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      • 1. Short title.
      • 2. Definitions.
      • 3. Damages for use and occupation of surplus land under section 21A.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 1. Short title.
      • 2. Definitions.
      • 3. Procedure for according sanction for prosecution under section 40A(2).
      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 2A. Constitution and reconstitution of Tribunals.
      • 3. Prohibition on holding land in excess of ceiling area and area in excess of ceiling to be surplus lands.
      • 4. Land held by family unit.
      • 5. Ceiling area.
      • 6. Lands held in excess of ceiling area deemed to be within ceiling area in certain circumstances.
      • 7. Persons holding both exempted land and other land.
      • 8. Restriction on transfer.
      • 9. Restriction on acquisition of land in excess of ceiling area.
      • 10. Consequences of certain transfers and acquisitions of land.
      • 11. Restriction on partition.
      • 11A. Ceiling area where land is converted into another class.
      • 12. Submission of returns.
      • 12A. Power of State Government to extend time for filing return.
      • 13. Failure to submit return.
      • 14. Power of Collector to hold enquiry.
      • 15. Division of survey numbers or of subdivisions thereof in determining area of surplus land.
      • 16. Selection of land for retention in ceiling area.
      • 17. Notice to persons affected by enquiry under section 14.
      • 18. Collector to consider certain matters.
      • 19. Power of Collector to restore land to landlord in certain cases.
      • 20. Manner of considering claim of landlord to land under section 19.
      • 21. Collector to make declaration regarding surplus land etc., and consequent thereof.
      • 21A. Damages for use and occupation of surplus land.
      • 22. Payment of compensation.
      • 23. Quantum of compensation.
      • 24. Collector to give notice calling upon interested persons to submit claims to compensation.
      • 25. Determination of compensation and apportionment thereof.
      • 26. Mode of payment of amount of compensation.
      • 27. Distribution of surplus land.
      • 27A. Power of Collector to grant land for public purposes, etc.
      • 28. Special provision in respect of land taken over from industrial undertaking to ensure efficient cultivation and continued supply of raw material.
      • 28(1A).
      • 28(1AA). Power of State Government to grant land to State Corporations.
      • 28(1B). Supply of raw material and regulation of fair price.
      • 28A. Special provision in respect of certain holdings to ensure their integrity, etc.
      • 29. Restriction on transfer or division of land granted under section 28.
      • 30. Power of Collector in making inquiries.
      • 31. Manner of recording decisions of Collector.
      • 32. Service of notices.
      • 33. Appeals.
      • 34. Power of Maharashtra Revenue Tribunal to confirm order etc.
      • 35. Limitation for appeals.
      • 36. Courtfee.
      • 37. Power of Collector to correct clerical, etc. mistakes in declaration or award.
      • 38. Sums recoverable as arrears of land revenue.
      • 39. Mode of putting persons in possession of land.
      • 40. Summary eviction.
      • 40A. Penalty for failure to furnish returns etc.
      • 41. Bar of jurisdiction.
      • 42. Inquiries and proceedings to be judicial proceedings.
      • 43. Officers to be public servants.
      • 43A. Particulars to be furnished where land is held in jurisdiction of more than one village accountant.
      • 44. Protection of action taken under this Act.
      • 44A. Tribunal to exercise powers and perform duties of Collector in certain areas for certain purposes of Act to the exclusion of Collector.
      • 44B. Pleaders etc, excluded from appearance.
      • 45. Control.
      • 45A. Power of revision of Commissioner in inquiries and proceedings under section 27.
      • 46. Power to make rules.
      • 47. Exempted lands.
      • 48. Enactments amended.
      • 49. Power to remove difficulties.
      • 1.
      • 2. Definitions.
      • 3. Grant of lands to Corporation.
      • 4. Condition as to maintaining integrity of surplus land.
      • 5. Condition as to ensuring full and continued supply of raw materials to industrial undertakings.
      • 6. Condition as to termination of grants.
      • 7. Other conditions of grant.
      • 1.
