and, after
giving the party an opportunity of being heard and recording the reasons in writing and furnishing a copy thereof
to the party, impound it.
On failure to produce such original instrument by the party, a true copy of such instrument taken out from the
registration record shall, for the purposes of this section, be deemed to be original of such instrument.
SECTION 34. - INSTRUMENTS NOT DULY STAMPED INADMISSIBLE IN EVIDENCE, ETC
No instrument chargeable with duty shall be admitted in evidence for any purpose by any person
having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or
authenticated by any such person or by any public officer unless such instrument is duly stamped or if the
instrument is written on sheet of paper with impressed stamp such stamp paper is purchased in the name of one
of the parties to the instrument :
Provided that,—
(a) any such instrument shall, subject to all just exceptions, be admitted in evidence on payment of—
(i) the duty with which the same is chargeable, or in the case of an instrument insufficiently stamped, the
amount required to make up such duty, and
(ii) a penalty at the rate of 2 per cent. of the deficient portion of the stamp duty for every month or part
thereof, from the date of execution of such instrument :
Provided that, in no case, the amount of the penalty shall exceed four times the deficient portion of the
stamp duty ;
(b) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and
any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped;
(c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a
Criminal Court, other than a proceeding under Chapter IX of Part D of Chapter X of the Code of Criminal
Procedure, 1973 ;

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(d) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument
has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided
by section 32 or any other provision of this Act ;
(e) nothing herein contained shall prevent the admission of a copy of any instrument or of an oral admission of
the contents of any instrument, if the stamp duty or a deficient portion of the stamp duty and penalty as specified
in clause (a) is paid.
SECTION 35. - ADMISSION OFINSTRUMENT WHERE NOT TO BE QUESTIONED
Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 58, be
called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly
stamped.
SECTION 36. - ADMISSION OF IMPROPERLY STAMPED INSTRUMENT
The State Government may make rules providing that, where an instrument bears a stamp of sufficient amount
but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be
duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of
its execution.
SECTION 37. - INSTRUMENTS IMPOUNDED HOW DEALT WITH
(1) When the person impounding an instrument under Section 33 [Section 33 i.e Examination and impounding
of instruments]has by law or consent of parties authority to receive evidence and admits such instrument in
evidence upon payment of a penalty as provided by Section 34 or of duty as provided by Section 36 ,[Setion 36 i.e
Admission of improperly stamped instrument ]-----------------he shall send to the Collector an authenticated
copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in
respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf.
(2) In every other case, a person so impounding the original instrument shall prepare an authentic
copy of such instrument and where it is a true copy or an abstract referred to in Section 31 or true copy referred
to in Section 33A, --------------------------he shall send such authentic copy or, the true copy or, as the case may
be, an abstract to the Collector, for the purpose of taking action on the authentic copy or a true copy or, as the
case may be, an abstract as if it were the original instrument and endorsing thereon a certificate with reference
to the instrument under Section 39(1)(a) or under Section 41(1), as the case may be.
On receipt of the authentic copy, the true copy or, as the case may be, an abstract with the certificate as
aforesaid endorsed thereon, ------------the person who has impounded the original instrument shall copy on
the original instrument the certificate endorsed on the authentic copy and shall authenticate such certificate;
Where it is a true copy or an abstract on which the certificate as aforsaid is endorsed , -------------the
registering officer who has forwarded the true copy or an abstract shall make appropriate entries in respect of
the instrument of which it was a true copy or an abstract, in the relevant register maintained by him and on
anapplication made in this behalf issue under his signature a certificate to the effect that the proper duty or, as
the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect of that
instrument, and the name and residence of the person paying such duty and penalty.

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SECTION 39. - COLLECTOR’S POWER TO STAMP INSTRUMENTS IMPOUNDED.
(1) When the Collector impounds any instrument under section 33 [Section 33 i.e -Examination and
impounding of instruments,] or receives any instrument sent to him under Section 37(2) [Section 37 i.e -
Instruments impounded how dealt with], not being an instrument chargeable with a duty of twenty naye
paise, or less, he shall adopt the following procedure :—
(a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall
certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be ;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped he shall
require the payment of the proper duty or the amount required to make up the same, together with a penalty
of an amount equal to 2 per cent of the deficient portion of the stamp duty, for every month or part thereof
from the date of execution of the instrument subject to the payment of a minimum penalty of rupees one
hundred.
Provided that, in no case, the amount of the penalty shall exceed four times the deficient portion of the stamp
duty :
(2) Subject to the provisions of Section 53A, every certificate shall, for the purposes of this Act, be conclusive
evidence of the matters stated therein.
(3) Where an instrument has been sent to the Collector under sub-section (2) of section 37 [Section 37 i.e
Instruments impounded how dealt with ] the Collector shall, when he has dealt with it as provided by this section,
return it to the impounding officer.
SECTION 40. – INSTRUMENTS UNDULY STAMPED BY ACCIDENT.
If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable
with a duty of twenty naye paise or less is produced by any person of his own motion before the Collector
within one year from the date of its execution or first execution, and such person brings to the notice of the
Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the
proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to
duly stamp such instrument has been occasioned by accident, mistake or urgent necessity,
---------------he may, instead of proceeding under Sections 33 [Section 33 i.e Examination and impounding of
instruments]and Section 39[Section 39 i.e Collector’s power to stamp instruments impounded] receive such
amount and proceed as next hereinafter prescribed with the prior approval of the Additional Controller of
Stamps, Mumbai for the areas in Mumbai City and Mumbai Suburban Districts and for the other areas the Deputy
Inspector General of Registration and Deputy Controller of Stamps.
SECTION 42. - PROSECUTION FOR OFFENCE AGAINST STAMP LAW.
The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not
bar the prosecution of any person who appears to have committed an offence against the stamp law in respect of
such instrument :

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Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a
penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of
evading payment of the proper duty.
SECTION 43. - PERSONS PAYING DUTY OR PENALTY MAY RECOVER SAME IN CERTAIN CASES.
(1) When any duty or penalty has been paid under Section 34, [Section 34, i.e Instruments not duly stamped
inadmissible in evidence, etc] Section 36, Section 39 [Section 39 i.e Collector’s power to stamp instruments
impounded] or Section 40, [Section 40 i.e Instruments unduly stamped by accident]. by any person in respect of an
instrument, and, by agreement or under the provisions of Section 30 or any other enactment in force at the
time such instrument was executed, some other person was bound to bear the expense of providing the
proper stamp for such instrument, the first—mentioned person shall be entitled to recover from such other
person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be
conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to
which such persons are parties and in which such instrument has been tendered in evidence. If the Court
does not for the reasons to be recorded in writing, include the amount in such order, no further proceedings
for the recovery of the amount shall be maintainable.
SECTION 44. - POWER TO REVENUE AUTHORITY TO REFUND PENALTY OR EXCESS DUTY IN CERTAIN
CASES.
(1) Where any penalty is paid under Section 34, [Section 34, i.e Instruments not duly stamped inadmissible in
evidence, etc] or Section 39, [Section 39 i.e Collector’s power to stamp instruments impounded] the Chief
Controlling Revenue Authority may, upon application in writing made within one year from the date of the
payment, refund such penalty wholly or in part.
(2) Where, in the opinion of the Chief Controlling Authority stamp duty in excess of that which is legally
chargeable has been charged and paid under Section 34 or Section 39, such authority may, upon application in
writing made by the party concerned within one year from the date of receipt of the order charging the same,
refund the excess.
SECTION 45. - NON-LIABILITY FOR LOSS OF INSTRUMENTS SENT UNDER SECTION 37
(1) If any instrument sent to the Collector under Section 37(2), is lost, destroyed or damaged during
transmission, the person sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of
the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned
person and authenticated by the person impounding such instrument.
SECTION 46. - RECOVERY OF DUTIES AND PENALTIES.

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(1) All duties, penalties and other sums required to be paid under this Act may be recovered by the Collector by
distress and sale of the moveable property of the person from whom the same are due, or as an arrear of land
revenue.
(2) For the purpose of effecting such recovery, as arrears of land revenue,—
(a) the Cheif Controlling Revenue Authority shall have and exercise all the powers and perform all the
duties of the Commissioner under the Maharashtra Land Revenue Code, 1966 ;
(b) the officer appointed as the Collector under clause (f) of section 2 shall have and exercise all the powers
and perform all the duties of the Collector under the said Code.
(3) Every notice issued or order passed in exercise of the powers conferred by sub-section (2) shall, for the
purposes of this Act, be deemed to be a notice issued or an order passed under this Act.
CHAPTER V - ALLOWANCES FOR STAMPS IN CERTAIN CASES
SECTION47. - ALLOWANCE FOR SPOILED STAMPS
Subject to such rules as may be made by the State Government as to the evidence to be required, or the enquiry to
be made, the Collector may, on application made within the period prescribed in section 48, and if he is satisfied
as to the facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely :—
(a) the stamp on any paper inadvertently and undersignedly spoiled, obliterated or by error in writing or
any other means rendered unfit for the purpose intended before any instrument written thereon is executed by
any person;

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(b) the stamp on any document which is written out wholly or in part, but which is not signed or executed
by any party thereto ;
(c) the stamp used for an instrument executed by any party thereto which—
i. has been afterwards found by the party to be absolutely void in law from the beginning ;
ii. has been afterwards found by the Court, to be absolutely void from the beginning under Section 31 of
the Specific Relief Act, 1963 ;
iii. has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally
intended ;
iv. by reason of the death of any person by whom it is necessary that is should be executed , without having
executed the same, or of the refusal of any such person to execute the same, cannot be completed so as
to effect the intended transaction in the form proposed ;
v. for want of the execution thereof by some material party, and his inability or refusal to sign the same,
is in fact incomplete and insufficient for the purpose for which it was intended ;
vi. by reason of the refusal of any person to act under the same, or to advance any money intended to be
thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the
intended purpose ;
vii. becomes useless in consequence of the transaction intended to be thereby effected by some other
instrument between the same parties and bearing a stamp of not less value ;
viii. is deficient in value and the transaction intended to be thereby effected had been effected by some
other instrument between the same parties and bearing a stamp of not less value;
ix. is inadvertently and undersignedly spoiled , and in lieu whereof another instrument made between the
same parties and for the same purpose is executed and duly stamped :
Provided that, in the case of an executed instrument, except that falling under sub-clause (1A), no legal
proceeding has been commenced in which the instrument could or would have been given or offered in evidence
and that the instrument is given up to be cancelled or has been already given up to the Court to be cancelled.
SECTION48. - APPLICATION FOR RELIEF ORDER UNDER SECTION 47 WHEN TO BE MADE
The application for relief under section 47 shall be made within the following period, that is to say,—
(1) in the cases mentioned in clause (c)(5), within six months] of the date of the instruments :
Provided that, where an agreement to sale of immovable property on which stamp duty is paid under
Article 25 of the SCHEDULE I, is registered under the provisions of the Registration Act, 1908 and thereafter
such agreement is cancelledby a registered cancellation deed for whatsoever reasons before taking the
possession of the property which is the subject matter of such agreement, within a period of 5 years from the date
of execution of the agreement to sale, ------------------------then the application for relief may be made within a
period of six months from the date of registration of cancellation deed.

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(2) in the case when for unavoidable circumstances any instrument for which another instrument has been
substituted cannnot be given up to be cancelled, the application may be made within six months after the date of
execution of the substituted instruments ;
(3) in any other case, within six months from the date of purchase of stamps.
SECTION49. - ALLOWANCE IN CASE OF PRINTED FORMS NO LONGER REQUIRED BY CORPORATIONS.
The Chief Controlling Revenue Authority or the Collector if empowered by the Chief Controlling Revenue Authority
in this behalf may without limit of time, make allowance for stamped papers used for printed forms of
instruments by any banker or by any incorporated company or other body corporate, if for any sufficient reason
such forms have ceased to be required by the said banker, company or body corporate :
Provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.
SECTION50. - ALLOWANCE FOR MISUSED STAMPS
(1) When any person has inadvertently used, for an instrument chargeable with duty, a stamp of a
description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater
value than was necessary or has inadvertently used any stamp for an instrument not chargeable with any duty ;
or
(2) when any stamp used for an instrument has been inadvertently rendered useless under section 15,
owing to such instrument having been written in contravention of provisions of section 13 ; -------------the
Collector may, on application made within six months] after the date of the instrument, or, if it is not dated,
within six months after the execution thereof by the person by whom it was first or alone executed, and upon the
instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp
so misused or rendered useless.
SECTION 51. - ALLOWANCE FOR SPOILED OR MISUSED STAMPS HOW TO BE MADE.
In any case in which allowance is made for spoiled stamps under section 47, or misused stamps under section 50,
or in respect of printed forms no longer required under section 49, the Collector may give, in lieu thereof,—
(a) the same value in money, deducting therefrom such amount as may be prescribed by rules made in this
behalf by the State Government] ; or
(b) if the applicant so requires, other stamps of the same description and value ; or
(c) if the applicant so requires, stamps of any other description of the same amount in value :
Provided that, in the cases covered by clauses (b) and (c) a stationery charge as may be prescribed by rules made
by the State Government, shall also be recovered in respect of spoiled or misused stamp papers, surrendered.
SECTION 52. - ALLOWANCE FOR STAMPS NOT REQUIRED FOR USE
When any person is possessed of a stamp or stamps which have not been, spoiled or rendered unfit or
useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person
the value of such stamp or stamps in money, deducting thereform such amount as may be prescribed by rules

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made in this behalf by the State Government] upon such person delivering up the same to be cancelled, and
proving to the Collector's satisfaction,—
(a) that such stamp or stamps were purchased by such person with a bona fide intention to use them ; and
(b) that he has paid the full price thereof ; and
(c) that they were so purchased within the period of six months next preceding the date on which they
were so delivered : Provided that, where the person is a licensed vendor of stamp, the Collector may, if he
thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as
aforesaid.
SECTION 52A. - ALLOWANCE FOR DUTY.
(1) Notwithstanding anything contained in sections 47, 50, 51 and 52, when payment to duty is made by
stamps or in cash as provided for under Section 10(3) or Section 10A or Section 10B, and when the amount of
duty paid exceeds rupees five lakhs, the concerned Collector shall not make allowance for the stamps, or the cash
amount paid under the Challans which are spoilt or misused or not required for use, but shall, after making
necessary enquiries, forward the application with his remarks thereon to,—
(a) the Additional Controller of Stamps for the cases handled by the Collectors working in the Mumbai
City District and Mumbai Suburban District; and
(b) the concerened Deputy Inspector General of Registration and Deputy Controller of Stamps of the
division for the cases handled by the Collectors other than those mentioned in clause (a).
(2) The Additional Controller of Stamps or, the concerned Deputy Inspector General of Registration
and Deputy Controller of Stamps of the division, as the case may be, on receiving such application consider
the same and decide whether such allowance shall be given or not, and accordingly shall, grant the same, if the
amount of allowance does not exceed rupees twenty lakhs, and if, it exceeds rupees 4[twenty lakhs], shall submit
such application, with his remarks thereon to the Chief Controlling Revenue Authority for decision.
(3) The Chief Controlling Revenue Authority on receiving such application shall decide on merit
whether such allowance shall be given or not, and pass such order thereon as he thinks just and proper, which
shall be final and shall not be questioned in any court or before any authority.
CHAPTER VI - REFERENCE, REVISION AND APPEAL
SECTION 53. - CONTROL OF AND STATEMENT OF CASE TO CHIEF CONTROLLING REVENUE AUTHORITY
(1) The powers exercisable by a Collector under Chapter III, Chapter IV and Chapter V and under
Section 27(a) shall in all cases be subject to the control of the Chief Controlling Revenue Authority :
Provided that nothing contained in this sub-section shall apply 5[in relation to any order of the Collector of the
District determining the true market value of the immoveable property which is the subject-matter of the
instrument referred to in sub-section (1) of section 32A.
(1A) Any person aggrieved by an order of the Collector under Chapter III, Chapter IV, Chapter V and
Section 27(a) may, within sixty days from the date of receipt of such order, by an application in writing,
accompanied by a fee of three hundred rupees, file an appeal against such order to the Chief Controlling Revenue

lOMoARcPSD|18208158
Authority, who shall, after giving the parties a reasonable opportunity of being heard, consider the case and pass
such order thereon as he thinks just and proper and the order so passed shall be final.
(2) If any Collector, acting under section 31, section 39 or section 40, feels doubt as to the amount of duty
with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own
opinion thereon, for the decision of the Chief Controlling Revenue Authority.
(3) Such authority after giving the parties a reasonable opportunity of being heard, shall consider the case and
send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity
with such decision.
SECTION 53A. - REVISION OF COLLECTOR’S DECISION UNDER SECTIONS 32, 39 AND 41
(1) When through mistake or otherwise any instrument is charged with less duty than leviable thereon
or is held not chargeable with duty, as the case may be, by the Collector, the Chief Controlling Revenue
Authority may, within a period of six years from the date of certificate of the Collector under Sections 32, 39 or 41,
require the concerned party to produce before him the instrument and, after giving a reasonable
opportunity of being heard to the party, examine such instrument whether any duty is chargeable, or any duty
is less levied, thereon and order the recovery of the deficit duty, if any, from the concerned party.
Section 32 deals with the provision of - Certificate by Collector
Section 39 deals with the provision of – Collector’s power to stamp instruments impounded.
Section 41 deals with the provision of – Endorsement of instruments on which duty has been paid under section 34, 39 or 40
An endorsement shall thereafter be made on the instrument after payment of such deficit duty.
(2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall
proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector
under Section 31 or of Section 37(2) and such copy or abstract shall be deemed to be the original instrument for
the purposes of this section.
Section 31 deals with the provision of - Adjudication as to proper stamps.
Section 37(2) - In every other case, a person so impounding the original instrument shall prepare an authentic copy of such
instrument and where it is a true copy or an abstract referred to in section 31 or true copy referred to in section
33A,----------------- he shall send such authentic copy or, the true copy or, as the case may be, an abstract to the Collector, for
the purpose of taking action on the authentic copy or a true copy or, as the case may be, an abstract as if it were the
original instrument and endorsing thereon a certificate with reference to the instrument under clause (a) of sub-section
(1) of section 39 or under sub-section (1) of section 41, as the case may be.
On receipt of the authentic copy, the true copy or, as the case may be, an abstract with the certificate as aforesaid
endorsed thereon, the person who has impounded the original instrument shall copy on the original instrument the
certificate endorsed on the authentic copy and shall authenticate such certificate;
Where it is a true copy or an abstract on which the certificate as aforsaid is endorsed , the registering officer who has
forwarded the true copy or an abstract shall make appropriate entries in respect of the instrument of which it was a true
copy or an abstract, in the relevant register maintained by him and on an application made in this behalf issue under his
signature a certificate to the effect that the proper duty or, as the case may be, the proper duty and penalty (stating the
amount of each) have been levied in respect of that instrument, and the name and residence of the person paying such duty
and penalty

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SECTION 54. - STATEMENT OF CASE BY CHIEF CONTROLLING REVENUE AUTHORITY TO HIGH COURT
(1) The Chief Controlling Revenue Authority may state any case—
(a) referred to it under sub-section (2) of section 53 ;
(b) on an application made to it by party interested, within the period, which in the opinion of the
Authority is reasonable, raising a subtantial question of law for referring the same ; or
(c) otherwise coming to its notice ; and refer such case formulating the precise question with its own
opinion thereon, to the High Court.
(2) Every such case shall be decided by not less than three judges of the High Court and in case of difference, the
opinion of the majority shall prevail.
SECTION 55. - POWER OF HIGH COURT TO CALL FOR FURTHER PARTICULARS AS TO CASE STATED.
If the High Court is not satisfied that the statements contained in the case are sufficient to enable it to determine
the questions raised thereby, the High Court may refer the case back to the Revenue Authority by which it was
stated, to make such additions thereto or alterations therein as the High Court may direct in that behalf.
SECTION 56. - PROCEDURE IN DISPOSING OF CASE STATED.
(1) The High Court upon the hearing of any such case shall decide the question raised thereby, and shall deliver its
judgement thereon containing the grounds on which such decision is founded.
(2) The High Court shall sent to the Revenue Authority, by which the case was stated a copy of such judgment
under the seal of the Court and the signature of the Registrar ; and the Revenue Authority shall, on receiving such
copy, pass such orders as are necessary for disposal of the case conformably to such judgment.
SECTION 57. - STATEMENT OF CASE BY OTHER COURTS TO HIGH COURT.
(1) If any Court, other than the High Court, feels doubt as to the amount of duty to be paid in respect of
any instrument under clause (a) of the proviso to section 34, the Judge may draw up a statement of the case and
refer it, with his own opinion thereon, for the decision of the High Court.
(2) The High Court shall deal with the case as if it had been referred under Section 54, [ i.e Statement of case
by chief controlling revenue authority to high court ] and send a copy of its judgement under the seal of the
Court and the signature of the Registrar to the Chief Controlling Revenue Authority and another like copy to the
Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment.
(3) When made by a Court subordinate to a District Court, shall be made through the District Court ,
and, when made by any Subordinate Revenue Court, shall be made through the Court immediately superior.

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SECTION 58. - REVISION OF CERTAIN DECISIONS OF COURTS REGARDING THE SUFFICIENCY OF STAMPS
(1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any
proceeding under Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973,
--------------------makes any order admitting any instrument in evidence as duly stamped or as not requiring a
stamp, or upon payment of duty and a penalty under Section 34, the Court to which appeals lie from, or reference
are made by, such first mentioned Court may, of its own motion or on the application of the Collector, take such
order into consideration.
(2) If such Court, after such consideration is of opinion that such instrument should not have been
admitted in evidence without the payment of duty and penalty under section 34, or without the payment of
a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount
of duty with which such instrument is chargeable, and may require,—
(i) the party or person concerned to make the payment of the proper duty or the amount required to make
up the same, together with a penalty under section 34, or payment of a higher duty and penalty than those
paid, to itself or to the Collector ; and
(ii) any person in whose possession or power such instrument then is, to produce the same, and may
impound the same when produced.
(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall
send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is
otherwise in the possession of such Court, shall also send him such instrument.
(3A) When the duty and penalty leviable in respect of any instrument in accordance with the declaration
made under sub-section (3) and required to be paid thereunder are paid to the Court or to the Collector, then the
Court or, as the case may be, the Collector shall certify by endorsement thereon that the proper duty and penalty,
stating the amount of each, have been levied in respect of such instrument, and the name and residence of the
person paying the same.
(3B) Every instrument so endorsed shall thereupon be delivered, on an application in this behalf, to the
person from whose possession the instrument came in the possession of such Court, or as such person may
direct, to any other person authorised by him.
(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument
in evidence, or in any certificate granted under section 41, or in section 42, prosecute any person for any offence
against the stamp law which the Collector considers him to have committed in respect of such instrument :
Provided that—
(a) no such prosecution shall be instituted where the amount including duty and penalty, which, according to the
determination of such Court, was payable in respect of the instrument under Section 34, is paid to the Court or the
Collector, unless the Collector thinks that the offence was committed with an intention of evading payment of the
proper duty,
(b) except for the purposes of such prosecution no declaration made under this section shall affect the validity of
any order admitting any instrument in evidence, or of any certificate granted under section 41.

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CHAPTER VII - OFFENCE AND PROCEDURE
SECTION 59. - PENALTY FOR EXECUTING, ETC., INSTRUMENT NOT DULY STAMPED.
(1) Any person who, with the intention to evade the duty, executes or signs] otherwise than as a witness any
instrument chargeable with duty without the same being duly stamped shall, on conviction, for every such offence
be punished with rigorous imprisonment for a term which shall not be less than one month but which may extend
to six months and with fine which may extend to five thousand rupees :
Provided that, when any penalty has been paid in respect of any instrument under section 34, section 39 or
section 58, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed
under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person
who, at the time when it is issued, is the managing director or secretary or other principal officer of the company,
shall, on conviction, be punished with fine which may extend to five hundred rupees.

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SECTION 59A. - NO PROSECUTION UNDER SECTION 59, IF INSTRUMENT ADMITTED BY COURT.
No person shall be prosecuted under section 59, in respect of an instrument which was produced in Court and
which was admitted after a decision by the Court that the said instrument was duly stamped or that no stamp
was required.
SECTION 60. - PENALTY FOR MAKING FALSE DECLARATION ON CLEARANCE LIST.
Any person who in a clearance list makes a declaration which is false or which he either knows or believes to be
false, shall, on conviction, be punished with 4[rigorous imprisonment for a term which shall not be less than one
month but which may extend to six months and with fine which may extend to five thousand rupees.
SECTION 61. - PENALTY FOR FAILURE TO CANCEL ADHESIVE STAMP.
Any person required by section 12 to cancel an adhesive stamp, fails to cancel such stamp in the manner
prescribed by that section he shall, on conviction, be punished with fine which may extend to one hundred rupees.
SECTION 62. - PENALTY FOR OMISSION TO COMPLY WITH PROVISIONS OF SECTION 28.
Any person who, with intent to defraud the Government,—
(a) executes any instrument in which all the facts and circumstances required by section 28 to be set forth in such
instrument are not fully and truly set forth ; or
(b) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly
to set forth therein all such facts and circumstances ; or
(c) makes any false statement or does any other act calculated to deprive the Government of any duty or penalty
under this Act, shall, on conviction, be punished with fine which may extend to five thousand rupees.
SECTION 63 - PENALTY FOR BREACH OF RULE RELATING TO SALE OF STAMPS AND FOR
UNAUTHORISED SALE.
(a) Any person appointed to sell stamps who disobeys any rule made under section 69 ; and
(b) any person not so appointed, who carries on business of dealing in stamps other than adhesive stamps of
twenty paise or of lesser value, shall, on conviction, be punished with rigorous imprisonment for a term which
shall not be less than one month but which may extend to six months and with fine which may extend to five
thousand rupees.
SECTION 63A. - NON-REMITTANCE OF STAMP DUTY WITHIN PRESCRIBED TIME TO BE OFFENC
(1) Any person who, before the date of commencement of the Maharashtra Tax Laws (Levy, Amendment and
Validation) Act, 1997 (hereinafter, in this section, referred to as “ the said date ”), has collected or any time after
the said date collects, from any person, any sum purporting to be towards the payment of stamp duty, shall within
120 days from the said date or, as the case may be, within 30 days from the date of collection of such amount,

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remit the same in Government Treasury or General Stamp Office, Mumbai, or any other place as the State
Government may, by notification in the Official Gazette, specify in this behalf.
(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with rigorous
imprisonment for a term which shall not be less than one month but which may extend to six months and with a
fine which may extend to five thousand rupees.
SECTION 64. - INSTITUTION AND CONDUCT OF PROSECUTIONS
(1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed shall be
instituted without the sanction of the Collector or such other officer as the State Government generally, or the
Collector specially, authorizes in that behalf.
(2) The Chief Controlling Revenue Authority or any officer generally or specially authorised by it in this behalf,
may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 46.
SECTION 66. - PLACE OF TRIAL.
Every offence under this Act committed in respect of any instrument may be tried in any district or a Metropolitan
area in which such instrument is executed or found or where such offence is triable under the Code of Criminal
Procedure, 1973.
CHAPTER VIII - SUPPLEMENTAL PROVISIONS
SECTION 67. - BOOKS, ETC. TO BE OPEN TO INSPECTION
Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the
inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in
relation to any duty, shall at all reasonable times permit any person authorized in writing by the State
Government or by the Collector to inspect for such purpose, the register, books, papers, documents and
proceedings and to take such notes and extracts as he may deem necessary without fee or charge and, if
necessary, to seize and impound them under section 33.
SECTION 67A. - OBLIGATION TO FURNISH INFORMATION.
(1) Any such individual, institution, organization, company or a body responsible for creating, executing,
maintaining, recording, verifying an instrument chargeable with duty as may be notified by the State Government

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in the Official Gazette, shall, -------------------when called upon by any officer specifically authorised by the Chief
Controlling Revenue Authority in this behalf, furnish information in the form and within the time limit
specified by the Chief Controlling Revenue Authority.
(2) Any such individual, institution, organization, company or a body responsible to furnish the
information, fails to furnish the same within the specified time, the Chief Controlling Revenue Authority or any
other officer authorized by him in this behalf, -------------------------direct such defaulter to pay by way of
penalty, a sum not less than rupees five hundred but which may extend to rupees ten thousand for each
failure.
SECTION 68. - POWERS TO INSPECT AND CALL FOR INFORMATION.
Any officer not below the rank of collector having sufficient reason to believe that, it is necessary to
inspect or call for any registers, books, records, including a diskette, magnetic cartridge tape, CD-ROM
or any other computer readable media or any electronic record mentioned section 2 of the Information
Technology Act, 2000, papers, documents, instruments or proceedings ----------------------------------which may lead
to the discovery of any fraud or omission in relation to any duty, shall, at all reasonable times may himself
or through any officer authorized by him in this behalf, who shall be not below the rank of Gazetted Group-B
officer / Sub-Registrar, Grade-I appointed under the Registration Act, 1908 / Inspector of Stamps, ------------enter
in any premises and inspect the same in the custody of any person, office, firm or any other entity and take such
notes and extracts as he may deem necessary, without payment of any fee or charge, and if necessary, seize and
impound only the chargeable documents as per the provisions of section 33.
SECTION 68A. - PREVENTION OR OBSTRUCTION OF AN OFFICER TO BE AN OFFENCE
If any person prevents or obstructs entry of any officer authorized under section 68 or fails to give any reasonable
assistance to him, he shall, on conviction, be punished with imprisonment for a term which shall not be less than
one month, but which may extend to six months and with fine which may extend to rupees five thousand.
(3) MAHARASHTRA HOUSING AREA DEVELOPMENT AUTHORITY ACT 1976
Syllabus - Definitions, Section 74 – 103 & Chapter – VIIIA [i.e Acquisition of Ceased Properties]
Important Sections –
Section 2 Definitions – Amenity, Betterment charges, Land Acquisition Officer” Occupier”, Owner,
Slum improvement area, Structural repairs
CHAPTER I. - PRELIMINARY.
SECTION 1 - SHORT TITLE, EXTENT AND COMMENCEMENT OF ACT.
(1) This Act may be called the Maharashtra Housing and Area Development Act, 1976.

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(2) Chapter VII and Chapter VIII-A extend] only to Brihan Mumbai, and the rest of the Act extends to the whole
State of Maharashtra including Brihan Mumbai.
(3) This Act shall come into force in such area, from such date , as the State Government may, by notification in
the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act for different
areas.
SECTION 2 - DEFINITIONS
In this Act, unless the context requires otherwise,—
(1) “Amenity” includes

a) road, bridge, any other means of communication, transport,
b) supply of water and elecricity, any other source of energy,
c) street lighting, drainage, sewerage,
d) educational and welfare projects,
e) markets and conservancy, and
f) any convenience which the State Government may, -----------in consultation with the Authority, from time
to time by notification in the Official Gazette, specify to be an amenity required for leading a wholesome
civic life for the purposes of this Act ;
(2) “Appointed day” means the day on which the Authority is duly constituted under Section 6 ;
As per Section 6. - The Authority shall consist of a President, a Vice-President and seven other members—all appointed by the
State Government.
(3) “Authority” means the Maharashtra Housing and Area Development Authority established under Section 3 ;
As per Section 3 - The State Government shall, by notification in the Official Gazette,
establish for securing the objectives and purposes of this Act, an Authority to be called the
Maharashtra Housing and Area Development Authority for the areas in which this Act may be
brought into force, from time to time.
(4) “Authority premises” means any premises belonging to, or

 vesting in, the Authority, or
 taken on lease by the Authority, or
 entrusted to, or
 placed at the disposal of,
----the Authority for management and use for the purposes of this Act ;
Explanation.—In this clause “Authority premises ” includes any premises taken by persons from the Authority
under hire-purchase agreement, during the period any payments are to be made by such person to the Authority
under such agreement or until such agreement is duly terminated ;
(5) “Betterment charges” means charges payable under Section 53 ;

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Section 53. - Betterment charges”
(1) Where for the purpose of any proposal, plan or project, any land in the area
comprised therein which is not required for the execution thereof will in the
opinion of the Authority, be increased in value, ----------------------the Authority may
for the purposes of any such proposal, plan or project in lieu of providing for
acquisition of such land, declare that the betterment charges shall be payable
by the owner of the land or any person having an interest therein in respect of the
increase in value of the land resulting from the execution of such proposal, plan or
project.
(2) Such increase in value shall be the amount by which the value of the land
on the completion of the execution of the proposal, plan or project estimated as if the
land were clear of the buildings exceeds the value of the land prior to the execution of
the proposal, plan or project estimated in like manner and the betterment charges
shall be one-half of such increase in value.
(3) No betterment charges shall be payable by the Government in respect of any land
which is the property of the Government or is managed by any Government or by any
Corporation (including a company or subsidiary company thereof) owned or controlled
by the State or by any local authority or any public institution in respect of any land
belonging to such authority or institution if and so as long as, such land is used for
public, charitable or religious purpose
(6) “Board” means a Board established under Section 18 ;

As per Section 18 of this Act - The five Boards which have been established before the commencement of the
Maharashtra Housing and Area Development (Second Amendment) Act, 1992.
Every Board shall consist of a Chairman and not more than seventeen (17) other members including a Vice-
Chairman, if any, of whom not less than three shall be official.
All the members including the Chairman and the Vice-Chairman, if any, shall be appointed by the State
Governmen
(7) “Building” for the purposes of Chapter VIII, means building in respect of which the cess is levied under that
Chapter and includes a tenement let or intended to be let or occupied separately and a house, out-house, stable,
shed, hut and every other such structure but does not include any such building or structure which as a whole is
unauthorized or any building which is a temporary building as defined Section 3 of the Mumbai Municipal
Corporation Act;
(9) “Cess” means a tax on lands and buildings levied or leviable under Chapter VIII of this Act ;
(11) “Competent Authority” means an officer appointed to be the Competent Authority under Section 65 ;
(12) “Co-operative society” means a co-operative housing society registered or deemed to be registered under
the Maharashtra Co-operative Societies Act, 1960 ;
(13) “Development”, with its grammatical variations, means –

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a) the carrying out of building, engineering, or

b) mining or other operations in, or over, or under, any land (including land under sea, creek, river, lake or
any other water) or
c) the making of any material change in any building or land, and
d) includes redevelopment and layout and sub-division of any land,
e) and also the provision of amenities and
f) “ to develop ” shall be construed accordingly ;
(14) “Existing Board” means,—
(i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act, 1948,
(ii) theVidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950,
(iii) the Bombay Building Repairs and Rconstruction Board constituted under the Bombay Building Repairs
and Reconstruction Board Act, 1969,
(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum Improvement
Board Act, 1973,
(v) functioning in the State or any part thereof immediately before the appointed day;
(16) “Land” includes open sites and land which is being built upon or is already built upon, benefits to arise out of
land and things attached to the earth or permanently fastened to anything attached to the earth; and also include
land under sea, creek, river, lake or any other water ;
(17)“ Land Acquisition Officer”means an officer appointed as such under section 49 of this Act ;
(18) “Member”—
(i) in relation to the Authority, means a member of the Authority including the President and the Vice-
President thereof,
(ii) in relation to a Board, means a member of the Board including the Chairman and the Vice-Chairman
thereof,
(iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch and Upa-Sarpanch
thereof;
(25) “Occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the
rent of the land or building in respect of which such rent is paid or is payable ;
(b) an owner in occupation of, or otherwise using, his land, or building ;
(c) a rent-free tenant of any land or building ;

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(d) a licensee in occupation of any land or building ; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building
(26) “Owner”,when used with reference to any building or land or a part thereof, let or intended to be let or
occupied separately, means the person who receives the rent of such building or land or a part thereof, or who will
be entitled to receive the rent thereof if the building or land or a part thereof were let and includes—
(a) an agent or trustee who receives such rent on account of the owner,
(b) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any building, land or
part thereof devoted to religious or charitable purposes, or
(c) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have the charge
of or to exercise the rights of an owner of the said building, land or part thereof,
(d) a mortgagee in possession ;
(27) “Premises” means any land or building, or part of a building, whether authorised or otherwise, and includes
—
(a) gardens, grounds and out-houses, if any, appertaining to such building or part of a building ;
(b) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ;
(c) building or a part of building let or intended to be let or occupied separately ;
(35) “Slum improvement area” means any area declared as such by a Board under Section 108(1) ;
As per Section 108(1) - Where a Board upon report of any of its officers or other information in its
possession is satisfied that any area is or may be a source of danger to the health, safety or
convenience of the public of the area / of its neighbourhood, by reason of such area –
a) having inadequate or no basic amenities, or
b) being insanitary, squalid, overcrowded or
c) otherwise, and
d) where the Board decides to carry out any improvement works in such area,
e) -----------it shall cause such area to be defined in a map, and
 then it shall by an order published in the Official Gazette,
 declare such area to be a slum improvement area and
 its intention to carry out such improvement works as in its opinion are necessary and are specified in
such order.
(36) “Structural repairs” for the purposes of Chapter VIII means repairs or replacement of decayed, cracked,
or out of plumb structural components of common access, ------------such as,
a) staircases,
b) passages,
c) water closets or

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d) privies by new ones of the like material or of different material or materials including change in the mode
of construction like converting load bearing wall type or
e) timber framed structure to an R.C.C. one, or
f) a combination of both,
------------------------which repairs or replacement in the opinion of the Board, if not carried out expeditiously, may
result in the collapse of the building or any such part thereof ; and
“Structural repairs” includesrepairs and replacement of all items which are required to be repaired or
replaced as a consequence of the repairs or replacement aforesaid which are carried out or to be carried out,
and
--------------also repairs and replacement of the roof (but not replacement of the tiles only) andof the drain
pipes (including house gallies) fixed to the building, which, if not repaired or replaced simultaneously with
structural repairs would cause further damage to the building. When such repairs to any building or any part
thereof are carried out by the Board the building shall be deemed to be structurally repaired under this Act ;
CHART OF SECTION 2 OF MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976.

