MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961

16th June 1961

An Act to impose a maximum limit (or ceiling) on the holding of agricultural land in the State of Maharashtra; to provide for the acquisition and distribution of land held in excess of such ceiling; (to provide that the lands taken over from undertakigs and the integrity of which is maintained in compact blocks, for ensuring the full and efficient use of the land for agriculture and its efficient management through corporations (including a company) owned or controlled by the State, be granted to such corporations or company; and for matters connected with the purposes aforesaid. WHEREAS, for securing the distribution of agricultural land as best to subserve the common good, it is expedient in the public interest to impose a maximum limit (or ceiling) on the holding of agricultural land in the State of Maharashtra; to provide for the acquisition of land held in excess of the ceiling, and for the distribution thereof to landless and other persons; also to provide that the lands taken over from undertakings and the integrity of which is maintained in compact blocks for ensuring the full and efficient use of the land for agriculture and its efficient management through corporations (including a company) owned or controlled by the State, be granted to such corporations or company; and for matters connected with the purposes aforesaid; It is hereby enacted in the Twelfth Year of the Republic of India as follows:-

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

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

(3) It shall come into force on such 4date as the State Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires, -

(1) "agriculture" includes-

(a) horticulture,

(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),

(c) the use by an agriculturist of land held by him, or part thereof, for grazing,

(d) the use of any land, whether or not an appanage to rice or paddy land for the purpose of rab-manure,

(e) dairy farming,

(f) poultry farming,

(g) breeding of live -stock, but does not include the cutting of wood only;

(3) "agriculturist" means a person who cultivates land personally;

(3A) " Amending Act, 1972" means the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972;]

(4) " appointed day " means the day on which this Act comes into force;

(5) " class of land " means land falling under any one of the following categories, that is to say :-

(a) land with an assured supply of water for irrigation and capable of yielding at least two crops in a year, that is to say,-

(i) land irrigated seasonally as well as perennially by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from

any other natural source of water; or (ii) land irrigated perennially by a Government owned and managed lift from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water ;

(b) land [other than land falling in clause (c)] which has no assured perennial supply of water for irrigation, but has an assured supply of water for only one crop in a year, that is to say, land irrigated-

(i) seasonally by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water; or

(ii) perennially by a lift [other than a lift referred to in item (ii) of clause (a)] from any source constructed or maintained by the State Government or by and Zilla Parishad or from any other natural source of water; or

(iii) perennially from a privately-owned well situated on land within the irrigable command of any irrigation project, or in the bed of a river, stream or natural collection of water or drainage channel (being a river, stream, natural collection of water or drainage channel which is a perennial source of water);

(c) land irrigated seasonally by flow irrigation from any source constructed or maintained by the State Government or by any Zilla Parishad or from any other natural source of water with unassured water supply, that is, where supply is given under water sanctions

CHAPTER 02: LOWERING OF CEILING ON HOLDINGS

SECTION 03: PROHIBITION ON HOLDING LAND IN EXCESS OF CEILING AREA AND AREA IN EXCESS OF CEILING TO BE SURPLUS LANDS

(1) Subject to the provisions of this Chapter and Chapter III, no person or family unit shall, after the commencement date, hold land in excess of the ceiling area, as determined in the manner hereinafter provided.

Explanation.- A person or a family unit may hold exempted land to any extent.

(2) All land held by a person, or as the case may be, a family unit whether in this State or ceiling to any other part of India in excess of the ceiling area, shall, notwithstanding anything contained in any law for the time being in force or usage, be deemed to be surplus land, and shall be dealt with in the manner hereinafter provided for surplus land. In determining surplus land from the holding of a person, or as the case may be, of a family unit, the fact that the person or any member of the family unit has died (on or after the commencement date or any date subsequent to the date on which the holding exceeds the ceiling area, but before the declaration of surplus land is made in respect of that holding) shall be ignored; and accordingly, the surplus land shall be determined as if that person, or as the case may be, the member of a family unit had not died.

Explanation.- In calculating the ceiling area to be held in this State, and determining the surplus land, the area of land in any other part of India (being land which a person or family unit is entitled to hold in such other pan of India under any law relating to ceiling on land) shall be taken into consideration. Only land held in this State may be declared as surplus.

(3) where any land -

(a) is held by a family of which a person is a member,

(b) is held in or operated by a co-operative society of which a person is a member.

(c) is held by a person jointly with others,

(d) is held by a person as a partner in a firm, and the holding of such person or of a family unit of which such person is a member including the extent of share of such person, if any, in the land answering to any of the descriptions in clauses (a), (b), (c) or (d) above exceeds the ceiling area on or before the commencement date or on any date thereafter (hereinafter referred to as the relevant date), then for the purpose of determining the ceiling area and the surplus land in respect of that holding, the share of such person in the land aforesaid shall be calculated in the following manner : -

(i) in the land held by a family of which the person is a member, the share of each member of the family shall be determined so that each member who is entitled to a share on partition, shall be taken to be holding separately land to the extent of his share, as if the land had been so divided and separately held on the relevant date;

(ii) in the land held in or operated by a co -operative society or held jointly with others or held by a firm, the share of the person shall be taken to be the extent of land such person would hold in proportion of his share in the co-operative society, or his share in the joint holding or his share as partner in the firm, as if the land had been so divided and separately held on the relevant date.

(4) No land shall be taken into consideration more than once in calculating the ceiling area for the holding of any person, or as the case may be, of a family unit.

SECTION 04: LAND HELD BY A FAMILY UNIT

(1) All land held by each member of a family unit, whether jointly or separately, shall for held the purposes of determining the ceiling area of the family unit, be deemed to be held by the family unit.

Explanation.- A " family unit " means,-

(a) a person and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters if any; or

(b) where any spouse is dead, the surviving spouse or spouses, and the minor sons and minor unmarried daughters; or

(c) where the spouses are dead, the minor sons and minor unmarried daughters of such deceased spouses.

(2) For the purposes of this section, all declarations of dissolution of marriage made by a Court after the 26th day of September 1970, and all dissolutions of marriage by custom, or duly made, pronounced or declared on or after that date shall, for the purposes of determining the ceiling area to be held by a family unit, be ignored; and accordingly, the land held by each spouse shall be taken into consideration for that purpose, as if no dissolution had taken place. But, if a proceeding for dissolution of marriage has commenced before any Court before the aforesaid date, then the dissolution of marriage shall have full effect (whether the marriage is dissolved before or after that date), and shall be taken into consideration in determining the ceiling area of a family unit.

SECTION 05: CEILING AREA

(1) In each of the districts and talukas specified in column 1 of the First Schedule, for each class of land described in columns 2, 3, 4, 5 and 6 thereof, the ceiling area shall be the area mentioned under each such class of land against such district or taluka.

(2) If a person, or a family unit, holds land of only one class, the ceiling area for his or its holding shall be the ceiling area for that class of land.

(3) Where a person or a family unit holds different classes of land, then, for calculating whether the holding is equal to or in excess of the ceiling area, the total area of the holding shall be calculated in the following manner :-

The area of each class of land falling under sub -clauses (a), (b) or (c) of clause (5) of section 2 shall be converted into dry crop land falling under sub - clause (d) or as the case may be, sub-clause (e) of clause (5) of that section on the basis of the proportion which the ceiling area for the class of land to be converted, bears to the ceiling area for dry crop land falling under sub-clauses (d) and (e) of clause (5), then the conversion shall be made into land falling under sub -clause (e). If the area in terms of the dry crop land so arrived at, together with the area of such dry crop land, if any, in his or its holding, is equal to the ceiling area for dry crop land falling under sub -clause (d), or as the case may be, sub - clause (e), aforesaid, the holding shall be deemed to be equal to the ceiling area. If it exceeds the ceiling area, the holding shall be deemed to be in excess of the ceiling area.

