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State of Maharashtra - Act

The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

MAHARASHTRA
India

The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962

Rule THE-MAHARASHTRA-AGRICULTURAL-LANDS-CEILING-ON-HOLDINGS-RULES-1962 of 1962

Published on 6 April 1962
Commenced on 6 April 1962
[This is the version of this document from 6 April 1962.]
[Note: The original publication document is not available and this content could not be verified.]

The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962Published vide Notification No. G. N., R. D., No. ICH-1161/122431-M (Spl.), dated 6th April, 1962 (M. G., Part 4B, p. 1108)In exercise of the powers conferred by section 46 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra XXVII of 1961), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules the same having been previously published as required by sub-section (1) of the said section 46, namely :-

1. Short title.

- These rules may be called the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962.

2. Definitions.

- In these rules, unless the context otherwise requires,-

(a)"Act" means the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961;

(b)"Form" means a form appended to these rules;

(c)"Section" means a section of the Act;

(d)"Mamlatdar" includes a Mahalkari, a Tahsildar and a Naib-Tahsildar;

(e)Words and expressions used, but not defined, shall have the same meanings as in the Act.

3.

[* * *] [Deleted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide M. G. G., Part IV-B dated 7.10.1975.].

4.

[* * *] [Deleted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide M. G. G., Part IV-B dated 7.10.1975.].

5.

[* * *] [Deleted by Notification No. ICH. 1172/23600-L-8, dated 3rd October, 1975, vide M. G. G., Part IV-B dated 7.10.1975.].

6. Particulars of land to be retained and form in which they are to be furnished under section 17(3).

- The particulars of land to be retained by a holder under section 16 shall be furnished to the Collector in Form VI.

7. Form of notification to be issued under section 21(2).

- The notification to be issued under sub-section (2) of section 21 shall be in Form VII.

8. Manner of taking possession of surplus land under section 21(4).

(1)The Collector may, for the purpose of taking possession of surplus land under sub-section (4) of section 21, authorise an officer not below the rank of a Circle Inspector or Revenue Inspector (hereinafter referred to as the authorised officer) to take possession of the land which is delimited as surplus land.

(2)The authorised officer shall thereupon give public notice in Form VIII at a convenient place on or near the land stating that he intends to take possession of the land on the date and at the time and place therein mentioned and that the holder of the surplus land and all other persons interested therein should remain present on the date and at the time and place so specified. The authorised officer shall also publish the notice by beat of drum in the village in which the surplus land is situate and by affixing copies thereof in village chavadi.

(3)The authorised officer shall also serve notice to the same effect on the holder of land in the manner provided in section 32.

(4)On the appointed date and at the time and place specified in the notice, the authorised officer shall, in the presence of the holder of the land and other persons interested therein, who may be present, make a panchanama in respect of the following matters, namely

(a)whether the land or any part thereof was not cultivated for a continuous period of three years immediately before the appointed day;

(b)where the land or any part thereof is used for grazing;

(c)whether there are any standing crops on the land; and if so, the estimated cost of cultivation thereof;

(d)whether there is a well in the land; and if so, the season during which it is used for irrigation and the extent of land irrigated by it;

(e)whether there are any structures or embankments constructed or permanent fixtures on the land;

(f)whether there are any trees standing on the land.

(5)After the panchanama is made, the authorised officer-shall take over possession of the land from the holder. If the holder fails to be present at the appointed time and place, the officer shall take over possession of the surplus land in the presence of the panchas, and make a panchanama of his having taken over possession of the said land. After the possession of the land is taken, the officer shall make a report to that effect to the Collector, and forward the panchanama or as the case may be, panchanama, alongwith the report.

9. Form of public notice to be given under section 24(1).

- The public notice to be given under sub-section (1) of section 24 shall be in Form IX.

10. Preparation of statement of applicants for grant of surplus land under section 27.

(1)As soon as may be, after the date on which any land is declared to be surplus land under section 21, or where any land provisionally omitted under sub-rule (6) from the statement of surplus lands available for distribution becomes so available, the Collector or the authorised officer shall issue a public notice in Form X containing a list of surplus lands (not being grazing lands or lands to be disposed of under section 28) that are available for distribution in the village and call upon persons and bodies mentioned in sub-sections (2) to (5) of section 27 to submit to him within one month from the date of publication of the notice, applications in Form XI for grant of any land included in the list.

(2)The public notice under sub-rule (1) shall be published in the village in which the land is situate, and also in the village within a radius of five miles from such village by beat of drum. Copies of the notice shall also be affixed on the notice board in the office of the Collector, the authorised officer, the Mamlatdar and of the village panchayat and in the village chavdi, and where a village has no panchayat, at any prominent place in the village.

(3)On the expiry of the period specified in the public notice, the Collector or the authorised officer shall, as soon as may be, scrutinise the applications received in pursuance of the notice, and having regard to the provisions of sub-section (7) of section 27, draw up a provisional statement in Form XII indicating therein each land and the applicants therefor (arranged according to the order of priority provided by section 27) who are eligible for the grant of that land and publish the provisional statement in the manner provided in sub-rule (2), alongwith a notice in Form XIII, calling upon the persons concerned to Submit to him within one month from the date of publication of the notice, their objections in relation to any matter provided in the provisional statement, and inviting applications in Form XI for grant of surplus land in respect of which there are no applicants.

(4)The Collector or the authorised officer shall also send a copy of the provisional statement to the District Deputy Registrar of Co-operative Societies. On receipt of such copy, the District Deputy Registrar of Co-operative Societies shall, after making such inquiry as he deems fit, forward to the Collector or the authorised officer within one month from the receipt of the copy of the statement, his suggestions or recommendations regarding suitability or otherwise of the joint farming societies or farming societies which have applied for grant of land.

(5)After the expiry of the period referred to in sub-rules (3) and (4), the Collector or the authorised officer -

(a)shall consider -

(i)the objections, if any, received in relation to the matters provided in the provisional statement;

(ii)new applications received for grant of land in pursuance of notice issued under sub-rule (3); and

(iii)the suggestions or recommendations submitted by the District Deputy Registrar of Co-operative Societies under sub-rule (4), and

(b)shall, after holding such further inquiry as he may deem fit, and after ascertaining the requirements of persons under sub-rule (6), amend or modify, if necessary, any entry in the provisional statement, and draw up a final statement in Form XII.

(6)If at the time of drawing up a final statement it comes to the notice of the Collector or the authorised officer that -

(a)any land included in the statement has not been finally declared as surplus land, or

(b)an appeal against the declaration of any land as surplus land is still pending, he shall omit such land from the final statement, and thereupon the Collector or the authorised officer shall, ascertain from the applicant for land to omitted whether he wants any other surplus land available for distribution; and include his name in the final statement.