SECTION 2 CLAUSE DEFINITIONS
(1) “Amenity” includes

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a) road, bridge, any other means of communication, transport,

b) supply of water and elecricity, any other source of energy,
c) street lighting, drainage, sewerage,
d) educational and welfare projects,
e) markets and conservancy, and
any convenience which the State Government may, -----------in consultation with the
Authority, specify by notification in the Official Gazette, to be an amenity required
for leading a wholesome civic life for the purposes of this Act ;
(2) Appointed day” means the day on which the Authority is duly constituted under
Section 6.
Section 6. - Constitution of Authority.
The Authority shall consist of a President, a Vice-President and seven other members
—all appointed by the State Government.
(4) “Authority premises” means any premises belonging to, or

 vesting in, the Authority, or
 taken on lease by the Authority, or
 entrusted to, or
 placed at the disposal of,
----the Authority for management and use for the purposes of this Act ;
Explanation.—In this clause “Authority premises ” includes any premises
taken by persons from the Authority under hire-purchase agreement, during
the period any payments are to be made by such person to the Authority under such
agreement or until such agreement is duly terminated
(5) “Betterment charges” means charges payable under Section 53 ;

Section 53. - Betterment charges”
(1) Where for the purpose of any proposal, plan or project, any land in the area
comprised therein which is not required for the execution thereof will in the opinion of the
Authority, be increased in value, the Authority may for the purposes of any such proposal,
plan or project in lieu of providing for acquisition of such land, declare that the betterment
charges shall be payable by the owner of the land or any person having an interest therein in
respect of the increase in value of the land resulting from the execution of such proposal,
plan or project.
(2) Such increase in value shall be the amount by which the value of the land on the
completion of the execution of the proposal, plan or project estimated as if the land were
clear of the buildings exceeds the value of the land prior to the execution of the proposal,
plan or project estimated in like manner and the betterment charges shall be one-half of
such increase in value.
(3) No betterment charges shall be payable by the Government in respect of any land which

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is the property -
 of the Government or is managed by any Government or by any Corporation (including a

company or subsidiary company thereof) owned or controlled by the State or
 by any local authority or any public institution in respect of any land belonging to such
authority or institution if and so as long as, such land is used for public, charitable or
religious purpose
(6) “Board” means a Board established under Section 18 ;

As per Section 18 of this Act - The five Boards which have been established before
the commencement of the Maharashtra Housing and Area Development (Second
Amendment) Act, 1992.
Every Board shall consist of a Chairman and not more than seventeen i.e 17 other
members including a Vice-Chairman, if any, of whom not less than three shall be
official.
All the members including the Chairman and the Vice-Chairman, if any, shall be
appointed by the State Government.
(7) “Building” for the purposes of Chapter VIII, means building in respect of which the
cess is levied under that Chapter and includes a tenement let or intended to be let or
occupied separately and a house, out-house, stable, shed, hut and every other such
structure but does not include any such building or structure which as a whole is
unauthorized or any building which is a temporary building as defined Section 3 of
the Mumbai Municipal Corporation Act;
“Cess” means a tax on lands and buildings levied or leviable under Chapter VIII of
(9)
this Act
(13) “Development”, with its grammatical variations, means –

a) the carrying out of building, engineering, or
b) mining or other operations in, or over, or under, any land (including land
under sea, creek, river, lake or any other water) or
c) the making of any material change in any building or land, and
d) includes redevelopment and layout and sub-division of any land,
e) and also the provision of amenities and
f) “to develop” shall be construed accordingly ;
(14) Existing Board” means,—

(i) the Maharashtra Housing Board constituted under the Bombay Housing Board
Act, 1948,
(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing

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Board Act, 1950,

(iii) the Bombay Building Repairs and Rconstruction Board constituted under the
Bombay Building Repairs and Reconstruction Board Act, 1969,
(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra
Slum Improvement Board Act, 1973,
(v) functioning in the State or any part thereof immediately before the appointed
day;
(16) “Land” includes open sites and land which is being built upon or is already built
upon, benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth; and also include land under sea, creek,
river, lake or any other water ;
(17) “ Land Acquisition Officer”means an officer appointed as such under section 49 of

this Act -
As per Section 49 - The State Government may, by notification in the Official Gazette,
appoint an officer who is holding or has held an office, which in its opinion is not
lower in rank than that of Deputy Collector or Assistant Director of Town Planning
to be a Land Acquisition Officer for the purposes of this Act, and one or more such
officers may be appointed as may be necessary
(25) “Occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the
rent or any portion of the rent of the land or building in respect of which such rent is
paid or is payable;
(b) an owner in occupation of, or otherwise using, his land, or building ;
(c) a rent-free tenant of any land or building
(d) a licensee in occupation of any land or building ; and
(e) any person who is liable to pay to the owner damages for the use and occupation
of any land or building ;
“Owner”,when used with reference to any building or land or a part thereof, let or
(26)
intended to be let or occupied separately, means the person who receives the rent of
such building or land or a part thereof, or who will be entitled to receive the rent
thereof if the building or land or a part thereof were let and includes—
(a) an agent or trustee who receives such rent on account of the owner,
(b) an agent or trustee who receives the rent of, or is entrusted with, or concerned
for, any building, land or part thereof devoted to religious or charitable purposes,
or
(c) a receiver, sequestrator, or manager appointed by any court of competent

jurisdiction to have the charge of or to exercise the rights of an owner of the said

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building, land or part thereof,

(d) a mortgagee in possession ;
(27)
“Premises” means any land or building, or part of a building, whether authorised
or otherwise, and includes—
(a) gardens, grounds and out-houses, if any, appertaining to such building or part of
a building ;
(b) any fitting affixed to such building or part of a building for the more beneficial
enjoyment thereof ;
(c) building or a part of building let or intended to be let or occupied separately ;
(35) “Slum improvement area” means any area declared as such by a Board under
Section 108(1)
As per Section 108(1) - Where a Board upon report of any of its officers or
other information in its possession is satisfied that any area is or may be a
source of danger to the health, safety or convenience of the public of the area
/ of its neighbourhood, by reason of such area
f) having inadequate or no basic amenities, or
g) being insanitary, squalid, overcrowded or
h) otherwise, and
i) where the Board decides to carry out any improvement works in such area,
j) -----------it shall cause such area to be defined in a map, and
 then it shall by an order published in the Official Gazette,
 declare such area to be a slum improvement area and
its intention to carry out such improvement works as in its opinion are necessary
and are specified in such order.
“Structural repairs” for the purposes of Chapter VIII means repairs or

(36)
replacement of decayed, cracked, or out of plumb structural components of
common access, ------------such as,
a) staircases,
b) passages,
c) water closets or
d) privies by new ones of the like material or of different material or materials
including change in the mode of construction likeconverting load bearing wall
type or timber framed structure to an R.C.C. one, or a combination of both,
------------------------which repairs or replacement in the opinion of the Board, if not
carried out expeditiously, may result in the collapse of the building or any such part
thereof ; and
“Structural repairs” includesrepairs and replacement of all items which are

required to be repaired or replaced as a consequence of the repairs or
replacement aforesaid which are carried out or to be carried out, and

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also repairs and replacement of the roof (but not replacement of the tiles only)
and of the drain pipes (including house gallies) fixed to the building, which, if not
repaired or replaced simultaneously with structural repairs would cause further
damage to the building. When such repairs to any building or any part thereof are
carried out by the Board the building shall be deemed to be structurally repaired
under this Act
SECTION 76. – DUTIES RELATING TO RECONSTRUCTION & REPAIRS OF DILAPIDATED BUILDINGS
Subject to the provisions of this Chapter, it shall be the duty of the Board—
(a) to undertake and carry out structural repairs to buildings, in such order of priority as the Board, having
regard to the exigencies of the case and availability of resources, considers necessary, without recovering any
expenses thereof from the owners or occupiers of such buildings;
(b) to provide temporary or alternative accommodation to the occupiers of any such building, when
repairs thereto are undertaken, or a building collapses;
(c) to undertake, from time to time, the work of ordinary and tenantable repairs in respect of all
premises placed at the disposal of the Board ;
(d) to move the State Government to acquire old and dilapidated buildings and which are, in the opinion of
the Board, beyond repairs; and to reconstruct or to get reconstructed new buidings thereon for the purpose of
housing as many occupiers of those properties as possible, and for providing alternative accommodation to
other affected occupiers ;
(e) to move the State Government to acquire old and dilapidated buildings and which were once
structurally repaird by the Board, but in respect of which further structural repairs are not, in the opinion of
the Board possible or economical, and to reconstruct or to get reconstructed (on demolishing existing
buildings) new buildings thereon for the purpose of housing as many occupiers of those properties as possible,
and for providing alternative accommodation to other affected occupiers ;
(f) having regard to the exigencies of the case and availability of resources, to construct or to get
constructed through an approved agency, transit camps with a view to providing temporary
accommodation to persons affected by house collapse, fire, torrential rain or tempest in its area of operation ;
(g) to take action for demolition of dangerous and dilapidated buildings or portions thereof, which are not
capable of being repaired at reasonable expense, and thereby save human lives ;
(h) with the prior approval of the Authority, to do-all other things to facilitate the carrying out its powers,
duties and functions provided by or under this Act.
SECTION 77. – SPECIAL POWERS OF BOARD
The Board, in the exercise of its powers, performance of its duties and discharge of its functions under this
Chapter may—

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(a) authorize any person, by general or special order, to enter into or upon any building or land with or
without assistance of workmen for making any inquiry, inspection, survey, measurement, valuation or taking
levels of such building or land or for carrying out any structural repairs or to execute any work which is
authorised by or under this Act, or which it is necessary to execute for any of the purposes or in pursuance of
any of the provisions of this Act or of any rule or regulation made thereunder :
Provided that, before exercising such powers, so far as may be compatible with the exigencies of the
purpose for which the entry is to be made, reasonable notice shall be given to the owner and occupiers,
and the power shall be exercised as far as possible in their presence or in the presence of their representatives,
and due regard shall be had to the social and religious usages of the owner or occupiers ;
(b) cause any building proposed to be structurally repaired or reconstructed or demolished to be

vacated if so considered necessary, within a specified period, and take or cause to be taken such steps and use
or cause to be used such force as may be reasonably necessary therefor.
Where any such building or part thereof is caused to be vacated, the Board shall allot to the occupiers who are
dishoused or required to vacate their premises temporary accommodation in any building maintained by the
Authority at such place and to such extent as it deems fit; and the relevant provisions of this Chapter shall
mutatis mutandis apply to such occupiers.
SECTION 78. – PENULTY FOR CONTRAVENINF SECTION 77
Any person who obstructs the entry of a person authorised under section 77 to enter upon any building or land or
in the performance or execution by such person of his duty, or of any work which he is authorised or required to
do, or molests such person in any way after such entry, or fails to vacate any building or to remove there from any
belongings within the period specified in that behalf shall, on conviction, be punished with imprisonment for a
term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
SECTION 79. – POWER OF THE BOARD TO UNDERTAKE BUILDING REPAIRS, BUILDING RE-
CONSTRUCTION & OCCUPIERS HOUSING & REHABILIATION SCHEMES
(1) The Authority may, on such terms and conditions as it may think fit to impose, entrust to the Board the
framing and execution of schemes for building repairs or for reconstruction of buildings or for housing and
rehabilitation of, dishoused occupiers, whether provided by this Act or not, and the Board shall thereupon
undertake the framing and execution of such schemes as if it had been provided for by this Act.
(2) The Board may, on such terms and conditions as may be agreed upon, and with the previous approval of the
Authority—
(a) hand over the execution under its own supervision of any, building repairs scheme, building
reconstruction scheme, to a Municipal Corporation or to a co-operative society or to any other agency
recognized for the purpose by the Board, as it may deem necessary, and
(b) transfer by sale, exchange or otherwise in any manner whatsoever any new building constructed on
any land acquired under this Chapter to any co-operative society, if it is formed by all the occupiers, or to
apartment owners for the purposes of the Maharashtra Apartment Ownership Act, 1970 (the apartment
owners being all such occupiers).

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SECTION 80. - WHERE ANY BUILDING IS REPAIRED, OLD BUILDING MATERIAL WHICH IS REPLACED TO
BECOME PROPERTY OF AUTHORITY IN EXCHANGE FOR NEW MATERIAL PROVIDED & PROVISON FOR
COMPENSATION INSUITABLE CAES
(1) Where any structural repairs of a building or a part thereof are carried out by the Board under the provisions
of this Act the building material, debris and other things of the old building (which are replaced by the Board by
the like material or different material)----------------- shall, on such replacement, be deemed to have become the
property of the Authority in exchange for the new material so provided by the Board ; and
----------------------it shall be lawful for the Board to remove or cause to be removed such old building material,
debris and other things and to sell or otherwise dispose of that material, debris and things, in such manner as it
deems fit.
(2) As soon as possible after such repairs are carried out, the Board shall give notice to the owner that the
material, debris and things aforesaid have become the property of the Authority and that if the owner claims that
the value of the said material, debris and things was more than the amount of the expenditure incurred by the
Board on such repairs, he may submit his claim for compensation with the necessary particulars to the Board,
within thirty days from the date of receipt of such notice.
Where any such claim is made, the Board shall, after holding such enquiry as it deems fit and giving a reasonable
opportunity to the owner of being heard decide the claim, and may either reject the claim or accept it. Where the
Board accepts the claim, the Board shall make an order for payment to the owner as compensation an amount
equal to the difference between the value of the building material, debris and other things of the old buildings as
estimated by it and the amount of the expenditure incurred by the Board on the structural repairs referred to in
sub-section (1).
SECTION 81. - USE OF PROPERTY ASSIGNED OR ENTRUSTED BY GOVERNMENT, MUNICIPAL

CORPORATION.
The State Government or the Municipal Corporation of Greater Mumbai may assign or entrust to the Board on
behalf of the Authority any property, whether moveable or immoveable, for use by the Board for the purposes of
this Chapter, on such terms and conditions as may be agreed upon by the Authority. It shall be the duty of the
Board to use such property for the purpose for which it is assigned or entrusted.
SECTION 82. - LEVY AND COLLECTION OF MUMBAI BUILDING REPAIRS AND RECONSTRUCTION CESS
(1) For the purpose of this Chapter but subject to the provisions of Section 83, there shall be levied and
paid to the State Government, from such date as may be appointed by the State Government by notification in
the Official Gazette, a tax on lands and buildings called the Mumbai Building Repairs and Reconstruction Cess (in
this Chapter referred to as “the cess”,) at the rate of so many percentum of the rateable value of the concerned
building or land or part thereof as is provided under the Second Schedule to this Act.
(2) Subject to the provisions of this Chapter, the cess shall be collected by the Mumbai Corporation in the
same manner in which the property tax is collected under the Mumbai Municipal Corporation Act ( hereinafter in
this Chapter referred to as “ the Corporation Act”)

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(3) The Municipal Commissioner shall recover the amount of the cess levied under sub-section (1) by
an addition to the general tax levied and collected under the Corporation Act. Every addition to the general
tax made under this section shall be recovered by the Municipal Commissioner from each person liable therefor in
the same manner as the general tax due from him.
The Municipal Commissioner may, in respect of the cess due, prepare separate bill for such period or periods and
in such form or forms and serve them in such manner as he may determine.
Where the cess is primarily leviable from the owner, the instalment of the cess due for any half year
shall be recoverable from him in arrears with the instalment of the general tax due for the next half year,
and where such owner is not able to recover any amount of increase in the rent from any occupier as permitted
under sub-section (4) of this Section, he shall, subject to the provisions of sub-sections (5) and (6),
------------------be entitled to withhold payment of that amount till it is recovered from the occupier. The provisions
of Section 147 and 148 of the Corporation Act, shall apply to the cess, as if it were part of the general tax levied
under that Act.
(4) Where an owner is required to pay to the Mumbai Corporation in respect of any land or building
the cess levied under this section, the share of the owner shall be 10 per cent. of the rateable value of the
land or building, and he shall be entitled to recover the remaining amount of the cess levied by making a
proportionate increase in the rent of the various premises in the building, in the same manner as if there was an
increase in the general tax ; and such increase in rent shall not be deemed to be an increase for the purposes of
Section 7 of the Rent Act, or for the purposes of the Corporation Act. Where the rent of any premises in a building
is payable by the month, if such rent or increases are in arrears for a period of six months or more, the owner shall
be entitled to the recovery of possession of the premises under section 12 of the Rent Act.
(5) If the owner—
(a) fails to pay to the Mumbai Corporation his share of the cess; or
(b) fails to pay to the Mumbai Corporation any portion of the cess as is due from any occupier as provided
in sub-section (4), after having recovered the same from the occupier ; or
(c) does not within a reasonable time institute a suit, for recovery of possession of the premises; or
report tothe Municipal Commissioner the name of the occupier, the premises in his possession and the
amount of the cess due from him, as and when any occupier is in arrears for payment of the portion of the cess
due from him for a period of six months or more, -----------------------------the Municipal Commissioner shall be
entitled to recover from the owner the owner's or occupier's share of the cess, or both, as the case may be, in the
same manner in which the arrears of property tax are recovered under the provisions of the Corporation Act, and
shall also be entitled to impose a penalty as provided in Section 207A of the Corporation Act, not exceeding fifteen
percentage of the amount of cess due from the owner or occupier.
Explanation.—For the purposes of this sub-section, “reasonable time” means a period of three months from the
date when any occupier is in arrears for a period of six months in payment of the portion of the cess payable by
him to the owner under sub-section (4)
(6) On receipt of a report from the owner under the last preceding subsection or otherwise, when any occupier is
in arrear in payment of the portion of the cess due from him, the Municipal Commissioner may recover from the
occupier the due amount (whether it has remained due for less than one year or more) as if it were an arrear of
tax due under the Corporation Act.

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(7) Where the Municipal Commissioner has under section 175 of the Corporation Act refunded two-thirds of the
amount of general tax paid in respect of any property or part thereof for any period, the Municipal Commissioner
shall, under intimation to the Board, also refund two-thirds of the amount of cess if paid in respect of that
property or part thereof for the same period and if the cess is not paid, reduce the demand for cess to one-third of
the amount of cess payable for that period.
(8) Notwithstanding anything contained in any law and notwithstanding any rights arising out of any contract or
otherwise howsoever, any sum due as cess in respect of any land or building shall, subject to prior payment of the
land revenue and the education cess and penalty levied under the Maharashtra Education and Employment
Guarantee (Cess) Act, 1962 (if any) thereon, due to the State Government, be a first charge,—
(a) in the case of any land or building held immediately from the Government upon the interest in such land or
building of the person liable to pay the cess, and upon the goods and other moveable property, if any, found
within or upon such land or building and belonging to such person; and
(b) in the case of any other land or building, upon such land or building, and upon the goods and other
moveable property, if any found within or upon such land or building and belonging to the person liable to pay
the cess.
SECTION 83. – EXEMPTION OF CERTAIN BUILDINGS & LANDS FROM PAYMENT OF CESS
(1) The following lands and buildings shall be exempt from payment of the cess, that is to say,—
(a) lands and buildings vesting in, or leased to, the Central Government;
(b) lands and buildings vesting in, or leased to, the State Government or requisitioned by the State
Government, but not those lands and buildings where the land vesting in or leased to the State Government is
given on lease and the building erected there on belongs to any other person, and also not those lands and
buildings where the land and building thereon vesting in or leased to the State Government are given on lease
to any other person;
(c) lands and buildings vesting in, or leased to, the Mumbai Corporation, but not those properties where
the land vesting in or leased to the Mumbai Corporation is given on lease and the building erected thereon
belongs to any other person and also not those properties where the land and building thereon vesting in or
leased to the Mumbai Corporation are given on lease to any other person;
(d) lands and buildings vesting in, or leased to, the Authority ;
(e) lands and buildings vesting in, or leased to, the Trustees of the Port of *Bombay, and not used or
intended to be used for the purpose of profit;
(f) lands and buildings vesting in, or leased to, a public trust registered under the Bombay Public Trusts Act,
1950, and, exclusively occupied for public worship or for education purposes.
(g) lands and buildings vesting in or leased to, a co-operative housing society :
Provided that, any of these buildings shall be entitled to this exemption only if more than one-half of the total
number of tenements therein are occupied by members of that society ;

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(h) such lands and buildings of any Diplomatic or Consular Mission of a foreign State as are, by general or
special orders, specified by Government under clause (c) of sub-section (1) of section 143 of the Corporation
Act ;
(i) buildings exclusively in the occupation of the owner ;

(j) buildings exclusively used for non-residential purposes ;
(k) residential buildings exclusively occupied on leave and licence basis ;
(l) buildings occupied or used partly for one and partly for any other purpose or purposes specified in clause
(i), (j) or (k) :
Provided that no part or parts thereof is or are occupied or used for any purpose not specified in any of the
said clauses ;
(m) all open lands which are not built upon ;
(n) buildings erected or which may be erected in an area, after the date on which the Bombay Buildings
Repairs and Reconstruction Board Act, 1969, came into force in such area ;
(o) any lands and buildings exempted from the payment of the cess before the appointed day under clause (m)
of Section 28(1)(n) of the Act .
(p) building which is subjected to repairs amounting to reconstruction as certified by Municipal Corporation.
Explanation.—In this section ‘building ’ means building as a whole, and not any part thereof or premises
therein taken separately.
SECTION 84. - ASSESSMENT BOOK MAINTAINED UNDER CORPORATION ACT TO CONTAIN ENTRIES
SHOWING CATEGORIES TO WHICH BUILDINGS LIABLE TO CESS BELONG AND OTHER PARTICULARS
(1) For the purpose of assessing the amount of cessleviable under this Chapter, the Municipal Commissioner shall,
in a Schedule appended to the assessment book maintained by him under Section 156 of the Corporation Act
(which shall be deemed to be a part of such assessment book) cause additional entries to be made showing the
Category to which every property on which the cess is leviable belongs and such other particulars as he deems
necessary.
Where a building is erected before the 1st day of September 1940, the building shall be classified as
belonging to Category A.
Where a building is erected between the period from the 1st day of September 1940 to 31st day of
December1950 (both inclusive), the building shall be classified as belonging to Category B.
Where a building comprised in any property is erected between the period from the 1st day of January ,
1951, to the day immediately preceding the date on which the provisions of the Bombay Building Repairs and
Reconstruction Board Act, 1969 are brought into force in the area in which the building is situated, the building
shall be classified as belonging to Category C.
Where a floor or any part of a building is constructed subsequently, the date of construction, area and other
description of such floor or part shall be shown separately.

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(2) Where additional entries regarding any land or building in existence in any area on the date on
which this Chapter comes into force are made for the first time, --------------------the Municipal
Commissioner shall give individual notice thereof to the person primarily liable for the payment of the
property taxes in the manner laid down in Sections 483 to 485-A (both inclusive) of the Corporation Act
 ---and also public notice thereof in the manner laid down in section 160 of that Act
 ------and of the place where the ward assessment book so amended, or a copy of it, may be
inspected.
When the first public notice is given, and whenever any such notice is given subsequently under the said
Section 160, the provisions of Sections 161, 162, 163, 164 and 165 as modified for the purpose of this Chapter by
sub-section (3) of this section, and of Sections 166 and 167 of the Corporation Act shall, ----------------so far as may
be, apply to such additional entries as they apply to the entry showing the amount of retable value and
other entries relating to any property entered in the assessment book, of which notice is given by the Municipal
Commissioner.
SECTION 85. – MUMBAI CORPORATION TO CREDIT CESS AMOUNT TO GOVERNMENT
Within a period of fifteen days from the date of recovery of the cess, the amount so recovered shall, after
deducting there from the amount equal to five per cent. of the amount of cess recovered by it, be paid by the
Mumbai Corporation to the State Government.
SECTION 86 - MUMBAI BUILDING REPAIRS AND RE-CONSTRUCTION FUND
(1) The proceeds of the cess collected and paid to the State Government by the Mumbai Corporation in pursuance
of the provisions of the last preceding section shall first be credited to the Consolidated Fund of the State ; and,
-----------after deducting the rebate payable to the Mumbai Corporation for the cost of collection, the remaining
amount shall, under appropriation duly made by law in this behalf, be transferred to the fund of the Authority.
There shall, however, be created a separate fund called [the Mumbai Building Repairs and Reconstruction Fund]
(in this Chapter referred to as " the Repairs Fund ") and
-----------the amount so transferred to the fund of the Authority shall be withdrawn therefrom and transferred to
such Repairs Fund.
(2) The amount transferred to the Repairs Fund under sub-section (1) shall be charged on the Consolidated Fund
of the State.
(3) The amount in the Repairs Fund shall be placed by the Authority at the disposal of the Board for being
expended for the purposes of this Chapter. The State Government may make rules regulating all matters
connected with the Repairs Fund, including the manner in which that Fund shall be maintained, operated and
expended.
SECTION 87. - DEFAULT OF MUMBAI CORPORATION IN COLLECTING OR PAYING CESS
(1) If the Mumbai Corporation makes default in the collection or payment to the State Government of any sums
due in respect of the cess, the State Government may, after holding such inquiry as it thinks fit, fix a period of
the collection or payment of such sum.

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(2) If the collection or payment of the sum is not made within the period so fixed, the State Government
may, direct any bank in which any moneys of the Mumbai Corporation are deposited or the person in charge
of the Government Treasury or of any other place of security in which the moneys of the Mumbai Corporation are
deposited to pay such sum from such moneys as may be standing to the credit of the Mumbai
Corporation in such bank or, as the case may be, in the hands of such person or as may from time to time be
received from or on behalf of the Mumbai Corporation by way of deposit by such bank or person; and such bank
or person shall be bound to obey such order.
(3) Every payment made pursuant to an order under sub-section (2) shall be a sufficient discharge to
such bank or person from all liability to the Mumbai Corporation in respect of any sums so paid by it or him out of
the moneys of the Mumbai Corporation so deposited with such bank or person.
SECTION 88. - BOARD TO UNDERTAKE STRUCTURAL REPAIRS TO BUILDINGS WHICH ARE IN RUINOUS
CONDITION ND LIKELY TO DETERIORATE & FALL
(1) Where the Board on consideration of the information given by the Municipal Commissioner, or its officer
authorizedfor the purpose, or other information in its possession, is satisfied that any building, which is
occupied by persons, is in such a ruinous or dangerous condition, that it is imminently likely to fall unless
structural repairs which will render it fit and safe for habitation, are urgently done, then in such cases, the Board
shall, undertake such repairs to that building.
(2) The Board may prepare a list of such buildings setting out the order of priority or urgency in respect of
which structural repairs are necessary, and may undertake simultaneously or in such order of priority the
structural repairs according to the exigencies of the case and its resources.
(3) If the Board is of opinion that—
(a) the cost of structural repairs to a building per square metre, will exceed such amount, as may be specified by
the State Government, by notification in the Official Gazette, to be the structural repairs cost per square metreor
(b) the cost of structural repairs to a building, per square metre, will exceed the amount specified under clause (a)
but the size of the land on which such building is standing is such that for some reason or the other it would not
be possible or economical to erect any new building thereon and there is an adjoining building but the cost of
structural repairs to such building, per square metre, -----------------------does not exceed the amount specified
under clause (a) then in cases falling under clause (a) or clause (i) the Board, may not consider such building
or buildings for repairs and may issue a certificate to the effect to the owner or owners thereof, as the
case may be, affix a copy of the relevant certificate in some conspicuous part of the building or buildings for the
information of the occupiers and proceed to take action as provided in this Chapter :
Provided that, in cases of special hardship, the Board may, on such terms and conditions as it may deem fit to
impose, consider a building for structural repairs even if the cost of such repairs is likely to exceed the limit
aforesaid :
Provided further that, where in any case the occupiers of a building undertake that they shall bear the cost of such
repairs which are in excess of the amount specified under clause (a) and abide by such terms and conditions for
payment of the excess cost to the Board as it may think fit to impose, the Board may carry out structural repairs
to such building.

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(4) The Municipal Commissioner shall, from time to time, send to the Board, full particulars of the
buildings which are in a ruinous or dangerous condition and the condition of which is such that they are likely to
fall if structural repairs are not urgently undertaken or in respect of which he has served notice under Section 354
of the Corporation Act, but the same have not been complied with.
SECTION 89. - PROCEDURE BEFORE UNDERTAKING STRUCTURAL REPAIRS
(1) Where the Board is satisfied under Section 88 that structural repairs are necessary to a building, the
Board shall give the owner thereof a notice of not less than fifteen days, informing that the Board intends to carry
out such repairs on and from a date specified in the notice, being a date which shall be after the expiry of the
period specified in the notice, and asking him to submit objections or suggestions, if any, thereto before the time
specified in the notice.
(2) The notice shall also require the owner to furnish to the Board a statement in writing signed by the
owner stating therein the names of all occupiers of the building known to him from his record, the approximate
area and location of the premises in occupation of each occupier and the rent, compensation or amount
(including permitted increases, if any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to which it relates and also
published by proclamation or near such building accompanied by a beat of drum for the information of the
occupier thereof and for giving them an opportunity to submit objections or suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers and all other persons interested in such
building shall be deemed to have been duly informed of the matters and contents stated in the notice.
(5) After considering the objections and suggestions received within the time aforesaid, the Board may decide to
carry the repairs with or without modification or may postpone the repairs for a certain period, or may cancel the
intention to repair.
(6) Where the Board has reason to believe that the building is immediately dangerous for habitation, the
notice may be returnable within 24 hours from the service thereof.
(7) The Board may, before giving any such notice or before the period of any such notice has expired, take such
temporary measures as it thinks fit to prevent danger to, or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub-section (1) or intentionally furnishes a
statement which is false in any material particular shall, on conviction, be punished with fine which may extend to
one thousand rupees.
SECTION 90. - TEMPORARY ACCOMMODATION PENDING STRUCTURAL REPAIRS
(1) Where the Board, before undertaking structural repairs to any building is of the opinion that all or any of the
occupiers thereof should temporarily vacate their premises till the repairs are completed, the board shall give

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them notice to vacate by a date or dates specified in the notice, and allot temporary accommodation to such
occupiers in any buildings maintained by the Authority for such purpose, at such places and to such extent as it
deems fit.
(2) Such temporary accommodation may not be in the same locality or of the same floor area as the premises
vacated by the occupiers.
(3) If any occupier fails to accept and occupy the accommodation allotted to him within one month from the date
of allotment, the responsibility of the Board to provide him with any accommodation shall cease.
(4) Subject to the next succeeding sub-section, such occupier shall, however, have a right to reoccupy his premises
in the building after it is repaired.
(5) The use and occupation of the temporary accommodation allotted to an occupier shall be free of charge, but
shall be subject to the payment of such service charges and such other terms and conditions as the Board may
from time to time determine.
(6) The occupire shall, on accepting the accommodation allotted to him, continue to pay the owner the rent
(including permitted increase, if any) in respect of the premises vacated by the occupier.
(7) Where an occupier does not accept the accommodation allotted by the Board, such occupier shall,
nevertheless be liable to continue to pay the owner the rent (including permitted increase, if any), of the premises
vacated by him, unless by giving proper notice to the owner, he surrenders his tenancy or other right.
(8) The occupier, whether he accepts the accommodation or makes his own arrangement, shall also be liable,
until his tenancy continues, to pay to the owner his proportionate contribution for the cess as if he had
not temporarily vacated the premises and shall be liable for all the consequences if he fails so to pay.
(9) Where an occupier does not vacate his premises, the Board may take or cause to be taken such steps and use
or cause to be used such force as may be reasonably necessary for the purpose of getting the premises vacated.
(10) The Board may, after giving fifteen clear days' notice to the occupiers who were required to vacate the
premises under sub-section (9) and affixing a copy thereof on or near the premises, in some conspicuous place,
remove or cause to be removed or dispose of by public auction any property remaining in such premises.
(11) Where the property is sold under sub-section (10), the sale proceeds shall, after deducting the expenses of
sale, be paid to such person or persons as may be entitled to the same :
Provided that, where the Board is unable to decide as to the person or persons to whom the balance of the
amount is payable or as to the apportionment of the same, it shall refer such dispute to a civil court of competent
jurisdiction, and the decision of the court shall be final.
(12) Where the work of carrying out structural repairs to any building is nearing completion or is
completed, the Board shall give notice to the occupiers concerned by affixing it in some conspicuous part of the
building and by sending it by post to the address which may have been registered with the Board by any occupier
and in such other manner as may be laid down in the regulations, that the building is likely to be or ready for
reoccupation from a date specified in the notice and that the occupiers should re-occupy their respective premises
in such building within a period of one month from such date.

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(13) If an occupier fails to re-occupy his premises within such period of one month, his tenancy or other
right in respect of such premises shall, notwithstanding anything contained in any contract or in the Rent Act or
any other law for the time being in force, be deemed to be terminated, and the owner shall be entitled to
possession thereof.
(14) If such occupier has accepted any temporary accommodation allotted to him under this section he
shall vacate the same forthwith, and if he does not vacate fortwith or within such time as the Board may permit in
writing, he shall be liable to be evicted therefrom under the provisions of Chapter VI of this Act as if such person
was in an unauthorized occupation of the Authority premises.
SECTION 91. - REPAIRS OR RECONSTRUCTION OF BUILDINGS WHICH SUDDENLY COLLAPSE OR BECOME

UNINHABITABLE
(1) Where a building suddenly collapses or becomes uninhabitable due to fire, torrential rain or
tempest or otherwise and all or any of the occupiers thereof are dishoused, the Board shall allot
temporary accommodation to such occupiers in any building maintained by the Authority for such purpose at
such places and to such extent as it deems fit, and the provisions of the last preceding section shall mutatis
mutandis apply as they apply in relation to occupiers of buildings which are undertaken to be structurally
repaired.
(2) In the case of any such building, if the Board is of the opinion that the building is capable of being
repaired and rendered fit for habitation at reasonable expense, the Board shall immediately undertake the
necessary repairs and the last preceding section and other provisions of this Chapter shall apply mutatis
mutandis to such repairs as they apply to structural repairs.
(3) Where the whole building collapses or is rendered uninhabitable, or the Board is of the opinion
that the building is not capable of being repaired and rendered fit for habitation at reasonable expense, the
Board may move the State Government to acquire the property under the provisions of this Chapter and take
necessary further action to construct a new building on the site to accommodate the dishoused occupiers and to
provide accommodation for other purposes specified in sub-section (2) of section 92.
(4) The provisions of succeeding section shall apply mutatis mutandis to the acquisition, reconstruction and
rehabilitation of occupiers of such buildings.
(5) Where the whole building collapses or is rendered uninhabitable, and is, therefore, not capable of
being repaired and rendered fit for habitation, and the property is not acquired under sub-section (3), then, no
plan for creating any new building on land on which such building was standing shallbe sanctioned by 1[the
Mumbai Corporation] unless a no objection certificate from the Board has been produced along with such plan
for erecting such building.
SECTION 92. - SUBMISSION OF PROPOSAL FOR ACQUISITION
(1) If in respect of any building the Board has issued a certificate under sub-section (3) of section 88, or the
Municipal Commissioner has under Section 354of the Corporation Act,--------------------issued a written

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notice requiring the owner or occupier thereof to pull down the building, with a view to preventing all cause of
danger therefrom, and
 the Board is of the opinion that such building is not capable of being repaired or rendered fit for
habitation at reasonable expense and
 is dangerous or injurious to the health or safety of the inhabitants thereof or, where the Mumbai
Corporation has under Section 354R of the Corporation Act passed a resolution declaring the area in
which any such building is situated as the clearance area,
----------------------------the Board may submit to the State Government a proposal to acquire the land, including a
proposal for issue of a clearance and compulsory acquisition order to clear and acquire the land with the existing
building in whatever condition thereon and for constructing a new building on the same site, and simultaneously
prepare plans and estimates for these purposes.
(2) In preparing the plans and estimates of the building to be reconstructed, it shall be the duty of the Board to
see that all the occupiers in the building proposed to be demolished shall, as far as practicable, be provided in the
reconstructed building accommodation with a floor area equivalent to their floor area in the old building :
Provided that, in the case of an occupier of a residential tenement the floor area of the accommodation in the
reconstructed building, shall not be less than the 20.90 square metres and more than the 70 square metres.
(3) Those dishoused occupiers who cannot be so accommodated in the reconstructed building shall be provided
with alternative accommodation in any building maintained by the Authority for such purpose or in any new
building constructed by the Authority wherein surplus accommodation is available.
(4) After making provision for the matters aforesaid, if there is any surplus area in the new building, it may be
utilised by the Board for such other purposes as it deems fit, with a view to reducing the incidence of instalments
towards the price of the tenements] on the occupiers of residential tenements by maximum exploitation of such
surplus area for other purposes.
(5) If in respect of any building,—
(a) the Municipal Commissioner has under section 354 of the Corporation Act already issued a
written noticebefore the date on which the provisions of this Chapter are brought into force in the area in
which such building is situate requiring the owner or occupier thereof to pull down the building with a view
to preventing all cause of danger therefrom, and such notice has not been complied with (except for purposes
beyond his control) before the date aforesaid, or
(b) the Municipal Commisioner issues under the said section 354 of the Corporation Act a written
notice within nine months from the date on which the provisions of this Chapter are brought into force in the
area in which such building is situated requiring the owner or occupier thereof to pull down the building,
---------------------------------with a view to preventing all cause of danger therefrom, and such notice is not
complied with (except for reasons beyond his control) before the date specified in such notice). the Board
may, notwithstanding anything contained in sub-section (1), move the State Government to acquire the
property under this Chapter immediately and take necessary further steps for demolishing the
building, clearing the site and constructing a new building on the same site.
The provisions of this Chapter shall apply mutatis mutandis to the acquisition, reconstruction and
rehabilitation of occupiers of such building as they apply to any other building except that the occupiers

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of such building shall as far as practicable, be accommodated in the reconstructed building or any other
building maintained by the Authority, subject to such terms and conditions as the Board may, with the
previous sanction of the Authority, specify.
SECTION 93. - CLEARANCE AND COMPULSORY ACQUISITION
(1) The State Government is satisfied about the reasonableness of the proposal and of the resources available
with the Board for constructing a new building, it may approve the proposal and communicate its approval to the
Board.
(2) On receipt of the Government approval, the Board shall forward the acquisition proposal to the Land
Acquisition Officer for initiating land acquisition proceedings.
(3) On receipt of the acquisition proposal from the Board, the Land Acquisition Officer shall publish
simultaneously in the Official Gezette, and in at least four newspapers circulating within Brihan Mumbai a
notice stating the fact of such proposal having been made by the Board and approved by the Government and
alternative accommodation proposed to be provided to the occupiers affected by the proposal and the time before
which the building must be vacated.
(4) The Land Acquisition Officer shall serve the noticeon the occupiers and owner of the building and, so
far as it is reasonably practicable to ascertain such persons, on every mortgagee of the building, and call upon
them to submit objections and suggestions, if any, why the land should not be acquired, so as to reach him on or
before a date specified in the notice.
(5) On considering the objections and suggestions and on giving a reasonable opportunity of being
heard to the persons affected by the proposal, the Land Acquisition Officer may sanction the proposals with
or without any modification (the modifications being approved by the Board) and shall publish a notification
in the Official Gezette fixing a date on which the proposal as approved shall become operative and the land
specified therein, shall, on and from the date of such publication, vest absolutely in the Board on behalf of the
Authority free from all encumbrances.
(6) The notification published under sub-section (5) shall be sufficient authority for the Collector to give
notice to the person in possession of the landto surrender or deliver possession thereof within a specified
period and -
 on his refusal or failure to do so to take possession of the land and for that purpose to use such force as
may be necessary, and
 to hand over possession thereof to the Board, and for the Board to take further action to get the building
vacated in accordance with the next succeeding sub-sections.
No person interested in the land shall have any right to object to taking such possession or to vacating of the
building merely on the ground that the amount of acquisition has not been fixed or paid.
(7) After the proposal becomes operative, the occupiers of the building shall vacate their premises within the
time allowed for that purpose under the proposal.

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(8) After expiry of the time referred to in sub-section (7), the Board shall, for the purpose of vacating the
building or such part thereof, as has remained occupied take or cause to be taken such steps and use or cause to
be used such force as may in the opinion of the Board be reasonably necessary therefor.
(9) The Board may, after giving seven clear days’ notice to the persons evicted under sub-section (8), remove or
cause to be removed or dispose of by public auction any property remaining in such building.
(10) Where the property is sold under sub-section (9), the sale proceeds shall, after deducting the
expenses of sale, be paid to such person or persons as may appear to the Board to be entitled to the same :
Provided that, where the Board is unable to decide as to the person or persons to whom the balance of the
amount is payable or as to the apportionment of the same, it shall refer such dispute to a civil court of competent
jurisdiction, and the decision of the court shall be final.
(11) After the building is completely vacated, the Board shall proceed to construct a new building on the site
according to the proposal.
SECTION 94. - TEMPORARY AND ALTERNATIVE ACCOMMODATION TO AFFECTED OCCUPIERS WHERE

PROPERTY IS ACQUIRED
(1) Where the Board requires the occupiers of any building to vacate their premises to enable it to
construct a new building on the land acquired under this Chapter, the Board shall allot temporary
accommodation to such occupiers in any building maintained by it for such purpose, at such places and to such
extent as it deems fit. The accommodation may not be in the same locality or of the same floor area as the
premises vacated by the occupiers.
(2) If any occupier fails to accept and occupy the accommodation alloted to him within one month from the
date of allotment, the responsibility of the Board to provide him with any temporary accommodation shall cease.
(3) Every occupier shall, with effect from the date on which the land vests in the Authority, until he vacates the
premises, pay the rent of such premises to the Board at the same rate at which he was paying it (including
the permitted increases, if any) to the owner.
(4) Where the temporary accommodation allotted to any occupier is accepted by him, he shall pay to the Board
on behalf of the Authority rent for such accommodation at such rate as the Board may fix in this behalf.
(5) Subject to the provisions of this section, every occupier whether or not he accepts temporary
accommodation, shall have a right to get such accommodation in the new building free of cost.
Occupiers of the new building shall be required to form a co-operative housing society under the Maharashtra Co-
operative Societies Act, 1960. The ownership of the new building shall then be transferred by the Board in the
name of such cooperative housing society of the occupiers.
(6) If any occupier of a new building, after accepting and occupying the accommodation allotted to him, fails
to become a member of the co-operative housing society formed by the occupiers of such building
within a period of three months from the date of allotment or the date specified by the Board, the right of such
occupier to get such accommodation shall stand forfeited and the occupier, who is occupying the new
accommodation, shall be liable for eviction and the responsibility of the Board to provide him any
accommodation shall cease.

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SECTION 95. - TEMPORARY AND ALTERNATIVE ACCOMMODATION TO CERTAIN AFFECTED OCCUPIERS

WHERE PROPERTY IS NOT TO BE ACQUIRED
If, for any reason in respect of any building the Board decide not to move the State Government to acquire the
property under sub-section (3) of section 91 or under Section 92 or the State Government decides not to approve ;
---------------------the proposal under sub-section (1) of Section 93 and all or any of the occupiers in any such
buildings are dishoused or required to vacate their premises, the Board may, where possible, allot temporary and
alternative accommodation to such occupiers in any building maintained by Authority at such place and to such
extent as it deems fit, in accordance with the provisions of the last preceding section, so far as they may be
applicable :
Provided that, in the case of temporary accommodation, such occupiers shall be required to pay to the Board on
behalf of the Authority rent including service charges, if any, for such accommodation from the date the Board
decides not to move the State Government to acquire the property or the State Government decides not to approve
the proposal or from the date of occupation of the allotted accommodation, whichever is later.
SECTION 95-A. - SUMMARY EVICTION OF OCCUPIERS IN CERTAIN CASES
(1) Where the owner of a building or the members of the proposed co-operative housing society of the occupiers
of the said building, submits a proposal to the Board for reconstruction of the building, after obtaining the
written consent of not less than 70 per cent. of the total occupiers of that building and a No Objection Certificate
for such reconstruction of the building is issued by the Board, to the owner or to the proposed co-operative
housing society of the occupiers, as the case may be, then it shall be binding on all the occupiers to vacate the
premises :
Provided that, it shall be incumbent upon the holder of such No Objection Certificate to make available to all the
occupants of such building alternate temporary accommodation.
(2) On refusal by any of the occupant to vacate the premises as provided in sub-section (1), on being approached
by the holder of such No Objection Certificate for eviction of such occupiers, it would be competent for the Board,
notwithstanding anything contained in Chapters VI and VII of this Act, to effect summary eviction of such
occupiers.
(3) Any person occupying any premises, land, building or structure of the Board unauthorisedly or without
specific written permission of the Board in this behalf shall, notwithstanding anything contained in Chapters VI
and VII of this Act, be liable for summary eviction.
(4) Any person who refuses to vacate such premises or obstructs such eviction shall, on conviction, be punishable
with imprisonment for a term which may extend to one year or with fine which may extend to five thousand
rupees, or with both.
SECTION 96. - AMOUNT OF ACQUISITION
On publication of the notification Section 93, the Land Acquisition Officer shall determine the amount of
acquisition in accordance with the provisions of Chapter V.

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SECTION 97. - CONTRIBUTION BY STATE GOVERNMENT MUMBAI CORPORATION AND AUTHORITY
(1) The State Government shall, under appropriation duly made by law in this behalf, pay an annual contribution
to the Authority equal to the amount of cess recovered during that year, and the Mumbai Corporation shall pay
the annual contribution of rupees ten crores to the Authority.
(2) The Authority from its own funds shall pay an annual contribution of rupees ten crores to the Board for the
purpose of reconstruction of the buildings.
SECTION 98. - DISPOSAL OF MONEYS RECEIVED BY THE BOARD
The moneys placed at the disposal of the Board by the Authority under this Chapter shall be applied for the
purposes of this Chapter.
SECTION 99 - ASSISTANCE FROM 1[MUMBAI CORPORATION
(1) The Mumbai Corporation shall render such help and assistance, and furnish such information to the
Board as the Board may, from time to time, require for carrying out its duties and functions, and shall make
available to the Board for inspection and examinations such records, maps, plans, and other documents as may be
necessary for the performance and discharge of its duties and functions.
(2) The Mumbai Corporation shall, on demand, make available copies of assessment rolls and other relevant
documents in connection with assessment of its taxes. Such copies shall be duly certified by an officer of the
Mumbai Corporation as may be authorised in this behalf.
SECTION 100. - RELAXATION OR MODIFICATION OF CERTAIN PROVISIONS OF CORPORATION ACT OR

REGIONAL AND TOWN PLANNING ACT, IN CASE OF BOARD’S RECONSTRUCTION PROPOSALS
The State Government may, having regard to the necessity of providing alternative accommodation to
occupiers, who have been, or are likely to be, dishoused on account of any reconstruction proposal or proposals
undertaken by the Board under this Chapter, after consultation with the Mumbai Corporation by general or
special order, relax all or any of the provisions aforesaid in the case of any such proposal or class of
proposals, or may by like order direct that any such provisions shall apply to any such proposal or class of
proposals, subject to such modifications or conditions as it may specify in the order.
SECTION 101. - PROCEDURE FOR GIVING NOTICE AND OBTAINING PERMISSION FOR BUILDING TO BE
REPAIRED OR RECONSTRUCTED BY BOARD
(1) If in respect of any building to be repaired or reconstructed by the Board, any notice is required to be given
or any application is to be made and the approval, sanction, consent or permission otherwise of that Municipal
Commissioner or any other authority is required to be obtained under any of the provisions mentioned in
the last preceding section, the necessary permission shall be deemed to have been obtained by the Board if
the Board gives a reasonable notice of the proposed work to the Municipal Commissioner or other authority
concerned before the work is commenced.
(2) Such notice shall be accompanied by plans and other relevant documents and information.

