Section 6 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Setting up Joint Farming Societies Scheme, 1968
6. Procedure for determining extent of land to be granted to members of societies.
(1)For deciding the extent of land that can be granted to the members of a society of ex-lessors, or of other persons referred to in paragraph (a) or (b) of sub-clause (1) of clause 3 and also the extent of land which is to be allowed to be cultivated personally by such members under sub-clause (2) of clause 4 the Collector shall prepare a village-wise list of such members containing the following particulars, that is to say :-(a)the names of members at the village or wadi, as the case may be;(b)the extent and particulars of land, if any, previously leased by the members to the undertaking;(c)the extent and particulars of other land, if any, held by each of the members;(d)the extent and class of land that can be granted to each member under the provision of sub-clause (2) or sub-clause (3), read with sub-clause (4), of clause 3;(e)the extent and class of land [out of land referred to in paragraph (d)] which can be granted for personal cultivation to each member under the provision of sub-clause (2) of clause 4.(2)The Collector may prepare such lists separately in respect of members of a society of ex-lessors and those of a society of other persons. Alter such list is prepared, it shall be published by affixing a copy thereof at the office of the Collector, office of the Local Estate Manager of the Farming Corporation, the village Chavdi and on the notice board of the village panchayat, and where there is no village panchayat, at any prominent place in the village or wadi. The fact that such list has been prepared and is available for inspection at the places aforesaid shall also be announced in the village or wadi by beat of drum. If no application is made by any member whose name is included in the list or any other person interested, within a period of two months from the date of such publication disputing the correctness or omission of any entry such list shall be final.(3)If an application is made to the Collector by any person whose name is included in the list or any other person interested, within the aforesaid period disputing the correctness or omission of any entry, the Collector shall decide the dispute after holding such enquiry as he deems fit. The Collector shall then amend the entries in the list in accordance with the decision given by him and shall publish the corrected list for the information of all concerned in the manner laid down in sub-clause (2) The list so published, shall be final :Provided that, the State Government may, suo motu at any time or on an application made to it by any person aggrieved by such decision within one month of such publication, call for the record of the proceedings and may revise the decision of the Collector as it may deem fit, and the list shall be deemed to be amended accordingly.(4)On the basis of entries in the final list, and in consultation with the officer authorised by the Farming Corporation in that behalf, the Collector shall determine :(i)the extent and class of land which each member whose name is included in the final list is eligible for grant under sub-clause (2), or sub-clause (3) read with sub-clause (4) of clause 3; and(ii)the extent and particulars of land [out of land referred to in paragraph (i)] which can be granted to each such member for personal cultivation.He shall then invite applications for grant of land from members who are willing and ready to accept such land on the terms and conditions of this scheme.(5)On receipt of an application under sub-clause (4), the Collector may, after making such further enquiry as he deems fit, and subject to the general or special directions, if any, issued by the State Government in that behalf, pass orders for -(a)granting land to a member who is held eligible to get under paragraph (i) of sub-clause (4); and(b)specifying the land [out of land referred to in paragraph (a) above] which the member is to cultivate personally.(6)(i)Where the Collector is of the opinion that actual possession of the land referred to in paragraph (a) of sub-clause (5) cannot be given to the grantee unless the lands are remeasured and demarcated, he shall cause only the lands referred to in paragraph (b) of the said sub-clause (5) to be measured and demarcated and pass orders granting such land to the members concerned.(ii)In respect of the balance of the land [being land grantable to a member under paragraph (a) of sub-clause (5) excluding the land, if any, granted to him under paragraph (1) of this sub-clause], the Collector shall issue an eligibility certificate in favour of the member. Such certificate shall be in Form I appended to this scheme, and shall indicate the extent and class of the land which is granted to the member. The Collector shall prepare three copies of such certificate. One copy shall be issued to the member, another shall be forwarded to the Farming Corporation, and the third shall be retained by the Collector as office copy.(7)A member in whose favour an order for grant of land is made under paragraph (i) of sub-clause (6) shall be given possession of the land within sixty days after the close of the year in which the order for grant of land is made.(8)A member to whom an eligibility certificate is issued under sub-clause (6) shall, from the year following the year in which certificate is issued, be eligible to receive rent from the Farming Corporation for land mentioned therein as if such land was actually granted to him and was leased by him to the said Corporation under paragraph (a) of sub-clause (1) of clause 4.
