LexThe Maharashtra Khar Land Development Act, 1979
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1979 : Mah. XI] 1
THE MAHARASHTRA KHAR LANDS DEVELOPMENT ACT, 1979
[Text as on 16th March 2025]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Duties and powers of State Government.
4. Khar Lands Development Officers.
5. Chief Controlling Authority.
6. Preparation of schemes.
7. Publication of draft scheme and of final scheme.
8. Commencement and effect of scheme.
9. Execution of scheme.
10. Power to vary scheme.
11. Power to revoke scheme.
12. Entry in record of rights and restrictions on use of lands for non-agricultural purposes.
13. Forfeiture of lease of land in scheme for failure to cultivate or to pay cess.
14. Village Panchayats responsible for supervision, maintenance and repairs of
embankments.
15. Advisory Committee.
16. Right of entry.
17. Acquisition of land, right or interest.
18. Claim for amount for consequential damage.
19. No amount payable in certain cases for use or removal of earth.
20. Khar lands cess.
21. Levy of Khar lands cess.
22. Responsibility for payment of cess.
23. Provisions of Code to apply for collection and recovery of cess.
24. Penalty for default in payment of cess.
2 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
25. Recovery of arrears of cess and penalty as arrears of land revenue.
26. Power to compel certain persons to carry out repairs or works required urgently.
27. Regulation of fishing rights.
28. Inquiries to be made summarily.
29. Registration of documents, plan or map in connection with scheme not required.
30. Protection of persons acting in good faith.
31. Penalty.
32. Rules.
33. Repeal and savings.
34. Repeal of Maharashtra Ord. II of 1979 and savings.
1979 : Mah. XI] The Maharashtra Khar Lands Development Act, 1979 3
MAHARASHTRA ACT No. XI OF 19791
[THE MAHARASHTRA KHAR LANDS DEVELOPMENT ACT, 1979.]
[This Act received the assent of the President on the 10th April 1979; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 13, Part IV, on the 11th April 1979.]
An Act to make better provision for protection, development and control of Khar
lands, and reclamation of tidal lands, by construction and maintenance of
embankments and other works by the State Government itself, for facilitating
growing more food crops thereon and for certain other matters.
WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to make better provision for protection,
development and control of khar lands, and rec lamation of tidal lands, by construction and
maintenance of embankments and other works by the State Government itself, for facilitating growing
more food crops thereon and for certain other matters hereinafter appearing; and, therefore,
promulgated the Ma harashtra Khar Lands Development Ordinance, 1979 (Mah. Ord. II of 1979) , on
the 19th February 1979;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Thirtieth Year of the Republic of India, as follows :—
1. Short title, extent and commencement. — (1) This Act may be called the Mahar ashtra Khar
Lands Development Act, 1979.
(2) It extends to Greater Bombay and Thane, Kulaba and Ratnagiri Districts in the State of
Maharashtra.
(3) It shall be deemed to have come into force on the 19th February 1979.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “beneficiary” means the owner, occupier or holder of the land benefited by any khar
lands scheme, by way of reclamation or conversion into cultivable land or in any other manner
whatsoever;
(b) “Code” means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);
(c) “embankment” includes,—
(i) every earth bank, dam, wall and dyke made or used for excluding water from, or
retaining water upon, any tidal or khar land or for excluding salt water from entering into
any adjoining sweet water nallas or inlets;
(ii) every sluice, spur, groyne, training wall, berm or other work annexed to, or portion
of, any embankment;
(iii) every earth bank, dam, dyke, wall, groyne or spure made or erected for the
protection of any embankment or of any tidal or khar land from erosion or overflow by or of
tides, waves or waters;
(iv) all buildings intended for storage, inspection or supervision;
(v) all approach and other roads as part of a scheme;
(d) “former Board” means the Maharashtra Khar Lands Development Board, which was
established under section 3 of the Bombay Khar Lands Act, 1948 (Bom. LXXII of 1948);
(e) “holder”, in relation to any land, means the person who is lawfully in actual possession
of the land as the owner or tenant, and includes a Government lessee;
1 For Statement of Objects and Reasons , of the L. A. Bill No. IX of 1979 , see Maharashtra Government Gazette, 1979,
Extraordinary No. 8, Part V-A, dated the 3rd March 1979, page 43.