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(3) After receipt of such notice and after making such inquiry as may be deemed necessary, the Municipal
Commissioner or other authority may, within a period of thirty days, submit to the State Government a statement
in writing of any objections or suggestions which he or it may deem fit to make with reference to the proposed
work.
(4) Every objection or suggestion so submitted shall be considered by the State Government, which shall, after
such investigation (if any) as it shall think advisable, pass orders thereon, and the work shall be carried out in
accordance with such orders.
SECTION 102. - SAVING OF POWERS OF OTHER AUTHORITIES AND PERSONS TO CARRY OUT REPAIRS
AND REIMBURSEMENT OF COST FOR STRUCTURAL REPAIRS IN CERTAIN CASES
(1) Nothing in this Chapter shall affect the powers of the Municipal Commissioner or any other
authority or the rights or liabilities of any person (including the owner or any occupier) in respect of the
following activities -
a) to carry out any repairs to any building, or
b) to execute any works thereon or to take any other action in respect of such building authorized under
Sections 257, 354, 377A, 381, 489 or 499 or any other provisions of the Corporation Act, or under section 10D
or 10E or any other provisions of the Rent Act, or under the provisions of any other law for the time being in
force,
----------------in so far as the said repairs, works or action does not require any structural repairs ; and
---------------- in so far as they do require structural repairs, until such repairs undertaken by the Board :
Section 257 -
Section 354 -
Section 377A -
Section 381 -
Section 489 -
Section 499 -
Section 10D -
Section 10E -
Provided that, if any occupier of a building seeks the approval of the Municipal Commissioner under
section 499 of the Corporation Act, for carrying out structural repairs in respect of any such building, such
approval may be given by the Municipal Commissioner only after consultation with the Board, but the occupier
shall not be entitled to recover from the owner under the said section 499 the expenses incurred by him on any
such structural repairs :

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Provided further that, during the period this Chapter is in force, the provisions of section 10D and 10E of the Rent
Act, shall not apply to any building, in so far as they relate to buildings undertaken or proposal to be undertaken
by the Board for structural repairs.
(2) If, while carrying out any repairs, or executing any works or taking any action referred to in sub-section (1), it
becomes necessary for the Municipal Commissioner or any other authority or any person to carry out structural
repairs also, and the Municipal Commissioner or such authority or person desires that the cost of the structural
repairs should be paid by the Board, the Municipal Commissioner or such authority or person, as the case may be,
shall obtain the previous sanction of the Board for such repairs. The Board may give such sanction on such terms
and conditions as it may deem fit to impose, having regard to the priority, if any, assigned to the building under
sub-section (2) of section 88 and availability of resources ; or may not agree to give such sanction.
(3) Where sanction is given under sub-section (2), it shall be lawful for the Board to pay the cost of the structural
repairs actually carried out in lump sum or by installments or according to the progress of the work from time to
time as it may deem fit.
(4) When the Board pays the cost of the structural repairs in full, or when a period of three months elapses after
the Board has paid not less than seventy-five per cent. of such cost, whichever is earlier, the building shall be
deemed to be structurally repaired by the Board under this Chapter.
SECTION 103 - REVIVAL OF OWNER’S DUTY TO CARRY OUT TENANTABLE REPAIRS
On and after the appointed day, the provisions of Section 23 of the Rent Act shall cease to be
suspended, shall stand revived and shall be enforced and have full effect again. Accordingly, notwithstanding
anything contained in this Chapter, the owner of every building shall be bound to keep the premises let to any
occupier in good and tenantable repair as required by section 23 of the Rent Act
SECTION 103A. - APPLICATION OF CHAPTER VIII-A TO CERTAIN BUILDINGS
This Chapter shall come into force on and from the commencement of the Maharashtra Housing and
Area Development (Second Amendment) Act, 1986, and shall apply to all the cessed buildings which are
erected before ; the 1st day of September 1940 and are classified as belonging to Category “A” under Section
84(1):
Section 84(1):- -
Provided that, nothing in this Chapter shall apply to any cessed building belonging to Category “A” if, on the date
of commencement of the Maharashtra Housing and Area Development (Second Amendment) Act, 1986, out of the
total number of occupiers of such building, fifty per cent. or more occupiers are using the tenements or premises
in their possession for commercial or non residential purpose.
Explanation.—For the purposes of this section, any such building where a floor or any part of a building is
constructed subsequently and such floor or part is not separable, shall be deemed to be a building belonging to
Category “A”
SECTION 103B. - ACQUISITION OF CESSED PROPERTY FOR CO-OPERATIVE SOCIETIES OF OCCUPIERS

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(1) A co-operative society formed or proposed to be formed under the provisions of the Maharashtra
Co-operative Societies Act, 1960, by not less than seventy per cent. of the occupiers in a cessed building may
--------by written application request the Board to move the State Government to acquire the land together with
the existing building thereon or
 where the owner of the building does not own the land underneath or appurtenant to such building but holds
it as a lessee or licensee, or
 where any person holds the building or the land underneath or appurtenant to such building or both under a
lease or licence, then to acquire the right or interest of such owner or person in or over,
-------------------such building or land or both as lessee or licensee together with the existing building thereon
(hereinafter in this Chapter referred to as "the land"), in the interest of its better preservation or for
reconstruction of a new building in lieu of the old one and-----------intimate their willingness to pay the
amount of such acquisition as may be determined under the provisions of this Chapter and to carry out
the necessary structural and other repairs or, wherever necessary, to reconstruct a new building, as the case
may be, at their own cost.
Explanation I.—In this section the expression, seventy per cent. of the occupiers means the seventy per
cent. of the occupiers on the date of commencement of the Maharashtra Housing and Area Development (Second
Amendment) Act, 1986, and include their successors in interest or new tenants inducted in place of such
occupiers, but does not include the owner or the occupiers inducted by virtue of creation of any additional
tenancies or licences by the owner after the date of commencement of the aforesaid Act.
Explanation II.—Any suit or proceeding for recovery or possession of tenement or premises or part
thereof, initated against the occupier in any court or before any authority whether, before or after making an
application under this sub-section, shall not affect the right of such occupier to join or to continue as a member of
the co-operative society of the occupiers of the building, but his membership of such cooperative society shall be
subject to the final decision in such suit or proceeding:
Provided that, if in the meantime before the final decision in such suit or proceeding, the acquisition
proceedings under this Chapter are completed and the land is conveyed to the co-operative society of the
occupiers under sub-section (7), the claim for possession made in such suit or proceeding, at any stage where it is
pending on the date of execution of such conveyance, shall abate.
(2) On receipt of the application made under sub-section (1), the Board shall after due verification and
scrutiny, approve the proposal if it considers that it is in the interest of better preservation of the
building or to be necessary for reconstruction of a new building and shall direct the co-operative society,
whether registered or proposed, to deposit with the Board within the period specified by it in that behalf thirty
per cent. of the approximate amount that would be required to be paid to the owner if the land is acquired and
give intimation in that behalf to the owner.
(2A) Where after the date of application made under sub-section (1),—
(a) any owner has undertaken the work of any repairs to the building ; or
(b) the percentage of the occupiers who had initially agreed to become members of the co-operative society
formed under sub-section (1) is reduced to less than seventy per cent. of the occupiers as a result of some
members opting out, or due to the number of additional tenancies or licences created in the building
thereafter or due to any other reason whatsoever, then the power of Board to approve the proposal shall

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not be affected, and the Board shall approve the proposal and direct the co-operative society to deposit the
approximate amount as required under sub-section (2).
(3) On receipt of the amount of deposit as provided in sub-section (2), the Board shall submit to the State
Government a proposal to acquire the land for the aforesaid purpose.
(4) If on receipt of an acquisition proposal under sub-section (3), the State Government is satisfied about the
reasonableness of the proposal, it may approve the proposal and communicate its approval to the Board.
(5) On receipt of the Government approval, the Board shall forward acquisition proposal to Land Acquisition
Officer for intiating an acquisition proceedings in accordance with the provisions of sub-sections (3), (4) and
(5) of section 93 and section 96 of this Act:
Provided that, where any proceedings for acquisition of land are so initiated the notice to be published under sub-
section (3) of section 93 in respect thereof need not contain any statement regarding provision of any alternative
accommodation to occupiers in such land :
Provided further that, where the proposal involves acquisition of the right or interest of the lessee or licencee in or
over the building or land as referred to in sub-section (1), then such building or land on its transfer by the
Authority to the co-operative society under sub-section (7), shall be held by the co-operative society on lease or
licence, as the case may be, subject, however, to the following conditions, namely :—
(i) where there is a subsisting lease or licence, on the same terms and conditions on which the lessee or
licensee held it, and
(ii) where the lease or licence has been determined or where the lessee or licensee has committed breach
of the terms and conditions of the lease or licence, as the case may be, on the fresh terms and conditions,
particularlyin regard to the period of lease or licence and rent as may be stipulated by the owner of the
land.
(5A) Where acquisition proceedings have been initiated as provided in sub-section (5) and a notification under
sub-section (5) of section 93 is published, the Collector shall take and hand over possession of the land to the
Board in accordance with the provisions of sub-section (6) of section 93.
(6) After the land is vested absolutely in the Board on behalf of the Authority free from all encumbrances and the
amount to be paid to the owner is determined, the Board shall require the society to get itself registered if it is not
registered till then and to deposit the remainder of the amount to be paid to the owner with the Land Acquisition
Officer.
The Board shall simultaneously pass on the amount deposited by the co-operative society with it to the Land
Acquisition Officer. The Land Acquisition Officer shall thereupon make the payment of the amount for acquisition
or deposit the same in the court as provided in section 46.
(7) Subject to the provisions of sub-section (6), the Authority shall convey the land acquired under this section to
the co-operative society of the occupiers thereof with its right, title and interest therein and execute without
undue delay the necessary documents in that behalf.
SECTION 103C - PROHIBITION ON TRANSFER OF LAND OR BUILDING BY SOCIETY

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(1) After the land is transferred to the co-operative society under sub-section (7) of section 103B, the society shall
use the same for the purpose for which it was used before its acquisition by carrying out structural repairs to
building thereon or reconstruction of new building in lieu of existing building, as the case may be, as provided in
this Chapter and for no other purpose.
(2) Save as otherwise expressly provided in this Chapter and notwithstanding anything contained in any law for
the time being in force, no co-operative society shall transfer such land or building or interest therein, or no
member or tenant of the co-operative society shall transfer his interest in any tenement by sale, gift, exchange,
leave and licence, assignment or lease; and any such transfer by way of sale, gift, exchange, leave and licence,
assignment or lease by the co-operative society of any land vesting in it by under the provisions of this Chapter or
tranfer by the member or tenant of his interest as aforesaid shall be void.
(3) If the co-operative society contravenes the provision of sub-section (1) or enters into any transaction which is
void under sub-section (2), or if the society is not functioning, it shall be lawfull for the Authority to resume such
land and building from such society after making full payment to the society, of the amount of the acquisition
which the society has paid for such land and building and upon such resumption to transfer the same to any other
cooperative society of the occupants of the tenements in the transit camp provided by the Authority, on payment
of the acquisition price which was paid by the co-operative society for whom the land was acquired.
(4)
(a) Any person who enters into any transaction which is void under sub-section (2) shall— (i) if he is a member of
the co-operative society, cease to be such member and be evicted; (ii) if he is a tenant, then notwithstanding
anything contained in the Rent Act, be evicted.
(b) Any person claiming through such member or tenant shall also be liable to be evicted;
SECTION 103E -NON-MEMBER OCCUPIERS ENTITLED TO CONTINUE IN TENEMENTS OF CO-OPERATIVE

SOCIETY
(1) The occupiers of tenements in the building acquired for the co-operative society who do not become the
members of the co-operative society shall, subject to the provisions of the first proviso, be entitled to continue in
their tenements as tenants of the co-operative society after the building has been conveyed to the co-operative
society on the same terms and conditions on which they were occupying them from the owner of the building :
Provided that, the co-operative societies shall be entitled to recover, in addition to rent, from such
occupiers and such occupiers shall be liable to share and pay proportionately towards any expenditure
that may be incurred by the society on structural repairs of the buildings or towards the service charges and
additional amenities or facilities provided in the building:
Provided further that, if the owner himself is one of the occupiers in the building and he does not become the
member of the co-operative society, he may, subject to the provisions of the first proviso and sub-section (2) to (7),
continue to occupy the premises occupied by him on payment of standard rent, if any fixed, or where no standard
rent is fixed on such other rent and on such other terms and conditions as may be mutually agreed between the
owner and the co-operative society.
(2) Where in a co-operative society the owner referred to in the second proviso to sub-section (1) becomes a
tenant and he considers that the rent demanded by the co-operative society is excessive, such owner may apply to
the Court of Small Causes, Bombay for fixing the standard rent of his tenement, but such owner shall,
notwithstanding anything contained in the Rent Act, or any other law for the time being in force, continue to pay

lOMoARcPSD|18208158
to the society, the rent demanded by it and failure of such owner to pay to the society such rent, the Court shall
not proceed to fix the standard rent under this sub-section until such owner pays to the society such rent.
Explanation.—For the purposes of this sub-section, the expression “standard rent” includes the increase in rent
permitted under the provisions of the Rent Act.
(3) Where the Court has fixed the standard rent under sub-section (2) and it finds that the rent demanded by the
co-operative society from such owner is unresonably excessive the Court may order payment of simple interest at
the rate of six per cent. per annum on the amount of difference between the standard rent and the rent demanded
and received by the co-operative society from such owner.
Explanation.—For the purposes of this sub-section where a difference between the standard rent and the rent
demanded by the co-operative society is more than twenty-five per cent. the rent demanded by the co-operative
society shall be deemed to be unreasonably excessive.
(4) Any amount in excess of the standard rent fixed by the Court under sub-section (2) or standard rent referred
to in sub-section (6), received by the co-operative society shall, at the option of such owner, be adjusted towards
the payment of future rent by such owner or refunded to him.
(5) An application under sub-section (2) may be made jointly by all or any of the owners interested in respect of
the tenements situated in the same building.
(6) No Court shall upon an application or in any suit or proceeding fix the standard rent of any tenement under
sub-section (2) or entertain any plea that the rent is excessive, if the standard rent in respect of the same
tenement has been duly fixed by a competent court on the merits of the case, without any fraud or collusion of an
error of the fact, and there has been no structural alteration or change in the amenities or in respect of any other
factors which are relevant to the fixation of the standard rent.
(7) The decision of the Court under sub-section (2) or (3) shall be final and conclusive and shall not be called in
question in any Court. 103F. Save as otherwise expressly provided in this Chapter and notwithstanding anything
contained in section 5 of this Act, the provisions of the Rent Act shall apply to the premises in the land and
buildings owned by the co-operative societies formed and registered in pursuance of the provisions of this
Chapter.
SECTION 103G - CERTAIN OCCUPIERS TO BE ACCOMMODATED IN TRANSIT CAMPS
The occupiers of any building who have not joined the co-operative society may, if they so desire but subject to
the availability of tenements with the Board, be accommodated by the Board in tenements in transit camps,
constructed by the Board on economic rent and on such other terms and conditions as may be determined by the
Board.
SECTION 103I - RECONSTRUCTION OF NEW BUILDING BY CO-OPERATIVE SOCIETY
(1) In preparing the plans and estimates of the building to be reconstructed it shall be the duty of the co-
operative society to see that all the occupiers in the building proposed to be demolished who have joined the co-
operative society shall, as far as practicable, be provided in the reconstructed building accommodation with a
floor area equivalent to their floor areas in the old building, but in no case exceeding seventy square metres of
plinth area to any occupier

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(2) Where the co-operative society proposes to carry out structural repairs to the building or any part
thereof is required to be vacated, or to reconstruct a building and the building is required to be
demolished,--------------------the occupiers thereof, on being called upon by a notice in writing by the
cooperative society, shall vacate the tenements in their occupation within the period specified in such notice,
and upon failure of the occupiersto so vacate the tenement, -------------------the co-operative society may
request the Board to take or cause to be taken necessary steps to evict such occupiers from the buildings and on
receipt of such request the Board may take or cause to be taken necessary steps to get the building or part
thereof, as the case may be, vacated
Where an occupier to whom the Board has served a notice to vacate the premises in his occupation fails to vacate
the same within the period specified in such notice, the Board may use or caused to be used such force as may
resonably, be necessary therefor.
(3) The co-operative society shall, reserve and allot, in the new building such percentage as is specified
in the Third Schedule to this Act of the surplus area in the new building determined on the basis of the
difference between the floor space index availed of by it while reconstructing the building and the floor space
index that had been utilized in the construction of the old building, for housing such dishoused occupier from
other cessed demolished buildings as may be nominated by the Board and upon such nominations, the nominated
occupiers shall be accepted by the co-operative society as its members in acccordance with its bye-laws, and shall
not dispose of tenements covered by such reserved surplus area to others.
If any tenements are rendered surplus because of any of the occupiers in the old building not joining the co-
operative society the percentage as is specified in the Third Schedule to this Act of the surplus area to be made
available to the Board in the new building for allotment to other dishoused occupier shall be determined on the
basis of the difference between the total floor area constructed in the new building and the area to be occupied
therein by the participating occupiers in the old building. Such surplus tenement to be allotted to dishoused
occupiers from the other cessed buildings which are demolished and who are nominated by the Board shall be
allotted to them by the co-operative society after receiving from them such amount as may be determined by the
State Government.
(4) The co-operative society may allocate the area for officers, shops, commercial tenements, or any other non-
residential use in the new building only to the extent of the area occupied in the old building for the said purposes.
(5) The list of occupiers in the old building as also the area of the tenement therein shall be certified by
the Board after such consultation with the cooperative society and the occupiers of the tenements concerned, as
may be necessary. The area of the tenement shall be determined having regard to the provisions of the
Development Control Rules applicable in the area and after taking into account any specific area or part thereof
as might be permited by Government for the purpose. The Board shall inform the occupiers about the area so
determined.
(6) If there is a dispute as to who is the lawful occupier of the tenements in the old building, the parties
shall be directed to get the disputes determined by the competent court of law. Allotment of a transit
accommodation to a person actually in occupation of such tenement or in a tenement in a building shall not be
deemed to have decided the issue and such allotment shall be without prejudice to the respective rights of the
dispute parties.
(7) Any occupier aggrieved by the determination of the area of a tenement may, within thiry days from
the date of receipt of the communication in that behalf, prefer an appeal to an officer specified by the Authority

lOMoARcPSD|18208158
for the purpose. The decision of such appellate officer shall be final and conclusive and shall not be called in
question in any Court.
SECTION 103J - PROTECTION TO OCCUPIERS OR ALLOTTEES
If the co-operative society unauthorizedly allots to any person any tenement which is to be allotted under the
foregoing provisions to a dishoused person from the building reconstructed or to a dishoused person from the
other cessed demolished buildings by nomination by the Board, such unauthorised allotment shall,
notwithstanding anything contained in any law for the time being in force, be treated as invalid for all purposes
and the Authority shall be competent to evict such unauthorized allottee by taking action under section 66 of this
Act as if the premises so allotted were Authority premises and allot such premises to the person to whom they
should have been allotted.
SECTION 103K - BOARD FOR PURPOSES OF THIS CHAPTER
(1) The Mumbai Repairs and Reconstruction Board] established under section 18 of this Act shall be the Board for
the purposes of carrying out the purposes of this Chapter.
(2) Subject to the superintendence, direction and control of the Authority, the Board shall exercise such of the
powers and perform such of the duties and functions conferred on it under Chapter VIII as may be necessary for
the performance of its duties and functions under this Chapter.
SECTION 103L - OVERRIDING EFFECT OF CHAPTER VIII-A
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any
other provisions of this Act, or any other law for the time being in force or in any agreement, contract, judgement,
decree or order of any Court or Tribunal.
SECTION 103M. - POWER TO REMOVE DIFFICULTIES
If any diffculty arises in giving effect to the provitions of this Chapter, during the period of two years from the date
of commencement of the Maharashtra Housing and Area Development (Second Amendment) Act, 1986, the State
Government may, as occasion arises, by order do anything not inconsistent with such provisions, which appears to
it to be necessary.

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(4) THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966

Definitions, Sections 43-51, 52- 58, 125 – 129
CHAPTER I. PRELIMINARY.
SECTION 1 - SHORT TITLE, EXTENT AND COMMENCEMENT.
(1) This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette,
appoint but the State Government may if it thinks fit bring different provisions of this Act into force at different
times.
SECTION 2 - DEFINITIONS.
In this Act, unless the context otherwise requires,—
(3) “ Appropriate Authority” means any public authority on whose behalf land is designated for a public purpose
in any plan or scheme and which it is authorised to acquire ;
(4) “ Arbitrator ” means a person appointed as the Arbitrator for the purposes of any scheme or schemes under
section 72 ;
(5) “ Building operations” includes erection or re-erection of a building or any part thereof, roofing or re-roofing
of any part of a building or of any open space, any material alteration or enlargement of a building, any such
alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially
affect its security or the construction of a door opening on any streets or land not belonging to the owner ;
(5A) “Compounded structure” means an unauthorized structure, in respect of which the compounding charges
as levied by the Collector under the provisions of sub-section (2B) of section 18 are paid by the owner or occupier of
such structure and which, upon such payment, has been declared as such by the Collector ;
(6) “Court” means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the principal civil court of
original jurisdiction; and includes any other civil court of a Judge of Senior Division or a Judicial Officer empowered
by the State Government to perform the functions of the court under this Act within the pecuniary and local limits
of its jurisdiction;
(7) “Development” with its grammatical variations means

lOMoARcPSD|18208158
a)the carrying out of buldings, engineering,

b)mining or other operations in or over or under, land or
c) the making of any material change, in any building or land or in the use of any building or land or
d)any material or structural change in any heritage building or its precinct and
e) includes demolition of any existing building, structure or erection or part of such building,
f) structure of erection; and reclamation, redevelopment and lay-out and sub-division of any land; and
g)“to develop” shall be construed accordingly;
(8) “Development Authority” means a New Town Development Authority constituted or declared under Section
113;
(9) “Development plan” means a plan for the development or re-development of the area within the jurisdiction
of a Planning Authority and includes revision of a development plan and proposals of a special planning
Authority for development of land within its jurisdictions;
(9A) “Development right” means right to carry out development or to develop the land or building or both and
shall include the transferable development right in the form of right to utilize the Floor Space Index of land
utilizable either on the remainder of the land partially reserved for a public purpose or elsewhere, as the final
Development Control Regulations in this behalf provide;
(10) “ Director of Town Planning” means the officer appointed by the State Government as the Director of Town
Planning.
(11) “Engineering operations ” includes the formation or laying out of a street or means of access to a road or
laying out of means of water-supply, drainage, electricity, gas or other public service;
(12) “ Existing-land-use map” means a map indicating the use to which lands in any specified area are put at the
time of preparing the map;
(13) “ Final plot” means a plot allotted in a final town planning scheme;
(13A) “ Floor Space Index” means the quotient or the ratio of the combined gross floor area to the total area of
the plot, viz :—
Total covered area of all floors
Floor Space Index
Plot area
(13B) “Heritage building” means a building possessing architectural, aesthetic, historic or cultural values which
is declared as heritage building by the Planning Authority in whose jurisdiction such building is situated;
(13C) “ Heritage precinct” means an area comprising heritage building or buildings and precincts thereof or
related places;

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(15) “Local authority ” means—
(a) the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act or the
Nagpur Municipal Corporation constituted under the City of Nagpur Corporation Act, 1948, or
any Municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949,
(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965,
(c)
(i) a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961,
(ii) the Authority constituted under the Maharashtra Housing and Area Development Act, 1976,
(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936, which is
permitted by the State Government for any area under its jurisdiction to exercise the powers of a Planning
Authority under this Act;
(16) “Local newspaper ” in relation to any area within the jurisdiction of a Regional Planning Board, Planning
Authority or of a Development Authority, means any newspaper published or circulating within that area;
(17) “ Occupier ” includes a tenant, an owner in occupation of, or otherwise using his land, a rent-free tenant in
any land, and any person in lawful possession of any land who is liable to pay to the owner compensation for the
use and occupation of the land;
(18) “Owner ” includes any person for the time being receiving or entitled to receive, whether on his own account
or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose,
the rents or profits of the property in connection with which it is used;
(19) “ Planning Authority” means a local authority; and shall includes,—
(a) a Special Planning Authority constituted or appointed or deemed to have been appointed under Section
40; and
(b) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas
(Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed under
section 3A of the said Act;
(21) “Plot” means a portion of land held in one ownership and numbered and shown as one plot in a town planning
scheme;
(22) “ Re-constituted plot” means a plot which is altered in ownership or in any other way by the making of a
town planning scheme;
(23) “ Region ” means any area established to be a Region under Section 3;
Section 3 - Establishment of region and alteration of its limits

lOMoARcPSD|18208158
(1) Subject to the provisions of this section, the State Government may, by notification in
the Official Gazette, establish any area in the State, by defining its limits, to be a Region
for the purposes of this Act, and may name and alter the name of any such Region. In any
case, where any Region is renamed, then all references in any law or instrument or other
document to the Region shall be deemed to be a reference to the Region as renamed,
unless expressly otherwise provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,—
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such
area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall cease to be a
Region or part thereof.
(3) A plan showing the boundaries of the Region as established under this section shall be
available for inspection at the office of the Collector and the Mamlatdar or Tahsildar
concerned, and on the constitution of the Regional Board therefor, also at the office of the
Board.
(24) “ Regional Board” or “ Board ” means a Regional Planning Board constituted under section 4;
SECTION 4. - CONSTITUTION OF REGIONAL PLANNING BOARDS
(1) For the purpose of planning the development and use of land in the Region, the State
Government shall, by notification in the Official Gazette, constitute a Regional Planning
Board for the Region consisting of a Chairman appointed by the State Government; the
Director of Town Planning (or a person nominated by him); such number of persons not
exceeding four appointed by the State Government as are members of local authorities
functioning in the whole or part of the Region; such number of persons not exceeding ten
appointed by the State Government who in the opinion of that Government have special
knowledge or practical experience of matters relating to town and country planning,
engineering, transport, industry, commerce or agriculture ; -------------a Town Planning
Officer appointed by the State Government and such number of persons not exceeding
four appointed by the State Government from the two Houses of the State legislature,
representing the whole or part of the Region, so that not more than two members are
appointed from each of the said Houses.
(2) The Regional Board shall have its office at such place as the State Government may
appoint, and shall be known by the name specified in the notification constituting it.
(25) “ Regional plan ” means a Plan for the development or re-development of a Region which is approved by the
State Government and has come into operation under this Act;
(26) “Regional Planning Committee” means a committee appointed under Section 10;

lOMoARcPSD|18208158
Section 10. - Consultation or association with experts; regional planning committee
(1) A Regional Board may, with the previous sanction of the State Government, associate with
itself or consult such persons whose assistance or advise it may desire for the purpose of
performing any of its functions under this Act. Such persons may be paid by the Regional Board
such remuneration or fees as may be sanctioned by the State Government.
(2) The person so assisting or advising the Regional Board may take part in the discussions of
the Regional Board relevant to the purpose for which he is associated or consulted, but shall not
have the right to vote at a meeting, or take part in the discussions of the Regional Board relating
to matters connected with any other purpose
(31) “ Town Planning Officer” means the officer appointed for the time being to be the Town Planning Officer for
all or any of the provisions of this Act;
(31A) “ Undeveloped area” means an area within the jurisdiction of one or more local authorities (not being an
area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) which is in the
opinion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood
of being developed in an uncontrolled or haphazard manner, and requires, in the public interest, to be developed in
a proper and orderly manner ;

lOMoARcPSD|18208158
CHART OF SECTION 2 OF MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966
SECTION 2 CLAUSE DEFINITION REMARKS
“Appropriate Authority” means any public authority on whose behalf land is

(3)
designated for a public purpose in any plan or scheme and which it is authorised
to acquire ;
“Building operations” includes erection or re-erection of a building or any part

(5) thereof, roofing or re-roofing of any part of a building or of any open space, any
material alteration or enlargement of a building, any such alteration of a building
as is likely to affect an alteration of its drainage or sanitary arrangement or
materially affect its security or the construction of a door opening on any streets or
land not belonging to the owner ;
“Compounded structure” means an unauthorized structure, in respect of which
the compounding charges as levied by the Collector under the provisions of section
(5A) 18(2B) are paid by the owner or occupier of such structure and which, upon such
payment, has been declared as such by the Collector.
“ Court” means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the
(6) principal civil court of original jurisdiction; and includes any other civil court of a
Judge of Senior Division or a Judicial Officer empowered by the State Government to
perform the functions of the court under this Act within the pecuniary and local
limits of its jurisdiction;
“Development” with its grammatical variations means
(7) a) the carrying out of buldings, engineering,

b) mining or other operations in or over or under, land or
c) the making of any material change, in any building or land or in the use of any
building or land or

lOMoARcPSD|18208158
d) any material or structural change in any heritage building or its precinct and
e) includes demolition of any existing building, structure or erection or part of
such building,
f) structure of erection; and reclamation, redevelopment and lay-out and sub-
division of any land; and
“to develop” shall be construed accordingly
“Development Authority” means a New Town Development Authority
(8)
constituted or declared under Section 113;
“Development plan” means a plan for the development or re-development of the
(9) area within the jurisdiction of a Planning Authority and includes revision of a
development plan and proposals of a special planning Authority for
development of land within its jurisdictions;
“Development right” means right to carry out development or to develop the land
(9A) or building or both and shall include the transferable development right in the form
of right to utilize the Floor Space Index of land utilizable either on the remainder of
the land partially reserved for a public purpose or elsewhere, as the final
Development Control Regulations in this behalf provide;
“Director of Town Planning” means the officer appointed by the State
(10) Government as the Director of Town Planning.
“Engineering operations ” includes the formation or laying out of a street or
(11) means of access to a road or laying out of means of water-supply, drainage,
electricity, gas or other public service.
“Existing-land-use map” means a map indicating the use to which lands in any
(12) specified area are put at the time of preparing the map;
(13)
“Final plot” means a plot allotted in a final town planning scheme
“Floor Space Index” means the quotient or the ratio of the combined gross floor
area to the total area of the plot, viz :—
(13A)
Total covered are of all floors
Floor Space =
Index Plot area
“Heritage building” means a building possessing architectural, aesthetic, historic
or cultural values which is declared as heritage building by the Planning Authority
(13B) in whose jurisdiction such building is situated;
“ Heritage precinct” means an area comprising heritage building or buildings

(13C) and precincts thereof or related places;
“Local authority ” means—
(15) (a) the Bombay Municipal Corporation constituted under the Bombay Municipal

lOMoARcPSD|18208158
Corporation Act or the Nagpur Municipal Corporation constituted under the City of
Nagpur Corporation Act, 1948, or any Municipal corporation constituted
under the Bombay Provincial Municipal Corporations Act, 1949,
(b) a Council and a Nagar Panchayat constituted under the Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,
(c) (i) a Zilla Parishad constituted under the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961,
(ii) the Authority constituted under the Maharashtra Housing and Area
Development Act, 1976,
(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement
Trust Act, 1936, which is permitted by the State Government for any area under its
jurisdiction to exercise the powers of a Planning Authority under this Act;
“Local newspaper ” in relation to any area within the jurisdiction of a Regional

(16)
Planning Board,
Planning Authority or of a Development Authority, means any newspaper published

or circulating within that area;
“Occupier” includes a tenant, an owner in occupation of, or otherwise using his
land, a rent-free tenant in any land, and any person in lawful possession of any land
(17) who is liable to pay to the owner compensation for the use and occupation of the
land;
“Owner ” includes any person for the time being receiving or entitled to receive,
(18) whether on his own account or as agent, trustee, guardian, manager or receiver for
another person or for any religious or charitable purpose, the rents or profits of the
property in connection with which it is used;
“Planning Authority” means a local authority; and shall includes,—

(a) a Special Planning Authority constituted or appointed or deemed to have been
appointed under Section 40 of Maharashtra Regional & Town Planning Act, 1966
and
(19)
(b) in respect of the slum rehabilitation area declared under Section 3C of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971,
-----------the Slum Rehabilitation Authority is appointed under Section 3A of the said
Act;
(21)
“Plot” means a portion of land held in one ownership and numbered and shown as
one plot in a town planning scheme;
“Reconstituted plot” means a plot which is altered in ownership or in any other
(22) way by the making of a town planning scheme;
(23)
“Region” means any area established to be a Region under Section 3;
Section 3 - Establishment of region and alteration of its limits
(1) Subject to the provisions of this section, the State Government may, by

lOMoARcPSD|18208158
notification in the Official Gazette, establish any area in the State, by defining its
limits, to be a Region for the purposes of this Act, and may name and alter the
name of any such Region. In any case, where any Region is renamed, then all
references in any law or instrument or other document to the Region shall be
deemed to be a reference to the Region as renamed, unless expressly otherwise
provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,—
(a) alter the limits of a Region, so as to include therein or to exclude therefrom,

such area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or

(d) declare that the whole or part of the area comprising a Region shall cease to
be a Region or part thereof.
(3) A plan showing the boundaries of the Region as established under this section
shall be available for inspection at the office of the Collector and the Mamlatdar or
Tahsildar concerned, and on the constitution of the Regional Board therefor, also at
the office of the Board.
“ Regional Board” or “ Board ” means a Regional Planning Board constituted

under Section 4;
Section 4. - Constitution of regional planning boards

(24)
(1) For the purpose of planning the development and use of land in the
Region, ----------------the State Government shall, by notification in the
Official Gazette, constitute a Regional Planning Board for the Region.
This Regional Planning Board should consist of the following persons –
a) Chairman appointed by the State Government; &
b) Director of Town Planning (or a person nominated by him)&
c) such number of persons not exceeding four appointed by the State

Government as are members of local authorities functioning in the
whole or part of the Region ;&
d) such number of persons not exceeding ten appointed by the State

Government
All these persons should in the opinion of that Government have special
knowledge or practical experience of matters relating to town and country
planning, engineering, transport, industry, commerce or agriculture ;
A Town Planning Officer appointed by the State Government and such

number of persons not exceeding four appointed by the State
Government from the two Houses of the State legislature, representing the

lOMoARcPSD|18208158
whole or part of the Region, so that not more than two members are
appointed from each of the said Houses.
(2) The Regional Board shall have its office at such place as the State
Government may appoint, and shall be known by the name specified in the
notification constituting it
“Regional plan ” means a Plan for the development or re-development of a Region

(25) which is approved by the State Government and has come into operation under this
Act;
“Regional Planning Committee” means a committee appointed under Section

10;
(26)
Section 10.- Consultation or association with experts; regional planning
committee
(1) A Regional Board may, with the previous sanction of the State
Government, associate with itself or consult such persons whose
assistance or advise it may desire for the purpose of performing any of its
functions under this Act. Such persons may be paid by the Regional Board
such remuneration or fees as may be sanctioned by the State
Government.
(2) The person so assisting or advising the Regional Board may take part in
the discussions of the Regional Board relevant to the purpose for which he
is associated or consulted, but shall not have the right to vote at a
meeting, or take part in the discussions of the Regional Board relating to
matters connected with any other purpose
“ Town Planning Officer” means the officer appointed for the time being to be the
(31) Town Planning Officer for all or any of the provisions of this Act;
“ Undeveloped area” means an area within the jurisdiction of one or more

(31A)
local authorities(not being an area within the jurisdiction of a cantonment board
constituted under the Cantonment Act, 1924) which is in the opinion of the
State Government
 in a neglected condition, or
 which is being developed or
 is in imminent likelihood of being developed in an uncontrolled or
 haphazard manner, and
 requires, in the public interest, to be developed in a proper and orderly
manner ;

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CHAPTER IV. - CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS.
SECTION 43. - RESTRICTIONS ON DEVELOPMENT OF LAND.
After the date on which the declaration of intention to prepare a Development plan for any area is published in
the Official Gazette or after the date on which a notification specifying any undeveloped area as a notified area,
or any area designated as a site for a new town, is published in the Official Gazette, no person shall institute or
change the use of any land or carry out any development of land without the permission in writting of the
Planning Authority : Provided that, no such permission shall be necessary—
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works
which affect only the interior of the building or which do not materially affect the external appearance thereof
except in case of heritage building or heritage precinct;
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law
for the time being in force ;
(iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force
:
(iv) for the carrying out by the Central or the State Government or any local authority of any works—
(a) required for the maintenance or improvement of a highway, road or public street, being works carried
out on land within the boundaries of such highway, road or public street ;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or
other apparatus including the breaking open of any street or other land for that purpose ;
(v) for the excavation (including wells) made in the ordinary course of agricultural operation ;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes ;
(vii) for normal use of land which has been used temporarily for other purposes;

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(viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of
land for that other purpose on occasions;
(ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or
land attached to such building;
SECTION 44. - APPLICATION FOR PERMISSION FOR DEVELOPMENT.
(1) Except as otherwise provided by rules made in this behalf, any person not being Central or State Government
or local authority intending to carry out any development on any land shall make an application in writing to the
Planning Authority for permission in such form and containing such particulars and accompanied by such
documents, as may be prescribed :
Provided that, save as otherwise provided in any law, or any rules, regulations or by-laws made under any law for
the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or
building or part thereof, in compliance of a statutory notice from a Planning Authority or a Housing and Area
Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board
established under the Maharashtra Housing and Area Development Act, 1976.
(2) Without prejudice to the provisions of sub-section (1) or any other provisions of this Act, any person intending
to execute an Integrated Township Project on any land, may make an application to the State Government, and on
receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf,
grant such permission and declare such project to be an Integrated Township Project] by notification in the
Official Gazette or, reject the application.
SECTION 45. - GRANT OR REFUSAL OF PERMISSION.
(1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act,
by order in writing—
(i) grant the permission, unconditionally ;
(ii) grant the permission, subject to such general or special conditions as it may impose with the previous
approval of the State Government ; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1) with or without conditions shall be contained in a
commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall state the grounds for
imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by
regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or refuse permission to the
applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt
of reply from the applicant in respect of any requisition made by the Planning Authority, whichever is later, such

lOMoARcPSD|18208158
permission shall be deemed to have been granted to the applicant on the date immediately following the date of
expiry of sixty days :
Provided that, the development proposal, for which the permission was applied for, is strictly in conformity with
the requirements of all the relevant Development Control Regulations framed under this Act or bye-laws or
regulations framed in this behalf under any law for the time being in force and the same in no way violates either
the provisions of any draft or final plan or proposals published by means of notice, submitted for sanction under
this Act :
Provided further that, any development carried out in pursuance of such deemed permission which is in
contravention of the provisions of the first proviso, shall be deemed to be an unauthorised development for the
purposes of sections 52 to 57.
(6) The Planning Authority shall, within one month from the date of issue of commencement certificate, forward
duly authenticated copies of such certificate and the sanctioned building or development plans to the Collector
concerned.
SECTION 46. - PROVISIONS OF DEVELOPMENT PLAN TO BE CONSIDERED BEFORE GRANTING

PERMISSION.
The Planning Authority in considering application for permission shall have due regard to the
provisions of any draft or final plan or proposal published by means of notice submitted] or sanctioned
under this Act.
Provided that, if the Development Control Regulations for an area over which a Planning Authority has
been appointed or constituted, are yet to be sanctioned, then in considering application for permission
referred to in sub-section (1), such Planning Authority shall have due regard to the provisions of the draft or
sanctioned Regional plan, till the Development Control Regulations for such area are sanctioned:
Provided further that, if such area dose not have draft or sanctioned Regional plan, then Development
Control Regulations applicable to the area under any Planning Authority, as specified by the Government
by a notification in the Official Gazette, shall apply till the Development Control Regulations for such area are
sanctioned.
SECTION 47. - APPEAL.
(1) Any app]icant aggrieved by an order granting permission on conditions or refusing permission under Section
45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State
Government or to an officer appointed by the State Government in this behalf, being an officer not below the
rank of a Deputy Secretary to Government ; and such appeal shall be made in such manner and accompanied by
such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant
and the Planning Authority to be heard, by order dismiss the appeal, or allow the appeal by granting permission
unconditionally or subject to the conditions as modified.

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SECTION 48. - LAPSE OF PERMISSION
Every permission for development granted or deemed to be granted under section 45 or granted under section 47
shall remain in force for a period of one year form the date of receipt of such grant], and thereafter it shall lapse
Provided that, the Planning Authority may, on application made to it extend such period from year to year ; but
such extended period shall in no case exceed three years :
Provided further that, if the development is not completed upto plinth level or where there is no plinth, upto upper
level of basement or stilt, as the case may be, within the period of one year or extended period, under the first
proviso, it shall be necessary for the applicant to make application for fresh permission.
SECTION 49. - OBLIGATION TO ACQUIRE LAND ON REFUSAL OF PERMISSION OR ON GRANT OF

PERMISSION IN CERTAIN CASES.
(1) Where—
(a) any land is designated by a plan as subject to compulsory acquisition, or
(b) any land is allotted by a plan for the purpose of any functions of a Government or local authority or statutory
body, or is land designated in such plan as a site proposed to be developed for the purposes of any functions of any
such Government, authority or body, or
(c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included, or
(d) any land for the development of which permission is refused or is granted subject to conditions, and any owner
of land referred to in clause (a), (b), (c) or (d) claims—
(i) that the land has become incapable of reasonably beneficial use in its existing state, or
(ii) (where planning permission is given subject to conditions) that the land cannot be rendered capable of
reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions ;
or
(e) the owner of the land because of its designation or allocation in any plan claims that he is unable to sell it
except at a lower price than that at which he might reasonably have been excepted to sell if it were not so
designated or allocated, the owner or person affected may serve on the State Government within such time and in
such manner, as is prescribed by regulations, a notice ( hereinafter referred to as “ the purchase notice ”) requiring the
Appropriate Authority to purchase the interest in the land in accordance with the provisions of this Act.
(2) The purchase notice shall be accompanied by a copy of any application made by the applicant to the Planning
Aurhority, and of any order or decision of that Authority and of the State Government, if any, in respect of which
the notice is given.
(3) On receipt of a purchase notice, the State Government shall fortwith call from the Planning Authority and the
Appropriate Authority such report or records or both, as may be necessary, which those authorities shall forward
to the State Government as soon as possible but not later than thirty days from the date of their requisition.