11. Grant of surplus land under section 27.

(1)As soon as may be, after the final statement is drawn up under sub-rule (5) of rule 10, the Collector or the authorised officer shall publish it alongwith a public notice in Form XIV informing all persons whose names are included in the final statement and also other persons interested in such lands, the time and place at which, and the date (such date being not earlier than fifteen days, after the date of publication of the notice) on which, the land shall be granted and calling upon all persons concerned to remain present on the date and at the time and place appointed as aforesaid. The statement and the public notice shall be published in the manner provided in sub-rule (2) of rule 10.

(2)On the date fixed under sub-rule (1) or on any other day to which the proceedings for grant of land may be adjourned, the Collector or the authorised officer shall, in the presence of all persons present, and subject to the provisions of section 27, select persons for grant of land in the following manner, namely : -

(i)if there is only one applicant who has applied for any particular land, the land shall be granted to him;

(ii)if there are more than one applicants in respect of the same land, the land shall be granted to the person having the highest order of priority;

(iii)if there are more than one applicants having the same order of priority in respect of the same land, the land shall be granted after drawing lots in the manner provided in rule 12;

(iv)the land for which no application has been received shall be offered to persons who are present and who are eligible for the grant which shall, subject to the provision of sub-section (7) of section 27 and clause (iii) above, be made to a person having the highest order of priority and who is willing to accept the land.

(3)If the person to whom the land is to be granted refused to agree to pay the occupancy price under sub-section (9) of section 27, the land shall, subject to the provisions of section 27, be offered to any other person who has previously applied for the grant of the land and who is willing to agree to pay the occupancy price ;Provided that, if more than person accept the offer, the land shall, subject to the provision of clause (iii) of sub-rule (2), be granted to the person having the highest order of priority.

12. Manner of choosing by lot allottee for grant of surplus land.

(1)Where the Collector or the authorised officer has to select a person for grant of land by lot, he shall in the presence of applicants concerned and all other persons interested who are present at the proceedings for grant of land under rule 11 -

(a)prepare as many identical slips of paper as there are applicants for the land;

(b)writ the name of each applicant on a separate slip on one side and fold all such slips in identical manner so as to completely enclose the name written thereon;

(c)place all the slips in an empty box of a suitable size, and thoroughly mix them by shaking the box;

(d)ask one of the applicants or any other person who may be present to draw from the box with hand but without looking at the box, one of the folded slips in the box.

(2)The applicant whose name appears on the slip so drawn shall be eligible for grant of the land in question.

12A. [ [Inserted by G. N. of 24.2.1964.]

The Collector or the authorised officer shall -

(i)where the land is situated in the Vidarbha area of the State, grant a certificate in Form XIV-A to the grantee;

(ii)where the land is situated in the Hyderabad area of the State, get an agreement in Form XIV-B executed by the grantee; and

(iii)where the land is situated in the rest of the State, get an agreement in Form XIV-C executed by the grantee.]

12B.

[* * *] [Rules 12-B and 12-C which were inserted by Notification No. ICH. 1167/117388-M (Spl.), dated 24th October, 1967, were again deleted by Notification No. ICH. 1168/85359-M (Spl.), dated 24.9.1968, published in Maharashtra Government Gazette, dated 17.10.1968, Part IV-B, p. 1521.]

12C.

13. Provision for transfer of land under section 29.

- Under section 29, the Collector may sanction transfer of land in any of the following circumstances, that is to say, -

(a)if the land is required by an industrial undertaking in connection with any bona fide industrial operations carried on or to be carried on by such undertaking;

(b)if the land is required for the benefit of any educational or charitable institution;

(c)if the land is required by a co-operative society;

(d)if the land is being exchanged -

(i)for land of equal or nearly equal value owned and cultivated personally by a member of the donor's family, or

(ii)for land of equal or nearly equal value in the same village owned and cultivated personally by a land owner with a view to forming compact block of his holding or better management thereof:

Provided that, the total land held and cultivated personally by any donee whether as owner or tenant or partly as owner and partly as tenant does not exceed the ceiling area as a result of the exchange;

(e)if the land is being leased by a lessor who is a person under disability;

(f)if the land being partitioned among the heirs or survivors of the deceased grantee of the land, and no party, after the shares are defined on partition, gets land which is a fragment:

Provided that, no sanction shall be accorded to any transfer of land falling under clauses (a), (b) or (c) unless the transferor agrees to the condition to pay to the State Government a premium equal to 40 times the assessment of the land.

14. Manner of approval of public trust for purpose of section 47(l)(c).

(1)Any trustee of a public trust established for the purpose of a panjrapole or gaushala functioning before the appointed day shall, within six months from that day, [or such reasonable time which the State Government may allow] [Inserted by G.N. of 24.2.1964.] make an application in writing to the State Government through the Collector within whose jurisdiction all or a major portion of the lands held by the trust are situated, for its approval under clause (c) of sub-section (1) of section 47, accompanied by -

(i)the latest balance sheet audited under section 33 of the Bombay Public Trusts Act, 1950, and duly certified to be a copy of the accounts so audited by the person referred to in sub-section (2) of that section;

(ii)a list of lands which are held by the trust;

(iii)a certified copy of extracts of Record of Rights relating to such land, and

(iv)such other document (including a copy of a certificate, if any, granted under the relevant tenancy law evidencing exemption from that law) in support of his request.

(2)The application shall contain the following particulars, that is to say, -

(a)whether the trust is, or is deemed to be registered under the Bombay Public Trusts Act, 1950;

(b)the purpose for which the trust is established;

(c)whether the trust was functioning for the said purpose before the appointed day;

(d)the manner in which the income from the lands held by the trust is appropriated.

(3)The Collector shall forward the application to the State Government alongwith his remarks thereon.

(4)The approval of the State Government shall be notified in the Official Gazette.

15. Procedure for claiming exemption by a public trust under section 47(1)(d) and form of undertaking to be given by it.

(1)Any trustee of a public trust seeking exemption under clause (d) of sub-section (1) of section 47 in respect of lands held by the trust shall, within six months from the appointed day, [or such reasonable time which the State Government may allow] [Inserted by G.N. of 24.2.1964.] make an application in writing to the State Government through the Collector (within whose jurisdiction all or a major portion of the lands held by the trust are situated) for the grant of a certificate stating that the lands are exempt from the provisions of the Act. The application shall be accompanied by -

(i)the latest balance sheet audited under section 33 of the Bombay Public Trusts Act, 1950 and duly certified to be a copy of the accounts so audited by the person referred to in sub-section (2) of that section,

(ii)a list of lands held by the trust,

(iii)a certified copy of extract of Record of Rights relating to each land,

(iv)an undertaking in Form XV, if necessary, and

(v)such other document (including a copy of a certificate, if any, granted under the relevant tenancy law evidencing exemption of the land from that law) in support of his request.

(2)The application shall contain the following particulars, namely :-

(a)whether the trust is or is deemed to be, registered under the Bombay Public Trusts Act, 1950;

(b)the purpose for which the trust is established;

(c)the manner in which the income from the lands held by the trust is appropriated;

(d)if the major portion of the income of the lands held by the trust is not appropriated for the purpose of education or medical relief, an undertaking in Form XV.

