Maharashtra act 008 of 1958 : The Maharashtra Commissioners of Divisions Act

Section 1.Short title, extent and commencement.

(1) This Act may be called ¹[the Maharashtra Commissioners of Divisions Act].

(2) It extends to the whole of the ²[State of Maharashtra].

(3) It shall come into force on such date ³as the State Government may, by notification in the Official Gazette, appoint

1 The short title of the Act was amended for "the Bombay Commissioners of Divisions Act, 1957" by Mah. 24 of 2012, Sch., entry 65, with effect from 1-5-1960.

2 These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

3 3rd day of March 1958, vide G.N., F.D., R.D., No. RVA. 2557/170960-R, dated the 27th February 1958.

Section 2.Definitions.

In this Act, unless the context requires otherwise,-

(a) "Commissioner" shall mean, the Commissioner of a division appointed under the law relating to land revenue as amended by the Schedule to this Act;

(b) "Director of Local Authorities" means the Officer appointed for the time being by the State Government to be the Director of Local Authorities;

(c) "division" means the territories formed into a division under the ¹Bombay Land Revenue Code, 1879 (Bom. V of 1879), ²[. . . . . .] or under the Madhya Pradesh Land Revenue Code,1954 (M.P. Act II of 1955), or under the ³Hyderabad Land Revenue Act (Hyd. Act VIII of 1317F);

(d) "Divisional Officer" means an officer appointed as such, immediately before the commencement of this Act, under the provisions of-

(i)⁴[].

(ii)⁵[].

(iii) section 9-A of the ⁶Madhya Pradesh Land Revenue Code, 1954 (M.P Act II of 1955), read with Government Notification in the Revenue Department No. RVA. 1556-R, dated 1st November 1956; or

(iv) section 4 of the ⁷Hyderabad Land Revenue Act (Hyd. Act VIII of 1317F.);

(e) "existing law" means any enactment of a Legislature or other competent authority in relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution in force in any part of the State immediately before the commencement of this Act and includes any rule, bye-law, regulation, order, notification, scheme, form or other instrument having the force of law made, prescribed or issued under any such enactment;

(f) "Schedule" means the Schedule appended to this Act.

1 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

2 These words were deleted, ibid. Schedule.

3 Now see Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

4 Sub-clause (i) was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960,Schedule.

5 Sub-clause (ii) was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, Schedule.

6 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

7 Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

Section 3.Amendments to enactments; power of State Government to confer power and impose duties on Commissioners under any law.

(1) For the purposes of constituting offices of Commissioners of divisions and conferring powers and imposing duties on Commissioners and for certain other purposes, the enactments specified in column 1 of the Schedule to this Act shall be amended in the manner and to the extent specified in column 2 thereof.

(2) The Commissioner of a division, appointed under the law relating to land revenue as amended by the said Schedule, shall exercise the powers and discharge the duties conferred and imposed on the Commissioner by any law for the time being in force, including the enactments referred to in sub-section (1) as amended by the said Schedule.

(3) The State Government may by notification in the Official Gazette amend or delete any entry in the Schedule for the purpose of imposing any conditions or restrictions on the exercise of powers and discharge of duties conferred or imposed on the Commissioner or withdrawing them, as the case may be, and the Schedule shall be amended accordingly.

(4) The State Government may confer and impose on the Commissioner powers and duties under any other enactment for the time being in force and for that purpose may, by a notification in the Official Gazette, add to or specify in the Schedule the necessary adaptations and modifications in that enactment by way of amendment; and thereupon,-

(a) every such enactment shall accordingly be amended and have effect subject to the adaptations and modifications so made, and

(b) the Schedule to this Act shall be deemed to be amended by the inclusion therein of the said provision for amending the enactment.

(5) The State Government may at any time in like manner cancel a notification under sub-section (4), and thereupon the relevant enactment shall stand unamended by the cancelled notification and the Schedule shall be altered accordingly.

Section 4.Repeal of Bom. XXVIII of 1950 and C. P. and Berar Act LXI of 1948.

(1) On the commencement of this Act, the Bombay Commissioners (Abolition of Office) Act, 1950 (Bom. XVIII of 1950) and the Central Provinces and Berar Commissioners (Construction of References) Act, 1948 (C.P. and Berar Act LXI of 1948), shall be repealed.

(2) The repeal referred to in sub-section (1) shall not affect–

(a) any legal proceedings to which the State Government or any officer or authority (other than the Divisional Officer or Director of Local Authorities) is a party; and any such proceedings shall, subject to the provisions of any law for the time being in force, be continued and disposed of as if this Act had not been passed;

(b) any powers or duties, other than those conferred or imposed by or under the provisions of this Act on the Commissioner, which immediately before the commencement of this Act may have been conferred or imposed by the State Government on any officer or authority other than a Divisional Officer or a Director of Local Authorities or which were exercisable or discharged by the State Government; or

(c) any appointment, notification, order, rule, regulation, bye-law, form, instrument or document made, prescribed, issued or executed or deemed to have been made, prescribed, issued or executed by the State Government or by any officer or authority under or with reference to the provisions of any existing law and any such appointment, notification, order, rule, regulation, bye-law, form, instrument or document shall be valid and continue in operation unless and until it is superseded or modified by a competent authority.

Section 5.Pending legal proceedings.

If at the commencement of this Act, any legal proceedings are pending to which a Divisional Officer or Director of Local Authorities is a party, the Commissioner shall be substituted for the Divisional Officer or the Director of Local Authorities in the said proceedings.

Section 6.Construction of references to Divisional Officers or Directors of Local Authorities in existing law.

Subject to the provisions made in the Schedule, all existing laws shall, unless the context otherwise requires, be construed as if references therein to the Divisional Officer, or, as the case may be, to the Director of Local Authorities were references to the Commissioner.

Section 7.Construction of references in instruments or documents.

All instruments or documents executed or made before the commencement of this Act under or with reference to any existing law or any enactment specified in the Schedule shall, unless the context otherwise requires, be construed as if references therein to the Divisional Officer or the Director of Local Authorities were references to the Commissioners.

Section 8.Pending proceedings before the Divisional Officer or Director of Local Authorities, etc.

All proceedings including proceedings by way of appeals, revision or review pending under any existing law before the State Government or a Divisional Officer or Director of Local Authorities or any other officer or authority immediately before the commencement of this Act shall, where disposal of the proceedings falls within the purview of the powers and duties of the Commissioner, be transferred to the Commissioner for disposal according to law.