•Maharashtra Agricultural Lands(Ceiling on

Holdings) Act, 1961 and amended 1975

•The Bombay Tenancy And Agricultural Lands

Act, 1948

•The Maharashtra Restoration Of Land To

Scheduled Tribes Act 1974 ( repealed in 2004)

•Bombay Prevention Of Fragmentation &

Consolidation Of Holdings Act 1947
2
 Legislations of Agriculture Ceiling

 Maharashtra Agricultural Lands(Ceiling on

Holdings) Act, 1961 and amended 1975

 Maharashtra Agriculture Lands (Lowering of

Ceiling on Holdings) (Distribution of Surplus Land)
and (Amendment) Rules, 1975

3
 Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961

Objects :
Article 39 clause (b) & (c) of Constitution
1) To distribute the ownership and control of the
agricultural resources
2) That the operation of the agricultural economic
system does not result in the concentration of wealth
and means of agricultural production to the common
detriment.
4
TO ACHIEVE THESE OBJECTIVES THE
LAW FACILITATES
i. Acquisition of excess land
ii. Distribution of excess land in order
of priority
 Important Dates

Act Came into Force Retrospective Effect

From
I) 26/01/62 04//08/59 (First ceiling bill was
published)

II) Amended 19/09/75 26/09/70

The Ceiling area operates both prospectively and

retrospectively. The retrospective effect was however
limited to the dates as shown above.
6
 Sec 2 Important Definitions

1 “agriculture” includes—
(a.) horticulture,
(b.) the raising of crops, grass or garden produce
(c.) the use by an agriculturist of land held by him, or part
thereof, for grazing,
(d.) the use of any land, whether or not an appanage to rice or
paddy land for the purpose of rab-manure,
(e.) dairy farming,
(f.) poultry farming,
(g.) breeding of live-stock

7
 Sec 2 Important Definitions
“class of land” means land falling under any one of the
following categories, that is to say
(a.) land with an assured supply of water for irrigation capable
of yielding at least two crops in a year, that is to say,—
(i.) land irrigated seasonally as well as perennially by flow
irrigation from any source constructed or maintained by the
State Government or by any Zilla Parishad or from any other
natural source of water; or
(ii.) land irrigated perenially by a Government owned and
managed lift from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any
other natural source of water;
8
 Sec 2 Important Definitions
(b.) land other than land falling in clause (c) which has no assured perennial
supply of water for irrigation, but has an assured supply of Water for only one
crop in a year, that is to say, land irrigated—
(i.) seasonally by flow irrigation from any source constructed or maintained
by the State Government or by Zilla Parishad or from any other natural
source of water; or
(ii.) perennially by a lift other than a lift referred to in item (ii) of clause(a)
from any source constructed or maintained by the State Government or by
any Zilla Parishad or from any other natural source of water; or
(iii.) perennially from a privately-owned well situated on land within the
irrigable command of any irrigation project, or in the bed of a river, stream or
natural collection of water or drainage channel (being a river, stream, natural
collection of water drainage channel which is a perennial source of water);

9
 Sec 2 Important Definitions
(c.) land irrigated seasonally by flow irrigation from any source
constructed or maintained, by the State Government or by any Zilla
Parishad or from any other natural source of water with unassured water
supply, what is, where supply is given under water sanctions, which are
temporary, or where such sanctions are regulated on the basis of
availability of water in the storage;

(d.) dry crop land, that is to say, land other than land falling under sub
clause(a), (b) or (c) of this clause situated, in the Bombay Suburban
District and Districts of Thana, Kolaba, Ratnagiri and Bhandara and in the
Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District
and which is under paddy cultivation for a continuous period of three
years immediately preceding the commencement date;

10
 Sec 2 Important Definitions
(e.) dry crop land, that is to say, land other than land falling under sub clause(a), (b), (c) or (d)
of this clause.
Explanation.— For the purposes of this clause,—
(1) land situated within the irrigable, command of an irrigation project, means all lands
which are irrigated or are capable of being irrigated from such project;

(2) land which is irrigated from any source of irrigation specified in sub- clause (a), (b) or (c)
and which was used for horticulture (other that the land used for growing of coconut, bananas,
guava or for vineyards) on or before the 26th day of September 1970 shall be deemed to be
land falling under sub- clause (e) until the 4th day of August 1979;

(3) land which is irrigated from any source of irrigation specified in sub- clause (b) shall not
be deemed to be land falling-under the said sub-clause (b) if the irrigation is provided by a
private lift irrigation work operated by diesel or electric power or operated by both methods
and constructed after the 15th day of August 1972;

11
 Important Provisions of Law
Sec 2(5) - Class of land / Categories of land for the
purpose of ceiling act. As per Schedule – I of the act
a) Assured supply of water for irrigation and 18 acre
capable of yielding at least two crops ( 7.28 H)

b) No assured personnel supply but has an 27 acre

assured supply of water for only one crop in a (10.92 H)
year.

c) Seasonal supply of irrigation water which is 36acre

given under water sanctions (14.56 H)

d) Dry crop land Bombay Suburban District and Districts of Thana, 36acre
Kolaba, Ratnagiri and Bhandara and in the Brahmapuri,
Gadchiroli and Sironcha Talukas of the Chandrapur District (14.56H)
e) Dry Crop Land in other districts not mentioned above 54 acre
(21.85 H)
12
 Determination /Calculation of Ceiling Area

Sec. 3(2)
Area of land held in any part of India shall be taken into
consideration .But only land held in this state be declared as
surplus.
Sec. 3(3)(ii)
If a person held land in co-op. society or jointly with others or
in a firm, the share of the person shall be taken to the extent of
land such person would hold in proportion of his share in co-
op. society or his share in the joint holding or his share as
partner in the firm.
13
 Determination /Calculation of Ceiling Area
Sec. 3(3)
Where any land -
a is held by a family of which a person is a member,
b. is held in or operated by a co-operative society of which a
person is a member, -
c. is held by a person jointly with others,
d. is held by a person as a partner in a firm,
and the holding of such person or of a family unit of which such
person is a member including the extent of share of such person if
any, in the land answering to any of the descriptions in clauses
(a), (b), (c) or (d) above exceeds the ceiling area on or before the
commencement date or on any date thereafter (hereafter referred
to as the relevant date),
14
 Sec 4- Land held by Family Unit
(1) All land held by each member of a family unit, whether
jointly or separately shall for the purposes of determining the
ceiling area of the family unit, be deemed to be held by the
family unit.
Explanation - A “family unit” means,
a. a person and his spouse (or more than one spouse) and their
minor sons and minor unmarried daughters, if any; or
b. where any spouse is dead, the surviving spouse or spouses
and the minor sons and minor unmarried daughters; or
c. where the spouses are dead, the minor sons and minor
unmarried daughters of such deceased spouses.