4 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
(f) “Irrigation Department” means the Irrigation Department of the Government of
Maharashtra;
(g) “khar land” means such tidal land as is made cultivable or otherwise benefi cial in any
manner whatsoever by protecting it, by means of an embankment, from the sea or tidal river, and
includes all such land in whatever manner described, whether as khar, khajan, kharepat, gazni or
otherwise;
(h) “khar lands cess” or “cess” means the cess on lands levied and collected under this Act;
(i) “Khar Lands Development Officer” means any officer appointed under section 4;
(j) “occupier” in relation to any land, means any person holding or professing to hold t he
right to cultivate that land for the time being;
(k) “owner”, in relation to any land, includes every person having a joint interest in the
ownership of the land and all rights and obligations which attach to an owner under this Act shall
attach jointly and severally to every person having such joint interest;
(l) “prescribed” means prescribed by rules made under this Act;
(m) “scheme” means a khar lands scheme prepared under this Act;
(n) “sea” includes bay, inlet, creek or an arm of the sea;
(o) “tidal land” means such parts of the bed or shore of the tidal water as are covered and
uncovered by the flow and ebb of the tide at ordinary spring tides, together with the adjoining bed
or shore within the contour upto the height of one metre above the ordinary spring tide marks;
(p) “tidal water” means any part of the sea or river within the flow and ebb of th e tide at
ordinary spring tides;
(q) words and expressions used in this Act, but not defined, shall have the meanings
respectively assigned to them in the Code.
3. Duties and powers of State Government. — (1) It shall be the duty of the State Government
to protect and to develop, maintain and control the khar lands in the most efficient and economical
manner.
(2) Under appropriation duly made in this behalf, the expenditure on implementation of the khar
lands schemes shall be borne by the State Government.
(3) The original works of the scheme and the special repairs to the completed schemes or those in
progress shall, from time to time, be executed and maintained by the State Government, in the
Irrigation Department, in the same manner in which other schemes, like the minor irrigation schemes
or flood protection schemes under the State Sector, are executed and maintained by that Department.
(4) Without prejudice to the generality of the foregoing provisions, the State Government shall
have power—
(a) to notify developments and works already done by the former Board;
(b) to take over all the works of the former Board, which are either completed or which are
not completed, for completion and operation;
(c) to levy and collect a cess on all lands developed under the schemes, which are completed
either by the State Government or by the former Board and which are taken over by the State
Government, from the date to be notified by the State Government for each scheme separately;
(d) to cause surveys to be made of all khar lands and prepare a master plan of the khar lands
schemes to be developed under this Act;
(e) to prepare a list of—
(i) all khar lands schemes, whether completed, under construction or proposed;
(ii) the lands benefited or to be protected under each scheme;
1979 : Mah. XI] The Maharashtra Khar Lands Development Act, 1979 5
(iii) the names of the owners, occupiers and holder s of such lands, bene fited by each
individual scheme;
(f) to form groups of individual schemes for the convenience of execution, operation and
maintenance;
(g) to prepare schemes for the construction, maintenance and preservation of embankmen ts
and other prescribed objects;
(h) to regulate inland waterways and remove encroachments on such waterways;
(i) to supervise all works in connection with better cultivation of reclaimed khar lands;
(j) to provide for closure or regulation, wholly or partially, of any creek, river or other
inland waterways or for construction or reconstruction, for the purpose of protection or better
cultivation or other beneficial use of reclaimed khar lands;
(k) to examine, pursue and monitor programmes for providing irrigation f acilities in the
reclaimed khar lands;
(l) to provide for supply of sweet water for better cultivation of reclaimed khar lands;
(m) to remove shrubs and provide for levelling of lands and construction or reco nstruction
of inner embankments;
(n) to provi de for prohibiting or regulating fishing and fish breeding or for developing
facilities therefor;
(o) to control the danger and nuisance of certain animals which cause damage to the
embankments;
(p) to develop or prohibit or regulate use of tidal lands for salt pans;
(q) to establish or cause to be established research centres for better cultivation of khar lands
and for other purposes;
(r) to reclaim tidal lands for the purpose of bringing them under cultivation or making their
use for other beneficial purposes;
(s) generally to do all that is necessary or expedient for carrying out the objects of this Act.
