In exercise of the
powers conferred by section 46 of the Maharashtra Agricultural Lands (Ceiling
on Holdings) Act, 1961 (Mah. XXVII of 1961), and of all other powers enabling
it in that behalf, the Government of Maharashtra hereby makes the following
rules the same having been previously published as required by sub-section (1)
of the said section 46, namely :- These rules may be called the Maharashtra
Agricultural Lands (Ceiling on Holdings) Rules, 1962. In these rules, unless the context otherwise
requires,- (a)
"Act"
means the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961; (b)
"Form"
means a form appended to these rules; (c)
"Section"
means a section of the Act; (d)
"Mamlatdar"
includes a Mahalkari, a Tahsildar and a Naib-Tahsildar; (e)
Words
and expressions used, but not defined, shall have the same meanings as in the
Act. [1][***] [2][***] [3][***] The particulars of land to be retained by a
holder under section 16 shall be furnished to the Collector in Form VI. The notification to be issued under
sub-section (2) of section 21 shall be in Form VII. (1)
The
Collector may, for the purpose of taking possession of surplus land under
sub-section (4) of section 21, authorise an officer not below the rank of a
Circle Inspector or Revenue Inspector (hereinafter referred to as the
authorised officer) to take possession of the land which is delimited as
surplus land. (2)
The
authorised officer shall thereupon give public notice in Form VIII at a
convenient place on or near the land stating that he intends to take possession
of the land on the date and at the time and place therein mentioned and that
the holder of the surplus land and all other persons interested therein should
remain present on the date and at the time and place so specified. The
authorised officer shall also publish the notice by beat of drum in the village
in which the surplus land is situate and by affixing copies thereof in village
chavadi. (3)
The
authorised officer shall also serve notice to the same effect on the holder of
land in the manner provided in section 32. (4)
On
the appointed date and at the time and place specified in the notice, the
authorised officer shall, in the presence of the holder of the land and other
persons interested therein, who may be present, make a panchanama in respect of
the following matters, namely :- (a)
whether
the land or any part thereof was not cultivated for a continuous period of
three years immediately before the appointed day; (b)
where
the land or any part thereof is used for grazing; (c)
whether
there are any standing crops on the land; and if so, the estimated cost of
cultivation thereof; (d)
whether
there is a well in the land; and if so, the season during which it is used for
irrigation and the extent of land irrigated by it; (e)
whether
there are any structures or embankments constructed or permanent fixtures on
the land; (f)
whether
there are any trees standing on the land. (5)
After
the panchanama is made, the authorised officer shall take over possession of
the land from the holder. If the holder fails to be present at the appointed
time and place, the officer shall take over possession of the surplus land in
the presence of the panchas, and make a panchanama of his having taken over
possession of the said land. After the possession of the land is taken, the
officer shall make a report to that effect to the Collector, and forward the
panchanama or as the case may be, panchanama, alongwith the report. The public notice to be given under
sub-section (1) of section 24 shall be in Form IX. (1)
As
soon as may be, after the date on which any land is declared to be surplus land
under section 21, or where any land provisionally omitted under sub-rule (6)
from the statement of surplus lands available for distribution becomes so
available, the Collector or the authorised officer shall issue a public notice
in Form X containing a list of surplus lands (not being grazing lands or lands
to be disposed of under section 28) that are available for distribution in the
village and call upon persons and bodies mentioned in sub-sections (2) to (5)
of section 27 to submit to him within one month from the date of publication of
the notice, applications in Form XI for grant of any land included in the list. (2)
The
public notice under sub-rule (1) shall be published in the village in which the
land is situate, and also in the village within a radius of live miles from
such village by beat of drum. Copies of the notice shall also be affixed on the
notice board in the office of the Collector, the authorised officer, the Mamlatdar
and of the village panchayat and in the village chavdi, and where a village has
no panchayat, at any prominent place in the village. (3)
On
the expiry of the period specified in the public notice, the Collector or the
authorised officer shall, as soon as may be, scrutinise the applications
