LexThe Maharashtra Commissioners of Divisions Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1958 : Mah. VIII] 1
THE MAHARASHTRA COMMISSIONERS OF DIVISIONS ACT.
[Text as on 31st January 2024]
—————
CONTENTS
PREAMBLE .
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Amendments to enactments; power of State Government to confer power and impose duties
on Commissioners under any law.
4. Repeal of Bom. XXVIII of 1950 and C. P. and Berar Act LXI of 1948.
5. Pending legal proceedings.
6. Construction of references to Divisional Officers or Directors of Local Authorities in
existing law.
7. Construction of references in instruments or documents.
8. Pending proceedings before the Divisional Officer or Director of Local Authorities, etc.
SCHEDULE
2 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 3
LIST OF AMENDMENT ACT
1. Amended by Mah. 24 of 2012
4 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 5
BOMBAY ACT No. VIII OF 19581
[THE MAHARASHTRA COMMISSIONERS OF DIVISIONS ACT.]
[This Act received the assent of the President on the 8th January 1958; assent
was first published in the “Bombay Government Gazette”, Part IV, on the
10th January 1958.]
An Act to provide for the offices of Commissioners of divisions in the State of
Bombay, for prescribing their powers and duties and to make provisions
consequent on the provision for such offices and for certain other matters.
WHEREAS it is expedient to provide for the offices of Commissioners of divisions in the State of
Bombay, for prescribing their powers and duties and to make provisions for matters consequent on the
provision for such offices and for certain other matters; It is hereby enacted in the Eighth Year of the
Republic of India as follows :––
1. Short title, extent and commencement. — (1) This Act may be called 2[the Maharashtra
Commissioners of Divisions Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It shall come into force on such date 4as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context requires otherwise,––
(a) “Commissioner” shall mean, the Commissioner of a division appointed under the law
relating to land revenue as amended by the Schedule to this Act;
(b) “Director of Local Authorities” means the Officer appointed for the time being by the
State Government to be the Director of Local Authorities;
(c) “division” means the territories formed into a division under the 5Bombay Land Revenue
Code, 1879 (Bom. V of 1879), 6[. . . . . .] or under the Madhya Pradesh Land Revenue Code,1954
(M.P. Act II of 1955), or under the 7Hyderabad Land Revenue Act (Hyd. Act VIII of 1317F);
(d) “Divisional Officer” means an officer appointed as such, immediately before the
commencement of this Act, under the provisions of––
(i) 8[ ].
(ii) 9[ ].
(iii) section 9 -A of the 10Madhya Pradesh Land Revenue Code, 1954
(M.P Act II of 1955) , read with Government Notification in the Revenue Department No.
RVA. 1556-R, dated 1st November 1956; or
(iv) section 4 of the 11Hyderabad Land Revenue Act (Hyd. Act VIII of 1317F.);
(e) “existing law” means any enactment of a Legislature or other competent authority in
relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution in force
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, page 281.
2 The short title of the Act was amended for “the Bombay Commissioners of Divisions Act, 1957” by Mah. 24 of 2012,
Sch., entry 65, with effect from 1-5-1960.
3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4 3rd day of March 1958, vide G.N., F.D., R.D., No. RVA. 2557/170960-R, dated the 27th February 1958.
5 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
6 These words were deleted, ibid. Schedule.
7 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
8 Sub-clause (i) was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960,
Schedule.
9 Sub-clause (ii) was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960,
Schedule.
10 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
11 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
6 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
in any part of the State immediately before the commencement of thi s Act and includes any rule,
bye-law, regulation, order, notification, scheme, form or other instrument having the force of law
made, prescribed or issued under any such enactment;
(f) “Schedule” means the Schedule appended to this Act.
3. Amendments to enactments; power of State Government to confer powers and impose
duties on commissioners under any law. — (1) For the purposes of constituting offices of
Commissioners of divisions and conferring powers and imposing duties on Commissioners and for
certain other purposes, the enactments specified in column 1 of the Schedule to this Act shall be
amended in the manner and to the extent specified in column 2 thereof.
(2) The Commissioner of a division, appointed under the law relating to land revenue as amended
by the said Schedule, shall exercise the powers and discharge the duties conferred and imposed on the
Commissioner by any law for the time being in force, including the enactments referred to in sub -
section (1) as amended by the said Schedule.
