LexThe Maharashtra Land Improvement Schemes Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1942 : XXVIII] 1
THE MAHARASHTRA LAND IMPROVEMENT SCHEMES ACT
[Text as on 31st May 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF BOARDS AND PREPARATION OF LAND IMPROVEMENT SCHEMES
3. Constitution of Boards.
4. Power of Board or Company to direct preparation of land improvement scheme and matters
for which scheme may be prepared.
5. Publication of scheme and inviting objections.
6. Report of Inquiry Officer or Company Officer.
7. [Repealed].
8. [Repealed].
9. Power of Board or Company to sanction scheme with or without modifications.
10. Effect of scheme.
10A. Power of State Government or Board or Company to make regulations.
CHAPTER III
EXECUTION OF THE SCHEME
11. Power to enforce scheme.
12. Liability of person whose lands are not included in scheme to contribution.
12A. Penalty.
CHAPTER IV
MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT UNDER THE SCHEME
13. Statement.
13-A. Executing Officer to prepare recovery statements and entries to be made in Record of
Rights, etc.
14. Obligation of persons to maintain and repair works.
CHAPTER V
MISCELLANEOUS
15. Payment and recovery of amount.
15A. Amount due to Company to be first charge on land of defaulter.
15B. Recovery of money due to Company as arrears of land revenue.
2 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
15C. Where loan is given by scheduled bank, transfer of ri ghts of Company to the bank for
speedy recovery of its dues from owners of lands benefited.
16. Right of entry.
17. Inquiries to be held summarily.
18. Permission to owners to increase rent on account of improvements effected.
19. Registration of d ocument, plan or map in connecti on with land improvement scheme not
required.
20. [Repealed].
21. Delegation.
22. Certain officers to be public servants.
23. Protection of persons acting in good faith and limitation of suits and prosecutions.
24. Power to make rules.
25. Power of State Government to direct preparation of scheme in certain circumstances.
25A. Power of State Government to direct preparation and ex ecution of scheme in area declared
to be or scarcity area.
25B. Power to revoke scheme.
26. Expenditure incurred by State Government to be charged on Consolidated Fund of State.
26A. Effect of transfer of rights and liabilities of Gove rnment to Agriculture and Rural
Development Bank.
26B. Power of State Government to transfer schemes to Company.
27. Savings.
28. Validation of constitution and acts of Board.
28A. Repeal and savings.
29. Savings of Khar lands.
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 3 of 19441
2. Amended by Bom. 7 of 19452, 3
3. Amended by Bom. 73 of 1948
4. Amended by Bom. 38 of 1949
5. Repealed in part and amended by Bom. 53 of 1949.
6. Adapted and modified by the Adaptation of Laws Order, 1950.
7. Amended by Bom. 8 of 1953
8. Amended by Bom. 51 of 1954
9. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
10. Amended by Bom. 30 of 1958
11. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
12. Amended by Mah. 5 of 1962
13. Amended by Mah. 35 of 19694
14. Amended by Mah. 44 of 19725
15. Amended by Mah. 18 of 1973 (13-7-1973)
16. Amended by Mah. 43 of 1976 (15-9-1976)
17. Amended by Mah. 26 of 1977 (15-4-1977)
18. Amended by Mah. 9 of 1980 (31-12-1979)6
19. Amended by Mah. 27 of 1989 (7-8-1989)
20. Amended by Mah. 24 of 2012 (1-5-1960)
21. Amended by Mah. 31 of 2014
1 These Acts were repealed and re-enacted by Bom. 29 of 1948, s. 2.
2 These Acts were repealed and re-enacted by Bom. 29 of 1948, s. 2.
3 For retrospective operation of this Act, see section 22, Bom. 7 of 1945.
4 Maharashtra Ordinance No. XI of 1969 was repealed by Mah. 35 of 1969, s. 4.
5 Maharashtra Ordinance No. X of 1972 was repealed by Mah. 44 of 1972, s. 3.
6 Maharashtra Ordinance No. XII of 1979 was repealed by Mah. 9 of 1980, s. 4.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 5
BOMBAY ACT No. XXVIII OF 19421
2[THE MAHARASHTRA LAND IMPROVEMENT SCHEMES ACT.]3
[This Act received the assent of the Governor General on the 15th day of January 1943; assent was
first published in the Bombay Government Gazette, on the 25th January 1943.]
An Act to provide for the making and execution of schemes
relating to the construction of tanks, embankments and other
works, the prohibition and control of grazing for the
purposes of preservation of soil, prevention of soil erosion,
improvement of water supply and other matters in order
thereby to protect and improve lands and crops in the
Province of Bombay and for charging certain expenditure
on the revenues of the Province.
