The Maharashtra Commissioners of Divisions Act

¹ For sections 4, 5, 6 and 6-A, the following shall be substituted, namely :––; “4. Chief controlling authority in revenue matters.— The chief controlling authority in all matters connected with the land revenue shall vest in the Commissioner, subject to the State Government.; 5. Formation of divisions.— The State Government may, by notification in; the Official Gazette, specify the territories, being territories to which this Act extends, which shall form a division and by a like notification alter the limits of the division so formed.; 6. Commissioner for each division.— On the commencement of the; Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958), there shall be a Commissioner for each division :; Provided that nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.; 6A. Appointment of Commissioners; their power and duties.— (1) The Commissioners of divisions shall be appointed by the State Government.; (2) The Commissioners shall exercise the powers and discharge the duties; conferred and imposed on a Commissioner under this Act or under any law for the time being in force, and so far as is consistent therewith all such other powers or duties of appeal, superintendence and control within their respective divisions, and over the officers subordinate to them as may from time to time be prescribed by the State Government.; (3) The Commissioners shall also, subject to the control and the general or; special orders of the State Government, exercise such powers and discharge such duties, as the State Government may confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.; 6B. Additional Commissioners.— (1) The State Government may appoint in a division an Additional Commissioner as it may deem expedient. The Additional Commissioner shall exercise such powers and discharge such duties of the Commissioner in his division under the provisions of this Act or any law for the time being in force, as the State Government may, by notification in the; Official Gazette, specify in that behalf.; (2) An Additional Commissioner appointed under sub-section (1) shall not be subordinate to the Commissioner except in such matters as the State Government may, by general or special order, specify in this behalf.; 6C. Assistant Commissioners.— The State Government may also appoint so many Assistant Commissioners as may be expedient to assist the Commissioner. The Assistant Commissioners shall be subordinate to the Commissioner, and shall exercise such powers and discharge such duties of the Commissioner in a division or part thereof under this Act or under any law for the time being in force as the Commissioner, with the previous permission of the State Government, may direct.”.; 2. In section 7, after the words “Each division” the words “under the control of the Commissioner” shall be inserted.

SCHEDULE 1 2 1The Bombay Land Revenue Code, 1879 (Bom. V of 1879). 1 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

5. Formation of division.— The State Government may, by notification in; the Official Gazette, specify the territories being territories to which this Act extends which shall form a division and may by like notification alter the limits of the division so formed.; 6. Commissioner for each division.— On the commencement of the; Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958), there shall be a Commissioner for each division :; Provided that nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.; 6A. Appointment of Commissioners; their powers and duties.— (1) The Commissioners of divisions shall be appointed by the State Government.; (2) The Commissioners shall exercise the powers and discharge the duties; conferred and imposed on a Commissioner under this Act or under any law for the time being in force and so far as is consistent therewith, all such other powers or duties of appeal, superintendence and control within their respective divisions, and over the officers subordinate to them as may, from time to time, be prescribed by the State Government.; (3) The Commissioners shall also, subject to the control and the general or; special orders of the State Government, exercise such powers and discharge such duties, as the State Government may confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.; 6B. Additional Commissioners.— (1) The State Government may appoint in a division an Additional Commissioner as it may deem expedient. The Additional Commissioner shall exercise such powers and discharge such duties of the Commissioner in his division under the provisions of this Act, or any law for the time being in force, as the State Government may, by notification in the Official Gazette, specify in that behalf.; (2) An additional Commissioner appointed under sub-section (1) shall not be subordinate to the Commissioner except in such matters as the State Government may, be general or special order, specify in this behalf.; 6C. Assistant Commissioners.— The State Government may also appoint so many Assistant Commissioners as may be expedient to assist the Commissioner. The Assistant Commissioners shall be subordinate to the Commissioner and shall exercise such powers and discharge such duties of the Commissioner in a division or part thereof under this Act or under any law for the time being in force as the Commissioner, with the previous permission of the State Government, may direct.”.; 2. In section 8, for the words “State Government”, where they occur for; the second time, the words “Commissioner of his division” shall be substituted.; 3. In section 13, after the words “State Government”, where they occur for; the third time, the words “and of the Commissioner” shall be inserted.; 4. In section 14, for the words “State Government”, the word; “Commissioner” shall be substituted.; 5. In section 17, after the words “general orders of the State Government”,; the words “and of the Commissioner” shall be inserted.

