Section 21 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
21. Collector to make declaration regarding surplus land etc., and consequent thereof.
(1)As soon as may be after the Collector has considered the matters referred to in section 18 and the questions, if any, under sub-section (3) of section 20, he shall make a declaration stating therein his decision on-(a)the total area of land which the person [or family unit] [These words were inserted by Maharashtra 21 of 1975, Section 14(1).] is entitled to hold as the ceiling area;(b)the total area [* *] [The words 'and particulars' were deleted by Maharashtra 13 of 1962, Section 4(1)(b).] of land which is in excess of the ceiling area;(c)the name of the [landlord] [This word was substituted for the word 'person' by Maharashtra 21 of 1975, Section 14(1)(b).] to whom possession of land is to be restored under section 19, and area and particulars of such land;(d)the area, description and full particulars of the land which delimited as surplus land;(e)the area and [particulars of land out of surplus land, in respect of which the right, title and interest of the person [or family unit] [These words were substituted for the words 'particulars of land which' by Maharashtra 13 of 1962, Section 4(1)(d).] holding it] is to be forfeited to the State Government.[The Collector shall announce his declaration in the presence of the holder and other persons interested who are present at the time of such declaration.] [These words were inserted by Maharashtra 2 of 1976, Section 10(1).](2)After a declaration under sub-section (1) is made [the Collector shall prepare a statement in the prescribed form giving details of the area] [These words were substituted for the words 'the Collector shall, in the prescribed form, notify in the Official Gazette, the area' by Maharashtra 2 of 1976, Section 10(2).], description and full particulars of the land which is delimited as surplus land, [and also of the land therefrom, the right, title and interest in which is] [These words were substituted for the words 'and also of the land which is' by Maharashtra 13 of 1962, Section 4(2)(a).] to be forfeited to the State Government. [The Collector shall affix a copy of the statement at the village chawdi or any other prominent place at the village and shall also despatch a copy of the statement to the person or to the member of the family unit interested in the land delimited as surplus. On the date of the announcement of the declaration mentioned in the preceding sub-section] [These words were substituted for the words 'on the date of the publication of such notification' by Maharashtra 2 of 1976, Section 10(2)(b).] [the right, title and interest in the land which] [These words were substituted for the words 'the land which' by Maharashtra 13 of 1962, Section 4(2)(b).] is liable to forfeiture shall stand forfeited to and vest in the Government. [On and after the dace of announcement of the declaration] [These words were substituted for the words 'on and after that date' by Maharashtra 2 of 1976, Section 10(2)(c).] no sale, gift, mortgage, exchange, lease or any other disposition (including any transfer in execution of a decree or order of a court, tribunal or authority) shall be made of the land which is delimited as surplus land. If any such disposition or transfer is made, it shall be invalid, and of no effect.[Explanation. - Declaration of any land as surplus shall not be deemed to be invalid merely on the ground that the statement giving details of the land is not affixed as aforesaid or has not been dispatched to the person or member of the family unit as provided in sub-section (2)] [This Explanation was inserted by Maharashtra 2 of 1976, Section 10(2)(d).]:Provided that, if-(a)any right of resumption under the relevant tenancy law in respect of, or(b)possession of or right to possession of,any land delimited as surplus, as subject to proceedings under any other law in any court or tribunal, or before any authority, then so much only of the land as the holder of the surplus land is such proceedings is finally held-(i)not to be entitled to retain, or(ii)not to be in possession of, or not to be entitled to possess, may be transferred in pursuance of such proceedings.[Explanation. - For the purposes of this proviso, the proceedings means proceedings for acquisition of land for a public purpose or for the sale of land for realisation of land revenue or sums recoverable as arrears of land revenue, and any other proceedings instituted before the 26th day of September 1970 and pending on the commencement date in any court, or tribunal or before any authority.] [This Explanation was added by Maharashtra 21 of 1975, Section 14(2).](3)The declaration made under this section, [subject to the decision of the Maharashtra Revenue Tribunal in appeal under section 33, or of the State Government in revision under sub-section (2) of section 45] [These words were substituted for the portion beginning with the words 'subject to any appeal' and ending with the words 'in appeal' by Maharashtra 32 of 1965, Section 2.], shall be final and conclusive, and shall not be questioned in any suit or proceedings in any court.(4)[As soon as may be after the announcement of the declaration referred to in sub-section (2), the Collector,] [These words were substituted for the portion beginning with the words 'As soon as may be' and ending with words and bracket 'part thereof') the Collector' by Maharashtra 2 of 1976, Section 10(3).] shall take, in the prescribed manner, possession of the land which is delimited as surplus [and in the case of land which the landlord is entitled to resume, restore possession of the land to the [landlord named] [These words inserted by Maharashtra 9 of 1963, Section 3(b).] in the declaration]. The surplus land shall, with effect from the date on which the possession thereof is taken as aforesaid be deemed to be acquired by the State Government for the purposes of the Act and shall accordingly vest without future assurance and free from all encumbrances in the State Government :Provided that in the case of surplus land referred to in the proviso to subsection (2) the Collector shall, after the proceedings are finally decided, take possession of so much only of the land which the holder of the surplus land is in such proceedings finally held,(i)to be entitled to retain, or(ii)to be in possession of, or to be entitled of possess;and with effect from the date of taking over possession, the land shall vest in the State Government as aforesaid.[Explanation. - For the purposes of this proviso, "proceedings" has the meaning assigned to it in the Explanation to the proviso to sub-section (2) of this section.] [This Explanation was added by Maharashtra 21 of 1975, Section 14(3)(b).](5)Where possession of any land delimited as surplus is handed over by holder in pursuance of an undertaking given by him in any court, and that appeal filed by the holder against the declaration of that land as surplus has been subsequently withdrawn or dismissed, the land, notwithstanding anything contained in sub-section (4), shall with effect from the date on which the possession thereof is taken by the Collector, be deemed to be duly acquired by the State Government for the purposes of the Act, and shall accordingly be deemed to have been validly and effectually vested without further assurance and free from all encumbrances in the State Government from the date of taking over possession thereof.] [Sub-section (5) was added by Maharashtra 27 of 1970, Section 4.]