(3) The State Government may by notification in the Official Gazette amend or delete any entry
in the Schedule for the purpose of imposing any conditions or restrictions on the exercise of powers
and discharge of duties conferred or imposed on the Commissioner or withdrawing them, as the case
may be, and the Schedule shall be amended accordingly.
(4) The State Government may confer and impose on the Commissioner powers and duties under
any other enactment for the time being in force and for that purpose may, by a notification in the
Official Gazette, add to or specify in the Schedule the necessary ad aptations and modifications in that
enactment by way of amendment; and thereupon,––
(a) every such enactment shall accordingly be amended and have effect subject to the
adaptations and modifications so made, and
(b) the Schedule to this Act shall be deem ed to be amended by the inclusion therein of the
said provision for amending the enactment.
(5) The State Government may at any time in like manner cancel a notification under sub -
section ( 4), and thereupon the relevant enactment shall stand unamended by t he cancelled
notification and the Schedule shall be altered accordingly.
4. Repeal of Bom. XXXVIII of 1950 and C.P. and Berar Act LXI of 1948.— (1) On the
commencement of this Act, the Bombay Commissioners (Abolition of Office) Act, 1950
(Bom. XVIII of 1950) and the Central Provinces and Berar Commissioners (Construction of
References) Act, 1948 (C.P. and Berar Act LXI of 1948), shall be repealed.
(2) The repeal referred to in sub-section (1) shall not affect––
(a) any legal proceedings to which the St ate Government or any officer or authority (other
than the Divisional Officer or Director of Local Authorities) is a party; and any such proceedings
shall, subject to the provisions of any law for the time being in force, be continued and disposed
of as if this Act had not been passed;
(b) any powers or duties, other than those conferred or imposed by or under the provisions
of this Act on the Commissioner, which immediately before the commencement of this Act may
have been conferred or imposed by the Stat e Government on any officer or authority other than a
Divisional Officer or a Director of Local Authorities or which were exercisable or discharged by
the State Government; or
(c) any appointment, notification, order, rule, regulation, bye -law, form, inst rument or
document made, prescribed, issued or executed or deemed to have been made, prescribed, issued
or executed by the State Government or by any officer or authority under or with reference to the
provisions of any existing law and any such appointmen t, notification, order, rule, regulation,
bye-law, form, instrument or document shall be valid and continue in operation unless and until it
is superseded or modified by a competent authority.
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 7
5. Pending legal proceedings.— If at the commencement of this Act, any legal proceedings are
pending to which a Divisional Officer or Director of Local Authorities is a party, the Commissioner
shall be substituted for the Divisional Officer or the Director of Local Authorities in the said
proceedings.
6. Construction of references to Divisional Officers or Directors of Local Authorities in
existing law. — Subject to the provisions made in the Schedule, all existing laws shall, unless the
context otherwise requires, be construed as if references therein to the Divisi onal Officer, or, as the
case may be, to the Director of Local Authorities were references to the Commissioner.
7. Construction of references in instruments or documents. — All instruments or documents
executed or made before the commencement of this Act under or with reference to any existing law or
any enactment specified in the Schedule shall, unless the context otherwise requires, be construed as if
references therein to the Divisional Officer or the Director of Local Authorities were references to the
Commissioners.
8. Pending proceedings before the Divisional Officer or Director of Local Authorities,
etc.— All proceedings including proceedings by way of appeals, revision or review pending under any
existing law before the State Government or a Divisional Officer or Director of Local Authorities or
any other officer or authority immediately before the commencement of this Act shall, where disposal
of the proceedings fall s within the purview of the powers and duties of the Commissioner, be
transferred to the Commissioner for disposal according to law.
8 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE
1 2
1The Bombay
Land Revenue
Code, 1879
(Bom. V of
1879).
1. For sections 4, 5, 6 and 6-A, the following shall be substituted, namely :––
“4. Chief controlling authority in revenue matters. — The chief
controlling authority in all matters connected with the land revenue shall vest in
the Commissioner, subject to the State Government.
5. Formation of divisions.— The State Government may, by notification in
the Official Gazette, specify the territories, being territories to which this Act
extends, which shall form a division and by a like notification alter the limits of
the division so formed.
6. Commissioner for each division. — On the commencement of the
Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958) , there
shall be a Commissioner for each division :
Provided that nothing in this section shall preclude the appointment of the same
officer as Commissioner for two or more divisions.
6A. Appointment of Commissioners; their power and duties .— (1) The
Commissioners of divisions shall be appointed by the State Government.
