The Maharashtra Agricultural Lands (Ceiling on Holdings) Grant of Surplus Lands Taken over from Industrial Undertakings Order, 1970
Published vide Notification No. G. N., R. & F. D., No. ICH. 1370/67496-M-(Spl.), dated 13th August, 1970 (M. G., Part 4B, p. 1129)
(a) "Act" means Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961;
(b) "Code" means the Maharashtra Land Revenue Code, 1966;
(c) "Corporation" means the Maharashtra State Farming Corporation Limited, a Company formed and registered under the provisions of the Companies Act, 1956, being a corporation owned and controlled by the State;
(d) "Corporation lands" means lands granted to the Corporation by this Order;
(e) "grant" means the grant of surplus lands made to the Corporation under clause 3 of this Order.3. Grant of lands to Corporation. - The lands specified in column 3 of the schedule hereto (being surplus lands taken over from the undertakings referred to in section 28 and specified in column 2 of that schedule) and which are being cultivated by the Corporation are hereby granted to the Corporation on payment of occupancy price and on the terms and conditions specified in this Order. 4. Condition as to maintaining integrity of surplus land. - (1) The Corporation shall ensure that in managing the Corporation lands, their integrity in one or more compact blocks is maintained. (2) The Corporation shall not assign, mortgage, sub-let or otherwise part with possession, or dispose of in any manner whatsoever, the Corporation lands or any part thereof or any interest therein, except with the previous permission in writing of the State Government. 5. Condition as to ensuring full and continued supply of raw materials to industrial undertakings. - (1) The Corporation shall utilise the Corporation lands primarily for the cultivation of the raw material which it was producing immediately before the commencement of this Order, and shall adopt all necessary measures to ensure full and continued supply thereof to the industrial undertakings concerned in accordance with the provisions of the Act. (2) The Corporation shall, in accordance with the provisions of the Act, sell to the Industrial undertaking concerned raw materials produced by it on the Corporation lands which were taken over from that undertaking at a fair price. (3) The Corporation shall endeavour to bring under cultivation as much area of the Corporation lands as possible, and to raise as many food crops and other cash crops without in any manner affecting the supply of raw material to the industrial undertakings as required by clause (1). (4) The Corporation shall construct, if necessary, for better management and cultivation of the Corporation lands roads, structures, works, wells and the like subject to the provisions of the Code, or any other law for the time being in force. The Corporation shall allow any person authorised by the State Government or the Collector concerned to construct channels, drains or to lay down pipelines for the benefit of his lands. 6. Condition as to termination of grants. - Where any of the Corporation lands or any part thereof is granted by the State Government under sub-section (3) of section 28-1AA of the Act, -
(a) to any person which is a public trust subject to the condition that such person lease that land to the Corporation for cultivation, the Corporation shall, subject to rules, if any, made under the Act by the State Government in this behalf, execute a lease in the form provided in such rules in favour of such person, and on execution of such lease, this grant, in so far as it relates to the land so granted to such person, shall stand terminated,
(b) to the person who had previously leased his land to any of the industrial undertakings, for personal cultivation, the grant, in so far as it relates to the land granted to such person, shall stand terminated, and the amount of occupancy price, if any, paid by the Corporation to the State Government in respect of that land shall be refunded to the Corporation.7. Other conditions of grant. - (a) The grant shall be subject to the provisions of the Code and the rules made thereunder, and also the Act and the rules made thereunder.
(b) The Corporation shall pay all existing and future land revenue assessments, taxes, cesses and outgoings of every description payable by an occupant under the Code in respect of the Corporation lands or the crops grown thereon.
(c) The Corporation shall not make any excavations upon any part of the Corporation lands nor remove any stone, sand, gravel, clay or earth therefrom, except for the purposes of forming the foundations of any building or for such other purposes as the Corporation may deem necessary in the interest of better management or cultivation of the Corporation lands.
(d) The Corporation shall maintain in good repairs and in good condition buildings, structures, wells and works on the Corporation lands, and for that purpose may carry out all necessary repairs thereto.
(e) The Corporation shall preserve all trees and saplings for the time being standing or grown on the Corporation lands, and shall not cut down, fell or destroy or lop or prune or injure in any manner any such trees and saplings, except for the construction of roads, buildings or such other works or activities as are necessary for the better and efficient cultivation of such lands after complying with the provisions of any law for the time being in force in that behalf.
(f) The Corporation shall pay to the State Government within six months from the date of demand, occupancy price consisting of an amount equal to the amount of compensation determined by the Collector in respect of the land under Chapter V of the Act, and an amount equal to the rent which has been paid by the State Government immediately before the commencement of this Order to persons who had leased their lands to the undertakings.