SECTION 06: LANDS HELD IN EXCESS OF CEILING AREA DEEMED TO BE WITHIN CEILING AREA IN CERTAIN CIRCUMSTANCES

Where a family unit consists of members which exceed five in number, the family unit shall be entitled to hold land exceeding the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so however that the total holding shall not exceed twice the ceiling area, and in such case, in relation to the holding of such family unit, such area shall be deemed to be the ceiling area.

SECTION 07: PERSONS HOLDING BOTH EXEMPTED LAND AND OTHER LAND

Where a person or family unit holds both exempted land and other land (that is, land which is not exempted land) then,-

(a) if the area of exempted land is less than the ceiling area, he or it shall be entitled to hold so much only of other land as together with the area of exempted land, equals the ceiling area; and in such case, in relation to the holding of that person, or as the case may be, family unit, such area shall be deemed to be the ceiling area;

(b) in any other case, he or it shall not be entitled to hold any land which is not exempted land.

CHAPTER 03: RESTRICTIONS ON TRANSFERS AND ACQUISITIONS - CONSEQUENCES OF CONTRAVENTIONS

SECTION 08: RESTRICTION ON TRANSFER

Where a person, or as the case may be, a family unit holds land in excess of the ceiling area on or after the commencement date, such person, or as the case may be, any member of the family unit shall not, on and after that date, transfer any land, until the land in excess of the ceiling area is determined under this Act.

Explanation.- In this section, " transfer " means transfer, whether by way of sale, gift, mortgage with possession, exchange, lease, assignment of land for maintenance, surrender of a tenancy or resumption of land by a landlord or any other disposition, whether by act of parties made inter vivos or by decree or order of a court, tribunal or authority (except where such decree or order is passed in a proceeding which is instituted in such court, tribunal or before such authority before the 26th day of September 1970), but does not include transfer by way of sale or otherwise of land for the recovery of land revenue or for sums recoverable as arrears of land revenue, or acquisition of land for a public purpose under any law for the time being in force.

SECTION 09: RESTRICTION ON ACQUISITION OF LAND IN EXCESS OF CEILING AREA

No person or a member of a family unit shall at any time, on or after the commencement date, acquire by transfer any land if he, or as the case may be, the family unit already holds land in excess of the ceiling area or land which together with any other land already held by such person, or as the case may be, the family unit, will exceed in the total the ceiling area. Explanation.- In this section, transfer has the same meaning as in section 8

SECTION 10: CONSEQUENCES OF CERTAIN TRANSFERS AND ACQUISITIONS OF LAND

(1) If-

(a) any person or a member of a family unit, after the 26th day of September 1970 but before the commencement date, transfers any land in anticipation of or in order to avoid or defeat the object of the Amending Act, 1972 or

(b) any land is transferred in contravention of section 8 then, in calculating the ceiling area which that person, or as the case may be, the family unit, is entitled to hold, the land so transferred shall be taken into consideration, and the land exceeding the ceiling area so calculated shall be deemed to be in excess of the ceiling area for that holding, notwithstanding that the land remaining with him or with the family unit may not in fact be in excess of the ceiling area.

If by reason of such transfer, the holding of a person, or as the case may be, of the family unit is less than the area so calculated to be in excess of the ceiling area, then all the land of the person, or as the case may be, the family unit shall be deemed to be surplus land; and out of the land so transferred and in possession of the transferee [unless such land is liable to forfeiture under the provisions of sub -section (3)], land to the extent of such deficiency shall, subject to rules made in that behalf, also be deemed to be surplus land, notwithstanding that the holding of the transferee may not in fact be in excess of the ceiling area.

Explanation. - For the purposes of clause (a) ' transfer ' has the same meaning as in section 8. All transfers made after the 26th day of September 1970 but before the commencement date, shall be deemed (unless the contrary is proved) to have been made in anticipation of or in order to avoid or defeat the object of the Amending Act,

1972.

Explanation. - For the purposes of this sub -section, a transfer shall not be regarded as made on or before 26th September 1970 if the document evidencing the transfer is not registered on or before that date or where it is registered after that date, it is not presented for registration on or before the said date.

(2) If any land is possessed on or after the commencement date by a person, or as the case may be, a family unit in excess of the ceiling area, or if as a result of acquisition (by testamentary disposition, or devolution on death, or by operation of law) of any land on or after that date, the total area of land held by any person, or as the case may be, a family unit, exceeds the ceiling area, the land so in excess shall be surplus land.

(3) Where land is acquired in wilful contravention of section 9, then as a penalty therefor, the right, title and interest of the person, or as the case may be, the family unit or any member thereof in the land so acquired or obtained shall, subject to the provisions of Chapter IV, be forfeited, and shall vest without any further assurance in the State Government:

Provided that, where such land is burdened with an encumbrance, the Collector may, after holding such inquiry as he thinks fit and after hearing the holder and the person in whose favour the encumbrance is made by him, direct that the right, title and interest of the holder in some other land of the holder equal in extent to the land acquired in wilful contravention of section 9, shall be forfeited to Government

SECTION 11: RESTRICTION ON PARTITION

Where any land held by a family is partitioned after the 26th day of September 1970, the partition so made shall be deemed (unless the contrary is proved) to have been made in anticipation of or in order to avoid or defeat the object of the Amending Act, 1972, and shall accordingly be ignored, and any land covered by such partition shall, for the purposes of this Act, be deemed to be the land held by the family; and the extent of share of each person in the land held by the family shall be taken into consideration for calculating the ceiling area in accordance with the provision of section 3.

Explanation.- For the purposes of this section, ' partition ' means any division of land by act of parties made inter vivos, and includes also partition made by a decree or order of a court, tribunal or authority.

SECTION 11A: CEILING AREA WHERE LAND IS CONVERTED INTO ANOTHER CLASS

If any land held by a person, or as the case may be, a family unit is converted after the commencement date into any class of land described in sub-clauses (a), (b) or (c) of clause (5) of section 2, and thereby, the holding of the person or as the case may be, of the family unit, exceeds the ceiling area, the land so in excess shall be deemed to be surplus land with effect from the date of conversion (such date being a date to be notified in the Official Gazette by the State Government in respect of any area); and accordingly, the foregoing provisions of this Chapter shall apply to the holding.

CHAPTER 04: SURPLUS LAND

SECTION 12: SUBMISSION OF RETURNS

If any person or family unit

(1)(a) has at any time after the 26th day of September 1970 but before the commencement date held, or

(b) on or after the commencement date acquires, holds or comes into possession of, any land (including any exempted land), in excess of the ceiling area, or

(2)* * * * * * * * * (b) whose land is converted into another class of land in the circumstances described in [section 11-A], thereby causing his or its holding to exceed the ceiling area,] then, -

(i) in the case under sub -clause (a) of clause (1), within [one month] from the "[commencement date], and

(ii) in the case under sub -clause (b) of clause (1), within 34[one month] from the date of taking possession of any land in excess of the ceiling area, and

(iv) in the case under sub -clause (b) of clause (2), within three months from the date of such conversion (being the date notified under section 11 A), he or any member of the family unit shall furnish] to each of the Collectors within whose jurisdiction any land in his holding or the holding of the family unit is situate a return, in the form prescribed, containing the particulars of all land held by him or by the family unit, where a person or a member of a family unit holds a share in the land held by a family, the return shall also contain information regarding the total number of the members of the family, the extent of land falling to the share of each of the members who are entitled to share on partition, the names of members of each family unit notionally carved out of such family, and names of other members of each family unit, and the names of other members of the family. He shall also state the extent of his share, if any, in the lands held in the lands held in or operated by a co-operative society, or in a joint holding or in a firm; and the land held by him in any other part of India, if any]:

Provided that, in the case of a minor or lunatic, the return may be furnished by his guardian, and in the case of any other person under disability, by his authorised agent] :

Provided further that, where any person, or a member of a family unit, who is required to furnish a return dies, then, such return shall be furnished by his heir, or as the case may be, any other member of the family unit.

