In exercise
of the powers conferred by sub-section (1) of section 46 read with sub-section
(5) of section 2-A, sub-sections (1) and (4) of section 27 and clauses (c) and
(e) of sub-section (2) of 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
subsection (1) of section 46 of the said Act, namely :- These rules may be called The Maharashtra Agricultural
Lands (Lowering of Ceiling on Holdings) (Distribution of Surplus Land) [1][and
the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment)] Rules,
1975. In these rules, unless the context otherwise requires, - (a)
"Act" means the Maharashtra Agricultural Lands (Ceiling on
Holdings) Act, 1961; (b)
"Collector" includes the Tribunal where such Tribunal is
constituted, and also the officer authorised by the State Government under
sub-section (1) of section 27; (c)
"Form" means a form appended to these rules; (d)
"Section" means a section of the Act; (e)
"Surplus land" means surplus land referred to in section 27 of
the Act; (f)
"Tahsildar" includes any Additional Tahsildar; (g)
"Tribunal" means the Land Distribution Tribunal constituted
under subsection (1) of section 2-A; (h)
words and expressions used, but not defined [2][in
these rules] shall have the meanings respectively assigned to them in the Act. (1)
The Chairman of the Land Distribution Tribunal shall preside over all
the meetings of the Tribunal. (2)
The Chairman shall fix the time, date and place of the meeting and issue
public notice in respect of such meetings as provided in these rules. (3)
The quorum for every meeting of the Tribunal [3][x
x x] be two including the Chairman. If within half an hour of the time fixed
for the meeting there is no quorum, the Chairman alone shall proceed further
with the meeting and record his decision in the proceedings as a decision of
the Tribunal. (1)
Where any surplus land in a village or a group of villages becomes
available as surplus land, the Collector shall ascertain,- (a)
for the purposes of sub-section (2) of section 27, whether the land
holder from whose holding the land is declared surplus had resumed any land for
personal cultivation under the relevant tenancy law at any time before the 2nd
October, 1975 and on that account, whether the land is likely to be distributed
to persons referred to in sub-section (2) of section 27, or (b)
whether any surplus land formed part of one or more compact blocks
within the meaning of sub-section (3) of section 27, and on that account is
required to be distributed to landlords and other persons referred to in
subsection (3) of section 27. (2)
The Collector shall then exclude the land, if any, referred to in
clauses (a) and (b) of sub-rule (1), and out of the remaining surplus land, by
order in writing, at the time of preparation of the programme referred in rule
6, may reserve half of the land for distribution under sub-section 27. While distributing the land reserved under sub-section
(4) of section 27 to the persons mentioned in that sub-section, a person who is
a resident of the village and failing such a persons, any person residing
within eight kilometers of the outer limits of the village in which the surplus
land for distribution is situated, shall be preferred. (1)
As soon as any surplus land (not being grazing land, tank land or land
notified by Government under sub-section (1) of section 27 or lands to be
disposed of under section 28, or "(81-AA) in any village or group of
villages becomes available for distribution, or any land provisionally omitted
under sub-rule (3) of rule 7 from the programme for distribution), becomes so
available the Collector shall draw a detailed programme fixing the date on
which and the place at which applications will be received for the grant of
land, the date (not being later than 15 days from the date of the issue of the
public notice) on which and the place and time at which the applications so
received will be considered; details of land available for distribution and the
extent thereof reserved under rule 4. Such programme shall be given wide
publicity by issue of a public notice in Form I (in the case of land reserved
under rule 4) and in Form II (in the case of land other than the reserved land)
and by beat of drum in the village in which the land is situate and also in the
village within a radius of eight kilometers of the outer limits of such
village, calling upon, in the case of lands reserved under rule 4, the persons
mentioned in sub-section (4) of section 27, and in the case of other lands, the
persons mentioned in sub-sections (2), (3) and (5) of section 27 to submit to
him, within 7 days from the date of the publication of the public notice or
such longer period as the Collector may permit (regard being had to the
circumstances of each case regarding adequacy of notice) applications giving
details specified in sub-rule (4) of this rule, for grant of any land including
in the respective lists. Such application may also contain any other
particulars as the applicant may deem fit to give. (2)
A copy of the programme shall also be displayed in the village Chavdi,
in the office of the village Panchayat, if any, or if the village has no
Panchayat at any other prominent place in the village and in the office of the
Tahsildar. (3)
