Maharashtra Land Revenue Code 1966

1. Introduction

The Maharashtra Land Revenue Code, 1966 (MLRC) is the principal law governing land and land-revenue administration in the State of Maharashtra. It regulates the division of revenue areas, the hierarchy and powers of revenue officers such as the Collector and Tahsildar, maintenance of land records including mutation and the well-known 7/12 extract, grant and disposal of Government land, survey and settlement procedures, removal of encroachments, State rights over minerals, recovery of land revenue, and appellate remedies.

Over time, the Code has been amended and supplemented by rules, government resolutions, and circulars, which provide operational details for its implementation. Any person dealing with land in Maharashtra—whether a landowner, farmer, developer, lawyer, or student—must understand this Code thoroughly.

2. What is the Maharashtra Land Revenue Code, 1966? (History & Purpose)

The Maharashtra Land Revenue Code, 1966 (Maharashtra Act XLI of 1966) was enacted to unify and amend the laws relating to land and land revenue in Maharashtra. Before its enactment, different regions of the State were governed by different revenue laws, creating inconsistency and administrative difficulty.

The long title of the Act clearly states its purpose:
“An Act to unify and amend the law relating to land and land revenue in the State of Maharashtra.”

The primary objective of the Code is administrative clarity. It establishes a uniform legal framework for land administration, defines the powers and duties of revenue officers, regulates land records, governs Government land, and provides mechanisms for revenue recovery and dispute resolution.

3. Scope, Territorial Extent & Commencement

Territorial Extent

The Maharashtra Land Revenue Code applies to the entire State of Maharashtra. However, certain provisions may be excluded or modified for specific areas by statute or government notification.

Commencement

Different provisions of the Code came into force on different dates as notified by the State Government. The exact dates of commencement for specific sections can be found in the official consolidated version of the Act and relevant government notifications. Therefore, it is always advisable to refer to the latest official text.

4. Key Definitions You Must Know

Section 2 of the Code contains definitions that control the interpretation of the entire Act. Some of the most important definitions include:

• Land: Includes fields, benefits arising out of land, watercourses, riverbeds, and all things attached to the earth.

• Collector: The chief revenue officer of a district, vested with extensive administrative and quasi-judicial powers.

• Mutation: An entry in the land records reflecting a change in ownership or possession due to sale, inheritance, partition, gift, or otherwise.

• Revenue Area: The territorial division of the State into divisions, districts, talukas (tehsils), villages, and other units.

Since these definitions affect the application of every substantive provision, Section 2 must always be read carefully.

5. Revenue Areas: Division of the State

The Code authorizes the State Government to divide Maharashtra into various revenue areas such as divisions, districts, talukas, and villages. These divisions are not merely administrative boundaries—they determine jurisdiction, authority of revenue officers, maintenance of records, and enforcement of orders.

The structure of revenue areas plays a vital role in survey operations, land record maintenance, and disposal of Government land.

6. Revenue Officers: Hierarchy, Powers & Duties

The Maharashtra Land Revenue Code establishes a well-defined hierarchy of revenue officers, generally as follows:

Chief Controlling Authority → Divisional Officer → Collector → Tahsildar / Mamlatdar → Village Officers (Talathi / Patil)

Key Functions:

• Collector: Exercises wide powers including land revenue administration, eviction of encroachments, disposal of Government land, recovery of arrears, and appellate functions.

• Tahsildar / Mamlatdar: Handles day-to-day revenue administration, mutation entries, maintenance of land records, and execution of eviction orders.

• Survey Officers: Conduct land surveys, demarcate boundaries, and prepare records of rights.

This hierarchy is crucial for understanding appeals, revisions, and delegation of powers.

7. Land Records & Registers: 7/12 Extract and Mutation

7/12 Extract

In Maharashtra, the 7/12 extract is the most important land document. It consists of:

• Form 7: Record of Rights

• Form 12: Crop Register

It reflects ownership, occupancy, cultivation details, and revenue liabilities.