WHEREAS it is expe dient to provide for the making and execution of scheme relating to the
construction of tanks, embankments and other works, the prohibition and control of grazing for the
purposes of preservation of soil, prevention of soil erosion, improvement of water su pply and other
matter in order thereby to protect and improve lands and crops in the Province of Bombay and for
charging certain expenditure on the revenues of the Province ;
AND WHEREAS the Governor of Bombay has assumed to himself under the proclamation dated
the 4 th November 1939 issued by him under section 93 of the Government of India Act, 1935
(26 of Geo. Ch 2), all powers vested by or under the said Act in the Provincial Legislature ;
NOW, THEREFORE, in exercise of the said powers, the Governor of Bombay is pleased to make
the following Act :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called 4[the Maharashtra
Land Improvement Schemes Act.]
5[(2) It shall extend to the whole of the 6[State of Maharashtra].]
(3) It shall come into force in suc h area and on such date as the 7[State] Government may, by
notification in the Official Gazette, direct :
8[Provided that on the commencement of the Bombay Land I mprovement Schemes (Extension
and Amendment) Act, 1958 (Bom. XXX of 1958) , it shall come into force at once in those areas in
which the Hyderab ad Land Improvement Act, 1953 (Hyd. Act No. XIX of 1953) 9* * * was in force
immediately before such commencement.]
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(1) “Board” means a Board constituted under section 3 ;
10[(1A) “Code” means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;]
1 For Statement of Objects and Reasons, See Bombay Government Gazette, 1943, Part IV, p. 44.
2 This short title was amended for “Bombay Land Improvement Schemes Act, 1942” by Mah. 24 of 2012, Schedule, entry
22. w.e.f. 1-5-1960.
3 The Act was extended to that part of the State of Bombay to which immediately before the commencement of
Bom. 30 of 1958, it did not extend (vide Bom. 30 of 1958, s. 2).
4 This short title was substituted for “the Bombay Land Improvement Schemes Act, 1942” by Mah. 24 of 2012, Schedule,
entry 22.
5 This sub-section was substituted for the original by Bom. 30 of 1958, s. 3(1).
6 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 This proviso was added by Bom. 30 of 1958, s. 3(2).
9 The words “or as the case may be, the Saurashtra Land Improvement Schemes Act, 1954” were omitted by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 This clause was substituted by Mah.27 of 1989, s. 2(a).
6 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
1[(1B) “Company” means a company owned or controlled by the State which is set up for
the purposes of executing or financing (or for both purposes) schemes which have come into
force under this Act ;
(1C) “Company Officer” means any Officer of the Company duly appointed by it for all or
any of the purposes of this Act ;]
2[(2) “Director of Agriculture ” means the officer appointed for the time being to be the
Director of Agriculture and includes any officer appointed by the 3[State] Government to perform
perform the duties of the Director of Agriculture under this Act ;
4[(2A) “ District Sup erintendent Agriculture Officer ” means the officer appointed for the
time being to be the District Superintendent Agriculture Officer ;]
5[(2B) “District Agricultural Officer ” means any officer of a Zilla Parishad (constituted
under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962 ))
appointed by the State Government to perform the duties of the District Agri cultural Officer
under this Act ;]
6[(2C) “Executing Officer” means an officer appointed by the Board 7[or Company] under
sub-section ( 1) of section 11] 8[and th e expression “Executing Officer ” shall be construed
accordingly as the schemes are executed at the exp ense of the State Government or t he
Company ;]
(3) “Inquiry Officer” means an officer appointed as such by the Board ;
9[(4) “owner ” includes an owner in severalty; in common or joint, an occupant, a tenure
holder pattadar, tenant and a mortgagee in possession and the expression “owning” and “own”
shall be construed accordingly ;]
(5) “prescribed” means prescribed by rules made under this Act ;
10* * * * *
11[(5B) “relevant tenancy law” means—
(i) in the Bombay area of the State of Maharashtra, the 12Bombay Tenancy and
Agricultural Lands Act, 1948 (Bom. LXVII of 1948) ;
(ii) in the Vidharbha region of the State of Maharashtra, the 13Bombay Tenancy and
Agricultural Lands (Vidarbha Region) Act, 1958 (Bom. XCIX of 1958) ; and
(iii) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and
Agricultural Lands Act, 1950 (Hyd. XXI of 1950) ;]
14[(6) “scheduled bank” means a bank included in the Second Schedule to the Reserve Bank
of India Act, 1934 (II of 1934), and “Bank Officer”, in relation to such bank, means any officer of
such bank duly appointed by it for the purposes of this Act ;]
(7) “scheme” means a land improvement scheme prepared under this Act ;
1 Clauses (1B) and (1C) were inserted by Mah. 18 of 1973, s. 2(1).
2 Clauses (2) and (2A) were substituted by Bom. 73 of 1948, s. 2.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 Clause (2A) was substituted by Mah. 31 of 2014, s. 2.