Intimation of the programme shall, as far as possible be given to the
persons whose names appear in the list of landless persons prepared, if any in
respect of the village or villages concerned, to persons, if any, who have
already applied for the grant of any of the land and to the Secretary, District
Sailors', Soldiers and Airmens Board, if there be any. (4)
Every application for grant of land shall be made to the Collector or,
as the case may be, to the Chairman of the Tribunal and shall contain the
following among other particulars, namely :- (a)
name of the applicant; (b)
place of residence i.e. villages, taluka and district; (c)
details of land area applied for from the list of surplus lands notified
for distribution in the public notice issued under sub-rule (1) of this rule; (d)
if the land applied for is not available for being granted, details and
area of other alternate land from the list of surplus lands notified for distribution
in the aforesaid public notice which the applicant is willing to accept; (e)
(i) whether the applicant is a serving member of the armed forces or an
ex-servicemen or dependent of such person who died before any land was granted
under any law or by any executive orders; and his gross annual income, duly
certified; or (ii) ? whether
applicant is a person belonging to a Scheduled Caste, Scheduled Tribe, Nomadic
Tribe, Vimukta Jati Backward Class, and if so, the details thereof; or (iii) ? whether
the applicant is a member of a co-operative farming society, and if so, the
name of such society and the area of land falling to his share in the society;
or (iv) ? whether
the applicant is or was employed as agricultural labourer or as technical or
other staff engaged on or in relation to the agricultural produce raised or
grown on the surplus land in a compact block notified for distribution in the
aforesaid public notice, or (v) ? whether
the applicant had previously leased his land to any undertaking referred to in
section 28 or to a person holding land in one or more compact blocks and if so,
the annual gross income of such applicant from all sources; (f) ?? details
of land, if any, already in the actual possession of the applicant as owner or
tenant or as both, giving the name of the village in which such land is
situated, survey number, area, classification of land and assessment thereof; (g) ? if
the applicant was holding any land as tenant from a landlord, and such landlord
has resumed the said land for personal cultivation under the relevant tenancy
law and such resumption rendered the applicant landless, the name of the
landlord, the number and date of the order passed by the Tahsildar, Collector
or, as the case may be, the Maharashtra Revenue Tribunal with a copy of each
such order. (1)
As soon as may be after the expiry of the period of 7 days referred to
in sub-rule (1) of rule 6, but before the date fixed for consideration of the
applications in the programme, the Collector shall scrutinise the applications
received in pursuance of the public notice referred to in the said sub-rule and
having regard to the provisions of sub-section (7) of section 27, draw up to
separate provisional statements in Form III, one in case of land reserved under
rule 4, and the other in case of land other than the land so reserved,
including therein each land and the names of applicants therefor, (arranged in
the manner provided in rule 5 of section 27 as the case may be), who are
eligible for grant of land. (2)
On the date fixed for consideration of the applications the provisional
statement prepared under sub-rule (1) shall be read out by the Collector in the
presence of the applicants and other persons present, if any. The Collector
shall also invite applications from persons present for grant of surplus land
in respect of which no applications were received previously. The Collector shall then - (a)
consider the objections or suggestions, if any, made in relation to the
matters provided in the provisional statement and the new applications, if any,
received for grant of land; (b)
ascertain the requirements of persons under sub-rule (3) and amend or
modify, if necessary; any entry in the provisional statement; (c)
select the allottees in the manner provided in rules 8 and 9; (d)
ensure that as far as possible the entire land in respect of which an
application has been made is allotted to the applicant so long as such
allotment does not violate the provisions of sub-section (7) of section 27 and
draw up a final statement in Form III. The final statement so drawn up shall
then be read out to the applicants and other persons, if any, present. The
Collector may also fix and announce the date on which and the time and place at
which possession of the surplus land will be taken from the holder in the
manner provided in rule 9 of the Maharashtra Agricultural Lands (Lowering of
Ceiling on Holdings) (Declaration and Taking Possession of Surplus Lands and
Amendment) Rules, 1975 and handed over to the selected allottees). Such date
shall not as far as possible be later than seven days from the date of issue of
public notice under rule 9 of the said rules. The Collector shall then authorise under the said rule 9,
