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State of Maharashtra - Section

Section 20 in The Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969

20. Amendment of Maharashtra XLI of 1966.-

(1)Subject to the provisions of this Act, the provisions of the Code specified in column (1) of the Second Schedule in their application to lands other than the lands to which this Act applies are hereby amended in the manner and to the extent specified in column (2) thereof.
(2)For the removal of doubt it is hereby declared that nothing in the Second Schedule shall affect-
(i)the validity of assessment for land revenue fixed by the Collector before the appointed day under section 262 of the Code or saved under section 307 thereof in respect of any lands in the City during the period of guarantee given or settlement made in respect of such lands;
(ii)the liability of any superior holder or any person in possession (who has no right in limitation of the right of the State Government to assess) to the payment of land revenue fixed by the Collector under the Code during the period of guarantee given or settlement made, or of any superior holder or any person in possession, (who has a right in limitation of the right of the State Government to assess) in consequence of a specific limit having been established and preserved under any tenure entered in the register and rent roll maintained under section 305 of the Code, and not abolished by and under this Act, to pay assessment, rent or cess leviable under the tenure.
First Schedule(See section 10)Amendment of Bombay 57 of 1947In the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, after section 10E, the following shall be inserted, namely:-"10F. Increase of rent on account of levy of assessment
(1)Where a landlord of the premises on any inami land or a special tenure land is required to pay in respect of such land assessment in accordance with the provisions of the Bombay City (inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the landlord shall, notwithstanding anything contained in any law or in agreement or contract or in any decree or order of any court, be entitled to recover from the tenant or if there are more than one tenant, from all his tenants, a sum equal to fifty per cent, of the amount of assessment payable in respect of such land, and to make an increase in the rent of the premises as determined under sub-section (2).
(2)The amount of increase in rent to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of assessment payable in respect of the inami or special tenure land.
(3)Any increase under this section shall not be deemed to be an increase for the purposes of section 1Second Schedule(See section 20)Amendment of Maharashtra 41 of 1966
Provisions of the Code   Extent of Amendment
(1)   (2)
Chapter XIV of the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966). 1. In section 261—
(1) before clause (a), the following clause shall be inserted, namely: —
Maharashtra XLIV of 1969.    
    "(la) 'City Tenures Abolition Act' means the Bombay City (Inami andSpecial Tenures) Abolition and Maharashtra Land Revenue Code (Amendment)Act, 1969;"
    (2) after clause (a), the following new clause shall be inserted, namely:—
    "(aa) revenue division means such local area in the City of Bombayas the Collector may, subject to the orders of the State Government, byan order in the Official Gazette, constitute to be a revenue division for the purpose of determining the standard rate of assessment of lands therein;"
    (3) after clause (d), the following clause shall be added, namely:—
    "(e) words and expressions used but not defined in this Chaptershall have the meanings respectively assigned to them in the CityTenures Abolition Act."
  2. For section 262, the following shall be substituted, namely:—
    "262.Power of Collector to fix and to levy assessment for land revenue.
    (1) It shall be the duty of the Collector to fix and to levy theassessment for land revenue subject to the provisions of sub-section (2)and subsection (3).
    (2) Where there is no right on the part of a superior holder inlimitation of the right of the State Government to assess, then subjectto the provisions of the City Tenures Abolition Act, the assessmentshall be fixed in accordance with this Chapter.
    (3) Where there is a right on the part of a superior holder inlimitation of the right of the State Government to assess in consequenceof a specific limit established and preserved, and not abolished underthe City Tenures Abolition Act, the assessment shall not exceed suchspecific limit."
  3. After section 262, the following new sections shall be inserted namely:—
    "262A. Rate of assessment not to exceed percentage of market value.
    Except as provided in the City Tenures Abolition Act for the initialassessment of lands held on inami of special tenure, the rate ofassessment of such lands in each revenue division shall not exceed suchpercentage of the average of the market value thereof, when used asunbuilt plots, as the State Government may, from time to time, fix inthis behalf on the basis of the bank rate of interest published by theReserve Bank of India under section 49 of the Reserve Bank of India Act,1934.
    262B. Standard rate of assessment.
    (1) Subject to the provisions of section 262A, the Collector shall,with the approval of the State Government, fix the rate of assessmentper square metre of land in each revenue division (to be called 'thestandard rate of assessment') which shall be a sum equal to suchpercentage of the average of the market value of the unbuilt plots ineach division as may have been fixed by the State Government undersection 262A.
    (2) The market value shall be estimated in the prescribed manner on the basis of—
    (a) sales of land in the revenue division during the period offifteen years immediately preceding the year in which proceedings forthe fixation of the standard rate of assessment are initiated,
    (b) awards relating to the acquisition of land under the Land.Acquisition Act, 1894, in the revenue division during the period offifteen years aforesaid,
    (c) rental value of lands in the revenue division during the period aforesaid.
    (3) The actual assessment of an individual plot in each revenuedivision shall be fixed by the Collector at an amount equal to theproduct of the standard rate of assessment in rupees per square metreand the area of the plot in square metres, rounded off in the prescribedmanner (hereinafter referred to as 'the full assessment').
    (4) Any person aggrieved by the decision of the Collector regardingthe standard rate of assessment or market value of lands in any revenuedivision, may appeal to the State Government:
    Provided that, the State Government may authorise any officer not below the rank of a Deputy Secretary to decide such appeals.
    (5) The State Government, may make rules under section 306 for theinstitution, and disposal of such appeals (including provision forperiod of limitation and hearing).
    262C. Publication of standard rates of assessment.
    The standard rates of assessment fixed or revised under this Chaptershall be published in the Official Gazette and in such other manner asmay be prescribed before they are brought into force.
    262D. Standard rate of assessment to be in force for ten years until revised.
    The standard rate of assessment fixed for each division shall comeinto force from the 1st day of the revenue year immediately followingthe year in which the rate is fixed; and notwithstanding any alterationin the bank rate of interest or average market value of lands referredto in section 262A, shall remain in force for a period of ten yeas; andshall be liable to be revised in accordance with the provisions of thisChapter after the expiry of the said period. Until it is so revised, therate fixed as aforesaid shall be deemed to be in force.
    262E. Period of guarantee.
    (1) Notwithstanding any alteration in the bank rate of interestreferred to in section 262A, or the revision of the standard rate ofassessment, the assessment fixed in respect of any land under thisChapter shall remain in force for a period of fifty years from the dateon which it is fixed, (such period being called 'the period ofguarantee').
    (2) On the expiry of the period of guarantee, the assessment shallbe liable to revision; and the foregoing provisions of this Chaptershall, so far as may be, apply to such revision.
    (3) Until the assessment is so revised, the assessment made shallcontinue in force notwithstanding the expiry of the period ofguarantee."
  4. In section 271—
    (1) for the words and figures "subject to the provisions of section274" the words, brackets, figures and letter "subject to the provisionsof sub-section (4) and (5) of section 262B and section 274" shall besubstituted;
    (2) after the words "make an appeal before" the words "the State Government, or as the case may be" shall be inserted.
  5. In section 272—
    (1) after the words "filing an appeal before" the words "the State Government, or as the case may be," shall be inserted;
    (2) after the words "the Collector" where they occur for the firsttime, the words "the State Government" and after the words "theCollector" where they occur for the second time, the words "of the StateGovernment" shall be inserted.
  6. In section 274, for the words "An appeal" the words, brackets,figures and letter "Except as provided in subsections (4) and (5) ofsection 262B, an appeal shall be substituted.