Section 4 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Setting up Joint Farming Societies Scheme, 1968
4. Disposal of land pending setting up of society.
(1)Pending the setting up of a society, land may, subject to the provisions of this clause, be granted to any person referred to in clause (b) of sub-section (2) of section 28, subject to the condition that such person undertakes -(a)to lease the land (except land granted for personal cultivation) to the Farming Corporation till such time as a society is actually set up, and(b)on a society being set up, to become a member of that society and to assign all his interest in the land (except land granted for personal cultivation) to the society; and on assignment of such interest in the land, the lease entered into with the Farming Corporation under paragraph (a) shall stand terminated.(2)Subject to the provisions of this clause the State Government may, after considering the representations of persons interested the land and having regard to the need for maintaining the integrity of the land on one or more compact blocks, grant the land to any such person for personal cultivation, if the bona fide requires the land for that purpose so however that the extent of land so granted is not less than 4 acres (except where the land granted to the person under clause 3 is itself less than 4 acres) :Provided that where the family of any such person consists of members which exceed 5 in number, such person (if land granted to such person under clause 3 exceeds 4 acres) may be granted land exceeding 4 acres to the extent of 32 gunth as for each member in excess of 5, so however that the total land granted shall not exceed 8 acres.(3)For considering the claim of any person to obtain land for personal cultivation under the provisions of sub-clause (2), the Collector shall take into consideration the following factors, namely :-(a)the extent of land granted or that can be granted, to the person under sub-clause (2) or (3) of clause 3;(b)the present occupation of such person;(c)the extent and particulars of land, if any, held by such person and cultivated personally;(d)the previous experience of such person, and resources possessed by him, if any, for cultivation of the raw material to be supplied to the undertaking;(e)the number of members in the family of such person;(f)the total annual income, from all sources, of such person;(g)such other factors as the Collector may consider necessary and relevant to the facts of each case.(4)A person to whom any land is granted under sub-clause (2) for personal cultivation shall grow therein such raw material as the Collector may, keeping in view the objects of clause (b) of sub-section (2) of section 28 and subject to any general or special directions issued by the State Government, direct.(5)For maintaining the integrity of the farm in one or more compact blocks, an ex-lessor may be granted any other land of the same extent which he had previously leased to the undertaking.(6)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 entire land which it had previously leased to the undertaking may be granted to the public trust on the condition that it shall lease the land to such society referred to in paragraph (a) or, as the case may be, paragraph (b) of sub-clause (1) of clause 3 when it is set up, and on such terms and conditions, as the State Government may by order determine.