SECTION 12A: POWER OF STATE GOVERNMENT TO EXTEND TIME FOR FILING RETURN

Notwithstanding anything contained in section 12, the State Government may by an order in the Official Gazette extend the time limit of furnishing the return provided under any of the provisions of that section by such further period as may be specified in the order, and any extension of time for furnishing the return made by any order under the provisions of this Act before the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975. shall be deemed to have been duly made under this section as if this section was in force when such order was made.

SECTION 13: FAILURE TO SUBMIT RETURN

(1) Where a person or member of a family unit required by section 12 to furnish a return,-

(a) fails without reasonable cause so to do, within the time specified in that section, or

(b) furnishes a return which he knows, or has reason to believe, to be false, he shall be liable to pay a penalty which may extend in the former case to one hundred rupees, and in the latter case to five hundred rupees.

(2) Where the Collector has reason to believe that a person or a member of a family unit, required by section 12 to furnish a return has. without reasonable cause, failed so to do, or has submitted a return which he knows or has reason to believe to be false, the

Collector shall issue a notice calling upon such person or member to show cause within fifteen days of the service thereof, why the penalty provided by sub-section (1) should not be imposed upon him. If the Collector, on considering the reply or other cause shown, is satisfied that the person or member has without reasonable cause failed to submit the return within time, or has submitted a return which he knew or had reason to believe to be false, he may impose the penalty provided in the last preceding sub-section and require him to submit a true and correct return complete in all particulars, within a period of 46[fifteen days from the date of the order.

(3) If the person or member fails to comply with the order within the time so granted by the Collector, then as a penalty for failure to furnish a return, or a true and correct return complete in all particulars, the right, title and interest in the land held by him or as the case may be, by the family unit in excess of the ceiling area shall, subject to the provision of this Chapter, be forfeited to the State Government and shall thereupon vest without further assurance in that Government.

SECTION 14: POWER OF COLLECTOR TO HOLD ENQUIRY

(1) As soon as may be after the expiry of the period referred to in section 12, or the further period referred to in sub-section (2) of section 13, the Collector shall, either suo motu whether or not a return had been filed or on the basis of the returns submitted to him under either of those sections, and such record as he may consider it necessary to refer to, hold an enquiry in respect of every person for family unit holding land in excess of the ceiling area, and shall, subject to the provisions of this Chapter, determine the surplus land held by such person or family unit.

(2) Where a person or family unit holds land in two or more talukas of the same district, the enquiry shall be held by such officer or authority exercising the powers of the Collector whom the Collector-in-charge of the district may by order in writing designate.

(3) Where a person or family unit holds lands in two or more districts of the same division, the enquiry shall be held by the Collector whom the Commissioner may, by order in writing, designate.

(4) Where a person or family unit holds lands in different divisions, the enquiry shall be held by the Collector whom the State Government may, by order in writing, designate.

(4A) Where a person holding land is an industrial undertaking, the enquiry may be held by the Collector whom the State Government may, by order in writing, designate.

(5) The Collector so designated, shall for the purposes of the enquiry, be competent to exercise jurisdiction under this Act in respect of such person or family unit and the lands held by him or it.

SECTION 15: DIVISION OF SURVEY NUMBERS OR OF SUBDIVISIONS THERE OF IN DETERMINING AREA OF SURPLUS LAND

(1) Where, in delimiting the actual area of surplus land, a survey number or a sub-division of a survey number, is required to be divided, then-

(a) if the portion of such survey number or sub -division to be included in the surplus land, is a fragment, the whole of such survey number or sub-division shall be excluded from the surplus land,

(b) if the portion of such survey number or sub-division to be excluded from the surplus land, is a fragment, the whole of such survey number or sub-division shall be included in the surplus land

(c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such survey number or subdivision shall be included in the surplus land, and

(d) in any other case, the survey number or sub -division may be divided.

(2) Where any survey number, or sub-division of a survey number, is excluded under clause (a) of sub-section (1), the person or family unit holding it shall be entitled to hold it, notwithstanding that this or its holding exceeds the ceiling area; and accordingly, the holding so retained shall be deemed to be the ceiling area.

SECTION 16: SELECTION OF LAND FOR RETENTION IN CEILING AREA

(1) Where a person or a family unit holds land in excess of the ceiling area and the whole or part of such land -

(a) is subject to an encumbrance, or

(b) answers to the description of clause (bb) of section 18 then, subject to the provisions of sub-section (1) of section 10 and section 15, such person or the family unit shall retain such land (whether that land is held as owner or as tenant) up to the extent of the ceiling area.

(2) Subject to the provisions of sub-section (1) a person or family unit shall be entitled to select the lands he or it wishes to retain with himself or itself, up to the ceiling area.

(3) In the case of a family unit, where land is held by each spouse separately, then each spouse shall, subject to the provision of sub-section (2), be entitled to select land the spouse wishes to retain with himself or herself, so however that the lands to be retained bear the same proportion in which the lands are held by each spouse before the declaration.

SECTION 17: NOTICE TO PERSONS AFFECTED BY ENQUIRY UNDER SECTION 14

(1) For holding an enquiry under section 14, the Collector shall cause public notice, in the prescribed form, to be given at convenient places in the village or villages in which the land comprised in the holding is situate, specifying in the notice the land in respect of which enquiry is to be held to ascertain the surplus land (if any) held by the person or family unit, and calling upon all persons interested in the land to submit to the Collector their objections within a period of fifteen days from the date of publication of the notice. Where a public notice has been given as provided in this sub-section, then the holder and all persons who are interested in the land shall be deemed to have been duly informed of the contents of such notice. If in the course of any proceedings a question arises whether a person was duly informed of the contents of the notice given in pursuance of this subsection, the publication of notice in the manner provided in this sub-section shall, notwithstanding anything contained in subsection

(2), be conclusive proof that he was so informed of the contents of such notice.

(2) The Collector shall serve notices to the same effect on the holder, and all other persons who are known or believed to be interested in the land, calling upon them to appear before him personally or through ah agent on a date and at a time and place (such date not being earlier than fifteen days after the issue of notice), to be stated in the notice.

(3) The notices under sub-section (2) may also call upon the holder - (a) to state any objections or suggestions to the particulars given in the notice;

(b) to show cause, where necessary, why -

(i) any land transferred in contravention of the provisions of section 8. or any land transferred during the period specified in clause (a) of sub-section (1) of section 10, or any land partitioned in contravention of the provisions of section 11, should not be taken into consideration in calculating the ceiling area, as provided in sub-section (1) of section 10 or section 11,

(ii) any land acquired in wilful contravention of section 9 should not be forfeited, as provided by sub-section (3) of section 10,

(iii) any land held in excess of the ceiling area should not be forfeited to the State Government as provided by sub -section (3) of section 13,

(iv) any land referred to in sub -section (2) of section 10 or in section 6 [11 A] held by him should not be deemed to be surplus land as provided in that sub -section or in section 60[11 A];

(c) to state the land to be retained by the holder under section 16; and to furnish to the Collector in the prescribed form, the prescribed particulars of the land so to be retained.

Explanation.- Subject to the provisions of this Act and of the Amending Act, 1972, in this section and in the following provisions of this Act, the expression ' holder ', unless the context requires otherwise, includes a family unit.

