The Maharashtra

Land Revenue Code,

1966
Unit - 3

Asst. Prof. Kalyani Pawar

B.S.L., LL.B., LL.M., SET
 CONTENTS

1. Record of rights (Sections 147-159)

2. Rights in unoccupied lands (Sections 160-167)
3. Realization of land revenue and other revenue demands: Liability, priority
of claim, time for payment, recovery, enforcement (Sections 168-184)
4. Revenue Officers, their powers and duties
5. Procedure of Revenue Officers
6. Appeals, Revision and Review
7. Maharashtra Revenue Tribunal
3.1 – Record of rights
(Sections 147-159)
• All records which are required to be maintained under the provisions of Maharashtra Land
Revenue Code. 1966, are referred to as land records. The record of rights is also a land
record. This chapter deals with maintenance of record of rights.
• EXEMPTION FROM PROVISIONS OF THIS CHAPTER [Section 147] :
• This section empowers the State Government to notify the non-application of Sections 148 to
159 in any specified local area, or with reference to any class of villages or lands, or
generally. If the Government grants exemption, it may subsequently revoke the same. In
exercise of this power, the Government of Maharashtra has granted following exemptions-
• (a) By notification dated 10.8.1967, directed that Sections 148 to 159 shall not be in force in
gaothans which are not surveyed, the unsurveyed villages and the villages in reserved forest
areas.
• (b) By notification dated 7.1.1969, directed that Section 148 (b) shall not be in force with
reference to non-agricultural lands held by tenants in the areas within the site of any village,
town or city where a survey has been made under Section 126.
• RECORD OF RIGHTS [Section 148] :
• Section 148 mandates that a record of rights shall be maintained in every village. However, this
mandate shall not apply to those villages, which are exempted by State Government under Section
147. The record of rights shall include the following information-
• (a) names of all holders, occupants, owners or mortgagees of the land;
• (b) names of all assignees of the rent or revenue;
• (c) names of Government lessees and tenants;
• (d) nature and extent of interests of such persons;
• (e) the conditions or liabilities attached with such interest; and
• (f) rent or revenue payable by or to any of such persons.
• The record of rights shall also include any other particulars prescribed by the State Government,
either generally or for any specified area.
• MAINTENANCE OF RECORD OF RIGHTS ETC. BY USING SUITABLE STORAGE DEVICE
[Section 148A] :
• Section 148A has been inserted by 2005 amendment to keep pace with the advancement of
technology. It permits maintenance of land records by using suitable storage device.
• ACQUISITION OF RIGHTS TO BE REPORTED [Section 149] :
• Talathi maintains the record of rights. Any acquisition of rights must be entered in the record in
order to keep it up-to-date. Such updating is possible only if the Talathi is kept informed of
subsequent acquisitions. Therefore Section 149 obliges the person acquiring any rights to report
such acquisition to the Talathi. The acquired right may be as holder, occupant, owner, mortgagee,
landlord, Government lessee or tenant of the land or assignee of the rent or revenue thereof. The
rights include a mortgage without possession but do not include an easement or a charge not
amounting to a mortgage. Any such right may be acquired by succession, survivorship, inheritance,
partition, purchase, mortgage, gift, lease etc. A person in whose favour a mortgage is discharged
or extinguished or lease determined, acquires a right. It shall be the duty of acquirer of right to
report his acquisition to the Talathi. If the acquirer is a minor or otherwise disqualified, the report
may be made by his guardian or other person having charge of his property. Such report may be
made either orally or in writing. The limitation period for making such report is three months from
the date of acquisition. The object is to keep the Talathi informed about such acquisition and to
enable him to mutate the name of the acquirer in the relevant records. This facilitates the
assessment and collection of land revenue. On receipt of report of any acquisition, the Talathi shall
at once give a written acknowledgment thereof to the person making it. However, an acquisition of
right with the permission of the Collector or by virtue of a registered document need not be
reported. But the acquirer of rights with the permission of Collector shall be bound to produce
evidence of such permission when required by Talathi.
• Case laws.
• REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES [Section 150] :
• Under Section 150, the Talathi is required to maintain two registers, viz. Register of Mutations and Register of Disputed Cases.
Both are land records.
• Register of mutations :
• The term “mutation” means change or alteration. When any person acquires any right in the land, his name must be entered in t he
relevant land records. If the rights are acquired as holder, occupant, owner or landlord, the name of acquirer must be record ed in
place of the name of earlier holder, occupant, owner or landlord. This requires alteration or change. The alteration by which the
name of acquirer of rights is entered into relevant land records is known as mutation. Thus any change of right in a holding is a
mutation. The mutation is a continuous process and the mutations of rights as they take place must be recorded in chronological
order, each change being given a separate number.
• When any person acquires any right in the land, he has to report the same to the Talathi within 3 months. Such right may be as
holder, occupant. Owner, mortgagee, landlord, tenant etc.; and might have been acquired by succession, survivorship, inherita nce,
partition, purchase, mortgage, gift, lease etc. The idea behind such reporting is to enable the Talathi to mutate the name of
acquirer of rights in the relevant land records. All reports received by Talathi in respect of acquisition of rights are entered in a
register. This register is called register of mutations, which is maintained by the Talathi under the provisions of Section 150. Any
intimation of acquisition or transfer under Section 154 or from any Collector is also entered in this register. While making entry in
the register of mutation, the Talathi shall also post up a complete copy of the entry in a conspicuous place in the Chavadi. He shall
also give written intimation to all persons interested in the mutation. If no objection is raised by any interested person to such
entry, the entry shall be tested and certified. The test and certification shall be carried out by a Circle Inspector or by a revenue or
survey officer not below the rank of an “Aval Karkun”. Prior to certification, a notice to the concerned parties is essential. Upon
certification, the entry shall be transferred to the record of rights in accordance with the Government rules. The State Government
may direct that a register of tenancies shall be maintained as prescribed by rules. The Commissioner may specify the storage
device for preparation, maintenance and updation of all registers and documents to be maintained under Section 148A.
• Register of disputed cases:
• The Talathi enters every report of acquisition made to him in the register of mutations.
Thereafter, he posts up a copy of the entry in Chavadi and gives written intimation thereof to
all persons interested. Any person interested may raise objection to any such entry. Such
objection must be made to the Talathi. The objection may be either oral or in writing. On
receipt of any objection, the Talathi shall enter the particulars thereof in a register This
register is called the register of disputed cases. The Talathi shall at once give a written
acknowledgment for the objection to the objector. The acknowledgment shall be in the
prescribed form. The disputes entered in the register of disputed cases shall be decided by a
revenue or survey officer not below the rank of an Aval Karkun within a period of one year.
The orders disposing off the objections shall be recorded in the register of mutations by such
officer.
• 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] :
• A revenue officer or Talathi carries out the compilation or revision of any record. While so
compiling or revising, he may require certain information or documents for ensuring that
the compilation or revision made by him is correct. For this purpose, he may demand
certain information or documents from any person whose rights have been entered in any
record. The person from whom information is sought is bound to furnish the same as per his
knowledge. If a document has been requisitioned from a person, such person shall be bound
to produce the same as may be within his possession or power. Section 151 imposes an
obligation on the person, whose rights have been entered in any record, to furnish
information or produce document demanded by the revenue officer. The information must
be fumished and the document must be produced within a period of one month from the date
of requisition. On receipt of information or production of document, the revenue officer or
Talathi shall at once give a written acknowledgment thereof The revenue officer or Talathi
shall also make a note on the document stating that it was produced before him on such and
such date and shall put his signature. The revenue officer or the Talathi may inspect the
document and return it immediately. If necessary, he may keep a copy of the document with
him.
• Any holder of agricultural land may apply to Talathi for obtaining a booklet. Such booklet shall be
prepared, issued and maintained as per Government rules, for which fees may be charged. The
booklet shall contain (1) a copy of the record of rights pertaining to such land, (ii) information
about payment of land revenue by the holder or the tenant in respect of land; and (ii) information as
to cultivation of such land and the crops sown. The information. Contained in the booklet shall be
presumed to be true until the contrary is proved or until such information is duly modified under
this Code.
• FINE FOR NEGLECT TO AFFORD INFORMATION (Section 152] :
• If any person is required to make a report or to furnish the information or to produce documents, he
must do it within the period prescribed by law. If he neglects, fine may be imposed on him which
shall not exceed Rs.5/- Such fine shall be recoverable as arrears of land revenue.
• REQUISITION OF ASSISTANCE IN PREPARATION OF MAPS [Section 153] :
• For preparing or revising any map or plan which is required for any record or register, any revenue
officer or a Talathi may exercise the powers of a survey officer under Sections 80 and 81. However,
the power of assessing the cost of hired labour cannot be so exercised. The revenue officer may also
assess the cost of preparation or revision of such map and plan on the lands to which such maps or
plans relate. He may also assess all contingent expenses including the cost of clerical labour and
supervision on such lands The costs shall be recoverable as a revenue demand. The power to assess
the cost on lands is exercisable by a revenue officer who is of a rank not lower than that of an
Assistant or Deputy Collector or of a survey officer.
• INTIMATION OF TRANSFERS BY REGISTERING OFFICERS [Section 154]:
• Section 154 imposes duty on the registering authority to send intimation of any registration of
document by which any title in respect of agricultural land is created, assigned or
extinguished. In other words, if any document is registered creating, assigning or
extinguishing the title of any agricultural land. The registering authority must send intimation
thereof. The said intimation shall be sent to the concerned Talathi and the Tahsildar.
• In Shamran Ganpat Chintamani v. Kakasaheb Laxman Gorde, the Bombay High Court
held that the documents being registered sale deed, it is the duty of Sub Registrar/Registering
Authority to inform the transaction to Talathi as well as to the Tahsildar. It is not an
obligation on the part of plaintiff to report transaction to village officer or to revenue officer.
• CORRECTION OF CLERICAL ERRORS [Section 155] :
• If there are any clerical errors or any other errors in the records of rights or in any registers,
which are admitted by the interested parties, the Collector is empowered to correct them. But
where the revenue officer finds any such error in the records and the registers during the
course of his inspection, a notice thereof shall be given to the parties. The objections, if any,
shall be disposed off in accordance with the procedure relating to disputed entries. Thereafter,
the error shall be corrected by the Collector.
• LAND RECORDS. [Section 156] :
• Section 156 states that all prescribed land records shall be prepared for each village, in addition to
the registers and records of rights.
• PRESUMPTION OF CORRECTNESS OF ENTRIES IN RECORD OF RIGHTS AND
REGISTER OF MUTATIONS. [Section 157] :
• According to Section 157, the entries made in the records of rights and certified entries made in
register of mutations are deemed to be true. This presumption shall hold good till contrary is proved
or till any entry is replaced by another entry in the manner prescribed.
• In Dada Bhagwan Shinde v. Tulsabai w/o Narayan Shinde,’ the Bombay High Court held that
mutation does not create any right, title or interest. It has only presumptive value.
• BAR OF SUITS [Section 158] :
• If any entry has to be made or omitted or amended in any record or register, the State Government or
any officer thereof cannot be sued for the same.
• RECORD OF RIGHTS AT COMMENCEMENT [Section 159] :
• Section 159 upholds the validity of any record of rights prepared under any law till such record is
prepared in accordance with the provisions of this chapter. It says that till record of rights is prepared
under the provisions of this hapter, the existing record of rights prepared under any law shall be
deemed to be the record of rights prepared under this chapter.
3.2 – Rights in unoccupied
lands (Sections 160-167)
• Sections 160 to 167 deal with the rights in unoccupied lands. The term “unoccupied land” refers to
that land in the village which is not held by any occupant or tenant or Government lessee.
Collector prepares a scheme for management of all such unoccupied lands in the village. He also
determines certain rights on the unoccupied lands such as right to graze the cattle, right to collect
wood, kankar, morrum and sand, right to way, right to fishing etc.
• APPLICATION OF PROVISIONS OF SECTIONS 161 TO 167 [Section 160]:
• Sections 161 to 167 apply to those areas to which earlier laws were applicable.. The State
Government is empowered to notify the areas to which these provisions shall apply.
• NISTAR PATRAK [Section 161] :
• Nistar Patrak is a document which embodies the scheme of management of all unoccupied lands in
