Section 3 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Setting up Joint Farming Societies Scheme, 1968
3. Formation of societies and extent of land to be granted to society or members thereof.
(1)In respect of lands included in any farm, being lands of an undertaking which have been acquired by, and vested in, the State Government under section 21, there shall be set up not more than two joint farming societies -(a)one consisting of landlords who had previously leased their land to the undertaking (hereinafter referred to as "ex-lessor"); and(b)the other consisting as far as possible of persons falling under sub-clauses (ii) to (v) of clause (b) of sub-section (2) of section 28 (hereinafter referred to as "other persons") who are willing to become members of such a society.(2)Subject to the provisions of this clause, the extent and particulars of the land to be granted to a society consisting of ex-lessors (or members thereof) shall be determined on the basis of each such member being eligible for grant of so much land as would, together with any other land held by him, not exceed thrice the area of an economic or a family holding as provided in the relevant tenancy law :Provided that, if in any case, the area so determined is more than the land actually leased by the member to the undertaking, the member shall be eligible to the grant of land only equal in extent to the land previously leased by him ;Provided further that, if in any case the State Government after considering the factors specified in sub-section (2) of section 28-1A, is satisfied that if land is granted to ex-lessors on the basis provided in this sub-clause, then the balance of land available for grant to a society of other persons will not make an economically viable unit, the State Government may by order fix a lower limit for grant of land to ex-lessors which shall not in any case be less than one economic holding :Provided also that, where an ex-lessor is a public trust, and the major portion of the income from the land is being appropriated for purposes of education or medical relief, the extent of land to be granted shall be equal in extent to the land leased by it previously to the undertaking.(3)The remaining land, that is to say, the balance of land left after determining the extent of land to be granted to a society consisting of ex-lessors (or members thereof) and to a public trust, if any, shall be the land which shall be available for grant to a society consisting of other persons. The extent of land to be granted to such society (or members thereof) shall be determined on the basis that as far as possible the total land held by any member of such society after granting does not exceed one-sixth of the ceiling area :Provided that, the State Government may, in accordance with the provisions of sub-section (2) of section 28-1A, by order in writing relax the limit of one-sixth of the ceiling area if in any case, having regard to the extent of the remaining land available for grant in each case and the number of persons who are willing to be members of the society, it is found that land may be granted to members of such society in larger proportion.(4)Where two or more farms are situate in proximity of each other, the State Government may, with a view to ensuring that each of the societies to be set up at these farms gets adequate land so as to make it an economically viable unit, by order direct that for purposes of determining the extent of land to be granted to societies or to members thereof under sub-clause (2) or sub-clause (3), lands comprised in those arms (or any part thereof) shall be grouped together aS specified in the order.(5)Where lands are grouped together as aforesaid, the State Government may, with a view to ensuring continued supply of raw material to any of the undertakings concerned, and also with a view to ensuring that such supply is not adversely affected as a result of such grouping, issue such special directions in that behalf as may be found necessary and appropriate.(6)The land occupied by farm buildings, roads, drains, embankments, culverts, wells, and other similar works and structures and land appurtenant to such works or structures shall initially be included in determining the extent of land to be granted under this clause; but the land occupied by such works (excluding wells) and structures shall not be included in the grant of land to a society (or members thereof) or to a public trust under sub-clause (2) or (3); and disposal of such works and structures and land appurtenant thereto shall be made in such manner as the State Government may direct, after consulting the societies or proposed societies concerned.