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(4) On receiving such records or reports, if the State Government is satisfied that the conditions specified in sub-
section (1) are fulfilled, and that the order or decision for permission was not duly made on the ground that the
applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase
notice, or direct that planning permission be granted without condition or subject to such conditions as will make
the land capable of reasonably beneficial use. In any other case, it may refuse to confirm the purchase notice, but
in that case, it shall give the applicant a reasonable opportunity of being heard.
(5) If within a period of six months from the date on which a purchase notice is served the State Government does
not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that
period.
(7) If within one year from the date of confirmation of the notice, the Appropriate Authority fails to make an
application to acquire the land in respect of which the purchase notice has been confirmed as required under
section 126, the reservation, designation, allotment, indication or restriction on development of the land shall be
deemed to have lapsed ; and thereupon, the land shall be deemed to be released from the reservation, designation,
or, as the case may be, allotment, indication or restriction and shall become available to the owner for the
prupose of development otherwise permissible in the case of adjacent land, under the relevant plan.
SECTION 50. - DELETION OF RESERVATION OF DESIGNATED LAND FOR INTERIM DRAFT OF FINAL
DEVELOPMENT PLAN
(1) The Appropriate Authority (other than the Planning Authority), if it is satisfied that the land is not or no longer
required for the public purpose for which it is designated or reserved or allocated in the interim or the draft
Development plan or plan for the area of Comprehensive development or the final Development plan, may request
—
(a) the Planning Authority to sanction the deletion of such designation or reservation or allocation from the
interim or the draft Development plan or plan for the area of Comprehensive development, (b) the State
Government to sanction the deletion of such designation or reservation or allocation from the final Development
plan.
(2) On receipt of such request from the Appropriate Authority, the Planning Authority, or as the case may be, the
State Government may make an order sanctioning the deletion of such designation or reservation or allocation
from the relevant plan : Provided that, the Planning Authority, or as the case may be, the State Government may,
before making any order, make such enquiry as it may consider necessary and satisfy itself that such reservation or
designation or allocation is no longer necessary in the public interest.
(3) Upon an order under sub-section (2) being made, the land shall be deemed to be released from such
designation, reservation, or, as the case may be, allocation and shall become available to the owner for the purpose
of development as otherwise permissible in the case of adjacent land, under the relevant plan.
SECTION 51. - POWER OF REVOCATION AND MODIFICATION OF PERMISSION TO DEVELOPMENT.
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or
under preparation that any permission to develop land granted or deemed to be granted under this Act or any
other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an
opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to
such extent as appears to it to be necessary :

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Provided that—
(a) where the development relates to the carrying out of any building or other operation, no such order shall affect
such of the operations as have been previously carried out ; or shall be passed after these operations have
substantially progressed or have been completed ;
(b) where the development relates to a change of use of land, no such order shall be passed at any time after the
change has taken place.
(2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within
the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development
in accordance with such permission which has been rendered abortive by the revocation or modification, the
Planning Authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning
Officer, and after considering his report, assess and offer, subject to the provisions of Section 19, such compensation
to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his
refusal to accept, the Planning Authority shall refer the matter for the adjudication of the court; and the decision of
the court shall be final and be binding on the owner and Planning Authority.
SECTION 52. - PENALTY FOR UNAUTHORISED DEVELOPMENT OR FOR USE OTHERWISE THAN IN
CONFORMITY WITH DEVELOPMENT PLAN
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or
carries out development or institutes, or changes the use of any land—
(a) without permission required under this Act ; or

(b) which is not in accordance with any permission granted or in contravention of any condition subject to
which such permission has been granted ;
(c) after the permission for development has been duly revoked ; or
(d) in contravention of any permission which has been duly modified, shall, on conviction, be punished with
imprisonment for a term which shall not be less than one month but which may extend to three years and with
fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the
case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day
during which the offence continues after conviction for the first commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a
Development plan without being allowed to do so under section 45 or 47, or where the continuance of such use has
been allowed under the section continues such use after the period for which the use has been allowed or without
complying with the terms and conditions under which the continuance of such use is allowed, shall on conviction be
punished with fine which may extend to five thousand rupees]; and in the case of a continuing offence, with a
further fine which may extend to one hundred rupees for every day during which such offence continues after
conviction for the first commission of the offence.
SECTION 53. - POWER TO REQUIRE REMOVAL OF UNAUTHORISED DEVELOPMENT.

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(1) Where any development of land has been carried out as indicated in sub-section (1) of section 52, the Planning
Authority may, subject to the provisions of this section, serve on the owner a notice requiring him, within such
period, being not less than one month, as may be specified therein after the service of the notice, to take such steps
as may be specified in the notice,
(a) in cases specified in Section 52(1)(a)(b)(c), to restore the land to its condition existing before the said
development took place,
(b) in cases specified in Section 52(1)(b) or Section 52(1)(d), to secure compliance with the conditions or
with the permission as modified :
Provided that, where the notice requires the discontinuance of any use of land, the Planning Authority shall serve a
notice on the occupier also.
(2) In particular, such notice may, for purpose of sub-section (1), require—
(a) the demolition or alteration of any building or works ;

(b) the carrying out on land of any building or other operations ; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner
prescribed, apply for permission under section 44 for retention on the land of any building or works or for the
continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal
of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of
such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under
sub-section (3).
(5) If the permission applied for is granted, the notice shall stand withdrawn ; but if the permission applied for is
not granted, the notice shall stand ; or if such permission is granted for the retention only of some buildings, or
works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such
buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of
the land, as the case may be; and thereupon, the owner shall be required to take steps specified in the notice under
sub-section (1) as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the same period after the disposal of the application under
sub-section (4), the notice or so much of it as stands is not complied with, the Planning Authority may—
(a) prosecute the owner for not complying with the notice ; and where the notice requires the
discontinuance of any use of land any other person also who uses the land or causes or permits the land to
be used in contravention of the notice ; and
(b) where the notice requires the demolition or alteration of any building or works or carrying out of any
building or other operations, itself cause the restoration of the land to its condition before the development
took place and secure compliance with the conditions of the permission or with the permission as modified
by taking such steps as the Planning Authority may consider necessary including demolition or alteration of
any building or works or carrying out of any building or other operations ; and recover the amount of any
expenses incurred by it in this behalf from the owner as arrears of land revenue.

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(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with imprisonment
for a term which shall not be less than one month but which may extend to three years and with fine which shall
not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing
offence with a further daily fine which may extend to two hundred rupees for every day during which such offence
continues after conviction for the first commission of the offence.
(8) The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning
Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under
this section and Sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may
be specified in the notification and different officers may be designated for different local areas.
SECTION 54. - POWER TO STOP UNAUTHORISED DEVELOPMENTS.
(1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not
been completed, the Planning Authority may serve on the owner and the person carrying out the development a
notice requiring the development of land to be discontinued from the time of the service of the notice ; and
thereupon, the provisions of Section 53(3)(4)(5) shall so far as may be applicable apply in relation to such notice,
as they apply in relation to notice under Section 53.
(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner
or any other person, after such notice has been served shall, on conviction, be punished with imprisonment for a
term which may extend to three years or with fine which may extend to five thousand rupees or with both]; and
when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for
every day after the date of the service of the notice during which the non-compliance has continued or continues.
SECTION 55. - REMOVAL OR DISCONTINUANCE OF UNAUTHORIZED TEMPORARY DEVELOPMENT

SUMMARILY.
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any
development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning
Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue
the use of land made,unauthorisedly as aforesaid, within fifteen days of the receipt of the order ; and if thereafter,
the person does not comply with the order within the said period, the Planning Authority may request the District
Magistrate or the Commissioner of Police, as the case may be, or authorise any of its officers or servants, to have
such work summarily removed or such use summarily discontiuned without any notice as directed in the order; and
any development unauthorisedly made again, shall be similarly removed or discontinued summarily without
making any order as aforesaid.
(2) The decision of the Planning Authority on the question of what is development of a temporary nature shall be
final.
SECTION 56. - POWER TO REQUIRE REMOVAL OF AUTHORIZED DEVELOPMENT OR USE.

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(1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including
the interest of amenities) having regard to the Development plan prepared,—
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereof, or (c) that any buildings or works should be
altered or removed, the Planning Authority may, by notice served on the owner,—
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in the notice on the continuance thereof ; or (iii) require such
steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as
the case may be, within such period, being not less than one month, as may be specified therein, after the
service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the
State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this
behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority,
dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,—
(i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any
interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise ; or
(ii) who has carried out any works in compliance with the notice, claims, from the Planning Authority, within
the time and in the manner prescribed compensation in respect of that damage, or of any expenses
reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of
section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under
those provisions.
(5) If any person having interest in land in respect of which a notice is issued under this section claims that by the
reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may
within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under
sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his
interest in the land to be acquired ; and thereupon, the provisions of Section 49 for dealing with a purchase notice
shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.
SECTION 56A. - PUNISHMENT FOR FAILURE TO TAKE ACTION AGAINST UNAUTHORISED CONSTRUCTION.
Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any
work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer
has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on
conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may
extend to twenty thousand rupees, or with both.
SECTION 57. - RECOVERY OF EXPENSES INCURRED.

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Any expenses incurred by a Planning Authority under Sections53, 54, 55 and 56 shall be a sum due to the Planning
Authority under this Act from the person in default or the owner of the plot.
SECTION 58. - DEVELOPMENT UNDERTAKEN ON BEHALF OF GOVERNMENT
(1) When any Government intends to carry out development of any land for the purpose of any of its departments
or offices or authorities, the officer incharge thereof shall inform in writing the Planning Authority the intention of
Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be
prescribed at least thirty days before undertaking such development.
(2) Where a Planning Authority raises any objection to the proposed development on the ground that the
development is not in conformity with the provisions either of any Development plan under preparation or of any
building bye-laws in force for the time being, or for any other material consideration the officer shall—
(i) either make necessary modifications in the proposals for development to meet the objections raised by
the Planning Authority, or
(ii) submit the proposals for development together with the objections raised by the Planning Authority to
the State Government for decision. (3) The State Government, on receipt of the proposals for development
together with the objections of the Planning Authority shall, in consultation with the Director of Town
Planning, either approve the proposals with or without modifications or direct the officer to make such
modifications in the proposals as it considers necessary in the circumstances.
(3A) The development proposals approved by the State Government under sub-section (3) shall remain in force for
a period of one year from the date of grant of such approval, and thereafter it shall lapse :
Provided that, the Officer in charge of the development may apply under intimation to the Planning Authority to
the State Government, for extension of such period ; and thereupon the State Government may extend such period
from year to year ; but such extended period shall in no case exceed three years : Provided further that, such lapse
shall not bar any subsequent application by the officer in charge of the development, for fresh approval to the
development under the preceding sub-sections.
(4) The provisions of sections 44, 45 2and 47 shall not, and section 46 shall, mutatis mutandis and section 48 shall,
as modified by sub-section (3A), apply to development carried out under this section.

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CHAPTER VII - LAND ACQUISITION.
SECTION 125. - COMPULSORY ACQUISITION OF LAND NEEDED FOR PURPOSES OF REGIONAL PLAN,
DEVELOPMENT PLAN, OR TOWN PLANNING SCHEMES, ETC
Any land required, reserved or designated in a Regional plan, Development plan or town planning scheme for a
public purpose or purposes including plans for any area of comprehensive development or for any new town shall
be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.
SECTION 126. - ACQUISITION OF LAND REQUIRED FOR PUBLIC PURPOSES SPCIFIED IN PLANS
(1) Where after the publication of a draft Regional plan, a Development or any other plan or town planning
scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this
Act at any time, the Planning Authority, Development Authority, or as the case may be, 1[any Appropriate Authority
may, except as otherwise provided in section 113A] 2[acquire the land,—
(a) by agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee
paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate
Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor’s
interest to be determined by any of the said Authorities concerned on the basis of the principles laid down in
the Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development Rights (TDR) against
the area of land surrendered free of cost and free from all encumbrances, and also further additional Floor
Space Index or Transferable Development Rights against the development or construction of the amenity on
the surrendered land at his cost, as the Final Development Control Regulations prepared in this behalf
provide, or
(c) by making an application to the State Government for acquiring such land under the Land Acquisition
Act, 1894, and the land (together with the amenity, if any so developed or constructed) so acquired by
agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development
Rights under this section or under the Land Acquisition Act, 1894, as the case may be, shall vest absolutely
free from all encumbrances in the Planning Authority, Development Authority, or as the case may be, any
Appropriate Authority.
(2) On receipt of such application, if the State Government is satisfied that the land specified in the application is
needed for the public purpose therein specified, or 3[if the State Government (except in cases falling under Section

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49and except as provided in section 113A itself is of opinion] that any land included in any such plan is needed for
any public purpose, it may make a declaration to that effect in the Official Gazette, in the manner provided in
Section 6 of the Land Acquisition Act, 1894, in respect of the said land. The declaration so published shall,
notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said
section.
Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one
year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the
case may be.
(3) On publication of a declaration under the said section 6, the Collector shall proceed to take order for the
acquisition of the land under the said Act ; and the provisions of that Act shall apply to the acquisition of the said
land with the modification that the market value of the land shall be,—
(i) where the land is to be acquired for the purposes of a new town, the market value prevailing on the date
of publication of the notification constituting or declaring the Development Authority for such town ;
(ii) where the land is acquired for the purposes of a Special Planning Authority, the market value prevailing
on the date of publication of the notification of the area as undeveloped area ; and
(iii) in any other case, the market value on the date of publication of the interim development plan, the draft
development plan or the plan for the area or areas for comprehensive development, whichever is earlier, or
as the case may be, the date of publication of the draft Town Planning Scheme : Provided that, nothing in this
sub-section shall affect the date for the purpose of determining the market value of land in respect of which
proceedings for acquisition commenced before the commencement of the Maharashtra Regional and Town
Planning (Second Amendment) Act, 1972 : [ This Act is not in syllabus]
Provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included
in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the
Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall be the market value prevailing on
the date of such commencement.
(4) Notwithstanding anything contained in the proviso to sub-section (2) and sub-section (3), if a declaration, is
not made, within the period referred to in sub-section (2) (or having been made, the aforesaid period expired on
the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1993),------------- the State
Government may make a fresh declaration for acquiring the land under the Land Acquisition Act, 1894, in the
manner provided by sub-sections (2) and (3) of this section, subject to the modification that the market value of the
land shall be the market value at the date of declaration in the Official Gazette, made for acquiring the land afresh.
SECTION 127. - LAPSING OF RESERVATIONS
(1) If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired
by agreement within ten years from the date on which a final Regional Plan, or final Development Plan comes into
force or if a declaration under sub-section (2) or (4) of section 126 is not published in the Official Gazette within
such period, the owner or any person interested in the land may serve notice, along with the documents showing his
title or interest in the said land, on the Planning Authority,----- the Development Authority or, as the case may be,
the Appropriate Authority to that effect; and if within twelve months] from the date of the service of such notice,
the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or

lOMoARcPSD|18208158
designation shall be deemed to have lapsed, and thereupon, the land shall be deemed to be released from such
reservation, allotment or designation and shall become available to the owner for the purpose of development as
otherwise, permissible in the case of adjacent land under the relevant plan.
(2) On lapsing of reservation, allocation or designation of any land under sub-section (1), the Government shall
notify the same, by an order published in the Official Gazette.
SECTION 128. - POWER OF STATE GOVERNMENT TO ACQUIRE LANDS FOR PURPOSE OTHER THAN THE
ONE FOR WHICH IT IS DESIGNATED IN ANY PLAN OR SCHEME.
(1) Where any land is included in any plan or scheme as being reserved, allotted or designated for any purpose
therein specified or for the purpose of Planning Authority or Development Authority or Appropriate Authority and
the State Government is satisfied that the same land is needed for a public purpose different from any such public
purpose or purpose of the Planning Authority, Development Authority or Appropriate Authority, the State
Government may, notwithstanding anything contained in this Act, acquire such land under the provisions of the
Land Acquisition Act, 1894.
(1A) Save as otherwise provided in this Act or any other law for the time being in force where any land included in
any plan or scheme as being reserved, allotted or designated for any purpose therein specified or for the purposes
of a Planning Authority or Development Authority or Appropriate Authority, is being acquired by the State
Government under the provisions of the Maharashtra Industrial Development Act, 1961, for the Maharashtra
Industrial Development Corporation (being the Special Planning Authority deemed to have been appointed as such
under Sub-section (1A) of section 40, the provisions of sub-sections (2) and (3) of this section shall mutatis
mutandis, apply to such acquisition proceedings.
(2) In the proceedings under the Land Acquisition Act, 1894, the Planning Authority, or Development Authority or
Appropriate Authority, as the case may be, shall be deemed to be a person interested in the land acquired; and in
determining the amount of compensation to be awarded, the market value of the land shall be assessed as if the
land had been released from the reservation, allotment or designation made in the any plan or scheme] or new
town, as the case may be, and the Collector or the Court shall take into consideration the damage, if any, that
Planning Authority or Development Authority or Appropriate Authority, as the case may be, may sustain by reason
of acquisition of such land under the Land Acquisition Act, 1894, or otherwise, and the proportionate cost of the
Development plan or town planning scheme or new town, if any, incurred by such Authority and rendered abortive
by reason of such acquisition.
(3) On the land vesting in the State Government under Sections 16 or 17 of the Land Acquisition Act, 1894, as the
case may be, the 2[relevant plan or scheme] shall be deemed to be suitably varied by reason of acquisition of the
said land.
SECTION 129. - POSSESSION OF LAND IN CASE OF URGENCY
(1) At any time after the publication of a notification under Section 126(2), where the State Government, on an
application of the Planning Authority, Development Authority or Appropriate Authority, is satisfied that the
possession of any land which is reserved or designated for a public purpose either under a Regional plan or
Development plan is urgently required in the public interest by that Authority, the State Government may, by an

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order in writing authorize the Collector to enter on and take possession of the land under acquisition after giving a
notice of fifteen days; and thereupon, the right or interest in that land shall be extinguished from the date specified
in the order; and on the date on which possession is taken, the land shall vest without any further assurance and
free from encumbrances in the State Government :
Provided that, before or at the time of taking possession of any land under this subsection, the Collector shall offer
to the person interested compensation for the standing crops and trees, if any, on such land; and for any damage
sustained by him which is caused by such sudden dispossession and not excepted in section 24 of the Land
Acquisition Act, 1894, and if such offer is not accepted, the value of such crops and trees and the amount of such
other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
(2) Where possession of land is taken under sub-section (1), the Planning Authority, the Development Authority or
as the case may be, Appropriate Authority shall subject to the provisions of sub-section (1), pay to the owner
concerned interest at 4 per cent. per annum, on the amount of compensation from the date of taking possession of
the land under acquisition to the date of payment.
(3) Where possession of land is taken under sub-section (1), the Planning Authority, or Development Authority, or
as the case may be,the Appropriate Authority may, at the request of the person interested, pay an advance not
exceeding two-thirds of the amount estimated to be payable to such person on account of the land after executing
an agreement in that behalf under Section 157.

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(5) MAHARASHTRA LAND REVENUE CODE 1966
SECTION 2. – DEFINITIONS
In this Code, unless the context otherwise requires,—
(1) “Agricultural year” means the year commencing on such date as the State Government may, be notification
in the Official Gazette, appoint ;
(2) “Alienated” means transferred in so far as the rights of the State Government to payment of rent or land
revenue are concerned, wholly or partially, to the ownership of any person ;
(3) “Boundary mark” means any erection, whether of earth, stone or other material, and also any hedge
unploughed ridge, or strip of ground, or other object whether natural or artificial, set up, employed, or specified
by a survey officer or revenue officer having authority in that behalf, in order to designate the boundary of any
division of land ;
(5) “Building site” means a portion of land held for building purposes, whether any building be actually erected
thereupon or not, and includes the open ground of courtyard enclosed by, or appurtenant to, any building erected
thereupon:
(9) “Farm building” means a structure erected on land assessed or held for the purpose of agriculture for all or
any of the following purposes connected with such land or any other land belonging to or cultivated by the holder
thereof, namely :—
(a) for the storage of agricultural implements, manure or fodder;
(b) for the storge of agricultural produce;
(c) for sheltering cattle;
(d) for residence of members of the family, servants or tenants of the
holder; or
(e) for any other purpose which is an intergral part of his cultivating arrangement;
(15) “Joint holders” or “Joint occupants” means holders or occupants whohold land as co-sharers, whether as
co-shares in family undivided accordingto Hindu law or otherwise, and whose shares are not divided by metesand
bounds; and where land is held by joint holders or joint occupants,“holder” or “occupant”, as the case may be,
means all the joint holders orjoint occupants;
(19) “Land revenue” means all sums and payments, in money receivedor legally claimable by or on behalf of the
State Government from anyperson on account of any land or interest in or right exercisable over landheld by or
vested in him, under whatever designation such sum may bepayable and any cess or rate authorised by the State

lOMoARcPSD|18208158
Government underthe provisions of any law for the time being in force; and includes, premium,rent, lease money,
quit rent, judi payable by a inamdar or any other paymentprovided under any Act, rule, contract or deed on
account of any land;
(26) “Pardi land” means a cultivated land appertaining to houses withina village site;
(29) “Recognised agent” means a person authorised in writing by anyparty to a proceeding under this Code to
make appearances andapplications and to do other acts on his behalf in such proceedings;
(31) “Revenue officer ” means every officer of any rank whatsoeverappointed under any of the provisions of this
Code, and employed in orabout the business of the land revenue or of the surveys, assessment,accounts, or records
connected therewith
(33) “Saza”means a group of villages in a taluka which is constituted asaza under section 4 ;
Section 4. – Constitution of revenue areas
(1) The State Government may, by notification in the Official Gazette, specify–
(i) the districts (including the City of Bombay) which constitute a division ;
(ii) the sub-divisions wihch constitute a district ;
(iii) the talukas which constitute a sub-division ;
(iv) the villages which constitute a taluka ;
(v) the local area which constitutes a village ; and
(vi) alter the limits of any such revenue area so constituted by amalgamation,
division or in any manner whatsoever, or abolish any such revenue area and may
name and alter the name of any such revenue area ; and
------------------------------in any case where any area is renamed, then all references
in any law or instrument or other document to the area under its original name
shall be deemed to be references to the area as renamed, unless expressly
otherwise provided
(2) The Collector may by an order published in the prescribed manner arrange the
villages in a taluka which shall constitute a saza ; and the sazas in a taluka which shall
constitute a circle, and may alter the limits of, or abolish, any saza or circle, so
constituted.
(3) The divisions, districts, sub-division, talukas, circles, sazas and villages existing at
the commencement of this Code shall continue under the names they bear
respectively to be the divisions, districts, sub-divisions, talukas, circles, sazas and
villages, unless otherwise altered under this section.
(4) Every notification or order made under this section shall be subject tothe condition
of previous publication ; and the provisions of Section 24 of the Bombay General
Clauses Act, 1904, shall, so far as may be, apply in relation to such notification or
order, as they apply in relation to rules to be made after previous publication.

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(41) “Unoccupied land” means the land in a village other than the land held by an occupant, a tenant or a
Government lessee ;
(42) “Urban area”means an area included within the limits of any municipal corporation or municipal council,
constituted under the relevant law for the time being in force and the expression “non-urban area” shall be
construed accordingly ;
(43) “Village ”includes a town or city and all the land belonging to a village, town or city ;
(44) “Wada land”means an open land in village site used for tethering cattle or storing crops or fodder, manure
or other similar things.
CHART OF SECTION 2 - MAHARASHTRA LAND REVENUE CODE 1966
SECTIO CLAUSE DEFINITONS

N
“Agricultural year” means the year commencing on such date as the State
(1)
Government may, be notification in the Official Gazette, appoint ;
(2) “Alienated” means transferred in so far as the rights of the State Government to
payment of rent or land revenue are concerned, wholly or partially, to the ownership
of any person ;
“Boundary mark” means any erection, whether of earth, stone or other material, and
(3) also any hedge unploughed ridge, or strip of ground, or other object whether natural
or artificial, set up, employed, or specified by a survey officer or revenue officer having
authority in that behalf, in order to designate the boundary of any division of land ;
(5) “Building site” means a portion of land held for building purposes, whether any
building be actually erected thereupon or not, and includes the open ground of
courtyard enclosed by, or appurtenant to, any building erected thereupon:
“Farm building” means a structure erected on land assessed or held for the
(9) purpose of agriculture for all or any of the following purposes connected with such
land or any other land belonging to or cultivated by the holder thereof, namely :—
(a) for the storage of agricultural implements, manure or fodder;
(b) for the storge of agricultural produce;
(c) for sheltering cattle;
(d) for residence of members of the family, servants or tenants of the
holder; or
(e) for any other purpose which is an intergral part of his cultivating arrangement;
“Joint holders” or “Joint occupants” means holders or occupants who hold land as
(15)
co-sharers, whether as co-shares in family undivided according to Hindu law or
otherwise, and whose shares are not divided by metes and bounds; and where land is
held by joint holders or joint occupants, “holder” or “occupant”, as the case may be,
means all the joint holders or joint occupants;

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“Land revenue” means all sums and payments, in money received or legally
(19) claimable by or on behalf of the State Government from any person on account of any
land or interest in or right exercisable over land held by or vested in him, under
whatever designation such sum may be payable and any cess or rate authorised by the
State Government under the provisions of any law for the time being in force; and
includes, premium, rent, lease money, quit rent, judi payable by a inamdar or any
other payment provided under any Act, rule, contract or deed on account of any land;
(26)
“Pardi land” means a cultivated land appertaining to houses within a village site;
“Recognised agent” means a person authorized in writing by any party to a
(29)
proceeding under this Code to make appearances and applications and to do other
acts on his behalf in such proceedings
“Revenue officer ” means every officer of any rank whatsoever appointed under any
(31)
of the provisions of this Code, and employed in or about the business of the land
revenue or of the surveys, assessment, accounts, or records connected therewith.
(33)
“Saza”means a group of villages in a taluka which is constituted a saza under section
4;
Section 4. – Constitution of revenue areas
(1) The State Government may, by notification in the Official Gazette,

specify–
(i) the districts (including the City of Bombay) which constitute a
division ;
(ii) the sub-divisions wihch constitute a district ;
(iii) the talukas which constitute a sub-division ;
(iv) the villages which constitute a taluka ;
(v) the local area which constitutes a village ; and
(vi) alter the limits of any such revenue area so constituted by
amalgamation, division or in any manner whatsoever, or abolish
any such revenue area and may name and alter the name of
any such revenue area ; and
------------------------------in any case where any area is renamed,
then all references in any law or instrument or other document
to the area under its original name shall be deemed to be
references to the area as renamed, unless expressly otherwise
provided
(2) The Collector may by an order published in the prescribed
manner arrange the villages in a taluka which shall constitute a
saza ; and the sazas in a taluka which shall constitute a circle, and
may alter the limits of, or abolish, any saza or circle, so constituted.
(3) The divisions, districts, sub-division, talukas, circles, sazas and
villages existing at the commencement of this Code shall continue

lOMoARcPSD|18208158
under the names they bear respectively to be the divisions,

districts, sub-divisions, talukas, circles, sazas and villages, unless
otherwise altered under this section.
(4) Every notification or order made under this section shall be
subject to the condition of previous publication ; and the provisions
of Section 24 of the Bombay General Clauses Act, 1904, shall, so far
as may be, apply in relation to such notification or order, as they
apply in relation to rules to be made after previous publication.
“Unoccupied land” means the land in a village other than the land held by an
(41)
occupant, a tenant or a Government lessee ;
“Urban area”means an area included within the limits of any municipal corporation
(42)
or municipal council, constituted under the relevant law for the time being in force
and the expression “non-urban area” shall be construed accordingly ;
“Village ”includes a town or city and all the land belonging to a village, town or city ;
(43)
(44) “Wada land”means an open land in village site used for tethering cattle or storing
crops or fodder, manure or other similar things.
SECTION 41. - USES TO WHICH HOLDER OF LAND FOR PURPOSES OF AGRICULTURE MAY PUT HIS LAND.
(1) Subject to the provisions of this section, holder of any land assessed or held for the purpose of agriculture is
entitled by himself, his servants, tenants, agents or other legal representatives to erect farm 3[building], construct
wells or tanks or make any other improvements thereon for the better cultivation of the land, or its more
convenient use for the purpose aforesaid.
(2) From the date of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 1986 (hereinafter
in this section referred to as “such commencement date ”) before erection any farm building or carrying out any
work or renewal of, re-construction of, alterations in, or additions to, any such farm building, or any farm
building erected before such commencement date, on any land which is situated,–
(a) within the limits of––

(i) the Municipal Corporation of Greater Bombay,
(ii) the Corporation of the City of Pune,
(iii) the Corporation of the City of Nagpur, and the area within eight kilometres from the periphery of the
limits of each of these corporations ;
(b) within the limits of any other Municipal Corporation constituted under any law for the time being in force
and the area within five kilometres from the periphery of the limits of each such Municipal Corporation
(c) within the limits of the ‘ A ’ Class Municipal Councils and the area within three kilometres from the periphery
of the limits of each such Municipal Council ;

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(d) within the limits of the ‘ B ’ and ‘ C ’ Class Municipal Councils ; or
(e) within the area covered by the Regional Plan, Town Planning Scheme, or proposals for the development of
land (within the notified area) or (an area designated as) the site of the new town, whether each of these being in
draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966 ;
the holder or any other person referred to in sub-section (1), as the case may be, shall, notwithstanding anything
contained in sub-clauses (d) and (e) of clause (14) of section 2, make an application, in the prescribed form, to the
Collector for permission to erect such farm building or to carry out any such work of renewal, re-construction,
alteration or additions as aforesaid.
(3) The Collector may, subject to the provisions of sub-section (4) and such terms and conditions as may be
prescribed, grant such permission for erection of one or more farm buildings having a plinth area not exceeding
the limits specified below :––
(i) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected
exceeds 0.4 hectares but does not exceed 0.6 hectares, the plinth area of all such buildings shall not exceed
150 square metres ; and
(ii) if the area of the agricultural holding on which one or more farms buildings are proposed to be erected is
more than 0.6 hectares, the plinth area of all such buildings shall not exceed one-fortieth area of that
agricultural holding or 400 square meters, whichever is less :
Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in part, for the
residence of members of the family, servants or tenants of the holder, the plinth area of such building or building
proposed to be used for residential purpose shall not exceed 150 square meters, irrespective of the fact that the
area of the agricultural holding on which such building or buildings are proposed to be erected exceeds 0.6
hectares.
(4) The Collector shall not grant such permission––
(a)
(i) if the area of the agricultural holding on which such building is proposed to be erected is less than 0.4
hectares ;
(ii) if the height of such building from its plinth level exceeds 5 meters and the building consists of more
than one floor, that is to say, more than ground floor ;
(iii) for erection of more than one farm building for each of the purposes referred to in clause (9) of section
2
(b) if any such work of erection invloves renewal or re-construction or alterations or additions to an existing
farm building beyond the maximum limit of the plinth area specified in sub-section (3) or beyond the limit of the
height of 5 meters from the plinth level and a ground floor.
Explanation.––For the puposes of sub-sections (3) and (4), if only one farm building is proposed to be erected on
an agricultural holding, “ plinth area” means the plinth area of that building, and if more than one farm buildings
are proposed to be erected on an agricultural holdings, “ plinth area ” means the aggregate of the plinth area of
all such buildings.

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(5) Where an agricultural holding is situated within the limits of any Municipal Corporation or Municipal Council
constituted under any law for the time being in force, the provisions of such law or of any rules or bye-laws made
thereunder, or of the Development Control Rules made under the provisions of the Maharashtra Regional and
Town Planning Act, 1966, or any rules made by the State or Central Government in respect of regulating the
building and control lines for different portions of National or State highways or major or other district roads or
village roads shall, save as otherwise provided in this section, apply or continue to apply to any farm building or
buildings to be erected thereon or to any work of renewal or reconstructions or alterations or additions to be
carried out to the existing farm building or buildings thereon, as they apply to the building permissions granted
or regulated by or under such law or Development Control Rules or rules in respect of regulating the building and
control lines of highways or roads.
(6) Any land used for the erection of a farm building or for carrying out any work of renewal, re-construction,
alterations or additions to a farm building as aforesaid in contravention of the provisions of this section shall be
deemed to have been used for non-agricultural purpose and the holder or, as the case may be, any person making
such use of land shall be liable to the penalties or damages specified in Section 43 or 45 or 46, as the case may be.
SECTION 42. - PERMISSION FOR NON-AGRICULTURAL USE
(1) No land used for agriculture shall be used for any non-agricultural purposes; and no land assessed for one
non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural
purpose but in relaxation of any of the conditions imposed at the time of the grant of permission for non-
agricultural purpose, except with the permission of the Collector.
(2) No such permission shall be necessary for conversion of use of any agricultural land for the personal bona fide
residential purpose in non-urban area, or for the micro enterprise as defined in clause (h) of Section 2 of the
Micro, Small and Medium Enterprises Development Act, 2006 and small commercial use like shop, flour mill,
grocery shop or chilli grinding machine, operated in such premises in use for the personal bona fide residential
purpose in non-urban area and occupying the area not exceeding forty square meters or for any micro, small and
medium food processing industrial units excluding,—
(a) the area mentioned in clause (2) of the Explanation to section 47A, as a peripheral area of the
Municipal Corporation or the Municipal Council ;
(b) the area falling within the control line of the National Highways, State Highways, District Roads or
Village Roads ;
(c) the areas notified as the Eco-sensitive Zone by the Government of India.
Provided that, the person who uses such premises for the micro enterprise and such small commercial purpose,
and occupying the area not exceeding forty square meters for such purpose or for any micro, small and medium
food processing industrial units], shall give intimation of the date on which such change of use of land has
commenced and furnish other information in such form as may be prescribed, within thirty days from such date,
to the Tahsildar through the village office and shall also endorse a copy thereof to the Collector.
Provided further that, the use of land for any micro, small and medium food processing industrial units shall be
deemed to be the use of land for agricultural purpose.
SECTION 42A. - NO PERMISSION REQUIRED FOR CHANGE OF USE OF LAND SITUATE IN AREA COVERED
BY DEVELOPMENT PLAN.

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(1) Notwithstanding anything contained in section 42,—

(a) no prior permission of the Collector shall be necessary for conversion of use of any land held as an
Occupants—Class I for any purpose as defined in the sanctioned Development Plan or draft Development
Plan prepared and published as per the provisions of the Maharashtra Regional and Town Planning Act,
1966 ; however, the Planning Authority shall ascertain from the concerned revenue authority the Class of
land, its occupancy and encumbrances, if any, thereupon, and after ascertaining the same, it shall grant the
development permission as per the provisions of the Maharashtra Regional and Town Planning Act, 1966 ;
(b) for conversion of use of any land held as an Occupants—Class II or land leased by the Government, for
any purpose as defined in the sanctioned Development Plan or draft Development Plan prepared and
published as per the provisions of the Maharashtra Regional and Town Planning Act, 1966, the occupant
shall apply to the Planning Authority for permission to change the use of land, and the Planning Authority
shall direct the said occupant to obtain no objection certificate of the Collector for such change; the Collector
shall examine the documents by which the land is granted and the relevant laws by which the concerned land
is governed and, if permissible to grant no objection certificate, require the applicant to pay the Nazarana
and the Government dues for that purpose; and on payment of the same, the Collector shall issue no objection
certificate for change of use of such land ; on receipt of such certificate, the concerned Planning Authority
shall issue development permission as per the provisions of the Maharashtra Regional and Town Planning
Act, 1966.
(2) The person to whom permission is granted under clause (b) of subsection (1) or the person who converts the
use of land in view of clause (a) of sub-section (1) shall inform in writing to the village officer and the Tahsildar
within thirty days from the date on which the change of use of land commenced.
(3) If the person fails to inform the village officer and the Tahsildar within the period specified in sub-section (2),
he shall be liable to pay in addition to the non-agricultural assessment, a fine of rupees twenty-five thousand or
forty times of the non-agricultural assessment, whichever is higher.
(4)
(a) On receipt of the information in writing from the person, who obtained the development permission, and on
payment of conversion tax at the rate mentioned in section 47A and the non-agricultural assessment therefor, it
shall be incumbent upon the concerned revenue authority to grant him sanad in the form prescribed under the
rules within a period of thirty days from payment thereof. In case of delay in issuing such sanad, the concerned
authority shall record his reasons for the same.
Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or omission, it shall
be lawful for the concerned authority either of his own motion or on the application of a person affected by the
error, to direct at any time the correction of any such error.
(b) While granting no objection certificate for the use of land under clause (b) of sub-section (1) or permission
under the Code, the Collector shall grant the no objection certificate or permission relying upon the Data Bank
prepared and certified by the concerned authorities at the District level.
(c) It shall be the responsibility of the District Head of the concerned Department to update the Data Bank, from
time to time.
SECTION 42B. - PROVISION FOR CONVERSION OF LAND USE FOR LANDS INCLUDED IN FINAL
DEVELOPMENT PLAN AREA

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(1) Notwithstanding anything contained in Sections 42, 42A, 44 and 44A, upon publication of the final
Development Plan in any area as per the provisions of the Maharashtra Regional and Town Planning Act, 1966,
the use of any land comprised in such area shall, if conversion tax, nonagricultural assessment and, wherever
applicable, nazarana or premium and other Government dues as provided for in sub-section (2) are paid, be
deemed to have been converted to the use shown by way of allocation, reservation or designation in such
Development Plan and no separate permission under Section 42 or section 44 shall be required for the use of such
land for the use permissible under such Development Plan :
Provided that, where a final Development Plan is already published on or before the date of commencement
of the Maharashtra Land Revenue Code (Amendment) Act, 2017 (hereinafter in this section referred to as “the
commencement date”), any land comprised in the area under such Development Plan shall, if the
conversion tax, non-agricultural assessment and wherever applicable, nazarana or premium and other
Government dues as provided for in sub-section (2) are paid, be deemed to have been converted to the use
shown by way of allocation, reservation or designation in respect of such land in such final Development
Plan.
(2) Upon publication of the final Development Plan in any area and where there is a final Development Plan
already published, after the commencement date, the Collector shall, on an application made in this regard or suo
motu, determine or cause to be determined the conversion tax at the rate mentione in section 47A and the non-
agricultural assessment for such land on the basis of the use shown in the Development Plan and give a notice
thereof to the concerned occupant for making payment thereof :
Provided that, where such land is held as Occupant Class-II, the Collector shall also examine the documents by
which such land is granted as such and the relevant laws, rules and the Government orders by which such land is
governed and if the conversion to the use shown in the final Development Plan is permissible there under, the
Collector shall, wherever necessary, after obtaining prior approval of the authority competent to allow such
conversion, determine nazarana or premium and other Government dues payable for such conversion, as per
special or general orders of the Government, along with the amount of conversion tax and non-agricultural
assessment, as aforesaid, and communicate the same to the occupant for making payment.
If the payment as required under this sub-section is done by the occupant, the Collector shall grant him sanad in
the form prescribed under the rules within a period of sixty days from payment thereof. On issuance of sanad,
necessary entry in the record of rights shall be made showing such land as having been converted to non-
agricultural use, with effect from the date of payment as aforesaid :
Provided further that, where the action under this sub-section is undertaken on an application made in this
regard, the notice, after determination of conversion tax and non-agricultural assessment and, wherever
applicable, the amount payable to the Government towards nazarana or premium and other Government dues as
per the prevailing orders of the Government, shall be issued to the concerned occupant,—
(a) in respect of land held as Occupant Class-I, within 30 days from the date of application ;
(b) in respect of land held as Occupant Class-II,—
(i) within 30 days from the date of application, where the Collector is competent to grant
permission for change of use of such land at his level ;
(ii) within 30 days from the date on which the permission of the authority, competent to allow such
conversion or change of use, is received by the Collector :
Provided also that, the non-agricultural assessment done under this section shall, wherever necessary, be revised
for a land in accordance with them development permission accorded by the Planning Authority and for this

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purpose, it shall be mandatory for the Planning Authority to furnish a copy of such development permission to the
Collector, in each case within 30 days of grant of such permission or its revision, if any.
Provided also that, the non-agricultural assessment of a land, done on the basis of the use shown in the
Development plan, shall be revised in case the Development Plan is revised or modified by the Government and as
a result thereof, the use of the land shown in the Development Plan changes, with effect from the date of such
revision or modification :
Provided also that, the challan or receipt of payment of conversion tax, non-agricultural assessment and
nazarana or premium and other Government dues under this sub-section shall be regarded as the proof of the
land having been converted to the non-agricultural use shown in the final Development plan and no further proof
shall be necessary.
(3) Nothing in sub-sections (1) and (2) shall be applicable to any land granted by the Government under Section
31 or 38, for specific purpose or to any land acquired by the Government under the relevant laws and handed over
to any individual, institution or company for use, or to any land which is under any reservation in the
Development plan but has not been acquired by the Planning Authority or the Appropriate Authority.
SECTION 42C. - PROVISION FOR COVERSION OF LAND USE FOR LANDS INCLUDED IN THE DRAFT
REGIONAL PLAN
(1) Where a land is situated in an area, for which draft Regional plan has been prepared and necessary notice
regarding such draft Regional plan has been duly published in the Official Gazette or such Regional plan has been
approved and published in the Official Gazette, the use of such land for the purposes of Section 42 or Section 44,
------------------shall be deemed to have been converted to corresponding non-agricultural use, once development
permission on such land under Section 18 of the Maharashtra Regional and Town Planning Act, 1966 is granted,
if the conversion tax and non-agricultural assessment, as per the provisions of this Act, and, in respect of a land
held as Occupant Class-II, nazarana or premium and other Government dues levied for such conversion, as per the
prevailing orders of the Government and the relevant provisions of the law, are paid.
(2) Where a land is situated in an area for which draft Regional plan or draft Development plan has been
prepared and necessary notice regarding such draft Regional plan or draft Development plan has been duly
published in the Official Gazette or such Regional plan or, as the case may be, the Development Plan has been
approved and published in the Official Gazette, the permission to build a farm building, given by the Collector
under section 18 of the Maharashtra Regional and Town Planning Act, 1966 or by the Planning Authority under
the provisions of the aforesaid Act, shall be deemed to be the permission envisaged under section 41 for such farm
building.
SECTION 42D. - PROVISION FOR COVERSION OF LAND USE FOR THE RESIDENTIAL PURPOSE.
(1) Any land situated in an area (hereinafter referred to as “peripheral area”) within 200 meters from the limts of
—
(i) the site of any village, or
(ii) town or city, where such land adjacent to the limits of such town or city is allocated to a developable zone
in the draft or final Regional Plan; shall be deemed to have been converted to non-agricultural use for

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residential purpose or the purpose admissible as per draft or final Regional Plan, subject to the provisions of
the Development Control Regulations applicable to such area.
(2) For deemed conversion of the land situated in such peripheral area to the non-agricultural user, the Collector
shall, on an application made in thisregard or suo moto, determine or cause to be determined the conversion tax
at the rate mentioned in Section 47A and the non-agricultural assessment for such land and give a notice thereof
to the concerned occupant for making payment thereof :
Provided that, where such land is held as Occupant Class-II, the Collector shall also examine the documents by
which such land is granted as such and the relevant laws, rules and the Government orders by which such land is
governed and if the conversion of the land situated in such peripheral area to the non-agricultural user for the
residential purpose or the purpose allowed as per draft or final Regional Plan is permissible thereunder,
-------------------the Collector shall, wherever necessary, after obtaining prior approval of the authority competent
to allow such conversion, determine nazarana or premium and other Government dues payable for such
conversion, as per special or general orders of the Government, alongwith the amount of conversion tax and non-
agricultural assessment, as aforesaid, and communicate the same to the occupant for making payment.
If the payment as required under this sub-section is made by the occupant, necessary entry in the record of rights
shall be made showing such land as having been converted to non-agricultural use, with effect from the date of
payment as aforesaid and the Collector shall grant him sanaad in the form prescribed under the rules within a
period of sixty days from payment thereof :
Provided further that, where the action under this sub-section is undertaken on an application made in this
regard, the notice, after determination of conversion tax and non-agricultural assessment and, wherever
applicable, the amount payable to the Government towards nazarana or premium and other Government dues as
per the prevailing orders of the Government, shall be issued to the concerned occupant,—
(a) in respect of land held as Occupant Class-I, within 30 days from the date of application; and
(b) in respect of land held as Occupant Class-II,—
(i) within 30 days from the date of application, where the Collector is competent to grant permission for
change of use of such land at his level; or
(ii) within 30 days from the date on which the permission of the authority, competent to allow such
conversion or change of use, is received by the Collector :
Provided also that, the non-agricultural assessment done under this section for residential or other admissible
purpose shall, wherever necessary, be revised in accordance with the development permission accorded by the
authority competent to grant such permission, and for this purpose, it shall be mandatory for such competent
authority to furnish a copy of such development permission to the Collector, in each case within 30 days of grant
of such building permission :
Provided also that, the challan or receipt of payment of conversion tax, non-agricultural assessment and
nazarana or premium and other Government dues under this sub-section shall be regarded as the proof of the
land having been converted to the non-agricultural use, and no further proof therefor shall be necessary.
(3) Nothing is sub-sections (1) and (2) shall be applicable to any land granted by the Govenment under section 31
or 38, for specific purpose or to any land acquired by the Government under the relevant laws and handedover to

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any individual, institution or company for its use, or to any land which is under any reservation in the draft or
final Regional Plan but has not been acquired by the Planning Authority or the Appropriate Authority.
SECTION 43. - RESTRICTION ON USE.
Subject to the rules made by the State Government in this behalf the Collector or a Survey Officer may regulate or
prohibit the use of land liable to the payment of land revenue for purposes such as, cultivation of unarable land in
a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone,
kankar, murum or any other material from the land assessed for the purpose of agricultural only, so as to destroy
or materially injure the land for cultivation, removal of earth, stone (other than loose surface stone), kankar,
murum or any other material from the land assessed as a building site, excavation of land situated within a
gaothan ; and such other purposes as may be prescribed ; and may summarily evict any person who uses or
attempts to use the land for any such prohibited purpose.
SECTION 44. - PROCEDURE FOR CONVERSION OF USE OF LAND FROM ONE PURPOSE TO ANOTHER
(1) Subject to the provisions of Section 42(2), if an occupant of unalienated land or a superior holder of alienated
land or a tenant of such land––
(a) which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose,
or
(b) if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-
agricultural purpose, or
(c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of
the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such
occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the
occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.
(2) The Collector, on receipt of an application,––
(a) shall acknowledge the application within seven days ;
(b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or
superior holder or as the case may be, the tenant or if the consent of the tenant, or as the case may be, of
the occupant or superior holder has not been obtained, or if it is not in accordance with the form
prescribed;
(c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify
subject to any rules made in this behalf by the State Government ; or refuse the permission applied for, if it
is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any
scheme for the planned development of a village, town or city in force under any law for the time being in
force and in the case of land which is to be used as building sites in order to secure in addition that the
dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the
occupiers or are suitable to the locality ; ---------------where an application is rejected, the Collector shall
state the reasons in writing of such rejection.