5 Clause (2B) was substituted by Mah. 5 of 1962, s. 286, Tenth Sch.
6 Clause (2A) which was renumbered as clause ( 2C) by Bom. 73 of 1948, s. 2( b), was inserted by Bom. 7 of 1945, s . 2(a),
read with Bom. 29 of 1948, s. 2.
7 These words were inserted by Mah. 18 of 1973, s. 2(2).
8 This portion was added by Mah. 18 of 1973, s. 2(2).
9 This clause was substituted for the original by Bom. 30 of 1958, s. 4(2).
10 Clause (5A) was deleted by Mah. 27 of 1989, s. 2(b).
11 Clause (5B) was substituted by Mah. 27 of 1989, s. 2(c).
12 Now read as the Maharashtra Tenancy and Agricultural Lands Act.
13 Now read as the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.
14 Inserted by Mah. 9 of 1980, s. 2.
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 7
1[(7A) “Soil Conservation Officer” means the officer appointed for the time being to b e the
Soil Conservation Officer ;
2[(7B) “tenant” means a tenant within the meaning of the relevant tenancy law ;]
(8) The words and expressions used in this Act, but not defined, shall have the m eaning
assigned to them in the 3[Code].
CHAPTER II
CONSTITUTION OF BOARDS AND PREPARATION OF LAND IMPROVEMENT SCHEMES
3. Constitution of Boards. — 4[(1) The 5[State] Government shall constitut e in each district a
Board consisting of the Collector, the District Agricu ltural Officer, the 6[District Superintendent
Agriculture Officer] and such non -official persons 7[not exceeding fi ve] as may be appointed by the
8[State] Government.
9[Provided that, out of the non -official persons so appointed, in case of the Nandurbar District, at
least one person shall be from amongst the members of the Zilla Parishad of that District representing
the Scheduled Areas referred to in section 2 of the P rovision of the Panchayats (Extension to the
Scheduled Areas) Act, 1996 (40 of 1996), and in case of the other Districts comprising the Scheduled
Areas, at least one person shall be from amongst the members of the Panchayat Samitis in this District
representing the Scheduled Areas.]
(1A) 10[The District Superintendent Agriculture Officer] shall be the Secretary of the Board.]
(2) If there is a difference of opinion among the members of the Board regarding any question
under the provisions of this Act the decision of the majority of the members shall prevail.
4. Power of 11[Board or Company] to direct preparation of land improvem ent scheme and
matters for which scheme may be prepared. — (1) 12[The Board or the Company] may direct the
preparation of a land improvement scheme of any area within its jurisdiction. A scheme may make
provision for any of the following matters, namely :—
(i) preservation and improvement of soil ;
(ii) prevention of erosion of soil ;
(iii) improvement of water supply 13[including the construction or improvement of wells and
other underground water resources, and exploitation of those resources ] ;
14[(iii-a) development of land for better utilisation of the irrigation potential to be specified
in the scheme ;]
(iv) introduction of dry farming methods ;
(v) improvement in the methods of cultivation ;
(vi) reclamation of waterlogged land or of land from the sea ;
(vii) prohibition or control of grazing ;
(viii) control and maintenance of tree growth ;
1[(viiia) regulation or prohibition of firing of vegetation ;]
1 Clauses (7A) and (7B) were inserted by Bom. 73 of 1948, s. 2(d).
2 This clause was substituted for the original by Bom. 30 of 1958, s. 4(4).
3 This word was substituted for the words “relevant Land Revenue Act” by Mah. 27 of 1989, s. 2(d).
4 Sub-sections (1) and (1A) were substituted for sub-section (1) by Bom. 73 of 1948, s. 3.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 These words were substituted for the words “the Divisional Soil Conservation Officer” by Mah. 31 of 2014, s. 3(a).
7 These words were substituted for the words “not exceeding two” by Mah. 27 of 1989, s. 3.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 This proviso was added by Mah. 31 of 2014, s. 3(b).
10 These words were substituted for the words “Divisional Soil Conservation Officer” by Mah. 31 of 2014, s. 3(c).
11 These words were substituted for the words “Board” by Mah. 18 of 1973, s. 3(3).
12 These words were substituted for the words “The Board” by Mah. 18 of 1973, s. 3(1)(a).
13 This portion was added by Mah. 18 of 1973, s. 3(1)(b).
14 Clause (iii-a) was inserted by Mah. 18 of 1973, s. 3(1)(c).
8 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
2[(viiib) cultivation of waste or fallow land ;]
3[(viiic) eradication of hariyali or any other kind of weed or vegetation which is likely
injuriously to affect, or interfere with, cultivation ;]
(ix) such other matters not inconsistent with the objects of this Act as may be prescribed.
