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State of Maharashtra - Section

Section 11 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971

11. Priorities for purposes of grant of land.

(1)Subject to the provisions of sub-rules (2), (3), (4) and (5) of this rule and Rules 12 and 13, any allotable land may be granted to any person in the following order of priority, that is to say:
(i)an eksali lesee lawfully holding land on lease from Government on the 31st day of March, 1969;
[(i-a) any person whose land or portion thereof has been eroded due to floods abd become uncultivable;] [This clause was inserted by G.N. of 22.5.2008.]
(ii)an agriculturist whose land which is assessed or held for purpose of agriculture, has been acquired by Government for any public purpose and who agrees to cultivate the land personally;
(iii)a serving member of the armed forces, [x x x] [The words 'Freedom fighter' deleted by G.N. 11.4.1990.] an ex-serviceman, a person belonging to Scheduled Tribes, Scheduled Castes, Vimukta Jatis, Nomadic Tribes, and a Neo-Baddhist, who agrees to cultivate the land personally;
(iv)a member belonging to a backward class other than the backward classes referred to in clause (iii), who agrees to cultivate the land personally:
(v)any other person who agrees to cultivate the land personally:
[Provided that, where the land to be granted is, either a whole survey number or a sub-division of a survey number, relinquished in accordance with the provisions of the Code by a person belonging to a Scheduled Tribe, then save in the case of a sub-divisions of the same survey number which is accepted by any of the occupants of the other sub-divisions of same survey number when offered to him by the Collector under sub-section (2) of Section 35 of the Code, a person belonging to a Scheduled Tribe shall have the first priority and shall rank above eksali lessee] [Added by the Maharashtra Land Revenue (Disposal of Government Lands) (Amendments) Rules, 1981 dated 26th November, 1981.].
(2)Where the Collector has to select under sub-rule (1), one or more grantees from persons having the same order or priority, the selection shall be made by him by drawing lots.
(3)Any allotable land situated in Gramdan village constituted under sub-section (1) of Section 4 of the Maharashtra Gramdan Act, 1964 (Maharashtra XXIII of 1965) may be granted;-
(a)to the Gram Mandal of such Gramdan village;
(b)to any Gram Swaraj Sahakari Sansthan functioning in such village prior to the coming into force of the said Act and fulfilling the following conditions, namely:-
(i)that the extent of land which has been donated in the village in Gramdan is not less than 80 per cent, of the total extent of the land owned by persons residing in the village;
(ii)that the persons who have donated their land are not less than 75 per cent of the total number of persons owning land and residing in the village; and
(iii)that 75 percent of the persons (excluding minors) residing in the village have joined the Gramdan movement.
(4)Except with the previous permission of the State Government, no lands shall be granted to any person who, on the 15th day of August, 1968,-
(a)having three or less than three children, has exceeded three after that date; or
(b)having more than three children, has exceeded that number after that date;
(5)Notwithstanding anything contained in these rules, no land shall be granted under this part [to any serving member of the armed forces or ex-servicemen whose gross annual income from all sources exceeds [Rs. 12,000] [Substituted by the Maharashtra Land Revenue (Disposal of Government Lands) (Third Amendment) Rules, 1976, published in the Maharashtra Shasan Rajpatra, part VI-B, 1394, dated 18th November, 1976.] or to any other person] not being an eksali lessee referred to in clause (i), of the rule, whose gross annual income from all sources exceeds [Rs. 10,000] [For the figure '4500' and '3600' the figures '12,000' and '10,000' were substituted by G.N. of 11.4.1990.]