4. Khar Lands Development Officers.— (1) For carrying out the purpose of this Act, the State
Government shall appoint such number of––
(a) Chief Engineers,
(b) Superintending Engineers,
(c) Executive Engineers,
(d) Assistant Engineers,
(e) Deputy Engineers,
(f) Sub-Divisional Engineers,
(g) Sub-Divisional Officers,
(h) Section Officers or Junior Engineers, and
(i) other officers,
as it may deem necessary.
(2) The officers appointed under sub -section (1) shall be given any of the above desig nations or
such other designations as the State Government may, from time to time, determine.
(3) The State Government may, by general or special order, define the area of the respec tive
jurisdiction of the officers appointed under sub-section (1) and specify the duties and the powers of the
Khar Lands Development Officers to be performed and exercised by different classes of such officers,
within their respective jurisdiction.
6 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
(4) The subordination of such officers amongst themselves shall be such as may be determined by
the State Government.
5. Chief Controlling Authority. — The Chief Controlling Authority in all matters connected
with the constru ction, maintenance and management of the khar lands schemes and a ll matters
incidental or supplemental thereto, shall be the Chief Engineer in the Irrigation Department in charge
of this subject or such other officer as may be designated in this behalf by the State Government.
6. Preparation of schemes.— (1) For the purpose of carrying out its duties under section 3, the
State Government may, from time to time, cause to be prepared schemes for such area and for such
lands as it may think fit.
(2) A scheme prepared under sub-section (1) shall contain the following particulars, namely :—
(a) the objects of the scheme;
(b) the extent of the area of the lands required to be acquired for the execution of the scheme;
(c) the extent of the area likely to be reclaimed and benefited after completion of the scheme;
(d) the names of the owners, occupiers or holders (including the Government), whose lands
are required to be acquired and their survey numbers;
(e) the names of the owners, occupiers or holders (including the Government), whose lands
will be benefited by, or will be protected under, the scheme and their survey numbers;
(f) the type of embankment and works required to be constructed or maintained for effi cient
functioning of the scheme;
(g) a detailed estimate of the cost of the scheme, along with detailed layout drawings and
drawings showing structural details;
(h) such other particulars as may be prescribed.
7. Publication of draft scheme and of final scheme. — (1) Every scheme prepared under the
last preceding section shall be published in the prescribed manner in the village, and at the
headquarters of the taluka, in which the lands proposed to be included in the scheme are situated,
requiring all persons affecte d or likely to be affected by the scheme who wish to make any objections
to the scheme or part thereof to submit their objection in writing to or by appearing before, such Khar
Lands Development Officers as may be specified in the scheme, within one month from the date of
publication of the scheme in the village in which the lands are situated.
(2) The specified Khar Lands Development Officer shall hear such objection as are made to him
in person and consider them alongwith the objections submitted to him in writing and submit his report
to the Chief Controlling Authority, together with the objection received, through such superior Khar
Lands Developments Officers or officers as may be prescribed.
(3) After consideration of the objection and the report and recommendations thereon, the Chief
Controlling Authority shall submit the draft scheme, with such modifications or recommendations he
would like to make, to the State Government for its sanction.
(4) The State Government, after making such inquiry, as it may think fit, may sanction the
scheme, with or without modification and subject to such conditions, if any, as it may think fit to
impose or refuse to sanction the scheme.
(5) If the scheme is san ctioned under the last preceding sub -section, the scheme as sanctioned
shall be published in the prescribed manner in the village and at the headquarters of the taluka in which
the lands included in the scheme are situated for the information of all persons affected by the scheme.
(6) In considering the objections, the decision of the Chief Controlling Authority on the question
whether or not any land included in the scheme, will be benefited by, or will be protected under, the
scheme, shall be conclusive evidence on the question.
1979 : Mah. XI] The Maharashtra Khar Lands Development Act, 1979 7
8. Commencement and effect of scheme. — On the date on which the scheme as sanctioned is
published under the last preceding section in the village in which the lands included in the scheme are
situated, it shall come into force and shall have effect as if it were enacted in this Act.
9. Execution of scheme.— After any scheme has come into force, the Khar Lands Development
Officer concerned shall execute the scheme.