(2) The Commissioners shall exercise the powers and discharge the duties
conferred and imposed on a Commissioner under this Act or under any law for
the time being in force, and so far as is consistent therewith all such other
powers or duties of appeal, superintendence and control within their respective
divisions, and over the officers subordinate to them as may from time to time
be prescribed by the State Government.
(3) The Commissioners shall also, subject to the control and the general or
special orders of the State Government, exercise such powers and discharge
such duties, as the State Government may confer or impose on them for the
purpose only of carrying out the provisions of any law for the time being in
force, and so far as is consistent therewith.
6B. Additional Commissioners. — (1) The Sta te Government may appoint
in a division an Additional Commissioner as it may deem expedient. The
Additional Commissioner shall exercise such powers and discharge such duties
of the Commissioner in his division under the provisions of thi s Act or any law
for the time being in force, as the State Government may, by notification in the
Official Gazette, specify in that behalf.
(2) An Additional Commissioner appointed under sub-section (1) shall not be
subordinate to the Co mmissioner except in such matters as the State
Government may, by general or special order, specify in this behalf.
6C. Assistant Commissioners.— The State Government may also appoint
so many Assistant Commissioners as may be expedient to assist the
Commissioner. The Assistant Commissioners shall be subordinate to the
Commissioner, and shall exercise such powers and discharge such duties of the
Commissioner in a division or part there of under this Act or under any law for the
time being in force as the Commissioner, with the previous permission of the State
Government, may direct.”.
2. In section 7, after the words “Each division” the words “under the control of the
Commissioner” shall be inserted.
1 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 9
SCHEDULE–Contd.
1 2
3. In section 8, after the words “Collector and who”, the words “shall be
subordinate to the Commissioner of his division and” shall be inserted.
4. In section 8A, after the words “deem fit”, the words “The Additional
Collector shall be subordinate to the Commissioner of his division” shall be
inserted.
5. In section 13, after the words “State Government”, where they occur for
the third time, the words “and of the Commissioner” shall be inserted.
6. In section 14, after the words “be passed” the words “by the
Commissioner, or” shall be inserted.
7. In section 17, after the words “general orders of the State Government”,
the words “and of the Commissioner” shall be inserted.
8. In section 37A, for the words “State Government”, except in the
expression “which is the property of the State Government”, the word
“Commissioner” shall be substituted.
9. In sections 39 and 159, for the words “State Government”, and in section
82, for the words “State Government”, where they occur for the second time, the
word “Commissioner” shall be substituted.
10. In section 152,––
(a) for the words “State Government”, the word “Commissioner” shall
be substituted; and
(b) after the words “such notices, and” the words “with the sanction of
the State Government” shall be inserted.
11. In sec tion 183, after the words “sanc tioned by” the words “the
Commissioner under the orders of” shall be inserted.
12. In section 204, after the words “order passed” the words “by a
Commissioner or” shall be inserted.
1. Chief controlling authority in revenue matters. — For sections 4 and 5, the
following shall be substituted, namely :––
1The Bombay
Land Revenue
Code, 1879
(Bom. V of
1879), as
extended to the
Kutch area of
the State of
Bombay under
the Part C
States (Laws)
Act, 1950
(XXX of 1950).
“4. The Chief controlling a uthority in all matters connected with the land
revenue shall vest in the Commissioner, subject to the State Government.
1 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
10 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE–Contd.
1 2
5. Formation of division.— The State Government may, by notification in
the Official Gazette , specify the territories being territories to which this Act
extends which shall form a division and may by like notification alter the limits
of the division so formed.
6. Commissioner for each division .— On the commencement of the
Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958), there shall
be a Commissioner for each division :
Provided that nothing in this section shall preclude the appointment of the
same officer as Commissioner for two or more divisions.
6A. Appointment of Commissioners; their powers and duties. — (1)
The Commissioners of divisions shall be appointed by the State Government.
(2) The Commissioners shall exercise the powers and discharge the duties
conferred and imposed on a Commissioner under this Act or under any law for
the time being in force and so far as is consistent therewith, all such other
powers or duties of appeal, superintendence and control within their respective
divisions, and over the officers subordinate to them as may, from ti me to time,
be prescribed by the State Government.
(3) The Commissioners shall also, subject to the control and the general or
special orders of the State Government, exercise such powers and discharge
such duties, as the State Government may confer or i mpose on them for the
purpose only of carrying out the provisions of any law for the time being in
force, and so far as is consistent therewith.