4[(2) On such direction being issued by 5[the Boa rd or the Company], 6[the Board or the
Company] shall appoint an officer to prepare, in accordance with such instructions as it may issue, a
draft scheme containing the following particulars, namely :—
(i) the objects of the scheme ;
(ii) the approximate area of the lands to be included in the scheme ;
(iii) the work or kind of work to be carried out under the scheme ;
(iv) the agency or agencies through which the work shall be carried out ;
(v) such other particulars as may be prescribed.]
7[5. Publication of scheme and inviting objections. — (1) The draft scheme prepared under
section 4 shall be published by the Board or the Company in the Official Gazette, and in the village and
at the headquarters of the taluka and of the district, in which the lands proposed to be included in the
above scheme are situate.
(2) The Board or the Company shall, simultaneously with the publication of the scheme in the
Official Gazette, require all person affected by the scheme who wish to make any objections to the
scheme or part thereof to submit their objections in writing to the Inquiry Officer appointed by the
Board, or as the case may be, to the Company Officer or appear before him within twenty -one days of
such publication.]
8[6. Report of Inquiry Officer 9[or Company Officer]. — (1) The Inquiry Officer 10[or
Company Officer] shall hear such objections as are made to him in person, consider all objections duly
submitted under section 5 and submit his report together with t he objections to the Board 11[or, as the
case may be, to the Company].
(2) The Inquiry Officer 12[or Company Officer] may, while submitting his report under
sub-section ( 1), recommend any modifications which in his opinion are required in any of the
particulars contained in the scheme 13 * * * .]
7. [Decision of disputed claims.] Rep. by Bom. 7 of 1945, s. 6, read with Bom. 29 of 1948, s. 2.
8. [Report of Inquiry Officer.] Rep. by Bom. 7 of 1945, s. 6 read with Bom. 29 of 1948, s. 2.
14[9. Power of Board 15[or Company] to sanction scheme with or without modifications. —
(1) After consideration of the objections and the report submitted under sub-section (1) of section 6 and
of any further report 16[which the Board or Company may required the Inquiry Officer or Company
Officer to submit, the Board or, as the case may be, the Company] may sanction the scheme with or
without modifications or reject it :
1 Clause (viiia) was inserted by Bom. 7 of 1945, s. 4(i), read with Bom. 29 of 1948, s. 2.
2 This clause was inserted by Bom. 73 of 1948, s. 4.
3 This clause was inserted by Bom. 38 of 1949, s. 2.
4 Sub-section (2) was substituted by Bom. 7 of 1945, s. 4(iii), read with Bom. 29 of 1948, s. 2.
5 These words were substituted for the words “the Board” by Mah. 18 of 1973, s. 4(2).
6 These words were substituted for the word “Board” by Mah. 18 of 1973, s. 4(3).
7 Section 5 was substituted by Mah. 18 of 1973, s. 4.
8 Section 6 was substituted by Bom. 7 of 1945, s. 5.
9 This portion was inserted by Mah. 18 of 1973, s. 5(1).
10 This portion was inserted by Mah. 18 of 1973, s. 5(1).
11 This portion was inserted by Mah. 18 of 1973, s. 5(1).
12 This portion was inserted by Mah. 18 of 1973, s. 5(1).
13 The words, brackets and figures “approved by the Board under sub -section ( 1) of section 5” were deleted
by Mah. 18 of 1973, s. 5(2)(b).
14 This section was substituted for the original by Bom. 7 of 1945, s. 7, read with Bom. 29 of 1948, s. 2.
15 These words were substituted for the words “the Board” by Mah. 18 of 1973, s. 6(1)(b).
16 These words were substituted for the words “which the board may required the Inquiry Officer to submit, the Board”
by Mah. 18 of 1973, s. 6(1)(a).
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 9
Provided that, if not less than 33 per cent. of the total number of the owners of the land include d
in the scheme other than the 1[Government] or owners other than the 2[Government] owning in the
aggregate not less than 33 per cent. of the land included in the scheme have made objections to the
scheme or part thereof, 3[the Board, or as the case may be, the Company] shall submit the scheme to
the 4[State] Government for its orders. The 5[State] Government may thereupon sanction the scheme
with or without modifications or reject it.
(2) The scheme as sanctioned under sub-section (1) shall be published in the Official Gazette, and
in the village and at the headquarters of the 6[taluka 7* *] and of the district in which the lands included
included in the scheme are situate and shall on such publication be final.]
10. Effect of scheme. — On the date on which the scheme is published in the Official Gazette
under sub-section 8[(2)] of section 9, it shall come into force and shall have effect as if it were enacted
in this Act.
9[10A. Power of 10[State] Government or 11[Board or Company] to make regulations.— For
the purpose of carrying out the objects of a scheme which has come into force under section 10, 12[the
13[State] Government or] the Board 14[or the company] may make regula tions requiring any person or
15* * persons or the public generally to take certain action or to refrain from doing certain acts in
respect of any matters supplementary a nd incidental to the scheme.] 16[The regulations made by the
Board or the Company shall be made in consultation with the State Government.]