received in pursuance of the notice, and having regard to the provisions of
sub-section (7) of section 27, draw up a provisional statement in Form XII
indicating therein each land and the applicants therefor (arranged according to
the order of priority provided by section 27) who are eligible for the grant of
that land and publish the provisional statement in the manner provided in
sub-rule (2), alongwith a notice in Form XIII, calling upon the persons
concerned to submit to him within one month from the date of publication of the
notice, their objections in relation to any matter provided in the provisional
statement, and inviting applications in Form XI for grant of surplus land in
respect of which there are no applicants. (4)
The
Collector or the authorised officer shall also send a copy of the provisional
statement to the District Deputy Registrar of Co-operative Societies. On
receipt of such copy, the District Deputy Registrar of Co-operative Societies
shall, after making such inquiry as he deems fit, forward to the Collector or
the authorised officer within one month from the receipt of the copy of the
statement, his suggestions or recommendations regarding suitability or
otherwise of the joint farming societies or farming societies which have
applied for grant of land. (5)
After
the expiry of the period referred to in sub-rules (3) and (4), the Collector or
the authorised officer - (a)
shall
consider (i)
the
objections, if any, received in relation to the matters provided in the provisional
statement; (ii)
new
applications received for grant of land in pursuance of notice issued under
sub-rule (3); and (iii)
the
suggestions or recommendations submitted by the District Deputy Registrar of
Co-operative Societies under sub-rule (4), and (b)
shall,
after holding such further inquiry as he may deem fit, and after ascertaining
the requirements of persons under sub-rule (6), amend or modify, if necessary,
any entry in the provisional statement, and draw up a final statement in Form
XII. (6)
If
at the time of drawing up a final statement it comes to the notice of the
Collector or the authorised officer that - (a)
any
land included in the statement has not been finally declared as surplus land,
or (b)
an
appeal against the declaration of any land as surplus land is still pending, he
shall omit such land from the final statement, and thereupon the Collector or
the authorised officer shall, ascertain from the applicant for land to omitted
whether he wants any other surplus land available for distribution; and include
his name in the final statement. (1)
As
soon as may be, after the final statement is drawn up under sub-rule (5) of
rule 10, the Collector or the authorised officer shall publish it alongwith a
public notice in Form XIV informing all persons whose names are included in the
final statement and also other persons interested in such lands, the time and
place at which, and the date (such date being not earlier than fifteen days,
after the date of publication of the notice) on which, the land shall be
granted and calling upon all persons concerned to remain present on the date
and at the time and place appointed as aforesaid. The statement and the public
notice shall be published in the manner provided in sub-rule (2) of rule 10. (2)
On
the date fixed under sub-rule (1) or on any other day to which the proceedings
for grant of land may be adjourned, the Collector or the authorised officer
shall, in the presence of all persons present, and subject to the provisions of
section 27, select persons for grant of land in the following manner, namely :
- (i)
if
there is only one applicant who has applied for any particular land, the land
shall be granted to him; (ii)
if
there are more than one applicants in respect of the same land, the land shall
be granted to the person having the highest order of priority; (iii)
if
there are more than one applicants having the same order of priority in respect
of the same land, the land shall be granted after drawing lots in the manner
provided in rule 12; (iv)
the
land for which no application has been received shall be offered to persons who
are present and who are eligible for the grant which shall, subject to the
provision of sub-section (7) of section 27 and clause (iii) above, be made to a
person having the highest order of priority and who is willing to accept the
land. (3)
If
the person to whom the land is to be granted refused to agree to pay the
occupancy price under sub-section (9) of section 27, the land shall, subject to
the provisions of section 27, be offered to any other person who has previously
applied for the grant of the land and who is willing to agree to pay the
occupancy price : Provided that, if more than person accept the
offer, the land shall, subject to the provision of clause (iii) of sub-rule
(2), be granted to the person having the highest order of priority. (1)