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(3) If the Collector fails to inform the applicant of his decision within ninety days from the date of
acknowledgement of the application, or from the date of receipt of the application–if the application is not
acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or
where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2), then
within ninety days or as the case may be, within fifteen days] from the date on which it is again presented duly
complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions
prescribed in the rules made by the State Government in respect of such user.
(4) The person to whom permission is granted or deemed to have been granted under this section shall inform the
Tahsildar in writing through the village officers the date on which the change of user of land commenced, within
thirty days from such date.
(5) If the person fails to inform the Tahsildar within the period specified in sub-section (4), he shall be liable to
pay in addition to the non-agricultural assessment 2[such fine not exceeding Five hundred rupees or such amount
as may be prescribed, whichever is higher, as may be directed by the Collector].
(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder
thereof in the form prescribed under the rules. It shall be lawful for the Collector either of his own motion or on
the application of a person affected by the error, to direct at any time the correction of any clerical or
arithmetical error in the sanad arising from any accidental slip or omission.
SECTION 44A. - NO PERMISSION REQUIRED FOR BONA FIDE INDUSTRIAL USE OF LAND
(1) Notwithstanding anything contained in section 42 or 44, where a person desires to convert any land held for
the prupose of agriculture or held for a particular non-agricultural purpose, situated,––
(i) within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft
or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning
Act, 1966, or any other law for the time being in force ; or within the agricultural zone of any of such plans or
schemes and the development control regulations or rules framed under such Act or any of such laws permit
industrial use of land ; or
(ii) within the area where no plan or scheme as aforesaid exists, 4[for a bona-fide industrial use ; or
(iii) within the area undertaken by a private developer 5[as an Integrated Township Projectthen, no
permission for such conversion of use of land shall be required, subject to the following conditions,
namely :––
(a) the person intending to put the land to such use has a clear title and proper access to the said land ;
(b) such person has satisfied himself that no such land or part thereof is reserved for any other public
purpose as per the Development plan (where such plan exists) and the proposed bona fide industrial use
or Integrated Township Project, as the case may be, does not conflict with the overall scheme of the said
Development plan ;
(c) no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 or the
Maharashtra Industrial Development Act, 1961 or covers the alignment of any road included in the 1981-
2001 Road Plan or any subsequent Road Plan prepared by the State Government ;

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(d) such person ensures that the proposed industry or Integrated Township Project, as the case may be,
does not come up within thirty metres of any railway line or within fifteen metres of a high voltage
transmission line ;
(e) there shall be no contravention of the provisions of any law, or any rules, regulations or orders made
or issued, under any law for the time being in force, by the State or Central Government or any local
authority, statutory authority, Corporation controlled by the Central or State Government or any
Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon
Development Rules, Building Regulation, or rules or any provisions with regard to the benefitted zones of
irrigation project and also those pertaining to environment, public health, peace or safety:
Provided that, the provisions of this sub-section shall not apply to the areas notified as the Eco-sensitive Zone, by
the Government of India.
(2) The person so using the land for a bona fide industrial use or Integrated Township Project, as the case may be,
shall give intimation of the date on which the change of user of land has commenced and furnish other
information, in the prescribed form within thirty days from such date, to the Tahsildar through the village
officers, and shall also endorse a copy thereof to the Collector :
Provided that, where such change of user of land has commenced before the rules prescribing such form are
published finally in the Official Gazettesuch intimation and information shall be furnished within thirty days from
the date on which such rules are so published.
(3) (a) If the person fails to inform the Tahsildar and the Collector, as aforesaid, within the period specified in sub-
section (2) or on verification it is found from the information given by him in the prescribed form that, the use of
land is in contravention of any of the conditions specified in sub-section (1), he shall be liable to either of, or to
both, the following penalties, namely :––
(i) to pay in addition to the non-agricultural assessment which may be leviable by or under the
provisions of the Code, such penalty not exceeding rupees ten thousand or such amount as may be
prescribed, whichever is higher, as the Collector may direct :
Provided that, the penalty so levied shall not be less than twenty times the non-agricultural assessment
of such land irrespective whether it does or does not exceed rupees ten thousand ;
(ii) to restore the land to its original use. (b) Where there has been a contravention of any of the
conditions specified in sub-section (1), such person shall, on being called upon by the Collector, by notice
in writing, be required to do anything to stop such contravention as directed by such notice and within
such period as specified in such notice; and such notice may also require such person to remove any
structure, to fill up any excavation or to take such other steps as may be required in order that the land
may be used for its original purpose or that the conditions may be satisfied within the period specified in
the notice.
(4)
(a) If any person fails to comply with the directions or to take steps required to be taken within the period
specified in the notice, as aforesaid, the Collector may also impose on such person a further penalty not exceeding
five thousand rupees or such amount as may be prescribed, whichever is higher, for such contravention, and a
daily penalty not exceeding one hundred rupees or such amount as may be prescribed, whichever is higher, for
each day during which the contravention continues.

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(b) It shall be lawful for the Collector himself to take or cause to be taken such steps as may be necessary ; and
any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.
(5) As soon as an intimation of use of land for bona fide industrial use or Integrated Township Project], as the
case may be, is received under sub-section (2) and on verification it is found that the holder of the land fulfils all
the conditions specified in sub-section (1), a sanad shall be granted to the holder thereof in the prescribed form
within a period of sixty days in case of bona-fide industrial use and ninety days in case of Integrated Township
Project from the date of receipt of such intimation. Where there is any clerical or arithmetical error in the sanad
arising from any accidental slip or omission, it shall be lawful for the Collector either of his own motion or on the
application of a person affected by the error to direct at any time the correction of any such error.
Explanation-I.––For the purposes of this section “bona fide industrial use” means the activity of manufacture,
preservation or processing of goods, or any handicraft, or industrial business or enterprise, carried on by any
person or the activity of tourism, within the area notified as the tourist place or hill station, by the State
Government and shall include construction of industrial buildings used for the manufacturing process or purpose,
or power projects and ancillary industrial usages like research and development, godown, canteen, office-building
of the industry concerned or providing housing accommodation to the workers of the industry concerned, or
establishment of an industrial estate including co-operative industrial estate, service industry, cottage industry,
gramodyog units or gramodyog Vasahats.
Explanation-II.––For the purposes of this section, “Integrated Township Project” means Integrated Township
Project or projects under the Regulations framed for development of Integrated Township Project by the
Government, under the provisions of the Maharashtra Regional and Town Planning Act, 1966.
SECTION 45. - PENALTY FOR SO USING LAND WITHOUT PERMISSION
(1) If any land held or assessed for one purpose is used for another purpose––
(a) without obtaining permission of the Collector under section 44 or before the expiry of the period after which
the change of user is deemed to have been granted under that section, or in contravention of any of the terms and
conditions subject to which such permission is granted, or
(b) in contravention of any of the conditions subject to which any exemption or concession in the payment of land
revenue in relation to such land is granted, the holder thereof or other person claiming through or under him, as
the case may be, shall be liable to the one or more of the following penalties, that is to say,––
(i) to pay non-agricultural assessment on the land leviable with reference to the altered use ;
(ii) to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions
of this Code such fine as the Collector may, subject to rules made by the State Government in this behalf,
direct ;
(iii) to restore the land to its original use or to observe the conditions on which the permission is granted
within such reasonable period as the Collector may by notice in writing direct ; and such notice may require
such person to remove any structure, to fill up any excavation or to take such other steps as may be
required in order that the land may be used for its original purpose or that the conditions may be satisfied.
(2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the
Collector may also impose on such person a penalty not exceeding three hundred rupees or such amount as may

lOMoARcPSD|18208158
be prescribed, whichever is higher, for such contravention, and a further penalty not exceeding thirty rupees or
such amount as may be prescribed, whichever is higher,] for each day during which the contravention is persisted
in. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall
be recoverable from such person as if it were an arrear of land revenue.
Explanation.––Using land for the purpose of agriculture where it is assessed with reference to any other purpose
shall not be deemed to be change of user. 46. If a tenant of any holder or any person claiming under or through
him uses land for a purpose in contravention of the provisions of section 42, 43 or 44 without the consent of the
holder and thereby renders the holder liable to the penalties specified in section 43, 44 or 45, the tenant or the
person, as the case may be, shall be responsible to the holder in damages.
SECTION 46. - RESPONSIBILITY OF TENANT OR OTHER PERSON FOR WRONGFUL USE.
If a tenant of any holder or any person claiming under or through him uses land for a purpose in contravention of
the provisions of section 42, 43 or 44 without the consent of the holder and thereby renders the holder liable to
the penalties specified in section 43, 44 or 45, the tenant or the person, as the case may be, shall be responsible to
the holder in damages.
SECTION 47A. - LIABILITY FOR PAYMENT OF CONVERSION TAX BY HOLDER FOR CHANGE OF USER OF
LAND
(1) There shall be levied and collected additional land revenue, to be called the conversion tax, on account of
change of user of lands.
(2) Where any land assessed or held for the purpose of agriculture is situated within 4[the limits of Mumbai
Municipal Corporation area excluding the area of the Mumbai City District or any other Municipal Corporation
area or of any ‘A’ Class or ‘B’ Class Municipal area or of any peripheral area of any of them, and–
(a) is permitted, or deemed to have been permitted under sub-section (3) of section 44, to be used for any
non-agricultural purpose ;
(b) is used for any non-agricultural purpose, without the permission of the Collector being first obtained, or
before the expiry of the period referred to in sub-section (3) of Section 44, and is regularised under clause (b)
of section 47 ; or
(c) is put to a bona fide industrial use as provided in Section 44A,––then, the holder of such land shall, subject
to any rules made in this behalf, be liable to pay to the State Government, the conversion tax, which shall be
equal to five times or such amount as may be prescribed, whichever is higher, of the non-agricultural
assessment leviable on such land, in accordance with the purpose for which it is so used or permitted to be
used.
(3) Where any land assessed or held for any non-agricultural purpose is situated in any of the areas referred to in
sub-section (2), and––
(a) is permitted, or deemed to have been permitted, to be used for any other non-agricultural purpose ;

lOMoARcPSD|18208158
(b) is used for any other non-agricultural purpose, without the permission of the Collector being first
obtained, or before the expiry of the period referred to in sub-section (3) of section 44, and is regularised
under clause (b) of section 47 ; or
(c) is put to a bona fide industrial use as provided in Section 44A,–– then, the holder of such land shall, subject to
any rules made in this behalf, be liable to pay to the State Government, the conversion tax, which shall be equal to
five times or such amount as may be prescribed, whichever is higher, of] the non-agricultural assessment leviable
on such land, in accordance with the purpose for which it is so used or permitted to be used.
Explanation.––For the purposes of this section,––

(1)
(a) “ Mumbai Municipal Corporation” means the Mumbai Municipal Corporation constituted under the
Mumbai Municipal Corporation Act ;
(b) “any other Municipal Corporation” means all the other existing Municipal Corporations, constituted
under the City of Nagpur Corporation Act, 1948† or the Bombay Provincial Municipal Corporation Act,
1949*, as the case may be ;
(c) “ ‘A’ Class or ‘B’ Class Municipal area” means any Municipal area classified as ‘A’ Class or, as the case may
be, ‘B’ Class Municipal area under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 ;
(2) “ Peripheral area ” in relation to––
(a) Mumbai Municipal Corporation area (excluding the area of the Mumbai City District) and Municipal
Corporation areas of the Nagpur and Pune Municipal Corporations means the area within eight kilometres
from their periphery ; and
(b) all the other Municipal Corporations areas means the area within five kilometres from their periphery;
(c) any ‘A’ Class or ‘B’ Class Municipal area, means the area within one kilometre from the periphery of each
of such ‘A’ Class or ‘B’ Class Municipal areas.
SECTION 48. - GOVERNMENT TITLE TO MINES AND MINERALS.
(1) The right to all minerals at whatever place found, whether on surface or undergorund, including all derelict
or working mines and quarries, old dumps, pits, fields, bandhas, nallas, creeks, river-beds and such other places, is
and is hereby declared to be expressly reserved and shall vest in the State Government which shall have all powers
necessary for the proper enjoyment of such rights.
(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and
quarrying and right to occupy such other land as may be necessary for purposes subsidiary thereto, including
erection of offices, workmen’s dwelling and machinery, the stacking of minerals and deposit of refuse, the
construction of roads, railways or tram-lines, and any other purposes which the State Government may declare to
be subsidiary to mining and quarrying.
(3) If the State Government has assigned to any person its right over any minerals, mines or quarries, and if for
the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and
(2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservations as

lOMoARcPSD|18208158
he may specify, delegate such powers to the person to whom the right has been assigned : Provided that, no such
delegation shall be made until notice has been duly served on all persons having rights in the land affected, and
their objections have been heard and considered.
(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the
occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such
persons compensation for such infringement and the amount of such compensation shall, in the absence of
agreements, be determined by the Collector or, if his award is not accepted, by the civil court, in accordance with
the provisions of the Land Acquisition Act, 1894.
(5) No assignee of the State Government shall enter on or occupy the surface of any land without the previous
sanction of the Collector unless compensation has been determined and tendered to the persons whose rights are
infringed :
Provided that, it shall be lawful for the Collector to grant interim permission pending the award of the civil court
in cases where the question of determining the proper amount of compensation is referred to such court under
sub-section (4)
(6) If an assignee of the State Government fails to pay compensation as provided in sub-section (4), the Collector
may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land
revenue.
(7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any
mineral from working or derelict mines, quarries, old dumps, fields, bandhas (whether on the plea of repairing or
constructions of bund of the fields or any other plea), nallas, creeks, riverbeds, or such other places wherever
situate, the right to which vests in, and has not been assigned by the State Government, shall, without prejudice to
any other mode of action that may be taken against him, be liable, on the order in writing of the Collector or any
revenue officer not below the rank of Tahsildar authorised by the collector in this behalf , to pay penalty of an
amount upto five timesthe market value of the minerals so extracted, removed, collected, replaced, picked up or
disposed of, as the case may be :
(8)
(1) Without prejudice to the provision of sub-section (7), the Collector or any revenue officer not below the
rank of Tahsildar authorised 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 or other place referred to in
sub-section (7), the right to which vests in, and has not been assigned by the State Government, and may also
seize and confiscate any machinery and equipment used for unauthorised extraction, removal, collection,
replacement, picking up or disposal of minor minerals and any means of transport deployed to transport the
same.
(2) Such machinery or equipment or means of transport, used for unauthorised extraction, removal,
collection, replacement, picking up or disposal of minor minerals or transportation thereof, which is seized
under sub-section (1), shall be produced before the Collector or such other officer not below the rank of
Deputy Collector authorised by the Collector in this behalf, within a period of forty-eight hours of such
seizure, who may release such seized machinery, equipment or means of transport on payment by the owner
thereof of such penalty as may be prescribed and also on furnishing personal bond of an amount not
exceeding the market value or the seized machinery, equipment or means of transport, stating therein that
such seized machinery, equipment or means of transport shall not be used in future for unauthorized

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extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of
the same.
(9) The State Government may make rules to regulate the extraction and removal of minor minerals required by
the inhabitants of a village, town or city for their domestic, agricultural or professional use on payment of fees or
free of charge as may be specified in the rules.
(10) Notwithstanding anything contained in this Act, prior to grant of prospecting license or mining lease for
minor minerals and for grant ofconcession for the exploitation of minor minerals by auction in the Scheduled
Areas referred to in clause (1) of article 244 of the Constitution of India, the consent of the Gram Sabha or the
Panchayats at the appropriate level shall be mandatory.
Explanation.—For the purposes of this sub-section “Gram Sabha” shall have the same meaning as assigned to it in
Chapter III A of the Maharashtra Village Panchayats Act.
Explanation.—For the purposes of this section, “minor minerals” means the minor minerals in respect of which
the State Government is empowered to make rules under section 15 of the Mines and Minerals (Regulation and
Development) Act, 1957.
SECTION 49. - CONSTRUCTION OF WATER COURSE THROUGH LAND BELONGING TO OTHER PERSON.
(1) If any person (hereinafter called “the applicant”) desires to construct a water course to take water to irrigate
his land for the purpose of agriculture from a source of water to which he is entitled (including any source of
water belonging to Government from which water is permitted to be taken) but such water course is to be
constructed through any land which belongs to or is in possession of another person (hereinafter called “the
neighbouring holder”), and if no agreement is arrived at for such construction between the applicant and the
neighbouring holder, the person desiring to construct the water course may make an application in the
prescribed form to the Tahsildar.
Explanation.—For the purposes of this section, the neighbouring holder includes the person to whom the land
belongs and all persons holding through or under him.
(2) On receipt of the application, if the Tahsildar after making an enquiry and after giving the neighbouring
holder and all other persons interested in the land, an opportunity of stating any objection to the application, is
satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is
necessary to construct the water course, he may by order in writing, direct the nighbouring holder to permit the
applicant to construct the water course on the following conditions :—
(i) The water course shall be constructed through such land in such direction and manner as is agreed upon
by the parties, or failing agreement, as directed by the Tahsildar, so as to cause as little damage to the land
through which it is constructed, as may be possible.
(ii) Where the water course consists of pipes laid under or over the surface, it shall, as far as possible, be
along the shortest distance through such land, regard being had to all the circumstances of the land of the
neighboring holder. Where the water course consists of underground pipes, the pipes shall be laid at a
depth not less than half a metre from the surface of the land.
(iii) Where the water course consists of a water channel, the width of the channel shall not be more than is
absolutely necessary for the carriage of water, and in any case shall not exceed one and one-half metres.

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(iv) The applicant shall pay to the neighboring holder—
(a) such compensation for any damage caused to such land by reason of the construction of the
water course injuriously affecting such land and ;
(b) such annual rent as the Tahsildar may decide to be reasonable in cases where the water course
consists of a water channel and pipes laid over the surface; and where it consists of underground
pipes, say, at a rate of twenty five paise or such amount as may be prescribed, whichever is higher,
for every ten metres or a fraction thereof for the total length of land under which the underground
pipe is laid.
(v) The applicant shall maintain the water course in a proper state of repair.
(vi) Where the water course consists of underground pipes, the applicant shall—
(a) cause the underground pipe to be laid with the least practicable delay ; and
(b) dig up no more land than is reasonably necessary for the purpose of laying the underground
pipe and any land so dug up shall be filled in, reinstated and made good by the applicant at his own
cost for use by the neighbouring holder.
(vii) Where the applicant desires to lay, repair or renew the pipe, he shall do so after reasonable notice to
the neighbouring holders of his intention so to do and in so doing shall cause as little damage as possible to
the land or any crops standing thereon.
(viii) Such other conditions as the Tahsildar may think fit to impose.
(3) An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned
among the neighbouring holders and all persons interested in the land.
(4) Any order made under sub-section (2) shall be final and be a complete authority to him or to any agent or
other person employed by him for the purpose to enter upon the land specified in the order with assistants or
workmen and to do all such work as may be necessary for the construction of the water course and for renewing
or repairing the same.
(5) If the applicant in whose favour an order under sub-section (2) is made—
(a) fails to pay the amount of compensation or the amount of rent, it shall be recovered as an arrear of land
revenue, on an application being made to the Tahsildar by the person entitled thereto ;
(b) fails to maintain the water course in a proper state of repairs, he shall be liable to pay such
compensation as may be determined by the Tahsildar for any damage caused on account of such failure.
(6) If a person intends to remove or discontinue the water course constructed under the authority conferred on
him under this section, he may do so after giving notice to the Tahsildar and the neighbouring holder. In the event
of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land
at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the
Tahsildar who shall require such person to fill in and reinstate the land.
(7) The neighbouring holder or any person, on his behalf shall have the right to the use of any surplus water from
the water course on payment of such rates as may be agreed upon between the parties, and on failure of

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agreement, as may be determined by the Tahsildar. If a dispute arises whether there is or is no surplus water in
the water course, it shall be determined by the Tahsildar, and his decision shall be final.
(8) There shall be no appeal from any order passed by a Tahsildar under this section. But the Collector may call
for and examine the record of any case and if he considers that the order passed by the Tahsildar is illegal or
improper, he may, after due notice to the parties, pass such order as he deems fit.
(9) The orders passed by the Tahsildar or Collector under this section shall not be called in question in any Court.
(10) Where any person, who after a summary inquiry before the Collector or a Survey Officer, Tahsildar or Naib-
Tahsildar is proved to have wilfully injured or damaged any water course duly constructed or laid under this
section, he shall be liable to a fine not exceeding one hundred rupees or such amount as may be prescribed,
whichever is higher, every time for the injury or damage so caused.
SECTION 50 - REMOVAL OF ENCROACHMENTS OF LAND VESTING IN GOVERNMENT;

PROVISIONS FOR PENALTY AND OTHER INCIDENTAL MATTERS.
(1) In the event of any encroachment being made on any land or foreshore vested in the State Government
(whether or not in charge of any local authority) or any such land being used for the purpose of hawking or
selling articles without the sanction of the competent authority, it shall be lawful for the Collector to summarily
abate or remove any such encroachment or cause any article whatsoever hawked or exposed for sale to be
removed; and the expenses incurred therefor shall be leviable from the person in occupation of the land
encroached upon or used as aforesaid.
(2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached
upon shall pay, if the land encroached upon forms part of an assessed survey number, assessment for the entire
number for the whole period of the encroachment, and if the land has not been assessed, such amount of
assessment as would be leviable for the said period in the same village on the same extent of similar land used for
the same purpose. Such person shall pay in addition a fine which shall be one thousand rupees or such amount as
may be prescribed, whichever is higher,--------- if the land is used for an agricultural purpose, and if used for a
purpose other than agriculture such fine not exceeding two thousand rupees or such amount as may be
prescribed, whichever is higher]. The person caught hawking or selling any articles shall be liable to pay fine of a
sum not exceeding fifty rupees or such amount as may be prescribed, whichever is higher, as the Collector may
determine.
(3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement
or removal of encroachments on any such lands, and shall fix in such notice a date, which shall be a reasonable
time after such notice, on which the same shall take effect.
(4) Every person who makes, causes, permits or continues any encroachment on any land referred to in a notice
issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be liable at the
discretion of the Collector to a fine not exceeding 5[twenty-five rupees or suchamount as may be prescribed,
whichever is higher] in the case of encroachment for agricultural purposes and fifty rupees or such amount as
may be prescribed, whichever is higher] in other cases for every day during any portion of which the
encroachment continues after the date fixed for the notice to take effect.

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(5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with
the provisions of this Code. (6) Nothing contained in sub-sections (1) to (4) shall prevent any person from
establishing his rights in a civil court within a period of six months from the date of the final order under this
Code.
SECTION 51. - REGULARISATION OF ENCROACHMENTS.
Nothing in section 50 shall prevent the Collector, if the person making the encroachment so desires, to charge the
said person a sum not exceeding five times or such amount as may be prescribed, whichever is higher] the value of
the land so encroached upon and to fix an assessment not exceeding five times or such amount as may be
prescribed, whichever is higher] the ordinary annual land revenue thereon and to grant the land to the
encroacher on such terms and conditions as the Collector may impose subject to rules made in this behalf; and
then to cause the said land to be entered in land records in the name of the said person :
Provided that, no land shall be granted as aforesaid, unless the Collector gives public notice of his intention so to
do in such manner as he considers fit, and considers any objections or suggestions which may be received by him
before granting the land as aforesaid. The expenses incurred in giving such public notice shall be paid by the
person making the encroachment ; and on his failure to do so on demand within a reasonable time, shall be
recovered from him as an arrear of land revenue.
SECTION 52. - VALUE AND LAND REVENUE HOW CALCULATED
(1) For the purposes of sections 50 and 51, the value of land that has been encroached upon shall be fixed by the
Collector according to the market value of similar land in the same neighbourhood at the time of such valuation;
and the annual revenue of such land shall be assessed at the same rate as the land revenue of similar land in the
vicinity.
(2) The Collector’s decision as to the value of land and the amount of land revenue or assessment payable for the
land encroached upon shall be conclusive, and in determining the amount of land revenue, occupation for a
portion of year shall be counted as for a whole year.
SECTION 53. - SUMMARY EVICTION OF PERSON UNAUTHORISEDLY OCCUPYING LAND VESTING IN

GOVERNMENT.
(1) If in the opinion of the Collector any person is unauthorized occupying or wrongfully in possession of any land
or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to continue the use,
occupation or possession of any such land or foreshore by reason of the expiry of the period of lease or tenancy or
termination of the lease or tenancy or breach of any of the conditions annexed to the tenure, it shall be lawful for
the Collector to evict such person.
(1-A) Before evicting such person, the Collector shall give him a reasonable opportunity of being heard and the
Collector may make a summary enquiry, if necessary. The Collector shall record his reasons in brief, for arriving at
the opinion required by sub-section (1).
(2) The Collector shall, on his finding as aforesaid, serve] a notice on such person requiring him within such time
as may appear reasonable after receipt of the said notice to vacate the land or foreshore, as the case may be and
if such notice is not obeyed, the Collector may remove him from such land or foreshore.
(3) A person unauthorized occupying or wrongfully in possession of land after he has ceased to be entitled to
continue the use, occupation or possession by virtue of any of the reasons specified in sub-section (1), shall also be
liable at the discretion of the Collector to pay a penalty not exceeding 1[two times the assessment or rent for the

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land or such amount as may be prescribed, whichever is higher,] for the period of such unauthorized use or
occupation.
SECTION 54. - FORFEITURE AND REMOVAL OF PROPERTY LEFT OVER AFTER SUMMARY EVICTION
(1) After summary eviction of any person under section 53, any building or other construction erected on the land
or foreshore or any crop raised in the land shall, if not removed by such person after such written notice as the
Collector may deem reasonable, be liable to forfeiture or to summary removal.
(2) Forfeitures under this section shall be adjudged by the Collector and any property so forefeited shall be
disposed of as the Collector may direct ; and the cost of the removal of any property under this section shall be
recoverable as an arrear of land revenue.
SECTION 54 A - ADDITIONAL TEMPORARY POWERS FOR TERMINATION OF LICENCES, AND REMOVAL

OF ANY BUILDING OR OTHER STRUCTURE ON ANY LAND OR FORESHORE WHICH IS FORFEITED AND OF
PERSONS REENTERING OR REMAINING ON THE LAND OR FORESHORE AFTER EVICTION.
Where,––
(a) any person is evicted from any land or foreshore under section 53;
(b) any building or other structure erected on any land or foreshore is forfeited under section 54;
(c) any person who entered unauthorisedly on the land or foreshore, is allowed to stay thereafter on payment
of a licence fee for the land, or structure thereon, or both,–– then, without prejudice to any other proceedings
which may be taken against any such person, or in respect of the structure given on licence as aforesaid,––
(1) the Collector or any officer of Government authorised by the Collector may, notwithstanding anything
contained in any law, or in any contract or agreement, for the time being in force, at any time by order direct that
the licence or permission (if any) granted to any such person shall be deemed to be terminated forthwith ;
(2) the Collector, may, by written notice, which shall not be of less duration than 24 hours, require any person for
the time being in occupation of the forfeited structure, to show sufficient cause, on or before such day and hour as
shall be specified in such notice, why the forfeited building or other structure shall not be pulled down or
removed; and if such person fails to show cause, on or before the specified day and hour, to the satisfaction of the
Collector, the Collector may pull down or remove the building or other structure, as the case may be; and
(3) no person (including the person evicted) shall, without the previous permission of the Collector, enter on, or be
on or in, or pass over, any such land or foreshore; and if any person enters on or remains on or in or passes over
the land or foreshore in contravention of this section, he may be removed therefrom by the Collector or officer
authorised; and the Collector or officer authorised may take all such assistance as is necessary for the purpose.

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CHAPTER X - LAND RECORDS
A––RECORD OF RIGHTS
SECTION 147. - EXEMPTION FROM PROVISIONS OF THIS CHAPTER
The State Government may, by notification in the Official Gazette, direct that the provisions of sections 148 to 159
(both inclusive) or any part thereof, shall not be in force in any specified local area, or with reference to any class
of villages or lands, or generally.
SECTION 148. - RECORD OF RIGHTS.
A record of rights shall be maintained in every village and such record shall include the following particulars
(a) the names of all persons (other than tenants) who are holders, occupants, owners or mortgagees of the
land or assignees of the rent or revenue thereof ;
(b) the names of all persons who are holding as Government lessees or tenants including tenants within the
meaning of relevant tenancy law ;
(c) the nature and extent of the respective interests of such person and the conditions or liabilities, if any,
attaching thereto ;
(d) the rent or revenue, if any, payable by or to any of such persons ;
(e) such other particulars as the State Government may prescribe by rules made in this behalf, either generally
or for purposes of any area specified therein.
SECTION 148A. - MAINTAINCE OF RECORD OF RIGHTS ETC., BY USING SUITABLE STORAGE DEVICE.
The record of rights maintained under section 148 and the land records maintained under the other provisions of
this Chapter may also be so maintained by using a suitable storage device.

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SECTION 149. - ACQUISITION OF RIGHTS TO BE REPORTED.
Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or
otherwise, any rights as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land
situated in any part of the State or assignee of the rent or revenue thereof, shall report orally or in writing his
acquisition of such right to the Talathi within three months from the date of such acquisition, and the said Talathi
shall at once give a written acknowledgemet of the receipt of such report to the person making it :
Provided that, where the person acquiring the right is minor or otherwise disqualified, his guardian or other
person having charge of his property shall make the report to the Talathi :
Provided further that, any person acquiring a right with the permission of the Collector or by virtue of a
registered document shall be exempted from the obligation to report to the Talathi :
Provided also that, where a person claims to have acquired a right with the permission of the Collector where
such permission is required under the provisions of this Code or any law for the time being in force, such person
shall on being required by the Talathi so to produce such evidence of the order by which such permission is given
as may be required by rules made under this Code.
Explanation I.—The rights mentioned above include a mortgage without possession, but do not include an
easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of
Property Act, 1882.
Explanation II.—A person in whose favour a mortgage is discharged or extinguished or lease determined,
acquires a right within the meaning of this section.
Explanation III.—For the purpose of this Chapter, the term “Talathi” includes any person appointed by the
Collector to perform the duties of a Talathi under this Chapter.
SECTION 150. - REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES.
(1) The Talathi shall enter in a register of mutations every report made to him under section 149 or any
intimation of acquisition or transfer under Section 154 or from any Collector.
(2) Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete
copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing
from the record of rights or register of mutations to be interested in the mutation, and to any other person whom
he has reason to believe to be interested therein.
Provided that, where the record of rights are maintained under Section 148A by using the storage device, as soon
as the Tahsildar in the Taluka receives an intimation under Section 154, the Talathi in the Tahsildar office shall
send it to all persons appearing from the record of rights or register of mutations to be interested in the mutation
and to any other person whom he has reason to believe to be interested therein and also to the concerned Talathi
of the village, by short message service or electronic mail or any such device as may be prescribed; and upon
receipt of such intimation, them Talathi of the village shall immediately make an entry in the register of
mutations :

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Provided further that, no such intimation as provided under the first proviso shall be required to be sent by the
Talathi in the Tahsildar office of the persons who have executed to document in person before the officer
registering the document under the Indian Registration Act, 1908.
(3) When any objection to any entry made under sub-section (1) in the register of mutations is made either orally
or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of the objections in a register
of disputed cases. The Talathi shall at once give a written acknowledgement for the objection to the person
making it in the prescribed form.
(4) Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a
Revenue or Survey Officer not below the rank of an Aval Karkun and orders disposing of objections entered in such
register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by
rules made by the State Government in this behalf.
(5) The transfer of entries from the register of mutations to the record of rights shall be effected subject to such
rules as may be made by the State Government in this behalf :
Provided that, an entry in the register of mutations shall not be transferred to the record of rights until such entry
has been duly certified.
(6) Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be,
shall be certified by any Revenue or Survey Officer not below the rank of an Aval Karkun in such manner as may
be prescribed :
Provided that, entries in respect of which there is no dispute may be tested and certified by a Circle Inspector :
Provided further that, no such entries shall be certified unless notice in that behalf is served on the parties
concerned.
(7) The State Government may direct that a register of tenancies shall be maintained in such manner and under
such procedure as may be prescribed by rules made by the State Government in this behalf.
(8) The Commissioner may specify, from time to time, the storage device for preparation, maintenance and
updation of all registers and documents to be maintained under Section 148A.
SECTION 151. - OBLIGATION TO FURNISH INFORMATION; OBLIGATION TO FURNISH ENTRIES FROM

RECORD OF RIGHTS, ETC., TO HOLDER OR TENANT IN BOOKLET FORM AND TO MAINTAIN BOOKLET,
ETC.
(1) Any person whose rights, interests or liabilities are required to be, or have been entered in any record or
register, under this Chapter shall be bound, on the requisition of any Revenue Officer or Talathi engaged in
compiling or revising the record or register, to furnish or produce for his inspection, within one month from the
date of such requisition, all such information or documents needed for the correct compilation or revision thereof
as may be within his knowledge or in his posession or power.
(2) A Revenue Officer or a Talathi to whom any information is furnished or before whom any document is
produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement
thereof to the person furnishing or producing the same and shall endorse on any such document a note under his

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signature stating the fact of its production and the date thereof and may return the same immediately after
keeping a copy of it, if necessary.
(3) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor), on
making an application in that behalf in writing, may be supplied by the Talathi with a booklet containing a copy
of the record of rights pertaining to such land.
(4) The booklet shall also contain information regarding the payment of land revenue in respect of land and other
Government dues by the holder or, as the case may be, the tenant and also information as respects the cultivation
of his land and the areas of crops sown in it as shown in the village accounts and such other matters as may be
prescribed.
(5) Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State
Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining
the booklet. The fees so charged may, subject to the orders of the State Government, if any, be retained by Revenue
Officer preparing, issuing and maintaining the booklet.
(6) Where any booklet is prepared, issued or maintained immediately before the coming into force of this Act,
such booklet shall be deemed to have been prepared, issued and maintained in accordance with the provisions of
this Act and the rules made thereunder until provision is made for preparing, issuing and maintaining the booklet
in any other form or manner under the rules made in that behalf by the State Government.
(7) Every information in so far as it relates to the record of rights, contained in the booklet prepared, issued or
maintained or deemed to have been prepared, issued or maintained in accordance with the provisions of this Code
and the rules made thereunder shall be presumed to be true until the contrary is proved or until such information
is duly modified under this Code.
SECTION 152. - FINE FOR NEGLECT TO AFFORD INFORMATION.
Any person neglecting to make the report required by Section 149, or furnish the information or produce the
documents required by Section 151 within the period specified in that section shall be liable, at the discretion of
the Collector, to be charged with a fine not exceeding five rupees, which shall be leviable as an arrear of land
revenue.
SECTION 153. - REQUISITION OF ASSISTANCE IN PREPARATION OF MAPS.
Subject to rules made in this behalf by the State Goverment—
(a) any Revenue Officer or a Talathi may for the purpose of preparing or revising any map or plan required for, or
in connection with any record or register under this Chapter exercise any of the powers of a Survey Officer under
sections 80 and 81 except the power of assessing the cost of hired labour under section 81, and
(b) any Revenue Officer of a rank not lower than that of an Assistant or Deputy Collector or of a Survey Officer
may assess the cost of the preparation or revision of such map or plan and all contingent expenses, including the
cost of clerical labour and supervision, on the lands to which such maps or plans relate and such costs shall be
recoverable as a revenue demand.
SECTION 154. - INTIMATION OF TRANSFERS BY REGISTERING OFFICERS.

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When any document purporting to create, assign or extingush any title to, or any charge on, land used for
agricultural purposes, or in respect of which a record of rights has been prepared is registered under the Indian
Registration Act, 1908, the officer registrering the document shall send intimation to the Talathi of the village in
which the land is situate and to the Tahsildar of the taluka, in such form and at such times as may be prescribed
by rules made under this Code.
SECTION 155. - CORRECTION OF CLERICAL ERRORS
The Collector may, at any time, correct or cause to be corrected any clerical errors and any errors which the
parties interested admit to have been made in the record of rights or registers maintained under this Chapter or
which a Revenue Officer may notice during the course of his inspection :
Provided that, when any error is noticed by a Revenue Officer during the course of his inspection, no such error
shall be corrected unless a notice has been given to the parties and objections, if any, have been disposed of finally
in accordance with the procedure ralating to disputed entries.
SECTION 156. - LAND RECORDS.
In addition to the map, the registers and the record of rights, there shall be prepared for each village such other
land records as may be prescribed.
SECTION 157. - PRESUMPTION OF CORRECTNESS OF ENTRIES IN RECORD OF RIGHTS AND REGISTER
OF MUTATIONS.
An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to be true
until the contrary is proved or a new entry is lawfully substituted therefor.
SECTION 158. - BAR OF SUITS.
No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have
an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted
or amended.
B—RIGHTS IN UNOCCUPIED LAND
SECTION 160 - APPLICATION OF PROVISIONS OF SECTIONS 161 TO 167
The Provisions of sections 161 to 167 shall apply to those areas in the State to which provisions corresponding
thereto applied immediately before the commencement of this Code; but the State Government may, by
notification in the Official Gazette, apply the sections aforesaid to such other areas in the State as may be
specified in the notification.
SECTION 161 - NISTAR PATRAK.
(1) The Collector shall consistently with the provisions of this Code and the rules made thereunder, prepare a
Nistar Patrak embodying a scheme of management of all unoccupied land in a village and all matters incidental
thereto, and more particularly the matters specified in section 162.