15
 Sec 4 -Land held by family unit
(2) For the purposes of this section, all declarations of dissolution
of marriage made by a Court after the 26th day of September
1970, and all dissolutions of marriage by custom, or duly made,
pronounced or declared on or after that date shall, for the purpose
of determining the ceiling area to be held by a family Unit, be
ignored; and accordingly, the land held by each spouse shall be
taken into consideration for that purpose, as if no dissolution had
taken place. But, if a proceeding for dissolution of marriage has
commenced before any Court before the aforesaid date, then the
dissolution of marriage shall have full effect (whether the
marriage is dissolved before or after that date), and shall be taken
into consideration in determining the ceiling area of a family unit.
16
 Section - 6

Family unit Total holding

consists of should not be
more than five more than twice
members the ceiling area
Each member
can hold
additional area
to the extent of
1/5 of ceiling
area
17
 Illustration
Conversion land holding to E Group from other Groups
1 A Class Land = area in acres *3
2 B Class Land = area in acres * 2
3 C Class Land = area in acres *1.5
4 D Class Land = area in acres *1.5

 Each member can hold additional area to the extent of 1/5 of ceiling area

 Total holding should not be more than twice the ceiling area

 Family unit consists of more than five members

 Suppose in Family unit consists of husband, wife , 2 minor sons and 3 minor
unmarried daughters , then family can hold additional 2/5 th of ceiling limit .
It means 54 acre + 21 acre 24 Gunthas = 75 acre & 24 Gunthas

18
8 restriction on transfer
9 restriction on acq in excess of ceiling area
10 consequence of transfer
11 restriction on Partition

19
Sec 8 restriction on transfer

Where a person, or as the case may be, a family

unit holds land in excess of the ceiling area on
or after the commencement date, such person,
or as the case may be, any member of the family
unit shall not, on and after that date, transfer any
land, until the land in excess of the ceiling area
is determined under this Act.

20
Sec 9 - restriction on acquisition in excess of ceiling area

No person or a member of a family unit shall at

any time, on or after the commencement date,
acquire by transfer any land if he, or as the case
may be, the family unit already holds land in
excess of the ceiling area or land which together
with any other, land already held by such
person, or as, the case may be, the family’ unit,
will exceed in the total the ceiling area.
21
Sec 10 - Consequences of certain transfers and acquisitions
of land
1) If
a. an person or, a member of a family unit, after the 26th day of
September1970 but before the commencement date, transfers any land in
anticipation of or in order to avoid or defeat the object of the Amending
Act, 1972, or
b. any land is transferred in contravention of section 8 then, in calculating
the ceiling area which that person, or as the case may be the family unit, is
entitled to hold, the land so transferred shall be taken into consideration
and the land exceeding the ceiling area so calculated shall be, deemed to
be in excess of the ceiling area for that holding, notwithstanding that the
land remaining with him or with the family unit may not in fact he in
excess of the ceiling area.

22
Sec 10 - Consequences of certain transfers and acquisitions
of land
2)If any land is possessed on or after the commencement date by a person, or as the case
may be, a family unit in excess of the ceiling area or if as a result of acquisition (by
testamentary disposition or devolution on death or by operation of law) of any land on or
after that date, the total area of land held by any person or as the case may be, a family
unit, exceeds the ceiling area, the land so in excess shall be surplus land.

3) Where land is acquired in wilful contravention of section 9, then as a penalty therefore,

the right, title and interest of the person, or as the case may be, the family unit or any
member thereof in the land so acquired or obtained shall, subject to the provisions of
Chapter IV, he forfeited, and shall vest without any further assurance in the State
Government:
Provided that, where such land is burdened with an encumbrance, the Collector
may, after holding such inquiry as he thinks fit and after hearing the holder and the person
in whose favour the encumbrance is made by him, direct that the right title and interest of
the holder in some other land of the holder equal in extent to the land acquired in willful
contravention of section 9, shall be forfeited to Government

23
Sec 11 restriction on Partition
Where any land held by a family is partitioned after the 26th day of
September 1970, the partition so made shall he deemed (unless the
contrary is proved) to have been made in anticipation of or in order to
avoid or defeat the object of the Amending Act, 1972, and shall
accordingly he ignored and any land covered by such partition shall, for
the purposes of this Act, he deemed to be the land held by the Family;
and the extent of share of each person in the land held by the family
shall be taken into consideration for calculating the ceiling area in
accordance with the provisions of section3.

Explanation.— For the purposes of this section, partition means any

division of land by act of parties made inter vivos, and includes also
partition made by a decree or order of a court, tribunal or authority.

24
 Submission of Returns
12 Submission of returns
i. After the commencement date- One month.
ii.Conversion of land from one group to another- Three months
13 Failure to submit return
14 Enquiry by collector
16 retention
17. Notice to persons affected by inquiry under section 14
18. Collector to consider certain matters
19. Power of Collector to restore land to landlord in certain cases
20. Manner of considering claim of landlord to land under section 19
21. Collector to make declaration regarding surplus land, etc. and consequences
thereof

21A Damages for use and occupation of surplus land.