SECTION 18: COLLECTOR TO CONSIDER CERTAIN MATTERS

On the day fixed for hearing under section 14, or on any other day or days to which the inquiry is adjourned, the Collector shall, after hearing the holder and other persons interested and who are present and any evidence adduced, consider the following matters, that is to say, -

(a) What is the total area of land which was held 62[by the holder on the 26th day of September 1970;

(b) whether any land transferred between the period from the 26th day of September 1970 and the commencement date, or any land partitioned after the 26th day of September 1970, should be considered or ignored in calculating the ceiling area as provided by sub-section (1) of section 10 or section 11;

(bb) whether the holder has any share in the land held by a family or held or operated by any co-operative society or held jointly with others or held as a partner in a firm; and the extent of such share;

(c) what is the total area of land held 64[by the holder on the commencement date]?

(d) whether any transfer or partition of land is made by the [holder] in contravention of section 8 or 11 and if so, whether the land so transferred or partitioned should be considered or ignored in calculating the ceiling area under the provisions of sub-section (1) of section 10 of section 11]?

(e) whether any land has been acquired or possessed on or after the commencement date by transfer or by partition?

(f) whether any land has been acquired on or after commencement date by testamentary disposition, devolution on death or by operation of law?

(g) what is the total area of land held at the time of the enquiry, and what is the area of land which the holder is entitled to hold?

(h) whether any land is held by the holder as tenant, and if so, whether his landlord has a subsisting right of resumption of the land for personal cultivation, under the relevant tenancy law applicable thereto?

(i) whether any land held by the holder is to be forfeited to Government under sub-section (3) of section 10, or of section 13, or should be deemed to be surplus land under any of the provisions of this Act?

(j) whether the proposed retention of land by the holder is in conformity with the provisions of section 16?

(k) which particular lands out of the total land held by the holder should be delimited as surplus land?

(L) any other matter which, in the opinion of the Collector, is necessary to be considered for the purpose of calculating the ceiling area, and delimiting any surplus land.

SECTION 19: POWER OF COLLECTOR TO RESTORE LAND TO LANDLORD IN CERTAIN CASES

Where during an enquiry into the holding of any person, or as the case may be, family unit under this Chapter, it appears that -

(a) the whole or any part of the surplus land, delimited under the foregoing provisions, is held by that person or family unit or is deemed to be held by that person or family unit from a landlord; and

(b) the landlord has a right of resumption for personal cultivation in respect of that land (or part thereof) under the relevant tenancy law applicable to such land, the Collector shall (unless that right is subject to proceedings instituted before the 26th day of

September 1970 before any Court, tribunal or other authority and pending at the time of such inquiry), notwithstanding anything contained in that tenancy law (but without prejudice to any right to resume land which is not delimited as surplus land), restore possession to the landlord of so much only of the surplus land, as he is entitled to resume, and which together with any other land held by him, or as the case may be, the family unit shall not exceed the ceiling area under this Act. The balance, if any, shall then be declared as surplus land.

SECTION 20: MANNER OF CONSIDERING CLAIM OF LANDLORD TO LAND, UNDER SECTION 19

(1) For the purpose of deciding the extent of land which should be restored to the possession of the landlord under section 19, the Collector shall issue a notice calling upon the landlord, -

(a) to state his claim for restoration of possession of such surplus land for the purpose of that section ;

(b) to show cause why the balance of such land should not be deemed to be surplus land.

(2) Such notice shall require the landlord to appear personally or by agent before the Collector on the date, and at the time and place therein mentioned (such date [not being later than fifteen days] after the issue of the notice).

(3) On the date fixed under sub-section (2), or on any other day or days to which the inquiry is adjourned, the Collector shall, after hearing the landlord or his agent and any other person interested in the surplus land and who are present, and after considering any evidence adduced, ascertain-

(a) whether the landlord is entitled to restoration of the possession of the whole or any part of such surplus land, and if so, the area and other particulars of such land; and

(b) whether the balance of any such land shall be surplus land, and if so, the extent and particulars of such land.

SECTION 21: COLLECTOR TO MAKE DECLARATION REGARDING SURPLUS LAND, ETC., AND CONSEQUENCES THEREOF

(1) As soon as may be after the Collector has considered the matters referred to in section 18 and the questions, if any, under subsection (3) of section 20, he shall make a declaration stating therein his decision on-

(a) the total area of land which the person or family unit is entitled to hold as the ceiling area;

(b) the total area of land which is in excess of the ceiling area;

(c) the name of the landlord to whom possession of land is to be restored under section 19, and area and particulars of such land;

(d) the area, description and full particulars of the land which is delimited as surplus land;

(e) the area and particulars of land out of surplus land, in respect of which the right, title and interest of the person or family unit holding it is to be forfeited to the State Government. The Collector shall announce his declaration in the presence of the holder and other persons interested who are present at the time of such declaration.

(2) After a declaration under sub-section (1) is made the Collector shall prepare a statement in the prescribed form giving details of the area, description and full particulars of the land which is delimited as surplus land, and also of the land therefrom, the right, title and interest in which is to be forfeited to the State Government. the Collector shall affix a copy of the statement at the village chawdi or any other prominent place at the village and shall also despatch a copy of the statement to the person or to the member of the family unit interested in the land delimited as surplus. On the date of the announcement of the declaration mentioned in the preceding subsection, the right, title and interest in the land which] is liable to forfeiture shall stand forfeited to and vest in the State Government. On and after the date of announcement of the declaration] no sale, gift, mortgage, exchange, lease or any other disposition (including any transfer in execution of a decree or order of a Court, tribunal or authority) shall be made of the land which is delimited as surplus land. If any such disposition or transfer is made, it shall be invalid, and of no effect. Explanation.- Declaration of any land as surplus shall not be deemed to be invalid merely on the ground that the statement giving details of the land is not affixed as aforesaid or has not been despatched to the person or member of the family unit as provided in sub –section (2)]:

Provided that, if -

(a) any right of resumption under the relevant tenancy law in respect of, or

(b) possession of or right to possession of, any land delimited as surplus, is subject to proceedings under any other law in any Court or tribunal, or before any authority, then

so much only of the land as the holder of the surplus land in such proceeding is finally held -

(i) not to be entitled to retain, or

(ii) not to be in possession of, or not to be entitled to possess, may be transferred in pursuance of such proceedings.

Explanation.- For the purposes of this proviso, the proceedings means proceedings for acquisition of land for a public purpose or for the

sale of land for realisation of land revenue or sums recoverable as arrears of land revenues, and any other proceedings instituted before the

26th day of September 1970 and pending on the commencement date in any Court, or tribunal or before any authority.

(3) The declaration made under this section. 86[subject to the decision of the Maharashtra Revenue Tribunal in appeal under section 33, pr of the State Government in revision under sub-section (2) of section 45], shall be final and conclusive, and shall not be questioned in any suit or proceedings in any Court.

(4) As soon as may be after the announcement of the declaration referred to in sub -section (2), the Collector, shall take, in the prescribed manner, possession of the land which is delimited as surplus and in the case of land which the landlord is entitled to resume, restore possession of the land to the landlord named] in the declaration. The surplus land shall, with effect from the date on

SECTION 21A: DAMAGES FOR USE AND OCCUPATION OF SURPLUS LAND

(1) A person or as the case may be. a family unit which possesses on or after the commencement date any land in excess of the ceiling area shall be liable to pay to the State Government for the period from the year following the year in which the excess area so held is declared surplus till the possession of surplus land is taken under section 21, such compensation for the Use and occupation of such land as the Collector may fix in the prescribed manner.

(2) Where an enquiry is pending on or after the commencement date for determining the surplus land under this Act as unamended by the Amending Act, 1972, the holder shall be liable to pay to the State Government for the period from the commencement date or the date on which the excess area is declared surplus under section 21. whichever is later, till the date of possession of the surplus land is actually taken under that section, compensation for use and occupation of such surplus land as the Collector may fix in the prescribed manner.

CHAPTER 05: COMPENSATION

SECTION 22: PAYMENT OF COMPENSATION

Compensation for any land, acquired, by the State Government for the purposes of this Act, shall be paid to the extent, and in the manner, hereinafter provided.