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      • 5.
      • 6.
      • 1. Short title.
      • 2. Definitions.
      • 3.
      • 4.
      • 5.
      • 6. Particulars of land to be retained and form in which they are to be furnished under section 17(3).
      • 7. Form of notification to be issued under section 21(2).
      • 8. Manner of taking possession of surplus land under section 21(4).
      • 9. Form of public notice to be given under section 24(1).
      • 10. Preparation of statement of applicants for grant of surplus land under section 27.
      • 11. Grant of surplus land under section 27.
      • 12. Manner of choosing by lot allottee for grant of surplus land.
      • 12A.
      • 12B.
      • 12C.
      • 13. Provision for transfer of land under section 29.
      • 14. Manner of approval of public trust for purpose of section 47(l)(c).
      • 15. Procedure for claiming exemption by a public trust under section 47(1)(d) and form of undertaking to be given by it.
      • 16. Manner of approval of regimental farms and stud farms under section 47(1).
      • 16A. Manner of approval of dairy farms under section 47(1)(ff).
      • 17. Procedure for notifying land under section 47(1)(k).
      • 18. Manner of publicity of order under section 47(2).
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Formation of societies and extent of land to be granted to society or members thereof.
      • 4. Disposal of land pending setting up of society.
      • 5. Conditions subject to which land is to be granted to society or members thereof or public trust.
      • 6. Procedure for determining extent of land to be granted to members of societies.
      • 7. Procedure for grant of land to public trust.
      • 8. Procedure for grant of land to societies.
      • 9. Model byelaws to be adopted by societies.
      • 10. Termination of management of farms by Farming Corporation.
      • 11. Power of State Government to issue directions.
      • 1. Short title.
      • 2. Definitions.
      • 3. Procedure of sitting of Tribunal constituted under section 2A.
      • 4. Manner in which and extent of and in possession of transferees to be deemed surplus land under section 10(1).
      • 5. Form and manner in which return showing particulars of land shall be furnished under section 12.
      • 6. Form of public and individual notices under section 17.
      • 7. Particulars of land to be retained and Form in which they are to be furnished under section 17(3).
      • 8. Form of statement to be issued under section 21(2).
      • 9. Manner of taking possession of surplus land under section 21(4).
      • 10. Form of public notice to be given under section 24(1).
      • 11. Amendment of Ceiling Rules of 1962.
      • 1. Short title.
      • 2. Definitions.
      • 3. Manner of approval of agricultural college, school or any institution doing research in agriculture.
      • 4. Manner of approval of regimental farms under section 47(1)(c).
      • 5. Procedure for granting exemption to lands held by public trust or wakf under section 47(2) (a) and form of undertaking to be given by them.
      • 6. Procedure for granting exemption under section 47(2)(b) to lands held for stud farm or for panjrapole or gaushala.
      • 7. Procedure for granting exemption under section 47(2)(bb) to lands held for grazing of cattle or sheep.
      • 8. Procedure for exempting land held or to be acquired by an industrial undertaking under section 47(2)(c).
      • 9. Procedure to be adopted in respect of fulfilment of terms and conditions subject to which exemption is granted.
      • 10. Amendment of Ceiling Rules, 1962.
      • 1. Short title.
      • 2. Definitions.
      • 3. Procedure of sittings of Tribunal.
      • 4. Reservation of land declared surplus for purposes of subsection (4) of section 27.
      • 5. Priorities for distribution of land under subsection (4) of section 27.
      • 6. Preparation of distribution of programme for selection of allottees for grant of surplus land under section 27.
      • 7. Preparation of statement of applicants for grant of surplus land under section 27.
      • 8. Selection of person for grant of surplus land.
      • 9. Manner of choosing by lot allottee for grant of surplus land.
      • 10. Arrangement regarding harvesting of crop, if any, standing in the land at time of distribution.
      • 11. Agreement to be executed by the grantee.
      • 12. Provision for transfer of land under section 29.
      • 13. Amendment of Ceiling Rules of 1962.