(3)On receipt of the application, the State Government shall if it is satisfied that there is no objection to exempt the lands of the trust under clause (d) of subsection (1) of section 47, issued a certificate to the trustee in Form XVI.

(4)A trustee holding a certificate on the basis of an undertaking in Form XV shall, within three months from the expiry of the period of two years referred to in clause (d) of sub-section (1) of section 47, submit to the State Government through the Collector referred to in sub-rule (1) a statement of accounts of the trust, duly audited under section 33 of the Bombay Public Trusts Act, 1950, and certified to be a true copy of the accounts so audited by the person referred to in sub-section (2) of the said section 33, indicating clearly how the undertaking given by it has been fulfilled.

(5)If the statement of accounts is not submitted within the prescribed lime limit as required by sub-rule (4), or if the State Government is satisfied that undertaking given by it in Form XV has not been fulfilled, the State Government shall, after giving to the trustee a show cause notice, cancel the certificate given to it under sub-rule (3) and on such cancellation, the lands in respect of which the certificate was given, shall cease to be exempt from the provisions of the Act.

16. Manner of approval of regimental farms and stud farms under section 47(1).

- The person incharge of a regimental farm or a stud farm seeking approval of the State Government under clause (e) or (f) of sub-section (1) of section 47 in respect of lands held by the farm shall apply to the State Government through the Collector within whose jurisdiction all or major portion of the lands in the farm are situate. The application shall be accompanied by -(i)a list of lands in the farm,(ii)a certified copy of extract of Record of Rights relating to each lands.

(2)The application shall contain the following particulars, that is to say, -

(a)in case of an application for approval of a stud farm -

(i)the number of animals maintained on the farm during the three years immediately preceding the year of application;

(ii)the area of land under fodder crops and the total quantity of fodder produced therein during each of such three preceding years;

(iii)the total quantity of fodder required by the animals on the farm;

(iv)whether the land in the farm or any portion thereof is used for a purpose other than that a stud farm;

(b)in case of an application for approval of a regimental farm :-

(i)the name of the owner of the lands in the farm;

(ii)the name of the person managing the farm; and

(iii)how the produce from the farm is utilised.

(3)The approval of the State Government shall be notified in the Official Gazette.

16A. [ Manner of approval of dairy farms under section 47(1)(ff). [Inserted by G. N. of 11.6.1965.]

(1)The person in charge of a dairy farm seeking approval of the State Government under clause (ff) of sub-section (1) of section 47 in respect of lands held by the farm on the 27th day of November, 1964, shall apply to the State Government through the Collector within whose jurisdiction all or major portion of such lands are situated. The application shall be accompanied by -

(i)a list of lands which were held by the farm on the 27th day of November, 1964;

(ii)a list of lands which are held by the farm at the time of submission of the application;

(iii)a certified copy of extract of the Record of Rights relating to each land referred to in the above list.

(2)The application shall contain the following particulars, that is to say, -

(i)the number of animals maintained on the farm during the three years immediately preceding the year of application;

(ii)the area of land under fodder crops and the total quantity of fodder produced therein during the each of such three preceding years;

(iii)the total quantity of fodder required by the animals on the farm;

(iv)whether the lands comprised in the farm or any portion thereof is used for a purpose other than that of dairy farming; and

(v)how the produce from the farm is utilised.

(3)Where any dairy farm is approved by the State Government the fact about such approval shall be notified in the Official Gazette.]

17. Procedure for notifying land under section 47(1)(k).

(1)An industrial undertaking seeking exemption from the provisions of the Act in respect of the land held by it or to be acquired by it, shall make an application in writing to the State Government through the Collector within whose jurisdiction all or major portion of the land held by it or to be acquired by it are situate.

(2)The application shall contain the following particulars, that is to say, -

(i)the industrial operations carried on by the undertaking or proposed to be carried on by it;

(ii)the survey number, hissa number, area and assessment of the land, which is sought to be notified under clause (k) of sub-section (1) of section 47;

(iii)the survey number, hissa number, area and assessment of all lands already in possession of the undertaking as well as of those in possession of its subsidiary or associated concerns in the State, the manner in which the land was acquired that is to say, whether by purchase, lease or compulsory acquisition under the Land Acquisition Act, 1894, and the purpose for which the land is utilised, giving details under the following heads

(a)for purpose of buildings;

(b)for office;

(c)for godown;

(d)for other ancillary purposes;

(e)for road or railway siding;

(f)for open space;

(g)for expansion needs;

(h)for housing;

(i)for effluent discharge;

(j)for any other purpose.

(3)Where the application is made for notifying land to be acquired by the industrial undertaking, the application shall [in addition to the particulars specified in sub-rule (2)], contain the following particulars, that is to say, -

(a)the details of land intended to be acquired by the undertaking, the manner in which it will be acquired and the purpose for which the land will be utilised giving details as contained in clause (iii) of sub-rule (2);

(b)if the need for land has arisen due to shifting of the undertaking from the City of Bombay, the relevant particulars of the existing undertaking and its location;

(c)if the applicant industrial undertaking is an undertaking to which the Industrial (Development and Regulation) Act, 1951, applies, then -

(i)a true copy of any licence issued by the Central Government to the undertaking under the said Act; or

(ii)where a licence has not been issued and the application is pending a true copy of the application made by the undertaking to the Central Government together with a true copy of the letter of the Central Government conveying preliminary approval to the scheme;

(d)if the applicant industrial undertaking is an undertaking to which the Industrial (Development and Regulation) Act, 1951, does not apply, then, the details of the progress made in the execution of the proposed scheme, that is to say, procurement of machinery, raw materials and the like;

(e)if the area to be acquired is within the limits of any Municipality, whether the Municipality has given necessary building permission;

(f)if the land is being acquired otherwise than under the Land Acquisition Act, 1894, the name and address of the person from whom the land is to be acquired.

(4)The application shall be accompanied by layout plants showing clearly the area presently occupied, the existing structures thereon, and the buildings proposed to be erected by the undertaking.

(5)The Collector shall forward the application to the State Government alongwith his remarks.

(6)The State Government on being satisfied, after making such inquiry as it deems fit, that the land held or to be acquired by the industrial undertaking is for bona fide industrial or other non-agricultural use, may notify the land in the Official Gazette.

18. Manner of publicity of order under section 47(2).

- The State Government shall publish an order made by it under the proviso to sub-section (2) of section 47 in the Official Gazette and send a copy thereof to the industrial undertaking holding or acquiring land in respect of which the said order is issued.Form I[See rule 4(1)(a)]Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by a person who has during the period from 4th August, 1959 to the appointed day (i.e., 26th January, 1962) (both days excluded) held any land in excess of the ceiling areaI. Details regarding the holder and members of his familyName of the holder.............................Place of residence.............Village.................Taluka/Tahsil...........District......