a village. It is prepared by the Collector. At the first instance, the Collector shall prepare a draft of
Nistar Patrak. This draft shall be published in the village. Thereafter the Collector shall ascertain
the wishes of the villagers in accordance with which he shall finalize the Nistar Patrak. The
Collector may modify any entry in the Nistar Patrak on the request of the village panchayat. If
there is no village panchayat, at least one-fourth of the adult villagers may make an application to
the Collector for modification of any entry in the Nistar Patrak. The Collector may make necessary
enquiry and then modify the entry as requested.
• MATTER TO BE PROVIDED FOR IN NISTAR PATRAK [Section 162] :
• Section 162 says that the Nistar Patrak shall provide for (a) the terms and conditions for
grazing of cattle in the village; (b) the terms and conditions for obtaining wood, timber,
fuel, other forest produce, moram, kankar, sand. Earth, clay, stones and minor minerals;
and (c) instructions for regulating the grazing of cattle and removal of wood, timber, fuel,
other forest produce. Moram, kankar, sand, earth, clay, stones and minor minerals
• PROVISION IN NISTAR PATRAK FOR CERTAIN MATTERS [Section 163] :
• In the Nistar Patrak, the Collector shall make provision for (a) free grazing of the village
cattle used for agriculture; (b) removal of forest product and minor minerals by the
villagers for therona fide domestic consumption for which no charge shall be levied; and
(c) granting concessions to the village craftsmen for the removal of forest product and
minor minerals for the purpose of their craft.
• RIGHT IN WASTE LAND OF ANOTHER VILLAGE [Section 164] :
• Ordinarily the villagers can exercise their right of Nistar or right of grazing the cattle on the
unoccupied lands identified by the Collector in their village only. But if the Collector is of the
opinion that such land in any village is inadequate, he may make an order thereby extending the
right of Nistar in the neighbouring village. The extent to which such rights may be exercised shall be
specified in the order. When the right to graze in neighbouring village is granted, it may be
necessary for the villagers to obtain the right of passage so as to enable them to exercise their right
to graze the cattle. For this purpose, the villagers may apply to the Collector for recording their
right of passage. If the Collector is satisfied that the right to passage applied for is necessary, he
shall pass an order declaring that such right of passage exists. The route of passage through
unoccupied land shall be determined and demarcated by the Collector. The route shall be such as to
cause minimum inconvenience to the residents of the village through which it passes. The conditions
for exercising the right to passage shall be specified in the order. The order of Collector shall be
recorded in the Nistar Patrak.
• If the waste land and the village belong to adjoining District, the right of Nistar or the right of
grazing cattle shall be granted in consultation with the Collector of that District. The orders
specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose
district the village over which such right is claimed lies. Any orders regarding route of passages
shall be passed by the Collector in whose respective jurisdiction the area over which passage is
allowed lies.
• WAJIB-UL-ARZ [Section 165] :
• The Collector prepares the record known as Wajib-ul-arz. It relates to the customs in a village with regard to
right to irrigation, right to way and right to fishing in Government lands or waters. The Collector ascertains
and records the customs of the village as to the right to irrigation and right of way in any land belonging to or
controlled or managed by the State Government or a local authority. He also ascertains and records the
customs of the village as to the right to fishing in any water belonging to or controlled or managed by the State
Government or a local authority. Such record is known as the Wajib-ul-arz of the village. The Wajib-ul-arz is
published by the Collector. If any person is aggrieved by any entry made in it, he may institute a suit in a civil
court for cancellation or modification of the same. The civil suit must be instituted within a period of one year
from the date of publication of the Wajib-ul-arz. Subject to decision of the civil court in the suit, the Wajib-ul-
arz is final and conclusive. The Collector is empowered to modify any entry or insert any new entry in the
Wajib-ul-arz, either suo motu or on the application of any person interested on any of the following conditions-
• (i) if all persons interested in such entry wish to have it modified;
• (ii) if any such entry is declared to be wrong by the civil court and a decree is passed to that effect;
• (iii) if any entry which is based on decree of court or order of revenue officer, is not in accordance with the
decree of court or order of revenue officer;
• (iv) if the decree or order on which such entry was based has subsequently been varied on appeal, revision or
review;
• (v) if the civil court has determined any custom existing in the village and passed a decree accordingly.
• REGULATION OF FISHING ETC. [Section 166] :
• Under Section 166, the State Government is empowered to make rules for regulating fishing
in the Government tanks. The State Government is further empowered to make rules for
regulating the removal of any materials from Government lands. Such rules may provide for
the issue of permits with conditions, imposition of fees for grant of permit and other
incidental matters.
• PUNISHMENT FOR CONTRAVENTION OF PROVISIONS [Section 167] :
• Section 167 provides for imposition of penalty for contravention of any provision of Section
161 to 166. Any person who (i) acts in contravention of Sections 161 to 166; or (ii) fails to
observe any entry of Wajib-ul-arz; or (iii) commits a breach of any entry of the Nistar Patrak
shall be liable to penalty. Such penalty shall be determined by the Collector after hearing the
person concerned. But the amount of penalty shall not exceed Rs.1000/-. The penalty amount
may be applied to meeting the cost of measures that are necessary to prevent loss or injury to
the public owing to such contravention, breach or non-observance. In addition to penalty, the
Collector may further order confiscation of any produce appropriated or removed by such
person from the Government lands.
 3.3 – Realization of land
revenue and other revenue
demands: Liability, priority of
claim, time for payment,
recovery, enforcement (Sections
168-184)
• It is clear that all lands are liable to pay land revenue. But the question is whose responsibility it is
to pay the land revenue and if there is a case of non-payment, who is to be held liable therefor.
Sections 168 to 223 fix the liability for payment of land revenue. They identify the persons who are
primarily liable to pay the same. If any person, who is primarily liable for payment of land revenue,
commits default in payment, these sections provide for methods to recover the arrears of land
revenue.
• LIABILITY FOR LAND REVENUE [Section 168] :
• According to Section 168, the following persons are primarily liable to pay the land revenue and
arrears thereof :
• (i) Occupant or the Government lessee-in case of unalienated land;
• (ii) Superior holder-in case of alienated land; and
• (iii) Tenant-in case of the land in his possession, if liability is fixed on him under any law. However,
such liability is restricted to the demands of the year in which the recovery is made.
• It is the liability of the above mentioned persons to pay the land revenue. If any one of them commits
default, the land revenue and arrears thereof shall be recoverable from the person who is in
possession of the land. In such a case, the person in possession shall be allowed credit for any
payments which he may have made to the person primarily liable. He shall also be entitled to refund
of said amount of land revenue, when the dues are paid by the person primarily liable.
• CLAIMS OF STATE GOVERNMENT TO HAVE PRECEDENCE OVER ALL OTHERS
[Section 169] :
• Section 169 declares that the arrear of land revenue is the paramount charge on the land
and it has precedence over any other dues. The term “paramount” means supreme,
dominant or principal. Thus the arrear of land revenue is not only the supreme charge on
the land but also has priority over any other dues. It means that where there are several
dues on a land, the arrears of land revenue shall have to be satisfied first. If the land is sold
by auction for recovery of arrears of land revenue, the sale proceeds shall be first applied
for full satisfaction of land revenue. Thereafter, if any surplus remains, other Government
dues shall be paid therefrom. The arrears of land revenue therefore have priority or
preference or precedence over any other dues, debts, demands or claims. Even the dues or
demands in respect of mortgage, judgment and decree, execution or attachment have a
lower priority than the arrears of land revenue. The Government claims which are
recoverable as arrears of land revenue shall have priority over all unsecured claims against
any land or holder thereof.
• DATES ON WHICH LAND REVENUE FALLS DUE AND IS PAYABLE [Section 170] :
• Section 170 declares the date on which the land revenue falls due and becomes payable.
The land revenue is payable for a revenue year. A revenue year is a period of 12 months
commencing from 1st of August every year and ending on 31st of July next year. According to
Section 170, the land revenue falls due on the first day of the revenue year, i.e., 1st August. It
is to be paid on the date prescribed by the State Government. The period intervening
between the 1st August and the date fixed for the is deemed to be the grace-period. The
payment of land revenue shall be required to be made on the date so fixed except when
temporary attachment and management of a village is deemed necessary. The State
Government may also allow payment of land revenue in instalments and prescribe the
persons to whom such instalments may be paid and the places where such payment may be
made. The payment of land revenue may be made in cash or by money order to the Talathi
of the village where the land of the holder is situated. Only in certain cases with the
permission of Collector, the payment is to be made to Government Treasury or in any one
village as declared by the Collector.
• TEMPORARY ATTACHMENT AND MANAGEMENT OF VILLAGE OR SHARE OF VILLAGE
[Section 171]:
• If the Collector apprehends that the land revenue of entire village or a share thereof shall not be
paid due to any reason, he may attach the same and take it under his management. Upon
attachment, the profits of the attached land shall be applied in meeting the cost of attachment,
management and revenue survey and payment of land revenue. The surplus profits, if any, may either
be kept in deposit for the eventual benefit of the entitled person or may be paid to such person from
time to time.
• After such attachment and temporary management, the Collector may lawfully let out the lands of
such village. The unoccupied lands in such village may be granted on lease for their revenue
management.
• TEMPORARY ATTACHMENT AND MANAGEMENT OF VILLAGE OR SHARE OF VILLAGE
TO BE VACATED (WITHDRAWN) ON SECURITY BEING FURNISHED [Section 172] :
• The temporary attachment and management of a village under Section 171 shall be vacated if-
• (i) the person primarily responsible to pay land revenue or the person who would be responsible for
the same in case of default, pays the cost incurred by Collector; and
• (ii) such person furnishes security for the payment of land revenue as and when payable.
• ‘ARREAR’; ‘DEFAULTER’ [Section 173] :
• If the land revenue is due but is not paid on or before the prescribed date, it becomes an arrear. The
person who is responsible for payment of such arrear becomes a defaulter.
• PENALTY FOR DEFAULT OF PAYMENT OF LAND REVENUE [Section 174] :
• The instalment of land revenue must be paid on or before the prescribed date. If it is not paid within
one month after the prescribed date, the Collector may impose a penalty up to 25% of the unpaid
amount on the wilful defaulter. However, such penalty shall not be imposed if the payment of
instalment is suspended by the State Government.
• CERTIFIED ACCOUNT TO BE EVIDENCE AS TO ARREARS [Section 175]:
• When a statement of arrears of land revenue is prepared and is duly certified, it is conclusive proof
of (i) existence of such arrears; and (ii) the defaulter. The certification must be made by the
Collector or by an Assistant or Deputy Collector or by a Tahsildar. This section provides for inter-
district recoveries based on a certified statement of accounts. As soon as the certified statement is
received, the demands of the Collector of other district may be recovered from the defaulter. Such
recovery shall be made by the Collector. Or by the Assistant Collector or by the Deputy Collector or
by the Tahsildar. Although the demand is raised by the Collector of other district, it shall be
recovered as if the demand arose in his own district. Similarly, a statement of account certified by
the Collector of Bombay may by effectuated as if it were certified by the Collector of a district.
• PROCESS OF RECOVERY OF ARREARS [Section 176] :
• When any person commits default in making payment of land revenue and resultantly, the arrears of land
revenue accrue, such arrears are recovered from the defaulter. Section 176 provides for the processes by
which arrears of land revenue may be lawfully recovered.
• Processes for recovery of arrears of land revenue from the defaulter :
• Section 176 provides for following processes of recovery-
• PROCESS NO.1 SERVICE OF WRITTEN NOTICE OF DEMAND ON THE DEFAULTER [Section 178]
• PROCESS NO.2 FORFEITURE OF THE OCCUPANCY IN RESPECT OF WHICH THE ARREAR IS DUE
[Section 179]
• PROCESS NO.3: DISTRAINT AND SALE OF THE DEFAULTER’S MOVABLE PROPERTY [Sections-180,
192, 193(2), 194, 198, 199, 200, 206 & 214]
• PROCESS NO.4: ATTACHMENT AND SALE OF DEFAULTER’S IMMOVABLE PROPERTY [Sections-181,
192, 193(1), 194, 197, 199, 201, 202 to 214]
• PROCESS NO.5 : ATTACHMENT OF THE DEFAULTER’S IMMOVABLE PROPERTY [Section-182]
• PROCESS NO.6 : ARREST AND IMPRISONMENT OF THE DEFAULTER [Sections-183 & 191]
• PROCESS NO.7: ATTACHMENT OF THE VILLAGES OR SHARES OF VILLAGES WHERE ALIENATED
HOLDING CONSISTS OF ENTIRE VILLAGE, OR SHARES OF VILLAGES [Sections-185, 186, 187, 188,
189, &190]
• REVENUE DEMANDS OF FORMER YEARS HOW RECOVERABLE [Section 177] :
• Section 177 clarifies that the processes provided in Section 176 are not confined to
recovery of arrears of land revenue for current year. They may be employed for recovery of
arrears of the past years also.
 PROCESS NO. 1: SERVICE OF WRITTEN
NOTICE OF DEMAND ON THE DEFAULTER

