LAND ACQUISITION ACT, 1894
CHAPTER 1
HISTORY OF LAND ACQUISITION IN INDIA
MEANING OF LAND ACQUISITION
EVOLUTION OF LAND ACQUISITION LAWS IN INDIA
The Bengal Regulation I of 1824
The Bombay Act XXVIII of 1839
The Bombay Act XLII of 1850
The Madras Act XX of 1852
Act VI of 1857
The Land Acquisition Act, 1870
The Land Acquisition Act, 1894
Amendment of 1923
Amendment Act 31 of 1962
Amendment Act 13 of 1967
Amendment Act 68 of 1984
Deficiencies of 1894 Act
The Land Acquisition (Amendment) Bill, 2009
The Land Acquisition Rehabilitation and Resettlement Bill, 2011
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
Highlights of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014
CHAPTER 2
INTRODUCTION
[SECTION 1 and 2]
1. SHORT TITLE, EXTENT AND COMMENCEMENT
2. REPEAL AND SAVING
CHAPTER 3
DEFINITIONS
[SECTIONS 3 and 3-1A]
1. LAND [Section 3 (a)]
Things attached to earth or permanently fastened to any thing attached to earth
Benefits arising out of land
2. LOCAL AUTHORITY [Section 3 (aa)]
3. ARABLE LAND [Section 3 (aaa)]
Agricultural Lands
Non-agricultural lands
4. PERSON INTERESTED [Section 3 (b)]
5. COLLECTOR [Section 3 (c)]
6. CORPORATION OWNED OR CONTROLLED BY THE STATE [Section 3 (cc)]
7. COURT [Section 3 (d)]
Meaning of court
Jurisdiction of court
Definition of court
8. COMPANY [Section 3 (e)]
9. APPROPRIATE GOVERNMENT [Section 3 (ee)]
10. LAND ACQUISITION OFFICER [Section 3 (eee)]
11. PUBLIC PURPOSE [Section 3 (f)]
What is meant by public purpose?
Definition of "public purpose"
According to definition, public purpose includes Provision of village-sites
or the extension, planned development or improvement of existing village sites
Provision of land for town or rural planning
Provision of land for planned development of land
Provision of land for a corporation owned or controlled by the State
Provision of land for residential purposes
Provision of land for carrying out a scheme
Provision of land for any other development scheme
Provision of any premises or building for locating a public office
12. PERSON ENTITLED TO ACT [Section 3 (g)]
Trustees
Married women
Guardians of the minors and the committees or managers of lunatics or idiots
POWER TO BE EXERCISED BY COMMISSIONER UNDER THE ACT [Section 3-1 A]
CHAPTER 4
STAGES IN ACQUISITION OF LAND
Stage I : Preliminary survey
Stage II : Preliminary notification
Stage III : Objections to intended acquisition and hearing thereof
Stage IV : Declaration of intended acquisition
Stage V : Enquiry and award by Collector Stage
VI : Taking possession
All stages of acquisition must be followed in succession
CHAPTER 5
STAGE-I : PRELIMINARY SURVEY
[SECTIONS 3A and 3B]
PRELIMINARY SURVEY OF LANDS AND POWERS OF OFFICERS
TO CARRY OUT SURVEY [Section 3-A]
Determination of need of land for any public purpose
Persons authorized to ascertain the need of land
Powers of authorized officers
Restriction on power to enter upon
PAYMENT FOR DAMAGE [Section 3-B]
CHAPTER 6
STAGE-II : PRELIMINARY NOTIFICATION
[SECTIONS 4 and 5]
PUBLICATION OF PRELIMINARY NOTIFICATION AND
POWERS OF OFFICERS THEREUPON [Section 4]
Requirements of a valid notification
Publication in prescribed manner
Sufficient notice
Disclosure of public purpose
Clarity and preciseness of the language
Executing authority need not be mentioned
Nature of land need not be specified
A public notice must follow the notification
Land acquired for a public purpose may be used for another public purpose
Powers of officers after publication of notification and public notice
Who can exercise the powers?
Restriction on power to enter upon
PAYMENT FOR DAMAGE [Section 5]
CHAPTER 7
STAGE-III : OBJECTIONS TO INTENDED ACQUISITION
AND HEARING THEREOF
[SECTION 5A]
HEARING OF OBJECTIONS [Section 5 A]
Intended acquisition may be objected by the owner or any interested person
Objection may be raised only after publication of notification
Written objections to be filed before Collector within limitation prescribed
Collector shall hear the objector and make necessary inquiry
After hearing and inquiry, Collector to make a report to the Government
The report of the Collector/LAO is purely recommendatory in nature
Provision of Section 5A is mandatory
CHAPTER 8
STAGE-IV : DECLARATION OF INTENDED ACQUISITION
[SECTIONS 6, 7, 8, 9 and 10]
DECLARATION THAT LAND IS REQUIRED FOR A PUBLIC PURPOSE [Section 6]
Conditions precedent for making declaration
(i) Consideration of report of Collector
(ii) Satisfaction of Government as to need of land
(iii) Compensation is to be paid by a Company or out of public revenue
Declaration to be made within prescribed period after publication of notification
Period occupied by court's stay shall be excluded from computation of limitation
Procedure, when declaration could not be made within limitation due to court's stay
Interest shall be payable at the rate of 6% per annum on market value
Declaration must be published
Contents of declaration
Collector shall cause a public notice of the substance of such declaration
The Government may proceed to acquire the land only after declaration is duly made
AFTER DECLARATION COLLECTOR TO TAKE ORDER FOR
ACQUISITION [Section 7]
LAND TO BE MARKED OUT, MEASURED AND PLANNED
[Section 8]
NOTICE TO PERSONS INTERESTED [Section 9]
Collector to cause public notice
Contents of the public notice
Similar notice to be served on the occupier and all interested persons
Interested person to appear at the appointed time and place to state his claim:
POWER TO REQUIRE AND ENFORCE THE MAKING OF
STATEMENTS AS TO NAMES AND INTERESTS [Section 10]
CHAPTER 9
STAGE-V : ENQUIRY AND AWARD BY COLLECTOR
[SECTIONS 11, 11A, 12, 12A, 13, 13A, 14, 15 and 15A]
INQUIRY AND AWARD BY COLLECTOR [Section 11]
Collector to hear the objectors, make inquiry and pass award
Contents of the award
Prior approval of Government is necessary for making award, except in some specified cases
Award in terms of an agreement between the interested persons
Award on agreement cannot be challenged by seeking reference to the court
Award on agreement not to affect determination of compensation for other lands
in the same locality
PERIOD WITHIN WHICH AN AWARD SHALL BE MADE [Section 11 A]
Limitation prescribed for passing the award
Period occupied by court's stay shall be excluded from computation of limitation
AWARD OF COLLECTOR WHEN TO BE FINAL [Section 12]
AMENDMENT OF AWARD [Section 12A]
ADJOURNMENT OF ENQUIRY [Section 13]
CORRECTION OF CLERICAL ERRORS, ETC. [Section 13A]
Collector may correct any clerical or arithmetical mistakes in the award
Excess amount paid to be refunded otherwise to be recovered as arrears of land revenue:
POWER TO SUMMON AND ENFORCE ATTENDANCE OF
WITNESSES AND PRODUCTION OF DOCUMENTS [Section 14]
MATTERS TO BE CONSIDERED AND NEGLECTED [Section 15]
POWER TO CALL FOR RECORDS, ETC. [Section 15A]
CHAPTER 10
STAGE-VI : TAKING POSSESSION
[SECTIONS 16 and 17]
POWERS TO TAKE POSSESSION [Section 16J
SPECIAL POWERS IN CASES OF URGENCY [Section 17]
Power of Government to take possession in cases of urgency
Immediate possession of land for Railway administration
Immediate possession of land for maintaining any structure or system
Collector not to take possession of any building without prior notice to the occupier Collector must offer/tender the compensation, when acting under urgency provisions:
(a) Compensation for land
(b) Compensation for crops and trees and for damage due
to sudden dispossession
Government or the Commissioner may direct that the Section 5A shall not apply
CHAPTER 11
REFERENCE TO THE COURT
[SECTIONS 18, 19, 20, 21 and 22]
REFERENCE TO COURT [Section 18]
Collector's award may be challenged by seeking reference Conditions for seeking reference
(i) Applicant must be a person interested in the land
(ii) Applicant must have refused the award
(iii) If the award is accepted but under protest, the right to seek reference is preserved
Procedure for seeking reference
Aggrieved person to make application to Collector seeking reference
Time-limit within which the application must be made
Delay in making application cannot be condoned
Collector is bound to make reference to the court, if
application is made within time
Order of Collector is challengeable before High Court
COLLECTOR'S STATEMENT TO THE COURT [Section 19]
SERVICE OF NOTICE [Section 20]
RESTRICTION ON SCOPE OF PROCEEDINGS [Section 21]
PROCEEDINGS TO BE IN OPEN COURT [Section 22]
CHAPTER 12
MATTERS TO BE CONSIDERED AND NEGLECTED IN
DETERMINING COMPENSATION
[SECTIONS 23 and 24]
MATTERS TO BE CONSIDERED IN DETERMINING
COMPENSATION [Section 23]
Market-value of the land
Factors to be considered by court for determination of market value
Methods for determination of market value
No mathematical formula for fixation of market value, some guess work necessary
Damage caused in respect of any standing crops or trees
Damage caused due to severing land from other land
Damage caused due to acquisition injuriously affecting
movable or immovable property or earning
Expenses incidental to change of residence or place of business
Damage resulting from reduction of the profits of the land Interest
Period to be excluded
Solatium
MATTERS TO BE NEGLECTED IN DETERMINING
COMPENSATION [Section 24]
Degree of urgency
Disinclination of the person interested to part with the land
Damage for which a private person would not have been liable to a suit
Damage likely to be caused to land due to its user after publication of declaration
Increase to the value of the land owing to its user after acquisition
Increase to the value of the other land of person interested due to user of land acquired:
Any outlay for improvements or on disposal of the land acquire
Increase to the value of the land due to its illegal use
CHAPTER 13
AWARD BY THE COURT
[SECTIONS 25, 26, 27 and 28]
AMOUNT OF COMPENSATION AWARDED BY COURT NOT TO
BE LOWER THAN THE AMOUNT AWARDED BY THE COLLECTOR [Section 25]
FORM OF AWARDS [Section 26]
COSTS [Section 27]
COLLECTOR MAY BE DIRECTED TO PAY INTEREST ON
EXCESS COMPENSATION [Section 28]
CHAPTER 14
RE-DETERMINATION OF AMOUNT OF COMPENSATION
[SECTION 28A]
RE-DETERMINATION OF THE AMOUNT OF COMPENSATION
ON THE BASIS OF THE AWARD OF THE COURT [Section 28A]
CHAPTER 15
APPORTIONMENT AND PAYMENT OF COMPENSATION
[SECTIONS 29, 30, 31, 32, 33 and 34]
PARTICULARS OF APPORTIONMENT TO BE SPECIFIED [Section 29]
DISPUTES AS TO APPORTIONMENT [Section 30]
PAYMENT OF COMPENSATION OR DEPOSIT OF SAME IN COURT [Section 31]:
Circumstances when Collector shall deposit the amount of compensation in court
Collector may make other arrangements instead of awarding money compensation INVESTMENT OF MONEY DEPOSITED IN RESPECT OF LANDS
BELONGING TO PERSONS INCOMPETENT TO ALIENATE [Section 32]
INVESTMENT OF MONEY DEPOSITED IN OTHER CASES [Section 33]
PAYMENT OF INTEREST [Section 34]
CHAPTER 16
TEMPORARY OCCUPATION OF LAND
[SECTIONS 35, 36 and 37]
TEMPORARY OCCUPATION OF WASTE OR ARABLE LAND.
