The Maharashtra Khar Lands Development Act, 1979

1. (1) This Act may be called the Maharashtra Khar Lands Development Act, 1979.
2. (2) It extends to Greater Bombay and Thane, Kulaba and Ratnagiri Districts in the State of Maharashtra.
3. (3) It shall be deemed to have come into force on the 19th February 1979.

In this Act, unless the context otherwise requires,—

1. (a) "beneficiary" means the owner, occupier or holder of the land benefited by any khar lands scheme, by way of reclamation or conversion into cultivable land or in any other manner whatsoever;
2. (b) "Code" means the Maharashtra Land Revenue Code, 1966;
3. (c) "embankment" includes,—
   • (i) every earth bank, dam, wall and dyke made or used for excluding water from, or retaining water upon, any tidal or khar land or for excluding salt water from entering into any adjoining sweet water nallas or inlets;
   • (ii) every sluice, spur, groyne, training wall, berm or other work annexed to, or portion of, any embankment;
   • (iii) every earth bank, dam, dyke, wall, groyne or spur made or erected for the protection of any embankment or of any tidal or khar land from erosion or overflow by or of tides, waves or waters;
   • (iv) all buildings intended for storage, inspection or supervision;
   • (v) all approach and other roads as part of a scheme;
4. (d) "former Board" means the Maharashtra Khar Lands Development Board, which was established under section 3 of the Bombay Khar Lands Act, 1948;
5. (e) "holder", in relation to any land, means the person who is lawfully in actual possession of the land as the owner or tenant, and includes a Government lessee;
6. (f) "Irrigation Department" means the Irrigation Department of the Government of Maharashtra;
7. (g) "khar land" means such tidal land as is made cultivable or otherwise beneficial in any manner whatsoever by protecting it, by means of an embankment, from the sea or tidal river, and includes all such land in whatever manner described, whether as kher, khajan, kharepat, gazni or otherwise;
8. (h) "khar lands cess" or "cess" means the cess on lands levied and collected under this Act;
   • (i) "Khar Lands Development Officer" means any officer appointed under section 4;
9. (j) "occupier", in relation to any land, means any person holding or professing to hold the right to cultivate that land for the time being;
10. (k) "owner", in relation to any land, includes every person having a joint interest in the ownership of the land and all rights and obligations which attach to an owner under this Act shall attach jointly and severally to every person having such joint interest;
11. (l) "prescribed" means prescribed by rules made under this Act;
12. (m) "scheme" means a khar lands scheme prepared under this Act;
13. (n) "sea" includes bay, inlet, creek or an arm of the sea;
14. (o) "tidal land" means such parts of the bed or shore of the tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides, together with the adjoining bed or shore within the contour upto the height of one metre above the ordinary spring tide marks;
15. (p) "tidal water" means any part of the sea or river within the flow and ebb of the tide at ordinary spring tides;
16. (q) words and expressions used in this Act, but not defined, shall have the meanings respectively assigned to them in the Code.

1. (1) It shall be the duty of the State Government to protect and to develop, maintain and control the khar lands in the most efficient and economical manner.
2. (2) Under appropriation duly made in this behalf, the expenditure on implemen- tation of the khar lands schemes shall be borne by the State Government.
3. (3) The original works of the schemes and the special repairs to the completed schemes or those in progress shall, from time to time, be executed and maintained by the State Government, in the Irrigation Department, in the same manner in which other schemes, like the minor irrigation schemes or flood protection schemes under the State Sector, are executed and maintained by that Department.
4. (4) Without prejudice to the generality of the foregoing provisions, the State Government shall have power—
   • (a) to notify developments and works already done by the former Board;
   • (b) to take over all the works of the former Board, which are either completed or which are not completed, for completion and operation;
   • (c) to levy and collect a cess on all lands developed under the schemes, which are completed either by the State Government or by the former Board and which are taken over by the State Government, from the date to be notified by the State Government for each scheme separately;
   • (d) to cause surveys to be made of all khar lands and prepare a master plan of the khar lands schemes to be developed under this Act;
   • (e) to prepare a list of—
     • (i) all khar lands schemes, whether completed, under construction or proposed;
     • (ii) the lands benefited or to be protected under each scheme;
     • (iii) the names of the owners, occupiers and holders of such lands, benefited by each individual scheme;
   • (f) to form groups of individual schemes for the convenience of execution, operation and maintenance;
   • (g) to prepare schemes for the construction, maintenance and preservation of embankments and other prescribed objects;
   • (h) to regulate inland waterways and remove encroachments on such waterways;
     • (i) to supervise all works in connection with better cultivation of reclaimed khar lands;
   • (j) to provide for closure or regulation, wholly or partially, of any creek, river or other inland waterways or for construction or reconstruction, for the purpose of protection or better cultivation or other beneficial use of reclaimed khar lands;
   • (k) to examine, pursue and monitor programmes for providing irrigation facilities in the reclaimed khar lands;
   • (l) to provide for supply of sweet water for better cultivation of reclaimed khar lands;
   • (m) to remove shrubs and provide for levelling of lands and construction or reconstruction of inner embankments;
   • (n) to provide for prohibiting or regulating fishing and fish breeding or for developing facilities therefor;
   • (o) to control the danger and nuisance of certain animals which cause damage to the embankments;
   • (p) to develop or prohibit or regulate use of tidal lands for salt pans ;
   • (q) to establish or cause to be established research centres for better cultivation of khar lands and for other purposes ;
   • (r) to reclaim tidal lands for the purpose of bringing them under cultivation or making their use for other beneficial purposes ; generally to do all that is necessary or expedient for carrying out the objects of this Act.