25
 Compensations
22. Payment of compensation

23. Quantum of compensation

24. Collector to give notice calling upon interested persons to submit

claims to compensation.

25. Determination of compensation and apportionment thereof

26. Mode of payment of amount of compensation.

26
 Distribution of surplus land

27. Distribution of surplus land

27A. Power of Collector to grant land for public purposes, etc.

28. Special provision in respect of land taken over from industrial

undertaking to ensure efficient cultivation and continued supply of raw
material.

29. Restriction on transfer or division of land granted under section 28.

27
•Surplus land to be declared & choice of
retention is with the landlord
•SLDT to distribute surplus land in order of
priority

28
Sec. 47 (1) Exempted lands
The following lands shall be exempted from the provisions of this Act, that
is to say,—
a. land held by Government (including the Central Government, or any other
State Government) or land held by corporation (including a company)
owned or controlled by a State or the Union;
b. land belonging to, or held on lease from or by, a local authority, or a
University established by law in the State of Maharashtra, or agricultural
college or school or any institution doing research in agriculture approved by
the State Government;
c. land held by such regimental farms as may be approved by the State
Government in the manner prescribed;
d. lands leased by the Land Development Bank or the Central Co-operative
Bank or a Primary Co-operative Society before the 4th day of August 1959;
e. land held by a bank or a co-operative society as security for recovery of its
dues.
29
Sec. 47 (2) Exempted lands
Lands held by public trusts or Wakf before 26 Sept.
1970 for the purpose of education or medical relief or
both on following major terms and conditions.
i. The audit of the account of the said Trust shall not
remain in arrears for more than two years.
ii. The trust shall developed land and put it to use
within a period of 4 years.
iii. The trust shall undertake to plant 20 trees per
hector.
iv. The trust shall undertake programme of production
of good cattle in consultation with the Animal
Husbandry Dept. 30
 VIOLATIONS MADE BY
TRUSTS

i. Lands were sold by the trust.

ii. Returns u/s 12 of the act are not submitted.
iii. Audited accounts are not submitted
iv. Income is being used for purposes other
than exemption

31
 Sold the land
to
individuals/
Trust
companies
holding
Ceased to Returns
land
Land hold u/s 12 of
exempted
Acquired exempted the act not
u/s 47(2)
Not land submitted
of Agri.
ceiling Act Submitted
audit reports

Activities
Contrary to
Purpose 32
Amendment 19-10-2001 Rule 12
In rule 12 of the Maharashtra Agriculture Lands (Lowering of Ceiling on
• Holdings) (Distribution of Surplus Land) and (Amendment) Rules, 1975,-
• (a) after clause (d), the following clause shall be inserted, namely :“

• (d-l) if the holder is 65 and above years of age or is unable to cultivate the
land personally because of ill health and produces the certificate of the Civil
Surgeon to that effect.
(b) in clause (g), for the existing proviso, the following shall be substituted,
namely:
"Provided that, no sanction shall be accorded to any transfer of land
falling under clauses (a) and (b) unless the transferor agrees to pay to the
State Government an amount equal to 75 per cent of the unearned income
i.e.75 per cent. of the difference between current market value and the
occupancy price at which the land was originally granted to the applicant
and in case of transfer of land falling under clauses (c), (d) and (d-I) 50
per cent of the unearned income. "

33
Relevancy of the law in present situation
I. Large landless population
II. Schemes to distribute land to landless
a) Ceiling surplus land to landless
b) Dadasaheb Gaikwad Swabhiman Yojna.
c) Adivasi Sabalikaran Yojana
III.Lakhs of hectares of land was acquired and
distributed to landless people by executing the ceiling Act.

34
 RELEVANCY AS ON TODAY
•Prospective ceiling limit violation
•Permission to sell land distributed under the
act (held as occupant class 2, 75% & 50%
unearned income)
•Breach of conditions
•Land grant ,purchase under different acts
permission – holding as per ceiling act

35
36
 THE BOMBAY TENANCY AND
AGRICULTURAL LANDS ACT, 1948

Objects :
i. To improve economic, social conditions
of peasants.
ii. Full and efficient use of land for
agriculture.

37
 Important Provisions
Sec. 2(2)
“Agriculturist” : means a person who cultivates land
personally.
Sec. 2(5)
“To Cultivate” : with its grammatical and cognate
expressions means to till the land for the purpose of
raising or improving agricultural produce, whether by
manual labour or by means of cattle or machinery or to
carry on any agricultural operation there on and the
expression “Cultivated” shall be constructed
correspondingly.
38
 Important Provisions
Sec. 2(18)
“Tenant ” means a person who holds land on lease and
include –
a) person who is deemed to be a tenant under section 4
b) a person who is a protected tenant and
c) a person who is permanent tenant , and the word
“ Landlord” shall be construed accordingly
.

39
Sec. 2(16)
“To Cultivate Personally”: means to cultivate land on one’s own account
i. by one’s own labour or
ii. by the labour of any member of one’s family or
iii. under the personal supervision of oneself or any member of one’s family
by hired labour or by servants on wages payable in cash or kind but not in
crop share.
A person lawfully cultivating any land belonging to another person shall deemed to be tenant
if such land is not cultivated personally by the owner and if such person is not-
a. member of the owners family, or
b. a servant on wages payable in cash or kind but not in crop share or a hired
labourers cultivating the land under the supervision of the owner or any member of the
owner’s family, or
c. a mortgage in possession.