6B. Additional Commissioners. — (1) The State Government may
appoint in a division an Additional Commissioner as it may deem expedient.
The Additional Commissioner shall exercise such powers and discharge such
duties of the Commissioner in his division under the provisions of this Act, or
any law for the time being in force, as the State Government may, by
notification in the Official Gazette, specify in that behalf.
(2) An additional Commissioner appointed under sub -section (1) shall not
be subordinate to the Commissioner except in such matters as the State
Government may, be general or special order, specify in this behalf.
6C. Assistant Commissioners. — The State Government may also
appoint so many Assistant Commissioners as may be expedient to assist the
Commissioner. The Assistant Commissioners shall be subordinate to the
Commissioner and shall exercise s uch powers and discharge such duties of the
Commissioner in a division or part thereof under this Act or under any law for
the time being in force as the Commissioner, with the previous permission of
the State Government, may direct.”.
2. In section 8, f or the words “State Government”, where they occur for
the second time, the words “Commissioner of his division” shall be substituted.
3. In section 13, after the words “State Government”, where they occur for
the third time, the words “and of the Commissioner” shall be inserted.
4. In section 14, for the words “State Government”, the word
“Commissioner” shall be substituted.
5. In section 17, after the words “general orders of the State Government”,
the words “and of the Commissioner” shall be inserted.
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 11
SCHEDULE–Contd.
1 2
6. In section 37A, for the words “State Government”, except in the
expression “which is the property of the State Government”, the word
“Commissioner” shall be substituted.
7. In sections 39 and 159, for the words “State Government”, the word
“Commissioner” shall be substituted.
8. In section 49, for the words “State Government”, the word “Collector”
shall be substituted.
9. In section 152,––
(a) for the words “State Government”, the word “Commissioner”
shall be substituted;
(b) after the words “issue of such notices, and” the words “with the
sanction of the State Government” shall be inserted.
10. In section 154, after the words “officers as the” words “Collector
under the orders of the” shall be inserted.
11. In section 183, after the words “sanctioned by” the words “the
Commissioner under the orders of” shall be inserted.
12. In section 204, for the word “Collector” wherever it occurs, the word
“Commissioner” shall be substituted.
1The Bombay
Land Revenue
Code, 1879
(Bom. V of
1879), as adapted
and applied to the
Saurashtra area of
the State of
Bombay by the
State of
Saurashtra
(Application of
Central and
Bombay Acts),
Ordinance, 1948
(Sau. Ord. XXV
of 1948).
1. For sections 4, 5 and 6, the following shall be substituted, namely :––
“4. Chief controlling authority in revenue matters. — The Chief
controlling authority in all matters connected with the land revenue shall vest in
the Commissioner, subject to the State Government.
5. Formation of division. — The State Government may by notification
in the Official Gazette, specify the territories being territories to which this Act
extends which shall form a division and may by a like notification alter the
limits of the division so formed.
6. Commissioner for each division. — On the commencement of the
Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958) , there
shall be a Commissioner for each division :
Provided that nothing in this section shall preclude the appointment of the
same officer as Commissioner for two or more divisions.
6A. Appointment of Commissioners; the ir powers and duties. —
(1) The Commissioners of divisions shall be appointed by the State
Government.
(2) The Commissioner shall exercise the powers and discharge the duties
conferred and imposed on a Commissioner under this Act or under any law for
the time being in force and so far as inconsistent therewith all such other powers
or duties of appeal, superintendence and control within their respective
divisions, and over the officers subordinate to them as may, from time to time,
be prescribed by the State Government.
1 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
12 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE–Contd.
1 2
(3) The Commissioners shall also, subject to the control and the general or
special orders of the State Government, exercise such powers and discharge
such duties as the State Government may confer or impose on them for the
purpose only of carrying out the provisions of any law for the time being in
force, and so far as is consistent therewith.
6B. Additional Commissioners. — (1) The State Government may
appoint in a division an Additional Commissioner as it may deem expedient.
The Additional Commissioners shall exercise such powers and discharge such
duties of the Commissioner in his division under the provisions of this Act or
any law for the time being in force, as the State Government may, be
notification in the Official Gazette, specify in that behalf.
(2) An additional Commissioner appointed under sub -section (1) shall not
be subordinate to the Commissioner except in such matters as the State
Government may, by general or special order, specify in this behalf.
