Land records & Record of Rights Maharashtra land revenue

Maharashtra land revenue code section 147 to 159 of this code deals and talk Land records & Record of Rights, correction, maps, mutation, Bar of suits .

Fine for neglect to afford information, Minor or otherwise disqualified, acquiring the land, 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.

Exemption from provisions of this Chapter, section 147 Maharashtra land revenue

The State Government may, by notification in the Official Gazette, direct that the provisions of sections 148 to 159 (both inclusive) or any part thereof, shall not be in force in any specified local area, or with reference to any class of villages or lands, or generally.

Record of rights Section 148, Maharashtra land revenue Code, Land records & Record of Rights

A record of rights shall be maintained in every village and such record shall include the following particulars.

• (a) The names of all persons (other than tenants) who are holders, occupants, owners or mortgagees of the land or assignees of the rent or revenue thereof.
• (b) The names of all persons who are holding as Government lessees or
• tenants including tenants within the meaning of relevant tenancy law.
• (c) The nature and extent of the respective interests of such person and the conditions or liabilities, if any, attaching thereto.
• (d) the rent or revenue, if any, payable by or to any of such persons.
• (e) such other particulars as the State Government may prescribe by rules made in this behalf, either generally or for purposes of any area specified therein.

Section 148 A Maintenance of record of rights, etc., by using suitable storage device, Maharashtra land revenue

The record of rights maintained under section 148 and the land records maintained under the other provisions of this Chapter may also be so maintained by using a suitable storage device.

Acquisition of rights to be reported, section 149 Maharashtra land revenue, Land records & Record of Rights

Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any rights as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land situated in any part of the State. or

Assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Talathi within three months from the date of such acquisition, and the said Talathi shall at once give a written acknowledgement of the receipt of such report to the person making it.

Minor or otherwise disqualified, acquiring the land, Maharashtra land revenue, Land records & Record of Rights

Provided that, where the person acquiring the right is minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Talathi.

Acquiring a right with permission of Collector or by virtue of a registered document, Land records & Record of Rights

Provided further that, any person acquiring a right with the permission of the Collector or by virtue of a registered document shall be exempted from the obligation to report to the Talathi.

Provided also that, where a person claims to have acquired a right with the permission of the Collector where such permission is required under the provisions of this Code. or

Any law for the time being in force, such person shall on being required by the Talathi so to produce such evidence of the order by which such permission is given as may be required by rules made under this Code.

Mortgage, easement acquiring Maharashtra land revenue code, Land records & Record of Rights

Explanation I The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882.

Mortgage Explanation II A person in whose favour a mortgage is discharged or extinguished or lease determined, acquires a right within the meaning of this section.

Explanation III For the purpose of this Chapter, the term “Talathi” includes any person appointed by the Collector to perform the duties of a Talathi under this Chapter.

Register of mutations and register of disputed cases section 150 Maharashtra land revenue

(1) The Talathi shall enter in a register of mutations every report made to him under section 149 or any intimation of acquisition or transfer under section 154 or from any Collector.

Written intimation to all persons, Mutation Maharashtra land revenue

• (2) Whenever a Talathi makes an entry in the register of mutations,
• he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi. and
• Shall give written intimation to all persons appearing from the record of rights or
• Register of mutations to be interested in the mutation. and
• To any other person whom he has reason to believe to be interested therein.

Record of rights storage device, Maharashtra land revenue, Land records & Record of Rights

Provided that, where the record of rights are maintained under section 148A by using the storage device, as soon as the Tahsildar in the Taluka receives an intimation under section 154, the Talathi in the Tahsildar office shall send it to all persons appearing from the record of rights. or

Register of mutations to be interested in the mutation and to any other person whom he has reason to believe to be interested therein and also to the concerned Talathi of the village.

By short message service or electronic mail or any such device as may be prescribed, and upon receipt of such intimation, the Talathi of the village shall immediately make an entry in the register of mutations.

Provided further that, no such intimation as provided under the first proviso shall be required to be sent by the Talathi in the Tahsildar office of the persons who have executed to document in person before the officer registering the document under the Indian Registration Act, 1908.

Objections in mutation Maharashtra land revenue code

(3) When any objection to any entry made under sub-section (1) in the register of mutations is made either orally or in writing to the Talathi.

It shall be the duty of the Talathi to enter the particulars of the objections in a register of disputed cases.

The Talathi shall at once give a written acknowledgement for the objection to the person making it in the prescribed form.

Mutations objection disposal, Maharashtra land revenue

(4) Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a Revenue or Survey Officer not below the rank of an Aval Karkun (Circle Officers). and

Orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by rules made by the State Government in this behalf.

Transfer of entries duly certified, mutation Maharashtra land revenue code

(5) The transfer of entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the State Government in this behalf.
Provided that, an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.

Tested and certified by a Circle Inspector, mutations Maharashtra land revenue

(6) Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be, shall be certified by any Revenue or Survey Officer not below the rank of an Aval Karkun in such manner as may be prescribed.