• WHEN NOTICE OF DEMAND MAY ISSUE [Section 178] :

• The notice of demand is one method for recovery of arrears of land revenue from the
defaulter. By such notice, the arrears of land revenue for the current year, previous year, or
any former years and any other amounts recoverable as arrears of land revenue shall be
demanded from the defaulter. A notice of demand may be issued on the day on which the
arrears of land revenue have accrued or any day thereafter. It cannot be issued prior to
accrual of arrears of land revenue but may be issued on any subsequent day after such
arrears have accrued. The Commissioner may make order for of such notices and shall fix
the cost of issuance of notices recoverable from the defaulter. The Commissioner shall also
direct which officer shall issue the notice of demand.
 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] :
• Section 179 deals with another method of recovery of arrears of land revenue, which is forfeiture of
the defaulter’s occupancy. If the arrears of land revenue have not been paid in respect of any
occupancy, the Collector is empowered to declare that such occupancy stands forfeited to the State
Government. However prior to such declaration, it is obligatory on the part of the Collector to issue
a proclamation and written notice in respect of intended declaration of forfeiture. The notice is
required to be affixed in the office of the Collector and the Tahsildar, in the chavadi and at defaulter’s
dwelling place. Only after expiration of at least 15 days from the date on which the said notices are
affixed, the Collector can proceed to declare the forfeiture of the occupancy. The effect of forfeiture is
that the interests of the holder in the property are vanished. After forfeiture, the Collector may sell or
otherwise dispose of the occupancy for recovery of arrears. The sale proceeds shall be credited to the
account of the defaulter. It is noteworthy that only that occupancy is forfeited in respect of which
arrear of land revenue is due. No other immovable property of the defaulter can be subjected to
forfeiture under this section.
 PROCESS NO. 3: DISTRAINT AND SALE
OF THE DEFAULTER’S MOVABLE
PROPERTY
• DISTRAINT AND SALE OF DEFAULTER’S MOVABLE PROPERTY [Section 180]