6C. Assistant Commissioners.— The State Government may also
appoint so many Assistant Commissioners as may be expedient to assist the
Commissioner. The Assistant Commissioners shall be subordinate to the
Commissioner, and shall exercise such powers and discharge such d uties of the
Commissioner in a division or part thereof under this Act or under any law for
the time being in force as the Commissioner, with the previous permission of
the State Government, may direct.”.
2. In section 8, after the word “Commissioner”, t he words “of this
division” shall be inserted.
3. In section 37A, for the words “Government of Bombay”, except in the
expression “which is the property of the State of Bombay”, the word
“Commissioner” shall be substituted.
4. In section 49, for the word “Commissioner” the word “Collector” shall
be substituted.
5. In section 154, for the word “Commissioner” the word “Collector” shall
be substituted.
6. In section 203, sub-section (2) shall be deleted.
1The Hyderabad
Land Revenue
Act (Hyd. Act
VIII of 1317F.).
1. Throughout the Act, for the words “Divisional Officer” and “Divisional
Officers”, the words “Commissioner” and “Commissioners” shall respectively,
be substituted.
2. For sections 3 and 4, the following shall be substituted, namely :––
3. Chief controlling authority in revenue matters. — The Chief
controlling authority in all matters connected with the land revenue shall vest in
the Commissioner, subject to the State Government.
4. Formation of divisions.— The State Government may, by notification
in the Official Gazette, constitute the whole of the Hyderabad area of the State
of Bombay or any part thereof into a division and may by a like notification
alter the limits of the division so constituted.
4A. Commissioners for each division. — On the commencement of the
Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958) , there
shall be a Commissioner for each division :
1 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 13
SCHEDULE–Contd.
1 2
Provided that nothing in this section shall preclude the appointment of the
same officer as Commissioner for two or more divisions.
4B. Appointment of Commissioners; the ir powers and duties. — (1)
The Commissioners of divisions shall be appointed by the State Government.
(2) The Commissioners shall exercise the powers and discharge the duties
conferred and imposed on a Commissioner under this Act or under any law for
the time being in force and so far as is consistent therewith all such other
powers or duties of appeal, superintendence and control within their respective
divisions and over the officers subordinate to them as may, from time to time,
be prescribed by the State Government.
(3) The Commissioners shall also, subject to the control and the general or
special orders of the State Government, exercise such powers a nd discharge
such duties, as the State Government may confer or impose on them for the
purpose only of carrying out the provisions of any law for the time being in
force, and so far as is consistent therewith.
4C. Additional Commissioners. — (1) The State Government may
appoint in a division, an Additional Commissioner as it may deem expedient.
The Additional Commissioner shall exercise such powers and discharge such
duties of the Commissioner in his division under the provisions of this Act or
any law for the time being in force as the State Government may, by
notification in the Official Gazette, specify in that behalf.
(2) An additional Commissioner appointed under sub -section (1) shall not
be subordinate to the Commissioner except in such matters as the State
Government may, by general or special order, specify in this behalf.
4D. Assistant Commissioners. — The State Government may also
appoint so many Assistant Commissioners as may be expedient to assist the
Commissioner. The Assistant C ommissioners shall be subordinate to the
Commissioner and shall exercise such powers and discharge such duties of the
Commissioner in a division or part thereof under this Act or under any law for
the time being in force as the Commissioner with the previous permission of the
State Government may direct.”.
3. In section 6, the following shall be added at the end, namely :––
“The Additional Collector shall be subordinate to the Commissioner but
shall not be subordinate to the Collector except in respect of such matters as the
State Government may, by general or special order, specify in this behalf.”.
4. In section 7, the words “or Divisional Officers” shall be deleted.
5. In section 61, in sub -section (2), for the word “Government”, the word
“Commissioner” shall be substituted.
6. In section 123, for the words “ The Government” the words “The
Commissioner, with the sanction of the State Government” shall be substituted.
7. In section 158, for sub -sections ( 2) and ( 2A) the following shall be
substituted, namely :––
“(2) Subject to the provisions in the Bombay Revenue Tribunal Act,
1939 (Bom. XII of 1939), an appeal shall lie to the State Government from any
decision or order passed by a Commissioner or Nazim of Survey Settlement or
of Land Records except in the case of any decision or order passed by such
officer on second or third appeal.”.
14 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE–Contd.
1 2
1The Madhya
Pradesh Land
Revenue Code,
1954 (M.P. Act II
of 1955).
1. Throughout the Act, for the words “Deputy Commissioner” and
“Deputy Commissioners” the words “Collector” and “Collectors” shall,
respectively, be substituted.