40
Sec. 32 (F)
“Right of tenant to purchase where landlord is minor
etc.”:
1) Notwithstanding anything contained in the preceding sections –
where the landlord is minor , or a widow, or a person subject to
any mental or physical disability , the tenant shall have the right
to purchase such land under section 32 within one year from the
expiry of the period during which such landlord is entitled to
terminate the tenancy under section 31 and for enabling the tenant
to exercise the right of purchase, the landlord shall send an
intimation to the tenant of the fact that he has attained majority,
before the expiry of period during which such landlord is entitled
to terminate the tenancy under section 31

41
Sec. 32 (G)
“Tribunal to issue notices and determine price of land to
be paid by tenants”:
As soon as may be after tillers day , the Tribunal shall publish or
cause to be published a public notice in he prescribed form in
each village within its jurisdiction calling upon-
a) all tenants who under section 32 are deemed to have
purchased the lands
b) all landlords of such lands and
c) all other persons interested therein , to appear before it on the
date specified in the notice.
The Tribunal shall issue a notice individually to each such tenant ,
landlord and also , as far as practicable , other persons calling upon each of
them to appear before it on the date specified in the public notice
42
Sec. 32 (O)
“ Right of tenancy is created after tillers day to
purchase land -”:
In respect of any tenancy created after tillers day ( by a
landlord not being a serving member of the armed
forces ) notwithstanding any agreement or usage to
the contrary , a tenant cultivating personally shall be
entitled within one year from the commencement of
such tenancy to purchase from landlord the land
held by him or such part thereof as will raise the
holding of the tenant to the ceiling area

43
Sec. 63 of the act prevents sell of agricultural lands
to non agriculturist without the permission of
authorized officer i.e. Collector, The Section
reads as
63. – Transfers to non agriculturists barred
1) Same as provided in this act
i. No sale, gift, exchange or lease of any land or interest there in,
or
ii. No mortgage of any land or interest therein shall be invalid in
favour of person who is not as agriculturist.
iii. Person whose annual income from other sources is not more
than Rs. 12,000/-
44
Section 63
Directs that no sale of land shall be
valid in favour of a person who will
after such sale hold land exceeding
the ceiling area determined under
the Maharashtra, Agricultural
Lands (Ceiling on Holdings) Act,
1961.
45
No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an
agriculturist. However collector may grant permission for transfer under the below
mentioned conditions:
a) Such a person bona fide requires the land for a non agricultural purposes; or

b) The land is required for the benefit of an industrial or commercial undertaking

or an educational or charitable institution; or

c) Such land being mortgaged, mortgage has obtained from collector a certificate
that he intends to take the profession of an agriculturist and agrees to cultivate the land
personally; or

d) The land is required by co-op society; or

e) The land is required for cultivating it by a personally by a person, who, not

being an agriculturist, intends to take to the profession of agriculture and to whom
collector has given certificate that such person is intend to take to the profession of
agriculture and is capable of cultivating land personally; or

f) Such land is being sold in execution of decree of a civil court, or recovering arrear
of land revenue.
46
Sec 63 (1) (A) – Transfer to non-agriculturist for
bona fide industrial use

i) 1)Upto 10 ha. - No permission is required.

2) More than 10 ha. - Prior permission of the
Development Commissioner (Industries) or any
other officer authorized by the State Govt. in this
behalf.

47
Section 84 C - Summary eviction
Any person unauthorized occupying or wrongfully in
possession of any land
a) The transfer or acquisition of which either by the act of
parties or by the operation of law is invalid under the
provision of this act
b) The management of which has been assumed under the
said provisions or
c) To the use and occupation of which he is not entitled under
the said provisions do not provide for the eviction of such
persons , may be summarily evicted by the Collector

48
Section 88 (1)(b)
The land situated in Municipal
Limits and notifications under
section 88(1)(b) is issued under
BTAL Act 1948 indicating that
section 1 to 87 are not applicable

49
 Violation of B.T. and A.L. Act 1948

 A person/ family floated many Pvt. Ltd. Companies

& purchased the agri land
 Farmer’s Land Purchased by ‘A’ Company (not
put to use in 5 years. ‘B’ Person who is other
than original owner
( Right to repurchase the land at selling price
denied )
 Deosthan Trust Land Exempted u/s 88 (b) of
Tenancy Act , they have to obtain exemption certificate from
collector any private / family trusts formed to defeat the
purpose of the act
1 Bombay Tenancy and Agricultural Lands Act 1948-43(1)
2 Bombay Tenancy and Agricultural Lands Act 1958 ( for Vidharbha
Region – 57(1)
3 Hyderabad Tenancy and Agricultural Act ,1950- sec 50(B)(1)
New Provision Added – 7-2-2014

51
 The Maharashtra Restoration Of
Land To Scheduled Tribes Act 1974

52
Two Enactments For Restoration

Sec 36 (2) – as per Maharashtra Land Revenue

Code and Tenancy Laws (Amendment) Act,1974

Maharashtra Restoration of Lands to Scheduled

Tribes Act. 1975
(Transfer between 01/04/1957 & 06/07/1974)

53
MAHARASHTRA LAND REVENUE CODE 1966
SEC 36(2)

occupancies of persons belonging to the Scheduled Tribes shall not

be transferred except with the previous sanction of the Collector

SEC 36(3)

-Where an occupant belonging to a ST in contravention of sub-section

(2) transfers possession of his occupancy, the transferor or any person
who if he survives the occupant without nearer heirs would inherit the
holdings, may, (within thirty years) of such transfer of possession,
apply to the Collector to be placed in possession .

54
- prior to commencement of the Amendment Act, 1974 a Tribal in
contravention of sub-section (2) transferred possession of his
occupancy to an non-Tribal and such occupancy is in the possession of
such non-Tribal or his successor-in-interest, and has not been put to
any non-agricultural use before such commencement,

collector on application
suo moto of tribal/ successor-in-interest

(within 30 years)

declare the transfer of the occupancy to be invalid, and direct that the
occupancy shall be taken from the possession of such non-Tribal or his
successor-in-interest and restored to the Tribal or his successor-in-
interest

(half the land if transfer is prior to commencement & in favour of non-

tribal who is rendered landless because of land acquisition)
55
SEC 36(3A)
Where any Tribal or his successor - in -interest to whom the
possession of the occupancy is directed to be restored expresses
unwillingness to accept the same,

Order directing land vest in Govt along with standing crops if

any from date of order

SEC 36(3B)
non tribal 48 times + value of improvement

56
SEC 36(3C)
Encumbrances

– if less than amount determined by collector full

- exceeds holders of encumbrances in order of priority

SEC 36(3D)

-land vested in government to be granted to tribal in same village / 5

km in accordance with provisions of the act & rules.