PROCEDURE WHEN DIFFERENCE AS TO COMPENSATION EXISTS [Section 35]
POWER TO ENTER AND TAKE POSSESSION AND COMPENSATION ON RESTORATION [Section 36]
DIFFERENCE AS TO CONDITION OF LAND [Section 37]
CHAPTER 17
ACQUISITION OF LAND FOR COMPANIES
[SECTIONS 38, 38A, 39, 40, 41, 42, 43, 44, 44A and 44B]
INDUSTRIAL CONCERN TO BE DEEMED COMPANY FOR
CERTAIN PURPOSES [Section 38A]
PREVIOUS CONSENT OF APPROPRIATE GOVERNMENT AND
EXECUTION OF AGREEMENT NECESSARY [Section 39]
PREVIOUS ENQUIRY [Section 40]
AGREEMENT WITH APPROPRIATE GOVERNMENT [Section 41]
PUBLICATION OF AGREEMENT [Section 42]
SECTIONS 39 TO 42 NOT TO APPLY WHERE GOVERNMENT
BOUND BY AGREEMENT [Section 43]
HOW AGREEMENT WITH RAILWAY COMPANY MAY BE
PROVED [Section 44]
RESTRICTION ON TRANSFER ETC. [Section 44A]
LAND NOT TO BE ACQUIRED UNDER THIS PART EXCEPT
FOR CERTAIN PURPOSE FOR PRIVATE COMPANIES OTHER THAN GOVERNMENT COMPANIES [Section 44B]
CHAPTER 18
MISCELLANEOUS PROVISIONS
[SECTIONS 45, 46, 47, 48, 49, 50, 51, 51 A, 52, 52A, 53, 54 and 55]
SERVICE OF NOTICES [Section 45]
PENALTY FOR OBSTRUCTING ACQUISITION OF LAND
[Section 46]
MAGISTRATE TO ENFORCE SURRENDER [Section 47]
COMPLETION OF ACQUISITION NOT COMPULSORY, BUT COMPENSATION TO BE AWARDED WHEN NOT COMPLETED [Section 48]
ACQUISITION OF PART OF HOUSE OR BUILDING [Section 49]
ACQUISITION OF LAND AT COST OF A LOCAL AUTHORITY OR COMPANY [Section 50]
EXEMPTION FROM STAMP DUTY AND FEES [Section 51]
ACCEPTANCE OF CERTIFIED COPY AS EVIDENCE [Section 51A]
NOTICE IN CASE OF SUITS FOR ANYTHING DONE IN PURSUANCE OF ACT [Section 52]
DELEGATION [Section 52A]
Delegation of powers by State Government
Delegation of powers by Collector
CODE OF CIVIL PROCEDURE TO APPLY TO PROCEEDINGS BEFORE COURT [Section 53]
APPEALS IN PROCEEDINGS BEFORE COURT [Section 54]
POWER TO MAKE RULES [Section 55]
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION AND RESETTLEMENT
ACT, 2013
CHAPTER 1
AN INTRODUCTION
OBJECT
NECESSITY OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013
Deficiencies of Land Acquisition Act, 1894
FEATURES OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013
REPEAL OF THE LAND ACQUISITION ACT, 1894
CHAPTER 2
SHORT TITLE, EXTENT AND COMMENCEMENT
[SECTION 1 & 2]
SHORT TITLE, EXTENT AND COMMENCEMENT [Section 1]
APPLICATION OF THE ACT [Section 2]
CHAPTER 3
DEFINITIONS
[SECTION 3]
(1) ADMINISTRATOR [Section 3 (a)]
(2) AFFECTED AREA [Section 3 (b)]
(3) AFFECTED FAMILY [Section 3 (c)]
(4) AGRICULTURAL LAND [Section 3 (d)]
(5) APPROPRIATE GOVERNMENT [Section 3 (e)]
When Central Government is appropriate Government
When State Government is appropriate Government
(6) AUTHORITY [Section 3 (f)]
(7) COLLECTOR [Section 3 (g)]
(8) COMMISSIONER [Section 3 (h)]
(9) COST OF ACQUISITION [Section 3 (i)]
(10) COMPANY [Section 3 (j)]
(11) DISPLACED FAMILY [Section 3 (k)]
(12) ENTITLED TO ACT [Section 3 (1)]
Trustees
Guardians of the minors and the committees or managers of lunatics
(13) FAMILY [Section 3 (m)]
Who are included within the term 'family'?
Who are excluded from the term 'family'?
(14) HOLDING OF LAND [Section 3 (n)]
(15) INFRASTRUCTURE PROJECT [Section 3 (o)]
(16) LAND [Section 3 (p)]
Benefits to arise out of land
Things attached to earth or permanently fastened to anything attached to earth
(17) LANDLESS [Section 3 (q)]
(18) LAND OWNER [Section 3 (r)J
(19) LOCAL AUTHORITY [Section 3 (s)]
Town Planning Authority
Panchayat
Municipality
(20) MARGINAL FARMER [Section 3 (t)]
(21) MARKET VALUE [Section 3 (u)]
What is meant by market value?
Who determines the market value?
How market value is determined under this Act?
(22) NOTIFICATION [Section 3 (v)]
(23) PATTA [Section 3 (w)]
Meaning of lease
(24) PERSON INTERESTED [Section 3 (x)J
(25) PRESCRIBED [Section 3 (y)]
(26) PROJECT [Section 3 (z)]
(27) PUBLIC PURPOSE [Section 3 (za)]
(28) REQUIRING BODY [Section 3 (zb)]
(29) RESETTLEMENT AREA [Section 3 (zc)l
(30) SCHEDULED AREAS [Section 3 (zd)]
(31) SMALL FARMER [Section 3 (ze)]
CHAPTER 4
DETERMINATION OF SOCIAL IMPACT
AND PUBLIC PURPOSE
[SECTION 4 to 9]
INTRODUCTION
What is social impact?
What are the kinds of social impacts?
Projects resulting into social impacts
Meaning of social impact assessment
Process of Social Impact Assessment
Origin of social impact assessment
Purpose of social impact assessment
STATUTORY PROVISIONS RELATING TO SOCIAL IMPACT ASSESSMENT
PREPARATION OF SOCIAL IMPACT ASSESSMENT STUDY [Section 4]
Pre-requisites
Consultation
Social impact assessment study
Notification for commencement of consultation and the Social Impact Assessment study Social Impact Assessment study
Period within which the study must be completed
Matters to be considered by Government in Social Impact Assessment study
Matters to be essentially covered in Social Impact Assessment study
Report of Social Impact Assessment study and Social
Impact Management Plan
PUBLIC HEARING FOR SOCIAL IMPACT ASSESSMENT [Section 5]
Requirements of the section.
When social impact assessment is required to be made?
What is meant by public hearing?
Object of public hearing
Venue for holding public hearing
Publicity about holding of public hearing
Recording of views of affected families
PUBLICATION OF SOCIAL IMPACT ASSESSMENT STUDY [Section 6]
APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN
EXPERT GROUP [Section 7]
Evaluation of Social Impact Assessment report
Constitution of Expert Group
Recommendations of the Expert Group
Negative recommendation
Positive recommendation
Publication of the recommendations of Expert Group
EXAMINATION OF PROPOSALS FOR LAND ACQUISITION AND SOCIAL IMPACT
ASSESSMENT REPORT BY APPROPRIATE GOVERNMENT [Section 8]
Bona fides of public purpose for which acquisition of land is proposed
Potential benefits vis-a-vis the social costs and adverse social impact
Acquisition of minimum required land
Previously acquired land in the area remaining unutilized
Making use of any previously acquired unutilized land in the area
Recommendation of appropriate Government
Publication of decision of appropriate Government
Prior consent of affected families
EXEMPTION FROM SOCIAL IMPACT ASSESSMENT [Section 9]
CHAPTER 5
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
[SECTION 10]
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY [Section 10]
Acquisition of irrigated multi-cropped lands
Non-application of the provisions in certain cases
CHAPTER 6
PRELIMINARY NOTIFICATION
[SECTION 11]
PUBLICATION OF PRELIMINARY NOTIFICATION [Section 11]
What is preliminary notification?
When preliminary notification shall be issued?
Consequence of non-publication of preliminary notification within prescribed period Contents of preliminary notification
(1) Details of the land to be acquired in rural and urban areas
(2) Statement of nature of public purpose
(3) Disclosure of reasons necessitating the displacement of affected persons
(4) Summary of the Social Impact Assessment Report
(5) Particulars of the Administrator appointed for rehabilitation and resettlement
Manner of publication of preliminary notification
Information about the contents of notification
Prohibition on transactions after publication of notification
Loss caused due to willful violation
Collector may grant exemption
Updating of land records
CHAPTER 7
PRELIMINARY SURVEY
[SECTION 12, 13 and 14]
PRELIMINARY SURVEY OF LAND AND POWER OF OFFICERS
TO CARRY OUT SURVEY [Section 12]
Powers of officers
Restriction on powers of officers
No act in respect to land can be conducted in the absence of owner
Survey and other acts in respect to land may be conducted in the absence of owner in certain
circumstances Prohibition on entry into any building, court or garden without prior notice
PAYMENT FOR DAMAGE [Section 13]
LAPSE OF SOCIAL IMPACT ASSESSMENT REPORT [Section 14]
When the social impact assessment report shall lapse?
Extension of time
CHAPTER 8
OBJECTIONS TO INTENDED ACQUISITION AND HEARING THEREOF
[SECTION 15]
HEARING OF OBJECTIONS [Section 15]
Only the persons interested may raise objection
Objection may be raised only after publication of notification
Objections must be filed within prescribed limitation period
Objections must be made to Collector
Objections must be in writing
The nature of objections
Collector shall hear the objector and make necessary inquiry After hearing and inquiry,
Collector to make a report to appropriate Government
The decision of appropriate Government shall be final
CHAPTER 9
REHABILITATION AND RESETTLEMENT SCHEME
[SECTION 16, 17 & 18]
PREPARATION OF REHABILITATION AND RESETTLEMENT
SCHEME BY THE ADMINISTRATOR [Section 16]
Survey and census of affected families by the Administrator
Preparation of draft scheme for rehabilitation and resettlement
Publication of draft scheme for rehabilitation and resettlement
Public hearing
Submission of draft scheme for rehabilitation and resettlement REVIEW OF THE REHABILITATION AND RESETTLEMENT
SCHEME [Section 17]
Review of the Scheme by Collector
Rehabilitation and Resettlement Committee
Submission of draft scheme by Collector for approval
APPROVED REHABILITATION AND RESETTLEMENT SCHEME
TO BE MADE PUBLIC [Section 18]
Approved scheme to be made available in local language
Publication of approved scheme
CHAPTER 10
PUBLICATION OF DECLARATION
[SECTION 19]
PUBLICATION OF DECLARATION AND SUMMARY OF REHABILITATION AND RESETTLEMENT [Section 19]
Conditions precedent for issuing Declaration
Contents of Declaration
Resettlement area must be declared
Rehabilitation and Resettlement scheme must be published along with Declaration
Requiring body must deposit the cost of acquisition before publication of Declaration
Manner of issuance of Declaration
Different Declarations under same preliminary notifications may be issued
Manner of publication of Declaration
Declaration must be made within twelve months from the date of preliminary notification
Period occupied by court's stay or injunction shall be excluded from
computation of limitation
Declaration is conclusive evidence of need of land
CHAPTER 11
PROCESS OF ACQUISITION
[SECTION 20, 21 & 22]
LAND TO BE MARKED OUT, MEASURED AND PLANNED
INCLUDING MARKING OF SPECIFIC AREAS [Section 20]
NOTICE TO PERSONS INTERESTED [Section 21]
Collector to cause public notice
Contents of the public notice
Similar notice to be served on occupier of the land
POWER TO REQUIRE AND ENFORCE THE MAKING OF
STATEMENTS AS TO NAMES AND INTERESTS [Section 21]
CHAPTER 12
ENQUIRY AND AWARD
[SECTION 23, 24, 25, 26, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36 & 37]
ENQUIRY AND LAND ACQUISITION AWARD BY COLLECTOR [Section 23]
Collector to make enquiry into the objections
Contents of the award
Meaning of apportionment
LANfD ACQUISITION PROCESS UNDER ACT OF 1894 SHALL BE
DEEMED TO HAVE LAPSED IN CERTAIN CASES [Section 24]
Land Acquisition Act, 1894 to apply in certain cases even after its repeal
Conditions
If no award is made, all provisions of 2013 Act relating to determination of
compensation shall apply
Conditions
Lapsing of proceeding under 1894 Act
Conditions
Judicial pronouncements on lapsing clause
Entitlement of compensation under new Act of 2013
PERIOD WITHIN WHICH AN AWARD SHALL BE MADE [Section 25]
Limitation period for passing the award
Extension of limitation period
DETERMINATION OF MARKET VALUE OF LAND BY
COLLECTOR [Section 26]
Meaning of market value
Determination of market value
Criteria for determination of market value
How average sale price is calculated?