• For recovery of arrears of land revenue, the movable property of the defaulter may be
distrained and sold.
• Distraint means to seize or to take possession.
• The distraint shall be made by such officers as directed by the Collector.
 PROCESS NO.4 : ATTACHMENT AND
SALE OF DEFAULTER’S IMMOVABLE
PROPERTY
• SALE OF DEFAULTER’S IMMOVABLE PROPERTY [Section 181]
• The Collector may also cause the right, title and interest of the defaulter (not being a person
belonging to a Scheduled Tribe) in any immovable property other than the land on which the
arrear is due to be attached and sold..
• In order to recover the arrears of land revenue, the Collector may also attach and sell the
right, title and interest of the defaulter in any immovable property belonging to him. Such
immovable property may be other than the land on which the arrears have accrued.
However, the immovable property of any Scheduled Tribe person shall not be so attached
and sold.
 PROCESS NO.5 : ATTACHMENT OF
DEFAULTER’S IMMOVABLE
PROPERTY
• The Collector is empowered to attach the immovable property of the defaulter for recovery
of arrears of land revenue. After attaching the property, the Collector shall take it under his
management. Even the immovable property of a scheduled tribe may be attached and taken
into management. After attachment, the Collector has power to manage the attached lands
and to receive all rents and profits accruing therefrom till the land is restored to the
defaulter. The cost of attachment and management shall be recovered from the rents and
profits so received. The current land revenue shall also be paid out of such rents and profits.
Thereafter, if any surplus amount remains, it shall be applied in clearing the arrears of land
revenue which is due in respect of such lands.
• If the defaulter, whose land has been so attached under this section, desires that his land be
released from and restored to him, he may make an application to the Collector. The
limitation period for making such application is 12 years from the date of attachment.
When such application is made, the Collector shall see whether the entire arrears have
been liquidated till then. If yes, the Collector shall release the land from attachment and
restore the same to the defaulter. Even if entire arrears have not been realized but the
defaulter is willing to pay the balance thereof within a specified period, the Collector shall
release the land from attachment and restore it to the defaulter.
• If the defaulter fails to apply for restoration of land within limitation, or fails to pay the
balance amount within specified period, the Collector may sell his right, title and interest in
the attached land. The sum due to the State Government and the expenses of the sale shall
be deducted from the sale proceeds and the balance amount shall be made over to the
defaulter.
 PROCESS NO.6: ARREST AND
IMPRISONMENT OF THE DEFAULTER
• After any arrear of land revenue falls due, the defaulter may be arrested and detained in custody for recovery of the
same. But an agriculturist and a woman is exempt from such arrest and detention. The arrest may be made only if
the default is willful. If the default is not willful, no arrest shall be made. Before arresting the defaulter, an
opportunity must be given to him to show cause against his arrest and detention. After arrest, the defaulter shall be
detained in custody in the office of the Collector or of the Tahsildar. The period of detention may extend up to 10
days. However, the defaulter shall be released from detention prior to completion of 10 days if he pays following
amounts:
• (i) the arrears of land revenue due;
• (ii) the penalty imposed;
• (iii) interest on the amount of arrears of land revenue;
• (iv) cost of arrest;
• (v) cost of notice of demand; and
• (vi) cost of subsistence during detention.
• If the above amounts are not paid till expiry of 10 days, the Collector may send the defaulter in the civil prison for
imprisonment.
 NO.7 ATTACHMENT OF THE VILLAGES
OR SHARES OF VILLAGES WHERE
ALIENATED HOLDING CONSISTS OF
ENTIRE VILLAGE, OR SHARES OF
VILLAGES
• If the arrear of land revenue is due in respect of entire village or a share thereof, the
Collector may attach such village or share of a village and take it under his management.
For attachment of entire village, the Collector needs to obtain previous sanction of the
Commissioner.
• Upon attachment of entire village, the Collector is entitled to manage the lands thereof and
to receive all rents and profits accruing therefrom.
3.4 – Revenue officers –
Their powers and duties
 DIVISION OF STATE INTO
REVENUE AREAS [SECTION 3]
• For the sake of convenience of revenue administration, the
State of Maharashtra has been divided into various revenue
units. Each unit is headed by a revenue officer of a particular
rank. Powers and functions of such revenue officers are
clearly defined.
• The State Government is empowered to notify which districts
shall be included in a division; which sub-divisions shall be
included in a district; which talukas shall be included in a
sub-division; and which villages/sazas shall be included in a
taluka.
• The State of Maharashtra has been divided into revenue
areas as under-
 CONSTITUTION OF REVENUE
AREAS [SECTION 4]
By this section, following powers have been conferred upon the State Government-
(a) To specify the districts which shall constitute a division, the sub-divisions which shall constitute a district, the talukas which shall constitute a
sub-division, the villages which shall constitute a taluka, and the local area which shall constitute a village;
(b) To alter the limits of any revenue area by amalgamation or division;
(c) To abolish any revenue area; and
(d) To name or to alter the name of any revenue area;
(e) To constitute every wadi and any area outside the limits of the gaothan to be a village if it has a separate habitation and a population of not less
than three hundred.
Under sub-section (2), the Collector has been empowered to-
(a)Form a saza by arranging the villages in a taluka;
(b)Form a circle by grouping of sazas in a taluka;
(c) Alter the limits of any saza or circle;
(d) Abolish any saza or circle, so constituted.
In exercise of powers conferred by this section, the State Government has divided the State in 6 divisions, 31 Districts and 399 Talukas for the purpose
of revenue administration. For each Division, Divisional Commissioner is in-charge. The District Collector is in charge of a District. Every sub-
division is headed by Sub-Divisional Officer. Each Taluka is placed under Tahsildar. For each village or group of villages or saza, a Talathi is
appointed for revenue administration.
 CHIEF CONTROLLING
AUTHORITY IN REVENUE
MATTERS [SECTION 5]

• Divisional Commissioner is the in-charge of a Division.

• He is a revenue office. He is the chief controlling authority of his division in respect of
revenue matters.
• He functions under the superintendence, direction and control of the State Government.
 REVENUE OFFICERS IN
DIVISION [SECTION 6]

• This Section provides for appointment of a Commissioner for each Division.

• However, the same officer may be appointed as Commissioner of two or more
Divisions.
• For assisting the Commissioner, an Additional Commissioner and necessary number of
Assistant Commissioners may be appointed.
• All these appointments shall be made by the State Government.
 REVENUE OFFICERS IN
DISTRICT [SECTION 7]
Officers to be appointed by State Government :
(a) A Collector for each district who shall be in-charge of the revenue administration of that district;
(b) Additional Collectors, Assistant Collectors and Deputy Collectors to assist the Collector;
(c) A Tahsildar for each taluka – who shall be the chief officer for local revenue administration of that taluka;
(d) Additional Tahsildars or Naib-Tahsildars to assist the Tahsildar;

Officers to be placed by Collector under general orders of the State Government:

Collector may place any Assistant or Deputy Collector as in-charge of one more sub-divisions of a district. On being
so placed, such Assistant or Deputy Collector is called Sub-Divisional Officer (SDO).

Officers to be appointed by Collector :

(a) Circle Officers and Circle Inspectors to be in charge of a Circle,
(b) Talathis for a saza;
(c) Kotwals or other village servants for each village or group of villages.
 SURVEY OFFICERS
[SECTION 8]

• The State Government is empowered to appoint survey officers as may be necessary

from time to time.
• They may be designated as “Settlement Commissioner”, “Director of Land Records”,
“Deputy Director of Land Records”, “Superintendents to Land Records”, “Settlement
Officers”, “District Inspectors of Land Records” and “Survey Tahsildars”.
 COMBINATION OF
OFFICERS [SECTION 9]

• State Government may appoint one and the same person to any two or more of the
offices. It may also confer upon an officer of one denomination all or any of the
powers or duties of any other officer or officers within certain local limits.

• DELEGATION OF POWERS [Section 9A]

• The State Government may delegate its powers relating to appointment of revenue
officers in a district to any officer. However, such officer should not be below the rank
of the Collector or Superintendent of Land Records. For this purpose, the State
Government has to make an order in the Official Gazette.
 TEMPORARY VACANCIES
[SECTION 10]
• This section contemplates a situation wherein a Collector or a Tahsildar is disabled from performing
his duties or vacates his office or leaves his jurisdiction or dies.
• If Collector is disabled from performing duties/vacates office/leaves Jurisdiction/dies :
• In case where the Collector is disabled from performing his duties or vacates his office or leaves his
jurisdiction or dies, the Additional Collector shall temporarily take over his office. If there is no
Additional Collector, the or Deputy Collector of the highest rank in the district shall temporarily take
charge of the office of Collector. Such officer shall be held to be the Collector until the Collector
resumes charge or until his successor is duly appointed and takes charge.
• If Tahsildar is disabled from performing duties/vacates office/leaves jurisdiction/dies:
• In case where the Tahsildar is disabled from performing his duties or vacates his office or leaves his
jurisdiction or dies, the Additional Tahsildar shall temporarily take over his office. If there is no
Additional Tahsildar, the Naib-Tahsildar or the senior-most subordinate revenue officer in the taluka
shall temporarily take charge of the office of Tahsildar. Such officer shall be held to be the Tahsildar,
until the Tahsildar, resumes charge or until his successor is duly appointed and takes charge.
 SUBORDINATION OF
OFFICERS [SECTION 11]

This section deals with the subordination of the revenue officers and
provides that-
(a) all revenue officers shall be subordinate to the State Government;
(b) all revenue officers in a Division shall be subordinate to the Commissioner;
(c) all revenue officers in a district shall be subordinate to the Collector;
(d) all other revenue officers including survey officers shall be subordinated, the one to the
other, in such order as the State Government may direct.
 POWERS AND DUTIES OF REVENUE
OFFICERS [SECTION 13]

• Powers and functions of Commissioner:

• The Commissioner is the in-charge of a Division. He is the highest revenue authority of his
Division. He is the chief controlling authority” of his division in respect of revenue matters.
He functions under the superintendence, direction and control of the State Government. He
exercises the powers and discharges the duties and functions in accordance with the
provisions of this Code: He enjoys the power of appeal, superintendence and control over
his subordinates, The Additional Commissioner and the Assistant Commissioner exercise the
powers and discharge the duties and functions of a Commissioner as directed by the State
Government.
The important functions of the Commissioner are briefly mentioned hereunder-
(a) Coordinate the programmes undertaken by State Government;
(b) Direct and guide the activities of Zila Parishads and Municipal Councils;
(c) As a Vice Chairman of District Planning Development Council to guide the District Officers in
performance of their activity;
(d) Supervise and control the working of revenue officers in his Division;
(e) Leadership and direction to the officers working under him at all levels;
(f) Inspection of offices of Collector, SDO, Tahsildar;
(g) As Appellate Authority, hear and decide the appeals arising out of the orders passed by the
Collector;
(h) Carry out the functions as Regional Director of Municipal Administration;
(i) Perform various functions relating to Nationalized Bank Advisory Committee, Regional
Development Corporation, Regional Housing and Area Development, Maharashtra Land Revenue
Tribunal, Tribal Development Corporation etc.
Exercise such powers and discharge such duties as the State Government may by an order in writing
confer or impose on them, subject to the control and general or special orders of the State
Government.
• Powers and functions of Collector :
•
• The Collector is the head of the District. He collects the land revenue on behalf of State Government.
He is empowered to try the matter relating to land revenue. He functions under the direction and
control of the State Government and the Commissioner. He exercises the powers and discharges the
duties and functions in accordance with the provisions of this Code. He enjoys the power of appeal,
superintendence and control over his subordinates. He may also exercise throughout his district all
the powers and discharge all the duties and functions conferred or imposed on an Assistant or
Deputy Collector. He also exercises those powers and discharges those duties and functions which
are conferred or imposed on him by the State Government by an order in writing. The Additional
Collector exercises the powers and discharges the duties and functions of the Collector as the State
Government may, by notification in the Official Gazette, direct. The Sub-Divisional Officer performs
all the duties and functions and exercises all the powers conferred upon a Collector in relation to the
sub-division in his charge. The Collector may direct any Sub-Divisional Officer not to perform
certain duties or exercise certain powers. He may reserve the same to himself or assign them to any
Assistant or Deputy Collector subordinate to the Collector. The Assistant Collector or the Deputy
Collector who is not placed in charge of a sub-division may be assigned particular duties and power
by the Collector.
• The Collector has to perform various functions:
• The functions of Collector relating to revenue include collection of land revenue;
maintenance of records of rights; permission of conversion of user of land; implementation
of land reform legislation; deciding disputes relating to land revenue; inspection of
subordinate offices and their records;
• The non-revenue functions of Collector are population census; cattle census: agricultural
census; epidemic control; pest control; relief during scarcity and natural calamities like
fire, flood, epidemic etc.; preparation of voter list for election to Parliament, Legislative
Assembly, Zila Parishad, Municipal Council, Panchayat Samiti etc.; food and civil supplies.
• The Collector exercises magisterial powers under the Code of Criminal Procedure, Arms
Act, Indian Explosives Act and Prison Rules etc.
• The Collector coordinates various activities relating to tribal welfare, programmes under
employment guarantee scheme, functions of planning and development council of district,
protection of civil rights and jail advisory committee.
• The Collector is the authority under various state acts like Bombay Police Act.
Maharashtra Cinematograph Act. Medicine and Cosmetic Preparation (Excise Duty) Act,
Mamlatdar Court Act etc
• Powers and functions of Tahsildar:
• The Tahsildar was earlier known as Mamlatdar. He is the head of a taluka or tahsil. He is
the in-charge of all revenue matters in a taluka. He exercises the powers and discharges
the duties and functions in accordance with the provisions of this Code. He shall also
exercise those powers and perform those duties that may be assigned to him by the
Collector or the State Government by an order in writing. However, such powers shall be
exercised by him subject to the control and general orders of the State Government. He has
the power of superintendence and control over his subordinates. He may employ any of his
subordinates to perform any portion of his ministerial duties. All acts and orders of such
subordinates shall be liable to revision and confirmation by Tahsildar. The Additional
Tahsildar shall exercise the powers and discharge the duties and functions of the Tahsildar
as the State Government may, by notification in the Official Gazette, direct. The Naib-
Tahsildar may be assigned the duties, functions and powers of a Tahsildar by the Collector,
subject to the orders of the State Government and of the Commissioner.
• The functions of a Tahsildar include collection of land revenue at taluka level, recovery of
arrears of land revenue, administration of land revenue, supervision and maintenance of
records of right and village accounts, supervise the crops and paisewari of crops,
inspection of the work of his subordinate officers like Talathi and clerks, audits etc.
 POWERS AND DUTIES OF SURVEY
OFFICERS, CIRCLE OFFICERS, ETC.
[SECTION 14]
• This section deals with the powers and functions of the survey officers including the Director
of Land Records and Deputy Director of Land Records, the Circle Officers and the Talathi.
• Powers and functions of Survey Officers :
• The Survey Officer is empowered to take cognizance of all matters connected with survey,
settlement and record of rights. He carries out surveys in villages on extensive scale. After
necessary survey, he determines the boundaries of holdings and fixes boundary marks to
demarcate such boundary. He conducts periodical inspection of the boundary marks so fixed.
He maintains records of survey and the records relating to classification of land. He carries
out the assessment and settlement of the land revenue He also undertakes special surveys for
private individuals and public bodies.
• Powers and functions of Circle Officers:
• The Circle Officer and the Circle Inspector exercise powers over the Talathi in his circle
and perform duties and functions as prescribed.
• Powers and functions of Talathi:
• Talathi is a revenue officer who is in-charge of a village or a saza. He collects the land
revenue, keeps the account thereof, prepares the returns and sends it to superior authority.
He maintains the land records and records of right by making regular entries as to
mutations. He maintains the crop register. He also keeps such registers, accounts and
records as determined by Collector under general orders of the State Government and the
Commissioner. He is responsible for recovery of all the dues which are recoverable as
arrears of land revenue. In case of calamities like fire, flood, earthquake etc., the Talathi
sends immediate report thereof to the superior officers like Tahsildar, Deputy Collector and
Collector. He has to attend the relief operations, civil supplies, and procurement of grains
etc. He also assists the police officer or superior revenue officers in connection with
preparation of notices, reports of inquests, deposition and examination in criminal matters.
3.5 – procedure to be
followed by revenue
officers while
conducting revenue
cases
• A Revenue Officer is an officer appointed under this Code who is engaged in the business
of land revenue. The main function of a Revenue Officer is to collect or recover the land
revenue. The officers who carry-out the job of surveys, assessment, accounts or
maintenance of records in relation with the land revenue are also Revenue Officers. The
Revenue Officers have conferred powers and assigned duties under the relevant provisions
of this Sections 224 to 245 provide the procedure which the Revenue Officers must follow in
performance of their duty.

• SUBORDINATION OF REVENUE OFFICERS [Section 224] :