The Maharashtra Agricultural Lands (Ceiling on Holdings) (Compensation for use and Occupation of Surplus Lands) Rules, 1976

Published vide Notification No. G. N., R. F. D., No. ICH. 1175/68757-L-S, dated 29th March, 1976 (M.G.G., Part 4B, pp. 482-84)

mh576

In exercise of the powers conferred by sub-section (1) of section 46 read with section 21-A of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra 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:-

1. Short title. - These rules may be called the Maharashtra Agricultural Lands (Ceiling on Holdings) (Compensation for Use and Occupation of Surplus Lands) Rules, 1976.

2. Definitions. - In these rules, unless the context requires otherwise,-

(a) 'Act' means the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961;

(b) 'section' means a section of the Act;

(c) 'surplus land' means surplus land referred to in section 21 of the Act;

(d) words and expression used, but not defined in these rules, shall have the meanings respectively assigned to them in the Act.

3. Damages for use and occupation of surplus land under section 21-A. - (1) The amount of compensation to be paid by a person, or as the case may be, a family unit or a holder to the State Government for the use and occupation of the surplus land under section 21-A shall be fixed by the Collector in the following manner, namely :-

(a) The Collector shall give a notice in the Form appended to these rules to the person or head of the family unit referred to in sub-section (1) of section 21-A from whose holding the land is declared surplus under section 21, calling him to file a statement within fifteen days from the date of receipt of the notice, indicating therein the gross income deprived and the expenditure incurred by him on cultivation of the said land during the period from the year following the year in which the excess area so held is declared surplus till the date on which possession of surplus land is taken under section 21 (hereinafter referred to as the 'said period').

(b) The notice in the Form appended to these rules shall also be given by the Collector to the holder referred to in sub-section (2) of section 21-A calling upon him to file a statement within fifteen days from the date of receipt of the notice indicating therein the gross income derived and the expenditure incurred by him on cultivation of the land declared surplus from his holding under section 21 as unamended by the Amending Act, 1972, during the period from the date of declaration or the commencement date, whichever, is later, till the date on which possession of the said surplus land is actually taken under that section (hereinafter referred to as the 'said period').

(2) After receipt of the statement under sub-rule (1) or if such statement is not filed by the person referred to within the period specified in the said sub-rule, then, the Collector suo motu, shall after giving the aforesaid person a reasonable opportunity of being heard and after holding such enquiry as he deems fit, determine, regard being had to the statement, if any, filed by such person -

(a) the total gross income derived by the person during the said period taking into account the following factors, namely :-

(i) the crops, raised on the land during the said period;

(ii) the average market price of the said crops during the said period;

(b) the total expenditure which the said person had to incur on cultivation of the said land during the said period, taking into consideration the following factors, namely :-

(i) the average cost of cultivation of the said crops during the said period;

(ii) the expenditure that may have to be incurred in selling the said crops; and

(iii) the land revenue, the irrigation cess or other impost which was required to be paid by the person during the said period.

(3) The difference between the total gross income and the total expenditure shall then be fixed as the amount of compensation to be paid by the person or the family unit, or as the case may be, the holder, for the use and occupation of the surplus land.

Form

[See rule 3(a) and (b)]

Notice to be issued to the person or head of the family unit or holder for filing a statement of income and expenditure

Notice

Whereas the land specified in the Schedule appended hereto from the holding of Shri/Shrimati ............. and his/her family unit has been declared to be surplus land under the ........................................

Statement No......................dated....................issued by the Chairman,

Notification No. .......................... dated ............. Surplus Land Determination Tribunal.............

issued by the Collector of.................................................................

under section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961;

And Whereas the possession of the said land has been taken over by the Collector of ............................./Authorised Officer ...................... on .....................

And Whereas, in accordance with the provisions of section 21-A of the aforesaid Act the said person/holder is required to pay to the State Government the amount of compensation for use and occupation of land as may be fixed by me;

Now, Therefore, I call upon you/the holder to file on or before ................

the day of .............. 19 ......, a statement regarding the gross expenditure incurred by you in respect of land during the period from ......................... to ................ if no statement is filed on or before the aforesaid date it will be presumed that you do not intend to file such a statement and the amount will be determined in accordance with the provisions of rule 8 of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Compensation for Use and Occupation of Surplus Land) Rules, 1976.

Schedule

Detail of Land declared surplus

Sr. No.

District

Taluka

Village

Survey No. and Hissa No.

1

2

3

4

5








Area

Assessment

Name of the holder

6

7

8

H.

A.

Rs.

P.

Rs.

P.

Seal of
the Collector



Collector of

Date :

To

Shri/Shrimati..................

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