Where
the Collector or the authorised officer has to select a person for grant of
land by lot, he shall in the presence of applicants concerned and all other
persons interested who are present at the proceedings for grant of land under
rule 11 - (a)
prepare
as many identical slips of paper as there are applicants for the land; (b)
writ
the name of each applicant on a separate slip on one side and fold all such
slips in identical manner so as to completely enclose the name written thereon; (c)
place
all the slips in an empty box of a suitable size, and thoroughly mix them by
shaking the box; (d)
ask
one of the applicants or any other person who may be present to draw from the
box with hand but without looking at the box, one of the folded slips in the
box. (2)
The
applicant whose name appears on the slip so drawn shall be eligible for grant
of the land in question. The Collector or the authorised officer shall
- (i)
where
the land is situated in the Vidarbha area of the State, grant a certificate in
Form XIV-A to the grantee; (ii)
where
the land is situated in the Hyderabad area of the State, get an agreement in Form
XIV-B executed by the grantee; and (iii)
where
the land is situated in the rest of the State, get an agreement in Form XIV-C
executed by the grantee.][4] [5][* * *] [6][* * *] Under section 29, the Collector may sanction
transfer of land in any of the following circumstances, that is to say, - (a)
if
the land is required by an industrial undertaking in connection with any bona
fide industrial operations carried on or to be carried on by such undertaking; (b)
if
the land is required for the benefit of any educational or charitable
institution; (c)
if
the land is required by a co-operative society; (d)
if
the land is being exchanged - (i)
for
land of equal or nearly equal value owned and cultivated personally by a member
of the donor's family, or (ii)
for
land of equal or nearly equal value in the same village owned and cultivated
personally by a land owner with a view to forming compact block of his holding
or better management thereof: Provided that, the total land held and
cultivated personally by any donee whether as owner or tenant or partly as
owner and partly as tenant does not exceed the ceiling area as a result of the
exchange; (e)
if the land is being leased by a lessor who is
a person under disability; (f)
if
the land being partitioned among the heirs or survivors of the deceased grantee
of the land, and no party, after the shares are defined on partition, gets land
which is a fragment: Provided that, no sanction shall be accorded
to any transfer of land falling under clauses (a), (b) or (c) unless the
transferor agrees to the condition to pay to the State Government a premium
equal to 40 times the assessment of the land. (1)
Any
trustee of a public trust established for the purpose of a panjrapole or
gaushala functioning before the appointed day shall, within six months from
that day, 2[or such reasonable time which the State Government
may allow] make an application in writing to the State Government through the
Collector within whose jurisdiction all or a major portion of the lands held by
the trust are situated, for its approval under clause (c) of sub-section (1) of
section 47, accompanied by: (i)
the
latest balance sheet audited under section 33 of the Bombay Public Trusts Act,
1950, and duly certified to be a copy of the accounts so audited by the person
referred to in sub-section (2) of that section; (ii)
a
list of lands which are held by the trust; (iii)
a
certified copy of extracts of Record of Rights relating to such land, and (iv)
such
other document (including a copy of a certificate, if any, granted under the
relevant tenancy law evidencing exemption from that law) in support of his
request. (2)
The
application shall contain the following particulars, that is to say, - (a)
whether
the trust is, or is deemed to be registered under the Bombay Public Trusts Act,
1950; (b)
the
purpose for which the trust is established; (c)
whether
the trust was functioning for the said purpose before the appointed day; (d)
the
manner in which the income from the lands held by the trust is appropriated. (3)
The
Collector shall forward the application to the State Government alongwith his
remarks thereon. (4)
The
approval of the State Government shall be notified in the Official Gazette. (1)
Any
trustee of a public trust seeking exemption under clause (d) of sub-section (1)
of section 47 in respect of lands held by the trust shall, within six months
from the appointed day, 2[or such reasonable time which the
State Government may allow] make an application in writing to the State
Government through the Collector (within whose jurisdiction all or a major
portion of the lands held by the trust are situated) for the grant of a
certificate stating that the lands are exempt from the provisions of the Act.