CHAPTER III
EXECUTION OF THE SCHEME
17[11. Power to enforce scheme.— (1) After a scheme has come in to force under section 10, the
Board 18[or Company, as the case may be,] shall appoint an officer to execute it.
(2) Every owner of land included in the scheme shall pay the costs or part costs as the case may
be of the works which under the scheme are carried out by the 19[Government] 20[, or as the case may
be, the Company] in his land as the cost or part cost of the owner.
(3) If any owner of the land included in the scheme desires to carry out himself any works which
under the scheme are to be carried out in his land by the 21[Government] 22[, or as the case may be, the
Company] at the cost or part cost of the owner, he shall give notice in writing to that effect to the
Executing Officer within twenty -one days of the publication of the scheme in the Official Gazette
under section 9.
(4) On rece ipt of such notice, the Executing Officer shall inform the owner of the works which
are to be carried out in his land, and shall fix the date before which the owner shall carry out the works.
1 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “the Board” by Mah. 18 of 1973, s. 6(1)(b).
4 This word was substituted for the word “Provincial” Adaptation of Laws Order, 1950.
5 This word was substituted for the word “Provincial” Adaptation of Laws Order, 1950.
6 These words were substituted for the word “taluka” by Bom. 30 of 1958, s. 6.
7 The words “tahsil or mahal” were deleted by Mah. 18 of 1973, s. 6(2).
8 The brackets and figure “( 2)” were substituted for the brackets and figures “( 3)” by Bom. 7 of 1945, s. 8 read with
Bom. 29 of 1948, s. 2.
9 This section was inserted by Bom. 3 of 1944, s. 2 read with Bom. 29 of 1948, s. 2.
10 This word was substituted for the word “Provincial” Adaptation of Laws Order, 1950.
11 These words were substituted for the word “Board” by Mah. 18 of 1973, s. 7(2).
12 These words were inserted by Bom. 7 of 1945, s. 9, read with Bom. 29 of 1948, s. 2.
13 This word was substituted for the word “Provincial” Adaptation of Laws Order, 1950.
14 These words were inserted by Mah. 18 of 1973, s. 7(1).
15 The words “class of” were deleted by Bom. 73 of 1948, s. 6.
16 This portion was added by Mah. 18 of 1973, s. 7(1).
17 This section was substituted by Bom. 7 of 1945, s. 10 read with Bom. 29 of 1948, s. 2.
18 These words were inserted by Mah. 18 of 1973, s. 8.
19 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
20 These words were inserted by Mah. 18 of 1973, s. 8.
21 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
22 These words were inserted by Mah. 18 of 1973, s. 8.
10 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
(5) If such owner fails to carry out any work to the satisfacti on of the Executing Officer before
the date fixed by him or at any time expresses in writing to the Executing Officer his inability to do so,
the Executing Officer may himself get the work carried out and the expenses incurred by the Executing
Officer for the purpose shall be recovered from the owner.
(6) Where the owner of any land included in the scheme is the 1[Government], the Department of
Government which has the control or management of such land, or the Executing Officer directed in
this behalf by the Board or the 2[State] Government 3[or the Company], as the case may be, shall carry
carry out the works which the 4[Government] is liable to carry out under the scheme.]
12. Liability of person whose land s are not included in scheme to contribution.—
(1) If, in conse quence of any work carried out 5* * * under the scheme 6[any person, including the
7[Government] other than the owner of the land in which the work is done,] is likely to be benefited, he
he shall pay such amount 8[as the 9[State] Government 10[or the company] may determine as
contribution to the owner of the land, if the work has been carried out by the ow ner, or to the 11[State]
Government 12[or the Company], if the work has been carried out by the Executing Officer] :
Provided that the 13[State] Government may excuse payment of such contribution in whole or in
part in respect of any work carried out by it 14[in land belonging to the 15[Government]]. 16[Where the
work is carried out at the expense of the Company, and the State Government excuses payment of the
contribution, the State Government shall pay to the Company an amount equal to the amount of the
contribution so excused.]
17[(2) The amount shall be paid within such time as may be specified by the 18[State] Government
19[or the Company] ].
20[12A. Penalty.— Any person who contravenes or causes any contravention of any of the
provisions of a scheme which has come into force under section 10, or any of the regulations made
under section 10A, or does any act which causes damage to any of the works carried out under the
scheme or fails to fu lfil any liability imp osed upon him under section 13 21[or 13-A] or sub -section
22[(4)] of section 25 23[or of section 25A ] shall, on conviction, be punishable with fine which may
extend to fifty rupees or with simple imprisonment for a period which may exte nd to one month, or
with both.]