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(2) A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the residents
of the village in the manner determined by the Collector, it shall be finalised by the Collector.
(3) On a request being made by the village panchayat, or where there is no village panchayat, on the application
of not less than one-fourth of the adult residents of a village, the Collector may, at any time, modify any entry in
the Nistar Patrak after such enquiry as he deems fit.
SECTION 162 - MATTERS TO BE PROVIDED FOR IN NISTAR PATRAK
The following matters shall be provided in a Nistar Patrak, that is to say,—

(a) the terms and conditions on which grazing of cattle in the village will be permitted ;
(b) the terms and conditions on which and the extent to which any resident of the village may obtain,—
(i) wood, timber, fuel or any other forest produce ;
(ii) moram, kankar, sand, earth, clay, stones or any other minor (c) instructions regulating generally
the grazing of cattle and removal of articles mentioned in paragraph (b) ; (d) any other matter
required to be recorded in the Nistar Patrak by or under this Code.
SECTION 163. - PROVISION IN NISTAR PATRAK FOR CERTAIN MATTERS.
In preparing a Nistar Patrak the Collector shall, as far as possible, make provision for—
(a) free grazing of the cattle used for agriculture ;
(b) removal free of charge by the residents of the village for their bona fide domestic consumption of any
—(i) forest product ; (ii) minor minerals ;
(c) the concessions to be granted to the village craftsmen for the removal of articles specified in clause (b)
for the purpose of their craft.
SECTION 164. - RIGHT IN WASTE LAND OF ANOTHER VILLAGE.
(1) Where the Collector is of the opinion that waste land of any village is insufficient and it is in the public interest
to proceed under this section, he may after such enquiry as he deems fit, order that the residents of the village
shall have a right of Nistar or a right of grazing cattle, as the case may be, in the neighbouring village to the
extent specified in the order.
(2) The residents of a village having a right of grazing cattle in the neighbouring village under sub-section (1), or
government forest may make an application to the Collector for recording their right of passage for the purpose
of exercising the rights.
(3) If, on enquiry into an application made under sub-section (2), the Collector finds that the right of passage is
reasonably necessary to enable such residents to exercise a right to graze their cattle in any other village or in a

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Government forest, he shall pass an order declaring that such right of passage exists and shall state the conditions
upon which it shall be exercised.
(4) The Collector shall, thereupon, determine the route of passage through unoccupied land and shall restrict
such route in such manner as to cause minimum inconvenience to the residents of the village through which it
passes.
(5) The Collector may, if he thinks fit, demarcate such route.
(6) Orders passed by the Collector under this section shall be recorded in the Nistar Patrak.
(7) Where the village mentioned in sub-section (1) lie in different districts, the following provisions shall apply,
namely :—
(a) the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in
whose district the village over which such right is claimed lies ;
(b) any orders regarding route of passages shall be passed by the Collector in whose respective jurisdiction the
area over which passage is allowed lies ;
(c) the Collector passing an order in accordance with clauses (a) and (b) shall consult in writing the other
Collector concerned.
SECTION 165. - WAJIB-UL-ARZ.
(1) As soon as may be after this Code comes into force, the Collector shall, according to any general or special
order made by the State Government in that behalf, ascertain and record the customs in each village in regard
to––
(a) the right to irrigation or right of way or other easements ;
(b) the right to fishing ; in any land or water belonging to or controlled or managed by the State Government
or a local authority, and such record shall be known as the Wajib-ul-arz of the village.
(2) The record made in pursuance of sub-section (1) shall be published by the Collector in such manner as he may
deem fit and it shall, subject to the decision of a Civil Court in the suit instituted under sub-section (3), be final and
conclusive.
(3) Any person aggrieved by any entry made in such record may, within one year from the date of the publication
of such record under sub-section (2), institute a suit in a Civil Court to have such entry cancelled or modified.
(4) The Collector may, on the application of any person interested therein or on his own motion, modify any entry
or insert any new entry in the Wajibul-arz on any of the following grounds :––
(a) that, all persons interested in such entry wish to have it modified ; or
(b) that, by a decree in a civil suit, it has been declared to be erroneous ; or
(c) that, being founded on a decree or order of a Civil Court or on the order of a revenue officer, it is not in
accordance with such decree or order ; or

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(d) that, being so founded, such decree or order has subsequently been varied on appeal, revision or review ; or
(e) that, the Civil Court has by a decree determined any custom existing in the village.
SECTION 166. - REGULATION OF FISHING
(1) The State Government may make rules for regulating,––

(a) fishing in Government tanks ;
(b) the removal of any materials from lands belonging to the State Government. (2) Such rules may provide for
the issue of permits, the conditions attaching to such permits and the imposition of fees therefor and other
incidental matters.
SECTION 167. - PUNISHMENT FOR CONTRAVENTION OF PROVISIONS.
(1) Except as otherwise provided in this Code, any person who acts in contravention of the provisions in sections
161 to 166 or rules made under section 166 or who contravenes or fails to observe any rules or custom entered in
the Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak shall be liable to such penalty not
exceeding rupees one thousand as the Collector may, after giving such person an opportunity to be heard, deem fit
; and the Collector may further order confiscation of any produce, or any other produce which such person may
have appropriated or removed from lands belonging to the State Government.
(2) Where the Collector passes an order imposing a penalty under this section, he may direct that the whole or
any part of the penalty may be applied to meeting the cost of such measures as may be necessary to prevent loss
or injury to the public owing to such contravention, breach or non-observance.
CHAPTER - XIII
APPEALS, REVISION AND REVIEW.
SECTION 246. - APPLICATION OF THIS CHAPTER.
The provisions of this Chapter shall not apply to proceedingsbefore the Maharashtra Revenue Tribunal under
Chapter XV.
SECTION 246A. - PENDING APPLICATIONS FOR CONFERRAL OF OCCUPANTS— CLASS I RIGHTS.
Any application by a person pending before any revenue officeror, before the State Government, whether in
appeal, revision or otherwise,on the 21st April 2018, being the date of commencement of the MaharashtraLand
Revenue Code (Amendment) and the Maharashtra Land Revenue(Inclusion of certain Bhumidharis in Occupants
—Class I Permission) Rules(Repeal) Act, 2018, for permission to hold the land as Occupants—Class I,shall, with
effect from the date of commencement of the said Act be treatedas closed.
Explanation.—For the purposes of this section, the expression “land” shallmean the land in any local area in
Vidarbha, held in Bhumiswami rightswith restrictions on right to transfer, or in Bhumidhari rights in any local
area in Vidarbha.
SECTION 247. - APPEAL AND APPELLATE AUTHORITIES.

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(1) In the absence of any express provisions of the Code, or of anylaw for the time being in force to the contrary, an
appeal shall lie from anydecision or order passed by a revenue or survey officer specified in “column 1” of the
Schedule E under this Code or any other law for the time being inforce to the officer specified in column 2 of that
Schedule whether or notsuch decision or order may itself have been passed on appeal from the decisionor order of
the officer specified in ‘’column 1” of the said Schedule :
Provided that, in no case the number of appeals shall exceed two.
(2) When on account of promotion or change of designation an appealagainst any decision or order lies under
this section to the same officer whohas passed the decision or order appealed against, the appeal shall lie tosuch
other officer competent to decide the appeal to whom it may betransferred under the provisions of this Code.
SECTION 248. - APPEAL WHEN TO LIE TO STATE GOVERNMENT
An appeal shall lie to the State Government from any decision ororder passed by a Commissioner or by a
Settlement Commissioner or by aDirector of Land Record, or by a Deputy Director of Land Records investedwith
power of Director of Land Record except in the case ofany decision or order passed by such officer on appeal from
a decision ororder itself recorded in appeal by any officer subordinate to him
SECTION 249. - APPEAL AGAINST REVIEW OR REVISION.
(1) An order passed in review varying or reversing any order shallbe appealable in the like manner as an original
decision or order.
(2) An order passed in revision varying or reversing any order shall beappealable as if it were an order passed by
the revisional authority in appeal.
SECTION 250. - PERIODS WITHIN WHICH APPEALS MUST BE BROUGHT.
No appeal shall be brought after the expiration of sixty days if thedecision or order complained of have been
passed by an officer inferior inrank to a Collector or a Superintendent of Land Records in their
respectivedepartments ; nor after the expiration of ninety days in any other case. Theperiod of sixty and ninety
days shall be counted from the date on which thedecision or order is received by the appellant.
In computing the above periods, the time required to obtain a copy of the decision or order appealed against shall
be excluded.
SECTION 251. - ADMISSION OF APPEAL AFTER PERIOD OF LIMITATION.
Any appeal or an application for review under this Chapter may beadmitted after the period of limitation
perscribed therefor when the appellantor the applicant, as the case may be, satisfies the officer or the
StateGovernment to whom or to which he appeals or applies, that he had sufficientcause for not presenting the
appeal or application, as the case may be, withinsuch period.
SECTION 252. - APPEAL SHALL NOT BE AGAINST CERTAIN ORDERS.
No appeal shall lie from an order––

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(a) admitting an appeal or an application for review under section 251 ;

(b) rejecting an application for revision or review ; or
(c) granting or rejecting an application for stay.
SECTION 253. - PROVISION WHERE LAST DAY FOR APPEAL FALLS ON SUNDAY OR HOLIDAY
Whenever the last day of any period provided in this Chapter for presentation of an appeal or an application for
review falls on a Sunday orother holiday recognized by the State Government the day next following the close of
the holiday shall be deemed to be such last day.
SECTION 254. - COPY OF ORDER TO ACCOMPANY PETITION OF APPEAL.
Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which
objection is made unless the production of such copy is dispensed with.
SECTION 255. - POWER OF APPELLATE AUTHORITY
(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant
an opportunity to be heard, may summarily reject it :
Provided that, the appellate authority shall not be bound to call for therecord where the appeal is time barred or
does not lie.
(2) If the appeal is admitted, a date shall be fixed for hearing and noticethereof shall be served on the respondent.
(3) After hearing the parties, if they appear, the appellate authority may,for reasons to be recorded in writing,
either annul, confirm, modify, or reversethe order appealed against, or may direct such further investigation to
bemade, or such additional evidence to be taken as it may think necessary ; ormay itself take such additional
evidence ; or may remand the case for disposalwith such directions as it thinks fit.
(4) Any appeal filed before any revenue or survey officer shall be disposedof within a period of one year from the
date on which such appeal is filed:
Provided that, any such appeal filed before the date of commencement ofthe Maharashtra Land Revenue Code
(Amendment) Act, 2016 shall be disposedof within a period of one year from the date of such commencement
Provided further that, in exceptional circumstances, for reasons to berecorded in writing, the period for disposing
of any appeal may be extended further by six months by the State Government or an officer not below the rank of
Collector designated in this behalf who is superior to the appellate authority.
Provided also that, where the appellate authority fails to dispose of any such proceeding within the period
specified in this sub-section, the State Government alone shall be competent to grant such further extension of
time for disposing of any such proceeding as it may deem fit, after recording reasons therefor in writing.
(5) If the appellate authority fails without sufficient cause, to dispose of any appeal within the period specified in
sub-section (4), he shall be liable for disciplinary action in accordance with the concerned disciplinary rules
applicable to him.

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SECTION 256. - STAY OF EXECUTION OF ORDERS.
(1) A revenue or survey officer who has passed any order or his successor in office may, at any time before the
expiry of the period prescribed for appeal, direct the execution of such order to be stayed for such time as he
thinks fit, provided no appeal has been filed.
(2) The appellate authority may, at any time, direct the execution of the order appealed from, to be stayed for
such time as it may think fit :
Provided that, where an order against which appeal is preferred involves payment of any amount to the
Government, the execution of such order shall not be stayed unless the appellant deposits twenty-five per cent. of
such amount payable to the Government under the order impungned:
Provided further that, in exceptional cases, the appellate authority may, after recording the reasons in writing
therefor, suitably reduce such amount of deposit :
Provided also that, the amount to be deposited by the appellant as specified above shall be adjusted against the
amount found payable to the Government under the final orders passed in appeal and in case the amount finally
found payable to the Government is less than the amount deposited by the appellant, the excess amount shall be
refunded to the Appellant without any interest.
(3) The authority exercising the powers of revision or review may direct the execution of the order under revision
or review, as the case may be, to be stayed for such time as it may think fit:
Provided that, where an order against which application for revision or review is filed involves payment of any
amount to the Government, execution of such order shall not be stayed unless the applicant deposits twenty five
per cent. of such amount payable to the Government under the order impugned :
Provided further that, in exceptional cases, the authority exercising the powers of revision or review may, after
recording the reasons in writing therefor, suitably reduce such amount of deposit :
Provided also that, the amount deposited by the applicant as aforesaid shall be adjusted against the amount
found payable to the Government under the final orders passed in revision or review proceedings and in case the
amount finally found payable to the Government is less than the amount deposited by the applicant, the excess
amount shall be refunded to the applicant without any interest.
Provided also that, the provisions contained in the above provisos shall not be applicable in case the authority
exercises the powers of revision or review of any order suo motu.
(4) The appellate authority or the authority exercising the powers of revision or review may set aside or modify
any direction made under subsection (1).
(5) The revenue or survey officer or the authority directing the execution of an order to be stayed may impose
such conditions or order such security to be furnished as he or it thinks fit.
(6) No order directing the stay of execution of any order shall be passed, except in accordance with the provisions
of this section.

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SECTION 257. – POWER OF STATE GOVERNMENT & OF CERTAIN REVENUE & SURVEY OFFICERS TO
CALL FOR AND EXAMINE RECORDS AND PROCEEDINGS OF SUBORDINATE OFFICERS
(1) The State Government and any revenue or survey officer, not inferior in rank to an Assistant or Deputy
Collector or a Superintendent of Land Records, in their respective departments, may call for and examine the
record of any inquiry or the proceedings of any subordinate revenue or survey officer, for the purpose of satisfying
itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the
regularity of the proceedings of such officer:
Provided that, no such proceedings under this sub-section or sub-section (2) shall be initiated by any revenue or
survey officer after expiry of a period of five years from the date of decision or order of the sub-ordinate officer
except with the previous permission of the State Government.
(2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may in the same manner call for and
examine the proceedings of any officer sub-ordinate to them in any matter in which neither a formal nor a
summary inquiry has been held.
(3) If in any case, it shall appear to the State Government, or to any officer referred to in sub-section (1) or sub-
section (2) that any decision or order or proceedings so called for should be modified, annulled or reversed, it or
he may pass such order thereon as it or he deems fit :
Provided that, any proceeding brought before any revenue or survey officer shall be disposed of within a period of
one year from the date on which such proceeding is filed :
Provided further that, any proceeding pending under this section, before any revenue or survey officer on the date
of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 2016, shall be disposed of within a
period of one year from the date of such commencement :
Provided also that, where the revisional authority fails to dispose of any such proceeding within the period
specified in this sub-section, the State Government alone shall be competent to grant such further extension of
time for disposing of any such proceeding as it may deem fit, after recording reasons therefor in writing..
Provided also that, in exceptional circumstances, for reasons to be recorded in writing, the period for disposing of
any such proceeding may be extented further by six months by the State Government or an officer not below the
rank of Collector designated in this behalf who is superior to the revisional authority :
Provided also that, if the revisional authority fails to dispose of any such proceedings within the period specified
in sub-section (3), without sufficient cause, then he shall be liable for disciplinary action in accordance with the
concerned disciplinary rules applicable to him.
Provided also that], the State Government or such officer shall not vary or reverse any order affecting any
question of right between private persons without having given to the parties interested notice to appear and to
be heard in support of such order :
Provided also that], an Assistant or Deputy Collector shall not himself pass such order in any matter in which a
formal inquiry has been held, but shall submit the record with his opinion to the Collector, who shall pass such
order thereon as he may deem fit.

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(4) Revision of an order issued under sub-section (1) or (2) by any officer referred to therein shall not be
permissible; but it shall be lawful for the State Government alone to modify, annul or reverse any such order
issued under sub-section (1) or (2)
SECTION 258. - REVIEW OF ORDERS.
(1) The State Government and every revenue or survey officer may, either on its or his own motion or on the
application of any party interested, review any order passed by itself or himself or any of its or his predecessors in
office and pass such orders in reference thereto as it or he thinks fit :
Provided that,––
(i) if the Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed,
on the ground other than that of clerical mistake, he shall first obtain the sanction of the Commissioner or the
Settlement Commissioner, as the case may be, and if an officer subordinate to a Collector or Settlement Officer
proposes to review any order on the ground other than that of clerical mistake, whether such order is passed by
himself or his predecessor, he shall first obtain the sanction of the authority to whom he is immediately
subordinate ;
(ii) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be
heard in support of such order ;
(iii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so
long as such appeal or proceedings are pending be reviewed;
(iv) no order affecting any question of right between private persons shall be reviewed except on an application of
a party to the proceedings, and no such application of review of such order shall be entertained unless it is made
within ninety days from the passing of the order.
(2) No order shall be reviewed except on the following grounds, namely :—

(i) discovery of new and important matter or evidence ;
(ii) some mistake or error apparent on the face of the record ;
(iii) any other sufficient reason.
(3) For the purposes of this section the Collector shall be deemed to be the successor in office of any revenue or
survey officer who has left the district or who has ceased to exercise powers as a revenue or survey officer and to
whom there is no successor in the district.
(4) An order which has been dealt with in appeal or on revision shall not be reviewed by any revenue or survey
officer subordinate to the appellate or revisional authority.
SECTION 259 . - RULES AS TO DECISIONS OR ORDERS EXPRESSLY MADE FINAL.
Whenever in this Code it is provided that a decision or order shall be final or conclusive, such provision shall mean
that no appeal lies from any such decision or order ; but it shall be lawful to the State Government alone to
modify, annul or reverse any such decision or order under the provisions of section 257.

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(6) THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT,

1961.
SECTION 1 - SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such 3date as the State Government may, by notification in the Official Gazette,
appoint.
SECTION 2 –DEFINITIONS
In this Act, unless the context otherwise requires–

(1) “agriculture” includes–
(a) horticulture,
(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(c) the use by an agriculturist of land held by him, or part thereof, for grazing,
(d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab-manure,

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(e) dairy farming,

(f) poultry farming,
(g) breeding of live-stock, but, does not include the cutting of wood only;
(3) “Agriculturist” means a person who cultivates land personally;
(4) “Appointed day”means the day on which this Act comes into force;
(5) “Class of land”means land falling under any one of the following categories, that is to say,–
(a) land with an assured supply of water for irrigation and capable of yielding at least two crops in a year,
that is to say,–
(i) land irrigated seasonally as well as perennially by flow irrigation from any source constructed or
maintained by the State Government or by any Zilla Parishad or from any other natural source of water ; or
(ii) land irrigated perennially by a Government owned and managed lift from any source constructed or
maintained by the State Government or by any Zilla Parishad or from any other natural source of water ;
(b) land (other than land falling in clause (c) which has no assured perennial supply of water for
irrigation, but has an assured supply of water for only one crop in a year, that is to say, land irrigated–
(i) seasonally by flow irrigation from any source constructed or maintained by the State Government or by
any Zilla Parishad or from any other natural source of water ; or
(ii) perennially by a lift (other than a lift referred to in item
(ii) of clause (a) from any source constructed or maintained by the State Government or by any Zilla
Parishad or from any other natural source of water ; or
(iii) perennially from a privately-owned well situated on land within the irrigable command of any irrigation
project, or in the bed of a river, stream or natural collection of water or drainage channel (being a river,
stream, natural collection of water or drainage channel which is a perennial source of water.
(c) land irrigated seasonally by flow irrigation from any source constructed or maintained by the State
Government or by any Zilla Parishad or from any other natural source of water with unassured water supply,
that is, where supply is given under water sanctions, which are temporary, or where such sanctions are
regulated on the basis of availability of water in the storage ;
(d) dry crop land, that is to say, land other than land falling under sub-clause (a), (b), or (c) of this
clause situated in the following areas –
 Bombay Suburban District /
 Districts of Thana,
 Kolaba, Ratnagiri /
 Bhandara and
 Brahmapuri,
 Gadchiroli and
 Sironcha Talukas of the Chandrapur District and
---------which is under paddy cultivation for a continuous period of three years immediately preceding the
commencement date ;

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(6) “Collector” includes an Additional Collector, and an Assistant or Deputy Collector exercising the powers or
discharging the duties of a Collector under the Code], and also any other officer not below the rank of an Assistant
or Deputy Collector, especially empowered by the State Government to exercise the powers and perform the
functions of the Collector by or under this Act ;
(7) “Commissioner”includes an Additional Commissioner ;
(8) “To cultivate” with its grammatical variations and cognate expressions, means to till or husband land for the
purpose of raising or improving agricultural produce, whether by manual labour or with the use of cattle or by
machinery, or to carry on any agricultural operation thereon ;
Explanation.–A person, who enters into a contract to cut grass on any land, shall not on that account only be
taken to cultivate such land;
(9) “To cultivate personally” means to cultivate land on a person’s own account,–
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by hired labour, or by servants on wages, payable in cash or kind (but not in crop share) under the
personal supervision of himself or any member of his family;
Explanation I.–A person under disability shall be deemed to cultivate personally, if he cultivates through his
servants, or by hired labour ;
Explanation II.–In the case of joint family, land shall be deemed to be cultivated personally, if it is so cultivated by
any member of such family ;
(10) “Exempted land” means land exempted from the provisions of this Act under Section 47 ;
(15) “Joint farming society” means a joint farming society (registered or deemed to be registered as such, under
any law for the time being in force relating to the registration of co-operative societies) the members of which
cultivate jointly the land held by the members or by the society ;
(16) “Land” means land which is used, or capable of being used, for purposes of agriculutre, and includes–
(a) the sites of farm buildings on, or appurtenant to such land;
(b) land on which grass grows naturally ;
(c) trees and standing crops on such land ;
(d) canals, channels, wells, pipes or reservoirs or other works constructed or maintained on such land of the
supply or storage of water for the purpose of agriculture ;
(e) drainage-works, embankments, bandharas or any other works appurtenant to such land, or constructed
or maintained thereon for the purposes of agriculture; and all structures and permanent fixtures on such
land;
(17) “Landless person” means a person who does not hold any land or who holds land for the purpose of
agriculture not in excess of one hectare of dry crop land (or irrigated land proportionately converted in the manner
provided in section 5 and earns his livelihood principally by manual labour on agricultural land in either case;
(23) “Person under disability” means–

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(a) a widow, or
(b) a minor, or
(c) a woman, who is unmarried, or who if married is divorced or judicially separated from her husband, or
whose husband is a person who is a serving member of the Armed Forces or falls under item (d), or
(d) a person who by reason of some mental or physical disability is incapable of cultivating land either by
personal labour or under supervision, and includes a serving member of the Armed Forces;
(30) “Tenant” means a person who holds land on lease, and includes a person who is deemed to be a tenant under
the relevant tenancy law; and “landlord” means a person from whom land is held on lease by a tenant, and includes
a person who is deemed to be a landlord under the relevant tenancy law;
CHART OF SECTION 2 - MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961
SECTION CLAUSE DEFINITIONS
“agriculture” includes–
(1)
(a) horticulture,
(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(c) the use by an agriculturist of land held by him, or part thereof, for grazing, (d) the use
of any land, whether or not an appanage to rice or paddy land, for the purpose of rab-
manure,
(e) dairy farming,
(f) poultry farming,
(g) breeding of live-stock, but, does not include the cutting of wood only;
(3) “Agriculturist” means a person who cultivates land personally;
(4) “Appointed day”means the day on which this Act comes into force;
“Class of land”means land falling under any one of the following categories, that is to

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say,–
(a) land with an assured supply of water for irrigation and capable of yielding at
least two crops in a year, that is to say,–
(i) land irrigated seasonally as well as perennially by flow irrigation from any source constructed
or maintained by the State Government or by any Zilla Parishad or from any other natural source
(5)
of water ; or
(ii) land irrigated perennially by a Government owned and managed lift from any source
constructed or maintained by the State Government or by any Zilla Parishad or from any other
natural source of water ;
(b) land (other than land falling in clause (c) which has no assured perennial
supply of water for irrigation, but has an assured supply of water for only one crop in a
year, that is to say, land irrigated–
(i) seasonally by flow irrigation from any source constructed or maintained by the State
Government or by any Zilla Parishad or from any other natural source of water ; or
(ii) of clause (a) from any source constructed or maintained by the State Government or by
any Zilla Parishad or from any other natural source of water ; or
(iii) perennially from a privately-owned well situated on land within the irrigable
command of any irrigation project, or in the bed of a river, stream ornatural collection of
water or drainage channel (being a river, stream, natural collection of water or drainage
channel which is a perennial source of water.
(c) land irrigated seasonally by flow irrigation from any source constructed or
maintained by the State Government or by any Zilla Parishad or from any other natural
source of water with unassured water supply, that is, where supply is given under water
sanctions, which are temporary, or where such sanctions are regulated on the basis of
availability of water in the storage
(d) dry crop land, that is to say, land other than land falling under sub-clause (a), (b),
or (c) of this clause situated in the following areas –
 Bombay Suburban District /
 Districts of Thana,
 Kolaba, Ratnagiri /
 Bhandara and
 Brahmapuri,
 Gadchiroli and
 Sironcha Talukas of the Chandrapur District and
---------which is under paddy cultivation for a continuous period of three years

immediately preceding the commencement date ;
“Collector” includes an Additional Collector, and an Assistant or Deputy Collector

lOMoARcPSD|18208158
(6) exercising the powers or discharging the duties of a Collector under the Code], and also any
other officer not below the rank of an Assistant or Deputy Collector, especially empowered
by the State Government to exercise the powers and perform the functions of the Collector
by or under this Act ;
(7) “Commissioner”includes an Additional Commissioner ;
“To cultivate” with its grammatical variations and cognate expressions, means to till or
husband land for the purpose of raising or improving agricultural produce, whether by
(8) manual labour or with the use of cattle or by machinery, or to carry on any agricultural
operation thereon ;
(9) “To cultivate personally” means to cultivate land on a person’s own account,–
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by hired labour, or by servants on wages, payable in cash or kind (but not in crop
share) under the personal supervision of himself or any member of his family;
Explanation I.–A person under disability shall be deemed to cultivate personally, if he
cultivates through his servants, or by hired labour ;
Explanation II.–In the case of joint family, land shall be deemed to be cultivated personally,
if it is so cultivated by any member of such family ;
“Exempted land” means land exempted from the provisions of this Act under Section
(10)
47 ;
(30) “Tenant” means a person who holds land on lease, and includes a person who is deemed
to be a tenant under the relevant tenancy law; and “landlord” means a person from whom
land is held on lease by a tenant, and includes a person who is deemed to be a landlord
under the relevant tenancy law;
(15) “Joint farming society” means a joint farming society (registered or deemed to be
registered as such, under any law for the time being in force relating to the registration of
co-operative societies) the members of which cultivate jointly the land held by the
members or by the society ;
“Land” means land which is used, or capable of being used, for purposes of agriculutre,
(16)
and includes–
(a) the sites of farm buildings on, or appurtenant to such land;
(b) land on which grass grows naturally ;
(c) trees and standing crops on such land ;
(d) canals, channels, wells, pipes or reservoirs or other works constructed or maintained
on such land of the supply or storage of water for the purpose of agriculture ;

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(e) drainage-works, embankments, bandharas or any other works appurtenant to such

land, or constructed or maintained thereon for the purposes of agriculture; and all
structures and permanent fixtures on such land
(17) “Landless person” means a person who does not hold any land or who holds land for the
purpose of agriculture not in excess of one hectare of dry crop land (or irrigated land
proportionately converted in the manner provided in section 5 and earns his livelihood
principally by manual labour on agricultural land in either case;
(23) “Person under disability” means–

(a) a widow, or
(b) a minor, or
(c) a woman, who is unmarried, or who if married is divorced or judicially separated from
her husband, or whose husband is a person who is a serving member of the Armed Forces
or falls under item (d), or
(d) a person who by reason of some mental or physical disability is incapable of cultivating
land either by personal labour or under supervision, and includes a serving member of the
Armed Forces;
SECTION 2A - CONSTITUTION AND RECONSTITUTION OF TRIBUNALS
(1) The State Government may, by notification in the Official Gazette, from time to time, constitute as many
Tribunals as may be necessary for such area or areas and for such purpose or purposes of this Act or for such
provision or provisions thereof as may be specified in the notification.
(2) Where a Tribunal is constituted or reconstituted for the purpose of determining surplus land under the
provisions of this Act, the Tribunal shall be called the Surplus Lands Determintaion Tribunal. Where a Tribunal is
constituted or reconstituted for the purpose of distributing surplus land under this Act, it shall be called the Lands
Distribution Tribunal.
(3) Each Tribunal shall consist of not less than three members of whom one shall be a person who holds or has held
a civil post under the State not below the rank of a Tahsildar and such person shall be the Chairman of the
Tribunal.
(4) The State Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section
(1), or may at any time abolish such Tribunal. The State Government may also at any time by order in writing
discontinue or remove any member from the Tribunal without assigning any reason.
(5) The quorum to constitute a meeting of the Tribunal and the procedure to be followed by it shall be such as may
be prescribed :

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Provided that, where within half an hour of the time fixed for the meeting of the Tribunal there is no quorum as
may be so prescribed, and if the Chairman alone is present, he shall be deemed to be the necessary quorum to
constitute the meeting of the Tribunal. He shall proceed further with the meeting, and record his decision in the
proceedings as a decision of the Tribunal.
(6) Save as otherwise provided in sub-section (5), all decisions of a Tribunal shall be by a majority opinion of the
members present; and where the opinion is equally divided, the decision of the Chairman shall be the decision of the
Tribunal :
Provided that, where the Chairman differs from the majority opinion on the ground that the decision is inconsistent
with the provisions of this Act or any rules made thereunder or with evidence recorded in the proceedings, he shall
make a reference to the Collector pointing out the inconsistencies for which he differs from the majority opinion. He
shall also forward proceedings of the case to the Collector. On receipt of the reference, the Collector shall himself
hear and dispose of the proceedings as expenditiously as possible.
(7) No act or proceedings of any such Tribunal shall be deemed to be invalid by reason only of the existence of any
vacancy among its members or any defect in the constitution or reconstitution thereof.
(8) There shall be paid to the members of the Tribunal other than Chairman such travelling allowances, dialy
allowance and other allowances for attending the sittings of the Tribunal as are admissible to officers of Class I,
and the terms and conditions of appointment of members including their term of office shall be such as the State
Government may, from time to time, by order determine. The Chairman shall be entitled to such allowances as the
State Government may by order determine.
(9) Notwithstanding anything contained in this section or any rules or orders, made thereunder, a member of the
State Legislature while holding the office of member of the Tribunal shall not be entitled to receive any
remuneration or allowance other than travelling allowances, daily allowance, or such other allowance which is
paid to the holder of such office for the purpose of meeting the personal expenditure incurred in attending the
siting of the Tribunal or in performing any other functions of the Tribunal.
CHAPTER II - LOWERING OF CEILING ON HOLDINGS.
SECTION 3 - PROHIBITION ON HOLDING LAND IN EXCESS OF CEILING AREA; AND AREA IN EXCESS OF
CEILING TO BE SURPLUS LANDS
(1) Subject to the provisions of this Chapter and Chapter III, no person or family unit shall, after the
commencement date, hold land in excess of the ceiling area, as determined in the manner hereinafter provided.
Explanation.–A person or family unit may hold exempted land to any extent.
(2) All land held by a person, or as the case may be, a family unit whether in this State or any other part of India in
excess of the ceiling area, shall, notwithstanding anything contained in any law for the time being in force or usage,
be deemed to be surplus land, and shall be dealt with in the manner hereinafter provided for surplus land. In
determining surplus land from the holding of a person, or as the case may be, of a family unit, the fact that the
person or any member of the family unit has died (on or after commencement date or any date subsequent to the
date on which the holding exceeds the ceiling area, but before the declaration of surplus land is made in respect of
that holding) shall be ignored; and accordingly, the surplus land shall be determined as if that person, or as the
case may be, the member of a family unit had not died.

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Explanation.–In calculating the ceiling area to be held in this State, and determining the surplus land, the area of
land in any other part of India (being land which a person or family unit is entitled to hold in such other part of
India under any law relating to ceiling on land) shall be taken into consideration. Only land held in this State may
be declared as surplus.
(3) Where any land–

(a) is held by a family of which a person is a member,
(b) is held in or operated by a co-operative society of which a person is a member
(c) is held by a person jointly with others,
(d) is held by a person as a partner in a firm, and the holding of such person or of a family unit of which such
person is a member [including the extent of share of such person, in the land answering to any of the
descriptions in clauses (a), (b), (c) or (d) above exceeds the ceiling area
 on or before the commencement date or
 on any date thereafter (hereinafter referred to as the relevant date),
-------then for the purpose of determining the ceiling area and the surplus land in respect of that holding, the share
of such person in the land aforesaid shall be calculated in the following manner :–
(i) in the land held by a family of which the person is a member, the share of each member of the family shall
be determined so that each member who is entitled to a share on partition, shall be taken to be holding
separately land to the extent of his share, as if the land had been so divided and separately held on the
relevent date ;
(ii) in the land held in or operated by a co-operative society or held jointly with others or held by a firm, the
share of the person shall be taken to be the extent of land such person would hold in proportion of his share
in the co-operative society, or his share in the joint holding or his share as partner in the firm, as if the land
had been so divided and separately held on the relevent date.
(4) No land shall be taken into consideration more than once in calculating the ceiling area for the holding of any
person, or as the case may be, of family unit.
SECTION 4. -LAND HELD BY FAMILY UNIT.
(1) All land held by each member of a family unit, whether jointly or separately, shall for the purposes of
determining the ceiling area of the family unit, be deemed to be held by the family unit.
Explanation.–A “family unit” means,–

(a) a person and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters,
if any; or
(b) where any spouse is dead, the surviving spouse or spouses, and the minor sons and minor unmarried
daughters; or
(c) where the spouses are dead, the minor sons and minor unmarried daughters of such deceased spouses.
(2) For the purposes of this section, all declarations of dissolution of marriage made by a Court after the 26 th day of
September, 1970, and all dissolutions of marriage by custom, or duly made, pronounced or declared on or after that
date shall, for the purposes of determining the ceiling area to be held by a family unit, be ignored; and accordingly,
the land held by each spouse shall be taken into consideration for that purpose, as if no dissolution had taken place.

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But, if a proceeding for dissolution of marriage has commenced before any Court before the aforesaid date, then the
dissolution of marriage shall have full effect (whether the marriage is dissolved before or after that date), and shall
be taken into consideration in determining the ceiling area of family unit.
SECTION 5 - CEILING AREA
(1) In each of the districts and talukas specified in column 1 of the First Schedule, for each class of land described in
columns 2, 3, 4, 5 and 6 thereof, the ceiling area shall be the area mentioned under each such class of land against
such district or taluka.
(2) If a person, or a family unit, holds land of only one class, the ceiling area for his or its holding shall be the ceiling
area for that class of land.
(3) Where a person or a family unit holds differrent classes of land, then, for calculating whether the holding is
equal to or in excess of the ceiling area, that total area of the holding shall be calculated in the following manner
The area of each class of land falling under Section 2(5)(a)(b)(c) shall be converted into dry crop land
falling under Section 2(5)(d) or Section 2(5)(e) on the basis of the proportion which the ceiling area for the class of
land to be converted, bears to the ceiling area for dry crop land, aforesaid.
Section 2 clause (5) “Class of land” means land falling under any one of the following categories, that is to
say,–
Sub-clause -(a) land with an assured supply of water for irrigation and capable of yielding at least two crops
in a year, that is to say,–
maintained by the State Government or by any Zilla Parishad or from any other natural source of
water ; or
(ii) land irrigated perennially by a Government owned and managed lift from any source constructed
or maintained by the State Government or by any Zilla Parishad or from any other natural source of
water ;
Sub-clause (b) - land (other than land falling in clause (c) which has no assured perennial supply of water
for irrigation, but has an assured supply of water for only one crop in a year, that is to say, land irrigated–
(i) seasonally by flow irrigation from any source constructed or maintained by the State Government
or by any Zilla Parishad or from any other natural source of water ; or
(iii) perennially from a privately-owned well situated on land within the irrigable command of any
irrigation project, or in the bed of a river, stream or natural collection of water or drainage channel
(being a river, stream, natural collection of water or drainage channel which is a perennial source of
water.

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Sub-clause (c) - land irrigated seasonally by flow irrigation from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any other natural source of water with unassured
water supply, that is, where supply is given under water sanctions, which are temporary, or where such
sanctions are regulated on the basis of availability of water in the storage ;
Where a person or family unit holds dry crop land falling under Section2 (5)(d)(e), then the conversion shall be
made into land falling under Section 2(5) (e),
say,–
Sub-clause (d) - dry crop land, that is to say, land other than land falling under sub-clause (a), (b), or (c) of
this clause situated in the Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri and Bhandara
and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District and which is under paddy
cultivation for a continuous period of three years immediately preceding the commencement date ;
Sub-clause (e) - dry crop land, that is to say, land other than land falling under sub-clause (a), (b), (c) or (d)
of this clause
If the area in terms of dry crop land so arrived at, together with the area of such dry crop land, if any, in his or its
holding, is equal to the ceiling area for drycrop land falling under sub-clause (d), or sub-clause (e), aforesaid,
---------------the holding shall bedeemed to be equal to the ceiling area.
If it exceeds the ceiling area, the holding shall be deemed to be in excess of the ceiling area.
SECTION 6 - LANDS HELD IN EXCESS OF CEILING AREA DEEMED TO BE WITHIN CEILING AREA IN
CERTAIN CIRCUMSTANCES
Where a family unit, consists of members which exceed five in number, the family unit shall be entitled to hold land
exceeding the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so however
that the total holding shall not exceed twice the ceiling area, and in such case, in relation to the holding of such
family unit, such area shall be deemed to be the ceiling area.
SECTION7. PERSONS HOLDING BOTH EXEMPTED LAND AND OTHER LAND.
Where a person or family unit holds both exempted land and other land (that is, land which is not exempted land)
then,–
(a) if the area of exempted land is less than the ceiling area,------------he or it shall be entitled to hold so much
only of other land as together with the area of exempted land, equals the ceiling area; and in such case, in relation
to the holding of that person, or as the case may be, family unit, such area shall be deemed to be the ceiling area;
(b) in any other case, he or it shall not be entitled to hold any land which is not exempted land.
CHAPTER III. - RESTRICTIONS ON TRANSFERS AND ACQUISITIONS OF LAND AND CONSEQUENCES OF

CONTRAVENTIONS.
SECTION 8 - RESTRICTION ON TRANSFER, ETC

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Where a person, or as the case may be, a family unit holds land in excess of the ceiling area on or after the
commencement date, such person, or as the case may be, any member of the family unit shall not, on and after that
date, transfer any land, until the land in excess of the ceiling area is determined under this Act.
Explanation.–In this section, “transfer” means transfer, whether by

 way of sale,
 gift,
 mortgage with possession,
 exchange,
 lease,
 assignment of land for maintenance,
 surrender of a tenancy or
 resumption of land by a landlord or
 any other disposition,
-----------whether by act of parties made inter vivos or by decree or order of a court, tribunal or authority (except
where such decree or order is passed in a proceeding which is instituted in such court, tribunal or before such
authority before the 26th day of September 1970),------------------------ but does not include transfer by way of sale or
otherwise of land for the recovery of land revenue or for sums recoverable as arrears of land revenue, or
acquisition of land for a public purpose under any law for the time being in force.
SECTION 9 - RESTRICTION ON ACQUISITION OF LAND IN EXCESS OF CEILING AREA.
No person or a member of a family unit shall at any time, on or after the commencement date, acquire by transfer
any land if he, or as the case may be, the family unit already holds land in excess of the ceiling area or land which
together with any other land already held by such person, or as the case may be, the family unit, will exceed in the
total the ceiling area.
Explanation,–In this section, transfer has the same meaning as in section 8.
SECTION10 -CONSEQUENCES OF CERTAIN TRANSFERS AND ACQUISITIONS OF LAND
(1) If–
(a) any person or a member of a family unit, after the 26th day of September 1970 but before the
commencement date, transfers any land in anticipation of or in order to avoid or defeat the object of the
Amending Act, 1972, or
(b) any land is transferred in contravention of section 8, then in calculating the ceiling area which that
person, or, the family unit, -------------is entitled to hold, the land so transferred shall be taken into consideration,
and the land exceeding the ceiling area so calculated shall be deemed to be in excess of the ceiling area for that
holding, notwithstanding that the land remaining with him or with the family unit may not in fact be in excess of
the ceiling area.
If by reason of such transfer, the holding of a person, or as the case may be, of the family unit is less than the area so
calculated to be in excess of the ceiling area, then all the land of the person, or as the case may be, the family unit

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shall be deemed to be surplus land; and out of the land so transferred and in possession of the transferee unless
such land is liable to forfeiture under the provisions of sub-section (3), ----------------land to the extent of such
deficiency shall, subject to rules made in that behalf, also be deemed to be surplus land , notwithstanding
that the holding of the transferee may not in fact be in excess of the ceiling area.
Explanation.–For the purposes of clause (a) ‘transfer’ has the same meaning as in Section 8.
All transfers made after the 26th day of September 1970 but before the commencement date, shall be deemed
(unless the contrary is proved) to have been made in anticipation of or in order to avoid or defeat the object of the
Amendment Act, 1972.
Explanation.–For the purposes of this sub-section, a transfer shall not be regarded as made on or before 26th
September 1970 if the document evidenceing the transfer is not registered on or before that date or where it is
registered after that date, it is not presented for registration on or before the said date.]
(2) If any land is possessed on or after the commencement date by a person, or, a family unit in excess of
the ceiling area, or if as a result of acquisition (by testamentary disposition or devolution on death or by
operation of law) of any land on or after that date, the total area of land held by any person, or as the case may be,
a family unit, exceeds the ceiling area, the land so in excess shall be surplus land.
(3) Where land is acquired in wilful contravention of section 9, then as a penalty therefor, the right, title and
interest of the person, or as the case may be, the family unit or any member thereof in the land so acquired or
obtained shall, subject to the provisions of Chapter IV, be forfeited, and shall vest without any further assurance in
the State Government
Provided that, where such land is burdened with an encumbrance, the Collector may, after holding such inquiry as
he thinks fit and after hearing the holder and the person in whose favour the encumbrance is made by him, direct
that the right, title and interest of the holder in some other land of the holder equal in extent to the land acquired
in wilful contravention of section 9, shall be forfeited to Government.
SECTION 11 – RESTRICTION ON PARTITION
Where any land held by a family is partitioned after the 26th day of September 1970, the partition so made shall be
deemed (unless the contrary is proved) to have been made in anticipation of or in order to avoid or defeat the object
of the Amending Act, 1972, and shall accordingly be ignored, and any land covered by such partition shall, for the
purposes of this Act, be deemed to be the land held by the family; and the extent of share of each person in the land
held by the family shall be taken into consideration for calculating the ceiling area in accordance with the provisions
of Section 3. [ Write Section 3 shortly]
Explanantion.–For the purposes of this section, ‘partition’ means any division of land by act of parties made inter
vivos, and includes also partition made by a decree or order of a court, tribunal or authority.
SECTION 11-A. - CEILING AREA WHERE LAND IS CONVERTED INTO ANOTHER CLASS CEILING AREA
WHERE LAND IS CONVERTED INTO ANOTHER CLASS

