Section 28 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
28. Special provision in respect of land taken over from industrial undertaking to ensure efficient cultivation and continued supply of raw material.
- [(1) Where any land held by an industrial undertaking is acquired by, and vests in, the State Government under section 21, such land being land which was being used for the purpose of producing raw material for the manufacture of any goods, articles or commodities by the undertakings, the State Government shall take care to ensure that the acquisition of land does not affect adversely production of raw material.] [Sub-section (1) was deemed to have been substituted from 1st October, 1969 by Maharashtra 50 of 1973, Section 2(1).](2)Notwithstanding anything contained in section 27 but subject to any rules made in this behalf for the purpose of [ensuring] [This word was deemed to have been substituted for the portion beginning with the words 'so ensuring' and ending with the words 'and generally for from 1st October, 1969' by Maharashtra 50 of 1973, Section 2(2)(a).] the full and efficient use of the land for agriculture and its efficient management, the State Government-(a)may if it is in the opinion of that Government necessary for the purpose aforesaid (such opinion being formed after considering the representation of person interested therein) maintain the integrity of the area so acquired, in one or more compact blocks, and(b)may subject to such terms and conditions [* * *] [The brackets and words 'including in particular, conditions which are calculated to insure the full and continued supply of raw material to the undertaking at a fair price' were deemed to have been deleted from 1st October 1969 by Maharashtra 50 of 1973, Section 2(2)(b).] grant the land or any part thereof to a joint farming society (or a member thereof) consisting as far as possible, of-(i)persons who and previously leased such land to the undertaking,(ii)agricultural labour (if any) employed by the undertaking in such land,(iii)technical or other staff engaged by the undertaking on such land or in relation to the production or supply of any raw material,(iv)adjoining landholders who are small holders,(v)landless persons:Provided that, the State Government may,(a)for such period as is necessary for the setting up of joint farming societies as aforesaid being not more than three years in the first instance (extensible to a further period not exceeding two years) from the date of taking possession of the land, direct that the land acquired, or any part thereof, shall be cultivated [by one or more farms run or managed by the State or by one or more corporations (including a company) owned or controlled by the State] [This portion was substituted for the words 'through one or more farms fun or managed by the State' by Maharashtra 13 of 1962, Section 6.];(b)[* * * * * *] [Clause (b) was deleted by Maharashtra 27 of 1970, Section 6(1).](c)[* * * * * *] [The Explanation was deemed to have been deleted from 1st October, 1969 by Maharashtra 50 of 1973, Section 2(2)(c).](3)The State Government may provide that,-(a)for the breach of any term or condition referred to in clause (b) of subsection (2), or(b)[* * * * * *] [Clause (b) was deleted by Maharashtra 27 of 1970, Section 6(2).](c)[* * * * * *] [Clause (c) was deemed to have been deleted from 1st October, 1969 by Maharashtra 50 of 1973, Section 2(3)(a).](d)for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the joint farming society should continue to cultivate the land,the grant shall, after giving three months' notice or termination thereof and after giving the other party reasonable opportunity of showing cause, be terminated, and the land resumed. Thereafter, the State Government may make such other arrangements as it thinks fit for the proper cultivation of the land and maintenance of the production [of raw material] [These words were deemed to have been substituted for the words 'and supply of raw material to the undertaking' from 1st October 1969, by Maharashtra 50 of 1973, Section 2(3).].