10. Power to vary scheme.— If after any scheme has come into force, the State Government, on
an application made to it or suo motu, is satisfied that the scheme is defective on account of any error,
irregularity or informality or on account of any other reason it is necessary to vary the scheme, then,—
(a) where, in the opinion of the State Government, the proposed variation does not vary the
scheme in any material particulars, the State Government may, by order, published in the
prescribed manner in the village, and at the headquarters of the taluka, in which in the lands
included in the scheme are situated, sanction the variation;
(b) where, in the opinion of the State Government, the proposed variation would vary the
scheme in any material particulars, the State Government may cause such variation t o be
published for inviting objections as if it were a draft scheme to be published under sub-section (1)
of section 7, and the provisions of sections 7, 8 and 9 shall apply for sanctioning, coming into
force and execution of such variation, as if such variation was itself a scheme.
11. Power to revoke scheme. — Notwithstanding anything hereinbefore contained, if upon an
application or on report made to it for the purpose, the State Government is satisfied that it is no longer
economical or technically fea sible to continue any scheme or it is necessary to change the use r of the
land for any non-agricultural purpose or any other purpose contemplated in the original scheme or it is
necessary so to do in the public interest, the State Government may, by order, published in the
prescribed manner, revoke the scheme. Upon such revocation, the provisions of this Act shall cease to
apply to such scheme except as respects things done or omitted to be done before the revocation of the
scheme.
12. Entry in record of ri ghts and restrictions on use of lands for non -agricultural
purposes.— (1) As soon as may be after a scheme has come into force, in respect of the lands included
in the scheme, whether they are acquired or benefited, the Khar Lands Development Officer execu ting
the scheme shall cause to be made in the record -of-rights relating to such lands, an entry to the effect
that the lands are included in the khar lands schemes specified in such entry. If there are no record -of-
rights, such entry shall be made in the prescribed village record.
(2) Notwithstanding anything contained in such scheme, any land included in the scheme which
was proposed to be benefited by rendering it cultivable due to implementation of the scheme may be
used for non -agricultural purposes in accordance with the provisions of the Code, subject to such
restrictions and conditions as the Collector may deem fit to impose:
Provided that, no land in such scheme shall be permitted to be used for non -agricultural purpose,
unless such land has been cultivated for a period of not less than five years immediately before the date
of application for such use, and full amount (if any) due and payable to the State Government in
respect of such land as the Collector may determine has been paid.
(3) If any l and included in any scheme is permitted to be used for any non -agricultural purposes
under sub -section ( 2), nevertheless, such land shall (except as provided under that sub -section)
continue to be subject to the provisions of this Act as if no such permission has been given.
13. Forfeiture of lease of land in scheme for failure to cultivate or to pay cess. — If any
person holds any land on lease from the State Government which is included in a scheme, and fails to
cultivate the same for more than the numbe r of consecutive years specified for this purpose in the
scheme or fails to utilize the same in the manner specified in the scheme or fails to pay to the State
Government the amount of cess together with the penalty, if any, due in respect of such land wit hin
such time as the State Government may fix, the Collector may dispose of the land in accordance with
the rules made under this Act. Such lease shall be determined by forfeiture to the State Government,
notwithstanding anything contained in any law for t he time being in force and unless the Collector
8 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
otherwise directs, be freed from all rights, encumbrances and equities theretofore, created in favour of
any person other than the Government in respect of such land:
Provided that, no order shall be made by the Collector under this section, unless the person
holding such land is given a notice of not less than six months of the action proposed to be taken
against him and a reasonable opportunity of making representation against such action.
14. Village Panchayats responsible for supervision, mai ntenance and repairs of
embankments.— (1) Notwithstanding anything contained in the Bombay Village Panchayats Act,
1958 (Bom. III of 1959) (hereinafter in this section referred to as “the said Act”), it shall be the duty of
every village panchayat established under the said Act and having jurisdiction over the area in which
any embankment or other works included in any scheme, or any parts thereof are situated to keep vigil,
supervise, maintain and repair such emba nkment or works or parts thereof, as the case may be, and to
comply with such directions as may be issued in this behalf, from time to time, by the Khar Lands
Development Officer executing the scheme or by the State Government. For this purpose, the villag e
panchayat shall take or cause to be taken such steps and exercise such powers, in addition to the
powers conferred by section 16, as may, in its opinion, be reasonably necessary, for carrying out its
duty or for securing compliance with any directions issued to it.
(2) The village panchayat shall be entitled to payment from the State Government for expenditure
incurred by it in carrying out its duty, and carrying out vigil and normal maintenance and repairs and
for securing compliance with the directions issued to it, the amount of which shall be determined by
the Khar Lands Development Officer concerned or any other officer authorised by the State
Government in this behalf.