57
SEC 36A Restrictions on transfers of occupancies by Tribals
(1) no occupancy of a Tribal shall, after the commencement of the
Maharashtra Land Revenue Code and Tenancy Laws (Amendment)
Act,, 1974, be transferred in favor of any non-Tribal by way of sale
(including sales in execution of a decree of a Civil Court or an award or
order of any Tribunal or authority), gift, exchange, mortgage, lease or
otherwise, except on the application of such non-Tribal and except
with the previous sanction-
(a)in the case of a lease or mortgage for a period not exceeding 5
years, of the Collector; and
(b) in all other cases, of the Collector with the previous approval of the
State Government
(no such sanction shall be accorded by the Collector unless he is
satisfied that no Tribal residing in the village in which the occupancy is
situate or within five kilometers thereof is prepared to take the
occupancy from the owner on lease, mortgage or by sale or otherwise)

58
SEC36A(3)

expiry of the period of the lease or mortgage,

Collector suo motto application made by the Tribal,

restore possession of the occupancy to the Tribal.

SEC36A(4)

any occupancy transferred in contravention of sub-sec(1)

Collector suo motto application by the Tribal (30 years)

decide the matter.

59
SEC36A(5)
Collector decides transfer in contravention of sub-section (1), he
shall declare the transfer to be invalid, occupancy together with the
standing crops thereon, if any, shall vest in the State Government free
of all encumbrances

SEC36A(6)
collector notice to tribal transferor

whether or not willing to purchase the land(within 90 days).

agrees to purchase the occupancy,

the occupancy be granted if he pays the prescribed purchase price

(48 times assessment) and undertakes to cultivate the land personally

60
36B.Damages for use and occupation of occupancies in certain cases.
A non-Tribal who after the occupancy is ordered to be restored or
after the occupancy is vested in the State Government continues to be
in possession of the occupancy, then the non-Tribal shall pay to the
Tribal and/or to the State Government, for the period from following
the year in which the occupancy is or is ordered t be restored to the
Tribal or is vested in the State Government till possession of the
occupancy is given to the Tribal or the State Government , such
amount for the use and occupation of the occupancy as the Collector
may fix in the prescribed manner.

36BB. Notwithstanding anything contained in this Act of any

law for the time being in force, no pleader shall be entitled to
appear on behalf of any party in any proceedings under section
36, 36A or 36B before the Collector, the Commissioner of the
State Government.

36C.Bar of Jurisdiction of Civil Court or authority.

61
MAHARASHTRA LAND REVENUE(TRANSFER OF OCCUPANCY BY
TRIBALS TO NON-TRIBALS) RULES,1975

Rule 3(1)- application of nontribal-public notice by collector in form A

(details regarding land, nature of transfer, consideration proposed) to
call upon tribals willing to have occupancy transferred to them
Rule 3(2)- notice in village concerned & all villages within radius of 5
km +COLL+SDO+TAH+GP+ ASSOCIATION OF TRIBALS in taluka
Rule 3(3)- tribals ready it be informed to tribal transferor &
permission may not be granted

62
• Rule4 (1)
sanction may be given subject to provision of rule 3
(a)Sale of land
(i)For bonafide NA purpose
(ii)Execution of civil court decree/recovery of arrears of land revenue
(no sanction if tribal is rendered landless)
(b) Lease if lessor is minor, widow, disable no NA
(c) Mortgage for loan for development of land use
allowed
(d) Exchange with land of equal or nearly equal value in the same village
(e) Sale or lease to industrial undertaking, educational or charitable
institute, cooperative society
(f) Person has been or likely to be rendered landless because of
acquisition

63
Maharashtra Restoration of Lands to Scheduled
Tribes Act. 1975

Transfer between 01/04/1957 & 06/07/1974

(after 6 July 1974 ?)

 Collector suo Moto / upon application of tribal

person within 30 years

 Undertaking by tribal to cultivate land

personally & pay non tribal value determined by
collector.
64
Transfer Land transferred Restored free from 48 times assessment or amount of
from tribal to encumbrances consideration whichever is less +
non tribal value of improvement
Half the land if non
tribal’s land
acquired & he is left
landless

Exchange Land acquired by Encumbrances go Value of improvement payble to

tribal is less in with land to tribal & tribal & non tribal
value than the non tribal Encumbrances
land given in – if less than amount determined
exchange + non by collector full
tribal has not put
to any NA use on
or before - exceeds holders of
06/07/1974 encumbrances in order of priority

65
Sec 4
In between 01/04/1957 to 06/07/1974 land purchased or deemed to be
purchased by non tribal tenant from tribal landlord as per tenancy law
RESTORED

66
SEC 5A
• Land liable to for restoration cannot be restored
-failure of tribal transforor to give undertaking
-unwillingness to refund purchase price

-Order directing land vest in Govt free from encumbrances from date
of order
-non tribal 48 times + value of improvement
-tribal in same village / 5 km on payment of 48 times + value of
improvement

67
• Sec 6- appeal against order of collector –MRT (60 days)

• Sec7 – within 3 years revision –commissioner, otherwise with govt

order

• Sec 9a--pleaders excluded from appearance

68
The Bombay PREVENTION OF FRAGMENTATION
& CONSOLIDATION OF AGRI LANDS ACT 1947

69
 Repealed Acts
The Hyderabad Prevention of Fragmentation and
Consolidation of Holdings Act, 1956

Chapter 11 of the Saurashtra Fragmentation and

Regulation of Holdings’ Act, 1954

Chapter XVI of the Madhya Pradesh Land Revenue Code,

1954

70
 The Bombay PREVENTION OF FRAGMENTATION &
CONSOLIDATION OF AGRI LANDS ACT 1947

The Objective and reasons

 To prevent fragmentation of agricultural holdings.