What is consented amount of compensation?
Market value at the date of publication of notification shall be considered
Collector to update the market value of the land
Multiplication factor
Government to ensure appropriate market value of the land of educational institutions
Procedure when the market value cannot be determined
Requiring Body may offer its shares towards compensation
DETERMINATION OF AMOUNT OF COMPENSATION [Section 27]
PARAMETERS TO BE CONSIDERED BY COLLECTOR IN
DETERMINATION OF AWARD [Section 28]
DETERMINATION OF VALUE OF THINGS ATTACHED TO LAND OR
BUILDING [Section 29]
Collector may take the services of specialists for determination of market value
AWARD OF SOLATIUM [Section 30]
Meaning of Solatium
Payment of solatium
Payment of additional amount
Collector to issue individual awards
REHABILITATION AND RESETTLEMENT AWARD FOR AFFECTED
FAMILIES BY COLLECTOR [Section 31]
Collector to pass the Rehabilitation and Resettlement Award for each affected family
Who is an affected family?
What shall be included in Rehabilitation and Resettlement Award?
PROVISION OF INFRASTRUCTURAL AMENITIES IN
RESETTLEMENT AREA [Section 32]
Meaning of resettlement area
Collector to ensure infrastructural facilities and basic minimum amenities
CORRECTIONS TO AWARDS BY COLLECTOR [Section 33]
Collector may correct any clerical or arithmetical mistakes in the award
When correction can be made?
Notice to all persons interested
Any excess amount paid shall be refunded, otherwise shall be recovered
ADJOURNMENT OF ENQUIRY [Section 34]
POWER TO SUMMON AND ENFORCE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS [Section 35]
POWER TO CALL FOR RECORDS ETC. [Section 36]
AWARDS OF COLLECTOR WHEN TO BE FINAL [Section 37]
Finality of the award passed by Collector
Notice of the award
Display of summary of the entire proceedings on the website
TAKING POSSESSION OF THE ACQUIRED LAND
[SECTION 38, 39, 40, 41 & 42]
POWER TO TAKE POSSESSION OF THE LAND TO BE ACQUIRED [Section 38]
Collector to take possession of the land under acquisition after payments of entitlements Period within which entitlements must be paid
Rehabilitation and resettlement process to be completed before displacement of families
ADDITIONAL COMPENSATION IN CASE OF MULTIPLE DISPLACEMENTS [Section 39]
Who is a displaced family?
What are multiple displacements?
Multiple displacements must be avoided
Additional compensation to be paid in case of multiple displacements
SPECIAL POWERS IN CASE OF URGENCY TO ACQUIRE LAND IN CERTAIN CASES [Section 40]
Special power of appropriate Government to take possession in cases of urgency
Restriction on special power conferred on the appropriate Government
Restriction as to the area of acquisition
Restriction as to the purpose of acquisition
Restriction as to acquisition of a building
Collector to tender payment of 80% of the compensation to the person interested
Collector to pay additional compensation «»to the person interested
Declaration as to non-application of Chapter II to VI SPECIAL PROVISIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES [Section 41]
What is a scheduled area?
Special provisions in respect to scheduled area
(a) Acquisition of land in the Scheduled Areas only as a last resort
(b) Consent of the concerned Gram Sabha is mandatory
(c) Preparation of Development Plan when acquisition is on behalf of Requiring Body
(d) First installment of compensation to affected families of Scheduled Castes or the Scheduled Tribes
(e) Resettlement of affected families of Scheduled Castes or the Scheduled Tribes
(f) Land in resettlement areas for community and social gatherings of SC or ST
(g) Alienation of lands belonging to members of Scheduled Caste/ Scheduled Tribes to be null and void
(h) Fishing rights of Scheduled Caste, Scheduled Tribes to be preserved
(i) Additional rehabilitation benefits to affected SC, ST families, if relocated outside the district
RESERVATION AND OTHER BENEFITS [Section 42]
Benefits available to Scheduled Tribes and Scheduled Castes to continue in
resettlement areas
Benefits available to Scheduled Tribes and Scheduled Castes to continue in
resettlement areas
CHAPTER 14
ADMINISTRATOR, COMMISSIONER AND
THE MONITORING COMMITTEES
[SECTION 43, 44, 45, 46, 47, 48, 49, 50]
APPOINTMENT OF ADMINISTRATOR [Section 43]
Who is an Administrator?
Powers of Administrator
COMMISSIONER FOR REHABILITATION AND RESETTLEMENT
[Section 44]
Who is Commissioner for Rehabilitation and Resettlement?
Powers, functions and duties of the Commissioner for Rehabilitation and Resettlement
REHABILITATION AND RESETTLEMENT COMMITTEE AT PROJECT LEVEL
[Section 45]
Constitution of Rehabilitation and Resettlement Committee
Composition of Rehabilitation and Resettlement Committee
Functions of Rehabilitation and Resettlement Committee
Procedures of Rehabilitation and Resettlement Committee
PROVISIONS RELATING TO REHABILITATION AND RESETTLEMENT
TO APPLY IN CASE OF CERTAIN
PERSONS OTHER THAN SPECIFIED PERSONS [Section 46]
Purchase of land through private negotiations
Who is specified person?
Collector to pass individual awards covering Rehabilitation and Resettlement entitlements Consequences of purchase of land without complying
Rehabilitation and Resettlement Scheme
Appropriate Government shall fix the limits or exiling on sale or purchase of land QUANTIFICATION AND DEPOSIT OF REHABILITATION AND
RESETTLEMENT AMOUNT [Section 47]
ESTABLISHMENT OF NATIONAL MONITORING COMMITTEE
FOR REHABILITATION AND RESETTLEMENT [Section 48]
National Monitoring Committee
REPORTING REQUIREMENTS [Section 49]
ESTABLISHMENT OF STATE MONITORING COMMITTEE FOR REHABILITATION
AND RESETTLEMENT [Section 50]
State Monitoring Committee
CHAPTER 15
LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY
[SECTIONS 51, 52, 53, 54, 55, 56, 57, 58,
59, 60, 61, 62, 63, 64, 65, 66, 67 & 68]
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY [Section 51]
Who establishes the Land Acquisition, Rehabilitation and Resettlement Authority?
COMPOSITION OF AUTHORITY [Section 52]
Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority QUALIFICATIONS FOR APPOINTMENT AS PRESIDING OFFICER [Section 53]
Who may be appointed as Presiding Officer of Land
Acquisition, Rehabilitation and Resettlement Authority?
TERMS OF OFFICE OF PRESIDING OFFICER [Section 54]
STAFF OF THE AUTHORITY [Section 55]
Registrar and other officers of the Land Acquisition,
Rehabilitation and Resettlement Authority
SALARY AND ALLOWANCES AND OTHER TERMS AND CONDITIONS
OF SERVICE OF PRESIDING OFFICERS [Section 56]
Terms of appointment of Presiding Officer of Land
Acquisition, Rehabilitation and Resettlement Authority
FILLING UP OF VACANCIES [Section 57]
Appointment of another person to fill the vacancy
RESIGNATION AND REMOVAL [Section 58]
A person appointed as Presiding Officer may resign his office
Relinquishment of office by Presiding Officer Removal of Presiding Officer
ORDERS CONSTITUTING. AUTHORITY TO BE FINAL AND NOT TO
INVALIDATE ITS PROCEEDINGS [Section 59]
Bar on challenge to appointment of Presiding Officer of an Authority
POWERS OF AUTHORITY AND PROCEDURE BEFORE IT [Section 60]
Authority to have powers of a civil court in respect to certain matters
Authority to have original jurisdiction in respect to references made to it
Authority not bound to follow the procedure laid down in CPC
Authority to make award within stipulated time PROCEEDINGS BEFORE AUTHORITY TO BE JUDICIAL PROCEEDINGS [Section 61]
Authority shall be deemed to be civil court The proceedings before the Authority shall be deemed to be judicial proceedings MEMBERS AND OFFICERS OF AUTHORITY TO BE PUBLIC SERVANTS [Section 62]
JURISDICTION OF CIVIL COURTS BARRED [Section 63] REFERENCE TO AUTHORITY [Section 64]
Collector's award may be challenged by seeking reference Who can seek reference?
Application for seeking reference
(a) Application shall be made to Collector
(b) Application must be in writing
(c) Grounds on which reference may be sought
(d) Grounds must be clearly set out in the application
(e) Time-limit within which the application must be made
(f) Application may be entertained after expiration of limitation period
(g) Collector to make reference within thirty days COLLECTOR'S STATEMENT TO AUTHORITY [Section 65]
Collector to make statement to the Authority while making reference
Collector is obligated to furnish above information while making reference SERVICE OF NOTICE BY AUTHORITY [Section 66]
Authority to issue notice Contents of notice RESTRICTION ON SCOPE OF PROCEEDINGS [Section 67] PROCEEDINGS TO BE IN PUBLIC [Section 68]
CHAPTER 16
DETERMINATION OF AWARD BY THE AUTHORITY
[SECTION 69, 70, 71, 72, 73, & 74]
DETERMINATION OF AWARD BY AUTHORITY [Section 69] Authority to determine the award
(1) Whether the Collector has properly determined the market value?
(2) Whether the Collector has properly calculated the total amount of compensation?
(3) Whether the Collector has determined the value of things attached to land?
(4) Whether the Collector has awarded solatium?
(5) Whether the Collector has awarded additional amount? Authority to award amounts in addition to market value of the land
Authority to award solatium
FORM OF AWARD [Section 70]
Form in which award shall be made
Award is deemed to be a decree
COSTS [Section 71]
Award to state the costs incurred in proceedings
COLLECTOR MAY BE DIRECTED TO PAY INTEREST ON EXCESS
COMPENSATION [Section 72]
Collector to pay excess amount with interest
Authority may impose interest if Collector does not pay excess amount
RE-DETERMINATION OF AMOUNT OF COMPENSATION ON
THE BASIS OF THE AWARD OF THE AUTHORITY [Section 73]
When re-determination of compensation may be sought
Who can seek re-determination of compensation?
Application for re-determination of compensation
Conditions precedent
To whom application shall be made?
Form of application
Period within which the application should be made
Manner of dealing with application for re-determination of compensation
Seeking reference to the Authority
APPEAL TO HIGH COURT [Section 74]
Who can file an appeal?
To whom appeal shall lie?