¹ For sections 4, 5 and 6, the following shall be substituted, namely :––; “4. Chief controlling authority in revenue matters.— The Chief controlling authority in all matters connected with the land revenue shall vest in the Commissioner, subject to the State Government.; 5. Formation of division.— The State Government may by notification; in the Official Gazette, specify the territories being territories to which this Act extends which shall form a division and may by a like notification alter the limits of the division so formed.; 6. Commissioner for each division.— On the commencement of the; Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958), there shall be a Commissioner for each division :; Provided that nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.; 6A. Appointment of Commissioners; their powers and duties.—; (1) The Commissioners of divisions shall be appointed by the State Government.; (2) The Commissioner shall exercise the powers and discharge the duties conferred and imposed on a Commissioner under this Act or under any law for the time being in force and so far as inconsistent therewith all such other powers or duties of appeal, superintendence and control within their respective divisions, and over the officers subordinate to them as may, from time to time, be prescribed by the State Government.

² For sections 3 and 4, the following shall be substituted, namely :––; 3. Chief controlling authority in revenue matters.— The Chief; controlling authority in all matters connected with the land revenue shall vest in the Commissioner, subject to the State Government.; 4. Formation of divisions.— The State Government may, by notification; in the Official Gazette, constitute the whole of the Hyderabad area of the State of Bombay or any part thereof into a division and may by a like notification alter the limits of the division so constituted.; 4A. Commissioners for each division.— On the commencement of the Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958), there shall be a Commissioner for each division :

Provided that nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.; 4B. Appointment of Commissioners; their powers and duties.— (1) The Commissioners of divisions shall be appointed by the State Government.; (2) The Commissioners shall exercise the powers and discharge the duties; conferred and imposed on a Commissioner under this Act or under any law for the time being in force and so far as is consistent therewith all such other powers or duties of appeal, superintendence and control within their respective divisions and over the officers subordinate to them as may, from time to time, be prescribed by the State Government.; (3) The Commissioners shall also, subject to the control and the general or; special orders of the State Government, exercise such powers and discharge such duties, as the State Government may confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.; 4C. Additional Commissioners.— (1) The State Government may appoint in a division, an Additional Commissioner as it may deem expedient. The Additional Commissioner shall exercise such powers and discharge such duties of the Commissioner in his division under the provisions of this Act or any law for the time being in force as the State Government may, by notification in the Official Gazette, specify in that behalf.; (2) An additional Commissioner appointed under sub-section (1) shall not be subordinate to the Commissioner except in such matters as the State Government may, by general or special order, specify in this behalf.; 4D. Assistant Commissioners.— The State Government may also appoint so many Assistant Commissioners as may be expedient to assist the Commissioner. The Assistant Commissioners shall be subordinate to the Commissioner and shall exercise such powers and discharge such duties of the Commissioner in a division or part thereof under this Act or under any law for the time being in force as the Commissioner with the previous permission of the State Government may direct.”.; 3. In section 6, the following shall be added at the end, namely :–– “The Additional Collector shall be subordinate to the Commissioner but; shall not be subordinate to the Collector except in respect of such matters as the State Government may, by general or special order, specify in this behalf.”.; 4. In section 7, the words “or Divisional Officers” shall be deleted.; 5. In section 61, in sub-section (2), for the word “Government”, the word; “Commissioner” shall be substituted.; 6. In section 123, for the words “The Government” the words “The; Commissioner, with the sanction of the State Government” shall be substituted.; 7. In section 158, for sub-sections (2) and (2A) the following shall be; substituted, namely :––; “(2) Subject to the provisions in the Bombay Revenue Tribunal Act, 1939 (Bom. XII of 1939), an appeal shall lie to the State Government from any decision or order passed by a Commissioner or Nazim of Survey Settlement or of Land Records except in the case of any decision or order passed by such officer on second or third appeal.”.

