BOMBAY LAND REVENUE CODE, 1879

BOMBAY LAND REVENUE CODE, 1879

S.1 Short title

S.2 .

S.3 Interpretation section

S.4 Chief controlling authority in revenue matters

S.5 .

S.6 .

S.7 Division to be divided into districts

S.7(a) Power of State Government to alter limits of, or to amalgamate or constitute villages

S.8 Collector of the district

S.8(a) Additional Collectors

S.9 Assistant and Deputy Collector

S.10 Their duties and powers

S.11 Collector of the district in case of temporary vacancy

S.12 The Mamlatdar; his appointment

S.12(a) Additional Mamlatdars

S.13 The Mahalkari, his duties and powers

S.14 Mamlatdar or Mahalkari may depute subordinates to perform certain of his duties

S.15 Mamlatdar or Mahalkari in case of temporary vacancy

S.16 Stipendiary Patel and Village-Accountant to be appointed where no hereditary Patel or Village-Accountant exists

S.17 Village-Accountant to keep such records as he may be

S.18 Survey Officers

S.19 Combination of offices

S.20 Certain officers' appointments to be notified

S.21 .

S.22 Seals

S.23 .

S.24 .

S.25 Demands for money, papers, etc., to be made known in writing to the person concerned

S.26 Public moneys may also be recovered as arrears of revenue; and search warrant may be issued for recovery of papers or property

S.27 Surety to be liable in the same manner as principal

S.28 An officer or surety in jail may, by furnishing certain security, obtain his release

S.29 Liability of surety not affected by death of principal or by his taking a different appointment

S.30 How surety may withdraw from further liability

S.31 .

S.32 .

S.33 .

S.34 .

S.35 .

S.36 .

S.37 All public roads, etc., and all lands which are not the property of others belong to the Government

S.37(a) Extinction of rights of public and individuals in or over any public road, lane or path not required for use of public

S.38 Lands may be assigned for special purposes and when assigned shall not be otherwise used without sanction of the Collector

S.39 Regulation of use of pasturage

S.39(a) Recovering value of natural products unauthorisedly removed from certain lands

S.40 Concession of Government rights to trees in case of settlements completed before the passing of this Act

S.41 Trees and forests vesting in the Government

S.42 Road side trees

S.43 Recovery of value of trees, etc., unauthorisedly appropriated

S.44 Regulation of supply of fire wood and timber for domestic or other purposes

S.45 All land liable to pay revenue unless specially exempted

S.46 Liability of alluvial lands to land re venue

S.47 Assessment of land revenue in cases of diluvion

S.48 Manner of assessment and alteration of assessment

S.49 Commuted assessment of land indirectly taxed to the State

S.50 Superior holder may recover commuted assessment from inferior holder

S.51 Excess of assessment may be laid on land inadequately assessed held with it

S.52 Assessment by whom to be fixed

S.53 Register of alienated lands

S.54 Settlement of assessment to be made with the holder directly from State Government

S.55 Rates for the use of water

S.56 Land revenue to be a paramount charge on the land

S.57 Forfeited holdings may be taken possession of and otherwise disposed

S.58 Receipts

S.59 Penalty for failure to grant receipts

S.60 Written permission of Mamlatdar or Mahalkari required previous to taking up unoccupied land

S.61 Penalties for unauthorized occupation of land

S.62 Unoccupied land may be granted on conditions

S.63 Grant of alluvial land vesting in the Government

S.64 Temporary right to alluvial lands of small extent

S.65 Uses to which occupant of land for purposes of agriculture may put his land

S.65(a) Procedure if occupant wishes to apply his land from one non-agricultural purpose to another non-agricultural purpose.

S.65(b) Use of certain lands for bonafide industrial purpose

S.66 Penalty for using land without permission

S.67 Permission may be granted on terms

S.68 Occupant's rights are conditional

S.69 Reservation of right of the Government to mines and mineral products

S.69(a) Vesting of rights to mines and mineral and mineral products in the State Government.

S.70 Occupancy when not liable to process of Civil Court, the Court to give effect to Collector's certificate

S.71 .

S.72 Interstate occupancy or holding to be sold

S.73 Occupancy to be transferable and heritable

S.73(a) Power to restrict right of transfer

S.73(a)(a) Restriction on transfer of occupancies of tribal to tribal or non-tribal

S.73(a)(b) Payment of premium for sanctioning transfer or partition of occupancy

S.73(a)(c) Bar of jurisdiction of Civil Courts

S.73(a)(d) Restriction on registration of documents

S.73(b) Payment of premium for sanctioning transfer or partition of occupancy.

S.74 Relinquishment

S.75 .

S.76 Relinquishment of land described in paragraph 1 of section 49

S.77 Right of way to relinquished land

S.78 Saving of operation of section 74 in certain cases

S.79 .