Limitation for filing an appeal
High Court to hear the appeal expeditiously
CHAPTER 17
APPORTIONMENT AND PAYMENT OF COMPENSATION
[SECTION 75, 76, 77, 78, 79, & 80]
What is meant by apportionment?
PARTICULARS OF APPORTIONMENT TO BE SPECIFIED [Section 75]
DISPUTE AS TO APPORTIONMENT [Section 76]
PAYMENT OF COMPENSATION OR DEPOSIT OF SAME IN AUTHORITY [Section 77]
Collector to pay the amounts to eligible persons by depositing in their respective bank accounts
Circumstances when Collector shall deposit the amount of compensation in Authority Person interested may receive the amount of compensation under protest
INVESTMENT OF MONEY DEPOSITED IN RESPECT OF LANDS BELONGING TO PERSON INCOMPETENT TO ALIENATE [Section 78]
INVESTMENT OF MONEY DEPOSITED IN OTHER CASES [Section 79]
PAYMENT OF INTEREST [Section 80]
CHAPTER 18
TEMPORARY OCCUPATION OF LAND
[SECTION 81, 82 & 83]
TEMPORARY OCCUPATION OF WASTE OR ARABLE LAND,
PROCEDURE WHEN DIFFERENCE AS TO COMPENSATION EXISTS [Section 81]
What is meant by temporary occupation of land?
What is arable land?
Appropriate Government may occupy arable and waste lands temporarily for public purpose
Collector to issue notice to persons interested
Collector to pay compensation for temporary occupation and use of the land
Disputes as to amount of compensation to be^ referred to Authority
POWER TO ENTER AND TAKE POSSESSION AND COMPENSATION ON RESTORATION [Section 82]
Collector to take possession of land
Land to be restored to persons interested on expiration of period
Appropriate Government may acquire the land if turns permanently unfit for original use DIFFERENCE AS TO CONDITION OF LAND [Section 83]
CHAPTER 19
OFFENCES AND PENALTIES
[SECTION 84, 85, 86, 87, 88, 89 & 90]
PUNISHMENT FOR FALSE INFORMATION, MALA FIDE ACTION, ETC. [Section 84]
Punishment for furnishing false information and producing false document
Recovery of fraudulently availed rehabilitation and resettlement benefit
Disciplinary proceedings against a Government servant guilty of a mala fide action
PENALTY FOR CONTRAVENTION OF PROVISIONS OF ACT [Section 85]
OFFENCES BY COMPANIES [Section 86]
Persons liable for offence committed by a company
When person is relieved of liability?
Liability of the Director, Manager, and Secretary etc. for offence committed by the company
OFFENCES BY GOVERNMENT DEPARTMENTS [Section 87]
Liability of Head of Department for offence committed by Government Department
When liability cannot be fixed on the Head of Department?
COGNIZANCE OF OFFENCES BY COURT [Section 88]
OFFENCES TO BE NON-COGNIZABLE [Section 89]
OFFENCES TO BE COGNIZABLE ONLY ON COMPLAINT FILED BY CERTAIN PERSONS [Section 90]
Competent courts also cannot take cognizance of offences in the absence of any written complaint
Who can make a complaint?
When a complaint can be acted upon?
CHAPTER 20
MISCELLANEOUS PROVISIONS
[SECTIONS 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 & 114]
MAGISTRATE TO ENFORCE SURRENDER [Section 91]
SERVICE OF NOTICE [Section 92]
COMPLETION OF ACQUISITION NOT COMPULSORY, BUT COMPENSATION TO BE AWARDED WHEN NOT COMPLETED [Section 93]
ACQUISITION OF PART OF HOUSE OR BUILDING [Section 94)
Appropriate Government shall acquire whole house or manufactory or building, if owner desires
Question whether land forms part of house, manufactory or building to be determined
by the Authority
Claim on account of severance of land
Fresh proceedings not necessary
ACQUISITION OF LAND AT COST OF A LOCAL AUTHORITY OR
REQUIRING BODY [Section 95]
EXEMPTION FROM INCOME-TAX, STAMP DUTY AND FEES [Section 96]
ACCEPTANCE OF CERTIFIED COPY AS EVIDENCE [Section 97]
NOTICE IN CASE OF SUITS FOR ANYTHING DONE IN PURSUANCE OF ACT [Section 98]
NO CHANGE OF PURPOSE TO BE ALLOWED [Section 99]
Purpose for which land is acquired cannot be changed
NO CHANGE OF OWNERSHIP WITHOUT PERMISSION TO BE ALLOWED [Section 100]
RETURN OF UNUTILIZED LAND [Section 101]
DIFFERENCE IN PRICE OF LAND WHEN TRANSFERRED FOR HIGHER
CONSIDERATION TO BE SHARED [Section 102]
PROVISIONS TO BE IN ADDITION TO EXISTING LAWS [Section 103]
OPTION OF APPROPRIATE GOVERNMENT TO LEASE [Section 104]
PROVISIONS OF THIS ACT NOT TO APPLY IN CERTAIN CASES OR TO APPLY
WITH CERTAIN MODIFICATIONS [Section 105]
Provisions of the Act not to apply to certain enactments
Central Government may direct application of provisions of this Act to the land
acquisition cases under the specified enactments
Prior approval of the Parliament is essential
POWER TO AMEND SCHEDULE [Section 106]
Central Government may amend or alter any of the Schedules
Prior approval of the Parliament is essential
POWER OF STATE LEGISLATURES TO ENACT ANY LAW MORE
BENEFICIAL TO AFFECTED FAMILIES [Section 107]
OPTION TO AFFECTED FAMILIES TO AVAIL BETTER COMPENSATION AND REHABILITATION AND RESETTLEMENT [Section 108]
Affected person may opt to avail higher compensation under a State law or policy
Affected person may opt for more beneficial rehabilitation and resettlement under
a State law or policy
POWER OF APPROPRIATE GOVERNMENT TO MAKE RULES [Section 109]
Appropriate Government may make rules for carrying out the provisions of this Act RULES MADE BY CENTRAL GOVERNMENT TO BE LAID BEFORE
PARLIAMENT [Section 1101
RULES MADE BY STATE GOVERNMENT TO BE LAID BEFORE STATE
LEGISLATURE [Section 111]
PREVIOUS PUBLICATION OF RULES MADE BY CENTRAL AND STATE GOVERNMENT [Section 112]
POWER TO REMOVE DIFFICULTIES [Section 113]
REPEAL AND SAVING [Section 114]
PART II
MAHARASHTRA LAND REVENUE CODE, 1966
CHAPTER 1
AN INTRODUCTION TO MAHARASHTRA LAND REVENUE CODE, 1966 [SHORT TITLE, EXTENT, COMMENCEMENT AND PURPOSE]
[SECTION 1]
OBJECT OF LAND REVENUE
EVOLUTION OF LAND REVENUE SYSTEM IN INDIA
Land revenue in ancient India
Survey and measurement of lands
IMPOSITION AND COLLECTION OF LAND REVENUE IN MAHARASHTRA
Maratha and Mughal regimes
British period
POSITION PRIOR TO ENACTMENT OF THE MAHARASHTRA LAND
REVENUE CODE, 1966
THE PRESENT MAHARASHTRA LAND REVENUE CODE, 1966
Amendments of the Maharashtra Land Revenue Code, 1966
Constitution of Bombay Division
Validation of delegation of powers of Collector to Additional Tahsildars under Section 13 of the Code and of their proceedings
Initiation of proceedings for restoration of lands to tribal transferor
Abolition of Maharashtra Revenue Tribunal
Scheme of the Code
Nature and object of the Code
SHORT TITLE, EXTENT AND COMMENCEMENT: [Section 1]:
Title of the Code
Commencement
Extent
CHAPTER 2
DEFINITIONS
[SECTION 2]
KINDS OF DEFINITIONS USED IN THE CODE
OBJECT OF DEFINITIONS
OPENING WORDS OF DEFINITION CLAUSE
AGRICULTURAL YEAR [Section 2 (1)]
ALIENATED [Section 2 (2)]
BOUNDARY MARK [Section 2 (3)]
BUILDING [Section 2 (4)]
BUILDING SITE [Section 2 (5)]
CERTIFIED COPY OR CERTIFIED EXTRACT [Section 2 (6)]
CHAVADI [Section 2 (7)]
ESTATE [Section 2 (8)]
FARM BUILDING [Section 2 (9)]
User of land on which the structure is erected
Purpose for which such building is used
GAOTHAN [Section 2 (10)]
GOVERNMENT LESSEE [Section 2 (11)]
"TO HOLD LAND" OR "TO BE A LANDHOLDER OR HOLDER OF LAND" [Section 2 (12)]
HOLDING [Section 2 (13)]
IMPROVEMENT [Section 2 (14)]
Conditions to be fulfilled
Works which amount to improvement
Works which are not improvement
JOINT HOLDERS OR JOINT OCCUPANTS [Section 2 (15)]
LAND [Section 2 (16)]
Benefits arising out of land
Things attached to earth or permanently fastened to any thing attached to earth
Shares in land, charges on the land and revenue or rent
LANDLORD [Section 2 (17)]
LAND RECORDS [Section 2 (18)]
LAND REVENUE [Section 2 (19)]
LEGAL PRACTITIONER [Section 2 (20)]
NJON-AGRICULTURAL ASSESSMENT [Section 2 (21)]
OCCUPANCY [Section 2 (22)]
OCCUPANT [Section 2 (23)]
OCCUPATION [Section 2 (24)]
TO OCCUPY LAND [Section 2 (25)]
PARDI LAND [Section 2 (26)]
POPULATION [Section 2 (27)]
PRESCRIBED [Section 2 (28)]
RECOGNISED AGENT [Section 2 (29)]
RELEVANT TENANCY LAW [Section 2 (30)]
REVENUE OFFICER [Section 2 (31)]
REVENUE YEAR [Section 2 (32)]
SAZA [Section 2 (33)]
STORAGE DEVICE [Section 2 (33A)]
SUB-DIVISIONAL OFFICER [Section 2 (34)]
SUB-DIVISION OF A SURVEY NUMBER [Section 2 (35)]
SURVEY MARK [Section 2 (36)]
SURVEY NUMBER [Section 2 (37)]
SUPERIOR HOLDER [Section 2 (38)]
SURVEY OFFICER [Section 2 (39)]
TENANT [Section 2 (40)]
UNOCCUPIED LAND [Section 2 (41)]
URBAN AREA [Section 2 (42)]
VILLAGE [Section 2 (43)]
WADA LAND [Section 2 (44)]
CHAPTER 3
REVENUE AREAS AND REVENUE OFFICERS
[SECTIONS 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16]
DIVISION OF STATE INTO REVENUE AREAS [Section 3]
CONSTITUTION OF REVENUE AREAS [Section 4]
CHIEF CONTROLLING AUTHORITY IN REVENUE MATTERS [Section 5]
REVENUE OFFICERS IN DIVISION [Section 6]
REVENUE OFFICERS IN DISTRICT [Section 7]
Officers to be appointed by State Government
Officers to be placed by Collector under general orders of the State Government
Officers to be appointed by Collector
SURVEY OFFICERS [Section 8]
COMBINATION OF OFFICERS [Section 9]
DELEGATION OF POWERS [Section 9A]
TEMPORARY VACANCIES [Section 10]
If Collector is disabled from performing duties/vacates office/leaves jurisdiction/dies If Tahsildar is disabled from performing duties/vacates office/leaves jurisdiction/dies
SUBORDINATION OF OFFICERS [Section 11]
APPOINTMENTS TO BE NOTIFIED [Section 12]
POWERS AND DUTIES OF REVENUE OFFICERS [Section 13]
Powers and functions of Commissioner
Powers and functions of Collector
The Collector has to perform various functions
Powers and functions of Tahsildar
POWERS AND DUTIES OF SURVEY OFFICERS, CIRCLE OFFICERS, ETC. [Section 14]
Powers and functions of Survey Officers
Powers and functions of Circle Officers
Powers and functions of Talathi
CONFERRAL BY STATE GOVERNMENT OF POWERS OF REVENUE OFFICERS ON
OTHER PERSON [Section 15]
SEALS [Section 16]
CHAPTER 4
PROVISIONS FOR RECOVERY OF MONEY, PAPERS
OR OTHER GOVERNMENT PROPERTY
[SECTIONS 17, 18, 19]
DEMANDS FOR MONEY, PAPERS, ETC. TO BE MADE KNOWN
TO PERSON CONCERNED ETC. [Section 17]
PUBLIC MONEYS MAY ALSO BE RECOVERED AS ARREARS OF
LAND REVENUE; AND SEARCH WARRANT MAY BE ISSUED
FOR RECOVERY OF PAPERS OR PROPERTY [Section 18]
Recovery of public moneys
Recovery of public papers and other Government property
OFFICER OR PERSON IN JAIL MAY SECURE HIS RELEASE BY
FURNISHING SECURITY [Section 19]
CHAPTER 5
GOVERNMENT LANDS AND RESTRICTIONS ON
REMOVAL OF NATURAL PRODUCTS AND CUTTING OF
TREES FROM GOVERNMENT LANDS
[SECTIONS 20, 21, 22, 23, 24, 25, 26, 27, 28]
TITLE OF STATE IN ALL LANDS, PUBLIC ROADS, ETC. WHICH ARE NOT PROPERTY OF OTHERS [Section 20]
EXTINCTION OF RIGHTS OF PUBLIC IN OR OVER ANY PUBLIC-ROAD,
LANE OR PATH NOT REQUIRED FOR USE OF PUBLIC [Section 21]
LANDS MAY BE ASSIGNED FOR SPECIAL PURPOSES, AND WHEN ASSIGNED, SHALL NOT BE OTHERWISE USED WITHOUT SANCTION OF COLLECTOR [Section 22]
REGULATION OF USE OF PASTURAGE [Section 23]
RECOVERING VALUE OF NATURAL PRODUCTS
UNAUTHORISEDLY REMOVED FROM CERTAIN LANDS [Section 24]
RIGHT TO TREES IN HOLDINGS [Section 25]
TREES AND FORESTS VESTING IN GOVERNMENT [Section 26] .