an officer not below the rank of Circle Inspector or Revenue Inspector to take
possession of the land and forward to the said officer - (a)
a copy of final statement; (b)
the order of authorisation issued under the said rule 9, if such an
order was not previously issued; and (c)
an intimation regarding time, date and place fixed for taking possession
of the land. (3)
If on or before the date fixed for taking over possession of surplus
land it comes to the notice of the authorised officer that any land included in
the final statement received by him under sub-rule (2) has not been finally
declared surplus land, or an appeal has been filed against the declaration of
any land as surplus land and the appellate authority or any other competent
authority has issued a stay against the distribution proceedings in respect of
the said land, he shall not hand over possession of such land to the allottee
or allottees concerned, but shall take a note in the final statement regarding
the stay in respect of distribution of the land and inform the allottee or
allottees concerned accordingly. He shall also make a report to the Collector
giving particulars of surplus land which could not be disposed of for the
aforesaid reason and the names of the allottee or allottees of such land from
the final statement. Thereupon the Collector shall consider the claim of the
allottee whose name or names is or are so omitted from the final statement for
the grant of any other surplus land available for distribution and in respect
of which the preparation of final statement in accordance with sub-rules (1)
and (2) of this rule is in progress. (1)
Subject to the provisions of section 27, selection of persons for grant
of land shall be made by the Collector in the following manner :- (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, the land shall be granted
after drawing lots in the manner provided in rule 9; (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 provisions of sub-section (7) of section 27 and clause (iii) of this
sub-rule be made to a person having the highest order of priority and who is
willing to accept the land. (2)
Where the land to be granted is used for the purpose of horticulture
prior to its being declared surplus, the Collector shall get an undertaking in
Form VI from the grantee. (3)
If the person to whom the land is to be granted refuses to give an
undertaking in Form VI or refuses to agree to pay the occupancy price under
sub-section (10) 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 land and who is willing to give the undertaking and agree to pay the
occupancy price : Provided that, if more than one person
accepts the offer, the land shall subject to the provisions of clause (iii) of
sub-rule (1), be granted to the person having the highest order of priority. (1)
Where the Collector 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 7,- (a)
prepare as many identical slips of paper as there are applicants for the
land; (b)
write 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. If on the date fixed for grant of land under sub-rule (2)
of rule 7, there is any standing crop in the land and such crop is likely to be
harvested in a period not exceeding three months, the Collector may arrive at
an arrangement with the holder of the land, or as the case may be, member of
the family unit, for the disposal of harvesting of the crop after the vesting
and grant of the land, as provided for in clause (f) of section 23, and
arrangement so arrived at shall be binding on the holder and the person to whom
the land is granted under rule 7. The Collector shall get an undertaking in Form V executed
by the grantee. 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 bona fide non-agricultural purpose; (c)
if the land is required for the benefit of any educational or charitable
institution; (d)
if the land is required by a co-operative society; (e)
if the land is being exchanged ? (i)
for land of equal or nearly equal value owned and cultivated personally
by member of the holders' family, or (ii)
for land of equal or nearly equal value in the same village owned and
cultivated personally by a land owned 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 of such holders whether as owner or tenant or partly as owner
and partly as tenant does not exceed the ceiling area as result of the
exchange; (f)
if the land is being leased by a lessor who is a person under
disability; (g)
if the land is 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), (c) or (d) unless the
transferor agrees to the condition to pay to the State Government a Nazarana
equal to 40 times the assessment of land. In the Maharashtra Agricultural Lands (Ceiling on
Holdings) Rules, 1962, rules 10, 11, 12, 12-A and 13 shall be deleted except as
respects things done or omitted to be done thereunder. [1] Substituted for the words "and
(Amendment)", by Notification No. ICH. 1176/14373-L-8. dated 29th January.
1977. [2] Inserted by Notification No. ICH. 1176/14373-L-8,
dated 29th January, 1977. [3] The words "as far as possible", were
deleted by Notification No. ICH. 1176/14373-L-8, dated 29th January, 1977.THE MAHARASHTRA
AGRICULTURAL LANDS (LOWERING OF CEILING ON HOLDINGS) DISTRIBUTION OF SURPLUS
LAND AND (AMENDMENT) RULES, 1975
PREAMBLE