35. Disposal of relinquished or forfeited sub-division.
(1)If any sub-division of a survey number is relinquished under Section 55, such sub-division of a survey number shall be treated as Government waste land, and it shall be disposed of by the Collector in the manner provided in sub-section (2).(2)The Collector shall, subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, offer such division [at such price not exceeding twenty-four times the assessment thereof or such amount as may be prescribed, whichever is higher] [Substituted 'at such price not exceeding twenty-four times the assessment thereof' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.] as he may consider to be worth to the occupants of the other sub-divisions of the same survey number in such order as in his discretion he may deem fit; so however that the total holding of the grantee does not exceed the ceiling fixed in that behalf under any law for the time being in force in the State. In the event of all such occupants refusing to accept the offer, the sub-division shall be disposed of by the Collector, subject to the rules made by the State Government in that behalf, in the manner provided by Section 31.(3)If any sub-division of a survey number is forfeited for default in payment in land revenue, the Collector shall take possession of the sub-division and may lease such sub-division to the former occupant thereof or to the occupant of the other sub-divisions of the same survey number or to any other person for period of one year at a time, so, however, that the total holding of such holder does not exceed the ceiling referred to in sub-section (2).(4)If within three years of the date on which the Collector takes possession of the sub-division under sub-section (3), the former occupant thereof applies for the restoration of the occupancy of the sub-division, the Collector may restore the sub-division to the occupant on the occupant paying the arrears of land revenue and the penalty [equal to three times the assessment or such amount as may be prescribed, whichever is higher.] [Substituted 'equal to three times the assessment' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.] If the occupant fails to get the occupancy of the sub-division restored to him within the period aforesaid, the sub-division shall be disposed of by the Collector in the manner provided by sub-section (2).Explanation. - For the purpose of this Section, notwithstanding anything contained in Clause (23) of Section 2, if any other sub-divisions have been mortgaged with possession, the mortgagors shall be deemed to be the occupants thereof.