(3) Where a village panchayat makes a default in the performance of any of the duties imposed by
or under this section, it shall be lawful for the Collector or any officer authorised by the State
Government to take suitable action against the village panchayat under the said Act, as if a default in
the performance of its duties under the said Act had been made.
15. Advisory Committee.— (1) The State Government may constitute an Advisory Committee
to advise upon such matter arising out of the administration of this Act or any scheme made under this
Act or co -ordination of the execution of work on the various schemes made under this Act, as the
Advisory Committee may itself consider to be necessary or as the State Government may refer to it for
advice.
(2) The Chairman and other members of the Advisory Committee shall be appointed by the State
Government and shall be of such number and chosen in such manner as the State Government may,
from time to time, determine.
(3) The term of office of the Chairman and other members, the manner of holding meetings and
the procedure to be followed in the meetings of the Advisory Committee shall be regulated in the
manner as the State Government may, from time to time, determine.
(4) The Chairman and the other members of the Advisory Committee (not being a member who is
an Officer of the State Govern ment) shall receive travelling and daily allowances for attending
meetings of the Advisory Committee at such rates as the State Government may, from time to time,
determine.
16. Right of entry.— For the purpose of preparing, sanctioning or executing any scheme, or for
supervising, maintaining or repairing any embankment or works or otherwise for carrying out the
objects of this Act, every Khar Lands Development Officer and any person duly authorised by the State
Government, the collector or the village panchayat concerned may, after giving such notice as may be
prescribed, to the owner, occupier or holder or other person having interest in any land, enter upon,
survey and mark out such land and do all acts necessary for the purposes aforesaid.
17. Acquisition of land, right or interest. — (1) If at any time, it appears to the State
Government that any land or the right or interest of any person in any land should, for the purposes of
any scheme, be compulsorily acquired, it shall be lawful for the State Government to publish a
notification to that effect in the Official Gazette. The notification so published shall be deemed to be a
declaration under section 6 of the Land Acquisition Act, 1894 (I of 1894), in its application to the State
1979 : Mah. XI] The Maharashtra Khar Lands Development Act, 1979 9
of Maharashtra (hereinafter in this section referred to as “the said Act”), and shall be conclusive, as if it
was made under section 6 of the said Act, and the land, right or interest in the land shall be deemed to
be needed for a public purpose within the meaning of the said Act.
(2) On the publication of such notification, the Collector shall proceed to take order for the
acquisition of the land, right or interest, as the case may be, and the provision of the said A ct shall,
mutatis mutandis, apply to the determination of the amount for the acquisition, the apportionment of
the amount and other matters relating to the acquisition of the said land, right or interest, as the case
may be.
(3) The State Government may m ake rules in all matters connected with the enforcement of the
said provisions in so far as they are applicable to the acquisition of such land, right or interest.
(4) Notwithstanding anything contained in this section, where any land which is acquired ha s
remained fallow for three successive years immediately preceding the date of the notification published
under sub-section (1), the market value of such land shall not be assessed to be more than twice the
amount of annual assessment payable in respect thereof.
18. Claim for amount for consequential damage. — (1) Subject to the provision of the next
succeeding section, whenever any land, other than the land acquired for the purposes of this Act, or any
right of fishery, right of drainage, right of the use of water or other right of property, shall have been
injuriously affected by any act done, or any scheme executed, under the provisions of this Act , the
person in whom such property or right is vested may prefer a claim in writing to the Collector for an
amount for the acquisition, and thereupon the provisions of the Land Acquisition Act, 1894 (I of 1894),
in its application to the State of Maharashtra, shall, so far as may be, mutatis mutandis, apply for the
determination of the amount, apportionment and payment thereof.
(2) No claim under this section shall be entertained, if it is made later than two years next after
the completion of the work by which any such right is injuriously affected.
19. No amount payable in certain cases for use or removal of earth.— Any land, which
before the date of commencement of this Act has been used for the purpose of obtaining earth or others
materials for the construction or repair of any embankment, shall be deemed to be at the disposal of the
State Government for suc h purpose, without payment of any amount for the use or removal of such
earth or other materials.
20. Khar Lands cess.— For the purposes of meeting portion of the cost of operation and normal
maintenance of the khar lands schemes, there shall be levied an d collected, in the manner hereinafter
provided, a tax on lands, in this Act referred to as “the khar lands cess” or “the cess”.