CHAPTER IV
MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT UNDER THE SCHEME
1 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were inserted by Mah. 18 of 1973, s. 8.
4 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
5 The words “by the owner of any land” were deleted by Bom. 7 of 1945, s. 11(i), read with Bom. 29 of 1948, s. 2.
6 These words were substituted for the words “any other person, including the Crown” by Bom. 29 of 1948, s. 11(ii).
7 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
8 These words were substituted for the words “to the owner of the land as contribution as the Board may determine”
by Bom. 73 of 1948, s. 7(a).
9 This word was substituted for the word “Provincial” by Bom. 73 of 1948, s. 7(a).
10 These words were inserted by Mah. 18 of 1973, s. 9.
11 This word was substituted for the word “Provincial” by Mah. 18 of 1973, s. 9.
12 These words were inserted by Mah. 18 of 1973, s. 9.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 These words were inserted by Bom.7 of 1945, s. 11(iv), read with Bom. 29 of 1948, s. 2.
15 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
16 This portion was added by Mah. 18 of 1973, s. 9(1)(b).
17 This sub-section was substituted for the original by Bom. 73 of 1948, s. 7(b).
18 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
19 These words were inserted by Mah. 18 of 1973, s. 9.
20 This section was inserted by Bom. 3 of 1944, s. 3, read with Bom. 29 of 1948, s. 2.
21 This word, figures and letter were inserted by Bom. 30 of 1958, s. 7.
22 The brackets and figures “(4)” were substituted for the bracket and figures “( 5)” by Bom. 7 of 1945, s. 12, read with
Bom. 29 of 1948, s. 2.
23 The words, figures and letter “or of section 25A” were inserted by Bom. 51 of 1954, s. 2.
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 11
1[13. Statement.— (1) 2[In the case of any work under the scheme, wholly carried out before the
the commencement of the Bombay Land Imp rovement Schemes (Extension and Amendment) Act,
1958 (Bom. XXX of 1958) , the Executing Officer] shall prepare a statement giving for any specified
area the following particulars—
(a) (i) the work done ;
(ii) the cost thereof ;
(iii) the total amount to be recovered from the owners 3[including the rate of interest
and the amount to be recovered at such rate and any matter incidental thereto] ;
(iv) the general rate per acre or per rupee of assessment per annum at which such
amount is to be recovered from the owners ;
(v) the period within which such amount is to be recovered ;
4[(vi) the work which, in his opinion, shall be maintained and repaired ind ividually or
jointly and the names of such person or persons ;]
(b) if in the case of any survey number or sub -division of a survey number the owner is not
liable to maintain at repair work therein, or if the cost is to be recovered from an owner at a rat e
other than the general rate, a list of such survey numbers or sub -divisions and the rate at which
the cost is to be recovered from the owner of such survey numbers or sub-divisions ;
(c) a map showing the work carried out in the village ;
(d) such other matters as may be prescribed.
(2) When the statement is prepared under this section any rights and liabilities shown therein shall
be e ntered in the record of rights 5[or where there is no record of rights, in the prescribed village
record] and in the village accounts in such manner a s the 6[State] Government may prescribe and shall
thereupon form part of such record of rights 7[or as the case may be, of such village record and of the
village accounts].
8[13-A. Executing Officer to prepare recovery statements and entries to be made in Record
of Rights, etc. — (1) Save as otherwise provided in section 13, the Executing Officer shall, on the
completion of part of any work to be carried out, under a scheme, prepare an interim statement
specifying therein—
(i) the part of the work carried out ;
(ii) the cost of such part calculated on the basis of the works cost as recorded in the works
register maintained by the Executing Officer ;
(iii) the interim amount to be recovered from the owners in resp ect of the work so carried
out 9[including the rate of interest and the amount to be recovered at such rate and any matter
incidental thereto ;]
(iv) the period within which such amount is to be recovered ;
(v) the general rate per acre or per rupee of assessme nt per annum at which such amount is
to be recovered from the owners ;
(vi) if in the case of any survey numbers of sub -divisions of survey numbers the amount to
be recovered under clause (iii) is to be recovered at a rate other than the general rate, such rate ;
1 This section was substituted for the original by Bom. 7 of 1945, s. 13.
2 This portion was substituted for the words “The Executing Officer” by Bom. 30 of 1958, s. 8(1).
3 This portion was added by Mah. 18 of 1973, s. 10.
4 This clause was substituted for the original by Bom. 73 of 1948, s. 8.
5 These words were substituted for the words, figures and letter “maintained under Chapter XA of the Bombay Land
Revenue Code, 1879” by Bom. 30 of 1958, s. 8(2).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 These words were substituted for the words “and of the village accounts” by Bom. 30 of 1958 s. 8(2).