• Section 224 expressly provides that while carrying-out official acts and proceedings, a
Revenue Officer shall be under control of his superior officer to whom he is subordinate. As
regards the place, time and manner of performance of duties, the Revenue Officer shall
work as per the direction of his superior officer
• POWER TO TRANSFER CASES [Section 225] :
• Section 225 empowers the State Government to transfer any case from one revenue officer to
another. Whenever it is necessary to meet the ends of justice, such transfer of case may be made.
The revenue officer to whom the case is transferred may be of equal or superior rank and he may be
deployed in same district or any other district.
• POWER TO TRANSFER CASES TO AND FROM SUBORDINATES [Section 226]:
Section 226 empowers the Commissioner, Collector, Sub-Divisional Officer or Tahsildar to transfer
the cases to and from his subordinate revenue officers Accordingly, any of above named officers may-
(i) handover any case from his file to any competent revenue officer subordinate to him, for decision;
or
(ii) withdraw any case from any revenue officer subordinate to him and may deal with it himself; or
(iii) withdraw any case from any revenue officer subordinate to him and refer the same for disposal to
any other revenue officer competent to decide it; or
(iv) make over any case from his own file to any revenue officer subordinate to him for inquiry and
report.
• POWER TO SUMMON PERSON TO GIVE EVIDENCE AND PRODUCE
DOCUMENTS [Section 227] :
• The revenue and survey officers are empowered to summon any person (i) for his
examination as a party; or (ii) to give evidence as a witness, or (iii) to produce documents.
As far as production of documents is concerned. The summoned person may be directed to
produce certain specified documents or all documents in his possession for the purposes of
any inquiry. However, such power is conferred upon the officers not below the rank of an
Aval Karkun or a District Inspector of Land Records. The person or persons so summoned
by a revenue or survey officer shall be bound to-
• (i) comply with the summons;
• (ii) attend in person or by an authorized agent as directed;
• (iii) state the truth upon any subject respecting which they are examined;
• (iv) make statements; and
• (v) produce such documents and other things as may be required.
• SUMMONS TO BE IN WRITING, SIGNED AND SEALED; SERVICE OF SUMMONS
[Section 228] :
• The revenue and survey officers are empowered to issue summons to any person to appear
for his examination or to give evidence or to produce documents. Section 228 provides for
the requirements of a summons and its service on the summoned person. The summons must
be in writing. It shall be issued in duplicate. It shall state the purpose for which it is issued,
ie, whether the appearance of summoned person is sought for his examination or for
evidence or for producing the documents. It must be signed by the issuing officer issuing
and shall bear his official seal. The service of summons shall be effected by tendering it to
the summoned person or by delivery of a copy of it to him. If the summoned person cannot
be found, a copy of summons shall be affixed to some conspicuous part of his usual
residence. If the usual residence of summoned person is in another district, the summons
may be sent by post to the Collector of that district. Such Collector shall cause its service on
the summoned person by tendering or delivering a copy of it to the summoned person or by
affixing a copy thereof at his usual residence.
• COMPELLING ATTENDANCE OF WITNESS [Section 229]:
• The person, on whom a summons has been served to attend as witness or to produce
documents, is under obligation to comply with the summons If he does not, the summoning
officer is empowered by this section to compel the attendance of such person. He may (i)
issue a bailable warrant of arrest; (ii) order him to furnish security for appearance; or (iii)
impose upon him a fine not exceeding Rs.50/-
• MODE OF SERVING NOTICE [Section 230] :
• Section 230 deals with mode of service of notices under this Code, It says that every notice
may be served upon the noticee by (i) tendering a copy to him: or (ii) delivering a copy on
him; or (iii) sending a copy to him or to his authorized agent by post. If service cannot be
made by these methods, a copy of notice may be affixed at the last known place of residence
of the notice. The copy of notice may also be affixed at some place of public resort in the
village in which the land to which the notice relates is situated. Any error in the name of
noticee or his designation; or in the description of any land, shall not render the notice void
unless substantial injustice is caused due to such error.
• PROCEDURE FOR PRODUCING ATTENDANCE OF WITNESSES [Section 231] :
• Section 230 declares that the party, desiring the attendance of witness in any formal or
summary inquiry, must apply for summons for witnesses as per the provisions of CPC.
• HEARING IN ABSENCE OF PARTY [Section 232] :
• The service of summons or notice on the opposite party is essential. The summons or the
notice must be served in the manner prescribed by Section 228 and 230 respectively. Unless
the summons or notice is duly served upon the opposite party, the proceedings cannot be
continued. For service of summons or notice, certain fee is prescribed which has to be paid
by the adversary. Without payment of such fee, the service of notice shall not be made. If the
summons or notices could not be served on the other side due to non-payment of necessary
fees, the proceeding may be dismissed in default of payment of such process fees. Upon due
service of summons or the notice. It becomes obligatory on the part of the party to appear
before the issuing officer on the date and time mentioned in the summons or notice. If such
party does not appear on the date fixed for hearing, the case may be heard and determined
in his absence or may be dismissed in default. Where any proceeding has been dismissed in
default or an ex-parte order has been passed, the aggrieved party may make application for
setting aside that order.
• Such application must be made within 30 days from the date of such order. If the proceedings
have been dismissed in default of payment of fee for service of summons, the application
must clearly state the reasons preventing the applicant from payment thereof. If any ex-parte
order has been passed due to non-appearance of the party, the applicant must bring out in
his application the sufficient cause preventing him from appearing at the hearing. On receipt
of such application, the revenue officer or survey officer shall give a notice to the opposite
party which was present on the date on which such order was passed. He shall make
necessary inquiry and either allow the application or reject it. If the application is allowed,
the order applied against shall be set aside. If the application is rejected, the applicant may
file an appeal to the appellate authority there against.
• ADJOURNMENT OF HEARING [Section 233]:
• The hearing of the proceeding may be adjourned by the revenue or survey officer from time
to time. The reasons for adjournment shall be recorded. The date and place of next hearing
shall be intimated to the parties and witnesses present at the time of the adjournment.
• MODE OF TAKING EVIDENCE IN FORMAL INQUIRIES [Section 234]:
• Section 234 prescribes the manner in which the evidence shall be recorded in all formal
inquiries. Accordingly, the evidence shall be taken down in full. It shall be in writing. It shall
be taken down in Marathi. But if the evidence is given in English, the officer may take it
down in English in his own hand and make an authenticated Marathi translation thereof,
which shall form part of the record. The evidence may be taken down by the officer making
the investigation or inquiry or in his presence, hearing, personal superintendence and
direction. The evidence so taken down shall be signed by such officer. After taking down, the
evidence, the officer shall read it out to the witness and obtain his signature on it as a token
of its correctness. If the evidence is not so taken down in full, the officer making the inquiry
shall make a memorandum of the substance of what such witness deposes. Such
memorandum shall be written by the officer with his own hand and signed by him. If such
officer is prevented from making a memorandum, he shall record the reason of his inability
to do so.
• WRITING AND EXPLANATION OF DECISIONS [Section 235]:
• After a formal inquiry, the officer shall give his decision. Such decision shall be in writing
and shall be duly signed by the officer passing it. The decision shall contain a full statement
of the grounds on which it is passed.
• SUMMARY INQUIRIES HOW TO BE CONDUCTED [Section 236]:
• Section 236 provides the procedure of summary inquiry. While conducting summary inquiry, the
revenue officer or the survey officer shall record a minute of the proceedings himself, in his own
hand. Such recording may be in English or in Marathi. It must include the material statements of the
interested parties, the material parts of the evidence, the decision and the reasons for arriving at
such decision.
• FORMAL AND SUMMARY INQUIRIES TO BE DEEMED JUDICIAL PROCEEDINGS
[Section 237] :
• Section 237 declares that a formal or summary inquiry is deemed to be a judicial proceeding and the
authority holding it is deemed a civil court for the purpose of such inquiry, The hearing and decision
of such inquiry shall be in public. The parties or their authorized agents shall have due notice to
attend.
• ORDINARY INQUIRIES HOW TO BE CONDUCTED [Section 238]:
• An inquiry, which is neither formal nor summary, shall be conducted as per general or special rules
prescribed by Government or by any authority superior to the officer conducting inquiry. Such
inquiry may be held by the officer according to his discretion and in the manner as may seem best
calculated for ascertainment of all essential facts and the furtherance of public good.
• COPIES AND TRANSLATIONS ETC., HOW TO BE OBTAINED [Section 239] :
• If any person has produced any original document or certified copy of any document for evidence in
a formal or summary inquiry, he is entitled to receive them back. If such person makes an
application therefor, such documents shall be restored back to him. However, any charges for
copying. Searches, inspection and other like matters prescribed by the State Government shall be
levied from such person.
• ARREST OF DEFAULTER TO BE MADE UPON WARRANT [Section 240] :
• Where the Code provides for arrest of the defaulter or of any other person, the arrest may be made,
but only upon a warrant issued by competent officer. In the absence of such warrant, no arrest shall
be made.
• POWER TO ENTER UPON AND SURVEY LAND [Section 241] :
• Section 241 confers the power on all revenue and survey officers to enter upon and survey the land.
They may enter upon the land, carry out survey of the land, demarcate boundaries and do other
lawful acts connected with their duty. But while doing so, they should ensure that minimum possible
damage is caused. The damage caused should be no more than what is necessary for performance
of their duties. However, entry into any building or upon any enclosed courtyard or garden attached
to a dwelling house cannot be made without the consent of the occupier. If the occupier does not
give consent, he shall be given at least twenty-four hours notice of intended entry. While making
such entry, the social and religious sentiments of the Occupier shall be kept in view.
• COLLECTOR HOW TO PROCEED IN ORDER TO EVICT ANY PERSON WRONGFULLY IN
POSSESSION OF LAND [Section 242]:
If any person is in wrongful possession of land, the Collector is empowered under this Code to evict
him. Section 242 provides as to how the Collector should proceed to evict such person. The procedure
laid down for such eviction is as under-
(i) A notice shall be served on the person in wrongful possession for vacating the land within specified
time.
(ii) If the notice is not complied with and such person refuses to vacate the land, he shall be removed
from possession;
(iii) If any resistance or obstruction is caused to the officer removing any such person, the Collector
shall hold a summary inquiry into the facts of the case.
(iv) After inquiry, if the Collector concludes that the resistance or obstruction was without any just
cause and that it still continues. He may issue a warrant for arrest of such person..
(v) Upon arrest, the Collector may commit such person to a close custody in the office of Collector or
Tahsildar.
(vi) The Collector may also send such person for imprisonment in the civil jail.
(vii) The period of imprisonment shall not exceed 30 days.
• POWER TO GIVE AND APPORTION COSTS [Section 243] :
• Section 243 empowers the revenue or survey officer to give and apportion the costs incurred
in any case or proceeding. The manner and extent of costs and its apportionment is at the
discretion of revenue or survey officer. However, the fees of a legal practitioner shall not
ordinarily be allowed as costs. But if such officer considers it necessary, he may grant such
fee as costs for which he shall record the reasons in writing.
• PERSONS BY WHOM APPEARANCES AND APPLICATIONS MAY BE MADE
BEFORE AND TO REVENUE OR SURVEY OFFICER [Section 244] :
• Section 244 says that the party to a proceeding may appear before revenue or survey officer
either personally or through its recognized agent or legal practitioner. Similarly, such party
may make applications to the revenue or survey officer either itself or by its recognized
agent or legal practitioner. However, the revenue or survey officer may direct that the party
must be present in person.
• SAVING [Section 245] :
• Section 245 declares that the provisions contained in this Chapter shall have no application