21. Levy of khar lands cess.— Notwithstanding anything to the contrary contained in the Code,
or in any other law or agreemen t for the time being in force, but subject to the provisions of this Act,
there shall be levied and collected, in addition to any land revenue payable on such lands, a cess on all
khar lands benefited by any scheme from the date on which such scheme comes into force or from such
later date and for such period, and at such rate not exceeding forty rupees per year per hectare as the
State Government may, by general or special order, specify, from time to time. Different dates, periods
and rates may be specified in respect of different khar lands or different schemes or different areas.
22. Responsibility for payment of cess. — The cess shall be payable primarily by the person in
actual possession of the land in respect of which it is levied. If any person pri marily liable makes a
default in the payment of the cess, it shall be recoverable from any person liable to pay the land
revenue in respect of such land under the Code.
23. Provisions of Code to apply for collection and recovery of cess. — The provisions of the
Code shall, save in so far as they are inconsistent with any provisions of this Act, apply for the
purposes of collection and recovery of the cess leviable under this Act from the person liable therefor
under the last preceding section, as though the cess were land revenue payable under the said Code.
10 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
24. Penalty for default in payment of cess. — If any person liable to pay the cess, on being
served with a notice of demand for payment of the amount of cess due, fails to pay the same within the
period specified in the notice, the prescribed authority, on being satisfied that the failure was without
any reasonable excuse, may impose on him a penalty of such s um not exceeding ten per cent. of the
amount of cess which remains unpaid, as such authority may determine. The penalty sum shall be
recoverable in the same manner as provided for recovery of the amount of cess.
25. Recovery of arrears of cess and penalty as arrears of land revenue. — All amounts of
cess and penalty due under this Act shall, without prejudice to any other mode of recovery, be
recoverable as arrears of land revenue by any of the processes specified in section 176 of the Code,
including the forfeiture of the land concerned.
26. Power to compel certain persons to carry out repairs or works required urgently. — (1)
Whenever it appears to any Khar Lands Development Officer empowered by the State Government to
exercise the powers conferred by this section that,––
(a) unless some special repairs are immediately executed, serious damage will be caused to
any embankment resulting in sudden and extensive loss and injury to pr operty, human beings or
animals;
(b) the labourers necessary for the prompt execution of such repairs, cleara nce and salvage
work cannot be obtained in the ordinary course within the time that can be allowed for the
execution of the same, so as to prevent such loss or injury, the Khar Lands Development Officer
may, by a written order proclaimed by him in such man ner as may be prescribed, direct every
able bodied male person, who holds or possesses land or resides in the vicinity of the locality
where such repairs, clearance or work has to be executed and every other person whose name is
included in the list prepar ed under sub -section (4) to report for duty immediately and assist the
Khar Lands D evelopment Officer in the execu tion of such repairs, clearance and work in such
manner and for such period as the Khar Lands Development Officer or any person authorised by
him may require.
(2) Any order made by the Khar Lands Development Officer under sub-section (1) shall forthwith
be reported by him to the Chief Controlling Authority.
(3) Any person, who has done work in compliance with the direction issued under sub-section
(1), shall be paid remuneration at such rate, which shall not be less than the highest rate for the time
being paid in the neighbourhood for similar work, as the Khar Lands Development Officer may
determine.
(4) Subject to any rules made in th is behalf, in respect of every scheme, the Khar Lands
Development Officer shall prepare a list of persons who are willing to be included, or who on account
of their profession, calling or employment, should be included, in the list for being called for dut y
under sub-section (1).
(5) If any person, without reasonable excuse, fails to comply with any lawful direction given to
him under sub -section ( 1), he shall, on conviction, be punished with fine which may extend to one
thousand rupees.
27. Regulation of fishing rights.— (1) Notwithstanding any custom, usage, law or contract to
the contrary,––
(a) no person shall fish or exercise the right of fishery in any embankment or part thereof,
within a distance of 15 metres;
(b) no person shall fish or exercise the right of fishery in any inland waterways included in,
or adjoining to, any scheme or water storage created by closure of a creek or otherwise and not
utilised for crop cultivation, except under a license granted by the Khar Lands Development
Officer.
(2) Any licence granted under clause ( b) of sub -section (1) shall be granted on the payment of
such fees and subject to such restrictions and on such conditions and shall be in such form and contain
such particulars as may be prescribed.