1. (1) For carrying out the purposes of this Act, the State Government shall appoint such number of—
   • (a) Chief Engineers,
   • (b) Superintending Engineers,
   • (c) Executive Engineers,
   • (d) Assistant Engineers,
   • (e) Deputy Engineers,
   • (f) Sub-Divisional Engineers,
   • (g) Sub-Divisional Officers,
   • (h) Section Officers or Junior Engineers, and
     • (i) other officers, as it may deem necessary.
2. (2) The officers appointed under sub-section
3. (1) shall be given any of the above designations or such other designations as the State Government may, from time to time, determine.
4. (3) The State Government may, by general or special order, define the area of the respective jurisdiction of the officers appointed under sub-section
5. (1) and specify the duties and the powers of the Khar Lands Development Officers to be performed and exercised by different classes of such officers, within their respective jurisdiction.
6. (4) The subordination of such officers amongst themselves shall be such as may be determined by the State Government.

The Chief Controlling Authority in all matters connected with the construction, maintenance and management of the khar lands schemes and all matters incidental or supplemental thereto, shall be the Chief Engineer in the Irrigation Department in charge of this subject or such other officer as may be designated in this behalf by the State Government.

1. (1) For the purpose of carrying out its duties under section 3, the State Government, from time to time, cause to be prepared schemes for such area and for such lands as it may think fit.
2. (2) A scheme prepared under sub-section
3. (1) shall contain the following particulars, namely :—
   • (a) the objects of the scheme ;
   • (b) the extent of the area of the lands required to be acquired for the execution of the scheme;
   • (c) the extent of the area likely to be reclaimed and benefited after completion of the scheme;
   • (d) the names of the owners, occupiers or holders (including the Government), whose lands are required to be acquired and their survey numbers;
   • (e) the names of the owners, occupiers or holders (including the Government), whose lands will be benefited by, or will be protected under, the scheme and their survey numbers;
   • (f) the type of embankment and other works required to be constructed or maintained for efficient functioning of the scheme;
   • (g) a detailed estimate of the cost of the scheme, along with detailed layout drawings and drawings showing structural details;
   • (h) such other particulars as may be prescribed.

1. (1) Every scheme prepared under the last preceding section shall be published in the prescribed manner in the village, and at the headquarters of the taluka, in which the lands proposed to be included in the scheme are situated, requiring all persons affected or likely to be affected by the scheme who wish to make any objections to the scheme or part thereof to submit their objections in writing to or by appearing before, such Khar Lands Development Officer as may be specified in the scheme, within one month from the date of publication of the scheme in the village in which the lands are situated.
2. (2) The specified Khar Lands Development Officer shall hear such objections as are made to him in person and consider them along with the objections submitted to him in writing and submit his report to the Chief Controlling Authority, together with the objections received, through such superior Khar Lands Development Officers as may be prescribed.
3. (3) After consideration of the objections and the report and recommendations thereon, the Chief Controlling Authority shall submit the draft scheme, with such modifications or recommendations he would like to make, to the State Government for its sanction.
4. (4) The State Government, after making such inquiry, as it may think fit, may sanction the scheme, with or without modification and subject to such conditions, if any, as it may think fit to impose or refuse to sanction the scheme.
5. (5) If the scheme is sanctioned under the last preceding sub-section, the scheme as sanctioned shall be published in the prescribed manner in the village and at the headquarters of the taluka in which the lands included in the scheme are situated, for the information of all persons affected by the scheme.
6. (6) In considering the objections, the decision of the Chief Controlling Authority on the question whether or not any land included in the scheme, will be benefited by, or will be protected under, the scheme, shall be conclusive evidence on the question.

On the date on which the scheme as sanctioned is published under the last preceding section in the village in which the lands included in the scheme are situated, it shall come into force and shall have effect as if it were enacted in this Act.

After any scheme has come into force, the Khar Lands Development Officer concerned shall execute the scheme.