Mutation

Mutation is the process by which land records are updated following a transfer of rights. It involves:

• Application by the concerned party

• Verification by the Tahsildar

• Invitation of objections

• Final entry in records

Timely mutation is essential, as revenue records are relied upon for administrative and legal purposes.

8. Grants, Tenures, Leases & Disposal of Government Land

The Code regulates the manner in which Government land may be granted, leased, or transferred. This includes:

• Temporary occupation permits

• Agricultural and non-agricultural leases

• Disposal of Government land under prescribed rules

• Conditions attached to grants

• Forfeiture or surrender in case of breach

Any interaction with Government land must strictly comply with the Code, applicable rules, and departmental circulars.

9. Survey, Settlement & Records of Rights

Survey and settlement operations form the foundation of land administration. Under the Code:

• Survey officers are empowered to enter land, measure boundaries, and prepare maps.

• After survey, settlement operations finalize the records of rights for a fixed period.

• Corrections and conversions are governed by statutory procedures.

Accurate surveys prevent boundary disputes and ensure reliability of land records.

10. Encroachments, Eviction & Regularisation

The Code contains strong provisions to protect Government land, including:

• Removal of Encroachments: Summary eviction of unauthorized occupants.

• Regularisation: In limited cases, unauthorized occupation may be regularised upon fulfillment of conditions.

• Summary Eviction Procedure: A fast administrative process with prescribed safeguards.

These provisions are frequently used to recover public land.

11. Mines & Minerals: State Rights (Section 48)

Section 48 of the Code declares that all rights to minerals vest in the State Government, regardless of land ownership. The State or its assignee may enter land for mining purposes.

Where surface rights are affected:

• Compensation must be paid to affected persons.

• The Collector determines compensation if parties do not agree.

• Courts may decide compensation disputes.

This provision is especially important for landowners in mineral-rich areas.

12. Revenue Collection, Arrears & Penalties

The Code provides a complete mechanism for:

• Assessment of land revenue

• Collection methods

• Recovery of arrears as a charge on land

• Penalties for unauthorized mineral extraction, non-compliance with orders, and revenue defaults

Proper record-keeping and timely compliance help avoid disputes and coercive recovery actions.

13. Appeals, Revisions & Appellate Structure

The Code provides statutory remedies against revenue orders, including:

• Appeals from Tahsildar to Collector

• Further appeals or revisions to higher authorities

Time limits and procedures are strictly prescribed. In many cases, statutory remedies must be exhausted before approaching civil courts.

14. Important Forms & Practical Workflows

• 7/12 Extract: Verify ownership, area, crop, and encumbrances.

• Mutation Application: Requires sale deed, partition deed, succession proof, identity documents, and fees.

• Summary Eviction: Notice → hearing → order → execution.

• Government Land Lease: Must follow disposal rules and official notifications.

Forms are available at the Collector’s office and online revenue portals.

15. Recent Amendments & Policy Highlights

The Maharashtra Land Revenue Code is a living law. Over the years:

• Several amendment Acts have updated provisions

• Consolidated official texts are periodically released

• Government resolutions simplify procedures (such as fee waivers in specific cases)

Always refer to the latest consolidated Act and notifications for the current legal position.

16. Practical Checklist for Landowners & Developers

• Keep an updated 7/12 extract

• Complete mutation immediately after transfer

• Verify land classification before development

• Obtain written permissions for Government land

• Understand mineral rights and compensation safeguards

17. Frequently Asked Questions (FAQs)

Q. Who owns minerals under private land?
Minerals vest in the State Government under Section 48.

Q. How is 7/12 updated after purchase?
By filing a mutation application with the Tahsildar.

Q. Can Government evict encroachers quickly?
Yes, through summary eviction under the Code.

Q. Does the Code change over time?
Yes, through amendments and government notifications.

18. Sources & Further Reading

• Maharashtra Land Revenue Code, 1966 (Consolidated Act)

• Maharashtra Revenue Department publications

• IndiaCode legal database

• Legislative amendment texts and policy circulars