RECOVERY OF VALUE OF TREES, ETC. UNAUTHORIZEDLY APPROPRIATED [Section 27]
REGULATION OF CUTTING AND SUPPLY OF WOOD, ETC. [Section 28]
CHAPTER 6
CLASSES OF OCCUPANTS AND OCCUPATION OF UNALIENATED LANDS [SECTIONS 29, 30]
CLASSES OF PERSONS HOLDING LAND; [Section 29]
Occupant Class—I
Occupant Class—II
Similarities and distinction between Occupant Class—I and Occupant Class—II Government lessee
OCCUPATION OF UNALIENATED LAND GRANTED UNDER PROVISIONS OF
THE CODE [Section 30]
CHAPTER 7
GRANT OF UNOCCUPIED AND ALLUVIAL LANDS AND DISPOSAL OF
INTESTATE, RELINQUISHED AND FORFEITED OCCUPANCIES
[SECTIONS 31, 32, 33, 34, 351]
UNOCCUPIED LAND MAY BE GRANTED ON CONDITIONS [Section 31]
GRANT OF ALLUVIAL LAND VESTING IN GOVERNMENT [Section 32]
TEMPORARY RIGHT TO ALLUVIAL LANDS OF SMALL EXTENT [Section 33]
DISPOSAL OF INTESTATE OCCUPANCIES [Section 34]
A claimant may appear, apply for restoration of occupancy and his application is allowed A claimant may appear, apply for restoration of occupancy and his application is rejected
No claimant appears within the stipulated period of 3 years
DISPOSAL OF RELINQUISHED OR FORFEITED SUB- DIVISION [Section 35]
Procedure for disposal of relinquished sub-division
Procedure for disposal of forfeited sub-division
CHAPTER 8
RESTRICTIONS ON TRANSFER OF
OCCUPANCIES BY TRIBALS
[SECTIONS 36, 36A, 36B, 36BB, 36C, 37, 38, 39, 40]
OCCUPANCY TO BE TRANSFERABLE AND HERITABLE SUBJECT TO CERTAIN RESTRICTIONS [Section 36]
RESTRICTIONS ON TRANSFERS OF OCCUPANCIES BY TRIBALS [Section 36A]
DAMAGES FOR USE AND OCCUPATION OF OCCUPANCIES IN CERTAIN CASES [Section 36B]
PLEADERS, ETC., EXCLUDED FROM APPEARANCE [Section 36 BB]
BAR OF JURISDICTION OF CIVIL COURT OR AUTHORITY [Section 36-C]
OCCUPANT'S RIGHTS ARE CONDITIONAL [Section 37]
POWER TO GRANT LEASES [Section 38]
OCCUPANT TO PAY LAND REVENUE AND GOVERNMENT
LESSEE TO PAY RENT FIXED [Section 39]
SAVING OF POWERS OF GOVERNMENT [Section 40]
CHAPTER 9
USES TO WHICH THE LAND MAY BE PUT AND CONVERSION OF
USER OF LAND FROM ONE PURPOSE TO ANOTHER
[SECTIONS 41, 42, 43, 44, 45, 46, 47, 47A]
USES TO WHICH HOLDER OF LAND FOR PURPOSES OF AGRICULTURE MAY PUT HIS LAND [Section 41]
PERMISSION FOR NON-AGRICULTURAL USE [Section 42] RESTRICTION
ON USE [Section 43]
PROCEDURE FOR CONVERSION OF USE OF LAND FROM
ONE PURPOSE TO ANOTHER [Section 44]
Application for change of user of land
Grant of permission for change of user
Rejection of application for conversion
Communication to the applicant of decision of Collector
Information to Tahsildar of commencement of converted use
Sanad and correction of errors therein
NO PERMISSION REQUIRED FOR BONA FIDE INDUSTRIAL
USE OF LAND [Section 44A]
Bona fide industrial use
Special township project
Situation of land
Conditions to be satisfied
Intimation to Tahsildar of commencement of converted use of land
Liability to penalty
Sanad and correction of errors therein
PENALTY FOR SO USING LAND WITHOUT PERMISSION [Section 45]
Liability for penalty
Penalties
RESPONSIBILITY OF TENANT OR OTHER PERSON FOR
WRONGFUL USE [Section 46]
POWER OF STATE GOVERNMENT TO EXEMPT LAND FROM
PROVISIONS OF SECTIONS 41, 42, 44, 45, OR 46. [Section 47]
LIABILITY FOR PAYMENT OF CONVERSION TAX BY HOLDER
FOR CHANGE OF USER OF LAND [Section 47A]
CHAPTER 10
GOVERNMENT TITLE TO MINES AND MINERALS
[SECTION 48]
GOVERNMENT TITLE TO MINES AND MINERALS [Section 48]
Government's right to minerals
Government may assign its right over any minerals, mines or quarries to any person Compensation to the person whose rights are infringed
Penalty for illegal extraction, removal, collection etc. of any mineral
CHAPTER 11
CONSTRUCTION OF WATER COURSE THROUGH LAND
BELONGING TO OTHER PERSON
[SECTION 49]
CONSTRUCTION OF WATER COURSE THROUGH LAND BELONGING TO OTHER PERSON [Section 49]
When Section 49 is attracted
Procedure for construction of water course
Order of Tahsildar
Conditions that may be imposed
No appeal against the order of Tahsildar
Right of neighbouring holder to surplus water
Consequences of non-compliance of Tahsildar's order
Discontinuance of water course
CHAPTER 12
ENCROACHMENT ON GOVERNMENT LANDS AND REMOVAL
OR REGULARIZATION OF SUCH ENCROACHMENT
[SECTIONS 50, 51, 52, 53, 54 and 54A]
REMOVAL OF ENCROACHMENTS ON LAND VESTING IN
GOVERNMENT; PROVISIONS FOR PENALTY AND OTHER INCIDENTAL MATTERS [Section 50]
Encroachment on Government land
Prohibition on encroachment
Unauthorized use of Government land for hawking or selling of articles
Appeal against the order of Collector
REGULARISATION OF ENCROACHMENTS [Section 51]
VALUE AND LAND REVENUE HOW CALCULATED [Section 52]
SUMMARY EVICTION OF PERSON UNAUTHORISEDLY
OCCUPYING LAND VESTING IN GOVERNMENT [Section 53]
FORFEITURE AND REMOVAL OF PROPERTY LEFT OVER AFTER
SUMMARY EVICTION [Section 54]
SECTION 54A - [THIS SECTION WAS INSERTED BY MAH. ACT No. 41 OF 1973, TO REMAIN IN FORCE UPTO 30.11.1978. ACCORDINGLY, IT HAS CEASED TO BE IN FORCE WITH EFFECT FROM 1ST DECEMBER 1978].