Name of member of holder's family	Relationship with holder	Whether the member is joint in estate orpossession or residence	Whether the member holds any land separately inhis own name
1. ...........................	...........................	...........................	...........................
2. ...........................	...........................	...........................	...........................
3. ...........................	...........................	...........................	...........................
4. ...........................	...........................	...........................	...........................
5. ...........................	...........................	...........................	...........................

II. Details of land held by the holder during the period from 4th August, 1959 to the date of submission of this return

Serial No.	District	Tahsil or Taluka	Village	Survey number and Hissa number	Area	Assessment	Area of land falling under
Sub-clause (a) of clause (5) of section 2	Sub-clause (b) of clause (5) of section 2	Sub-clause (c) of clause (5) of section 2	Sub-clause (d) of clause (5) of section 2
1	2	3	4	5	6	7	8	9	10	11
					A. g.	Rs. P.	A. g.	A. g.	A. g.	A. g.

Whether the land is exempt from the provisions ofthe Act under section 47 and if so, on what ground	Whether the land is used as grazing land	Whether the land is continuously in actualpossession of the holder from 4th August, 1959 to date	If not	In what capacity is/was the land held (i.e.,whether as occupant, tenure-holder,, mortgagee in possession,holder for maintenance or as tenant)
Whether the land is now in actual possession ofthe holder and if so, how, from whom and since when the land cameinto possession of the holder	Whether the land is now not in actual possessionof the holder and if so, how, to whom and since when the land wastransferred
12	13	14	15	16	17

If the land is/was held as tenant	If the land is/was held otherwise than as tenant,whether any proceedings for possession of the land is pendingbefore any Court or tribunal or authority under any law and ifso, the case number and other details of such proceedings	Whether there are any encumbrances on the land,and if so, the details thereof
Name and address of landlord	Whether the landlord's right to resume land forpersonal cultivation subsists	Whether the landlord has filed any proceedingsunder Tenancy Act for resumption or possession of the land and ifso, the authority before whom the case is pending and the numberof the case
18	19	20	21	22

I, Shri............................................... resident of..............................................do hereby solemnly declare that the above statement contains to the best of my knowledge and belief correct and complete information in respect of all the lands held by me/my family. I further declare that no land held by me/my family has been left out.Signature of holder of surplus land or of hisguardian or authorised agent on his behalf.Note. - (1) If the reply to column 12 is in the affirmative, the remaining column 13 to 22 need not be filled in respect of such land.

(2)If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to penalty in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.Form II[See rule 4(1)(b)]Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 by a person, who on or after the appointed day (i.e. 26th January, 1962) acquires, holds, or conies into possession of any land in excess of the ceiling area [or whose land is converted into another class of land as a result of the expiry of the period or the date specified in clause (5) of section 2] [Added by G. N.of 24.2.1964.]I. Details regarding the holder and the members of his familyName of holder....................... Place of residence............Village..............Taluka/Tahsil...............District..........

Name of member of holder's family	Relationship with the holder	Whether the member is joint in estate orpossession or residence	Whether the member holds any land separate inhis name
1. ...........................	...........................	...........................	...........................
2. ...........................	...........................	...........................	...........................
3. ...........................	...........................	...........................	...........................
4. ...........................	...........................	...........................	...........................
5. ...........................	...........................	...........................	...........................

II. Details of land held by the holder on the date on the date of submission of this return

Serial No.	District	Tahsil or Village	Taluka	Survey number and Hissa number	Area	Assessment	Area of land falling under
Sub-clause (a) of clause (5) of section 2	Sub-clause (b) of clause (5) of section 2	Sub-clause (c) of clause (5) of section 2	Sub-clause (d) of clause (5) of section 2
1	2	3	4	5	6	7	8	9	10	11
					A. g.	Rs. P.	A. g.	A. g.	A. g.	A. g.

Did the land change classification as a result ofexpiry of the period specified in section 2(5)(b)(ii) or theexplanation to section 2(5)(d)	If so, from which column to which column	Whether the land is exempt from the provisions ofthe Act under section 47 and if so, on what ground	Whether the land is used as grazing land	Whether the land was acquired or came intopossession of the holder after the appointed day (i.e. 26thJanuary, 1962)	Is so, whether as a result thereof, the holdingof the holder exceeded the ceiling area	If so, in what manner the land was acquires orcame into possession of the holder (i.e. by sale, gift lease,partition, court decree, devolution, etc.)
12	13	14	15	16	17	18

In what capacity is the land held (i.e., whetheras occupant, tenure-holder,, mortgagee in possession, holder formaintenance or as tenant)	If the land is/was held as tenant	If the land is/was held otherwise than as tenant,whether any proceedings for possession of the land is pendingbefore any Court or tribunal or authority under any law and ifso, the case number and other details of such proceedings	Whether there are any encumbrances on the land,and if so, the details thereof
Name and address of landlord	Whether the landlord's right to resume land forpersonal cultivation subsists	Whether the landlord has filed any proceedingsunder Tenancy Act for resumption or possession of the land and ifso, the authority before whom the case is pending and the numberof the case
19	20	21	22	23	24

I, Shri............................................., resident of .........................................., do hereby solemnly declare that the above statement contains to the best of my knowledge and belief correct and complete information in respect of all the lands held by me/my family. I further declare that no land held by me/my family has been left out..........................................................Signature of holder of surplus land or of hisguardian or authorised agent on his behalf.Note. - (1) If the reply to column 14 is in the affirmative, the remaining columns 15 to 24 need not be filled in, respect of such land.

(2)If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to a penally in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.Form III[See rule 4(1)(c))Form of return to be furnished under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by a person whose land is converted into another class of land as a result of irrigation from a source constructed by GovernmentI. Details regarding the holder and the members of his familyName of holder.....................Place of residence...............Village.............Taluka/Tahsil..............District

Name of member of holder's family	Relationship with the holder	Whether the member is joint in estate orpossession or residence	Whether the member holds any land separately inhis own name
1. ...........................	...........................	...........................	...........................
2. ...........................	...........................	...........................	...........................
3. ...........................	...........................	...........................	...........................
4. ...........................	...........................	...........................	...........................
5. ...........................	...........................	...........................	...........................

II. Details of land held by the holder, during the period from the date notified under section 12(2)(iii) to the date of submission of this return

Serial No.	District	Tahsil or Taluka	Village	Survey number and Hissa number	Area	Assessment	Area of land falling under
Sub-clause (a) of clause (5) of section 2	Sub-clause (b) of clause (5) of section 2	Sub-clause (c) of clause (5) of section 2	Sub-clause (d) of clause (5) of section 2
1	2	3	4	5	6	7	8	9	10	11
					A. g.	Rs. P.	A. g.	A. g.	A. g.	A. g.