SECTION 23: QUANTUM OF COMPENSATION

In each of the districts and talukas specified in column 1 of the First Schedule, for each class of land described in column 2, 3. 4, 5, and 6 of that Schedule, the amount of compensation for surplus land acquired by the State Government under section 21 shall consist of (a) in the case of dry crop land falling under column 5 or 6 the price calculated at the price per hectare specified in column 7 of that Schedule, or]

(b) in the case of land falling under [columns 2, 3, and 4] of that Schedule, the price calculated at the price [per hectare] of dry crop land increased by one hundred, by fifty and by twenty-five per cent, respectively.

Explanation:- In the case of land referred to in clause (a), the price shall not in any case exceed one thousand rupees per hectare, and in the case of land referred to in clause (b), the price shall not in any case exceed five thousand rupees per hectare] :

Provided that in the case of land which is not cultivated for a continuous period of three years immediately before the commencement date, the price shall be twenty-five per cent, of the price calculated under clase (a) or (b), as the case may be

Provided further but subject to the previous proviso,-

(i) in the case of land held by a Bhumidhari who is an occupant, Class II falling under clause (b) of sub -section (3) of section 29 of the Code, the price calculated under clause (a) or (b), as the case may be shall be reduced by an amount equal to three times the revenue for the time being assessed thereon;

(ii) in the case of land which is impartible and non-transferable, the price shall be two-thirds of the price calculated under clause (a) or (b), as the case may be;

(iii) in the case of land held on lease from Government, the price shall be ten per cent, of the price calculated under clause (a) or (b), as the case may be; and , (c) the value of any trees, works, structures or fixtures; and]

(c)* * * **

(d) * * * *

(e) seven times the difference between the full land revenue leviable on alienated or inam land, and the land revenue payable thereon; and

(f) the cost of cultivation of the standing crop on such land, or if an agreement is reached, or arrangement is arrived at with the holder of the land for the disposal or harvesting of the crop whether before or after the vesting of the land under section 21, any sum so agreed upon, or arrangement so arrived at.

Explanation I.- Where the settlement of the land has not been done in any part of the State, then the assessment shall be 102[such as is fixed under section 68 of the Code or under section 7 of the Bombay Merged Territories an Areas (Jagirs Abolition) Act, 1953].

Explanation II. - For the purposes of clause (c), the value of a well shall be the difference between the value of the land which is irrigated by such well as irrigated land, and the value thereof as unirrigated land.

SECTION 24: COLLECTOR TO GIVE NOTICE CALLING UPON INTERESTED PERSONS TO SUBMIT CLAIMS TO COMPENSATION

(1) After possession of surplus land is taken over under sub-section (4) of section 21, the Collector shall cause public notice to be given in the village where the surplus land specified in the declaration is situate, requiring all claims to compensation from all persons interested in such land to be made to him.

(2) Such notice shall require the holder of the land and other persons interested therein (including persons who have any encumbrance lawfully subsisting on the land), to appear personally or by agent, before the Collector on the date and at the time and place therein mentioned (such date not being earlier than fifteen days after the date of publication of the notice), and to state the nature and the extent of their interest in the land [the value of any trees, works, structures or fixtures] and the amount and particulars of their claim to compensation therefor. Every such statement shall be made in writing, and shall be signed by the person interested, or his agent.

SECTION 25: DETERMINATION OF COMPENSATION AND APPORTIONMENT THEREOF

(1) On the day fixed under section 24, or any other day to which the enquiry is adjourned, the Collector shall enquire into all claims made for compensation and shall make an award determining,-

(a) the amount of compensation payable in accordance with the provisions of section 23,

(b) subject to the provisions of sub -section (2) and (3), the apportionment of the compensation among all the persons known or believed to be interested in the land in respect of whom or of whose claims, he has information, whether or not they have appeared before him.

(2) (a) In the case of land held by a tenant, compensation therefor shall be apportioned between the tenant and landlord as follows :-

(i) where the tenancy is not terminable on the expiratin of the period for which it was granted or by reason of usage, under the relevant tenancy law, compensation equal to three times the assessment leviable on the land shall be payable to the tenant, and the balance to the landlord ;

(ii) in any other case, the compensation payable to the tenant shall -

A. where the unexpired period of the lease does not exceed five years, be an amount equal to six times the assessment leviable on the land;

B. where the unexpired period of the lease exceeds five years but does not exceed ten years, be an amount equal to nine times the assessment leviable on the land;

C. where the unexpired period of the lease exceeds ten years but does not exceed twenty years, be an amount equal to twelve times the assessment leviable on the land ;

D. where the unexpired period of the lease exceeds twenty years, be an amount equal to fifteen times the assessment leviable on the land : and the balance shall in each case be payable to the landlord.]

[Explanation : - In considering the apportionment of compensation between landlord and tenant, the compensation referred to in clause (f) of section 23 and the value of structures, wells and embankments constructed and permanent fixtures made by the tenant shall be disregarded.]

(b) Subject to the provisions of sub -section (3), encumbrances for which the landlord is liable, shall be paid out of the amount of compensation payable to the landlord; and those for which the tenant is liable shall be paid out of the amount of compensation payable to the tenant.

(3) The apportionment of compensation amongst persons claiming encumbrances shall be determined in the following manner, that is to say:-

(a) if the total value of encumbrances of the land is less than the amount of compensation payable in respect of that land, the value of the encumbrances shall be paid to the holders thereof in full :

(b) if the total value of encumbrances on the land exceeds the amount of compensation payable in respect of the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order of priority.

(4) No award allowing compensation shall be made.-

(a) if the compensation exceeds twenty -five thousand rupees but does not exceed fifty thousand rupees, without the previous approval of the Commissioner, and

(b) if the compensation exceeds fifty thousand rupees, without the previous approval of the State Government.

(5) The award of the Collector, subject to an appeal to the Maharashtra Revenue Tribunal under section 33, and the decision of that Tribunal in appeal, shall be final and conclusive, and shall not be questioned in any suit or proceeding in any Court.

SECTION 26: MODE OF PAYMENT OF AMOUNT OF COMPENSATION

(1) The amount of compensation may, subject to the provisions of subsection (3), be payable in transferable bonds carrying interest at three per cent, per annum.

(2) The bonds shall be -(a) of the following denominations, namely : -Rs. 50; Rs. 100; Rs. 200; Rs. 500; Rs. 1,000; Rs. 5,000; and Rs. 10,000; and (b) of two classes - one being repayable during a period of twenty years from the date of issue by equated annual instalment or principal and interest, and the other being redeemable at par at the end of a period of twenty years from the date of issue. It shall be at the option of the person receiving compensation to choose payment in one or other class of bonds or partly in one class and partly in another].

(3) Where the amount of compensation or any part thereof, cannot be paid in the aforesaid denomination, it may be paid in cash.

CHAPTER 06: DISTRIBUTION OF SURPLUS LAND

SECTION 27: DISTRIBUTION OF SURPLUS LAND

(1) Subject to any rules made in this behalf, land (other than grazing land or tank land or land notified by the State Government as not capable of being disposed of for cultivation) which is acquired by and vests in the State Government as not capable of being disposed of forcultivation) which is acquired by and vests in the State Government under section 21 shall, subject to the provisions of the code, be granted by the Collector or any other officer authorised in this behalf by the State Government in the order of priority set out in sub-sections (2), (3), (4) and (5).

(2) Where the surplus land belonged to a holder, who at any time before the commencement date, by resuming land from his tenant for personal cultivation under any tenancy law, has rendered that tenant landless, the surplus land shall first be offered to that tenant.

(3) Where any part of the holding of a person which consists of one or more compact blocks is declared as surplus land under this Act, then such surplus land-(a) shall first be offered to the landlord who had leased the land to such person and such landlord has not exercised his right of resumption under the relevant tenancy law or under section 19; and (b) then to a person, who being previously employed on the compact block as an agricultural labourer or as technical or other staff engaged on or in relation to the agricultural produce raised or grown thereon, has been rendered unemployed as a result of the land of such block being declared surplus land.