to any proceeding before the Maharashtra Revenue Tribunal.
3.6 – Appeal, Revision
and Review
• APPLICATION OF THIS CHAPTER [Section 246]:
• Section 246 declares that the provisions of this Chapter shall not apply to proceedings before the
Maharashtra Revenue Tribunal. The proceedings before the Maharashtra Revenue Tribunal are
regulated by Chapter XV of the Code and not by this Chapter, Le., Chapter XIII.
• APPEAL AND APPELLATE AUTHORITIES [Section 247] :
• An appeal is a complaint of the aggrieved party made to a superior authority about illegality of the
order passed by an inferior authority The right to appeal is available to the aggrieved party only
when the law provides for it. When the law makes certain orders appealable, it also spells out the
authority to whom appeal may be made and the time within which the appeal must be preferred. The
authority competent to entertain, hear and decide such appeal is called “Appellate Authority”.
Section 247 provides for appeal and declares that in no case the number of appeals shall exceed
two. It also declares the appellate authorities before whom an appeal against the order passed by
revenue or survey officer may be preferred. The Schedule-E appended to Maharashtra Land
Revenue Code presents in tabular form the designation of revenue or survey officer passing the
order (Column-1) and the designation of the authority before whom an appeal against such order
shall lie (Column-2). The Schedule-E is as under-
• Section 247 expressly prohibits hearing of appeal by the same officer who passed the order
appealed against, since it shall violate the settled principles of natural justice. A situation
may arise wherein, after passing the order, the Collector is promoted to the post of
Divisional Commissioner. After being so promoted, he gets the authority to hear and decide
the appeals arising out of the order passed by Collector as per Schedule-E. But he shall not
be competent to hear and decide the appeal arising out of his own order, which he had
passed in the capacity of Collector. In such case, the appeal shall be transferred to another
competent officer.
• APPEAL WHEN TO LIE TO STATE GOVERNMENT. [Section 248]:
• An appeal may be preferred to the State Government against any decision or order passed
by any of the following officers-
(i) Commissioner; or
(ii) Settlement Commissioner,
(iii) Director of Land Records;
(iv) Deputy Director of Land Records invested with powers of Director of Land Records.
• APPEAL AGAINST REVIEW OR REVISION (Section 249]:
• Any order passed in review or revision varying or reversing any order is appealable. For the purpose
of appeal, the order passed in review shall be deemed to be an original order, and the order passed
in revision shall be deemed to be an order passed in appeal.
• PERIODS WITHIN WHICH APPEALS MUST BE BROUGHT [Section 250] :
• Section 250 provides for limitation period for filing of appeal as under-
• (i) if the impugned decision or order is passed by an officer inferior to a Collector or a
Superintendent of Land Records, the limitation period is sixty days:
• (ii) in all other cases, the limitation prescribed is ninety days.
• The period of limitation shall be reckoned from the date of receipt of the impugned order by the
appellant. The time required for obtaining a copy of the impugned decision or order shall be
excluded therefrom.
• ADMISSION OF APPEAL AFTER PERIOD OF LIMITATION [Section 251] :
• The appeal must be filed before the appellate authority within the period of limitation prescribed by
Section 250. However, an appeal may be admitted after expiry of limitation if the appellant satisfies
the appellate authority about sufficiency of reasons for delay. Similarly, an application for review
may be admitted after expiry of limitation if the applicant satisfies the reviewing authority that he
had sufficient cause for not presenting it within limitation.
• APPEAL SHALL NOT BE AGAINST CERTAIN ORDERS [Section 252] :
• Section 252 specifically bars the appeal against certain orders. It states
• (i) if any appeal or review application is admitted after lapse of prescribed limitation period
under Section 251, the order admitting the appeal or review application cannot be appealed
against.
• (ii) if any application for revision or review is rejected, no appeal lies there against.
• (iii) if any application for grant of stay is allowed or rejected, it cannot be challenged by way
of appeal.
• PROVISION WHERE LAST DAY FOR APPEAL FALLS ON SUNDAY OR HOLIDAY
[Section 253] :
• The limitation period for filing an appeal is prescribed by Section 250 as 60 days and 90
days. The period of limitation starts running from the date on which the appellant receives
the impugned order. If the last day of prescribed limitation period falls on a Sunday or other
closed holiday, the appeal may be presented on the next following working day. Similar is the
provision in case of filing of application for review.
• COPY OF ORDER TO ACCOMPANY PETITION OF APPEAL [Section 254] :
• Every petition for appeal, review or revision shall be accompanied by a certified copy of the order
to which objection is made unless the production of such copy is dispensed with.
• POWER OF APPELLATE AUTHORITY [Section 255] :
• Section 255 describes the powers of appellate authority. It says that upon presentation of appeal,
the appellate authority may either admit it or reject it.
• If the appeal is admitted, the appellate authority shall fix a date of hearing and issue a notice of
appearance on such date. The notice shall be duly served on the respondent. In compliance of the
notice, the respondent must appear. If the parties appear, the appellate authority shall proceed fo
hear them. After hearing, the appellate authority may annul, confirm, modify, or reverse the order
appealed against. He shall record the reasons in writing for his decision. The appellate authority
may also direct further investigation to be made or additional evidence to be taken. He may also
remand the case for disposal.
• However, the appellate authority is under no obligation to admit the appeal. He may reject the
appeal summarily, but after calling the record of the original proceedings and after giving an
opportunity to the appellant of being heard. But if the appeal is barred by limitation or no appeal is
provided by law, the appellate authority may summarily reject the appeal even without calling for
the record.
• STAY OF EXECUTION OF ORDERS [Section 256] :
• Section 256 empowers the revenue or survey officer, the appellate authority, the revisional
authority and the reviewing authority to grant stay on the execution of orders. Any stay on
execution of any order shall be granted only in accordance with the provisions of this section.
• A revenue or survey officer may stay the execution of his own order. The period for which
such stay shall be granted is at the discretion of such officer. There are two conditions.
Firstly, that the prescribed limitation for preferring an appeal must not have expired on the
date on which the stay is granted and secondly, that no appeal must have been filed as on
such date. Thus if the limitation for presenting the appeal has lapsed, no such stay can be
granted by the revenue or survey officer. Similarly, where the limitation period is running but
the appeal challenging the order has been filed; the revenue or survey officer has no
authority to grant stay. If stay is granted, the revenue or survey officer may impose conditions
therefor or direct furnishing of security.
• An appellate authority may grant stay on execution of the order passed in original
proceedings against which the appeal has been presented before him. The period for which
the stay shall operate is at the discretion of the appellate authority. The appellate authority is
also empowered to set aside or modify any direction made by the revenue or survey officer.
He may also impose conditions for grant of stay or direct furnishing of security.
• The revisional authority may direct that the execution of the original order which is under
revision shall be stayed for such time as it may think fit. He may also impose conditions for
grant of stay or direct furnishing of security. He is empowered to set aside or modify any
direction made by revenue or survey officer under sub-section (1).
• The reviewing authority is empowered to stay the effect and operation of the order under
review. The period for which the stay shall remain operative is to be fixed by the reviewing
authority. The reviewing authority may also set aside or modify any direction made by
revenue or survey officer under sub-section (1). He may also impose conditions for grant of
stay or direct furnishing of security.
• Stay cannot be claimed as of right by any litigant. It is entirely at the discretion of the
appellate authority. But the discretion must be exercised judiciously and reasonably by
reference to the relevant reasons.
• POWER OF STATE GOVERNMENT AND OF CERTAIN REVENUE AND SURVEY
OFFICERS TO CALL FOR AND EXAMINE RECORDS AND PROCEEDINGS OF
SUBORDINATE OFFICERS [Section 257] :
• Revisional powers are conferred on certain superior revenue or survey officers to ensure that
their subordinates (i) do exercise their jurisdiction without illegality or irregularity; and (ii)
do not exercise the jurisdiction not vested in them. The power of revision is conferred by law
and the authority on which it is conferred is called “Revisional Authority”. Section 257
confers revisional powers on the State Government and on certain revenue and survey
officers. They have been specifically authorized to call for and examine the records and
proceedings of subordinate officers. The purpose is to ensure that the proceedings before
such subordinate officer do not suffer from irregularity and the decision or order passed by
him is legal and proper. Such revisional powers are exercisable by-
• (a) the State Government;
• (b) the revenue officer not inferior in rank to an Assistant or Deputy Collector.
• The Commissioner, the Settlement Commissioner, the Director of Land Records, the
Collector, the Deputy Director of Land Records, and the Superintendent of Land Records
have full revisionary powers. The Assistant or Deputy Collector can exercise such powers
only in those cases in which no formal inquiry has been held. In the cases of formal inquiry,
they are competent to call the records but are restrained from passing any order. They can
only submit the record with their opinion to the Collector. Thereafter the Collector shall pass
appropriate orders.
• Where no formal or summary inquiry has been held, a Tahsildar and a Naib-Tahsildar may
also call for and examine the proceedings held before their subordinate officer.
• (c) the survey officer not below the rank of Superintendent of Land Records.
• But where no formal or summary inquiry has been held, a District Inspector of Land
Records may also call for and examine the proceedings held before his subordinate officer.
• If any decision, order or proceeding was so called for and it appears to the revisional
authority that it is necessary to modify, annul or reverse it, he may pass appropriate orders.
However, any order affecting any question of right between private persons shall not be
varied or reversed without due notice to the interested parties and without hearing them.
• REVIEW OF ORDERS [Section 258] :
• Review means re-examination of own order. The review can be made either on application
by an interested person or suo motu. The application for review of an order shall be made to
the authority which passed the order. The grounds on which review may be sought are (i)
discovery of new and important matter or evidence; (ii) some mistake or error apparent on
face of record; (iii) any other sufficient reason. But no review can be made if the order has
been appealed against or the order is subject of any revision proceeding.
• The power of review is granted by this section to the State Government, every revenue officer and
every survey officer. Any interested party may make an application for seeking review. This power
may also be exercised by the authority on own motion. In exercise of such power, the State
Government and revenue or survey officer may review its own order and pass appropriate orders
thereon. Since the Collector is a revenue officer, he has power to review his own order. Similar
power is enjoyed by the Settlement Officer, who is a survey officer. But when the Collector or the
Settlement Officer seeks to review any order which is not passed by himself, he may do so but
subject to following restrictions-
• (i) the order sought to be reviewed by the Collector or Settlement Officer must have been passed by
another authority and not by himself,
• (ii) the ground on which the review is sought must be other than the clerical mistake;
• (iii) if the Collector seeks to review such order, prior permission of Commissioner shall be
necessary;
• (iv) if the Settlement Officer seeks to review such order, he needs prior permission of the Settlement
Commissioner;
• (v) if an officer subordinate to a Collector or Settlement Commissioner proposes to review any order
on the ground other than clerical mistake, he shall first obtain the sanction of his immediate
superior authority:
• (vi) upon review, the order may be varied or reversed but only after giving notice of
appearance to the interested parties and after hearing them;
• (vii) if any appeal has been preferred or any revision proceedings have been instituted
against any order, such order shall not be reviewed during pendency of such appeal or
revision. Even when the appeal or revision has been decided, the order cannot be reviewed
by a revenue or survey officer who is subordinate to the appellate or revisional authority.
• (viii) an order affecting any question of right between private persons can be reviewed only