Did the land change classification as a result ofirrigation from a source constructed by Government	If so, from which column to which column	Whether the land is exempt from the provisions ofthe Act under section 47 and if so, on what ground	Whether the land is used as grazing land	Whether the land is continuously in actualpossession of the holder from the date notified under section12(2)(iii)	Whether the land is now in actual possession ofthe holder, and if so, how, from whom and since when the landcame into possession of the holder	Whether the land is now not in actual possessionof the holder, and if so, how, to whom and since when the landwas transferred
12	13	14	15	16	17	18

In what capacity is the land held (i.e., whetheras occupant, tenure-holder,, mortgagee in possession, holder formaintenance or as tenant)	If the land is/was held as tenant	If the land is/was held otherwise than as tenant,whether any proceedings for possession of the land is pendingbefore any Court or tribunal or authority under any law and ifso, the case number and other details of such proceedings	Whether there are any encumbrances on the land,and if so, the details thereof
Name and address of landlord	Whether the landlord's right to resume land forpersonal cultivation subsists	Whether the landlord has filed any proceedingsunder Tenancy Act for resumption or possession of the land and ifso, the authority before whom the case is pending and the numberof the case
19	20	21	22	23	24

I, Shri................................................ resident of.............................. do hereby solemnly declare that the above statement contains to the best of my knowledge and belief correct and complete information in respect of all the lands held by me/my family. I further declare that no land held by me/my family has been left out.Signature of the holder of surplus land or of hisguardian or authorised agent on his behalf.Note. - (1) If the reply to column 14 is in the affirmative, the remaining columns 15 to 24 need to be filled in, in respect of such land.

(2)If this return is not furnished to the Collector within the prescribed time or if it contains false information, the person furnishing the return is liable to a penalty in the former case upto one hundred rupees, and in the latter case, upto five hundred rupees, under section 13.Form IV[See rule 5(1)]Public notice under sub-section (1) of section 17 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961Whereas an inquiry is to be held under section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, in respect of the holding of Shri ............ (hereinafter referred to as the said holder) situate in the ......... village(s) in the .......... district comprising of lands specified in the Schedule hereto, to ascertain the surplus land (if any), held by the said holder;Now, therefore, I hereby call upon the said holder and all persons interested in the said lands to submit to me in writing within one months from the date of publication of this notice (that is, on or before .........) their objections, if any, in the matter.

Schedule

District	Taluka or Tahsil	Village	Survey number and Hissa number	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

No.Date ..........Place .........Collector of ........Form V[See rule 5(2)]Notice under sub-section (2) of section 17 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961Whereas an inquiry is to be held at ............. on .................. in my office/camp at..........under section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, in respect of the holding of Shri .......... (hereinafter referred to as the said holder) situate in the .......... village(s) comprising of lands specified in the Schedule hereto to ascertain the surplus land (if any), held by the said holder;And whereas a public notice as required by sub-section (2) of section 17 of the said Act in respect of the proposed inquiry has been published on ..............;Now, therefore, I hereby call upon you -

(i)to state your objections, if any, in the matter;

(ii)to state any objections or suggestions to the particulars of lands specified in the Schedule;

(iii)to show cause why the land mentioned at Serial Number ........ in the said Schedule which is transferred/partitioned in contravention of the provisions of section 8 of the said Act should not be taken into consideration in calculating the ceiling area as provided in sub-section (1) of section 10 of the said Act;

(iv)to show cause why the land mentioned at Serial Number ......... in the Schedule which is transferred/partitioned during the period from 4th August, 1959 to the appointed day (i.e. 26th January, 1962) should not be taken into consideration in calculating the ceiling area as provided in subsection (1) of the said Act;

(v)to show cause why your right, title and interest in the land mentioning at Serial Number ................................. in the Schedule which is

acquired in contravention of section 9 of the said Act,obtained by collusive proceedings in the Court of .............................

should not be forfeited, as provided by sub-section (3) of section 10 of the said Act;

(vi)to show cause why on account of your failure to furnish

a returna true and correct return complete in all particulars

in compliance with the order issued to you by the Collector under subsection (2) of section 13 of the said Act, your right, title and interest in the land held by you in excess of the ceiling area should not be forfeited as provided in sub-section (2) of section 13 of the said Act;

(vii)to show cause why the land mentioned at Serial Number .............. in the said Schedule which is possessed/acquired by you on or after the appointed day (i.e. 26th January, 1962) by testamentary disposition/devolution on death/operation of law/execution of a decree or order of a Court, Tribunal or authority/and as a result thereof your holding has exceeded the ceiling area, should not, to the except it is in excess of the ceiling area, be deemed to be surplus land;

(viii)to show cause why the land to the extent it has become in excess of the ceiling areas as a result of irrigation from a source constructed by Government and the consequential change of classification of the land held by you, should not be deemed to be surplus land as provided in section 11 of the said Act;

(ix)to state whether any land held by you has been transferred or partitioned after the filing of the return under section 12, and if so, how, to whom and since when has it been transferred or partitioned and to show cause why the transfer or partition should not be ignored under section 8;

(x)to submit to me in writing your replies to the above points on or before

(xi)to select, subject to the provisions of section 16 of the said Act, land upto the ceiling area for being retained with you, and to furnish to me on or before ..... in the form (copy enclosed) prescribed under rule 6 of the Maharashtra Agriculture Lands (Ceiling on Holdings) Rules, 1962, the particulars of the land so selected by you; and

(xii)to appear before me personally or through an agent at the time and place mentioned above (that is to say, at ....... on ....... in my office/camp at....) for putting before me your say in the matters under inquiry. If you fail to appear before me at the appointed time and place, I shall presume that you have nothing to say in the matter and the inquiry will be proceeded with in your absence.

Schedule 2

District	Taluka or Tahsil	Village	Survey number and Hissa number	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

No.Date .........Place ........Collector of ..........Form VI(See rule 6)Particulars of land selected for retention under section 16 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, by the holder Shri...................................

					Area of land falling under
District	Taluka or tahsil	Survey number and Hissa number	Area	Assessment	Sub-clause (a) of clause (5) of section 2	Sub-clause (b) of clause (5) of section 2	Sub-clause (c) of clause (5) of section 2	Sub-clause (d) of clause (5) of section 2	Details of encumbrances if any, on the land	Reasons for retaining the land
1	2	3	4	5	6	7	8	9	10	11
			A. g.	Rs. nP.	A. g.	A. g.	A. g.	A. g.

Signature of holder of surplus land or of hisguardian or authorised agent on his behalfForm VII[See rule 7]NotificationWhereas an inquiry was held by me under section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, in respect of the holding of Shri ......... (hereinafter referred to as the said holder) to ascertain the surplus land held by him and to decide other related matters under the provisions of that Act;And whereas after hearing the said holder and other persons interested in his holding/or their authorised agents, and the evidence adduced, and after considering the matters referred to in section 18 of the said Act, I ........... have, as required by section 21 of the said Act, made a declaration bearing No. .......... on ........;[Now, therefore, in exercise of the powers conferred by sub-section (2) of section 21 of the said Act, I .............., Collector of.......... hereby notify for the information of all concerned that the lands specified in Schedule hereto are declared to be surplus land under the provisions of the said Act, and that the right, title and interest of the said holder in the land specified at Serial Nos. ....... in the said Schedule are forfeited to the State Government.] [Substituted by G.N. of 24.2.1964.]