(4) Thereafter, fifty per cent, of the surplus land [excluding lands referred to in sub-section (2), and (3)] shall be reserved for distribution to landless persons belonging to the Scheduled Castes. Scheduled Tribes (Whether residing in the Scheduled area or not) and landless persons belonging to such nomadic tribes, vimukta jatis and backward classes as may be notified by the State Government from time to time, and land so reserved shall be granted to such persons in accordance with the rules made in this behalf. Such rules may provide for fixing priorities.

(5) Thereafter, all surplus land [including surplus land which has not been granted under sub-section (2), and (3)] shall offered on the following order of priority, that is to say,-

(i) a person from whom any land has been resumed by his landlord for personal cultivation under any tenancy law, and who in consequence thereof has been rendered landless, provided that such person is a resident of the village in which the surplus land for distributions is situate or within eight kilometers thereof:

(ia) A non -Tribal-transferee whose land (being land of a Tribal - transferor transferred to the non -Tribal-transferee has been restored to the Tribal-transferor under the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, and who holds no other land and who earns his livelihood principally by manual labour on agricultural land.

Explanation.: - For the purposes of this clause, the expressions " non- Tribal -transferee " and " Tribal-transferor " shall have the meanings respectively assigned to them in the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974;"

(ii) a person who had leased his land to any undertaking referred to in section 28, provided that, such person is a resident of the taluka in which the surplus land for distribution is situate, the net annual income of such person from all sources does not exceed four thousand rupees, and such person has not been granted any land under section 28 -1AA;

(iii) serving members of the armed forces, and ex-servicemen, or where any such person dies before any land being granted to him by Government under this Act or any law for the time being in force or any executive orders, then his dependants;

(iv) landless persons :

Provided that, if there are persons having the same order of priority, then the person who is a resident within eight kilometres of the outer limit of the village in which the

SECTION 27A: POWER OF COLLECTOR TO GRANT LAND (OR PUBLIC PURPOSES, ETC.

Notwithstanding anything contained in section 27. -

(1) the Collector may, with the previous approval of the State Government, grant or make available any surplus land for any public purpose only if any Government land is not suitable, or any other land is not found suitable for acquisition, for such public purpose, under the Land Acquisition Act, 1894;

(2) where any surplus land belonging to any industrial undertaking vests in the State Government on or after the commencement date, the State Government may, if it considers necessary in the interest of efficient use of the land for agriculture and its efficient management, direct that the said land shall be disposed of in the manner provided for in section 28-1AA.

SECTION 28: SPECIAL PROVISION IN RESPECT OF LAND TAKEN OVER FROM INDUSTRIAL UNDERTAKING TO ENSURE EFFICIENT CULTIVATION AND CONTINUED SUPPLY OF RAW MATERIAL

(1) Where any land held by an industrial undertaking is acquired by, and vests in, the State Government under section 21, such land being land which was being used for the purpose of producing raw material for the manufacture of goods, articles or commodities by the undertakings, the State Government shall take care to ensure that the acquisition of land does not affect adversely the production or raw material.

(2) Notwithstanding anything contained in section 27 but subject to any rules made in this behalf for the purpose of ensuring the full and efficient use of the land for agriculture and its efficient management, the State Government -

(a) may if it is in the opinion of the Government necessary for the purpose aforesaid (such opinion being formed after considering the representation of person interested therein) maintain the integrity of the area so acquired, in one or more compact blocks, and

(b) may subject to such terms and conditions grant the land or any part thereof to a joint farming society (or a member thereof) consisting as far as possible, of-

(i) persons who had previously leased such land to the undertaking,

(ii) agricultural labour (if any) employed by the undertaking on such land,

(iii) technical or other staff engaged by the undertaking on such land or in relation to the production or supply of any raw material,

(iv) adjoining landholders who are small holders,

(v) landless persons :

Provided that, the State Government may, - (a) for such period as is necessary for the setting up of joint farming societies as aforesaid being not more than three years in the first instance (extensible to a further period not exceeding two years) from the date of taking possession of the land, direct that the land acquired, or any part thereof, shall be cultivated by one or more farms run or managed by the State or by one or more corporations (including a company) owned or controlled by the State] ;

(3) The State Government may provide that,-

(a) for the breach of any term or condition referred to in clause (b) of sub -section (2), or

(d) for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the joint farming society should continue to cultivate the land, the grant shall, after giving three months' notice or termination thereof and after giving the other party reasonable opportunity of showing cause, be terminated, and the land resumed. Thereafter, the State Government may make such other arrangements as it thinks fit for the proper cultivation of the land and maintenance of the production of raw material

SECTION 28:-1A INTERIM ARRANGEMENT FOR GRANT OF LAND, PENDING SETTING UP OF JOINT FARMING SOCIETIES IN ACCORDANCE WITH SCHEME

Deleted by Mah. 27 of 1970. s.7.

SECTION 28: 1AA POWER OF STATE GOVERNMENT TO GRANT LAND TO STATE CORPORATIONS

Special provision in respect of land taken over from industrial undertaking to ensure efficient cultivation and continued supply of raw material

(1) The State Government may by notification in the Official Gazette, not later than ninety days from the commencement of the Maharashtra Agricultural Lands Ceiling on Holdings) (Amendment) Act, 1970, grant the surplus land taken over from the industrial undertakings and referred to in section 28 and which is being cultivated by one or more corporations (including a company) owned and controlled by the State to such corporation, or corporations, as the case may be subject to such terms and conditions, including in particular, the condition of maintaining the integrity of the surplus land, in one or more compact blocks.

On the grant of such surplus land to one or more corporations as aforesaid the provisions of section 28 so far as they provide for setting up of joint farming societies shall not apply in relation to such surplus land.

(2) The State Government may provide that -

(a) for the breach of any term or condition referred to in sub -sec. (1). or

(b) if it considers after such inquiry as it thinks fit, that the production [of raw material] is not maintained at the level or in the manner which, with proper and efficient management it ought to be maintained, or

(c) for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the corporation (including a company) should continue to cultivate the land, the grant shall, after giving three month's notice of termination thereof, and after giving the corporation reasonable opportunity of showing cause be terminated, and the land resumed. Thereafter, the State Government may itself take steps by running or managing one or more farms for the proper cultivation of the land 123[and maintenance of the production of raw material.

(3) The State Government may, subject to the provisions of sub-sections (4) and (5), after ascertaining the views of persons interested in the land referred to in sub-section (1) also grant a part of such land to a person who had previously leased his land to the undertaking, whose net annual income from all sources does not exceed four thousand rupees and who (not being a public trust) requires that land for personal cultivation subject to such terms and conditions as may be specified in this behalf.

(4) The area and particulars of land to be granted under sub-section (3) shall be such as the State Government may, having due regard to the need to maintain the integrity of the farm in one or more compact blocks, by order in writing specify.

(5) The State Government shall, in making the grant under sub-section (3) ensure that -

(a) the grant to such person does not affect adversely the production, of raw material

(b) the extent of land granted to such person, notwithstanding anything contained in any law providing for prevention of fragments, does not exceed 1.82 hectares, and where the land so leased to the undertaking is itself less than 1.82 hectares does not exceed the area of land so leased, or

(c) Where the family of any such person consists of more than five members, the extent of additional land to be granted to such person is determined on the basis of 36.4 acres for each member in excess of five, so however, that the total land so granted does not exceed the area of the land originally leased by such person to the undertaking or 3.64 hectares. whichever is less  Provided that, if any member of the family holds any land separately, he shall not be regarded as a member of that family for purposes of clause (c) :

(d) where such person is a public trust and the major portion of the income from the land is being appropriated for purposes of education

SECTION 28: 1B SUPPLY OF RAW MATERIAL AND REGULATION OF FAIR PRICE

Deleted from 1st October 1969 by Mah. 50 of 1973. s. 4( 1).