CHAPTER 13
RELINQUISHMENT OF LANDS
[SECTIONS 55, 56, 57, 58, 59 and 60]
RELINQUISHMENT [Section 55]
RELINQUISHMENT OF ALIENATED LAND [Section 56]
RIGHT OF WAY TO RELINQUISHED LAND [Section 57]
SAVING OF OPERATION OF SECTION 55 IN CERTAIN CASE [Section 58]
SUMMARY EVICTION OF PERSON UNAUTHORISEDLY OCCUPYING LAND [Section 59]
POWER OF STATE GOVERNMENT TO SUSPEND OPERATION OF
SECTION 55 [Section 60]
CHAPTER 14
PROTECTION OF CERTAIN OCCUPANCIES
FOR PROCESS OF COURT
[SECTIONS 61, 62 and 631]
OCCUPANCY WHEN NOT LIABLE TO PROCESS OF CIVIL COURT; COURT TO GIVE EFFECT TO COLLECTOR'S CERTIFICATE [Section 61]
BAR OF ATTACHMENT OR SALE [Section 62]
BAR OF FORECLOSURE OR ATTACHMENT OF SALE OF BHUMIDHARI'S
RIGHT [Section 63]
CHAPTER 15
LAND REVENUE AND ITS ASSESSMENT
[SECTIONS 64, 65, 66, 67, 68, 69, 70, 71,
72, 73, 74, 75, 76, 77 and 78]
ALL LAND LIABLE TO PAY REVENUE UNLESS SPECIALLY EXEMPTED [Section 64]
LIABILITY OF ALLUVIAL LANDS TO LAND REVENUE [Section 65]
ASSESSMENT OF LAND REVENUE IN CASES OF DILUVION [Section 66]
MANNER OF ASSESSMENT AND ALTERATION OF ASSESSMENT [Section 67]
ASSESSMENT BY WHOM TO BE FIXED [Section 68]
SETTLEMENT OF ASSESSMENT TO BE MADE WITH HOLDER DIRECTLY FROM STATE GOVERNMENT [Section 69]
RATES FOR USE OF WATER [Section 70]
THE FIXING OF ASSESSMENT UNDER THIS CODE LIMITED TO ORDINARY LAND REVENUE [Section 71]
LAND REVENUE TO BE PARAMOUNT CHARGE ON LAND [Section 72]
FORFEITED HOLDINGS MAY BE TAKEN POSSESSION OF AND OTHERWISE DISPOSED [Section 73]
TO PREVENT FORFEITURE OF OCCUPANCY CERTAIN PERSONS OTHER THAN OCCUPANT MAY PAY LAND REVENUE [Section 74]
REGISTER OF ALIENATED LANDS [Section 75]
RECEIPTS [Section 76]
PENALTY FOR FAILURE TO GRANT RECEIPTS [Section 77] REDUCTION, SUSPENSION OR REMISSION OF LAND REVENUE [Section 78]
CHAPTER 16
LANDS WITHIN VILLAGE SITES
[SECTIONS 121, 122, 123, 124, 125, 126, 127,
128, 129, 130 and 131]
APPLICATION OF CHAPTER [Section 121]
LIMITS OF SITES OF VILLAGES, TOWNS AND CITIES HOW TO BE FIXED [Section 122]
NO LAND REVENUE TO BE LEVIED IN CERTAIN CASES ON LANDS WITHIN SITES OF VILLAGE, TOWN OR CITY [Section 123]
RIGHT TO EXEMPT TO BE DETERMINED BY COLLECTOR [Section 124]
PARDI AND WAD A LANDS EXEMPTED FROM PAYMENT OF LAND
REVENUE [Section 125]
Pardi land
Wada land
SURVEY OF LANDS IN VILLAGE SITES HOW TO BE CONDUCTED [Section 126]
IN CERTAIN CASES SURVEY FEE TO BE CHARGED [Section 127] MAPS OF VILLAGE
SITES [Section 128]
SANAD TO BE GRANTED WITHOUT EXTRA CHARGE [Section 129]
GRANT OF SANAD ON ALTERATION OF HOLDING [Section 130] DUPLICATE SAN ADS MAY BE GRANTED [Section 131]
CHAPTER 17
BOUNDARY AND BOUNDARY MARKS
[SECTIONS 132, 133, 134, 135, 136, 137, 138, 139,
140, 141, 142, 143, 144, 145 and 146]
FIXATION AND DEMARCATION OF BOUNDARIES [Section 132]
DETERMINATION OF VILLAGE BOUNDARIES [Section 133]
DETERMINATION OF FIELD BOUNDARIES [Section 134]
DISPUTES REGARDING BOUNDARIES BETWEEN VILLAGES, SURVEY
NUMBERS AND SUB-DIVISIONS [Section 135]
DEMARCATION OF BOUNDARIES OF SURVEY NUMBER OR
SUB-DIVISION [Section 136]
STRAIGHTENING OUT CROOKED BOUNDARIES [Section 137]
When applicant and persons suffering loss of land agree to the plan prepared by survey officer When applicant and persons suffering loss of land disagree to the plan prepared by survey officer EFFECT OF SETTLEMENT OF BOUNDARY. [Section 138]
CONSTRUCTION AND REPAIRS OF BOUNDARY MARKS OF SURVEY NUMBERS AND
VILLAGES ETC. [Section 139]
RESPONSIBILITY FOR MAINTENANCE OF BOUNDARY MARKS AND SURVEY
MARKS. [Section 140]
COLLECTOR TO HAVE CHARGE OF BOUNDARY MARKS AND SURVEY MARKS AFTER INTRODUCTION OF SURVEY [Section 141]
DEMARCATION AND MAINTENANCE OF BOUNDARY MARKS BETWEEN HOLDINGS AND VILLAGE ROAD [Section 142] RIGHT OF WAY OVER BOUNDARIES [Section 143]
DEMARCATION OF BOUNDARIES IN AREAS UNDER TOWN PLANNING SCHEME OR IMPROVEMENT SCHEME, OR CONSOLIDATION SCHEME [Section 144]
PENALTY FOR INJURING BOUNDARY MARKS [Section 145] POWER TO EXEMPT
FROM OPERATION OF THIS CHAPTER [Section 146]
CHAPTER 18
RECORD OF RIGHTS
[SECTIONS 147, 148, 149, 150, 151, 152,
153, 154, 155, 156, 157, 158 and 159]
EXEMPTION FROM PROVISIONS OF THIS CHAPTER [Section 147]
RECORD OF RIGHTS [Section 148]
MAINTENANCE OF RECORD OF RIGHTS ETC. BY USING SUITABLE STORAGE DEVICE [Section 148A]
ACQUISITION OF RIGHTS TO BE REPORTED [Section 149]
REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES [Section 150]
Register of mutations
Register of disputed cases
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. [Section 151]
FINE FOR NEGLECT TO AFFORD INFORMATION [Section 152] REQUISITION OF ASSISTANCE IN PREPARATION OF MAPS [Section 153]
INTIMATION OF TRANSFERS BY REGISTERING OFFICERS [Section 154]
CORRECTION OF CLERICAL ERRORS [Section 155]
LAND RECORDS. [Section 156]
PRESUMPTION OF CORRECTNESS OF ENTRIES IN RECORD
OF RIGHTS AND REGISTER OF MUTATIONS. [Section 157] BAR OF SUITS [Section 158]
RECORD OF RIGHTS AT COMMENCEMENT OF CODE [Section 159]
CHAPTER 19
NISTAR PATRAK AND WAJIB-UL-ARZ
[SECTIONS 160, 161, 162, 163, 164, 165, 166 and 167]
APPLICATION OF PROVISIONS OF SECTIONS 161 TO 167 [Section 160]
NISTAR PATRAK [Section 161]
MATTER TO BE PROVIDED FOR IN NISTAR PATRAK [Section 162]
PROVISION IN NISTAR PATRAK FOR CERTAIN MATTERS [Section 163]
RIGHT IN WASTE LAND OF ANOTHER VILLAGE [Section 164] WAJIB-UL-ARZ [Section 165]
REGULATION OF FISHING ETC. [Section 166]
PUNISHMENT FOR CONTRAVENTION OF PROVISIONS [Section 167]
CHAPTER 20
METHODS OF REALISATION OF LAND REVENUE
[SECTIONS 168 to 223]
LIABILITY FOR LAND REVENUE [Section 168]
CLAIMS OF STATE GOVERNMENT TO HAVE PRECEDENCE OVER ALL
OTHERS [Section 169]
DATES ON WHICH LAND REVENUE FALLS DUE AND IS PAYABLE [Section 170]
TEMPORARY ATTACHMENT AND MANAGEMENT OF VILLAGE OR SHARE OF VILLAGE [Section 171]
TEMPORARY ATTACHMENT AND MANAGEMENT OF VILLAGE
OR SHARE OF VILLAGE TO BE VACATED (WITHDRAWN)
ON SECURITY BEING FURNISHED [Section 172]
'ARREAR'; 'DEFAULTER' [Section 173]
PENALTY FOR DEFAULT OF PAYMENT OF LAND REVENUE [Section 174]
CERTIFIED ACCOUNT TO BE EVIDENCE AS TO ARREARS [Section 175]
PROCESS OF RECOVERY OF ARREARS [Section 176]
Processes for recovery of arrears of land revenue from the defaulter
Any one or more of the above processes may be employed
Movables exempt from distraint and sale
Immovable property expressly exempt from attachment and sale
REVENUE DEMANDS OF FORMER YEARS HOW RECOVERABLE [Section 177]
PROCESS NO. 1 : SERVICE OF WRITTEN NOTICE OF DEMAND ON THE DEFAULTER
WHEN NOTICE OF DEMAND MAY ISSUE [Section 178]
PROCESS NO. 2 : FORFEITURE OF THE OCCUPANCY IN RESPECT OF WHICH THE ARREAR IS DUE
OCCUPANCY OR ALIENATED HOLDING FOR WHICH ARREAR IS DUE MAY BE
FORFEITED [Section 179]
PROCESS NO. 3 : DISTRAINT AND SALE OF THE DEFAULTER'S MOVABLE PROPERTY DISTRAINT AND SALE OF DEFAULTER'S MOVABLE PROPERTY [Section 180]
Movable property which cannot be distrained and sold
Procedure of sale of movable property
Sale of movables may be stayed
Sale of movables may be set aside
Refund of amount to purchaser
Application of sale proceeds
PROCESS NO. 4 : ATTACHMENT AND SALE OF DEFAULTER'S IMMOVABLE PROPERTY
SALE OF DEFAULTER'S IMMOVABLE PROPERTY [Section 181]
Procedure of sale of immovable property
Sale of immovable property may be stayed
Sale of immovables may be set aside
Order confirming the sale of immovable property
Refund of amount to purchaser if sale is set aside or not confirmed
Purchaser to be put in possession of immovable property
Application of sale proceeds
PROCESS NO. 5 : ATTACHMENT OF DEFAULTER'S IMMOVABLE PROPERTY
POWER TO ATTACH DEFAULTER'S IMMOVABLE PROPERTY AND TAKE
IT UNDER MANAGEMENT [Section 182]
PROCESS NO. 6 : ARREST AND IMPRISONMENT OF THE DEFAULTER
ARREST AND DETENTION OF DEFAULTER [Section 183]
Who can arrest the defaulter
Defaulter detained in custody or imprisoned, to be set at liberty on furnishing security
POWER TO ARREST BY WHOM TO BE EXERCISED [Section 184]
PROCESS NO.7 : ATTACHMENT OF THE VILLAGES OR SHARES
OF VILLAGES WHERE ALIENATED HOLDING CONSISTS
OF ENTIRE VILLAGE, OR SHARES OF VILLAGES
POWER TO ATTACH DEFAULTER'S VILLAGE AND TAKE IT UNDER
MANAGEMENT [Section 185]
LANDS OF EACH VILLAGE TO REVERT FREE OF ENCUMBRANCES [Section 186]
REVENUE MANAGEMENT OF VILLAGES OR ESTATES NOT BELONGING TO GOVERNMENT THAT MAY BE TEMPORARILY UNDER MANAGEMENT OF STATE GOVERNMENT [Section 187]
APPLICATION OF SURPLUS PROFITS [Section 188]
RESTORATION OF VILLAGE SO ATTACHED [Section 189]
VILLAGE, ETC. TO VEST IN STATE GOVERNMENT IF NOT REDEEMED WITHIN TWELVE YEARS [Section 190]
BUT ALL PROCESSES TO BE STAYED ON SECURITY BEING GIVEN [Section 191]
PROCEDURE IN EFFECTING SALES [Section 192]
NOTIFICATION OF SALES [Section 193]
SALE BY WHOM TO BE MADE; TIME OF SALE, ETC.
