Section 18 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
18. Collector to consider certain matters.
- On the day fixed for hearing under section 14, or on any other day or days to which the inquiry is adjourned, the Collector shall, after hearing the holder and other persons interested and who are present and any evidence adduced, consider the following matters, that is to say,-(a)What is the total area of land which was held [by the holder on the 26th day of September 1970] [These words and figures were substituted for the words and figures 'by the person on the 4th day of August 1959.' by Maharashtra 21 of 1975, Section 12(1).];(b)whether any land transferred between the period from the 26th September 1970 and the commencement date, or any land partitioned after the 26th day of September 1970, should be considered or ignored in calculating ceiling area as provided by sub-section (1) of section 10 or section 11; [This was substituted for clause (b) by Maharashtra 21 of 1975, Section 12(2).](bb)whether the holder has any share in the land held by a family or held or operated by any co-operative society or held jointly with others or held as a partner in a firm; and the extent of such share;](c)what is the total area of land held [by the holder commencement date] [These words were substituted for the words 'by the person on the appointed day' by Maharashtra 21 of 1975, Section 12(3).]?(d)Whether any transfer or partition land is made by the [holder] [This word was substituted for the word 'person' by Maharashtra 21 of 1975, Section 12(4)(b).] in contravention of [section 8 or 11] [These words and figures were substituted for the word and figure 'section 8' by Maharashtra 21 of 1975, Section 12(4)(b).] and if so, whether the land so transferred or partitioned [Should be considered or ignored] [These words were substituted for the words 'should be considered' by Maharashtra 21 of 1975, Section 12(4)(c).] in calculating the ceiling area under the provisions of sub-section (1) of section [10 or section 11] [These figures and words were substituted for the figure '10' by Maharashtra 21 of 1975, Section 12(4)(d).]?(e)whether any land has been acquired or possessed on or after the [commencement date] [These words were substituted for the words 'appointed day' by Maharashtra 21 of 1975, Section 12(5).] by transfer or by partition?(f)whether any land has been acquired on or after [commencement date] [These words were substituted for the words 'appointed day' by Maharashtra 21 of 1975, Section 12(5).] by testamentary disposition, devolution on death or by operation of law?(g)what is the total area of land held at the time of the enquiry, and what is the area of land which [the holder] [These words were substituted for the words 'the person' by Maharashtra 21 of 1975, Section 12(6).] is entitled to hold?(h)whether any land is held by [the holder] [These words were substituted for the words 'the person' by Maharashtra 21 of 1975, Section 12(6).] as tenant, and if so, whether his landlord has a subsisting right of resumption of the land for personal cultivation under the relevant tenancy law applicable thereto?(i)whether any land held by [the holder] [These words were substituted for the words 'the person' by Maharashtra 21 of 1975, Section 12(6).] is to be forfeited to Government under sub-section (3) of section 10, or of section 13, or should be deemed to be surplus land under any of the provisions of this Act?(j)whether the proposed retention of land by [the holder] [These words were substituted for the words 'the person' by Maharashtra 21 of 1975, Section 12(6).] is in conformity with the provisions of section 16?(k)which particular lands out of the total land held by [the holder] [These words were substituted for word 'him' by Maharashtra 21 of 1975, Section 12(7).] should be delimited as surplus land?(l)any other matter which, in the opinion of the Collector, is necessary to be considered for the purpose of calculating the ceiling area, and delimiting any surplus land.