2. Notice is hereby given to all concerned that under sub-section (2) of section 21 of the said Act, any 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) of the lands specified in the said Schedule [* * *] [Deleted by G. N. of 4.3.1964.] made on or after the date of publication of this notification in the Official Gazette, shall be invalid, and of no effect.

[Schedule] [Substituted by G.N. of 24.2.1964.]Details of lands which are declared to be surplus lands

Serial No.	District	Taluka or Tahsil	Village	Survey number and Hissa number	Area	Assessment	Classification of land	Name of holder
1	2	3	4	5	6	7	8	9
1.2.3.					A. g.	Rs. nP.

Form VIII[See rule 8]Public notice under rule 8 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962Whereas the land specified in the Schedule appended hereto from the holding of Shri ......... has been declared to be surplus land under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, and has been notified under Notification No. ........, dated ............, issued by the Collector of .................... under sub-section (2) of section 21 of the said Act;And whereas the Collector of ......... has authorised me under rule 8 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962, to take over possession of the said land from the person(s) in possession thereof;Now, therefore, I, ..................................................................................(Here state name of authorised officer)hereby inform the persons in possession of the said land all other persons who may be interested in the said land that I shall take over possession of the said land on ...... at after making a panchanama of the following matters in respect of the said land, that is to say,-

(a)whether the land or any part thereof was not cultivated for, a continuous period of three years immediately before the appointed day;

(b)whether the land or any part thereof is used as grazing land;

(c)whether there are any standing crops on the land; and if so, the estimated cost of cultivation of such crop;

(d)whether there is any well in the land and if so, during which seasons it is used for irrigation, and what is the extent of land irrigated by it;

(e)whether there are any structures or embankments constructed or permanent fixtures on the land;

(f)whether there are any trees standing on the land.

Further, I call upon the said person (s) to be present either personally or through an authorised agent on site at the appointed time. If any or all of them fail to be present at the appointed time, it shall be presumed that they have nothing to say in the matter, and the proceedings for taking over possession of the said land shall be proceeded with in their absence.

Schedule 3

District	Taluka or Tahsil	Village	Survey number and Hissa number	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

No. .......Date ..........Place .........Signature and designationof Authorised Officer.Form IX(See rule 9)Public notice under sub-section (1) of section 24 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961Whereas the land specified in the Schedule hereto from the holding of Shri ......... has been declared to be surplus land under the provisions of the Maharashtra

Agricultural Lands (Ceiling on Holdings) Act, 1961, and the possession of the said land has been taken over by the| Collector of...........................................Authorised Officer| on .........;

And whereas the said land vests in the State Government with effect from the aforesaid date;Now, therefore, I ......., the Collector of ....... hereby give notice that I shall hold an inquiry under section 25 of the said Act for deciding all claims for compensation in respect of the said land on ....... at ....... at ........ and call upon the holder of the said land and other persons interested therein (including persons who had any encumbrances lawfully subsisting on the said land on the date on which the land vested in the State Government) to appear before me either personally or by agent at the appointed time and place. Further I call upon each of them to submit to me in writing before ......... a statement showing the nature and the extent of his interest in the said land, the value of any structures, wells and embankments therein, any permanent fixture made and trees planted thereon in which he has any interest and the amount and particulars of his claims to compensation therefor. Such statement shall be signed by the person filing the statement or his agent. If any person fails to submit such statement within the aforesaid period it shall be presumed that he has no claim to compensation and if any person or his agent fails to appear before me at the appointed time of inquiry, it shall be presumed that he has nothing to say in the matter and the inquiry shall be proceeded with in his absence.

Schedule 4

District	Taluka or Tahsil	Village	Survey number and Hissa number	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

No. ..........Date .........Place ........Collector of........Form X[See rule 10(1)]Public notice under rule 10(1) of Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962Whereas the land situated in village .......... Tahsil/Taluka ...... District ....... and particularly described in the list appended hereto having been declared as surplus lands under section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and vested in the State Government under sub-section (4) of the said section 21 are available for distribution;And whereas the aforesaid lands are to be allotted to persons and bodies in the order of priority laid down in sub-sections (2) to (5) of section 27 of the said Act, that is to say,-

(1)persons who previously held any land as tenant from the holder of surplus land who have been rendered landless as a result of resumption of the land for personal cultivation under any tenancy law by such holder;

(2)in the case of lands at Serial Nos. ......... of the said list which are situated in the area notified in Government Notification, Revenue Department, No. ........, dated ......... and benefited by .......... Irrigation Project, the persons who have been rendered landless or whose holding is reduced to less than one-sixth of the ceiling area as a result of acquisition of their lands for the said project;

(3)persons who are rendered landless or whose holding is reduced to less than one-sixth of the ceiling area as a result of acquisition of their lands for any public purpose;

(4)persons residing in the villages of .......... (being the village where the land available for distribution is situated or within five miles thereof) who previously held any land as tenant and who have been rendered landless as a result of resumption of land by their landlords for personal cultivation under any tenancy law;

(5)[ serving members of the armed forces, and ex-servicemen; [Substituted by G. N. of 11.6.1965.]

(6)a joint farming society or a farming society, the members of which answer to any of the following descriptions, namely :-

(i)serving members of the armed forces,

(ii)ex-servicemen,

(iii)agricultural labourers;

(iv)landless persons, or

(v)small holders :

Provided that, the majority of members of such society are serving members of the armed forces or ex-servicemen;

(7)a joint farming society, the members of which answer to the one or more of the following descriptions, namely :-

(i)agricultural labourers, or

(ii)landless person, or

(iii)small holder;

(8)a farming society, the members of which answer to the one or more of the following descriptions, namely

(i)agricultural labourer, or

(ii)landless person, or

(iii)small holder;

(9)agricultural labourers;

(10)landless persons;

(11)small holders.Explanation. - For purposes of this notice, -

(a)a serving member of the armed forces means a serving member of the armed forces of the Union,

(b)an ex-servicemen means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion, or who has not been arrested),

whose gross annual income for the year immediately preceding the month in which surplus land is granted under this section does not exceed Rs. 2,400.]Now, therefore, all persons interested in the said surplus lands and who are eligible for grant of land under the said section 27 are hereby called upon to submit to the undersigned within one month from the date of publication of this notice applications for grant of land in Form XI prescribed under sub-rule (1) of rule 10 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962. (Copies of Form can be had from the Talathi/Patwari of the village or office of the Village Panchayat or from the Taluka/Tahsil Office.

List of surplus lands from village ...................| TahsilTaluka| ..............

