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The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

Published vide Notification No. G. N., R. D., No. ICH-1161/122431-M (Spl.), dated 6th April, 1962 (M. G., Part 4B, p. 1108)

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(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.

(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.

(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.

(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.

(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.

(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.

(iii) where the land is situated in the rest of the State, get an agreement in Form XIV-C executed by the grantee.]

(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:

(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:

(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.

(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.

(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.

(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.

(i) a list of lands in the farm,

(ii) a certified copy of extract of Record of Rights relating to each lands.

(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.

(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.

(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.

Form I

[See rule 4(1)(a)]

Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by a person who has during the period from 4th August, 1959 to the appointed day (i.e., 26th January, 1962) (both days excluded) held any land in excess of the ceiling area

I. Details regarding the holder and members of his family

II. Details of land held by the holder during the period from 4th August, 1959 to the date of submission of this return

Signature of holder of surplus land or of his
guardian or authorised agent on his behalf.

Note. - (1) If the reply to column 12 is in the affirmative, the remaining column 13 to 22 need not be filled in respect of such land.

(2) If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to penalty in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.

Form II

[See rule 4(1)(b)]

Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 by a person, who on or after the appointed day (i.e. 26th January, 1962) acquires, holds, or conies into possession of any land in excess of the ceiling area [or whose land is converted into another class of land as a result of the expiry of the period or the date specified in clause (5) of section 2]

I. Details regarding the holder and the members of his family

II. Details of land held by the holder on the date on the date of submission of this return

.........................................................
Signature of holder of surplus land or of his
guardian or authorised agent on his behalf.

Note. - (1) If the reply to column 14 is in the affirmative, the remaining columns 15 to 24 need not be filled in, respect of such land.

(2) If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to a penally in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.

Form III

[See rule 4(1)(c))

Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by a person whose land is converted into another class of land as a result of irrigation from a source constructed by Government

I. Details regarding the holder and the members of his family

II. Details of land held by the holder, during the period from the date notified under section 12(2)(iii) to the date of submission of this return

Signature of the holder of surplus land or of his
guardian or authorised agent on his behalf.

Note. - (1) If the reply to column 14 is in the affirmative, the remaining columns 15 to 24 need to be filled in, in respect of such land.

(2) If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to a penalty in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.

Form IV

[See rule 5(1)]

Public notice under sub-section (1) of section 17 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

Schedule

Collector of ........

Form V

[See rule 5(2)]

Notice under sub-section (2) of section 17 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

(i) to state your objections, if any, in the matter;

(ii) to state any objections or suggestions to the particulars of lands specified in the Schedule;

(iii) to show cause why the land mentioned at Serial Number ........ in the said Schedule which is transferred/partitioned in contravention of the provisions of section 8 of the said Act should not be taken into consideration in calculating the ceiling area as provided in sub-section (1) of section 10 of the said Act;

(iv) to show cause why the land mentioned at Serial Number ......... in the Schedule which is transferred/partitioned during the period from 4th August, 1959 to the appointed day (i.e. 26th January, 1962) should not be taken into consideration in calculating the ceiling area as provided in subsection (1) of the said Act;

(v) to show cause why your right, title and interest in the land mentioning at Serial Number ................................. in the Schedule which is

(vi) to show cause why on account of your failure to furnish

(vii) to show cause why the land mentioned at Serial Number .............. in the said Schedule which is possessed/acquired by you on or after the appointed day (i.e. 26th January, 1962) by testamentary disposition/devolution on death/operation of law/execution of a decree or order of a Court, Tribunal or authority/and as a result thereof your holding has exceeded the ceiling area, should not, to the except it is in excess of the ceiling area, be deemed to be surplus land;

(viii) to show cause why the land to the extent it has become in excess of the ceiling areas as a result of irrigation from a source constructed by Government and the consequential change of classification of the land held by you, should not be deemed to be surplus land as provided in section 11 of the said Act;

(ix) to state whether any land held by you has been transferred or partitioned after the filing of the return under section 12, and if so, how, to whom and since when has it been transferred or partitioned and to show cause why the transfer or partition should not be ignored under section 8;

(x) to submit to me in writing your replies to the above points on or before

(xi) to select, subject to the provisions of section 16 of the said Act, land upto the ceiling area for being retained with you, and to furnish to me on or before ..... in the form (copy enclosed) prescribed under rule 6 of the Maharashtra Agriculture Lands (Ceiling on Holdings) Rules, 1962, the particulars of the land so selected by you; and

(xii) to appear before me personally or through an agent at the time and place mentioned above (that is to say, at ....... on ....... in my office/camp at....) for putting before me your say in the matters under inquiry. If you fail to appear before me at the appointed time and place, I shall presume that you have nothing to say in the matter and the inquiry will be proceeded with in your absence.

Schedule

Collector of ..........

Form VI

(See rule 6)

Particulars of land selected for retention under section 16 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by the holder Shri...................................