S.79(a) Summary eviction of person unauthorisedly occupying land

S.80 To prevent forfeiture of occupancy, certain persons other than the occupant may pay the land revenue-Collector may assist such persons in recovering the revenue from other parties liable therefor

S.81 .

S.82 Provincial Government empowered to suspend operation of section 60 or 74

S.83 Amount of rent payable by tenant

S.84 Annual tenancy terminates on the 31st March

S.84(i)(a) Sections 83 and 84 not to apply to certain tenancies

S.84(a) Order granting suspensions or remissions to inferior holders

S.85 Recovery of superior holders' due

S.86 Superior holders entitled to assistance in recovery of dues from inferior holders, etc

S.87 The Collector how to proceed on such application being made

S.88 .

S.89 .

S.90 .

S.91 .

S.92 .

S.93 .

S.94 .

S.94(a) Recovery as revenue demand of dues of certain superior holders for specified period

S.95 Revenue survey may be introduced by State Government into any part of Presidency

S.96 Survey officer may require, by general notice or by summons suitable service from holders of land, etc

S.97 Assistance to be given by holders and others in the measurement or classification of lands

S.98 Survey numbers not to be less than a certain extent

S.99 .

S.100 .

S.101 .

S.102 .

S.103 .

S.104 .

S.105 The fixing of assessment under section 102 limited to ordinary land revenue

S.106 State Government may direct a fresh survey and revision of assessment

S.107 .

S.108 Preparation of statistical and fiscal records

S.109 .

S.110 .

S.111 Revenue management of villages or estates not belonging to the Government that may be temporarily under the management of State Government

S.112 Maintenance of existing settlements of land revenue

S.113 Partition

S.114 .

S.115 .

S.116 Division of survey numbers into new survey numbers

S.117 .

S.117(a) Division of survey numbers into sub-divisions

S.117(b) Provisions applicable on relinquishment or forfeiture of a sub-division

S.117(c) Interpretation section

S.117(d) Government may direct an original or revision settlement of land revenue of lands comprised in a revenue survey

S.117(e) The term of settlement

S.117(f) .

S.117(g) Assessment how determined

S.117(h) Increased in value due to improvements at the expense of holders not to be taken into account

S.117(i) Settlement Officer how to proceed for making a settlement

S.117(j) Settlement report to be printed and published

S.117(k) Submission to Government of settlement report with statement objections etc. and Collector's opinion thereon

S.117(k)(k) Reference to Revenue Tribunal

S.117(l) Settlement report to be laid on table of Legislature and copies be supplied to the members of each Chamber

S.117(m) Power of State Government to place surcharge or grant rebate after every ten years.

S.117(n) Power to Government to exempt from assessment for water advantages

S.117(o) Introduction of settlement

S.117(p) Assessment of lands wholly exempt from payment of land revenue.

S.117(q) Power to Government to direct assessment for water advantages

S.117(r) Settlements made before this Act to be deemed to be made under this chapter

S.118 Determination of village-boundaries

S.119 Determination of field-boundaries

S.120 Settlement of boundary disputes by arbitration

S.121 Effect of the settlement of a boundary

S.122 Construction and repair of boundary marks of survey numbers and villages

S.123 Responsibility for the maintenance of boundary-marks

S.124 Collector to have charge of boundary marks after introduction of the survey settlement

S.125 Penalty for injuring boundary-marks

S.126 Limits of sites of villages, towns and cities how to be fixed

S.127 Act XI of 1852 and Bombay Acts II and VII of 1863 how far applicable to lands in such sites

S.128 Existing exemption when to be continued in case of certain lands in towns and cities in which Bombay Act IV of 1868 has been in operation

S.129 Right to exemption to be determined by the Collector

S.130 Occupancy price payable, in addition to assessment in certain cases

S.131 Survey of lands in such sites how to be conducted

S.132 In certain cases a survey-fee to be charged

S.133 Sanad to be granted without extra charge

S.134 Assessment of lands hitherto used for purpose of agriculture only used for other purposes

S.135 .

S.135(a) Exemption from provisions of this chapter

S.135(b) The record of rights

S.135(c) Acquisition of rights to be reported

S.135(d) Register of mutations and register of disputed cases

S.135(e) Obligation to furnish information

S.135(f) Penalty for neglect to afford information

S.135(g) Requisition of assistance in preparation of maps

S.135(h) Certified copy of record to be annexed to plaint or application

S.135(i) Refusal of assistance under section 87

S.135(j) Presumption of correctness of entries in record of rights and register of mutations

S.135(k) Certified copies

S.135(l) Bar of suits and exclusion of Chapter XIII Appeal

S.135(l)(l) Application

S.135(m) Preparation and supply of agriculturist pass- book

S.135(n) Agriculturist pass-book to accompany application for financial assistance.

S.135(o) Entries in agriculturist pass-book by banks.

S.135(o)(o) Document for registration of transfer of agricultural land to accompany the agriculturist pass-book.

S.135(o)(o)(o) Responsibility of competent authority.