*Lot No. .............* Note. - Lot No. should be given where surplus lands in the same village are being disposed of in different lots.

Serial No.	Survey number and Hissa number	Area	Assessment	Name of the field if any	Classification of land	Name of the holder of surplus land and name ofthe landlord where the land is held by the surplus landholder astenant	Other details, i.e. trees or structures, etc.standing in the land
1	2	3	4	5	6	7	8
		A. g.	Rs. nP.

No. ......Date ........Place .......

CollectorAuthorised Officer ..........

Form XI[See rule 10(1)]Dated ........... 19..........To,

The| Collector ofAuthorised Officer

Subject. - Surplus land in Lot No. ...............Application for grant of -Sir,

I, Shri........................................Shri..............................Chairman of.............Society

residing at ................. Village ............. Taluka/Tahsil .............................. District, hereby apply for allotment of the surplus lands described below which are included in the list of surplus lands bearing Lot No. ......... notified in Public Notice No. ...... dated ........ 19 ....

Serial number in the list of surplus land	Survey number and Hissa number	Name of the field, if any	Area	Assessment	Name of the holder of surplus land
1	2	3	4	5	6
			A. g.	Rs. nP.

I have also applied at you for grant of following surplus land which were included in the list of surplus land bearing Lot No. ........ notified in Public Notice, No. ...... dated ....... 19 ....I have not applied to you for grant of any other surplus land included in any other list of surplus lands.I have been allotted the following surplus lands which were included in the list of surplus land bearing Lot No. ....... notified in Public Notice No. ......... dated ..................... 19 ........

Lot number of the list of surplus land	Serial number of lands applied for	Area	Assessment	Name of the holder of surplus lands
1	2	3	4	5
		A. g.	Rs. nP.

I doThe society does| not hold any land at present.

I am an ex-servicemen and in support thereof, I enclose............................................

District	Taluka/Tahsil	Village	Survey number and Hissa number	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

Area of land failing under	Capacity which land is held (as owner or tenant,etc.)
Sub clause (a) of clause (5) of section 2	Sub clause (b) of clause (5) of section 2	Sub clause (c) of clause (5) of section 2	Sub clause (d) of clause (5) of section 2
7	8	9	10	11

I held the following lands from landlord Shri ............ but he resumed them from me for personal cultivation under order No............dated.........passed by

Tahsildar/Mamlatdar/MahalkariMaharashtra Revenue Tribunal| Collector of...........................................and as a result thereof I was rendered landless. A copy of the said order is enclosed.

I held the following lands but they have been acquired by Government for an| irrigation project, namely.........a public purpose, namely ............

Taluka/Tahsil	Village	Survey number and Hissa number	Name of field, if any	Area	Assessment
1	2	3	4	5	6
				A.	g.	Rs.	nP.

A list of members of the said ............ society together with the details of land, if any, held by each is enclosed in the following form :-

Name of member	Status (i.e. whether agricultural labourer orsmall holder or landless person)	Details of land, if any, held by the member
Taluka/Tahsil	Village	Survey No. and Hissa No.	Area	Assessment
1	2	3	4	5	6	7
				A. g.	Rs. nP.

Area of land falling under
Sub-clause (a) of clause (5) of section 2	Sub-clause (b) of clause (5) of section 2	Sub-clause (c) of clause (5) of section 2	Sub-clause (d) of clause (5) of section 2
8	9	10	11

Yours faithfully,Signature of applicantForm XII[See rule 10(3) and 10(5)]

ProvisionalFinal| statement of surplus land from village........................

TahsilTaluka| Lot No. .........

Part I – {|

(5)arranged in order of priority provided in section 27| Order of priority of the applicant. [Here mentiononly the Serial No. of the entry applicable to the applicant inthe order of priority as given in the public notice issued underrule 10(1)]|-| 1| 2| 3| 4| 5| 6| 7|-|| A. g.| Rs. P.|| A. g.|||}

Part II – Details of land for which no application is received

Survey number and Hissa number	Area	Assessment	Serial number of the entry in the list publishedunder rule 10(1) of Maharashtra Agricultural Lands (Ceiling onHoldings) Rules, 1962	Name of the holder of surplus land
1	2	3	4	5
	A. g.	Rs. nP.

No. ..........Date ........Place .......

Collector ofAuthorised Officer

Form XIII[See rule 10(3)]Public Notice under sub-rule (3) of rule 10 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962The provisional statement of surplus land appended hereto is hereby published for the information of all persons concerned; and they are hereby informed that they may furnish to the undersigned within one month from the date of publication of this notice their objections, if any, to the particulars given in the said statement and also application for grant of any of the lands shown in Part II of the said statement if any person who is eligible for such grant desires to obtain the said land.(Provisional statement of surplus land in Form XII)No. ..........Date ........Place .......

Collector ofAuthorised Officer

Form XIV[See rule 11(1)]Public Notice under sub-rule (1) of rule 11 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962The final statement of surplus land appended hereto is hereby published for the information of all persons concerned as required by sub-rule (1) of rule 11 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962; and they are hereby informed that the undersigned will hold proceedings for allotment of the lands under sub-rule (2) of the said rule 11 on ....... day of ...... 19 ........ at ........... at.............(Final statement of surplus land in Form XII)No. ..........Date ........Place .......

Collector ofAuthorised Officer

[Form XIV-A] [Inserted by G. N. of 24.2.1964.](See rule 12-A)Certificate of Grant of Rights in Land for Agricultural PurposesCertificate No. ..........................It is hereby certified that Shri............................................ has been granted under section 27 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as "the said Act") Bhumiswami rights for agricultural purposes in the land specified in the Schedule hereto (hereinafter referred to as "the said land").

2. The said land shall be held by the grantee and his heirs and assigns subject to the provisions of the Madhya Pradesh Land Revenue Code, 1954, the rules made thereunder, and the following conditions, that is to say, -

(1)The grantee shall pay to the Government occupancy price as will be determined under sub-section (9) of section 27 of the said Act, in respect of the said land and in the manner provided in that section, together with interest, if any, payable thereunder;

(2)The grantee shall be liable to pay full assessment of the land;

(3)The grantee shall cultivate the said land personally;

(4)The grantee shall not without the previous sanction of the Collector as provided by section 29 of the said Act -

(i)transfer the said land whether by way of sale or gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government of a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961, for raising a loan for effecting any improvement of such land); or

(ii)divide the said land, whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

If the grantee commits breach of any of the aforesaid conditions he shall be liable without prejudice to any other penalties that he may incur under the Madhya Pradesh Land Revenue Code, 1954, or sub-section (3) of section 29 of the said Act, and the rules made thereunder, to have the said land forfeited by the Collector, and he shall not be entitled to claim compensation for anything done or executed by him in respect of the said land.

Schedule 5

Name of the tahsil and Village	Survey No. and Sub-Division No. of Khasra No.	Area	Assessment
(1)	(2)	(3)	(4)
		A.	g.	Rs.	nP.