1. (2) The Additional Commissioner appointed under sub-section (1) shall not be subordinate to the Commissioner except in such matters as the State Government may, by general or special order, specify in this behalf.; 11F. Assistant Commissioners.— The State Government may also appoint so many Assistant Commissioners as may be expedient to assist the Commissioner. The Assistant Commissioners shall be subordinate to the Commissioner, and shall exercise such powers and discharge such duties of the Commissioner in a division or part thereof under this Act or any law for the time being in force as the Commissioner, with the previous permission of the State Government, may direct.”.; 6. In section 13, after the words “Deputy Commissioner”, where they; occur for the first time, the words “who shall be subordinate to the Commissioner and” shall be inserted.; 7. In section 14, after sub-section (3), the following new sub-section shall; be added, namely :––; “(4) The Additional Collector appointed under sub-section (1) shall not be subordinate to the Collector except in such matters as the State Government may, by general or special order specify in this behalf.”.; 8. In section 15,––; (a) for the words “Assistant Commissioners of the first and second; grades” the words “ Assistant or Deputy Collectors” shall be substituted;; (b) in the marginal note, for the words “Assistant Commissioners”; the words “Assistant or Deputy Collectors” shall be substituted.; 9. In section 18,––; (1) in sub-section (1), for the words “any Assistant Commissioner of; the first grade” the words “any Assistant or Deputy Collector” shall be substituted;; (2) in sub-section (2), for the words “Such Assistant Commissioner”; the words “Such Assistant or Deputy Collector” shall be substituted.; 10. In section 20, for the words “Assistant Commissioner”, at both the; places where they occur, the words “Assistant or Deputy Collector” shall be substituted.; 11. In section 26, for the words “A Deputy Commissioner”, at both the; places where they occur, the words “A Commissioner, a Collector” shall be substituted.; 12. In section 41,––; (1) in sub-section (1)––; (a) after the words “Save where it has been otherwise provided”, the; words and figures “and subject to the provisions in the Bombay Revenue Tribunal Act, 1939” (Bom. XII of 1939), shall be inserted;; (b) for clause (e), the following new clauses shall be substituted,; namely :–; “(e) if such order is passed by a Collector exercising the powers of a Collector to the Commissioner;; (e-i) if such order is passed by a Collector exercising the powers of a Settlement Officer during the currency of the term of settlement to the Settlement Commissioner;”;; (c) in clause (g), for the word “Board”, the words “State Government” shall be substituted 1 2

1 Now see the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964).

1 Now see the Bombay Warehouses Act, 1960 (Bom. V of 1960).

1 Now see the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).

³ For section 19, the following shall be substituted, namely:––; “19. Delegation of powers by Court of Wards.— (1) Where the Collector is not the Court of Wards with the general or special sanction of the Commissioner, the Court of Wards may, from time to time, delegate all or any of its powers to the Collector of any district in which any part of the property of a Government ward is situated, or to any other officer not below the rank of an Assistant or Deputy Collector whom it may appoint in this behalf, and may, at any time, with the like sanction, revoke such delegation.; (2) Where the Collector is not the Court of Wards subject to any general; or special orders of the Commissioner, the Court of Wards may exercise all or any of the powers conferred on it by this Act through the Collector of any district in which any part of the property of a Government ward is situated, or through any other officer not below the rank of an Assistant or Deputy Collector whom it may appoint in this behalf, and, subject to the like orders, any such Collector or Assistant or Deputy Collector may exercise all or any of the powers delegated to him under this Act through any Revenue Officer subordinate to him not below the rank of a Mahalkari.; (3) Where the Collector is the Court of Wards, subject to the general or; special orders of the Commissioner, the Court of Wards may, exercise all or any of the powers under this Act through an Assistant or Deputy Collector whom it may appoint in this behalf, and subject to like orders, any such Assistant or Deputy Collector may exercise all or any of the powers delegated to him under this Act through any Revenue Officer subordinate to him not below the rank of a Mahalkari.”; 4. In section 43, in sub-section (1), for clause (a), the following shall be substituted, namely :—; “(a) Where the order is that of a Commissioner or of any special officer, appointed, or Board constituted, under the proviso to section 3, to the State Government;; (b) where the order is that of a Collector, to the Commissioner, or where any such officer or Board has jurisdiction, to such officer or Board; and”.; 5. In section 44,—; (a) for the words “ State Government” at both the places where they occur the words “Commissioner and State Government” shall be substituted

1 Now see the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).

1 Now see The Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961). 2 Now see The Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961). 3 Now see The Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964).

1 Now see the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964). 2 Now see the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964).