8 Section 13-A was inserted by Bom. 30 of 1958, s. 9.
9 This portion was added by Mah. 18 of 1973, s. 11.
12 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
(vii) the names of the persons from whom such amount is recoverable ;
(viii) such other particulars as may be prescribed.
(2) After the whole of the work under such scheme is carried out the Executing Officer shall
prepare—
(a) the final statement specifying therein—
(i) the work carried out ;
(ii) the total cost of the whole work ;
(iii) the balance after deducting from the total cost the interim amount se t out in the
interim statement 1[including the rate of interest and the amount to be recovered at such rate
and any matter incidental thereto ;]
(iv) in relation to such balance, the balance amount to be recovered from the owners as
cost or part cost ;
(v) the period within which such amount is to be recovered ;
(vi) the names of persons from whom such amount is recoverable ;
(vii) the general rate per acre or per rupee of assessment, per annum at which the
amount specified under clause (iv) should be recovered ;
(viii) if in the case of any survey number or sub -division of a survey number the
amount recoverable from the owner thereof is to be recovered at a rate other than the general
rate, such rate and a list of all such survey numbers or sub-divisions ;
(ix) the work which, in his opinion, shall be maintained and repaire d individually or
jointly and the names of such persons ;
(x) such other particulars as may be prescribed ;
(b) a map showing the work carried out in the village.
(3) The rights and liabilities shown in the interim statement and the final statement shal l be
entered in the record of rights or where there is no record of rights in the prescribed village record and
in the village accounts in such manner as the State Government may prescribe and shall thereupon
form part of such record of rights or as the case may be the village record and of the village accounts.]
2[14. Obligation of persons to maintain and repair works. — (1) Every person shown in the
statement prepared under section 13 3[or 13-A] as liable to maintain and repair work shall, to the
satisfaction of 4[the District Superintendent Agricultural Officer] 5[or the Company Officer] and within
within such time as the said officer may fix, maintain and repair the work in his own land and in any
other land in respect of which he is shown as liable in the said statement.
(2) If such person fails to maintain or repair the work within the time fixed by 6[the Divisional
Soil Conservation Officer] 7[or the Company Officer] under sub -section ( 1), 8[the Divisio nal Soil
Conservation Officer] 9[or the Company Officer] shall himself get the work maintained or repaired and
and the cost of so doing shall be recovered from the person.
10[(3) If 11[the Divisional Soil Conservation Officer] 1[or the Company Officer] is of opinion that
an emergency has aris en and that the immediate repair of any work referred to in sub -section ( 1) is
1 This portion was added by Mah. 18 of 1973, s. 11.
2 This section was substituted for the original by Bom. 7 of 1945, s. 14, read with Bom. 29 of 1948, s. 2.
3 This word, figures and letter were inserted by Bom. 30 of 1958, s. 10.
4 These words were substituted for the words “the Divisional Soil Conservation Officer” by Mah. 31 of 2014, s. 4.
5 This portion was inserted by Mah. 18 of 1973, s. 12.
6 These words were substituted for the words “the Land Improvement Officer” by Bom. 53 of 1949, s. 3 Second Sch.
7 This portion was inserted by Mah. 18 of 1973, s. 12.
8 These words were substituted for the words “the Land Improvement Officer” by Bom. 53 of 1949, s. 3 Second Sch.
9 This portion was inserted by Mah. 18 of 1973, s. 12.
10 These sub-sections were added by Bom. 73 of 1948, s. 9.
11 These words were substituted for the words “the Land Improvement Officer” by Bom. 53 of 1949, s. 3 Second Sch.
1942 : XXVIII] The Maharashtra Land Improvement Schemes Act 13
necessary in the general interest, he shall carry out such repair and the cost of such repair shall be paid
by the owner of the land on which the repair has been carried out.
(4) 2[The Divisio nal Soil Conservation Officer] 3[or the Company Officer] shall, as soon as
practicable, make report to the 4[State] Government 5[or Company] regarding such repair.]
CHAPTER V
MISCELLANEOUS
6[15. Payment and recovery of amount. — Any amount or instalment thereof 7[payable to the
State Government under] sections 11, 12 8[or 14] which is not paid on the date when it becomes due
under this Act shall be deemed to be an arrear of land revenue due on account of the land for the
benefit of which the scheme has been sanctioned under this Act or the work is or repairs are carried out
and shall be recoverable as such arrear by any of the methods 9[provided in the 10[Code].]
11[15A. Amount due to Company to be first charge on land of defaulter. — The amount or
instalment thereof due from any owner in respect of land payable under sections 11, 12 or 14 to the
Company shall [subject to the prior payment of land revenue (if any) due to the State Government
thereon] be a first charge upon that land to which every other charge created in respect of that land
shall be postponed and may be recovered according to the provisions of section 15B.