The application shall be accompanied by: (i)
the
latest balance sheet audited under section 33 of the Bombay Public Trusts Act,
1950 and duly certified to be a copy of the accounts so audited by the person
referred to in sub-section (2) of that section, (ii)
a
list of lands held by the trust, (iii)
a
certified copy of extract of Record of Rights relating to each land, (iv)
an
undertaking in Form XV, if necessary, and (v)
such
other document (including a copy of a certificate, if any, granted under the
relevant tenancy law evidencing exemption of the land from that law) in support
of his request. (2)
The
application shall contain the following particulars, namely :- (a)
whether
the trust is or is deemed to be, registered under the Bombay Public Trusts Act,
1950; (b)
the
purpose for which the trust is established; (c)
the
manner in which the income from the lands held by the trust is appropriated; (d)
if
the major portion of the income of the lands held by the trust is not
appropriated for the purpose of education or medical relief, an undertaking in
Form XV. (3)
On
receipt of the application, the State Government shall if it is satisfied that
there is no objection to exempt the lands of the trust under clause (d) of
subsection (1) of section 47, issued a certificate to the trustee in Form XVI. (4)
A
trustee holding a certificate on the basis of an undertaking in Form XV shall,
within three months from the expiry of the period of two years referred to in
clause (d) of sub-section (1) of section 47, submit to the State Government
through the Collector referred to in sub-rule (1) a statement of accounts
of the trust, duly audited under section 33 of the Bombay Public Trusts Act,
1950, and certified to be a true copy of the accounts so audited by the person
referred to in sub-section (2) of the said section 33, indicating clearly how
the undertaking given by it has been fulfilled. (5)
If
the statement of accounts is not submitted within the prescribed time limit as
required by sub-rule (4), or if the State Government is satisfied that
undertaking given by it in Form XV has not been fulfilled, the State Government
shall, after giving to the trustee a show cause notice, cancel the certificate
given to it under sub-rule (3) and on such cancellation, the lands in respect
of which the certificate was given, shall cease to be exempt from the
provisions of the Act. (1)
The
person incharge of a regimental farm or a stud farm seeking approval of the
State Government under clause (e) or (f) of sub-section (1) of section 47 in
respect of lands held by the farm shall apply to the State Government through
the Collector within whose jurisdiction all or major portion of the lands in
the farm are situate. The application shall be accompanied by - (i)
a
list of lands in the farm, (ii)
a
certified copy of extract of Record of Rights relating to each lands. (2)
The
application shall contain the following particulars, that is to say, - (a)
in
case of an application for approval of a stud farm (i)
the
number of animals maintained on the farm during the three years immediately
preceding the year of application; (ii)
the
area of land under fodder crops and the total quantity of fodder produced
therein during each of such three preceding years; (iii)
the
total quantity of fodder required by the animals on the farm; (iv)
whether
the land in the farm or any portion thereof is used for a purpose other than
that a stud farm; (b)
in
case of an application for approval of a regimental farm :- (i)
the
name of the owner of the lands in the farm; (ii)
the
name of the person managing the farm; and (iii)
how
the produce from the farm is utilised. (3)
The
approval of the State Government shall be notified in the Official Gazette. (1)
The
person in charge of a dairy farm seeking approval of the State Government under
clause (ff) of sub-section (1) of section 47 in respect of lands held by the
farm on the 27th day of November, 1964, shall apply to the State Government
through the Collector within whose jurisdiction all or major portion of such
lands are situated. The application shall be accompanied by: (i)
a
list of lands which were held by the farm on the 27th day of November, 1964; (ii)
a
list of lands which are held by the farm at the time of submission of the
application; (iii)
a
certified copy of extract of the Record of Rights relating to each land
referred to in the above list. (2)
The
application shall contain the following particulars, that is to say, - (i)
the
number of animals maintained on the farm during the three years immediately
preceding the year of application; (ii)
the
area of land under fodder crops and the total quantity of fodder produced therein
during the each of such three preceding years; (iii)
the
total quantity of fodder required by the animals on the farm; (iv)
whether
the lands comprised in the farm or any portion thereof is used for a purpose
other than that of dairy farming; and (v)
how
