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[Cites 0, Cited by 6] [Section 21] [Entire Act]

State of Maharashtra - Subsection

Section 21(2) in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

(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).]