2. In section 2, in sub-section (1), clause (4) shall be deleted.
3. Section 9A shall be deleted.
4. In section 10,––
(a) before the words “Settlement Commissioner” the word
“Commissioner;” shall be inserted ;
(b) for the words and brackets “Assistant Commissioners (of the first
and second grades)” the words “Assistant Collectors; Deputy Collectors;”
shall be substituted.
5. After section 11, the following shall be inserted, namely :––
11A. Chief controlling autho rity in revenue matters. — The Chief
controlling authority in all matters connected with the land revenue shall vest in
the Commissioner, subject to the State Government.
11B. Formation of divisions. — The State Government may, by
notification in the Official Gazette, constitute the whole of the Vidarbha region
of the State of Bombay or any part thereof into a division and may, by a like
notification, alter the limits of the division so constituted.
11C. Commissioner for each division. — On the commencement of the
Bombay Commissioners of Divisions Act, 1957 (Bom. VIII of 1958) , there
shall be a Commissioner for each division :
Provided that nothing in this section shall preclude the appointment of the
same officer as Commissioner for two or more divisions.
11D. Appointment of Commissioners; their powers and duties.— (1)
The Commissioners of divisions shall be appointed by the State Government.
(2) The Commissioners shall exercise the powers and discharge the duties
conferred and imposed on a Commissioner under this Act or under any law for
the time being in force and so far as is consistent therewith, all such other
powers or duties of appeal, sup erintendence and control within their respective
divisions, and over the officers subordinate to them as may, from time to time,
be prescribed by the State Government.
(3) The Commissioners shall also, subject to the control and the general or
special orders of the State Government, exercise such powers and discharge
such duties as the State Government may confer or impose on them for the
purpose only of carrying out the provisions of any law for the time being in
force, and so far as is consistent therewith.
11E. Additional Commissioners. — (1) The State Government may
appoint in a division an Additional Commissioner as it may deem expedient.
The Additional Commissioner shall exercise such powers and discharge such
duties of the Commissioner in his di vision under the provisions of this Act or
any law for the time being in force as the State Government may, by
notification in the Official Gazette, specify in that behalf.
1 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 15
SCHEDULE–Contd.
1 2
(2) The Additional Commissioner appointed under sub -section (1) shall not be
subordinate to the Commissioner except in such matters as the State
Government may, by general or special order, specify in this behalf.
11F. Assistant Commissioner s.— The State Government may also
appoint so many Assistant Commissioners as may be expedient to assist the
Commissioner. The Assistant Commissioners shall be subordinate to the
Commissioner, and shall exercise such powers and discharge such duties of the
Commissioner in a division or part thereof under this Act or any law for the
time being in force as the Commissioner, with the previous permission of the
State Government, may direct.”.
6. In section 13, after the words “Deputy Commissioner”, where they
occur for the first time, the words “who shall be subordinate to the
Commissioner and” shall be inserted.
7. In section 14, after sub -section (3), the following new sub -section shall
be added, namely :––
“(4) The Additional Collector appointed under sub-section (1) shall not be
subordinate to the Collector except in such matters as the State Government
may, by general or special order specify in this behalf.”.
8. In section 15,––
(a) for the words “Assistant Commis sioners of the first and second
grades” the words “ Assistant or Deputy Collectors” shall be substituted;
(b) in the marginal note, for the words “Assistant Commissioners”
the words “Assistant or Deputy Collectors” shall be substituted.
9. In section 18,––
(1) in sub-section (1), for the words “any Assistant Commissioner of
the first grade” the words “any Assistant or Deputy Collector” shall be
substituted;
(2) in sub-section (2), for the words “Such Assistant Commissioner”
the words “Such Assistant or Deputy Collector” shall be substituted.
10. In section 20, for the words “Assistant Commissioner”, at both the
places where they occur, the words “Assistant or Deputy Collector” shall be
substituted.
11. In section 26, for the words “A Deputy Commissioner”, at both the
places wh ere they occur, the words “A Commissioner, a Collector” shall be
substituted.
12. In section 41,––
(1) in sub-section (1)––
(a) after the words “Save where it has been otherwise provided”, the
words and figures “and subject to the provisions in the Bombay Revenue
Tribunal Act, 1939” (Bom. XII of 1939), shall be inserted;
(b) for clause ( e), the following new clauses shall be substituted,
namely :–
“(e) if such order is passed by a Collector exercising the powers of
a Collector to the Commissioner;
(e-i) if such order is passed by a Collector exercising the powers
of a Settlement Officer during the currency of the term of settlement to
the Settlement Commissioner;”;
(c) in clause ( g), for the word “Board”, the words “State
Government” shall be substituted;
16 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE–Contd.