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If any land held by a person, or as the case may be, a family unit, is converted after the commencement date into
any class of land described in sub-clause (a), (b) or (c) of clause (5) of section 2, and thereby, the holding of the
person or as the case may be, of the family unit exceeds the ceiling area, the land so in excess shall be deemed to be
surplus land with effect from the date of conversion (such date being a date to be notified in the Official Gazette by
the State Government in respect of any area); and accordingly the provisions of this Chapter [i.e CHAPTER III.
Restrictions on transfers and acquisitions of land and consequences of contraventions] shall apply to the holding.
say,–
Sub-clause -(a) land with an assured supply of water for irrigation and capable of yielding at least two crops
in a year, that is to say,–
maintained by the State Government or by any Zilla Parishad or from any other natural source of
water ; or
(ii) land irrigated perennially by a Government owned and managed lift from any source constructed
or maintained by the State Government or by any Zilla Parishad or from any other natural source of
water ;
Sub-clause (b) - land (other than land falling in clause (c) which has no assured perennial supply of water
for irrigation, but has an assured supply of water for only one crop in a year, that is to say, land irrigated–
(i) seasonally by flow irrigation from any source constructed or maintained by the State Government
or by any Zilla Parishad or from any other natural source of water ; or
(iii) perennially from a privately-owned well situated on land within the irrigable command of any
irrigation project, or in the bed of a river, stream or natural collection of water or drainage channel
(being a river, stream, natural collection of water or drainage channel which is a perennial source of
water.
Sub-clause (c) - land irrigated seasonally by flow irrigation from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any other natural source of water with unassured
water supply, that is, where supply is given under water sanctions, which are temporary, or where such
sanctions are regulated on the basis of availability of water in the storage ;
CHAPTER IV - SURPLUS LAND.
SECTION12 - SUBMISSION OF RETURNS
If any person or family unit–
(1) (a) has at any time after the 26th day of September 1970 but before the commencement date held, or

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(b) on or after the 4[commencement date] acquires, hold or comes into possession of, any land (including any
exempted land), in excess of the ceiling area, or
(2) (a) - deleted
(b) whose land is converted into another class of land in the circumstances described in section 11-A,
(c) thereby causing his or its holding to exceed the ceiling area, then,–
(i) in the case under sub-clause (a) of clause (1), within one month from commencement date, and
(ii) in the case under sub-clause (b) of clause (1), within 10[one month] from the date of taking possession of
any land in excess of the ceiling area, and
(iv) in the case under sub-clause (b) of clause (2), within three months from the date of such conversion
(being the date notified under section 11-A), -----------------he or any member of the family units shall furnish]
to each of the Collectors within whose jurisdiction any land in his holding or the holding of the family unit] is
situate a return, in the form prescribed, containing the particulars of all land held by him or by the family
unit.
Where a person or a member of a family unit holds a share in the land held by a family, the return shall
also contain information regarding the total number of members of the family, the extent of land falling to the
share of each of themembers who are entitled to share on partition, the names of members of each family unit
notionally carved out of such family, and names of other members of each family unit, and the names of other
members of the family. He shall also state the extent of his share, if any, in the lands held in or operated by a co-
operative society, or in a joint holding or in a firm; and the land held by him in any other part of India, if any] :
Provided that, in the case of a minor or lunatic, the return may be furnished by his guardian, and in the case of
any other person under disability, by his authorised agent :
Provided further that, where any person, or a member of a family unit, who is required to furnish a return dies,
then, such return shall be furnished by his heir, or as the case may be, any other member of the family unit].
SECTION12 A - POWER OF STATE GOVERNMENT TO EXTEND TIME FOR FILING RETURN.
The State Government may by an order in the Official Gazette extend the time limit of furnishing the return
provided under any of the provisions of that section by such further period as may be specified in the order, and any
extension of time for furnishing the return made by any order under the provisions of this Act before the
commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975, shall be
deemed to have been duly made under this section as if this section was in force when such order was made.
SECTION13 -FAILURE TO SUBMIT RETURN
(1) Where a person or member of a family unit required by Section 12 [ i.e Submission of returns ]to furnish a return,–

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(a) fails without reasonable cause so to do, within the time specified in that section, or
(b) furnishes a return which he knows, or has reason to believe, to be false, he shall be liable to pay a penalty
which may extend in the former case to one hundered rupees, and in the latter case to five hundered rupees.
(2) Where the Collector has reason to believe that a person or a member of a family unit required by
Section 12 to furnish a return has, without reasonable cause, failed so to do, or has submitted a return
which he knows or has reason to believe to be false, the Collector shall issue a notice calling upon such person or
member] to show cause within the fifteen days of the service thereof, why the penalty provided by sub-section (1)
should not be imposed upon him.
If the Collector, on considering the reply or other cause shown, is satisfied that the person or member has
without reasonable cause failed to submit the return within time, or has submitted a return which he knew or had
reason to believe to be false, he may impose the penalty provided in the last preceeding subsection and require him
to submit a true and correct return complete in all particulars, within a period of one month from the date of the
order.
(3) If the person or member fails to comply with the order within the time so granted by the Collector,
then as a penalty for failure to furnish a return or a true and correct return complete in all particulars, the right,
title and interest in the land held by him or as the case may be, by the family unit in excess of the ceiling area shall,
subject to the provision of this Chapter, be forfeited to the State Government and shall thereupon vest without
further assurance in that Government.
SECTION14 - POWER OF COLLECTOR TO HOLD ENQUIRY.
(1) As soon as may be after the expiry of the period referred to in Section 12 or the further period referred to in
sub-section (2) of section 13, the Collector shall, either suo motu whether or not a return had been filed or] on the
basis of the returns submitted to him under either of those sections, and such record as he may consider it
necessary to refer to, hold an enquiry in respect of every person or family unit holding land in excess of the ceiling
area, and shall, subject to the provisions of this Chapter, determine the surplus land held by such person or family
unit.
(2) Where a person or family unit holds land in two or more talukas of the same district, the enquiry shall be held
by such officer or authority exercising the powers of the Collector whom the Collector-in-charge of the district may
by order in writing designate.
(3) Where a person or family unit holds land in two more districts of the same division, the enquiry shall be held by
the Collector whom the Commissioner may, by order in writing, designate.
(4) Where a person or family unit holds lands in different divisions, the enquiry shall be held by the Collector whom
the State Government may, by order in writing, designate.
(4A) Where a person holding land in an industrial undertaking, the enquiry may be held by the Collector whom the
State Government may, by order in writing, designate.
(5) The Collector so designated, shall for the purposes of the enquiry, be competent to exercise jurisdiction under
this Act in respect of such person or family unit and the lands held by him or it

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SECTION15. - DIVISION OF SURVEY NUMBERS OF SUB-DIVISIONS THEREOF IN DETERMINING AREA

OF SURPLUS LAND.
(1) Where, in delimiting the actual area of surplus land, a survey number or a sub-division of a survey number, is
required to be divided, then–
(a) if the portion of such survey number or sub-division to be included in the surplus land, is a fragment, the
whole of such survey number or sub-division shall be excluded from the surplus land,
(b) if the portion of such survey number or sub-division to be excluded from the surplus land, is a fragment, the
whole of such survey number or sub-division shall be included in the surplus land,
(c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such
survey number or sub-division shall be included in the surplus land, and
(d) in any other case, the survey number or sub-division may be divided.
(2) Where any survey number, or sub-division of a survey number, is excluded under clause (a) of sub-section (1),
the person or family unit holding it------------- shall be entitled to hold it, notwithstanding that his or its holding]
exceeds the ceiling area ; and accordingly, the holding so retained shall be deemed to be the ceiling area.
SECTION 16 - SELECTION OF LAND FOR RETENTION IN CEILING AREA.
(1) Where a person or a family unit holds land in excess of the ceiling area and the whole or part of such land–
(a) is subject to an encumbrance, or
(b) answers to the description of clause (bb) of section 18,then, subject to the provisions Section 19(1) & Section
15, such person or the family unit shall retain such land (whether that land is held as owner or as tenant) up to
the extent of the ceiling area.
(2) Subject to the provisions of sub-section (1), a person or family unit shall be entitled to select the lands he or it
wishes to retain with himself or itself. up to the ceiling area.
(3) In the case of a family unit, where land is held by each spouse separately, then each spouse shall subject to the
provisions of sub-section (2), be entitled to select land the spouse wishes to retain with himself or herself, so
however that the lands to be retained bear the same proportion in which the lands are held by each spouse before
the declaration.
SECTION 17. NOTICE TO PERSONS AFFECTED BY ENQUIRY UNDER SECTION 14
(1) For holding an enquiry under Section 14, Collector shall cause public notice, in the prescribed form, to be
given at convenient places in the village or villages in which the land comprised in the holding is situate, specifying
in the notice the land in respect of which enquiry is to be held to ascertain the surplus land (if any) held by the
person or family unit, and calling upon all persons interested in the land to submit to the Collector their objections
within a period of 15 days from the date of publication of the notice.
Where a public notice has been given as provided in this sub-section, then the holder and all persons who are
interested in the land shall be deemed to have been duly informed of the contents of such notice.

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If in the course of any proceedings a question arises whether a person was duly informed of the contents of the
notice given in pursuance of this sub-section, the publication of the notice in the manner provided in this sub-
section shall, notwithstanding anything contained in sub-section (2), be conclusive proof that he was so informed of
the contents of such notice.
(2) The Collector shall serve notices to the same effect on the holder, and all other persons who are
known or believed to be interested in the land, calling upon them to appear before him personally or through
an agent on a date and at a time and place (such date not being earlier than fifteen days after the issue of notice),
to be stated in the notice.
(3) The notices under sub-section (2) may also call upon the holder–
(a) to state any objections or suggestions to the particulars given in the notice;
(b) to show cause, where necessary, why,–
(i) any land transferrred in contravention of the provisions of section 8, or any land transferred during
the period specified in clause (a) of sub-section (1) of section 10, or any land partitioned in
contravention of the provisions of section 11, should not be taken into consideration in calculating the
ceiling area, as provided in sub-section (1) of section 10 or section 11,
(ii) any land acquired in willful contravention of section 9 should not be forfeited, as provided by sub-
section (3) of section 10,
(iii) any land held in excess of the ceiling area should not be forfeited to the State Government as
provided by sub-section (3) of section 13,
(iv) any land referred to in sub-section (2) of section 10 or in section 11Aheld by him should not be
deemed to be surplus land as provided in that subsection or in section 8[11A];
(c) to state the land to be retained by the holder under section 16; and to furnish to the Collector in the
prescribed form, the prescribed particulars of the land so to be retained.
Explanation.–Subject to the provisions of this Act and of the Amendment Act, 1972, in this section and in the
following provisions of this Act, the expression holder, unless the context requires otherwise, includes a family unit.
SECTION 18. - COLLECTOR TO CONSIDER CERTAIN MATTERS.
On the day fixed for hearing under section 14, or any other day or days to which the inquiry is adjourned, the
Collector shall, after hearing the holder and other persons interested and who are present and any evidence
adduced, consider the following matters, that is to say,–
(a) what is the total area of land which was held by the holder on the 26th day of September, 1970?
(b) whether any land transferred between the period from the 26th day of September 1970 and the
commencement date, or any land partitioned after the 26th day of September 1970, should be considered or
ignored in calculating the ceiling area as provided by sub-section (1) of section 10 or section 11;

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(bb) whether the holder has any share in the land held by a family or held or operated by any co-operative
society or held jointly with others or held as a partner in a firm; and the extent of such share;
(c) What is the total area of land held 4[by the holder on the commencement date ?
(d) whether any transfer or partition of land is made by the holder] in contravention of section 8 or 11 and if
so, whether the land so transferred or partitioned should be considered or ignored in calculating the ceiling
area under the provisions of subsection (1) of section 10 or section 11?
(e) whether any land has been acquired or possessed on or after commencement date by transfer or by
partition?
(f) whether any land has been acquired on or after the commencement date by testamentary disposition,
devolution on death or by operation of law?
(g) what is the total area of land held at the time of the enquiry, and what is the area of land which 10[the
holder is entitled to hold?
(h) whether any land is held by the holder as tenant, and if so, whether his landlord has a subsisting right of
resumption of the land for personal cultivation, under the relevant tenancy law applicable thereto ?
(i) whether any land held by the holder is to be forfeited to Government under sub-section (3) of section 10,
or of section 13, or should be deemed to be surplus land under any of the provisions of this Act ?
(j) whether the proposed retention of land by 10[the holder] is in conformity with the provisions of section 16
?
(k) which particular lands out of the total land held by 1[the holder] should be entitled as delimited as
surplus land ?
(l) any other matter which, in the opinion of the Collector, is necessary to be considered for the purpose of
calculating the ceiling area, and delimiting any surplus land.
SECTION 19. - POWER OF COLLECTOR TO RESTORE LAND TO LANDLORD IN CERTAIN CASES.
Where during an enquiry into holding of any person, or as the case may be, family unit under this Chapter, it
appears that–
(a) the whole or any part of the surplus land, delimited under the foregoing provisions, is held by that person
or family unit or is deemed to be held by that person or family unit from a landlord; and
(b) the landlord has a right of resumption for personal cultivation in respect of that land (or part
thereof) under the relevent tenancy law applicable to such land, the Collector shall (unless that right is
subject to proceedings instituted before the 26 th day of September 1970 before any court, tribunal or other

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authority and pending at the time of such inquiry, -----------------restore possession to the landlord of so much
only of the surplus land, as he is entitled to resume, and which together with any other land held by him, orthe
family unit shall notexceed the ceiling area under this Act. The balance, if any, shall be declared as surplus land.
SECTION 20. - MANNER OF CONSIDERING CLAIM OF LANDLORD TO LAND UNDER SECTION 19.
(1) For the purpose of deciding the extent of land which should be restored to the possession of the landlord under
section 19, the Collector shall issue a notice calling upon the landlord,–
(a) to state his claim for restoration of possession of such surplus land for the purpose of that section;
(b) to show cause why the balance of such land should not be deemed to be surplus land.
(2) Such notice shall requires the landlord to appear personally or by agent before the Collector on the date, and at
the time and place therein mentioned such date not being earlier than fifteen days after the issue of the notice.
(3) On the date fixed under sub-section (2) , or on any other day or days to which the inquiry is adjourned, the
Collector shall, after hearing the landlord or his agent and any other person intersted in the surplus land and who
are present, and after considering any evidence adduced, ascertain–
(a) whether the landlord is entitled to restoration of the possession of the whole or any part of such surplus
land, and if so, the area and other particulars of such land; and
(b) whether the balance of any such land shall be surplus land, and if so, the extent and particulars of such
land.
SECTION 21. - COLLECTOR TO MAKE DECLARATION REGARDING SURPLUS LAND, ETC., AND
CONSEQUENCES THEREOF.
(1) As soon as may be after the Collector has considered the matters referred to in section 18 and the questions, if
any, under sub-section (3) of section 20, he shall make a declaration stating therein his decision on–
(a) the total area of land which the person 1[or family unit] is entitled to hold as the ceiling area;
(b) the total area of land which is in excess of the ceiling area;
(c) the name of the landlord to whom possession of land is to be restored under section 19, and area and
particulars of such land;
(d) the area, description and full particulars of the land which is delimited as surplus land;
(e) the area and particulars of land out of surplus land, in respect of which the right, title and interest of
person or family unit holding it is to be forfeited to the State Government. The Collector shall announce his
declaration in the presence of the holder and other persons interested who are present at the time of such
declaration.
(2) After a declaration under sub-section (1) is made the Collector shall prepare a statement in the prescribed form
giving details of the area], description and full particulars of the land which is delimited as surplus land, and also of
the land therefrom, the right, title and interest in which is to be forfeited to the State Government.
The Collector shall affix a copy of the statement at the village chawdi or any other prominent place at the village
and shall also despatch a copy of the statement to the person or to the member of the family unit intersted in the
land delimited as surplus.

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On the date of the announcement of the declaration mentioned in the preceeding sub-section], the right, title and
interest in the land which is liable toforfeiture shall stand forfeited to and vest in the State Government.
On and after the date of announcement of the declaration, no sale, gift, mortgage, exchange, lease or any other
disposition (including any transfer in execution of a decree or order of a court, tribunal or authority shall be made
of the land which is delimited as surplus land. If any such disposition or transfer is made, it shall be invalid, and of
no effect.
Explanation.–Declaration of any land as surplus shall not be deemed to be invalid merely on the ground that the
statement giving details of the land is not affixed as aforesaid or has not been despatched to the person or member
of the family unit as provided in sub-section (2) :
Provided that, if–
(a) any right of resumption under the relevent tenancy law in respect of; or
(b) possession of, or right to possesion of, any land delimited as surplus, is subject to proceedings under any other
law in any court or tribunal, or before any authority, then so much only of the land as the holder of the surplus land
in such proceedings is finally held–
(i) not to be entitled to retain, or
(ii) not to be in possession of, or not to be entitled to possess, may be transferred in pursuance of such
proceedings.
Explanation.–For the purpose of this proviso, the proceedings means proceedings for acquisition of land for a
public purpose or for the sale of land for realisation of land revenue or sums recoverable as arrears of land revenue,
and any other proceedings instituted before the 26 th September 1970 and pending on the commencement date in
any court, or tribunal or before any authority.
(3) The declaration made under this section, 4[subject to the decision of the Maharashtra Revenue Tribunal in
appeal under section 33, or of the State Government in revision under sub-section (2) of section 45], shall be final
and conclusive, and shall not be questioned in any suit or proceeding in any court.
(4) As soon as may be after the annoucement of the declaration referred to in subsection (2), the Collector, shall
take, in the prescribed manner, possession of the land which is delimited as surplus and, in the case of land which
the landlord is entitled to resume, restore possession of the land to the landlord named in the declaration.
The surplus land shall, with effect from the date on which the possession thereof is taken as aforesaid be deemed to
be acquired by the State Government for the purposes of the Act and shall accordingly vest without further
assurance and free from all encumbrances in the State Governement :
Provided that, in the case of surplus land refered to in the proviso to sub-section (2), the Collector shall, after the
proceedings are finally decided, take possession of so much only of the land which the holder of the surplus land is
in such proceedings finally held,
(i) to be entitled to retain, or
(ii) to be in possession of, or to be entitled to possess;

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-------------------and with effect from the date of taking over possession, the land shall vest in the State Government
as aforesaid. 8[Explanation.–For the purposes of this proviso, “proceedings” has the meaning assigned to it in the
Explanation to the proviso to sub-section (2) of this section.
(5) Where possession of any land delimited as surplus is handed over by the holder in pursuance of an undertaking
given by him in any court, and the appeal filed by the holder against the declaration of that land as surplus has
been subsequently withdrawn or dismissed, the land, notwithstanding anything contained in sub-section (4), shall
with effect from the date on which the possession thereof is taken by the Collector, be deemed to be duly acquired by
the State Government for the purposes of the Act, and shall accordingly be deemed to have been validly and
effectually vested without further assurance and free from all encumbrances in the State Government from the date
of taking over possession thereof.
SECTION 21-A - DAMAGES FOR USE AND OCCUPATION OF SURPLUS LAND.
(1) A person or as the case may be, a family unit which possesses of o after the commencement date any land in
excess of the ceiling area shall be liable to pay to the State Government for the period from the year following the
year in which the excess area so held is declared surplus till the possession of surplus land is taken under section 21,
such compensation for the use and occupation of such land as the Collector may fix in the prescribed manner.
(2) Where an enquiry is pending on or after the commencement date for determining the surplus land under this
Act as unamended by the Amending Act, 1972, the holder shall be liable to pay to the State Government for the
period from the commencement date or the date on which the excess area is declared surplus under section 21,
whichever is later, till the date of possession of surplus land is actually taken under that section, compensation for
use and occupation of such surplus land as the Collector may fix in the prescribed manner.
CHAPTER V - COMPENSATION.
SECTION 22- PAYMENT OF COMPENSATION
Compensation for any land, acquired by the State Government for the purposes of this Act, shall be paid to extent,
and in the manner, hereinafter provided.
SECTION 23 - QUANTUM OF COMPENSATION.
In each of the districts and takukas specified in column 1 of the First Schedule, for each class of land described in
columns 2, 3, 4, 5 and 6 of that Schedule, the amount of compensation for surplus land acquired by the State
Government under section 21 shall consist of,–
(a) in case of dry crop land falling under column 5 or 6 the price calculated at the price per hectare specified in
column 7 of that Schedule, or
(b) in the case of land falling under columns 2, 3 and 4 of that Schedule, the price calculated at the price per
hectare of dry crop land increased by one hundred, by fifty and by twenty-five per cent; respectively.
Explanation.–In the case of land referred to in clause (a), the price shall not in any case exceed one thousand
rupees per hectare, and in the case of land referred to in clause (b), --------------------the price shall not in any
case exceed five thousand rupees per hectare :

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Provided that in the case of land which is not cultivated for a continuous period of three years immediately
before the commencement date, the price shall be twenty-five per cent. of the price calculated under clause (a)
or (b), as the case may be.
Provided further but subject to the previous proviso,–
(i) in the case of land held by a Bhumidhari who is an occupant Class II falling Section 29(3)(b) of the
Code, ---------------------------------the price calculated under clause (a) or (b), shall be reduced by an
amount equal to three times the revenue for the time being assessed thereon;
(ii) in the case of land which is impartible and non-transferable, the price shall be two-thirds of the
price calculated under clause (a) or (b),
(iii) in the case of land held on lease from Government, the price shall be ten per cent. of the price
calculated under clause (a) or (b), as the case may be; &
(c) the value of any trees, works, structures or fixtures; &
(e) seven times the difference between the full land revenue leviable on alienated or inam land, and the land
revenue payable thereon; &
(f) the cost of cultivation of the standing crop on such land, or if an agreement is reached, or arrangement is
arrived at with the holder of the land for the disposal or harvesing of crop whether before or after the vesting of the
land under Section 21, any sum so agreed upon, or arrangement so arrived at.
Explanation I.–Where the settlement of the land has not been done in any part of the State, then the assessment
shall be such as is fixed under section 68 of the Code or under Section 7 of the Bombay Merged Territories and
Areas (Jagirs Abolition) Act, 1953.
Explanantion II.–For the purposes of clause (c), the value of a well shall be the difference between the value of the
land which is irrigated by such well as irrigated land, and the value thereof as unirrigated land.
SECTION 24 - COLLECTOR TO GIVE NOTICE CALLING UPON INTERESTED PERSONS TO SUBMIT CLAIMS
TO COMPENSATION.
(1) After possession of surplus land is taken over under Section 21(4), ---------the Collector shall cause public notice
to be given in the village where the surplus land specified in the declaration is situate, requiring all claims to
compensation from all persons interested in such land to be made to him.
(2) Such notice shall require the holder of the land and other persons interested therein (including persons who
have any encumbrance lawfully subsisting on the land), to appear pesonally or by agent, before the Collector on the
date and at the time and place therein mentioned ( such date not being earlier than fifteen days after the date of
publication of the notice), and to state the nature and the extent of their interest in the land the value of any trees,
works, structures or fixtures] and the amount and particulars of their claim to compensation therefor. Every such
statement shall be made in writing, and shall be signed by the person interested, or his agent.
SECTION 25 –DETERMINATION OF COMPENSATION AND APPORTIONMENT THEREOF.
(1) On the day fixed under section 24, or any other day to which the enquiry is adjourned, the Collector shall
enquire into all claims made for compensation and shall make an award determining,–

lOMoARcPSD|18208158
(a) the amount of compensation payable in accordance with the provisions of section 23,
(b) subject to the provisions of sub-sections (2) and (3), the apportionment of the compensation among the
persons known or believed to be interested in the land in respect of whom or of whose claims, he has
information, whether or not they have appeared before him.
(2)
(I), In the case of land held by a tenant, compensation therefor shall be apprortioned between the tenant and
landlord as follows :–
(i) where the tenancy is not terminable on the expiration of the period for which it was granted or by reason
of usage, under the relevent tenancy law, compensation equal to three times the assessment leviable on the
land shall be payable to the tenant, and the balance to the landlord ;
(ii) in any other case, the compensation payble to the tenant shall–
A.) where the unexpired period of the lease does not exceed five years, be an amount equal to six times the
assessment leviable on the land;
B.) where the unexpired period of the lease exceeds five years but does not exceed ten years, be an amount equal to
nine times the assessment leviable on the land;
C.) where the unexpired period of the lease exceeds ten years but does not exceed twenty years, be an amount equal
to twelve times the assessment leviable on the land;
D.) where the unexpired period of the lease exceeds twenty years, be an amount equal to fifteen times the
assessment leviable on the land; and the balance shall in each case be payable to the landlord.
Explanation.–In considering the approtionment of compensation between landlord and tenant, the compensation
refered to in Section 23(f) and the value of structures, wells and embankments constucted and permanent fixture
made by the tenant shall be disregarded.
(II) Subject to the provisions of sub-section (3) encumbrances for which the landlord is liable, shall be paid out of
the amount of compensation payable to the landlord; and those for which the tenant is liable shall be paid out of
the amount of compensation payable to the tenant.
(III) The apportionment of compensation amongst persons claiming encumbrances shall be determined in the
following manner, that is to say–
(a) if the total value of encumbrances of the land is less than the amount of compensation payable in respect
of that land, the value of the encumbrances shall be paid to the holdres thereof in full;
(b) if the total value of encumbrances on the land exceeds the amount of compensation payable in respect of
the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order
of priority.
(IV) No award allowing compensation shall be made,–
(a) if the compensation exceeds twenty-five thousand rupees but does not exceed fifty thousand rupees,
without the previous approval of the Commissioner, and ;

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(b) if the compensation exceeds, fifty thousand rupees, without the previous approval of the State
Government.
(V) The award of the Collector, subject to an appeal to the Maharashtra Revenue Tribunal under section 33, and
the decision of that Tribunal in appeal, shall be final and conclusive, and shall not be questioned in any suit or
proceeding in any court.
SECTION 26. - MODE OF PAYMENT OF AMOUNT OF COMPENSATION.
(1) The amount of compensation may, subject to the provisions of sub-section (3), be payable in transferable bonds
carrying interest at three per cent. per annum
(2) The bonds shall be–
(a) of the following denominations, namely :– Rs. 50; Rs. 100; Rs. 200; Rs. 500; Rs. 1,000; Rs. 5,000 and Rs.
10,000; and
(b) of two-classes–one being repayable during a period of twenty years from the date of issue by equated
annual instalment of principal and interest, and the other being redeemable at par at the end of a period of
twenty years from the date of issue.
It shall be at the option of the person receiving compensation to choose payment in one or other class of bonds, or
partly in one class and partly in another.
(3) Where the amount of compensation or any part thereof, cannot be paid in the aforesaid denomintaion, it may
be paid in cash.
CHAPTER VI - DISTRIBUTION OF SURPLUS LAND.
SECTION 27- DISTRIBUTION OF SURPLUS LAND.
(1) Subject to any rules made in this behalf, land (other than grazing land or tank land or land notified by the State
Government as not capable or being disposed of for cultivation) which is acquired by and vests in the State

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Government under section 21 shall, subject to the provisions of the Code, be granted by the Collector or any other
officer authorised in this behalf by the State Government in the order of priority set out in sub-sections (2), (3), (4),
and (5).
(2) Where the surplus land belonged to a holder, who at any time before the commencement date, by resuming land
from his tenant for personal cultivation under any tenancy law, has rendered that tenant landless, the surplus land
shall first be offered to that tenant.
(3) Where any part of the holding of a person which consist of one or more compact blocks is declared as surplus
land under this Act, then such surplus land–
(a) shall first be offered to the landlord who had leased the land to the such person and such landlord has not
exercised his right of resumption under the relevant tenancy law or under section 19; and
(b) then to a person, who being previously employed on the compact block as an agricultural labourer or as
technical or other staff engaged on or in relation to the agricultural produce raised or grown thereon, has
been rendered unemployed as a result of the land of such block being declared surplus land.
(4) Thereafter fifty per cent. of the surplus land (excluding lands referred to in subsections (2) and (3) shall be
reserved for distribution to landless persons belonging to the Scheduled Castes, Scheduled Tribes (whether residing
in the Scheduled area or not) and landless persons belonging to such nomadic tribes, vimtukta Jatis and backward
classes as may be notified by the State Government from time to time, and land so reserved shall be granted to such
persons in accordence with the rules made in this behalf. Such rules may provide for fixing priorities.
(5) Thereafter, all surplus land (including surplus land which has not been granted under sub-sections (2) and (3)
shall be offered in the following order of priority, that is to say,–
(i) a person from whom any land has been resumed by his landlord for personal cultivation under any tenancy law,
and who in consequence thereof has been rendered landless, provided that such person is a resident of the village in
which the surplus land for distribution is situate or within eight kilometers thereof;
(ia) A non-Tribal-transferee whose land (being land of a Tribal transferor transferred to the non-Tribal-
transferee) has been restored to the Tribal-transferor under the provisions of the Maharashtra Restoration of
Lands to Scheduled Tribes Act 1974, and who holds no other land who earns his livelihood principally by
manual labour on agricultural land.
Explanantion.–For the purposes of this clause, the expressions “non-Tribal-transferee” and “Tribal-
transferor” shall have the meanings respectively assigned to them in the Maharashtra Restoration of Lands
to Scheduled Tribes Act, 1974;
(iii) serving members of the armed forces, and ex-servicemen, or where any such person dies before any land being
granted to him by Government under this Act or any law of the time being in force or any executive orders, then his
dependants;
(iv) landless persons :
Provided that, if there are persons having the same order of priority, then the person who is a resident within eight
kilometers of the outer limit of the village in which the surplus land for distribution is situated should be preferred :

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Provided further that, where the surplus land was previously held by a joint farming or a farming society, it shall
first be offered to the person whom the society undertakes to take as its member and such person becomes the
member of the society.
(6) Where the Collector, or the authorised officer, has to select under sub-sections (2), (3) and (5), one or more
grantees from persons having the same order of priority, the selection shall be made by him by drawing lots :
Provided that, if among such persons having the same order of priority, there are serving members of the armed
forces or ex-servicemen or their dependents, they should be preferred, so that, where their number is equal to or
less than the number of grantees to be selected, all of them shall be selected as grantees; and where their number is
more than the number of grantees to be selected, the selection shall be made by drawing lots from amongst them.
(7) While granting land under this section, the Collector or the authorised officer shall ensure that as far as
possible the total land held by the person after granting does not exceed one hectare of land falling under sub-
clause (a) of clause (5) of section 2 or one and half hectares of land falling under sub-clause (b) of that clause or
two hectares of land falling under sub-clause (c) or (d) of that clause, or three hectares of land falling under sub-
clause (e) of that clause.
(8) Where land used for the purposes of horticulture vests in the State Government under section 21, it shall be
granted on the condition that that land shall continue to be used for that purpose even after the grant.
(9) Where land which vests in the State Government under section 21 is grazing land or tank land or land notified
under sub-section (1), the State Government may dispose it of in such manner as it thinks fit.
(10) The occupancy price payable in respect of surplus land granted as aforesaid shall be equal to the amount of
compensation calculated under clause (a) or clause (b), and clauses (c) and (f) of section 23 for that land,
irrespective of the actual amount of compensation awarded therefor; and may be paid by the grantee in annual
instalments not exceeding fifteen,–the first instalment being payable at any time within two years from the date of
taking possession of the land, with option to pay any or all instalments before the due date.
Where the occupancy price is paid in instalments, simple interest at the rate of three per cent. per annum shall be
payable on the amount of the occupancy price remaining unpaid :
Provided that, when the compensation for the surplus land includes the cost of cultivation of the standing crop on
such land, and if, when the land is granted there is no crop on the land, the occupancy price payable under this sub-
section by the grantee of such land shall be reduced by an amount equal to the cost of cultivation of the standing
crop.
Explanation.–For the purposes of this section–
(a) a serving member of the armed forces means a serving member of the armed forces of the Union;
(b) an ex-serviceman means a former member of the armed forces of the Union (not being a person who has
ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court
martial or on account of bad character or as a result of desertion, or who has not been attested);
(c) a dependant in relation to any such serving member or ex-servicemen means his widow, son, son’s son,
unmarried daughter, father or mother–in that order, whose gross annual income for the year immediately
preceding the month in which surplus land is granted under this section does not exceed Rs. 12,000.;

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(d) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within such castes, races or
tribes, as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the
Constitution of India;
(e) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within such tribes or
tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article
342 of the Constitution of India.
SECTION 28. - SPECIAL PROVISION IN RESPECT OF LAND TAKEN OVER FROM INDUSTRIAL
UNDERTAKING TO ENSURE EFFICIENT CULTIVATION AND CONTINUED SUPPLY OF RAW MATERIAL.
(1) Where any land held by an industrial undertaking is acquired by, and vests in, the State Government
under section 21, such land being land which was being used for the purpose of producing raw material for the
manufacture of any goods, articles, or commodities by the undertakings, the State Government shall take care to
ensure that the acquisition of land does not affect adversely the production of raw material
(2)Subject to any rules made in this behalf for the purpose of ensuring] the full and efficient use of the land for
agriculture and its efficient management, the State Government,–
(a) may, if it is in the opinion of that Government necessary for the purpose aforesaid ( such opinion being formed
after considering the representation of persons interested therein ) maintain the integrity of the area so acquired, in one
or more compact blocks, and
(b) may, subject to such terms and conditions grant the land or any part thereof to a joint farming society (or a
member thereof) consisting as far as possible, of–
(i) persons who had previously leased such land to the undertaking,
(ii) agricultural labour (if any) employed by the undertaking on such land,
(iii) technical or other staff engaged by the undertaking on such land or in relation to the production or
supply of any raw material,
(iv) adjoinning landholders who are small holders, (v) landless persons : Provided that, the State
Government may,–
for such period as is necessary for the setting up of joint farming societies as aforesaid being not more
than three years in the first instance (extensible to a further period not exceeding two years) from the
date of taking possession of the land, ------------------------------------------------------direct that the land
acquired, or any part thereof, shall be cultivated by one or more farms run or managed by the State, or
by one or more corporations (including a company) owned or controlled by the State,
(3) The State Government may provide that,–
 for the breach of any term or conditions referred to in clause (b) of sub-section (2), or
 for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the
joint farming society should continue to cultivate the land,

lOMoARcPSD|18208158
----------the grant shall, after giving three month’s notice of termination thereof and after giving the other party
reasonable opportunity of showing cause, be terminated, and the land resumed.
Thereafter, the State Government may make such other arrangement as it thinks fit for the proper cultivation of
the land and maintenance of the production of raw material.
SECTION 29 - RESTRICTION ON TRANSFER OR DIVISION OF LAND GRANTED UNDER SECTION 28.
(1) Without the previous sanction of the Collector, no land granted under section 27 or granted to a joint farming
society under section 28, shall be–
(a) transferred, whether by way of sale (including sale in execution of a decree of a civil court or of an award
or order of any competent authority) or by way of gift, mortgage, exchange, lease or otherwise; or
(b) divided whether by partition or otherwise, and whether by a decree or order of a civil court or any other
competent authority, such sanction shall not be given otherwise than in such circumstances, and on such
conditions including condition regarding payment of premium or nazarana to the State Government], as may
be prescribed :
Provided that, no such sanction shall be necessary where land is to be leased by a serving member of the armed
forces or where the land is to be mortgaged as provided in sub-section (4) of section 36 of the Code for raising a
loan for effecting any improvement of such land.
(2) If sanction is given by the Collector to any transfer or division under subsection (1) subsequent transfer or
division of land shall also be subject to the provisions, of sub-section (1).
(3) Any transfer or division of land, and any acquisition thereof, in contravention of,sub-section (1) or sub-section
(2) shall be invalid; and as a penalty therefor, any right, title and interest of the transferor and transferee in or in
relation to such land shall, after giving him an opportunity to show cause, be forfeited by the Collector and shall
without further assurance vest in the State Government.
CHAPTER VII - PROCEDURE AND APPEAL.
SECTION 30. - POWERS OF COLLECTOR IN MAKING INQUIRIES.
In making inquiries under this Act, the Collector shall have the same powers as are vested in courts under the Code
of Civil Procedure, 1908 in trying a suit, in respect of the following matters, namely :–

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(a) proof of facts by affidavit ;

(b) summoning and enforcing the attendance of any person, and examining him on oath; and
(c) compelling the production of documents.
If a holder dies during the course of any inquiry under this Act, then the Collector shall cause the legal
representative of the deceased holder to be brought on record, and the Collector shall then proceed with the inquiry
SECTION 31 - MANNER OF RECORDING DECISIONS OF COLLECTOR.
Every decision of the Collector shall be recorded in the form of an order, which shall state reasons for such decision.
SECTION 32 - SERVICE OF NOTICE.
(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by, or by
order of, the Collector.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult male member of his family residing
with him; and if no such adult male member can be found, ,the notice may be served by fixing a copy on the outer
door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy
thereof in some conspicuous place in the office of the Collector and also in some conspicuous part of the land in
respect of which inquiry is to be held:
Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person
named therein at his last known residence, address or place of business and service of it may be proved by the
production of the addressee’s receipt.
SECTION 33 - APPEALS
(1) An appeal against an order or award of the Collector shall lie to the Maharashtra Revenue Tribunal in the
following cases :–
(i) an order under Section 13(2)(3) not being an order under which a true and correct return complete in all
particulars is required to be furnished.
(ii) a declaration or any part thereof under section 21;
(iia) an order under Section 21-A;
(iii) an award under Section 25;
(iv) an order refusing sanction to transfer or divide land under section 29;
(v) an order of forfeiture under Section 29(3)
(vi) an amendment of declaration or award under Section 37; and
(vii) an order of summary eviction under Section 40.
(1A) Any respondent, though he may not have appealed from any part of the decision, order, declaration or award,
may not only support the decision, order, declaration or award, as the case may be, on any of the grounds decided
against him but take cross-objection to the decision, order, declaration or award which he could have taken by way
of an appeal :

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Provided that, he has filed the objection in the Maharashtra Revenue Tribunal within 5[thirty days] from the date
of service on him of notice of the day fixed for hearing the appeal, or such further time as the Tribunal may see fit to
allow and thereupon, the provisions of Order 41, Rule 22 of the First Schedule to the Code of Civil Procedure, 1908,
shall apply in relation to the cross-objection as they apply in relation to the cross-objection under that rule.
Order 41, Rule 22 of the First Schedule to the Code of Civil Procedure, 1908– Grounds which may be taken in Appeal
(2) Evey petition of appeal under sub-section (1), shall be accompanied by a copy of the decision, order, declaration
or award, as the case may be, against which the appeal is made.
(3) In deciding such appeal the Maharashtra Revenue Tribunal shall exercise all the powers which a court has and
follow the same procedure which a court follows, in deciding appeals from the decree or order of an original court,
under the Code of Civil Procedure, 1908
SECTION 34 - POWER OF MAHARASHTRA REVENUE TRIBUNAL TO CONFIRM ETC., ORDER, ETC.
The Maharashtra Revenue Tribunal, in deciding an appeal under section 33, may confirm, modify or rescind the
decision, order, declaration or award or the amended declaration or award, as the case may be
SECTION 35 - LIMITATION FOR APPEALS.
Every appeal under this Act shall be filed within a period of 15 days from the date of the decision, order, declaration
or award of the Collector. The provisions of Sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall] apply
to the filing of such appeal.
 Sections 4 -
 Section 5 - Write heading of these Section
 Section12 -
 Section 14
SECTION 36 - COURT-FEE
Notwithstanding anything contained in the Bombay Court-fees Act, 1959 every appeal made under this Act to the
Maharashtra Revenue Tribunal shall bear court-fee stamp,—
(i) in the case of a declaration of the Collector under Section 21 or an amended declaration under Section 37,
of twenty-five rupees;
Section 21 deals with -Collector to make declaration regarding surplus land, etc., and consequences thereof.

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Section 37. deals with - Power of collector to correct clerical, etc., mistakes in declaration or award
(ii) in the case of an award of the Collector under Section 25 or an amended award under Section 37, of an
amount equal to five per cent. of the difference between the amount of compensation awarded to
the appellant and that claimed by him in his appeal, or rupees fifteen, whichever is more; and
(iii) in any other case, of five rupees.
CHAPTER VIII - MISCELLANEOUS.
SECTION 37. - POWER OF COLLECTOR TO CORRECT CLERICAL, ETC., MISTAKES IN DECLARATION OR

AWARD
Any clerical or arithmetical mistake in the declaration made under Section 21, or in an award made under Section
25, or error arising therein from accidental slips or omissions, may be corrected by the Collector, either of his own
motion or on the application of a person interested in the declaration or award, and the declaration or award as
corrected, shall be deemed to have been amended accordingly:
Provided that, no declaration or award shall be corrected unless an opportunity is given to the person whose
interest may be affected as a result of such correction to be heard.
SECTION 38. SUMS RECOVERABLE AS ARREARS OF LAND REVENUE
Any sum, whether by way of occupancy price, rent, fine, overpayment of compensation compensation payable
under section 21A or, otherwise payable by any person to the State Government by or under the provisions of this
Act, shall if not paid by such person, be recoverable as an arrear of land revenue
SECTION 39. - MODE OF PUTTING PERSON IN POSSESSION OF LAND.
(1) Any order of the Collector, or any other officer authorised under Section 27 awarding possession or restoring
the possession or use of any land, shall be executed by the Mamlatdar or the Tahsildar within whose jurisdiction the
land is situate in the manner provided in Section 21 of the Mamlatdar’s Court Act, 1906, as if it were the decision of
the Mamlatdar under that Act.
(2) An order of the Maharashtra Revenue Tribunal in appeal or of the State Government in revision shall be
executed in the manner provided for the execution of the order of the Collector under sub-section (1).
SECTION 40 - SUMMARY EVICTION.
Any person, unauthorisedly occupying or wrongfully in possession of, any land–
(a) which vests in the State Government under this Act, or
(b) to the use and occupation of which he is not entitled under the provisions of this Act, may be summarily
evicted by the Collector after such inquiry as he deems fit.