Dated ..........................Collector or Authorised Officer.Form XIV-B(See rule 12-A)Form of Agreement to be passed by Persons to whom Land is granted in Occupancy RightTo,The Collector of.................................................I, Shri ......................................... inhabitant of ........................... in the.............................Tahsil of.........................District hereby accept the right of occupation of the land specified in the Schedule hereto (hereinafter referred to as "the said land") and I pray that my name be entered in the Government records as the occupant of the said land.The said land has been granted to me in perpetuity, from the.........................day of ...................... 19 .......... , under section 27 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as "the said Act"), subject to the provisions of the Hyderabad Land Revenue Act, 1317-Fasli, and of the rules in force thereunder and to the conditions hereinbelow mentioned, to which I hereby assent, that is to say -

(1)I, my heirs, assigns and legal representatives shall -

(i)pay the land revenue from time to time, lawfully due in respect of the said land;

(ii)pay to the Government occupancy price as will be determined under sub-section (9) of section 27 of the said Act in respect of the said land and in the manner provided in that section, together with interest, if any, payable thereunder;

(iii)cultivate the said land personally.

(2)I, my heirs, assigns and legal representatives shall not without the previous sanction of the Collector under section 29 of the said Act -

(i)transfer the said land whether by way of sale or by way of gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government or a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961 for raising a loan for effecting any improvement of such land); or

(ii)divide the said land whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

If I commit breach of any of the aforesaid conditions I shall be liable without prejudice to any other penalties that I may incur under the Hyderabad Land Revenue Act, 1317-Fasli, or sub-section (3) of section 29 of the said Act, and the rules made thereunder, to have the said land forfeited by the Collector, and I shall not be entitled to claim compensation for anything done or executed by me in respect of the said land.

Schedule 6

Taluka	Village	Survey No. and Hissa No.	Area	Assessment
(1)	(2)	(3)	(4)	(5)
			A. g.	Rs. nP.

Dated the ..................... day of ................. 19 ............ at .................. Written by ........................................................(Signature of grantee)We declare that Shri.........................................................., who has signed this agreement is to our personal knowledge the person he represents, himself to be, and that he has affixed his signature hereto in our presence...............................................................................................(Signature of two witnesses)We declare that, to the best of our knowledge and from the best information which we have been able after careful enquiry to obtain, the person who has passed this agreement is a fit person to be accepted by Government as responsible for the punctual payment of the land revenue from time to time due on the above land.............................................................................(Signatures of Patil or Sarpanch and Talathi)Form XIV-C(See rule 12-A)Form of Agreement to be passed by Persons to whom Land is granted in Occupancy RightTo,The Collector of.................................................I, Shri............................................. inhabitant of ..................... in the ......................................... Taluka of ................... District, hereby accept the right of occupation of the land specified in the schedule hereto (hereinafter referred to as the said land) and I pray that my name be entered in the Government records as the occupant of the said land.The said land has been granted to me in perpetuity from the..........................day of ....................... 19 ........, under section 27 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as "the said Act"), subject to the provisions of the Bombay Land Revenue Code, 1879, and of the rules in force thereunder and to the conditions hereinbelow mentioned, to which I hereby assent, that is to say -

(1)I, my heirs, assigns and legal representatives shall -

(i)pay the land revenue from time to time, lawfully due in respect of the said land;

(iii)cultivate the said land personally.

(2)I, my heirs, assigns and legal representatives shall not without the previous sanction of the Collector under section 29 of the said Act -

(i)transfer the said land whether by way of sale or by way of gift, mortgage, exchange, lease or otherwise (excluding, however, a mortgage in favour of the State Government or a society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1961, for raising a loan for effecting any improvement of such land);

(ii)divide the said land whether by partition or otherwise and whether by a decree or order of a Civil Court or any other competent authority.

If I commit breach of any of the aforesaid conditions I shall be liable without prejudice to any other penalties that I may incur under the said Code or sub-section (3) of section 29 of the said Act, and the rules made thereunder, to have the said land forfeited by the Collector, and I shall not be entitled to claim compensation for anything done or executed by me in respect of the said land.

Schedule 7

Taluka	Village	Survey No. and Hissa No.	Area	Assessment
(1)	(2)	(3)	(4)	(5)
			A. g.	Rs. nP.

Dated the ......................, day of .................... 19 ....... at Written by ..........................................................................................(Signature of grantee)We, declare that Shri ..........................................................., who has signed this agreement is to our personal knowledge the person he represents, himself to be, and that he has affixed his signature hereto in our presence...............................................................................................(Signature of two witnesses)We declare that, to the best of our knowledge and from the best information which we have been able after careful enquiry to obtain, the person who has passed this agreement is a fit person to be accepted by Government as responsible for the punctual payment of the land revenue from time to time due on the above land....................................................................(Signatures of Patil or Sarpanch and Talathi).Form XV(See rule 15)Undertaking to be given by a Trust under clause (d) of sub-section (1) of section 47 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961Whereas the ............. Trust has been established for the purpose of .......... and holds land specified in the schedule hereto, and the major portion of the income therefrom is not appropriated for the purpose of education or medical relief;And whereas the said Trust desires the said land to be exempted from the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, under clause (d) of sub-section (1) of section 47 of the said Act;Now, therefore, we, that is Sarvashri ............... the trustees of the said Trust hereby give an undertaking that on the said Trust being given a certificate of exemption under sub-rule (3) of rule 15 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962, we shall take all necessary legal and other steps and ensure that the major portion of the income from the said land will, within a period of two years from the appointed day (that is the 26th day of January, 1962), be appropriated for the purpose of education/medical relief.Dated the .............. day of................

….......................................	…......................................
Signature of two witnesses	Signature of trustees

Schedule 8

Details of land held by the Trust

District	Taluka or Tahsil	Village	Survey No. and Hissa No.	Area	Assessment
(1)	(2)		(3)	(4)	(5)
				A. g.	Rs. nP.

Form XVI[See rule 15(3)]Certificate of exemption under section 47(1)(d) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961Whereas the trustees in charge of Trust have applied under sub-rule (1) of rule 15 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962, claiming exemption from the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, under clause (d) of sub-section (1) of section 47 of the said Act in respect of the lands specified in the Schedule hereto which are held by it;And whereas the Government of Maharashtra is satisfied that

the major portion of the income from the said lands is appropriated for the purpose of education /medical reliefthe said trust has given an undertaking as required by clause (d) of sub-section (1) of section 47 of the said Act;

Now, therefore, the Government of Maharashtra hereby certifies under sub-rule (3) of rule 15 of the said Rules that the lands specified in the said Schedule are exempt from the provisions of the said Act under clause (d) of sub-section (1) of section 47 of the said Act.

Schedule 9

District	Taluka or Tahsil	Village	Survey No. and Hissa No.	Area	Assessment
(1)	(2)		(3)	(4)	(5)
				A. g.	Rs. nP.

No........Date.......Place......

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