Section 21A in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971
21A. [ Disposal of Tankbed lands. [Rule 21-A was inserted by G. N. of 25.9.2008 (M.G.G., Pt. IV-B, Extraordinary, pp. 1046 to 1049).]
(1)Subject to the provisions of these rules, Tankbed lands, situated in a village or group of villages shall, save as otherwise provided in sections 33 and 65 of the Code, ordinarily be leased to any person by the Collector in the following order of priority, that is to say,-(i)a person whose land has been acquired for constructing new tank, westweir dam, etc. or those who are affected by any Government Project or a Project of a local authority;(ii)the co-operative societies of local landless backward class people;(iii)the co-operative societies of local landless backward class and non-backward class people, in which the backward class members are in majority;(iv)the co-operative societies of local landless people;(v)the local landless backward class people;(vi)the local landless people of other classes;(vii)the landless people from outside the village where Tankbed lands are situated;(viii)the local land holders other than those mentioned above :Provided that, first preference may be given to such persons amongst those specified in clause (i), who are affected as a result of acquisition of their land for construction of a tank, dam or irrigation project, as the case may be, and who are resident of that area, and in respect of that very tank, dam or project, the Tankbed land has become available for disposal.(2)No Tankbed land situated in any area which is declared or proposed to be declared as a sanctuary or a National Park by the State Government or the Central Government, shall be leased.(3)The maximum area of 1.20 hectare of Tankbed land may be given to one family, and a maximum area of 1.60 hectare of land may be given to the head of a family, if he is a member of a co-operative society subject to the limit of economic holding as specified in section 6 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948).(4)The Tankbed land which generally becomes available for cultivation every year may be leased for a period not less than five years and not more than ten years.(5)The rent in respect of Tankbed land specified in sub-rule (4) shall be as determined by the Government, from time to time, on the basis of assessment of the land in the vicinity of the tank area. The Tankbed land which is not generally available but is exposed and becomes available only in times of scarcity shall be given pro rata to persons or co-operative societies who have taken Tankbed land on lease and they shall be charged rent as determined by the Government from time to time on the basis of assessment of land in the vicinity of the tank area. If the individuals or societies do not accept these lands they shall be disposed of by auction with the previous sanction of the Commissioner. If the amount of highest bid in auction is less than the amount of rent, such cases shall be referred to the State Government for decision. The lease money shall be deemed to be land revenue chargeable on such lands.(6)Where two or more landless persons belonging to the same class of priority under clauses (v) to (viii) of sub-rule (1), claim tank-bed land, the selection shall be made by drawing lots.(7)Where two or more co-operative societies belonging to the same class or order of priority under clauses (ii) to (iv) of sub-rule (1), claim, tank-bed land, the land may be allotted on the basis of relative merits of the cooperative societies, in the opinion of the Collector.(8)The tank-bed lands which are specially meant for grazing may be leased to the farmers owning cattle from the same village or group of villages, to which the grazing lands forming part of the tank pertain in proportion to the number of cattle they own. The lease period shall be one year. If any excess tank-bed land which is not required for such grazing in accordance with the prescribed scale of the grazing area, the same may be disposed of in the order of priority provided in clauses (i) to (viii) of sub-rule (1) for cultivation.(9)Tank-bed lands shall be permanently demarcated in appropriate parcels by the Collector or in consultation "with the district level officer of the Organisation which has constructed and/or manages the tanks" in respect of such lands.(10)Tank-bed lands shall not be disposed of by the Collector or in occupancy right except with the previous sanction of the State Government.(11)The lease of tank-bed lands shall be subject to the provisions of the Code and the following additional conditions, namely :-(a)the lessee shall not mortgage, sell, assign, sub-let or otherwise transfer such land or any part thereof nor shall be kept the land fallow, if it is found to be so, the Collector may resume such lands and dispose of the same in the manner he thinks fit and no claim shall be entertain or, no compensation shall be paid for such resumption;(b)the lessee shall regularly pay the lease rent fixes by the Collector;(c)the lessee shall protect all standing trees in tank-bed lands and shall not cause any damage to such trees either by cutting or falling the same;(d)the lessee shall protect the boundary marks. If any boundary mark is found damaged, he shall be liable to pay compensation for the same as may be determined by the Collector;(e)the lessee shall not cause any damage in the existing tank, dam or project nor shall he do such act so as to cause damage to the tankbed land granted to him under the lease. If any damage is caused to the tank-bed lands granted on lease or to the tank, dam or project, he shall be held liable for compensating the cost incurred in restoring the same to the original form as it existed before such damage;(f)the lessee shall relinquish, after being given a notice of thirty days, the possession of the lands without claiming any compensation if the land is required for any Government work or any public purpose during the lease period;(g)If in any year during the lease period any portion of the tank-bed land remains submerged so long as to make it impossible to grow any crops on it, proportionate reduction in rent shall be granted to the lessee. The decision of Collector in this behalf shall be final and conclusive;(h)if a lessee commits a breach of any of the conditions specified in clauses (a) to (c) above or any other additional conditions, which the Collector may deem fit to impose, the Collector may resume and take possession of the land so leased to the lessee and lessee shall then be liable to be evicted from such land.(12)The Collector shall obtain from each such lessee an agreement in the appropriate form incorporating the above conditions and such other additional conditions as he may deem fit to impose and cause the lessee to be placed in possession of the tank bed-lands leased to him.]
