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State of Maharashtra - Section

Section 5 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Setting up Joint Farming Societies Scheme, 1968

5. Conditions subject to which land is to be granted to society or members thereof or public trust.

(1)Grant of land to a society or members thereof or a public trust under the provisions of this Scheme shall be subject to the following terms and conditions and the condition referred to in clause 9, namely :-
(a)The society to which land is granted under clause 8 or a member to whom land is granted or eligibility certificate is issued under clause 6 or the public trust to which land is granted or an eligibility certificate is issued under clause 7, shall pay to the State Government occupancy price equal to the amount of compensation calculated under Chapter V of the Act in respect of the land, within two years, from the date of the grant, or as the case may be, the date of issue of the eligibility certificate :
Provided that, in the case of a society consisting of ex-lessors (not being public trust) or a member thereof, or the public trust, the price payable by the society, the member, or as the case may be, the public trust may be adjusted against the compensation awarded to the members of such society, or member, or as the case may be, the public trust under Chapter V of the Act, in accordance with rule 8 of the rules regarding procedure, custody, supply etc. of compensation bonds laid down in Appendix I of Government Resolution, Revenue and Forests Department No. ICH. 1164/1294 (a) - M (Spl.), dated 22nd July, 1964 :Provided further that, in any case where after such adjustment is made any amount is found due from such society, member or public trust, such amount shall be paid within the aforesaid period of two years.
(b)The society or a member thereof, or the public trust shall not except as provided in the Act or rules framed thereunder or in this Scheme transfer the land (or any part thereof) granted under this Scheme by way of sale, mortgage, lease, gift, exchange or otherwise without the previous sanction of the Collector;
(c)The society or member thereof or public trust shall be liable to pay land revenue, local fund cess or any other impost or dues payable in respect of the land;
(d)The society or member thereof (in case where such member is allowed under clause 4 to cultivate the land personally on the condition of growing any specified raw material therein) shall make full and efficient use of the land for agriculture and shall be responsible -
(i)to produce such quantity of raw material from the land as the State Government may in each case decide, due regard being had to the extent of the raw material produced from the land during the three years immediately preceding its declaration as surplus land;
(ii)to supply the raw material so produced at a fair price, to the undertaking concerned, or such other undertaking as the Collector may specify in accordance with the special directions, if any, issued by the State Government under sub-clause (5) of clause 3.
(e)For the purpose of ensuring proper compliance of condition (d), it shall be open to the State Government to direct the society or a member thereof to obtain from the Farming Corporation all or any of the following supplies and services, namely :-
(i)preparation of cropping programme;
(ii)supply of seed cane, if any;
(iii)supply of organic or inorganic manures;
(iv)supply of pre-emergence weedicides or insecticides;
(v)preplantation operations;
(vi)general supervision on all farm operations;
(vii)services of managerial staff;
(viii)services of skilled staff, such as mukadam, foreman, or such other staff as may be found necessary for efficient management and cultivation of the land;
(ix)harvesting and transport of raw material.
(f)The society or a member thereof or the public trust shall abide by and carry out to the satisfaction of the State Government such directions or instructions as that Government may issue under the provisions of clause 11.
(2)The grant of land may be terminated and the land resumed in accordance with the provision of sub-section (5) of section 28, or as the case may be, sub-section (5) of section 28-1A of the Act; and thereafter, the State Government may make such other arrangement, as it thinks fit, for the proper cultivation of the land and maintenance of the production of raw material and its supply to the undertaking concerned.