S.135(p) Agriculturists pass-book to be kept up-to-date

S.135(q) Duplicate agriculturist pass-book to be kept up- to-date

S.135(r) Mode of proof of entries in agriculturist pass- book

S.135(s) Penalty for contravention of section 135P

S.135(t) Penalty for unauthorised alteration in pass-book or furnishing false information

S.136 Liability for land revenue

S.137 Claims of State Government to have precedence over all others

S.138 The liability of the crop for the revenue of the land

S.139 Land revenue may be levied at any time during the revenue year

S.140 Removal of crop which has been sold, etc., may be prevented until revenue paid

S.141 In order to secure the land revenue the Collector may prevent the reaping of the crop, or

S.142 Collector's orders under last section how to be made known Penalty for disobedience of order

S.143 Reaping, etc., not to be unduly deferred, unduly of crop when to be released

S.144 Temporary attachment and management of a village or share of a village

S.145 Precautionary measures to be relinquished on security being furnished

S.146 State Government to determine the dates, etc., on which land revenue shall be payable

S.147 Arrear defaulters

S.148 Liabilities incurred by default

S.149 Certified account to be evidence as to arrears

S.150 Process for recovery of arrears

S.151 Revenue demands of former years how recoverable

S.152 When notice of demand may issue

S.153 The occupancy or alienated holding for which arrear is due may be forfeited

S.154 Distraint and sale of defaulter's moveable property

S.155 Sale of defaulter's immovable property

S.156 Exemption from distraint and sale

S.157 Arrest and detention of defaulter

S.158 Power of arrest by whom to be exercised

S.159 Power to attach defaulter's village and take it under management

S.160 Lands of such village to revert tree of encumbrances

S.161 Application of surplus profits

S.162 Restoration of village so attached

S.163 Village, etc., to vest in the State Government if not redeemed within twelve years

S.164 But all processes to be stayed on security being given; or on amount-demanded being paid under protest

S.165 Procedure in effecting sales

S.166 Notification of sales

S.167 Sale by whom to be made

S.168 Sale of perishable articles

S.169 When sale may be stayed

S.170 Sales of moveable property when liable to confirmation

S.171 Mode of payment for moveable property when sale is concluded at once

S.172 Mode of payment for moveable property when sale is subject to confirmation

S.173 Deposit by purchaser in case of sale of immoveable property

S.174 Purchase-money when to be paid

S.175 Effect of default

S.176 Liability of purchaser for loss by re-sale

S.177 Notification before re-sale

S.178 Application to set aside sale

S.179 Order confirming or setting aside sale

S.180 Refund of deposit or purchase-money when sale set aside

S.181 On confirmation of sale purchaser to be put in possession Certificate of purchase

S.182 Bar of suit against certified purchaser

S.183 Application of proceeds of sale

S.184 Surplus not to be paid to creditors except under order of Court

S.185 Certified purchaser liable only for land-revenue subsequently due

S.186 Claims to attached movable property how to be disposed of

S.187 What moneys leviable under the provisions of this Chapter

S.188 Subordination of revenue officers

S.189 Power to summon persons to give evidence and produce documents

S.190 Summons to be in writing, signed and sealed

S.191 Mode of serving notices

S.192 Procedure for procuring attendance of witnesses

S.193 Mode of taking evidence in formal inquiries

S.194 Writing and explanation of decisions

S.195 Summary inquiries how to be conducted

S.196 Formal and summary inquiries to be deemed judicial proceedings

S.197 Ordinary inquiries how to be conducted

S.198 Copies and translations, etc., how to be obtained

S.199 Arrest of a defaulter to be made upon a warrant

S.200 Power of revenue officer to enter upon any lands or premises for purposes of measurement, etc

S.201 State Government to determine the language of a district

S.202 Collector how to proceed in order to evict any person wrongfully in possession of land

S.203 Appeal to lie from any order passed by revenue officer to his superior

S.204 Appeal when to lie to the State Government

S.205 Periods within which appeals must be brought

S.206 Admission of appeal after period of limitation

S.207 Provision where last day for appeal falls on a Sunday or a holiday

S.208 Copy of order to accompany petition of appeal

S.209 Powers of appellate authority

S.210 Power to suspend execution of order of subordinate officers

S.211 Power of State Government and of certain revenue officers to call for and examine records and proceedings of subordinate officers; and to pass orders thereupon

S.212 Rules as to decisions or orders expressly made final

S.213 Maps and land records open to inspection. Extracts and copies shall be given

S.214 Rules

S.215 Penalty for breach of rules

S.216 Chapters VIII to X to apply to alienated villages

S.217 Holders of land in alienated villages

S.218 Construction of this Act

S.218(a) Repeal of Bombay V of 1879 as in force in the Kutch area of the State of Gujarat.

S.219 Repeal of Bombay V of 1879 as in force in Saurashtra area of State of Bombay

S.220 Removal of difficulties

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