1979 : Mah. XI] The Maharashtra Khar Lands Development Act, 1979 11
28. Inquiries to be made summarily. — (1) Any inquiry to be made under this Act shall be
made in the manner provided for holding a summary inquiry under the Code, and all the provisions
contained in the Code relating to holding of summary inquiry shall, so far as may be, apply.
(2) The person holding such inquiry shall have the same powers for summoning and enforcing the
attendance of any person and examining him on oath and compelling the production of documents, as
are vested in the revenue officers under the Code.
29. Registration of documents, plan or map in connection with scheme not required. — (1)
Subject to the provisions of section 12, nothing in the Registration Act, 1908 (XVI of 1908) , in its
application to the State of Maharashtra, shall be deemed to require registration of any document, plan
or map prepared, made or sanctioned in connection with a scheme which has come into force.
(2) All such documents, plans and maps shall, for th e purposes of sections 48 and 49 of the said
Act, be deemed to be registered in accordance with the provisions of that Act.
30. Protection of persons acting in good faith. — (1) No suit, prosecution or other legal
proceedings shall be instituted against a ny public servant or person duly authorised under this Act in
respect of anything in good faith done or intended to be done under this Act or the rules or orders made
thereunder.
(2) No suit or prosecution shall be instituted against any public servant or person duly authorised
under this Act in respect of anything done or intended to be done under this Act, unless the suit or
prosecution has been instituted within six months from the date of the act complained of.
31. Penalty.— Any person who contravenes or causes any contravention of any of the provisions
of a scheme which has come into force, or does any act which causes damages to any of the works
carried out under the scheme, or contravenes the provisions of section 27 or fails to comply with the
conditions of a licence granted under that section, or obstructs any person or authority in the due
exercise of his or its powers or execution of his or its duties under this Act or contravenes the
provisions of any rules made under this Act, shall, on convic tion, be punished with imprisonment for a
term which may extend to one year or with fine which may extend to one thousand rupees or with both.
32. Rules.— (1) The power to make rules under this Act shall be exercised by the State
Government by notification in the Official Gazette.
(2) Without prejudice to any power to make rules contained elsewhere in this Act, the State
Government may make rules for the purpose of carrying into effect the provisions of this Act.
(3) All rules made under this Act shall be subject to the condition of previous publication.
(4) Every rule made under this Act shall be laid as soon as may be after if it is made before each
House of the State Legislature while it is in session for a total period of thirty days, which may be
comprised in one session or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, and notify such decision in the Official
Gazette, the rule shall from the date of publication of such notification have effect only in such
modified form or be o f no effect, as the case may be ; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
33. Repeal and savings. — (1) On the date of commencement of this Act, the Bombay Khar
Lands Act, 1948 (Bom. LXXII of 1948), shall stand repealed.
(2) On such repeal, the Board established under the repealed Act shall stand dissolved and the
Chairman and members thereof shall vacate their respective offices; and upon such dissolution of the
Board, the assets, rights and liabilities of the Board shall, on and from the date of commencement of
this Act, be the assets, rights and liabilities of the State Government.
(3) Any scheme, licence, permission, appointment, rule, by-law, regulation, notice, notification or
order made, issued or granted under the repealed Act and in force immediately before the
12 The Maharashtra Khar Lands Development Act, 1979 [1979 : Mah. XI
commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to be made, issued or granted under this Act and continue in force until it is duly modified or
revoked by a competent authority under this Act.
(4) Such r epeal shall not affect any right, obligation or liability, acquired or incurred or any
penalty or forfeiture incurred by any person before the date of commencement of this Act or any legal
proceeding or remedy, in respect of any such right, obligation, lia bility, penalty or forfeiture, and any
such legal proceeding or remedy may be instituted, continued or enforced, and any such penalty or
forfeiture may be imposed, as if this Act had not been enacted, and accordingly any amount of
contribution or loan due under the repealed Act from any person immediately before the date of
commencement of this Act shall be deemed to be due to the State Government and continue to be
recoverable from him as arrears of land revenue.
34. Repeal of Mah. Ord. II of 1979 and saving.— (1) The Maharashtra Khar Lands
Development Ordinance, 1979 (Mah. Ord. II of 1979), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any appointment
made or any rule, order or notification issued) u nder the said Ordinance shall be deemed to have been
done, taken, made or issued, as the case may be, under the corresponding provisions of this Act.