Maharashtra Khar Lands Debelopment Act, 1979

No: 11 Dated: Apr, 11 1979

THE MAHARASHTRA KHAR LANDS DEVELOPMENT ACT, 1979

ACT No. XI OF 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 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 herinafter appearing ; and, therefore, promulgated the Maharashtra Khar Lands Development Ordinance, 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 Maharashtra Khar Lands Debelopment 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 ;

(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) evey 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 ;

(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 ;

(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 beneficial 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 the 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 the 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.