Chapter VIII MISCELLANEOUS

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 1* * * *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: 2[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.]

Any sum, whether by way of occupancy price, rent, fine, overpayment of compensation 1[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.

1. (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 (Bom. II of 1906), as if it were the decision of the Mamlatdar under that Act.
2. (2) An order of the Maharashtra Revenue Tribunal in appeal 1[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).

Any person, unauthorisedly occupying or wrongfully in possession of, any land-

1. (a) which vests in the State Government under this Act, or
2. (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.

[Penalty for failure to furnish returns, etc.]. Deleted by Mah. 6 of 2024, s. 5.

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 1[Commissioner, Collector], 2[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 (Bom. II of 1906).

All inquiries and proceedings before the Collector, 1[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 (XLV of 1860).

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 (XLV of 1860).

1[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 26th 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 manner, 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.

1. (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 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.
2. (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 twenty-five rupees.]

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done, or purported to be done, by or under this Act.

1[44A. Tribunal to exercise powers and perform duties of Collector in certain areas for certain purposes of Act to the exclusion of Collector.- Where a Tribunal has been constituted or re-constituted under section 2A for any area or areas or for any purpose or purposes of this Act or for any provision or provisions thereof then, notwithstanding anything contained in this Act, the Tribunal alone, to the exclusion of the Collector, shall exercise all the powers and perform all the duties of the Collector under any of the provisions of this Act (except the provisions of sub-section (6) of section 2A) 2[or sub-section (2) of section 45A] or any rules thereunder in relation to such area or areas or in relation to such purpose or purposes or in relation to such provision or provisions, and reference in any such provision of this Act or the rules to the Collector shall be deemed to be a reference to the Tribunal, and those provisions shall be construed accordingly.

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.]

1. (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. 1[(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) 2* * * for the purpose of satisfying itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections 3 * * * 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 4* * * * and a period of three years from the date of such declaration or part thereof has not elapsed. 5[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.]
2. (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].

1[45A. Power of revision of Commissioner in inquiries and proceedings under section 27.- (1) Subject to the provisions 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 -

1. (a) call for the record of any inquiry or proceedings under 2[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 (or any part thereof), and
2. (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 3[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]. 4[(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.]

1. (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].

1. (1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for -
   • (a) the form of return and particulars to be given therein under section 12;
   • (b) the form of public notice to be given under sub-section (1), and the form containing particulars to be furnished under clause (c) of sub-section (3) of section 17;
   • (c) rules to be made for granting land vesting in Government under section 27;
   • (d) rules to be made for the purposes of section 28;
   • (e) the circumstances under which and the conditions subject to which sanction may be given under section 29; 1[(e-1) conversion premium for conversion of Class-II occupancy lands into Class-I occupancy under section 29A and procedure and other terms and conditions therefor;] 2 * * * * * *
   • (g) generally, for the guidance of officers in all matters connected with enforcement of this Act.
3. (3) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following, and publish in the Official Gazette.

1[47. Exempted lands.- (1) The following lands shall be exempted from the provisions of this Act, that is to say,-

1. (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;
2. (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;
3. (c) land held by such regimental farms as may be approved by the State Government in the manner prescribed;
4. (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 ; 2[(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. (1) "bank" means,-
   • (i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949);
   • (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
   • (iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
   • (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);
   • (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949);
   • (vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963 (10 of 1963);
   • (vii) an Agro-Industries Corporation;
   • (viii) the Agriculture Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (I of 1956);
2. (2) "Co-operative society" means a co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), and includes a co-operative land development bank.]
3. (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 3[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 4[by any public trust or wakf for] panjarpol or gaushala; 5* * * 6[(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 ; 7[(c) land which is held, or to be acquired in any manner, by an industrial undertaking or a public trust or a firm or a company for a bona fide industrial or other non-agricultural use, including an integrated township project declared under section 18 or 44, as the case may be, of the Maharashtra Regional and Town Planning act, 1966 (Mah. XXXVII of 1966). 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 or a public trust or a firm or a company (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.]
4. (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 ;
   • (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.
5. (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.
6. (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 8[three months] from the commencement date.

1[48.- Enactments amended. With effect from the commencement of the Amending Act, 1972, the enactment specified in the Second Schedule shall be and are hereby amended in the manner and to the extent specified in the fourth column thereof].

If any difficulty arises, in giving effect to the provisions of this Act 1[as amended by the Amending Act, 1972] (and in particular to the ascertainment of the ceiling area, and the ascertainment and distribution of any surplus land), the State Government may, by order published in the Official Gazette, make such provisions, give such directions, or do anything, which appears to it to be necessary for the purpose of removing the difficulty.