Provided that, entries in respect of which there is no dispute may be tested and certified by a Circle Inspector.

Provided further that, no such entries shall be certified unless notice in that behalf is served on the parties concerned.

Register of tenancies, Maharashtra land revenue

(7) The State Government may direct that a register of tenancies shall be maintained in such manner and under such procedure as may be prescribed by rules made by the State Government in this behalf.

(8) The Commissioner may specify, from time to time, the storage device for preparation, maintenance and updation of all registers and documents to be maintained under section 148A.

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 Maharashtra revenue

• 1) Any person whose rights, interests or liabilities are required to be, or have been entered in any record or register, under this Chapter.
• Shall be bound, on the requisition (an official order laying claim to the use of property or materials, deemed to use) of any Revenue Officer or Talathi engaged in compiling or revising the record or register.
• To furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision.
• Thereof as may be within his knowledge or in his posession or power.

Written acknowledgement before revenue officers, Maharashtra land

(2) A Revenue Officer or a Talathi to whom any information is furnished or before whom any document is produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement.

Thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production.

And the date thereof and may return the same immediately after keeping a copy of it, if necessary.

Liable to pay land revenue, Maharashtra land revenue

(3) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue there for), on making an application in that behalf in writing, may be supplied by the Talathi with a booklet containing a copy of the record of rights pertaining to such land.

Booklet of records, Maharashtra land revenue

4) The booklet shall also contain information regarding the payment of land revenue in respect of land and other Government dues by the holder or, as the case may be.

The tenant and also information as respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts and such other matters as may be prescribed.

(5) Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf.

Such rules may provide for fees to be charged for preparing, issuing and maintaining the booklet. The fees so charged may, subject to the orders of the State Government, if any, be retained by Revenue Officer preparing, issuing and maintaining the booklet.

Booklet is prepared, before coming into force of this Maharashtra land revenue code

(6) Where any booklet is prepared, issued or maintained immediately before the coming into force of this Act, such booklet shall be deemed to have been prepared, issued and maintained in accordance with the provisions of this Act.

And the rules made thereunder until provision is made for preparing, issuing and maintaining the booklet in any other form or manner under the rules made in that behalf by the State Government.

(7) Every information in so far as it relates to the record of rights, contained in the booklet prepared, issued or maintained or deemed to have been prepared.

Issued or maintained in accordance with the provisions of this Code and the rules made there under.

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 Maharashtra land revenue

Any person neglecting to make the report required by section 149, or furnish the information or produce the documents required by section 151.

Within the period specified in that section shall be liable, at the discretion of the Collector, to be charged with a fine not exceeding five rupees, which shall be leviable as an arrear of land revenue.

Requisition of assistance in preparation of maps, section 153 Maharashtra land revenue

Subject to rules made in this behalf by the State Goverment,

• (a) Any Revenue Officer or a Talathi may for the purpose of preparing or revising any map or plan required for, or in connection with any record.
• Or register under this Chapter exercise any of the powers of a Survey Officer under sections 80 and 81.
• Except the power of assessing the cost of hired labour under section 81, and
• (b) any Revenue Officer of a rank not lower than that of an Assistant or Deputy Collector or of a Survey Officer may assess the cost of the preparation or revision of such map or plan.
• And all contingent expenses,
• including the cost of clerical labour and supervision, on the lands to which
• such maps or plans relate and such costs shall be recoverable as a revenue demand.

Intimation of transfers by registering officers section 154 Maharashtra land revenue

When any document purporting to create, assign or extinguish any title to, or any charge on, land used for agricultural purposes. or

In respect of which a record of rights has been prepared is registered under the Indian Registration Act, 1908, the officer registering the document shall send intimation to the Talathi of the village in which the land is situate.

And to the Tahsildar of the taluka, in such form and at such times as may be prescribed by rules made under this Code.

Correction of clerical errors section 155 Maharashtra land revenue, Land records & Record of Rights

The Collector may, at any time, correct or cause to be corrected any clerical errors and any errors which the parties interested admit to have been made in the record of rights. or

Registers maintained under this Chapter or which a Revenue Officer may notice during the course of his inspection.

Provided that, when any error is noticed by a Revenue Officer during the course of his inspection.

No such error shall be corrected unless a notice has been given to the parties and objections,

If any, have been disposed of finally in accordance with the procedure relating to disputed entries.

Land records Section 156 Maharashtra land revenue code, Land records & Record of Rights

In addition to the map, the registers and the record of rights, there shall be prepared for each village such other land records as may be prescribed.

Presumption or correctness of entries in record of rights and
register of mutations section 157 Maharashtra land

An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted there for.

Bar of suits section 158 Maharashtra land revenue code

No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended.

Records of rights at commencement of Code, section 159 Maharashtra land revenue code

Until the record of rights of any area in the State is prepared in accordance with the provisions of this Chapter.

The existing record of rights in force in that area under any law for the time being in force (including the record of rights prepared under section 115 of the Madhya Pradesh Land Revenue Code, 1954), shall be deemed to be the record of rights prepared under this Chapter.