1 2
(d) after clause (g), the following clause shall be inserted, namely :––
“(h) if such order is passed by the Commissioner to the State
Government.”;
(2) in sub -section (3), for the words “to the Board” the words, brackets,
letters and figures “to the Commissioner or, as the case may be, the Settlement
Commissioner under clauses (e) and (e-i) of sub-section (1), respectively” shall
be substituted.
13. In section 43, in clause (b), for the words “to the Board” the words “to
the Commissioner or State Government” shall be substituted.
14. In section 46, for the words “The Board”, where they occur for the
first time, the words” “The State Government, Commissioner” shall be
substituted and the Explanation at the end shall be deleted.
15. In section 47, is sub -section (1) in the proviso, the words “Settlement
Commissioner”, shall be deleted and for the words “the Board” the words “the
Commissioner” shall be substituted.
The Bombay
Ferries and Inland
Vessels Act, 1868
(Bom. II of
1868).
In sections 2, 2A, 4, 5 and 6 including the marginal notes, for the words
“State Government” wherever they occur, the word “Commissioner” shall be
substituted.
The Bombay
Hereditary
Offices Act,1874
(Bom. III of
1874).
1. In section 5, in sub -section (1), after the words “the State Government”
the words “or in the case of a mortgage, charge, alienation, or lease not more
than thirty year of the Commissioner” shall be inserted.
2. In section 6,––
(1) for the words “State Government”, where they occur for the first time,
the word “Commissioner”, and where they occur for the second time, the words
“said Commissioner” shall, respectively, be substituted;
(2) for the words “it thinks fit” the words “he thinks fit”, shall be
substituted.
3. In section 45,––
(1) in clauses (f) and (h), for the words “State Government” the word
“Commissioner” shall be substituted;
(2) in clause (f), for the word “it” the word “he” shall be substituted.
4. In section 74, after the words “control of ”, the words “the
Commissioner and of” shall be inserted.
5. In section 77, for the words, “State Government”, the word
“Commissioner” shall be substituted.
6. To section 79, the following paragraph shall be added, namely :––
“The State Government may delegate all or any of its powers under this
section to any Commissioner and such Commissioner may thereupon exercise
such powers within the local limits of his jur isdiction, subject to the revisi onal
powers of the State Governmen t under this section, and to any restrictions that
the State Government may deem fit to impose.”.
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 17
SCHEDULE–Contd.
1 2
The Bombay
Irrigation Act,
1879 (Bom. VII
of 1879).
7. In section 84, after the words “to be performed by”, the words “a
Commissioner or” shall be inserted.
1. In section 11, for the words, “State Government” the word
“Commissioner” shall be substituted.
2. In section 57, in sub -section (1), for the words “State Government” the
word “Commissioner” shall be substituted.
3. In section 60, for the words “Collector and” the words “Collector for
the information of the Commissioner of the division and likewise to” shall be
substituted.
The Bombay
General Clauses
Act, 1904 (Bom. I
of 1904).
In section 3, after clause (12), the following shall be inserted, namely :––
“(13) ‘Commissioner’ shall mean the Commissioner of a division
appointed under the Bombay Land Revenue Code, 1879 (Bom. V of 1879),”.
The Bombay
Court of Wards
Act, 1905 (Bom. I
of 1905).
1. In section 12, for the words “as the State Government” the words “as
the Commissioner, where such Courts of Wards exercise jurisdiction within his
division, and the State Government in any other case” shall be substituted.
2. In sections 16,18,19 and 27, for the words “State Government”
wherever they occur, the word “Commissioner” shall be substituted.
3. In section 43,––
(a) in clause (a), for the word “Collector” the word “Commissioner”
shall be substituted ;
(b) after clause ( a), the following new clause shall be inserted,
namely :––
“(b) where the order is that of a Collector, to the Commissioner, or
where any such officer or Board has jurisdiction, to such officer or Board;
and”.
4. In section 44,––
(a) for the words “State Government”, at both the places where they
occur, the words “Commissioner and the State Government” shall be
substituted;
(b) for the word “it” the words “he or it” shall be substituted;
(c) in the marginal note, for the words “Control of Provincial
Government” the words “Control of Commissioner and State
Government” shall be substituted.