If after any scheme has come into force, the State Government, on an application made to it or suo motu, is satisfied that the scheme is defective on account of any error, irregularity or informality or on account of any other reason it is necessary to vary the scheme, then,—

1. (a) where, in the opinion of the State Government, the proposed variation does not vary the scheme in any material particulars, the State Government may, by order, published in the prescribed manner in the village, and at the headquarters of the taluka, in which the lands included in the scheme are situated, sanction the variation;
2. (b) where, in the opinion of the State Government, the proposed variation would vary the scheme in any material particulars, the State Government may cause such variation to be published for inviting objections as if it were a draft scheme to be published under sub-section

1. (1) of section 7, and the provisions of sections 7, 8 and 9 shall apply for sanctioning, coming into force and execution of such variation, as if such variation was itself a scheme.

Notwithstanding anything hereinbefore contained, if, upon an application or report made to it for the purpose, the State Government is satisfied that it is no longer economical or technically feasible to continue any scheme or it is necessary to change the user of the land for any non-agricultural purpose or any other purpose contemplated in the original scheme or it is necessary so to do in the public interest, the State Government may, by order, published in the prescribed manner, revoke the scheme.

Entry in record-of-rights and restrictions on use of lands for non-agricultural purposes

1. (1) As soon as may be after a scheme has come into force, in respect of the lands included in the scheme, whether they are acquired or benefited, the Khar Lands Development Officer executing the scheme shall cause to be made in the record-of-rights an entry to the effect that the lands are included in the khar lands scheme specified in such entry. If there are no record-of-rights, such entry shall be made in the prescribed village record.
2. (2) Notwithstanding anything contained in such scheme, any land included in the scheme which was proposed to be benefited by rendering it cultivable due to implementation of the scheme may be used for non-agricultural purposes in accordance with the provisions of the Code, subject to such restrictions and conditions as the Collector may deem fit to impose: Provided that, no land in such scheme shall be permitted to be used for non-agricultural purpose, unless such land has been cultivated for a period of not less than five years immediately before the date of application for such use, and full amount (if any) due and payable to the State Government in respect of such land as the Collector may determine has been paid.
3. (3) If any land included in any scheme is permitted to be used for any non-agricultural purposes under sub-section (2), nevertheless, such land shall (except as provided under that sub-section) continue to be subject to the provisions of this Act as if no such permission has been given.

If any person holds any land on lease from the State Government which is included in a scheme, and fails to cultivate the same for more than the number of consecutive years specified for this purpose in the scheme or fails to utilize the same or in the manner specified in the scheme or fails to pay to the State Government the amount of cess together with the penalty, if any, due in respect of such land within such time as the State Government may fix, the Collector may dispose of the land in accordance with the rules made under this Act. Such lease shall be determined by forfeiture to the State Government, notwithstanding anything contained in any law for the time being in force and unless the Collector otherwise directs, be freed from all rights, encumbrances and equities theretofore, created in favour of any person other than the Government in respect of such land: Provided that, no order shall be made by the Collector under this section, unless the person holding such land is given a notice of not less than six months of the action proposed to be taken against him and a reasonable opportunity of making representation against such action.

1. (1) Notwithstanding anything contained in the Bombay Village Panchayats Act, 1958 (hereinafter in this section referred to as "the said Act"), it shall be the duty of every village panchayat established under the said Act and having jurisdiction over the area in which any embankment or other works included in any scheme, or maintenance any parts thereof, are situated, to keep vigil, supervise, maintain and repair such embankment or works or parts thereof, as the case may be, and to comply with such directions as may be issued in this behalf, from time to time, by the Khar Lands Development Officer executing the scheme or by the State Government. For this purpose, the village panchayat shall take or cause to be taken such steps and exercise such powers, in addition to the powers conferred by section 16, as may, in its opinion, be reasonably necessary, for carrying out its duty or for securing compliance with any directions issued to it.
2. (2) The village panchayat shall be entitled to payment from the State Government for expenditure incurred by it in carrying out its duty, and carrying out vigil and normal maintenance and repairs and for securing compliance with the directions issued to it, the amount of which shall be determined by the Khar Lands Development Officer concerned or any other officer authorised by the State Government in this behalf.
3. (3) Where a village panchayat makes a default in the performance of any of the duties imposed by or under this section, it shall be lawful for the Collector or any officer authorised by the State Government to take suitable action against the village panchayat under the said Act, as if a default in the performance of its duties under the said Act had been made.

1. (1) The State Government may constitute an Advisory Committee to advise upon such matter arising out of the administration of this Act or any scheme made under this Act or co-ordination of the execution of work on the various schemes made under this Act, as the Advisory Committee may itself consider to be necessary or as the State Government may refer to it for advice.
2. (2) The Chairman and other members of the Advisory Committee shall be appointed by the State Government and shall be of such number and chosen in such manner as the State Government may, from time to time, determine.
3. (3) The term of office of the Chairman and other members, the manner of holding meetings and the procedure to be followed in the meetings of the Advisory Committee shall be regulated in the manner as the State Government may, from time to time, determine.
4. (4) The Chairman and the other members of the Advisory Committee (not being a member who is an Officer of the State Government) shall receive travelling and daily allowances for attending meetings of the Advisory Committee at such rates as the State Government may, from time to time, determine.

For the purpose of preparing, sanctioning or executing any scheme, or for