To provide for consolidation of agricultural holdings for the

purpose of better cultivation.

To encourage the development of agriculture.

To improve the agricultural productivity.

71
Overview of the act

• 6 chapters, 38 sections
• Chapter I : Preliminary
• Chapter II : Prevention of fragmentation
• Chapter III : Procedure for consolidation
• Chapter IV : Effects of consolidation
• Chapter IV-A : Consolidation officers
• Chapter V : General

72
PREVENTION OF FRAGMENTATION &
CONSOLIDATION OF AGRI LANDS ACT 1947
• “consolidation of holdings” means the amalgamation and where
necessary the redistribution of holdings or portions of holdings in
any village, mahal or taluka or any part thereof so as to reduce the
number of plots In holdings ;
• “Fragment” means a plot of land of less extent than the
appropriate standard area determined under this Act.
• “standard area in respect of any class of land means the area which
the State Government may from lime to time determine under
section 5 as the minimum area necessary for profitable cultivation
in any particular local area, and includes a standard area revised
under the said section

73
 Section 5
Determination and revision of standard areas
(1) The State Government shall, after considering the objections, if any,
received within three months of the date of publication of the notification
under sub-section (2) of section in the village concerned and making such
further inquiry as it may deem fit, determine the standard area for each class
of land in such bear area.
(2) The State Government may, at any time, if it deems fit expedient so to do
revise a standard area determined under sub-section (1).
(3) The State Government shall, by notification in the Official Gazette, and in
such other manner as may be prescribed, give public notice of any standard
area determined under sub-section (1) or revised under sub-section (2).

74
 Section 5
Determination and revision of standard areas
 The "standard area" is such as is expected to keep the cultivator fully
employed on the field, and the yield from it is expected to be sufficient to
cover the cost of cultivation and Government revenue assessment and
yield a reasonable profit.
 On account of difference in quality of soil, climate, standard of husbandry
and other factors, the standard areas for different types of land vary from
district to district.
 The range of acreage of the standard areas applicable to various types of
land is as follows ;
Standard Areas
• Dry Crop Land - from one to four acres
• Rice Land - from one guntha to one acre
• Garden Land - from five gunthas to one acre
• Varkas Land - from two acres to six acres

75
• 6. Entry in the Record of Rights.-
(1) On notification of a standard area for a local area all fragments in
the local area shall be entered as such in the Record of Rights
(2) Notice of every entry made shall be given
7. Transfer and lease of fragments.-
(1) No person shall transfer any fragment in respect of which a notice
has been given under sub-section (2) of section 6 except to the owner
of a contiguous survey number or recognised sub-division of a survey
number
8. Fragmentation prohibited.-
No land in any local area shall be transferred or partitioned so as to
create a fragment
8 A - A fragment purchased for Public Purpose

76
( 8AA.)(1) Restriction on partition of land.-so as to create fragment

(2) Where such partition is made by the Court or the Collector, —

(a) If, in effecting a partition among several co-sharers,-- share in the land cannot
be given without creating a Fragment,-- shall be compensated in money ( The
amount /compensation determined as per provisions of section 23 of the Land
Acquisition Act, 1894.)
(b) If, in effecting a partition, it is found that there is not enough land to provide
for the shares of all the co-sharers , the cosharers may agree among themselves co-
sharers who should get the share of land and which of them should be compensated
in money. In the absence of any such agreement, the co-sharers to whom a share of
land can be provided and those to whom money compensation should be given shall
be chosen by lot
(c) The compensation shall be payable by each co-sharer in proportion to the
excess value of land he gets over the share of land legally due to him, and such co-
sharer shall deposit the amount. On his failure to do so, his share shall be allotted to
any other co-sharer to whom land has not been previously allotted and who is chosen
in the manner provided in clause (b) .
(d) If none of the co-sharers to whom land has been allotted under clause
(c) pays the compensation and takes the share, the share shall he sold in auction to
the highest bidder, and the purchase many shall be paid to the co-sharers not getting
land in proportion to their respective shares.

77
10. Transfer of fragment to Government.—
Any owner of a fragment transfer it to the State government on
payment by the State Government of such compensation to persons
possessing interest therein as the
Collector may determine ad thereupon the fragment shall vest
absolutely in the State Government free from all encumbrances but no
such fragment shall be transferred to the State Government unless it
is first offered to the owner of a contiguous survey number or
recognised sub-division if a survey number on payment of the
compensation determined by the Collector as aforesaid and such
owner has refused to purchase the fragment on payment of such
compensation

78
15. Government may of its own accord or on application declare its
intention to make scheme for consolidation of holdings..

16. Scheme to provide for compensation.-

(1) The scheme prepared by the Consolidation Officer shall provide for
the payment of compensation to any owner who is allotted a holding
of less market value than that of his original holding and for the
recovery of compensation from any owner who is allotted a holding of
greater market value than that of his original holding.
(2) The amount of compensation shall be determined, so far as
practicable, in accordance with the provisions of sub-section (1) of
section 23 of the Land Acquisition Act, 1894.