on an application of a party to the proceedings. The limitation for making such application
is ninety days from the passing of the order.
• A review of any order may be made only when there is
• (i) discovery of new and important matter or evidence;
• (ii) some mistake or error apparent on face of record; or
• (iii) any other sufficient reason. Orders passed in review shall not be reviewed.
• RULES AS TO DECISIONS OR ORDERS EXPRESSLY MADE FINAL [Section 259]:
• Section 259 says that where any provision of law declares any order or decision to be final or
conclusive, it means that no appeal lies therefrom. However, State Government may exercise
its revisional power to modify, annul or reverse any such decision or order.
3.7 – Maharashtra
Revenue Tribunal
• The Maharashtra Revenue Tribunal was constituted in the State of Maharashtra under Bombay
Revenue Tribunal Act, 1957. It started functioning before commencement of Maharashtra Land
Revenue Code, 1966. The Maharashtra Land Revenue Code, 1966 came into effect from 15.8.1967
and the Bombay Revenue Tribunal Act, 1957 was incorporated therein, Section 326 of Maharashtra
Land Revenue Code, 1966 is a saving clause which grants continuity to Maharashtra Revenue
Tribunal constituted under Bombay Revenue Tribunal Act, 1957. It says that the Maharashtra
Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 shall be deemed to be
constituted under the provisions of this Code.
• In the year 2002, the State Legislature of Maharashtra enacted Maharashtra Land Revenue Code
(Amendment) Act, 2002. By this amendment, Section 326 of the Code was deleted w.e.f. 1.5.2002;
and the Maharashtra Revenue Tribunal was abolished and its powers were conferred on the
Divisional Commissioner. However, the abolition of Maharashtra Revenue Tribunal been held to be
illegal.
• In Bhagwan Bajirao Bhargude v. State of Maharashtra,’ it was held that the amending Act 25 of
2002 abolishing the Maharashtra Land Revenue Tribunal and conferring powers on the concerned
Divisional Commissioner is illegal and ultra vires the Constitution of India. The State was directed
to activate the Maharashtra Revenue Tribunal within the prescribed time.
• Thereafter, another amendment Act namely Maharashtra Land Revenue Code (Second Amendment)
Act, 2007 was enacted which was effectuated from 1.8.2008. By this amendment, Chapter XV
relating to Maharashtra Revenue Tribunal was inserted in the Code.
• DEFINITION [Section 308] :
• Section 308 defines two terms, viz. the “President” and the “Tribunal”. Accordingly, “President” means the President of the Tribunal and
“Tribunal” means the Maharashtra Revenue Tribunal constituted under Section 309.
• MAHARASHTRA REVENUE TRIBUNAL [Section 309] :
• Section 309 provides for establishing of Maharashtra Revenue Tribunal for the State of Maharashtra. It shall consist of a President and other
members. The number of members shall be determined by the State Government. The State Government shall issue a notification in the Official
Gazette to appoint number of members of the Tribunal.
• PRESIDENT AND MEMBERS [Section 310] :
• The age, qualification, tenure to the office and conditions of service in respect of the President and other members of the Tribunal shall be
prescribed.
• Qualifications of the President :
• The President shall be a person-
• (a) who is or has been a judge of a High court; or
• (b) who is an advocate qualified to be a judge of a High Court; or
• (c) who has for a period of not less than 5years held office or exercised
• the powers of the Secretary, Law and Judiciary Department, Government of Maharashtra; the District Judge; the Principal Judge of City Civil
Court, Bombay; the Chief Judge, Small Causes Court, Bombay; the Member of Industrial Court or of Maharashtra Revenue Tribunal.
• Qualifications of the Member:
• The Member shall be a person who is-
• (a) holding or has held an office not inferior to a Collector, a District Judge, or an Assistant Judge or a Civil Judge Senior Division appointed under
Bombay Civil Courts Act, 1869;
• (b) an advocate or attorney of High Court who has practised for not less than 5 years in any Civil court or before the Tribunal.
• VACANCY AND TEMPORARY ABSENCE [Section 311] :
• Section 311 makes provision to deal with the situation created due to vacancy or absence of
the President or any other member.
• The post of President or member may fall vacant due to (i) death; or (ii) resignation; or (iii)
expiry of the appointment; or (iv) termination of the appointment; or (v) any other cause. In
that case, the vacancy shall be filled by appointment of a duly qualified person. If the office
of the President has fallen vacant, the senior most member shall act as President till the State
Government makes appointment on that post. A member of the Tribunal may fall ill or may
suffer from other infirmity, rendering him unable to perform his duties. In that case, the State
• Government may appoint some other person to discharge his duties. But such appointment
shall not be for more than six months at one time. Any vacancy or temporary absence of the
President or any member shall not invalidate the constitution of Tribunal.
• REGISTRAR AND DEPUTY REGISTRARS [Section 312] :
• The State Government may publish a notification in the Official Gazette, thereby appointing
Registrar and Deputy Registrars of the Tribunal having prescribed qualifications.
• HEADQUARTERS [Section 313] :
• Section 313 declares that the Headquarters of the Tribunal shall be in Brihat Mumbai.
• PLACE OF SITTING [Section 314] :
• The Tribunal shall sit at its headquarters, i.e., Brihat Mumbai, Aurangabad and Nagpur. It may also
have sitting at any other place in the State of Maharashtra for the sake of convenience of work. Such
place of sitting shall be directed by the President with the approval of the State Government.
• JURISDICTION OF TRIBUNAL [Section 315] :
• Jurisdiction means power to hear and determine a cause and to adjudicate and exercise any judicial
power in relation to it. The term Jurisdiction of Tribunal” refers to the authority of Maharashtra
Revenue Tribunal to try and determine a cause and to adjudicate upon it. Section 315 grants
jurisdiction to the Tribunal. Accordingly, the Tribunal has both appellate and revisional jurisdictions.
In respect of original orders of the Collector, it enjoys appellate jurisdiction and in respect of appeals
decided by the Collector, it has revisional jurisdiction. Therefore, an appeal may be preferred against
the original orders of the Collector and an application for revision may be filed against an order of
the Collector passed in appeal. But an appeal or revision shall lie before the Tribunal from the cases
arising under the provisions of law specified in Schedule-J.
• The State Government is empowered to enlarge or curtail the appellate and revisional
jurisdiction of the Tribunal.
• An appeal or application for revision may be filed before the Tribunal within sixty days from
the date of the order or decision of the Collector. The provisions of Sections 4, 5, 12 and 14
of the Limitation Act, 1963, shall apply to the filing of such appeal or application for
revision. As far as revision is only three grounds are prescribed for filing an application for
revision. They are (i) the impugned order is contrary to law; (ii) Collector failed to determine
some material issue of law; and (iii) the procedure prescribed by law has not been followed
resulting into the miscarriage of justice.
• JURISDICTION BARRED IN CERTAIN CASES [Section 316]:
• Section 316 places bar on jurisdiction of Tribunal in certain cases. It states that the Tribunal
shall have no jurisdiction in any matter (i) which is sub-judice in a court; or (ii) in which the
validity of any Act, Ordinance or Regulation is in question and determination thereof is
necessary to the disposal of that matter. Consequently, the Tribunal cannot entertain and
decide a matter which is pending before any court or in which the constitutionality of any
Act, Ordinance or Regulation is under challenge.
• POWERS OF TRIBUNAL UNDER OTHER LAWS NOT AFFECTED [Section 317]:
• If any power or function in respect of any appeal or revision or proceedings is conferred on the Tribunal by any
other law, it shall not be affected by any provision in this Chapter.
• TRIBUNAL TO HAVE POWER OF CIVIL COURT [Section 318] :
• Section 318 confers upon the Tribunal all the powers of a civil court in respect of-
• (i) taking evidence on oath, affirmation or affidavit; or
• (ii) summoning and enforcing the attendance of witnesses;
• (iii) compelling discovery and the production of documents;
• (iv) requisitioning any public record from any court or office;
• (v) issuing commissions for the examination of witnesses or documents; and
• (vi) such other purpose as may be prescribed.
• It declares that the Tribunal shall be deemed to be a civil court for the purposes of Sections 195, 345 and 346
of the Code of Criminal Procedure, 1973 (2 of 1974). These provisions relate to prosecution for contempt of
lawful authority of public servants and procedure thereof.
• It further declares that the proceedings before the Tribunal shall be deemed to be judicial proceedings within
the meaning of Sections 193, 219 and 228 of the Indian Penal Code. These sections provide for punishment for
offences of (i) giving false evidence; (ii) maliciously pronouncing any order by a public servant; and (iii)
intentional insult or interruption to a public servant sitting in judicial proceedings.
• The Tribunal is also empowered to appoint any officer for administering the oath to the deponent for the
purpose of any affidavit to be filed
• PRACTICE AND PROCEDURE [Section 319] :
• The President of the Tribunal has power to make regulations for regulating the practice and
procedure of the Tribunal but with prior sanction of the State Government. The regulations made
shall be published in the Official Gazette. Such regulations may relate to-
• (i) award of costs by the Tribunal;
• (ii) levy of any process fee;
• (iii) right of audience before the Tribunal;
• (iv) sitting of the members either singly or in Benches constituted by the President;
• (v) disposal by the Tribunal or a Bench; and
• (vi) effective exercise of power and discharge of functions by the Tribunal.
• STATE GOVERNMENT TO BE HEARD IN CERTAIN CASES [Section 320] :
• The Tribunal is competent to issue notice to the State Government if it considers that the appearance
of State Government is necessary for interpretation of a law of public importance. On making
appearance, the Tribunal shall hear the State Government before deciding the question.
• The State Government may also make an application to the Tribunal that it must be heard in any
proceeding involving any question of interpretation of any provision of law of public importance. If
such application is made, the Tribunal shall not decide the question without hearing the State
Government.
• NO APPEAL TO STATE GOVERNMENT AND JURISDICTION OF COURT BARRED [Section 321] :
• An order passed by the Tribunal in exercise of its appellate or revisional jurisdiction can neither be appealed
against before State Government, nor can it be questioned in any civil or criminal proceedings.
• REVIEW OF ORDERS OF TRIBUNAL [Section 322] :
• The Tribunal is empowered to review its own order made in any case and to pass appropriate orders. Such
review may be made by the Tribunal (i) suo motu; or (ii) on the application of any interested party; or (iii) on
the application by the State Government if it has been heard under Section 320. An application for review may
be made within 90 days from the date of the order sought to be reviewed. In computing the limitation of 90
days, the provisions of the Limitation Act, 1963 shall apply. The grounds on which the Tribunal may entertain
an application for review are-
• (i) discovery of new and important matter which was not within the knowledge of the applicant at the time
when its decision was made;
• (ii) discovery of new and important evidence which could not be produced by the applicant at the time when
its decision was made;
• (iii) some mistake or error apparent on the face of the record;
• (iv) any other sufficient reason.
• In review, no order shall be varied or revised without notice of appearance to the interested parties and
without hearing them.
• MANNER OF EXECUTING ORDERS PASSED BY TRIBUNAL [Section 323] :
• The manner of execution of the orders of Tribunal is the same as that of similar orders passed by the State
Government or other competent authority.
• PROVISION FOR COURT-FEES [Section 324] :
• The provisions of the Bombay Court-fees Act, 1959 do not apply to the appeals and applications of revision
before the Tribunal. But every appeal or application made to the Tribunal must bear a court-fee stamp. If the
value of the suit property is Rs.10,000/- or less, the court-fee stamp of Rs.100/- shall be affixed. But where the
value of the suit property exceeds Rs.10,000/-, the court-fee stamp of Rs.500/- shall have to be affixed.
However, the provisions of this section shall not affect the levy of court-fee provided under any tenancy law or
special law if the Tribunal exercises any powers or functions thereunder.
• RULES [Section 325] :
• The State Government is empowered to make rules under this chapter to provide for-
• (i) the age and qualifications of the President and other members of the Tribunal;
• (ii) the period of office and the terms and conditions of service of the President and other members of the
Tribunal;
• (iii) the qualifications of the Registrar and Deputy Registrars;
• (iv) any other powers of a Civil Court which may be vested in the Tribunal.
• In exercise of powers conferred by this section, the State Government has framed rules such as Maharashtra
Land Revenue (Revenue Tribunal) Rules, 1967. These rules provide for all the above mentioned matters.