SECTION 28A: SPECIAL PROVISION IN RESPECT OF CERTAIN HOLDINGS TO ENSURE THEIR INTEGRITY, ETC

Deleted by Mali. 21 of 1975. s. 22.

SECTION 29: RESTRICTION ON TRANSFER OR DIVISION OF LAND GRANTED UNDER S. 28

(2) If sanction is given by the Collector to any transfer or division under sub-section (1) subsequent transfer or division of land shall also be subject to the provision of sub-section (1).

(3) Any transfer or division of land, and any acquisition thereof, in contravention of sub-section (1) or sub-section (2) shall be invalid; and as a penalty therefor, any right, title and interest of the transferor and transferee in or in relation to such land shall, after giving him an opportunity to show cause, be forfeited by the Collector and shall without further assurance vest in the State Government.

CHAPTER 07: PROCEDURE AND APPEAL

SECTION 30: POWERS OF COLLECTOR IN MAKING INQUIRIES

In making inquiries under this Act, the Collector shall have the same powers as are vested in Courts under the Code of Civil Procedure, 1908 in trying a suit, in respect of the following matters, namely :-

(a) proof of facts by affidavit:

(b) summoning and enforcing the attendance of any person, and examining him on oath; and

(c) compelling the production of documents. If a holder dies during the course of any inquiry under this Act, then the Collector shall cause the legal representative of the deceased holder to be brought on record, and the Collector shall then proceed with the inquiry.

SECTION 31: MANNER OF RECORDING DECISIONS OF COLLECTOR

Every decision of the Collector shall be recorded in the form of an order, which shall state reasons for such decision.

SECTION 32: SERVICE OF NOTICES

(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by, or by order of, the Collector

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing a copy on the outer door of the house in which the person them named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the Collector and also in some conspicuous part of the land in respect of which inquiry is to be held :

Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may be proved by the production of the addressee's receipt.

SECTION 33: APPEALS

(1) An appeal against an order or award of the Collector shall lie to the Maharashtra Revenue Tribunal in the following cases:-

(1) an order under sub -sections (2) and (3) of section 13 (not being an order under which a true and correct return complete in all particulars is required to be furnished)

(2) a declaration or any part thereof under section 21 ;

(2a) an order under section 21 -A;

(3) an award under section 25;

(4) an order refusing sanction to transfer or divide land under section 29;

(5) an order of forfeiture under sub -section (3) of section 29:

(6) an amendment of declaration or award under section 37; and

(7) an order of summary eviction under section 40.

(1A) Any respondent, though he may not have appealed from any part of the decision, order, declaration or award, may not only support the decision, order, declaration or award, as the case may be, on any of the grounds decided against him, but take cross objection to the decision, order, declaration or award which he could have taken by way of an appeal : Provided that, he has filed the objection in the Maharashtra Revenue Tribunal within [thirty days] from the date of service on him of notice of the day fixed for hearing the appeal, or such further time as the Tribunal may see fit to allow; and thereupon, the provisions of Order 41, rule 22 of the First Schedule to the Code of Civil Procedure, 1908, shall apply in relation to the cross-objection as they apply in relation to the cross objection under that rule.

(2) Every petition of appeal under sub-section (1), shall be accompanied by a copy of the decision, order, declaration or award, as the case may be, against which the appeal is made.

(3) In deciding such appeal, the Maharashtra Revenue Tribunal shall exercise all the powers which a Court has, and follow the same procedure which a Court follows, in deciding appeals from the decree or order of an original Court, under the Code of Civil

Procedure, 1908

SECTION 34: POWER OF MAH. REVENUE TRIBUNAL TO CONFIRM, ORDER, ETC

The Maharashtra Revenue Tribunal, in deciding an appeal under section 33, may confirm, modify or rescind the decision, order, declaration or award or the amended declaration or award, as the case may be.

SECTION 35: LIMITATION FOR APPEALS

Every appeal under this Act shall be filed within a period of fifteen days from the date of the decision, order, declaration or award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal.

SECTION 36: COURT-FEE XXX-VI OF 1959

Notwithstanding anything contained in the Bombay Act, 1959, every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a Court-fee stamp,-

(i) in the case of a declaration of the Collector under section 21 or an amended declaration under section 37, of twenty-five rupees ;

(ii) in the case of an award of the Collector under section 25 or an amended award under section 37, of an amount equal to five per cent, of the difference between the amount of compensation awarded to the appellant and that claimed by him in his appeal or rupees fifteen, whichever is more; and

(iii) in any other case, of five rupees.

CHAPTER 08: MISCELLANEOUS

SECTION 37: POWER OF COLLECTOR TO CORRECT CLERICAL, ETC. MISTAKES IN DECLARATION OR AWARD

Any clerical or arithmetical mistake in the declaration made under section 21, or in an award made under section 25, or errors arising therein from accidental slips or omissions, may be corrected by the Collector, either of his own motion or on the application of a person interested in the declaration or award, and the declaration or award as corrected, shall be deemed to have been amended accordingly :

Provided that, no declaration or award shall be corrected unless an opportunity is given to the person whose interest may be affected as a result of such correction to be heard.

SECTION 38: SUMS RECOVERABLE AS ARREARS OF LAND REVENUE

Any sum, whether by way of occupancy price, rent. fine, overpayment of compensation payable under section 21-A or otherwise payable by any person to the State Government by or under the provisions of this Act, shall, if not paid by such person, be recoverable as an arrear of land revenue

SECTION 39: MODE OF PUTTING PERSONS IN POSSESSION OF LANE

(1) Any order of the Collector, or any other officer authorised under section 27 awarding possession or restoring the possession or use of any land, shall be executed by the Mamlatdar or the Tahsildar within whose jurisdiction the land is situate in the manner provided in section 21 of the Mamlatdars' Court Act, 1906, as if it were the decision of the Mamlatdar under that Act.

(2) An order of the Maharashtra Revenue Tribunal in appeal, or of the State Government in revision] shall be executed in the manner provided for the execution of the order of the Collector under sub-section (1).

SECTION 40: SUMMARY EVICTION

Any person, unauthorisedly occupying or wrongfully in possession of, any land -

(a) which vests in the State Government under this Act. or

(b) to the use and occupation of which he is not entitled under the provisions of this Act, may be summarily evicted by the

Collector after such inquiry as he deems fit.

SECTION 40A: PENALTY FOR FAILURE TO FURNISH RETURNS ETC

(1) If any person or any member of a family unit who is liable to furnish a return as required by section 12, fails to furnish the return within the time provided by or under this Act or furnishes a return which he knows or has reason to believe to be false, he shall in addition to the penalty prescribed in section 13, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.

(2) No Court shall take cognisance of an offence punishable under this Act except with the previous sanction of the Collector, which sanction shall be accorded subject to such rules as may be prescribed.

SECTION 41: BAR OF JURISDICTION

No civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the [Commissioner. Collector], [tribunal], the officer authorised under section 27, the Maharashtra Revenue Tribunal or the State Government.

Explanation. - For the puipose of this section a civil Court shall include a Mamlatdar's Court constituted under the mamlatdar's Court Act. 1906.

SECTION 42: INQUIRIES AND PROCEEDINGS TO BE JUDICIAL PROCEEDINGS

All inquiries and proceedings before the Collector, 147[the Tribunal] and the Maharastra Revenue Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193. 219 and 228 of the Indian Penal Code.