15B. Recovery of money due to Company as arrears of land revenue. — Where any amount
or any instalment thereof payable to the Company by or under this Act is not paid on the date when it
becomes due—
(a) and the claim is not disputed or the amount in dispute does not exceed Rs. 100, the
Company Officer may send to the Col lector a certificate under his hand indicating therein the
sum which is due to the Company or is claimed by the Company, as the case may be, and
thereupon, the Collector shall recover the sum due or claimed as arrear of land reveue ;
(b) and the claim is d isputed and the amount in dispute exceeds Rs. 100, then it shall be
referred to the Tribunal constituted by the State Government for the purpose ; and the Tribunal
shall after making such inquiry as it deems fit, and after giving to the person by whom the amount
is alleged to be payable an opportunity of being heard, decide the question ; and the decision of
the Tribunal shall be final ; and thereupon the Collector shall recover the sum determined to be
due as arrear of land revenue.]
12[15C. Where loan is given by scheduled bank, transfer of rights of Company to the bank
for speedy recovery of its dues from owners of lands benefited. — (1) Notwithstanding anything
contained in this Act, where any work under any scheme is to be carried out or is completed by the
Company, with the help of the funds borrowed by it from any scheduled bank and a charge is
consequently created upon any lands in favour of the Company under section 15A, all the rights and
liabilities of the Company for recovery of cost (including in terest) of the said work or of any part
thereof, with the priority therefor under section 15A, shall stand transferred to and vest in the
scheduled bank—
1 This portion was inserted by Mah. 18 of 1973, s. 12.
2 These words were substituted for the words “the Land Improvement Officer” by Bom. 53 of 1949, s. 3 Second Sch.
3 This portion was inserted by Mah. 18 of 1973, s. 12.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 This portion was inserted by Mah. 18 of 1973, s. 12.
6 This section was substituted for the original by Bom. 73 of 1948, s. 10.
7 These words were substituted for the words “payable under” by Mah. 18 of 1973, s. 13.
8 The word and figures “or 14” were substituted for the figures, word and letter “14 or 25A” by Bom. 8 of 1953, s. 2.
9 These words were substituted for the words and figures “specified in section 150 of the Bombay Land Revenue Code,
1879” by Bom. 30 of 1958, s. 11.
10 This word was substituted for the words “relevant Land Revenue Act” by Mah. 27 of 1989, s. 4.
11 Section 15A and 15B were inserted by Mah. 18 of 1973, s. 14.
12 Section 15C was inserted by Mah. 9 of 1980, s. 3.
14 The Maharashtra Land Improvement Schemes Act [1942 : XXVIII
(a) upon the Company preparing an interim or final statement under section 13A and
notifying the same to the scheduled bank from which the funds are borrowed by the Company ;
and
(b) upon such scheduled bank notifying to the Company its acceptance of all owners or
any of the owners named in the statement as its debtors, instead of being debtors of the
Company :
Provided that, where the scheduled bank does not accept all the owners, but ac cepts only some
of the owners, named in the statement as its debtors, then the rights and liabilities of the Company,
with the priority therefor, in respect of lands of only those owners who are accepted as its debtors by
the scheduled bank shall stand tra nsferred to and vest in the scheduled bank.
(2) On such transfer, the Company shall inform the owners concerned of the same, and then the
amount shown in the interim or final statement, as the case may be, as recoverable against each
owner, who is accepte d as its debtor by the scheduled bank, shall be paid by the respective owner to
the scheduled bank on due dates in such instalments, and with interest at such rate, as may be
specified in the statement.
(3) Where the rights and liabilities of the Company, in respect of any owners are transferred to
and vest in a scheduled bank, the bank shall give an intimation to the Talathi, or such officer as may
be designated by the State Government in this behalf, of the particulars of the lands and the names of
such owners and of the charge or mortgage created thereon in its favour. The Talathi or designated
officer shall show in the record of rights or, where there is no record of rights, in the prescribed
village record and in the village accounts the name of the ba nk as the mortgagee of the lands and
make a note of other particulars of the charge created or mortgage given. The bank shall likewise
give an intimation to the Talathi or designated officer as soon as the whole amount due from any
owner ceases to be outst anding, and thereupon the Talathi or designated officer shall make a suitable
note in the record of rights or the village record and accounts about release of the land from the
charge or mortgage, as the case may be.
(4) The provisions of sections 15A and 15B shall apply mutatis mutandis to any amount or
instalment thereof payable by any owner of land to any scheduled bank under this section, as if
references in those sections to the Company and the Company Officer were references to the
scheduled bank and the Bank Officer, respectively.]
16. Right of entry. — For the purpose of preparing, sanctioning or executing any scheme 1[or
repairing or maintaining any works under any scheme], any person authorised by 2[the Board, the
Collector or 3[the District SuperintendeExcerpt shown. Open the full act in Lexace.