79
19. Publication of draft scheme and of a amended draft schemes-
(1) draft scheme published objection within 30 days.
(2)If any objections are received C O considers it necessary
to amend the draft scheme he shall amend the draft scheme and
publish the amended draft scheme person likely to be affected
by such amended drafted scheme objections within 30 days
(3) no objection as per subsection 1,no objection as per amended
(subsection 2) ,with further amendments to the amended draft
scheme, together with the objections and his remarks thereon, shall
be forwarded by the Consolidation Officer to the Settlement
Commissioner for confirmation.
20. Confirmation of draft scheme or amended draft scheme

80
21. Enforcement of scheme.-
(1) Settlement Commissioner to publish in the Official
Gazette+ villages concerned.
(2) Within one year owners from whom compensation
is recoverable shall deposit the amount .
(3) The Consolidation Officer shall put the owners in
possession of the holdings to which they are entitled
under the scheme (eviction)

24. Certificate of transfer.-

Registered certificate & new ROR

81
29. Transfer of encumbrances. –
mortgage, debt or other encumbrance shall be transferred to the holding ‘allotted to him
under the scheme
31. Restrictions on alienation and sub-division of consolidated holdings.-
(1) (a) transferred, by way of sale , gift, exchange, lease, or otherwise; or
(b)subdivision , so as to create a fragment, without the previous sanction of the
Collector.
(2) not applicable in the area of municipal corporation ,municipal council , a cantonment
notified area for which a Special Planning Authority constituted, an area designated as a site for
a new town for which a Development Authority is constituted , area specified by the State
Government, by notification in the Official Gazette, as being reserved for non -agricultural or
industrial development.
(3) Nothing in sub-section (I) shall also apply to any land which is to be transferred -
i. to the tenant of the holding or his heir; or
ii. to an owner of the adjoining holding who cultivates his land personally; or
iii. to an agriculturist or agricultural labourer, in its entirety; or
iv. to a person who is rendered landless by reason of acquisition of his land for a public
purpose;
v. to a co-operative society; or
vi. by way of gift (whether by way of rust or otherwise) bona fide made by the owner in
favour of a member of his family; or
vii. by way of exchange, where such land is cultivated personally by the holder, for any other
land allotted under this Act, which is also likewise cultivated personally by its holder: -
Provided that, no such transfer shall be made so as to create a fragment. 82
INAM/WATAN LAND
MAHARASHTRA
 Watan
 "Watan" means an 'inam'(gift from a ruler to a subject) for service but
generally used in wider sense to denote any alienation in or land with or without
service
 During British/pre-british period certain lands were given to particular persons
for the seriveces rendered by them to the Government or to the community or
to both,these lands are called "watan lands“
 There were various types of Watans viz Pargana, Kulkarni, Bhil,Naik, Bara
Balutedar inams, mahar watan, Jagalia, gurav, Devaasthan Watans etc
 In Maharashtra many of the watans were abolished during 1950-60 except
Collectors were given power to decide certain questions like
a) whether any land is watan land?
b)whether any person is watandar?
C)whether any person is an unauthorised holder?
 Watandars are entitled to compensation for abolition of all his rights in the
watan; in certain cases they are also entitled for regrant.
 On 1 Nov 1952 , all Political Inams has been abolished ( 952 Inams and 38 lakh
acre land)
 Private Inams also abolished in 1952 ( 31,745 Inamdar and 17 Lakh acre land)
84
 Land Tenures/ Inam
• Following various systems of tenures prevailed before the passing of various land reforms
introduced since 1947:

. (1) Inam Class I (5) Inam Classes V

Political and Treaty/ Non – Treaty Pargana and Kulkarni Watan
. Saranjam (Heridatary)
. (2) Inam Class II (6) Inam Class VI
Personal Inams. Service useful to communities.
(3) Inam Class III (7) Inam Class VII
Devasthan. Service useful to Government
( School , College , Hospitals ,
Dispensary and other public purpose)
(4) Inam Classes IV and V
Pargana and Kulkarni Watan
( Permamnant)

85
Personal or "Jat" Inams. These are gifts conferred on individuals. Some of them are in the nature of

compensations. These are heritable and transferable properties of the holders or their lawful successors

subject to payment of fixed dues to the Government.

Political Inams, including saranjams and jahangirs, generally mean grants by the State for performance

of civil or military duty or for the maintenance of the personal dignity of nobles and high officials. Some

of them were guaranteed by a special treaty between the Moghals and the British Government while

others were settled by the Inam Commission. In the former case, the tenure is hereditary and is to last in

perpetuity, while in the latter case it is to last for a short or long period of time as fixed by the

Commission. Oridinarily these inams are impartible and inalienable. There are instances in which a

jahangir has been held to be partible and alienable but generally devolution of such inams is by the rule

of lineal primogenitue, younger members being entitled only to maintenance.

86
 Devasthan Inams : These are lands granted to religious bodies for maintenance of temples and mosques or similar

institutions. The grant is made in perpetuity and the fixed amount of land revenue is not liable to revision. Devasthan

inams are ordinarily inalienable and also impartible. Succession to them is regulated by the terms of the grant and the

customs and usages of endowment. The holder for the time being manages the inam in the capacity of a trustee for the

benefit of the endowment.

 Service Inams : These are holdings of lands or rights to receive cash payments or to levy customary fees or perquisites

for the performance of certain services to Government or the community. The holders of such inams or watans are

divided into two classes�firstly, district officers like the desais, deshmukhs or deshpandes who were the chief

instruments for the collection of revenue under the Peshwas and secondly, village officers useful to the Government

like the patil or the kulkarni who were the chief instruments for the collection of revenue under the Peshwas and

secondly, village officers useful to the Government like the patil or the kulkarni who were provided adequate

remuneration in the shape of lands or cash, and village servants useful to the community such as the hajams, kumbhars,

lohars, suthars, mochis, and other village artisans.