Signature of holder of surplus land or of his
guardian or authorised agent on his behalf

Form VII

[See rule 7]

Notification

[Schedule]

Details of lands which are declared to be surplus lands

Form VIII

[See rule 8]

Public notice under rule 8 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

(a) whether the land or any part thereof was not cultivated for, a continuous period of three years immediately before the appointed day;

(b) whether the land or any part thereof is used as grazing land;

(c) whether there are any standing crops on the land; and if so, the estimated cost of cultivation of such crop;

(d) whether there is any well in the land and if so, during which seasons it is used for irrigation, and what is 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.

Schedule

Signature and designation
of Authorised Officer.

Form IX

(See rule 9)

Public notice under sub-section (1) of section 24 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

Schedule

Collector of........

Form X

[See rule 10(1)]

Public notice under rule 10(1) of Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

(1) persons who previously held any land as tenant from the holder of surplus land who have been rendered landless as a result of resumption of the land for personal cultivation under any tenancy law by such holder;

(2) in the case of lands at Serial Nos. ......... of the said list which are situated in the area notified in Government Notification, Revenue Department, No. ........, dated ......... and benefited by .......... Irrigation Project, the persons who have been rendered landless or whose holding is reduced to less than one-sixth of the ceiling area as a result of acquisition of their lands for the said project;

(3) persons who are rendered landless or whose holding is reduced to less than one-sixth of the ceiling area as a result of acquisition of their lands for any public purpose;

(4) persons residing in the villages of .......... (being the village where the land available for distribution is situated or within five miles thereof) who previously held any land as tenant and who have been rendered landless as a result of resumption of land by their landlords for personal cultivation under any tenancy law;

[(5) serving members of the armed forces, and ex-servicemen;

* Note. - Lot No. should be given where surplus lands in the same village are being disposed of in different lots.

Form XI

[See rule 10(1)]

Dated ........... 19..........

Subject. - Surplus land in Lot No. ...............

Application for grant of -

I, Shri........................................ Shri..............................Chairman of.............Society

Yours faithfully,

Signature of applicant

Form XII

[See rule 10(3) and 10(5)]

Part I

PART II

Details of land for which no application is received

Form XIII

[See rule 10(3)]

Public Notice under sub-rule (3) of rule 10 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

(Provisional statement of surplus land in Form XII)

Form XIV

[See rule 11(1)]

Public Notice under sub-rule (1) of rule 11 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

(Final statement of surplus land in Form XII)

[Form XIV-A]

(See rule 12-A)

Certificate of Grant of Rights in Land for Agricultural Purposes

Certificate No. ..........................

(1) The grantee shall pay to the Government occupancy price as will be determined under sub-section (9) of section 27 of the said Act, in respect of the said land and in the manner provided in that section, together with interest, if any, payable thereunder;

(2) The grantee shall be liable to pay full assessment of the land;

(3) The grantee shall cultivate the said land personally;

(4) The grantee shall not without the previous sanction of the Collector as provided by section 29 of the said Act -

(i) transfer the said land whether by way of sale or gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government of a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961, for raising a loan for effecting any improvement of such land); or

(ii) divide the said land, whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

Schedule

Collector or Authorised Officer.

Form XIV-B

(See rule 12-A)

Form of Agreement to be passed by Persons to whom Land is granted in Occupancy Right

The Collector of.................................................

(1) I, my heirs, assigns and legal representatives shall -

(i) pay the land revenue from time to time, lawfully due in respect of the said land;

(ii) pay to the Government occupancy price as will be determined under sub-section (9) of section 27 of the said Act in respect of the said land and in the manner provided in that section, together with interest, if any, payable thereunder;

(iii) cultivate the said land personally.

(2) I, my heirs, assigns and legal representatives shall not without the previous sanction of the Collector under section 29 of the said Act -

(i) transfer the said land whether by way of sale or by way of gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government or a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961 for raising a loan for effecting any improvement of such land); or

(ii) divide the said land whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

Schedule

.........................................
(Signature of grantee)

...............................................

...............................................
(Signature of two witnesses)

............................................................................
(Signatures of Patil or Sarpanch and Talathi)

Form XIV-C

(See rule 12-A)

Form of Agreement to be passed by Persons to whom Land is granted in Occupancy Right

The Collector of.................................................

(1) I, my heirs, assigns and legal representatives shall -

(i) pay the land revenue from time to time, lawfully due in respect of the said land;

(ii) pay to the Government occupancy price as will be determined under sub-section (9) of section 27 of the said Act in respect of the said land and in the manner provided in that section, together with interest, if any, payable thereunder;

(iii) cultivate the said land personally.

(2) I, my heirs, assigns and legal representatives shall not without the previous sanction of the Collector under section 29 of the said Act -

(i) transfer the said land whether by way of sale or by way of gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government or a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961, for raising a loan for effecting any improvement of such land);

(ii) divide the said land whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

Schedule

......................................
(Signature of grantee)

...............................................

...............................................
(Signature of two witnesses)

...................................................................
(Signatures of Patil or Sarpanch and Talathi).

Form XV

(See rule 15)

Undertaking to be given by a Trust under clause (d) of sub-section (1) of section 47 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

Schedule

Details of land held by the Trust

Form XVI

[See rule 15(3)]

Certificate of exemption under section 47(1)(d) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

Schedule