Section 4 in The Maharashtra Paragana and Kulkarni Watans (Abolition) Act, 1950
4. Holder of watan land to be occupant.
(1)A watan land resumed under the provisions of this Act shall [subject to the provisions of section 4A.] [These words, figure and letter were inserted by Bombay 50 of 1955, Section 4.] be regranted to the holder of the watan to which it appertained, on payment of the occupancy price equal to twelve times of the amount of the full assessment to such land within [five years] [These words were substituted for the words 'three years' by Bombay 29 of 1954, Section 2.] from the date of the coming into force of this Act and the holder shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder; all the provisions of the Code and rules relating to unalienated land shall, subject to the provisions of this Act, apply to the said land:Provided that in respect of the watan land which has not been assigned towards the emoluments of the officiator, occupancy price equal to six times of the amount of the full assessment of such land shall be paid by the holder of the land for its regrant:Provided further that if the holder fails to pay the occupancy price within the period of [five years] [These words were substituted for the words 'three years' by Bombay 29 of 1954, Section 2.] as provided in this section, he shall be deemed to be unauthorisedly occupying the land shall be liable to be summarily ejected in accordance with the provisions of the Code.(2)[ (a) On or after the commencement of the Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams "(Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (hereinafter, in this section, referred to as "the commencement date"), the occupancy of the land regranted under sub-section (1) may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other authority shall be necessary for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant on new and impartiable tenure (Occupant Class II) in accordance with the provisions of the Code:] [Sub-section (2) was substituted by Maharashtra 21 of 2002, Section 2, (w.e.f. 6-5-2002).](b)[ Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code: [Sub-para of sub-section (2) renumbered as (a) and clause (b) inserted by Maharashtra 19 of 2008, Section 2, (w.e.f. 9-5-2008).]Provided that, any such occupancy held on new and impartiable tenure (Occupant Class II) may, after the commencement date, be converted into old tenure (Occupant Class I) by the occupant, by making payment of fifty per cent, of the amount of the current market value of such land to the Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code:Provided further that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority, on payment of the appropriate amount as Nazarana, been transferred for non-agricultural use, such transfer of occupancy shall be deemed to have been made under the first proviso and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the date of such transfer:Provided also that, if on the commencement date, any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent, of the current market value of such land as Nazarana, been transferred for non-agricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent of the current market value of such land for non-agricultural use as Nazarana, and an amount equal to fifty per cent of such Nazarana as a fine, and on such payment, the occupant shall hold the land as an Occupant Class. I, in accordance with the provisions of the Code.](3)Nothing in [sub-sections (1) and (2)] [These words, brackets and figures were substituted for the words, brackets and figure 'sub-section (2)' by Bombay 38 of 1953, Section 3 and second Schedule.] shall apply to any land-(a)the commutation settlement in respect of which provides expressly that the land appertaining to the watan shall be alienable without the sanction of the State Government; or(b)which has been validly alienated with the sanction of the State Government under section 5 of the Watan Act.Explanation. - For the purposes of this section the expression "holder" shall include-(i)all persons who on the appointed day are the watandars of the same watan to which the land appertained, and(ii)in the case of a watan the commutation settlement in respect of which permits the transfer of the land appertaining thereto, a person in whom the ownership of such land for the time being vests.