The Bombay
Public
Conveyances Act,
1920 (Bom. VII
of 1920).
1. In section 36,––
(a) in sub-section (1),––
(i) for the words “State Government” the word “Commissioner”
shall be substituted;
(ii) for the word “its” the word “his” shall be substituted ;
18 The Maharashtra Commissioners of Divisions Act [1958 : Mah. VIII
SCHEDULE–Contd.
1 2
(b) in sub-sections (2) and (4), for the words “State Government” the word
“Commissioner” shall be substituted.
2. In section 37, for the words “State Government”, where they occur for the
second time, the word “Commissioner” shall be substituted.
The Bombay Co-
operative
Societies Act,
1925 (Bom. VII
of 1925).
1. In section 46 B,––
(a) for the words “State Government”, wherever they occur, the word
“Commissioner” shall be substituted;
(b) in sub -section ( 4), for the word “it”, the word “him” shall be
substituted.
2. In section 64, in sub -section ( 1), in clause ( a), for the words “to the State
Government”, the words “to the Commissioner, in case of an order made under
section 50A and any other case, to the State Government” shall be substituted.
1The Bombay
Agricultural
Produce Markets
Act, 1939 (Bom.
XXII of 1939).
1. In section 3, for the words “State Government”, wherever they occur,
the word “Commissioner” and for the word “its” the word “his” shall be
substituted.
2. In section 4, for the words “State Government” wherever they occur,
the word “Commissioner”, and for the word “it” the word “he” shall be
substituted.
3. In section 4A, for the words “State Government”, the word
“Commissioner” shall be substituted.
4. In section 15, in sub -sections ( 1) and ( 3), for the words “State
Government”, the word “Commissioner” shall be substituted.
5. In section 18, for the words “State Government” the word
“Commissioner” and for the words “it thinks fit”, the words “he thinks fit” shall
be substituted.
6. In section 19, in sub-section (1),––
(a) for the words “State Government”, where they occur for the first
and third times, the word “Commissioner”, shall be substituted;
(b) for the words “State Government”, where they occur for the second
time, the words “Commissioner with the approval of the State Government”
shall be substituted; and
(c) after the words “supersede the market committee”, the words “and
report the fact of such supersession to the State Government” shall be added.
7. In section 25, after the words “on it” the words, “or on the
Commissioner” shall be inserted.
8. In section 28,––
(a) for the words “State Government”, wherever they occur, including
the marginal note the word “Commissioner” shall be substituted;
(b) for the words “itself” and “it” the words “himself” and “he” shall,
respectively, be substituted.
1 Now see the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Mah. XX of 1964).
1958 : Mah. VIII] The Maharashtra Commissioners of Divisions Act 19
SCHEDULE–Contd.
1 2
1The Bombay
Warehouses Act,
1947 (Bom. LVI
of 1947).
In section 10,––
(a) in sub-section (3),––
(i) for the words “State Government” the word “Commissioner”
shall be substituted;
(ii) for the words “itself” and “it” the words “himself” and “he” shall,
respectively, be substituted.
(b) in sub -section ( 4), for the words “State Government” the word
“Commissioner” shall be substituted.
The Bombay
Taluqdari Tenure
Abolition Act,
1949 (Bom. LXII
of 1949).
In section 6, for the words “State Govern ment” the word “Commissioner” shall
be substituted.
The Bombay
Police Act, 1951
(Bom. XXII of
1951).
1. In section 2, after clause ( 13), the following clause shall be inserted,
namely :––
“(13A) ‘Revenue Commissioner’ means the Commissioner of a division
appointed under section 6A of the Bombay Land Revenue Code, 1879
(Bom. V of 1879)”.
2. In section 17, in sub -section ( 2), the words “and shall be subject to the
lawful orders of the Revenue Commissioner” shall be added at the end.
3. In section 24, in sub-section (1), after the words “District Magistrate” the words
“and the Revenue Commissioner” shall be inserted.
4. In section 28, in sub -section (2), for the word “Commissioner”, the words
“Revenue Commissioner” shall be substituted.
5. In section 33, in sub -section ( 4), for the words “reported to the State
Government or such authority as the State Government may appoint in this behalf”,
the words “reported to the Revenue Commissioner and the State Government” shall
be substituted.
6. In section 51, in sub-section (3), after the words “District Magistrate, in district”
thExcerpt shown. Open the full act in Lexace.