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SECTION 40A - PENALTY FOR FAILURE TO FURNISH RETURN, ETC
(1) If any person or any member of a family unit who is liable to furnish a return as required by Section 12, fails to
furnish the return within the time specified in that section, or furnishes a return which he knows or has reason to
believe to be false, he shall in addition to the penalty prescribed in Section 13, on conviction, be punished with
imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or
with both.
(2) No Court shall take cognisance of an offence punishable under this Act except with previous sanction of the
Collector, which sanction shall be accorded subject to such rules as may be prescribed.
SECTION 41 - BAR OF JURISDICTION
No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act
required to be settled, decided or dealt with by the Commissioner, Collector, Tribunal], the officer authorised under
section 27, the Maharashtra Revenue Tribunal or the State Government.
Explanation.– For the purpose of this section a civil court shall include a Mamlatdar’s Court constituted under the
Mamlatdar’s Court Act, 1906.
SECTION 42 - INQUIRIES AND PROCEEDINGS TO BE JUDICIAL PROCEEDINGS.
All inquiries and proceedings before the Collector, the Tribunal and the Maharashtra Revenue Tribunal shall be
deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
SECTION 43 - OFFICERS TO BE PUBLIC SERVANTS.
The officers functioning by or under this Act, shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
SECTION 43A - PARTICULARS TO BE FURNISHED WHERE LAND IS HELD IN JURISDICTION OF MORE THAN
ONE VILLAGE ACCOUNTANT.
(1) Every person holding land, whether as owner or tenant or partly as owner and partly as tenant, on the 26 th day
of September 1970, or on any date thereafter, in the jurisdiction of more than one village accountant, shall from
time to time within the prescribed period, furnish in the prescribed maner, true and correct particulars of all the
land so held by him to each of the Tahsildars within whose jurisdiction any such land is situate. The person shall
also furnish such particulars of land held by him, if any, in any other part of India to any Tahsildar.
(2) Where, a Tahsildar has reason to believe that a person has, without reasonable cause, failed to furnish
particulars of land held by him within the prescribed period, or has furnished particulars which he knows or has
reason to believe to be false, the Tahsildar shall issue a notice calling upon such person to show cause within fifteen
days of the service thereof, why the penalty provided by sub-section (3) should not be imposed upon him.
If the Tahsildar, on considering the reply or other cause shown, is satisfied that the person has, without reasonable
cause, failed to furnish the particulars within time, or has furnished particulars which he knew or had reason to

lOMoARcPSD|18208158
believe to be false, he may impose penalty provided in sub-section (3) and require him to submit true and correct
particulars within a period of one month from the date of the order.
(3) Where a person fails to furnish the particulars within the period prescribed under sub-section (1) or the period
referred to in sub-section (2) or furnishes particulars which he knows or has reason to believe to be false, he shall
be liable to pay penalty of twentyfive rupees.
SECTION 44B. - PLEADERS ETC. EXCLUDED FROM APPEARANCE
Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled
to appear on behalf of any party in any proceedings under this Act before the Authorised Officer, the Tribunal, the
Collector, the Commissioner, the State Government or the Maharashtra Revenue Tribunal :
Provided that, where a party is a minor or lunatic, his guardian may appear, and in the case of any other person
under disability, his authorised agent may appear.
Explanation.–For the purposes of this section, the expression “pleader” includes an advocate, attorney, vakil or any
other legal practitioner.
SECTION 45 - CONTROL.
(1) In all matters connected with this Act, the State Government shall have the same authority and control over the
officers authorised under Section 27, the Collectors and the Commissioners acting under this Act, as they do in the
general and revenue administration.
(2) The State Government may, suo motu or on an application made to it by the aggrieved person, at any time, call
for the record of any inquiry or proceedings under Sections 17 to 21 (both inclusive) for the purpose of satisfying
itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections and
may pass such order thereon as it deems fit, after giving the party a reasonable opportunity of being heard :
Provided that, nothing in this sub-section shall entitle the State Government to call for the record of any inquiry or
proceedings of a declaration or part thereof under Section 21 in relation to any land, unless an appeal against any
such declaration or part thereof has not been filed within the period provided for it and a period of three years
from the date of such declaration or part thereof has not elapsed.
Provided further that, no order shall be passed under this section so as to affect any land which is already declared
surplus and distributed according to the provisions of this Act :
Provided also that the revisional jurisdiction under this section shall be exercised only where it is alleged that the
land declared surplus is less than the actual land which could be declared surplus.
(3) The State Government may, subject to such restrictions and conditions as it may impose by notification in the
Official Gazette, delegate to the Commission the power conferred on it by sub-section (2) 6[of this section or under
any other provisions of this Act except the power to make rules under section 46 or to make an order under section
49.
SECTION 45A - POWER OF REVISION OF COMMISSIONER IN INQUIRIES AND PROCEEDINGS UNDER

SECTION 27

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(1) Subject to the provisons of this section, the Commissioner may suo motu or on an application made to him by an
aggrieved person or on a reference made in this behalf by the State Government, at any time–
(a) call for the record of any inquiry or proceedings under Section 25 (except in cases where an appeal has
been filed), or as the case may be, section 27) for the purpose of satisfying himself as to the legality or
propriety of any inquiry of proceedings, and
(b) pass such order thereon as he deems fit after giving the parties concerned a reasonable opportunity of
being heard :
Provided that, except in the case of a reference from the State Government, no such record shall be called for after
the expiry of a period of one year from the date the award of compensation is made by the Collector under Section
25, or as the case may be, the grant of land is made by the Collector under Section 27.
(2) Where the inquiry of proceedings referred to in sub-section (1) is held by an officer, or by a Tribunal of which
the Chairman is an officer, below the rank of an Assistant or Deputy Collector, the powers of the Commissioner
under sub-section (1) may be exercised by the Collector to whom such officer is subordinate.
(3) Where any order is passed by the Collector under sub-section (2) , the same may, in the manner and subject to
the conditions laid down in sub-section (1), be revised by the Commissioner.
SECTION 47. EXEMPTED LANDS
(1) The following lands shall be exempted from the provisions of this Act, that is to say,–
(a) land held by Government (including the Central Government, or any other State Government) or land held by
a corporation (including a company) owned or controlled by a State or the Union;
(b) land belonging to, or held on lease from or by, a local authority, or a University established by law in the
State of Maharashtra, or agricultural college or school or any institution doing research in agriculture approved
by the State Government;
(c) land held by such regimental farms as may be approved by the State Government in the manner prescribed;
(d) lands leased by the Land Development Bank or the Central Co-operative Bank or a Primary Co-operative
Society before the 4th day of August 1959 ;
(e) land held by a bank or a co-operative society as security for recovery of its dues. Explanation.–For the
purposes of clause (e)-,
(1) “Bank” means,–

(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970;

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(v) any banking institution notified by the Central Government under section 51 of the Banking Regulation
Act, 1949;
(vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act,
1963;
(vii) an Agro-Industries Corporation;
(viii) the Agriculature Finance Corporation Limited, a company incorporated under the Companies Act,
1956;
(2) “Co-operative society” means a co-operative society registered or deemed to be registered under the
Maharashtra Co-operative Societies Act, 1960, and includes a co-operative land development bank.
(2) Subject to any rules made in this behalf, the State Government may, after such inquiry as it deems fit, by an
order in the Official Gazette, exempt from the provisions of this Act, any of the following lands on such terms and
conditions including the extent of area to be exempted as may be specified in the order, namely :–
(a) land held before the 26th day of September 1970 by a public trust or a wakf the major portion of the
income of such land being appropriated for the purpose of education or medical relief or both or where the
major portion of the income is not so appropriated but an undertaking in the prescribed form is given within
six months of the commencement date (or within such further period as the State Government may allow in
that behalf) to the Collector, that the major portion of the income of such land will, within a period of two
years from the date of publication of the order granting exemption be appropriated for those purposes ;
(b) and held before the 26th day of September 1970, by any person for stud farm or by any public trust or wakf
for panjarpol or gaushala;
(bb) land held before the 26th day of September 1970, by a public limited company, a public trust or a wakf for
the purpose of breeding of cattle or sheep : Provided that, nothing in this clause shall apply to land used for
raising of garden produce or crops (other than grass or fodder crop) any time during a continuous period of
three years before 26th day of September 1970, or to land which is not being used with the object of
improvement of indigenous or local breed of cattle or sheep. The decision of the State Government on the
question whether or not any lands falls within this proviso shall be final and conclusive and shall not be called
in question in any civil court ;
(c) land which is held, or to be acquired in any manner, by an industrial undertaking for a bona fide industrial
or other non-agricultural use.
In considering whether such land is so held or to be acquired, the State Government shall have regard to the
following considerations, that is to say,––
(i) the extent and location of the land, if any, already held by the undertaking (including any land which it may
already hold for industrial or non-agricultural use;
(ii) the extent of land held by the person from whom it is to be acquired.
(3) No land shall continue to be exempt,––

(a) under the provisions of sub-section (1) after it ceases to answer to any of the descriptions as
specified in that sub-section;

lOMoARcPSD|18208158
(b) under the provisions of sub-section (2), after it ceases to answer to any of the descriptions as
specified in that sub-section, or if there is any breach of the condition subject to which exemption was
granted in respect of that land; and upon so ceasing to be exempted land, the provisions of this Act
shall apply to such land as they apply in relation to other land, but with the modifications that the
return to be submitted under Section 12 shall be submitted within three months, from the date on
which the land ceases to be exempted.
(4) If any question arises as to whether there is a breach of any condition imposed in any case under sub-section
(2), the State Government shall decide the same after giving an opportunity to the party interested of being heard,
and the decision of the State Government shall be final.
(5) No land, which immediately before the commencement date was exempted land, shall subject to the provisions
of sub-sections (1) and (2), continue to be exempted land after such commencement date, and, upon such land
ceasing to continue to be exempted land, the provisions of sub-section (3) shall mutatis mutandis apply but with the
modification that the return to be submitted under Section 12 shall be submitted within 3 months from the
commencement date.
MUTATIS MUTANDIS- 'Mutatis mutandis' translates to 'all necessary changes having been made' or 'with the necessary changes'.
The phrase mutatis mutandis indicates that whilst it may be necessary to make some changes to take account of different
situations, the main point remains the same.
(7) DEVELOPMEMNT CONTROL REGULATION 1991
SECTION 1 - SHORT TITLE, EXTENT AND COMMENCEMENT: -
(1 ) Title—These Regulations shall be called the Development Control Regulations for Greater Bombay, 1991
(hereinafter called "these Regulations").

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(2) Jurisdiction:- These regulation apply to building activity and development work in areas under the entire
Jurisdiction of the municipal Corporation of Greater Bombay (hereinafter called ‘’the corporation’’). If there isa
conflict between the requirements of these Regulations and those of any other rules or by-laws, these regulations
shall prevail;
Provided, however, that in the respect of areas included in finally sanctioned Town Planning Scheme, the Scheme
regulation shall prevails, if there is a conflict between the requirements for these Regulations and the scheme
Regulations.
SECTION 2 - DEFINITIONS OF TERMS AND EXPRESSIONS: -
(1) General:—In these, Regulations, unless the context otherwise requires, the terms and expressions shall have
the meanings indicated against each of them.
(2) Meanings as in the Acts, Rules, etc:—Terms and expressions not defined in these Regulations shall have the
same meanings as in the Maharashtra Regional and Town Planning Act, 1966 or the Bombay Municipal
Corporation Act, 1888 and the rules or bye-laws framed thereunder, as the case may be. Unless the context
otherwise requires.
SECTION 3 - DEFINITIONS:-
(1) "Accessory building" means a building separated from the main building on a plot and put to one or
more accessory uses.
(2) "Accessory use" means use of the building subordinate and customarily incidental to the principal use.
(5) "Air-conditioning" means the process of treating air to control simultaneously its temperature, humidity,
cleanliness and distribution to meet the requirement of an enclosed space.
(6) "Addition and/or alteration" means

a) change fromone occupancy to another, or
b) a structural change, such as an addition to the area or height, or the removal of part of a building, or
c) a change to the structure, such as the construction or cutting into or removal of any wall or part of a wall,
partition, column, beam, joist, floor including a mezzanine floor or other support, or
d) a change to or closing of any required means of ingress or egress, or a change to fixtures or equipment, as
provided in these Regulations.
(8) "Automatic sprinkler system" means an arrangement of pipes and sprinklers automatically operated by
heat and discharging water on fire, simultaneously setting an audible alarm.
(11) "Building" means a structure, constructed with any materials whatsoever for any purpose, whether used for
human habitation or not. and includes—
(i) Foundation, plinth, walls, floors, roof, chimneys, plumbing and building services, fixed platforms;
(ii) Verandahs, balconies, cornices, projections;
(iii) Part of a building or anything affixed thereto;

lOMoARcPSD|18208158
(iv) Any wall enclosing or intended to enclose any land or space, signs and outdoor display structures;
(v) Tanks constructed for storage of chemicals or chemicals in liquid form;
(vi) all types of buildings defined in (a) to (p) below, but tents, shamianas and tarpaulin shelters erected for
temporary purposes for ceremonial occasions, with the permission of the Commissioner, shall not be
considered to be "buildings".
(a) “Assembly Building “ means a building \ part thereof where groups of people congrete \ gather for
amusement, recreation [ social\religious\patriotic\ civil purposes]
“Assembly Building” includes the following –
a) Building of drams & cinema theatres
b) Drive –in-theatres,
c) Assembly karyalayas,
d) Gymnasia,
e) Restaurants
f) Places of worship,
g) Dance Halls
h) Clubs
i) Gymkhanas
j) Road,
k) Air\Sea\other public transportation stations;
l) Skating rings etc
(b) “Business Building” means – a building \ part thereof used for transaction of business and \ keeping
of accounts & reconrds thereof, and includes offices, banks, professional establishments, court houses if their
principal function is transaction of business and keeping of books & records.
(c) “Detached Building” – means any building with walls & roofs independent of any other building and
with open spaces on all sides.
(d) Educational Building – means a building exclusively used for a school \ college recognized by the
appropriate Board \ University \ any other competent authority involving assembly for instruction,
educational\recreation incidental to educational use/\.
It also includes a building for such other users incidental thereto such as a library \ a research institution.
(e) "Hazardous building" means a building or part thereof used for—
(i) storage, handling, manufacture or processing of radioactive substances or of highly

combustible or explosive materials or products which are liable to burn with extreme rapidity and/or
producing poisonous fumes or explosive emanations;

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(ii) storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious
alkalis, acids, or other liquids, gases or Chemical Producing flame, fumes and explosive mixtures or
which result in division of matter into fine particles capable of spontaneous ignition.
(f) '"Industrial building" means a building or part thereof wherein products or material are fabricated,
assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills,
diaries and factories.
(h) “Mercantile Building" means a building or part thereof used as shops, stores or markets for display and
sale of wholesale or retail goods or merchandise, including office, storage and service facilities incidental
thereto located in the same building.
(i) "Multi-storeyed building" or "High-rise building" means a building of a height of 24 meters or more
above the average surrounding ground level.
(j) "Office building" (premises), means a building or premises or part thereof whose sole or principal use is
for an office or for office purposes or clerical work.
"Office purposes" includes the following-
a) the purpose of administration, clerical work, or

b) handling money, telephone, telegraph or
c) work of computer operation; and
"Clerical work" includes

a) writing, book-keeping,
b) sorting papers,
c) typing, filing,
d) duplicating, punching cards or tapes,
e) machine calculations,
f) drawing of matter for publication and
g) editorial preparation of matter for publication.
(k) "Residential building" means a building in which sleeping accommodation is provided for normal
residential purposes, with or without cooking or dining facilities, and includes one or more family dwellings,
lodging or rooming houses, hostels, dormitories, apartment houses, flats, and private garages of such
buildings.
(m) "Special building" means—
a) a building solely used for the purpose of a drama or cinema theatre, a drive-in-theatre, an assembly
hall or auditorium, an exhibition hall, theatre museum, a stadium, a "mangal karyalayas" or where
the "built-up area of such a user exceeds 600 sq.m. in the case of mixed occupancies;

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b) an industrial building;
c) a hazardous building;
d) a building of a wholesale establishment;
e) a residential hotel building or centrally air-conditioned building which exceeds—
(i) 15 m. in height, or (ii) a total built-up area of 600 sq.m.
(n) "Storage building" means a building or part thereof used primarily for storage or shelter of goods,
wares, merchandise, and includes a building used as a warehouse, cold storage, freight depot, transit shed,
store house, public garage, hangar, truck terminal, grain elevator, barn and stable.
(o) "Unsafe building"means a building which—
(i) is structurally unsafe,

(ii) is insanitary,
(iii) is not provided with adequate mean of egress,
(iv) constitutes a fire hazard,
(v) is dangerous to human life,
(vi) in relation to its existing use, constitutes a hazard to safety or health or public welfare by reasons of
inadequate maintenance, dilapidation or abandonment.
(12) "Building line" means the line upto which the plinth of a building adjoining a street or an extension of a
street or on a future street may lawfully extend and includes the lines prescribed, if any, in any scheme and/or
development plan.
(13) "Built-up area" means the area covered by a building on all floors including cantilevered portion, if any, but
excepting the areas excluded specifically under these Regulations.
(14) "Cabin" means a non-residential enclosure constructed of non-load bearing partitions.
(15) "Carpet area" means the net usable floor area within a building excluding that covered by the walls or any
other areas specifically exempted from floor space index computation in these Regulations.
(16) "Chimney" means a construction by means of which a flue is formed for the purpose of carrying products of
combustion to the open air and includes a chimney stack and the flue pipe. (
17) "Chajja" means a structural overhang provided over openings on external walls for protection from the
weather.
(21) "Contiguous holding" means a contiguous piece of land in one ownership irrespective of separate property
register cards.
(23) "Courtyard" means a space permanently open to the sky within the site around a structure and
paved/concreted.

lOMoARcPSD|18208158
(24) "Dharmashala" means a building used as a place of religious assembly, a rest house, a place in which
charity is exercised with religious or social motives, or a place wherein a certain section of people have a right of,
or are granted, residence without payment or on nominal payment.
(26) "Enclosed staircase" means a staircase separated by fire resistant walls and doors from the rest of the
building.
(27) "Escape route" means any well ventilated corridor, staircase or other circulation space, or any combination
of the same, by means of which a safe place in the open air at ground level can be reached. (28) "Existing
building" means a building or structure existing authorisedly before the commencement of these regulations.
(29) "Existing use" means use of a building or a structure existing authorized before the commencement of these
Regulations.
(41) "Floor" means the lower surface in a storey on which one normally walks in a building, and does not include
a mezzanine floor. The floor at ground level with a direct access to a street or open space shall be called the
ground floor; the floor above it shall be termed as floor 1, with next higher floor being termed as floor 2, and so on
upwards.
(42) "Floor Space Index (FSI)" means the quotient of the ratio of t h e combined gross floor area of all floors,
excepting areas specifically exempted under these Regulations, to the total area of the plot,
(43) "Footing" means a foundation unit constructed in brick work, stone masonry or concrete under the base of a
wall or column for the purpose of distributing the load over a large area.
(44) "Foundation" means that part of the structure which is in direct contact with and transmitting loads to the
ground.
(49) "Habitable room" means a room occupied or designed for occupancy for human habitation and uses
incidental thereto, including a kitchen if used as a living room, but excluding a bath-room, water closet
compartment, laundry, serving and storing pantry, corridor, cellar, attic, store-room, pooja-room and spaces not
frequently used.
(50) "Hazardous material" means—
(i) radio active substances;
(ii) material which is highly combustible or explosive and/or which may produce poisonous fumes or
explosive emanations, or storage, handling, processing or manufacturing of which may involve highly
corrosive, toxic or noxious alkalis or acids or other liquids;
(iii) other liquids or chemicals producing flame, fumes, explosive, poisonous, irritant or corrosive gases or
which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.
(59) "Masonry" means an assemblage of masonry units properly bound together by mortar.
(60) "Masonry unit" means a unit whose net cross-sectional area in every plane parallel to the bearing surface is
75 per cent or more of its gross cross-sectional area measured in the same plane. It may be either clay, brick,
stone, concrete block or sand-lime brick.

lOMoARcPSD|18208158
(61) "Mezzanine floor" means an intermediate floor, not being a loft, between the floor and ceiling of any storey.
(62) "Non-combustible" means not liable to bum or add heat to a fire when tested for combustibility in
accordance with the IS: 3808-1966 Method of Test for Combustibility of Building Materials.
(63) "Occupancy" or "Use" means the principal occupancy or use for which a building or a part of it is used or
intended to be used, including con tingent subsidiary occupancies; mixed occupancy buildings being those in
which more than one occupancy are present indifferent portions of the buildings.
(64) "Open space" means an area forming an integral part of a site left open to the sky.
(66) "Parapet" means a low wall or railing built along the edge of a roof or a floor.
(67) "Parking space" means an enclosed or unenclosed covered or open area sufficient in size to park vehicles.
Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or
egress of vehicles.
(71) "Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the
floor immediately above the ground. (72) "Plinth area" means the built-up covered area measured at the floor
level of the basement or of any storey.
(71) "Plot" means a parcel or piece of land enclosed by definite boundaries.
(74) "Porch" means a covered surface supported on pillars or otherwise for the purpose of a pedestrian or
vehicular approach to a building.
(75) "Retention activity" means an activity or use which is allowed to continue, notwithstanding i t s non-
conforming nature in relation to the use permitted in the adjoining or surrounding area.
(80) "Row housing" means a row of houses with only front, rear and interior open spaces.
(81) "Semi-detached building" means a building detached on three sides with open spaces as specified in these
Regulations.
(82) "Service road" means a road/lane provided at the front, rear or side of a plot for service purposes.
(83) "Site" means a parcel or piece of land enclosed by definite boundaries.
(84) "Site, Corner" means a site at the junction of and fronting on two or more roads or streets.
(85) "Site, Depth of”means the mean horizontal distance between the front and rear site boundaries.
(86) "Site with double frontage" means a site having a frontage on two streets other than a corner plot.

lOMoARcPSD|18208158
(87) "Site. Interior or Tandem" means a site access to which is by a passage from a street whether such passage
forms part of the site or not.
(88) "Smoke-stop door" means a door for preventing or checking the spread of smoke from one area to another.
(89) "Stair-cover" means a structure w i t h a covering roof over a staircase and i ts landing built to enclose only
the stairs for the purpose of providing protection from the whether, and not used for human habitation.
(90) "Storey'" means the portion of a building included between the surface of any floor and the surface of the
floor next above it or if there be no floor above it then the space between any floor and the c e ili n g next above i
t.
(93 ) "Tower-like structure" means a structure in which the height of the tower-like portion is at least twice
that of the broader base.
(95) "Volume to plot Ratio (V.P.R.)"means the ratio expressed in meters of the volume of a building measured in
cubic meters to the area of the plot measured in square meters.
(96) "Water Closet (W.C.)"means a privy with an arrangement for flushing the pan with water, but does not
include a bathroom.
(97) "Water course" means a natural channel or an artificial channel formed by training or diversion of a
natural channel meant for carrying storm and waste water.
CHART OF SECTION 3 - DEVELOPMENT CONTROL REGULATIONS FOR GREATER BOMBAY, 1991

SECTION 3 CLAUSE DEFINITIONS

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(1 ) "Accessory building" means a building separated from the main building on a plot
and put to one or more accessory uses.
(2) "Accessory use" means use of the building subordinate and customarily incidental to
the principal use.
(5) "Air-conditioning" means the process of treating air to control simultaneously its
temperature, humidity, cleanliness and distribution to meet the requirement of an
enclosed space
(6) "Addition and/or alteration" means

 change fromone occupancy to another, or
 a structural change, such as an addition to the area or height, or the removal of
part of a building, or
 a change to the structure, such as the construction or cutting into or removal of
any wall or part of a wall, partition, column, beam, joist, floor including a
mezzanine floor or other support, or
 a change to or closing of any required means of ingress or egress, or a change to
fixtures or equipment, as provided in these Regulations.
(8) "Automatic sprinkler system" means an arrangement of pipes and sprinklers

automatically operated by heat and discharging water on fire, simultaneously setting
an audible alarm.
(10) "Basement or cellar" means the lower storey of a building below, or partly below the
ground level.
(11) "Building" means a structure, constructed with any materials whatsoever for any
purpose, whether used for human habitation or not. and includes—
(i) Foundation, plinth, walls, floors, roof, chimneys, plumbing and building services,
fixed platforms;
(ii) Verandahs, balconies, cornices, projections;
(iii) Part of a building or anything affixed thereto;
(iv) Any wall enclosing or intended to enclose any land or space, signs and outdoor
display structures;
(v) Tanks constructed for storage of chemicals or chemicals in liquid form;
(vi) all types of buildings defined in (a) to (p) below, but tents, shamianas and
tarpaulin shelters erected for temporary purposes for ceremonial occasions, with the
permission of the Commissioner, shall not be considered to be "buildings".
(a) “Assembly Building “ means a building \ part thereof where groups of

people congrete \ gather for amusement, recreation [ social\religious\patriotic\

lOMoARcPSD|18208158
civil purposes] “Assembly Building” includes the following –

a) Building of drams & cinema theatres
b) Drive –in-theatres,
c) Assembly karyalayas,
d) Gymnasia,
e) Restaurants
f) Places of worship,
g) Dance Halls
h) Clubs
i) Gymkhanas
j) Road,
k) Air\Sea\other public transportation stations;
l) Skating rings etc
(b) “Business Building” means – a building \ part thereof used for transaction of
business and \ keeping of accounts & reconrds thereof, and includes offices, banks,
professional establishments, court houses if their principal function is transaction of
business and keeping of books & records.
(c) “Detached Building” – means any building with walls & roofs independent of any
other building and with open spaces on all sides.
(d) Educational Building – means a building exclusively used for a school \ college
recognized by the appropriate Board \ University \ any other competent authority
involving assembly for instruction, educational\recreation incidental to educational
use.
It also includes a building for such other users incidental thereto such as a library \ a
research institution.
(e) "Hazardous building" means a building or part thereof used for—
(i) storage, handling, manufacture or processing of radioactive substances or of
highly combustible or explosive materials or products which are liable to burn with
extreme rapidity and/or producing poisonous fumes or explosive emanations;
(ii) storage, handling, manufacture or processing of which involves highly corrosive,
toxic or noxious alkalis, acids, or other liquids, gases or Chemical Producing flame,
fumes and explosive mixtures or which result in division of matter into fine particles
capable of spontaneous ignition.
(n) "Storage building"means a building or part thereof used primarily for

storage or shelter of goods, wares, merchandise, and includes a building used as
a warehouse, cold storage, freight depot, transit shed, store house, public
garage, hangar, truck terminal, grain elevator, barn and stable.
(o) "Unsafe building" means a building which—

(i) is structurally unsafe,

lOMoARcPSD|18208158
(ii) is insanitary,
(iii) is not provided with adequate mean of egress,
(iv) constitutes a fire hazard,
(v) is dangerous to human life,
(vi) in relation to its existing use, constitutes a hazard to safety or health or
public welfare by reasons of inadequate maintenance, dilapidation or
abandonment.
(12) "Building line" means the line upto which the plinth of a building adjoining a street or
an extension of a street or on a future street may lawfully extend and includes the lines
prescribed, if any, in any scheme and/or development plan.
(13) "Built-up area" means the area covered by a building on all floors including
cantilevered portion, if any, but excepting the areas excluded specifically under these
Regulations.
(14) "Cabin" means a non-residential enclosure constructed of non-load bearing partitions.
(15) "Carpet area" means the net usable floor area within a building excluding that
covered by the walls or any other areas specifically exempted from floor space index
computation in these Regulations.
(16) "Chimney" means a construction by means of which a flue is formed for the purpose of
carrying products of combustion to the open air and includes a chimney stack and the
flue pipe.
(17) "Chajja" means a structural overhang provided over openings on external walls for
protection from the weather
(21) "Contiguous holding" means a contiguous piece of land in one ownership irrespective
of separate property register cards.
(23) "Courtyard" means a space permanently open to the sky within the site around a
structure and paved/concreted.
(24) "Dharmashala" means a building used as a place of religious assembly, a rest house, a
place in which charity is exercised with religious or social motives, or a place wherein a
certain section of people have a right of, or are granted, residence without payment or
on nominal payment
(26) "Enclosed staircase" means a staircase separated by fire resistant walls and doors
from the rest of the building.
(27) "Escape route" means any well ventilated corridor, staircase or other circulation
space, or any combination of the same, by means of which a safe place in the open air at
ground level can be reached. (28) "Existing building" means a building or structure

lOMoARcPSD|18208158
existing authorisedly before the commencement of these regulations
(29) "Existing use" means use of a building or a structure existing authorized before the
commencement of these Regulations.
(41) "Floor" means the lower surface in a storey on which one normally walks in a building,
and does not include a mezzanine floor. The floor at ground level with a direct access to
a street or open space shall be called the ground floor; the floor above it shall be
termed as floor 1, with next higher floor being termed as floor 2, and so on upwards
(42) "Floor Space Index (FSI)" means the quotient of the ratio of t h e combined gross
floor area of all floors, excepting areas specifically exempted under these Regulations,
to the total area of the plot,
(43) "Footing" means a foundation unit constructed in brick work, stone masonry or
concrete under the base of a wall or column for the purpose of distributing the load
over a large area.
(44) "Foundation" means that part of the structure which is in direct contact with and
transmitting loads to the ground.
(49) "Habitable room" means a room occupied or designed for occupancy for human
habitation and uses incidental thereto, including a kitchen if used as a living room, but
excluding a bath-room, water closet compartment, laundry, serving and storing pantry,
corridor, cellar, attic, store-room, pooja-room and spaces not frequently used.
(50) "Hazardous material" means—

(i) radio active substances;
(ii) material which is highly combustible or explosive and/or which may produce
poisonous fumes or explosive emanations, or storage, handling, processing or
manufacturing of which may involve highly corrosive, toxic or noxious alkalis or acids
or other liquids;
(iii) other liquids or chemicals producing flame, fumes, explosive, poisonous, irritant or
corrosive gases or which may produce explosive mixtures of dust or fine particles
capable of spontaneous ignition.
(59) "Masonry" means an assemblage of masonry units properly bound together by mortar.
(60) "Masonry unit" means a unit whose net cross-sectional area in every plane parallel to
the bearing surface is 75 per cent or more of its gross cross-sectional area measured in
the same plane. It may be either clay, brick, stone, concrete block or sand-lime brick.
(61) "Mezzanine floor" means an intermediate floor, not being a loft, between the floor and

lOMoARcPSD|18208158
ceiling of any storey.
(62) "Non-combustible" means not liable to bum or add heat to a fire when tested for
combustibility in accordance with the IS: 3808-1966 Method of Test for Combustibility
of Building Materials.
(63) "Occupancy" or "Use" means the principal occupancy or use for which a building or a
part of it is used or intended to be used, including con tingent subsidiary occupancies;
mixed occupancy buildings being those in which more than one occupancy are present
indifferent portions of the buildings.
(64) "Open space" means an area forming an integral part of a site left open to the sky.
"Parapet" means a low wall or railing built along the edge of a roof or a floor.
(66)
(67) "Parking space" means an enclosed or unenclosed covered or open area sufficient in
size to park vehicles. Parking spaces shall be served by a driveway connecting them with
a street or alley and permitting ingress or egress of vehicles.
"Plinth" means the portion of a structure between the surface of the surrounding
(71)
ground and surface of the floor immediately above the ground.
"Plinth area" means the built-up covered area measured at the floor level of the
(72)
basement or of any storey.
(74) "Porch" means a covered surface supported on pillars or otherwise for the
purpose of a pedestrian or vehicular approach to a building.
"Retention activity" means an activity or use which is allowed to continue,

(75)
notwithstanding i t s non-conforming nature in relation to the use permitted in the
adjoining or surrounding area.
"Row housing" means a row of houses with only front, rear and interior open spaces.
(80)
"Semi-detached building" means a building detached on three sides with open spaces
(81)
as specified in these Regulations.
"Service road" means a road/lane provided at the front, rear or side of a plot for
(82)
service purposes. .
"Site" means a parcel or piece of land enclosed by definite boundaries.

(83)
(84) "Site, Corner" means a site at the junction of and fronting on two or more roads or
streets
"Site, Depth of”means the mean horizontal distance between the front and rear site
(85)
boundaries.

lOMoARcPSD|18208158
"Site with double frontage" means a site having a frontage on two streets other than
(86)
a corner plot.
(87) "Site. Interior or Tandem" means a site access to which is by a passage from a street
whether such passage forms part of the site or not.
"Smoke-stop door" means a door for preventing or checking the spread of smoke from
(88)
one area to another.
"Stair-cover" means a structure with a covering roof over a staircase and i ts landing
(89)
built to enclose only the stairs for the purpose of providing protection from the whether,
and not used for human habitation.
"Storey'" means the portion of a building included between the surface of any floor and
(90)
the surface of the floor next above it or if there be no floor above it then the space
between any floor and the ceiling next above it .
"Tower-like structure" means a structure in which the height of the tower-like

(93)
portion is at least twice that of the broader base.
"Volume to plot Ratio (V.P.R.)"means the ratio expressed in meters of the volume of a
(95)
building measured in cubic meters to the area of the plot measured in square meters.
"Water Closet (W.C.)"means a privy with an arrangement for flushing the pan with
(96)
water, but does not include a bathroom.
(97) "Water course" means a natural channel or an artificial channel formed by training or
diversion of a natural channel meant for carrying storm and waste water.
FSI - FLOOR SPACE INDEX & TDR - TRANSFERABLEDEVELOPMENT RIGHT
FSI means Floor Space IndexIt is also known as Floor Area Ratio. FSI, meaning Floor Space Index, also
known as Floor Area Ratio (FAR), is the ratio of the total built-up area to the total area of the plot.
FAR and FSI are used synonymously, the only difference being that while the floor area calculation is expressed as
a ratio, the Floor space Index is an index and FSI calculation is expressed in percentage.
The municipal council of a particular area is responsible for establishing the FSI limit in a certain range, in order
to regulate the amount of construction and the size of the buildings in that area. Since FSI is a measure that
combines the height and footprint of a building, regulating it ensures flexibility in the design of the building
Total Covered Area On All Floors
FSI =
Gross Plot Area

lOMoARcPSD|18208158
A simple example of this would be, - if a plot of land measures about five hundred square meters, the permissible FSI is
1, then the construction of five hundred square meters will be allowed on this plot. As per the permissible FSI, this
number can change.
The FSI value depends on the size of the plot, type of construction (business building, residential
apartments, etc), the proximity of the development from the road.
FSI Formula -FSI = Total floor area of the each floor / total area of the plot
FSI calculations - Let’s assume that “A” have a 2000 sq. ft. plot on which you want to build a 6000 sq. ft.
structure
Then FSI of “A”;s plot = 6000/2000 = 3. Here FSI value is 3.
The municipal corporations and local authorities decide upon the permissible FSI in their respective jurisdictions.
By considering the FSI set out by these local authorities, that we can also calculate the area of the entire floor.
Let’s assume the FSI is 1.5 and the total area of the plot is 2000.
Total area of all floors = 1.5 x 2000 = 3000It can be 3 floor of 1000sq.ft or 2 floors of 1500 sq.ft or 1 floor of 3000
sq.ft
Importance Of FSI -The FSI value affects the value of land in a specific location. This value helps the builders to
know how much land can be used to build the property in that specific plot. A higher FSI for builders enables them
to build more and sell more. A lower FSI would indicate that less area will be used for construction on that plot.
The builder or contractor can pay the municipal body to increase the FSI value by adding additional area to the
plot. It is known as Premium FSI
What is Base FSI? - Base FSI is the prescribed basic FSI that a developer can avail on a plot of land.
What Is Premium FSI? - If the developer wishes to increase the limit from the permissible base FSI, he has to pay
a premium fee to the local authorities. The premium fee paid is known as premium FSI and is charged by the
Government at the ready reckoner rate. There are certain conditions that need to be met to avail premium FSI,
like minimum road width.
If the road adjacent to the plot is 30-40 feet in width, then you can get a premium FSI of 20%. This means that you
can build 20% more than the permissible FSI.
Likewise, if there is a 40-60 feet wide road adjacent to the plot, then you can avail a 30% premium FSI.
Similarly, for plots that are abutted with over 60 feet road, then the Premium FSI is 40%. If the area total
construction area of land is 2000 Sq. ft which is having 30 feet roadside length (where normal FSI is 1.5), anyone
take advantage of a premium FSI of 20% by paying the premium fee. Build up area = 2000 x normal FSI x
Premium FSI = 2000 x 1.5 x 20% = 600 square feet
What factors does FSI depend on?The FSI value depends on many factors based on the bylaws of the city’s
governing authority. It also depends on the size of the plot, the location, width of the adjacent road, availability of
power, sewer lines, water, and also the type of building – commercial, residential, worship, institutional, etc.
Is Car Parking Included in FSI? - Common areas, Interior Open Spaces, Parking areas, and Basements
completely used for Parking are all excluded from the FSI Calculation.

lOMoARcPSD|18208158
Is Balcony Included in FSI? -Balconies, terraces, lifts, and lobbies are not technically covered under the carpet
area; hence they are excluded from FSI. However, it will be included if the staircase is located inside the
apartment.
TRANSFERABLE DEVELOPMENT RIGHTS - TDR

The Transferable Development Rights are usually transferred from the fully developed zones to other zones and
not vice-versa. For example, in the case of a city like Mumbai, the TDR which is generated in the island city (i.e.
southern part) will be utilized for development in the suburban areas (i.e. northern part).
DR means transferable development rights which are obtained in the form of certificates which the owner can
subsequently use for himself or can trade it in the market for cash.
The main purpose of this concept is that developers purchase the TDR certificates available in the market and
utilize them for increasing their permissible development rights. In TDR trading, price is primarily based on
demand and supply concept. Due to the TDR trading, the real estate prices are increasing day by day.
General points regarding TDR

1) It is a certificate obtained from the Municipal Corporation which an owner of the property obtains where his
property is reserved for the purpose of public utilities such as road, garden, school, etc. The certificate

lOMoARcPSD|18208158
obtained is equal to the reserved rights obtained by the owner on surrendering his property to the
Municipal Corporation.
2) It means making an available a certain amount of additional built-up area in place of area surrendered by
the owner of the land so that the extra built-up area can be used by him in an optimum manner.
3) In a city like Mumbai, these rights are usually transferred from fully developed zones to other zones.
4. The basic motive behind this transfer is to facilitate the development of the underdeveloped
areas.
4) As per explanation I to Rule 5 of the MAHARERA Rules, 2017, the TDR Acquisition Cost is included
while calculating the land cost, therefore, it finally increases the property prices.
6. It has come up as an urban development tool which has resulted in the congestion in a haphazard manner.
5) This concept came up when there used to be land acquisition by the Government authorities for the
formation of roads, civic amenities, etc. This certificate minimizes the time needed and easily helps in the
process of acquisition as the owner can transfer his rights with the help of this certificate
Transfer of Development Rights (TDR) means providing a certain amount of additional built-up area in exchange
for surrendered or surrendered area by the owner of the land so that he can either use the additional built-up
area himself or transfer it to another transfer to Additional built up area for an additional amount of funds
released by URB’s Urban Local Bodies (Municipal Bodies, Urban Improvement Trust, Urban Development
Authority).
In short, TDR enables the ability of development to be partially or fully transferred from one plot to another. In
exchange for the land surrendered by the owner / private developer by the UDB, a TDR certificate will be issued
free of all disabilities and through incentives declared by the state government:
Need for Transferable Development Rights - Every decade, the Indian population is growing to over 5 billion
people. This rate of increase in population has a huge impact on Indian agricultural land, wildlife, environment,
forest land, and also in the health of the society. Population increase affects primary infrastructure and public
facilities like government health facilities, road network, sanitation system, drinking water etc. The central
government established the ministry which prepares more well for urban and rural development, particular plans
for the achievement of proper development.
The Ministry of Development creates Urban development Planning and Implementing Authority for Urban
development. The takeover was the major problem for the land of farmers and landowners for the development of
the area. Many complications and controversies arise in the Land acquisition process. So avoiding all this The TDR
concept has been introduced for the first time in India. Mumbai was the first city to implement this concept of
TDR’s in Mumbai’s slum development.
Advantages of TDR
1. For necessary public purposes in urban Areas Preservation and carving of Land
2. As per present market value, Flexibility is to compensate landowners through issuing DRC which
can be used
3. Less administrative costs and less monitoring to ULB than zoning (Tavares, 2003)
4. Potential for Fair Compensation to landowners.
5. Development without damage to nature
6. In framed time, planning and implementation of development possible

lOMoARcPSD|18208158
7. In Development plans, the Indian context has used for carving of roads and open spaces easily
Disadvantages of TDR
1. Any TDR program had inconclusive results

2. The TDR program designed for one locality cannot be used for another locality of the same
population because the expectations and thinking of society vary from region to region and place to
place.
3. Due to the personal hindrance of every landowner. It is very difficult to trace the seller and buyer
of the land.
4. Successful implementation of the TDR program requires vast up-gradation of market knowledge.
What is the difference between TDR and FSI? -While FSI stands for Floor Space Index, TDR stands for
Transfer of Development Rights. The latter is obtained from the owner, in the form of certificates. The owner can
then subsequently use these certificates to trade in the market for cash .

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All State laws - 4th BLS

Bachelors of Law - 3 years (University of Mumbai)

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STATE LAWS NOTES

BY - ADVOCATE SATARUPA AICH

Downloaded by Shikha Upadhyay (shikha122911324@gmail.com)

Land law Notes by Advocate – SatarupaAich

(6) THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961.

(7) MAHARASHTRA STAMP ACT 1958

Downloaded by Shikha Upadhyay (shikha122911324@gmail.com)

Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(1) BOMBAY TENANCY & AGRICULTURAL LANDS ACT 1948.

Sections – 64, 63, 66, 67

d) To ensure the full and efficient use of land for agriculture, it is

e) To expedient to assume management of estates held by landholders and

g) To make provisions for certain other purposes hereinafter appearing;

SECTION 1. - SHORT TITLE &EXTENT

In this Act, unless there is anything repugnant in the subject or context,–

(1) “Agriculture” includes the following

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(2) “Agriculturist” means a person who cultivates land personally

(2B) “Appointed day”means the 15th day of June 1955;

Section 7 - Permanent tenants.

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(i) by one’s own labour, or

(c) forms one compact block

(c) the reclaiming, clearing, enclosing, levelling or terracing of land;

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(b) for this purposes term “Land” includes ––

(ii) the sites of structures used by agriculturists for allied pursuits;

(9) “Landholder” means a

(10A) “Permanent tenant”means a person ––

(11) “Person”includes a joint family;

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(17) “Tenancy”means the relationship of landlord and tenant;

(18) “Tenant”means a person who holds land on lease and include, ––

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

CHART OF DEFINITIONS OF SECTION 2 - MAHARASHTRA LAND REVENUE CODE 1966

SECTION - 2 CLAUSE DEFINITIONS

“Agricultural laborer” --- means a person whose principal means of livelihood is

“Allied pursuits” means dairy farming, poultry farming, breeding of

“Backward area” means any area declared by the State Government to be a

“Ceiling area”means in relation to land held by a person whether as an

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Land law Notes by Advocate – Satarupa Aich Con - 7304128201

(c) 12 acres of perennially irrigated land.

Explanation. - In calculating the ceiling area, wark as land shall be excluded.

Section 7 - Permanent tenants.

(2) For the purposes of this Act, a person-

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