1 Now see the Bombay Cinemas (Regulation) Act, 1953 (Bom. XI of 1953) 2 Now see the Bombay Cinemas (Regulation) Act, 1953 (Bom. XI of 1953) 1 2

The Bombay District Police Act, 1890 (Bom. IV of 1890), as applied to the Kutch area of the State of Bombay by the Kutch (Application of Laws) Order, 1949.; 1[The Land Acquisition Act, 1894 (I of 1894).; 2[The Baroda Gam Nokari Niyam, 1933.; 3[The Saurashtra District Panchayat Act, 1956 (Sau. Act XXV of 1956).; 4[The Nagpur Improvement Trust Act, 1936 (C. P. and Berar Act No. XXXVI of 1936). 1. In section 13, in sub-section (2), for the words “shall be subject to the lawful orders of the State Government”, the words “shall be subject to the lawful orders of the Commissioner” shall be substituted.; 2. In section 25, in sub-section (4), for the words “where the State Government so directs”, the words “where the Commissioner so directs” shall be substituted.; 3. In section 25A, for the words “State Government”, wherever they occur, the word “Commissioner” shall be substituted.; 4. In section 28, for the words “Magistrate of the District and the State Government”, the words “Magistrate of the district and the Commissioner” shall be substituted.; 5. In section 32, in sub-section (2), for the words “State Government” the word “Commissioner” shall be substituted.; 6. In section 39, in sub-section (3), for the words “State Government”, wherever they occur, the word “Commissioner” shall be substituted.; To the proviso to section 11, the following shall be added, namely :––; “Save that the power of such approval shall be exercisable by the Commissioner in lieu of the State Government where an award not exceeding one lakh of rupees is made to fix compensation under the provisions of the Bombay Taluqdari Tenure Abolition Act, 1949 (Bom. LXII of 1949); the Bombay Personal Inams Abolition Act, 1952 (Bom. XLII of 1953); the Bombay Merged Territories (Baroda Mulgiras Tenure Abolition) Act, 1953 (Bom. XLV of 1953); the Bomaby Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bom. XXXIX of 1954), and the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bom. XXII of 1955).]”; In rule 6, the following clause shall be inserted at the end, namely :––; “(u) ‘Sarsuba’ means the Commissioner of a Division appointed under the Bombay Land Revenue Code, 1879 (Bom. V of 1879).”]; 1. In sections 6, 24, 40, 64(b), 65, 66 and 72, for the word ‘Government’ wherever it occurs, the word ‘Commissioner’ shall be substituted”.; 2. In section 66, for the words ‘which is in its opinion sufficient’ the words ‘which is in his opinion sufficient’ and for the words ‘as it deems fit’ the words ‘as he deems fit’ shall be substituted.]; 1. In section 46-A, for the words “State Government” the word “Commissioner” shall be substituted.; 2. In proviso (b) of sub-section (1) of section 52-B, for the words “State Government” the word “Commissioner” shall be substituted.]

1 This entry was added by G.N., R.D., No. TTA, 1057-85418-L, dated the 26th May 1958. 2 This entry was added by G.N., R.D., No. IVS. 7175/63311, dated the 4th June 1958. 3 This entry was added by G.N., R.D., No. DCR. 1758-C, dated the 18th June 1958. 4 This entry was added by G.N., L.S.G.&P.H.D., No.NIT. 2758-E, dated the 27th June 1958.

1 This entry was added by G.N., R.D., No. RVA. 2557-85398-R, dated the 23rd July 1958. 2 These entries was added by G.N., R.D., No. LAQ. 2558/V, dated the 5th September 1958.

1 These entries were added by G.N., R.D., No. LAQ-2558/V, dated the 22nd September 1958.

1 This entry was added by G.N., L.S.G. & P.H.D., No. NMC-6258-C, dated the 28th October 1958. 2 These entries were added by G.N., A. & F.D., No. RA-6035-R, dated the 18th December 1958.

1 These entries were added by G.N., R.D., No. LAQ-2558/15455-V, dated the 6th February 1959.

1 This entry was added by G.N., R.D., No. CON-3558/43445-M, dated the 14th April 1959. 2 This entry was added by G.N., L.S.G. & P.H.D., No. DPA-1158-C, dated the 1st June 1959.