[Section 194]
POSTPONEMENT OF SALE [Section 195]
SALE OF PERISHABLE ARTICLES [Section 196]
WHEN SALE MAY BE STAYED [Section 197]
SALES OF MOVABLE PROPERTY WHEN LIABLE TO CONFIRMATION [Section 198]
MODE OF PAYMENT FOR MOVABLE PROPERTY WHEN SALE IS CONCLUDED AT ONCE [Section 199]
MODE OF PAYMENT WHEN SALE IS SUBJECT TO CONFIRMATION [Section 200]
DEPOSIT BY PURCHASER IN CASE OF SALE OF IMMOVABLE PROPERTY [Section 201]
PURCHASE MONEY WHEN TO BE PAID [Section 202]
EFFECT OF DEFAULT [Section 203]
LIABILITY OF PURCHASER FOR LOSS BY RESALE [Section 204]
NOTIFICATION BEFORE RESALE [Section 205]
SETTING ASIDE SALES OF MOVABLES [Section 206]
APPLICATION TO SET ASIDE SALE OF IMMOVABLES [Section 207]
ORDER CONFIRMING OR SETTING ASIDE SALE [Section 208] PURCHASER MAY APPLY TO SET ASIDE SALE UNDER CERTAIN CIRCUMSTANCES [Section 209]
APPLICATION TO SET ASIDE SALE BY PERSON OWNING OR HOLDING INTEREST IN PROPERTY [Section 210]
REFUND OF DEPOSIT OR PURCHASE MONEY WHEN SALE
SET ASIDE [Section 211]
ON CONFIRMATION OF SALE, PURCHASER TO BE PUT IN POSSESSION : CERTIFICATE OF PURCHASE [Section 212]
BAR OF SUIT AGAINST CERTIFIED PURCHASER [Section 213] APPLICATION OF PROCEEDS OF SALE [Section 214]
SURPLUS NOT TO BE PAID TO CREDITORS EXCEPT UNDER ORDER
OF COURT [Section 215]
CERTIFIED PURCHASER LIABLE ONLY FOR LAND REVENUE SUBSEQUENTLY
DUE [Section 216]
PURCHASER'S TITLE [Section 217]
CLAIMS TO ATTACHED PROPERTY HOW TO BE DISPOSED [Section 218]
BAR OF REVENUE OFFICERS TO BID ETC. AT SALE [Section 219]
PURCHASE ON NOMINAL BID [Section 220]
SUM RECOVERABLE UNDER PROVISIONS OF THIS CHAPTER [Section 221]
RECOVERY OF FREE GRANTS AS ARREAR OF REVENUE IN CASE
OF MISUSE [Section 222]
RECOVERY OF MONIES FROM SURETY [Section 223]
CHAPTER 21
PROCEDURE TO BE FOLLOWED BY REVENUE OFFICERS
WHILE CONDUCTING REVENUE CASES
[SECTIONS 224 to 245]
SUBORDINATION OF REVENUE OFFICERS [Section 224]
POWER TO TRANSFER CASES [Section 225]
POWER TO TRANSFER CASES TO AND FROM SUBORDINATES [Section 226]
POWER TO SUMMON PERSON TO GIVE EVIDENCE AND PRODUCE
DOCUMENTS [Section 227]
SUMMONS TO BE IN WRITING, SIGNED AND SEALED; SERVICE OF
SUMMONS [Section 228]
COMPELLING ATTENDANCE OF WITNESS [Section 229]
MODE OF SERVING NOTICE [Section 230]
PROCEDURE FOR PRODUCING ATTENDANCE OF WITNESSES [Section 231]
HEARING IN ABSENCE OF PARTY [Section 232]
ADJOURNMENT OF HEARING [Section 233]
MODE OF TAKING EVIDENCE IN FORMAL INQUIRIES [Section 234]
WRITING AND EXPLANATION OF DECISIONS [Section 235]
SUMMARY INQUIRIES HOW TO BE CONDUCTED [Section 236]
FORMAL AND SUMMARY INQUIRIES TO BE DEEMED JUDICIAL
PROCEEDINGS [Section 237]
ORDINARY INQUIRIES HOW TO BE CONDUCTED [Section 238] COPIES AND
TRANSLATIONS ETC., HOW TO BE OBTAINED [Section 239]
ARREST OF DEFAULTER TO BE MADE UPON WARRANT [Section 240]
POWER TO ENTER UPON AND SURVEY LAND [Section 241]
COLLECTOR HOW TO PROCEED IN ORDER TO EVICT ANY PERSON WRONGFULLY IN POSSESSION OF LAND [Section 242]
POWER TO GIVE AND APPORTION COSTS [Section 243]
PERSONS BY WHOM APPEARANCES AND APPLICATIONS MAY BE MADE BEFORE AND TO REVENUE OR SURVEY OFFICER [Section 244]
SAVING [Section 245]
CHAPTER 22
APPEALS, REVISION AND REVIEW
[SECTIONS 246 to 259]
Meaning and purpose of appeal
Meaning and purpose of Revision
Meaning and purpose of Review
APPLICATION OF THIS CHAPTER [Section 246]
APPEAL AND APPELLATE AUTHORITIES [Section 247]
APPEAL WHEN TO LIE TO STATE GOVERNMENT. [Section 248]
APPEAL AGAINST REVIEW OR REVISION [Section 249]
PERIODS WITHIN WHICH APPEALS MUST BE BROUGHT [Section 250]
ADMISSION OF APPEAL AFTER PERIOD OF LIMITATION [Section 251]
APPEAL SHALL NOT BE AGAINST CERTAIN ORDERS [Section 252]
PROVISION WHERE LAST DAY FOR APPEAL FALLS ON SUNDAY OR
HOLIDAY [Section 253]
COPY OF ORDER TO ACCOMPANY PETITION OF APPEAL [Section 254]
POWER OF APPELLATE AUTHORITY [Section 255]
STAY OF EXECUTION OF ORDERS [Section 256]
POWER OF STATE GOVERNMENT AND OF CERTAIN REVENUE AND SURVEY OFFICERS TO CALL FOR AND EXAMINE RECORDS AND PROCEEDINGS OF SUBORDINATE OFFICERS [Section 257]
REVIEW OF ORDERS [Section 258]
RULES AS TO DECISIONS OR ORDERS EXPRESSLY MADE FINAL [Section 259]
CHAPTER 23
MAHARASHTRA REVENUE TRIBUNAL
[SECTIONS 308 to 326]
DEFINITION [Section 308]
MAHARASHTRA REVENUE TRIBUNAL [Section 309]
PRESIDENT AND MEMBERS [Section 310]
Qualifications of the President
Qualifications of the Member
VACANCY AND TEMPORARY ABSENCE [Section 311]
REGISTRAR AND DEPUTY REGISTRARS [Section 312]
HEADQUARTERS [Section 313]
PLACE OF SITTING [Section 314]
JURISDICTION OF TRIBUNAL [Section 315]
JURISDICTION BARRED IN CERTAIN CASES [Section 316] POWERS OF TRIBUNAL
UNDER OTHER LAWS NOT AFFECTED [Section 317]
TRIBUNAL TO HAVE POWER OF CIVIL COURT [Section 318]
PRACTICE AND PROCEDURE [Section 319]
STATE GOVERNMENT TO BE HEARD IN CERTAIN CASES [Section 320]
NO APPEAL TO STATE GOVERNMENT AND JURISDICTION OF COURT
BARRED [Section 321]
REVIEW OF ORDERS OF TRIBUNAL [Section 322]
MANNER OF EXECUTING ORDERS PASSED BY TRIBUNAL [Section 323]
PROVISION FOR COURT-FEES [Section 324]
RULES [Section 325]
SAVING [Section 326]
CHAPTER 24
MISCELLANEOUS PROVISIONS
[SECTIONS 327 to 337]
MAPS AND LAND RECORDS OPEN TO INSPECTION, ETC. [Section 327]
RULES [Section 328]
PROVISION FOR PREVIOUS PUBLICATION OF, AND PENALTY FOR BREACH OF RULES [Section 329]
L Vt INC OF RULES BEFORE LEGISLATURE [Section 330] DELEGATION OF POWERS AND DUTIES [Section 330A]
CERTAIN PROVISIONS TO APPLY TO ALIENATED VILLAGES [Section 331]
HOLDERS OF LAND IN ALIENATED VILLAGES [Section 332] CONSTRUCTION OF THIS CODE [Section 333]
AMENDMENT OF ENACTMENTS [Section 334]
POWER TO REMOVE DIFFICULTY [Section 335]
REPEAL AND SAVINGS [Section 336]
CONSTRUCTION OF REFERENCE [Section 337]
MAHARASHTRA REGIONAL AND
TOWN PLANNING ACT, 1966
CHAPTER 1
INTRODUCTION
[SECTION 1]
SHORT TITLE, EXTENT AND COMMENCEMENT [Section 1]
CHAPTER 2
DEFINITIONS
[SECTION 2]
Agriculture [Section 2(1)]
Amenity [Section 2(2)]
Appropriate Authority [Section 2(3)]
Arbitrator [Section 2(4)]
Building operations [Section 2(5)]
Court [Section 2(6)]
Development [Section 2(7)]
Development Authority [Section 2(8)]
Development Plan [Section 2(9)]
Development Right [Section 2(9A)]
Director of Town Planning [Section 2(10)]
Engineering Operations [Section 2(11)]
Existing-land-use Map [Section 2(12)]
Final Plot [Section 2(13)]
Floor Space Index [Section 2(13A)]
Heritage building [Section 2(13B)]
Heritage precinct [Section 2(13C)]
Land [Section 2(14)]
Benefits arising out of land
Things attached to earth or permanently fastened to anything attached to earth
Local Authority [Section 2(15)]
Local Newspaper [Section 2(16)]
Occupier [Section 2(17)]
Owner [Section 2(18)]
Planning Authority [Section 2(19)]
Prescribed [Section 2(20)]
Plot [Section 2(21)]
Reconstituted Plot [Section 2(22)]
Region [Section 2(23)]
Regional Board [Section 2(24)]
Regional Plan [Section 2(25)]
Regional Planning Committee [Section 2(26)]
Regulation [Section 2(27)]
Residence [Section 2(28)]
Rule [Section 2(29)]
Scheme [Section 2(30)]
Special Township Project [Section 2(30A)]
Town Planning Officer [Section 2(31)]
Undeveloped area [Section 2(31A)]
Zilla Parishad [Section 2(32)]
CHAPTER 3
ESTABLISHMENT OF REGIONS AND CONSTITUTION OF
REGIONAL PLANNING BOARDS
[SECTIONS 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12]
ESTABLISHMENT OF REGION AND ALTERATION ITS LIMITS [Section 3]
CONSTITUTION OF REGIONAL PLANNING BOARDS [Section 4] TERMS OF OFFICE
AND CONDITIONS OF SERVICE OF MEMBERS [Section 5]
RESIGNATION OF MEMBERS [Section 6]
VACANCIES [Section 7]
POWERS AND DUTIES OF BOARD [Section 8]
MEETINGS OF REGIONAL BOARDS, ETC. [Section 9]
CONSULTATION OR ASSOCIATION WITH EXPERTS; REGIONAL PLANNING
COMMITTEE [Section 10]
POWER OF REGIONAL BOARD TO APPOINT STAFF [Section 11]
EXPENSES OF REGIONAL BOARD [Section 12]
CHAPTER 4
REGIONAL PLAN [CONTENTS, PREPARATION AND SANCTION]
[SECTIONS 13, 14, 15, 16, 17, 18, 19 and 20]
SLRVERY OF REGION AND PREPARATION OF REGIONAL PLAN [Section 13]
CONTENTS OF REGIONAL PLAN [Section 14]
SUBMISSION OF REGIONAL PLAN TO THE STATE GOVERNMENT FOR
APPROVAL [Section 15]
PROCEDURE TO BE FOLLOWED IN PREPARING AND APPROVING REGIONAL
PLANS [Section 16]
PUBLICATION OF REGIONAL PLAN AND DATE OF ITS OPERATION [Section 17]
RESTRICTION ON CHANGE OF USER OF LAND OR DEVELOPMENT
THEREOF [Section 18]
EXCLUSION OF CLAIMS FOR COMPENSATION FOR INJURIOUS
AFFECTION [Section 19]
REVISION OR MODIFICATION OF REGIONAL PLAN [Section 20] Revision of Regional Plan Modification of Regional Plan