the produce from the farm is utilised. (3)
Where
any dairy farm is approved by the State Government the fact about such approval
shall be notified in the Official Gazette.][7] (1)
An
industrial undertaking seeking exemption from the provisions of the Act in
respect of the land held by it or to be acquired by it, shall make an
application in writing to the State Government through the Collector within
whose jurisdiction all or major portion of the land held by it or to be
acquired by it are situate. (2)
The
application shall contain the following particulars, that is to say, - (i)
the
industrial operations carried on by the undertaking or proposed to be carried
on by it; (ii)
the
survey number, hissa number, area and assessment of the land, which is sought
to be notified under clause (k) of sub-section (1) of section 47; (iii)
the
survey number, hissa number, area and assessment of all lands already in
possession of the undertaking as well as of those in possession of its subsidiary
or associated concerns in the State, the manner in which the land was acquired
that is to say, whether by purchase, lease or compulsory acquisition under the
Land Acquisition Act, 1894, and the purpose for which the land is utilised,
giving details under the following heads :- (a)
for
purpose of buildings; (b)
for
office; (c)
for
godown; (d)
for
other ancillary purposes; (e)
for
road or railway siding; (f)
for
open space; (g)
for
expansion needs; (h)
for
housing; (i)
for
effluent discharge; (j)
for
any other purpose. (3)
Where
the application is made for notifying land to be acquired by the industrial
undertaking, the application shall [in addition to the particulars specified in
sub-rule (2)], contain the following particulars, that is to say, - (a)
the
details of land intended to be acquired by the undertaking, the manner in which
it will be acquired and the purpose for which the land will be utilised giving
details as contained in clause (iii) of sub-rule (2); (b)
if
the need for land has arisen due to shifting of the undertaking from the City
of Bombay, the relevant particulars of the existing undertaking and its
location; (c)
if
the applicant industrial undertaking is an undertaking to which the Industrial
(Development and Regulation) Act, 1951, applies, then - (i)
a
true copy of any licence issued by the Central Government to the undertaking
under the said Act; or (ii)
where
a licence has not been issued and the application is pending a true copy of the
application made by the undertaking to the Central Government together with a
true copy of the letter of the Central Government conveying preliminary
approval to the scheme; (d)
if
the applicant industrial undertaking is an undertaking to which the Industrial
(Development and Regulation) Act, 1951, does not apply, then, the details of
the progress made in the execution of the proposed scheme, that is to say,
procurement of machinery, raw materials and the like; (e)
if
the area to be acquired is within the limits of any Municipality, whether the
Municipality has given necessary building permission; (f)
if
the land is being acquired otherwise than under the Land Acquisition Act, 1894,
the name and address of the person from whom the land is to be acquired. (4)
The
application shall be accompanied by layout plants showing clearly the area
presently occupied, the existing structures thereon, and the buildings proposed
to be erected by the undertaking. (5)
The
Collector shall forward the application to the State Government alongwith his
remarks. (6)
The
State Government on being satisfied, after making such inquiry as it deems fit,
that the land held or to be acquired by the industrial undertaking is for bona
fide industrial or other non-agricultural use, may notify the land in the
Official Gazette. The State Government shall publish an order
made by it under the proviso to sub-section (2) of section 47 in the Official
Gazette and send a copy thereof to the industrial undertaking holding or
acquiring land in respect of which the said order is issued. [1]
Omitted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide
M. G. G., Pt. IV-B dated 7.10.1975. [2]
Omitted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide
M. G. G., Pt. IV-B dated 7.10.1975. [3]
Omitted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide
M. G. G., Pt. IV-B dated 7.10.1975. [4]
Inserted by G.N. of 24.2.1964. [5]
Rules 12-B and 12-C which were inserted by Noti. No. ICH. 1167/117388-M (Spl.),
dated 24th Oct., 1967, were again deleted by Noti. No. ICH. 1168/85359-M
(Spl.), dated 24.9.1968, published in Mah. Govt. Gazette, dated 17.10.1968,
Part IV-B, p. 1521. [6]
Rules 12-B and 12-C which were inserted by Noti. No. ICH. 1167/117388-M (Spl.),
dated 24th Oct., 1967, were again deleted by Noti. No. ICH. 1168/85359-M
(Spl.), dated 24.9.1968, published in Mah. Govt. Gazette, dated 17.10.1968,
Part IV-B, p. 1521. [7]
Inserted by G.N. of 11.6.1965.MAHARASHTRA AGRICULTURAL
LANDS (CEILING ON HOLDINGS) RULES, 1962
PREAMBLE