SECTION 43: XLV OF 1860

The officers functioning by or under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

SECTION 43A: PARTICULARS TO BE FURNISHED WHERE LAND IS HELD IN JURISDICTION OF MORE THAN ONE VILLAGE ACCOUNTANT

(1) Every person holding land, whether as owner or tenant or partly as owner and partly as tenant, on the 26th day of September 1970. or on any date thereafter, in the jurisdiction of more than one village accountant, shall from time to time within the prescribed period, furnish in the prescribed manner, true and correct particulars of all the land so held by him to each of the Tahsildars within whose jurisdiction any such land is situate. The person shall also furnish such particulars of land held by him. If any. in any other part of India to any Tahsildar

(2) Where a Tahsildar has reason to believe that a person has. without reasonable cause, failed to furnish particulars of land held by him within the prescribed period, or has furnished particulars which he knows or has reason to believe to be false, the Tahsildar shall issue a notice calling upon such person to show cause within fifteen days of the service thereof, why the penalty provided by sub-section (3) should not be imposed upon him. If the Tahsildar, on considering the reply or other cause shown, is satisfied that the person has, without reasonable cause, failed to furnish the particulars within time, or has furnished particulars which he knew or had reason to believe to be false, he may impose penalty provided in sub-section (3) and require him to submit true and correct particulars within a period of one month from the date of the order.

(3) Where a person fails to furnish the particulars within the period prescribed under sub-section (1) or the period referred to in sub-section (2) or furnishes particulars which he knows or has reason to believe to be false, he shall be liable to pay penalty of twenty-five rupees.

SECTION 44: PROTECTION OF ACTION TAKEN UNDER THIS ACT

No suit, prosecution or other legal proceedings shall lie against any person for anyting which is in good faith done, or purported to be done, by or under this Act.

SECTION 44A: TRIBUNAL TO XERCISE POWERS AND PERFORM DUTIES OF COLLECTOR IN CERTAIN AREAS FOR CERTAIN PURPOSES OF ACT TO THE EXCLUSION OF COLLECTOR

Where a Tribunal has been constituted or re-constituted under section 2A for any area or areas or for any purpose or purposes of this Act or for any provision or provisions thereof, then, notwithstanding anything contained in this Act or for any provision or provisions thereof, then, notwithstanding anything contained in this Act. the Tribunal alone, to the exclusion of the Collector, shall exercise all the powers and perform all the duties of the Collector under any of the provisions of this Act except the provisions of sub-section (6) of section 2A or subsection

(2) of section 45A] or any rules thereunder in relation to such area or areas or in relation to such purpose or purposes or in relation to such provision or provisions, and reference in any such provision of this Act or the rules to the Collector shall be deemed to be a reference to the Tribunal, and those provisions shall be construed accordingly.

SECTION 44B: PLEADERS, ETC. EXCLUDED FROM APPEARANCE

Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Authorised Officer, the Tribunal, the Collector, the Commissioner, the State Government or the Maharashtra Revenue Tribunal :

Provided that, where a party is a minor or lunatic, his guardian may appear, and in the case of any other person under disability, his authorised agent may appear.

Explanation. - For the purposes of this section, the expression "pleader " includes an advocate, attorney, vakil or any other legal practitioner.

SECTION 45: CONTROL

SECTION 45A: POWER OF REVISION OF COMMISSIONER IN INQUIRIES AND PROCEEDINGS UNDER SECTION 27

(1) Subject to the provisions of this section, the Commissioner may suo motu or on an application made to him by an aggrieved person or on a reference made in this behalf by the State Government, at any time -

(a) call for the record of any inquiry or proceedings under section 25 (except in cases where an appeal has been filed), or as the case may be, section 27 for the purpose of satisfying himself as to the legality or propriety of any inquiry or proceedings (or any part thereof), and

(b) pass such order thereon as he deems fit after giving the parties concerned a reasonable opportunity of being heard : Provided that, except in the case of a reference from the State Government, no such record shall be called for after the expiry of a period of one year from the date the award of compensation is made by the Collector under section 25, or as the case may be, the grant of land is made by the Collector under section 27.

(2) Where the inquiry or proceedings referred to in sub-section (1) is held by an officer, or by a Tribunal of which the Chairman is an officer, below the rank of an Assistant or Deputy Collector, the powers of the Commissioner under sub-section (1) may be exercised by the Collector to whom such officer is subordinate.

(3) Where any order is passed by the Collector under sub-section (2), the same may, in the manner and subject to the conditions laid down in subsection (1), be revised by the Commissioner.

SECTION 46: POWER TO MAKE RULES

(1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the form of return, and particulars to be given therein under section 12;

(b) the form of public notice to be given under sub-section( 1), and the form containing particulars to be furnished under clause (c) of sub-section (3) of section 17 ;

(c) rules to be made for granting land vesting in Government under section 27;

(d) rules to be made for the purposes of section 28;

(e) the circumstances under which and the conditions subject to which sanction may be given under section 29 ;

(g) generally, for the guidance of officers in all matters connected with enforcement of this Act.

(3) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following, and publish in the Official Gazette.

SECTION 47: EXEMPTED LANDS

(1) The following lands shall be exempt from the provisions of this Act, that is to say.-

(a) land held by Government (including the Central Government, or any other State Government) or land held by a corporation (including a company) owned or controlled by a State or the Union ;

(b) land belonging to, or held on lease from or by, a local authority, or a University established by law in the State of Maharashtra, or agricultural college, or school or any institution doing research in agriculture approved by the State Government;

(c) land held by such regimental farms as may be approved by the State Government in the manner prescribed ;

(d) lands leased by the Land Development Bank or the Central Cooperative Bank or a Primary Co-operative Society before the 4th day of August 1959;

(e) land held by a bank or a co-operative society as security for recovery of its dues.

Explanation: - For the purposes of clause (e). -

(1) " bank " means, -

(i) a banking company as defined in the Banking Regulation Act, 1949 :

(ii) the State Bank of India constituted under the State Bank of India Act, 1955

(iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 ;

(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act. 1970 :

(v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 :

(vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963;

(vii) any Agro -Industries Corporation;

(viii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 ;

(2) "co-operative society" means a co -operative society registered or deemed to be registered under the " Maharashtra Co -operative Societies Act, 1960, and includes a co-operarative land development bank;"

(2) Subject to any rules made in this behalf, the State Government may, after such inquiry as it deems fit. by an order in the Official Gazettet, exempt from the provisions of this Act any of the following lands on such terms and conditions including the extent of area to be exempted as may be specified in the order, namely : -

(a) land held before the 26th day of September 1970 by a public trust or a wakf the major portion of the income of such land being appropriated for the purpose of education or medical relief or both or where the major portion of the income is not so appropriated but an undertaking in the prescribed form is given within six months of the commencement date (or within such further period as the State Government may allow in that behalf) to the Collector, that the major portion of the income of such land will, within a period of two years from the date of publication of the order granting exemption be appropriated for those purposes;

(b) land held before the 26th day of September 1970 by any person for shid farm or by any public trust or wakf for panjrapole or gaushala ;

(bb) land held before the 26th day of September 1970 by a public limited company, a public trust or wakf for the purpose of breeding of cattle or sheep :

Provided that, nothing in this clause shall apply to land used for raising of garden produce or crops (other than grass or fodder crop) any time during a continuous period of

SECTION 48: ENACTMENTS AMENDED WITH EFFECT FROM THE COMMENCEMENT OF THE AMENDING ACT. 1972

, the enactments specified in the Second Schedule shall be and are hereby amended in the manner and to the extent specified in the fourth column thereof

SECTION 49: POWER TO REMOVE DIFFICULTIES

If any difficulty arises, in giving effect to the provisions of this Act as amended by the Amending Act, 1972 (and in particular to the ascertainment of the ceiling area, and the ascertainment and distribution of any surplus land), the State Government may, by order published in the Official Gazette, make such provisions, give such directions, or do anything, which appears to it to be necessary for the purpose of removing the difficulty.