CHAPTER 5
DEVELOPMENT PLAN
[CONTENTS, PREPARATION AND SANCTION]
[SECTIONS 21 to 42]
DEVELOPMENT PLAN [Section 21]
CONTENTS OF DEVELOPMENT PLAN [Section 22] MODIFICATIONS OF A SUBSTANTIAL NATURE [Section 22A]
DECLARATION OF INTENTION TO PREPARE DEVELOPMENT PLAN [Section 23]
TOWN PLANNING OFFICER [Section 24]
PROVISION FOR SURVEY AND PREPARATION OF EXISTING LAND-USE
MAP [Section 25]
PREPARATION AND PUBLICATION OF NOTICE OF DRAFT DEVELOPMENT
PLAN [Section 26]
PROVISION OF REGIONAL PLAN TO BE CONSIDERED [Section 27]
OBJECTIONS TO DRAFT DEVELOPMENT PLAN [Section 28] MODIFICATIONS MADE AFTER PREPARING AND PUBLISHING NOTICE OF DRAFT DEVELOPMENT PLAN [Section 29]
SUBMISSION OF DRAFT DEVELOPMENT PLAN [Section 30]
SANCTION TO DEVELOPMENT PLAN [Section 31]
INTERIM DEVELOPMENT PLAN [Section 32]
PLANS FOR AREAS OF COMPREHENSIVE DEVELOPMENT [Section 33]
PREPARATION OF DEVELOPMENT PLAN FOR ADDITIONAL AREA [Section 34]
DEVELOPMENT PLANS SANCTIONED BY STATE GOVERNMENT BEFORE COMMENCEMENT OF THIS ACT [Section 35] DEVELOPMENT PLAN PREPARED PRIOR TO THIS ACT [Section 36]
MODIFICATION OF FINAL DEVELOPMENT PLAN [Section 37]
Who can make the modification in the final Development Plan
Procedure to be followed by the Planning Authority or the Slum Rehabilitation Authority for making modification in the final Development Plan
Sanction to be accorded by the State Government
Power of State Government to publish the notice of modification on its own
POWER OF STATE GOVERNMENT OR PLANNING AUTHORITY TO PERMIT TEMPORARY CHANGE OF USER [Section 37-A]
REVISION OF DEVELOPMENT PLAN [Section 38]
VARIATION OF TOWN PLANNING SCHEME BY DEVELOPMENT PLAN [Section 39]
SPECIAL PLANNING AUTHORITY FOR DEVELOPING CERTAIN NOTIFIED
AREAS [Section 40]
Appointment of Special Planning Authority
Deemed notified areas and the Authority deemed to be appointed as Special
Planning Authority therefor
EXPENSES OF SPECIAL PLANNING AUTHORITY TO BE MET BY CONTRIBUTION BY LOCAL AUTHORITIES [Section 41] IMPLEMENTATION OF PLANS [Section 42]
CHAPTER 6
RESTRICTIONS ON DEVELOPMENT OF LANDS
INCLUDED IN A DEVELOPMENT PLAN
[SECTIONS 43 to 58]
RESTRICTIONS ON DEVELOPMENT OF LAND [Section 43]
APPLICATION FOR PERMISSION FOR DEVELOPMENT [Scction 44]
GRANT OR REFUSAL OF PERMISSION [Section 45]
PROVISIONS OF DEVELOPMENT PLAN TO BE CONSIDERED BEFORE GRANTING PERMISSION [Section 46]
APPEAL [Section 47]
LAPSE OF PERMISSION [Section 48]
OBLIGATION TO ACQUIRE LAND ON REFUSAL OF PERMISSION OR ON GRANT OF PERMISSION IN CERTAIN CASES [Section 49]
DELETION OF RESERVATION OF DESIGNATED LAND FOR INTERIM DRAFT OF FINAL DEVELOPMENT PLAN [Section 50]
POWER OF REVOCATION AND MODIFICATION OF PERMISSION
TO DEVELOPMENT [Section 51]
PENALTY FOR UNAUTHORIZED DEVELOPMENT OR FOR USE
OTHERWISE THAN IN CONFORMITY DEVELOPMENT PLAN [Section 52]
POWER TO REQUIRE REMOVAL OF UNAUTHORISED
DEVELOPMENT [Section 53]
POWER TO STOP UNAUTHORISED DEVELOPMENT [Section 54]
REMOVAL OR DISCONTINUANCE OF UNAUTHORISED TEMPORARY DEVELOPMENT SUMMARILY [Section 55]
POWER TO REQUIRE REMOVAL OF AUTHORIZED DEVELOPMENT
OR USE [Section 56]
RECOVERY OF EXPENSES INCURRED [Section 57]
DEVELOPMENT UNDERTAKEN ON BEHALF OF GOVERNMENT [Section 58]
CHAPTER 7
DRAFT TOWN PLANNING SCHEME
[CONTENTS, PREPARATION AND SANCTION]
[SECTIONS 59 to 71]
PREPARATION AND CONTENTS OF TOWN PLANNING SCHEME [Section 59]
POWER OF PLANNING AUTHORITY TO RESOLVE ON DECLARATION OF INTENTION TO MAKE SCHEME [Section 60]
MAKING AND PUBLICATION OF DRAFT SCHEME BY MEANS OF
NOTICE [Section 61]
INCLUSION OF ADDITIONAL AREA IN DRAFT SCHEME [Section 62]
POWER OF STATE GOVERNMENT TO REQUIRE PLANNING AUTHORITY TO MAKE SCHEME [Section 63]
CONTENTS OF DRAFT SCHEME [Section 64]
RECONSTITUTED PLOT [Section 65]
COMPENSATION FOR DISCONTINUANCE OF USE [Section 66]
OBJECTION TO DRAFT SCHEME TO BE CONSIDERED [Section 67]
POWER OF STATE GOVERNMENT TO SANCTION DRAFT SCHEME [Section 68]
RESTRICTION ON USE AND DEVELOPMENT OF LAND AFTER
DECLARATION FOR TOWN PLANNING SCHEME [Section 69]
POWER OF STATE GOVERNMENT TO SUSPEND RULE, BYE-LAW, ETC. [Section 70]
DISPUTED OWNERSHIP [Section 71]
CHAPTER 8
ARBITRATOR [APPOINTMENT, POWERS AND FUNCTIONS]
[SECTIONS 72 and 73]
ARBITRATOR; HIS POWERS AND DUTIES [Section 72]
CERTAIN DECISIONS OF ARBITRATOR BE FINAL [Section 73]
CHAPTER 9
TRIBUNAL OF APPEAL
[CONSTITUTION AND POWERS]
[SECTIONS 74, 75, 76, 77, 78, 79, 80, 81, 82, 94 and 95]
APPEAL [Section 74]
CONSTITUTION OF TRIBUNAL APPEAL [Section 75]
Appointment of President Appointment of Assessors ARBITRATOR TO ASSIST TRIBUNAL IN ADVISORY CAPACITY AND HIS REMUNERATION [Section 76]
PLACE WHERE TRIBUNAL MAY SIT [Section 77]
DECISION OF QUESTIONS TO LAW AND OTHER QUESTIONS [Section 78]
POWER OF TRIBUNAL TO DECIDE MATTER FINALLY [Section 79]
TRIBUNAL NOT TO BE COURT [Section 80]
REMUNERATION OF ARBITRATORS AND ASSESSORS AND PAYMENT OF INCIDENTAL EXPENSES OF TRIBUNAL [Section 81]
DECISION OF ARBITRATOR TO BE FINAL IN CERTAIN MATTERS [Section 82]
RIGHT TO APPEAR BY RECOGNISED AGENT [Section 94]
POWER TO COMPEL THE ATTENDANCE OF WITNESSES [Section 95]
CHAPTER 10
FINAL TOWN PLANNING SCHEME
[PREPARATION, SANCTION AND EFFECT]
[SECTIONS 83 to 88]
POSSESSION OF LAND IN ADVANCE OF TOWN PLANNING SCHEME [Section 83]
COMMISSIONER OF POLICE OR MAGISTRATE TO ENFORCE DELIVERY OF POSSESSION OF LAND [Section 84]
OWNER OF LAND OF WHICH POSSESSION IS TAKEN ENTITLED TO
INTEREST [Section 85]
SANCTION BY STATE GOVERNMENT TO FINAL SCHEME [Section 86]
WITHDRAWAL OF FINAL SCHEME [Section 87]
EFFECT OF FINAL SCHEME [Section 88]
CHAPTER 11
ENFORCEMENT OF FINAL TOWN PLANNING SCHEME
[SECTIONS 89 to 90]
POWER OF PLANNING AUTHORITY TO EVICT SUMMARILY [Section 89]
POWER TO ENFORCE SCHEME [Section 90]
CHAPTER 12
VARIATION OF FINAL TOWN PLANNING SCHEME
[SECTIONS 91 to 93]
POWER TO VARY SCHEME ON GROUND OF ERROR IRREGULARITY OR
INFORMALITY [Section 91]
POWER TO VARY TOWN PLANNING SCHEME [Section 92]
APPORTIONMENT OF COST OF SCHEME WITHDRAWN OR
NOT SANCTIONED [Section 93]
CHAPTER 13
JOINT DEVELOPMENT PLANS AND
JOINT TOWN PLANNING SCHEMES
[SECTION 96]
JOINT DEVELOPMENT PLANS AND JOINT TOWN
PLANNING SCHEMES [Section 96]
CHAPTER 14
COMPENSATION
[SECTIONS 102, 103, 104, 105, 106 and 107]
COMPENSATION IN RESPECT OF PROPERTY OR RIGHT
INJURIOUSLY AFFECTED BY SCHEME [Section 102]
EXCLUSION OR LIMITATION OF COMPENSATION IN CERTAIN CASES [Section 103]
PROVISION FOR CASES IN WHICH AMOUNT PAYABLE TO
OWNER EXCEEDS AMOUNT DUE FROM HIM [Section 104]
PROVISION FOR CASE IN WHICH VALUE OF DEVELOPED PLOT IS LESS THAN AMOUNT PAYABLE BY OWNER [Section 105]
PAYMENT BY ADJUSTMENT OF ACCOUNT [Section 106]
PAYMENT OF NET AMOUNT DUE TO PLANNING AUTHORITY [Section 107]
CHAPTER 15
MISCELLANEOUS
[SECTIONS 108, 109, 110, 111, and 112]
POWER OF PLANNING AUTHORITY TO MAKE AGREEMENT [Section 108]
RECOVERY OF ARREARS [Section 109]
DISPOSAL OF SURPLUS AMOUNT [Section 110]
EXECUTION OF WORKS IN FINAL SCHEME BY PLANNING
AUTHORITY [Section 111]
PENALTY FOR REMOVAL OF BOUNDARY STONES [Section 112]
CHAPTER 16
DEVELOPMENT OF AREA AS SITE FOR NEW TOWN AND CONSTITUTION OF NEW TOWN DEVELOPMENT AUTHORITY
[SECTIONS 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123 and 124]
DESIGNATION OF SITE FOR NEW TOWN [Section 113]
POWER OF STATE GOVERNMENT TO ACQUIRE LAND FOR
CORPORATION OR COMPANY DECLARED TO BE NEW
TOWN DEVELOPMENT AUTHORITY [Section 113-A]
OBJECTS OF DEVELOPMENT AUTHORITY [Section 114]
PLANNING AND CONTROL OF DEVELOPMENT IN NEW TOWNS [Section 115]
ACQUISITION OF LAND BY DEVELOPMENT AUTHORITY CONSTITUTED UNDER SECTION 113 (2) [Section 116]
OBLIGATION TO PURCHASE DESIGNATED LAND [Section 117]
DISPOSAL OF LAND BY DEVELOPMENT AUTHORITY [Section 118]
DIRECTIONS BY STATE GOVERNMENT FOR DISPOSAL OF LAND [Section 119]
POWER TO MAKE AGREEMENT FOR PROVISION OF SERVICES [Section 120]
CONTRIBUTIONS BY DEVELOPMENT AUTHORITY TOWARDS EXPENDITURE OF LOCAL AUTHORITIES AND STATUTORY AUTHORITIES [Section 121]
ADVANCES AND PAYMENTS BY STATE GOVERNMENT TO DEVELOPMENT AUTHORITIES : [Section 122]
POWER OF DEVELOPMENT AUTHORITY TO BORROW AND TO ACCEPT DEPOSITS [Section 122-A]
TRANSFER OF UNDERTAKING OF DEVELOPMENT AUTHORITY [Section 123]
COMBINATION AND TRANSFERS OF DEVELOPMENT
AUTHORITY [Section 124]
Direction to perform the functions of another Development Authority
Direction to transfer the functions of one Development Authority to another
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