87
 Tenure Year of abolition

Political or Saranjam Inams 1952

Personal Inams 1953

Hereditary Watans 1951

Village servants useful to the—

a) Community 1954

b) Government : Patils 1962

c) Mahars 1959
88
 INAM/WATAN ABOLITION
ACTS

1 The Bombay Khoti Abolition Act, 1949

2 The Bombay Paragana and Kulkarni Watan (Abolition)Act,1950

3 Bombay Personal Inams Abolition Act 1952

3 The Bombay Merged Territories and Areas Inam Abolition

Act,1953

4 The Bombay Service Inams(Useful to Community)Abolition Act,1953

5 Hyderabad abolition of inams and cash grants act ,1954

89
 INAM/WATAN ABOLITION
ACTS

6 Bombay Bhil Naiks Inam Abolition Act 1955

7 The Bombay Inferior Village Watan Abolition Act,1959

9 The Revenue Patel (Abolition of Office)Act,1962

10 The Bombay City(Inami and Special Tenure) Abolition Act, 1969

90
 Important Points
• Appointed Date Fixed
• LAND LAPSED TO THE GOVERNMENT
• Occupancy Price Fixed
• Payment of Occupancy Price within 5 years from the date of regrant
• REGRANT ORDERS ISSUED
• KABULIAT EXECUTED
• New Tenure imposed
• Non transferable and Impartiable but enjoyed by hereditary
• For purchasing New Tenure Land -Sale Permission from Divisional
Commissioner mandatory
• Payment of Revenue assessment for Agricultural use
• From safeguarding repeated Payment of Nazrana convert from Class
II to Class I
91
 Wakf Land
• Wakf means the permanent dedication by a person professing
Islam, of any movable or immovable property for any purpose
recognized by the Muslim law as pious, religious or charitable and
includes :
• A Wakf by user but such Wakf shall not cease to be a Wakf by
reason only of the user having ceased irrespective of the period of
such cesser.
• “grants”, including mushrut-ul-khidmat for any purpose recognized
by the Muslim law as pious, religious or charitable.
• A wakf-alal-aulad to the extent to which the property is dedicated
for any purpose recognized by Muslim law as pious, religious or
charitable and “wakif” means any person making such dedication.
No transfer of immovable of a wakf , by way of sale or mortgage,
exchange or lease for period of exceeding three years is validly
allowed without previous sanctioned of the Wakf Board.
Wakf Act 1954

92
 What is Waqf/Auqaf and Waqif ?
The Term Waqf denotes Detention, and signify the detention of
property in the ownership of God

Total extinction of ownership of founder

Appropriation of usufruct for the objects recognized by Islamic

Law as pious, religious or charitable

 -The Founder or Donor is called Waqif

- Auqaf is a plural of waqf
- Mutawalli- is a local manager of property
93
 Legislations and Authorities
History Religious Endowment Act 1863
(Wakf validating Act 1913- for Muslims)
(Hindu religious and endowment Act,1927- for Hindus)
1954 Wakf Act, 1954 ( Limited jurisdictions)
1995 The Wakf Act, 1995
2003 Maharashtra Wakf Rules, 2003

2013 The Waqf Amendment Act 2013

2014 Waqf properties Lease Rules 2014

State State Waqf Board (Under State Govt.)

Chairman /CEO
Waqf Tribunal
Central Central Waqf Council
National Waqf Development Corporation
94
 Waqf- Definition
( Sec- 3r)

• “Waqf“ means the permanent dedication by any person

of any movable or immovable property for any purpose
recognized by the Muslim law as pious, religious or
charitable and includes :
• A Waqf by user
• “grants”, including mushrut-ul-khidmat .
• A waqf-alal-aulad
“waqif” means any person making such dedication.

95
 Transfers of auqaf- banned

• Once a waqf… always a waqf- transfer not

allowed
• Any transfer by way of sale, gift, exchange or
mortgage - void ab initio
except-
-Commercial development
-Land Acquisition with conditions

• Any lease of one year or more without prior

sanction of Board shall be void. No lease beyond
30 yrs
96
 Restrictions on Land Acquisition
 Consultation with Board before acquisition

 Not to contravene Places of Worship ( Special Provisions) Act,

1991

 Acquisition can be- only for Public Purpose

 Only if No alternate land is available

 Compensation to be at prevailing market value or suitable land

in lieu of acquired property
97
 Waqf in Maharashtra
• Act of 1954
( for Marathwada region only in Maharashtra- Marathwada Waqf Board)
• Act of 1995 came in force from 1.1 1996
( For Entire State) - other relevant Acts repealed
• Survey held in 2001
• Maha. State board of waqf formed in 2002
• Head Quarter at- Aurangabad

Properties-
• 23564 registered institutions
• 46330 H land in State
• 32121 H in Marathwada
98
 Authorities
• BOARD ( Member’s term of office-5 years)

• Chief Exe. Officer

(State Govt. Officer in the rank of at least Dy. Secretary )

• Independent Judicial Tribunal headed by

DJ rank judge with staff

• State Govt. has supervisory Jurisdiction through Minority dev

Dept. ( Earlier revenue dept)
• Central Govt. supervises through CWC and JPC

99
 BOARD- COMPOSITION
(Section-14)

• Chairman
• ( 8-11) Muslim Members- out Of-
Elected catagory-
1. Member of Parliament (one or two)
2. Member of State legislature (one or two)
3. Member of State Bar council (one or two)
4. Mutawalli
Nominated catagory- (One each from)
1. Professional Expert (Town Plan, Agri, Finance, revenue, dev
etc)
2. Islamic Scholar from Shia and Sunni each
3. State Govt Officer in the rank of DS
CEO- is an Ex officio Secretary

100
 Survey of auqaf ( Sec.4)
• State Govt. appoint Survey Commissioner/Addl commissioner
or Asstt. Survey Commr of auqaf for preliminary survey

• Survey Commr to make enquiries and submit report

• Survey Commissioner to have powers of civil court

• Second or subsequent survey if necessary, but not earlier than

10 years

101
 Registration of Properties

• Section 36- All properties found in survey or

otherwise and institutions are to be entered in
register u/s 37

• Sec. 40- New properties are to be investigated

and declared as waqf

• Sec. 43- Prop. already registered under previous

Acts are deemed auqaf
102
 Illegal Alienation
• Sec 51
-Lease of Waqf prop. without prior sanction of Board shall be
void
-Any sale,gift, exchange , mortgage shall be void ab initio

• Sec 52
Board, after enquiry, will send requisition to the Collector to
obtain and deliver possession
- Collector to pass order and take possession
-Appeal against order of collector lies to Tribunal

Sec56
103
 Encroachments
• Sec 54
-CEO to issue show cause, enquire and make
application to Tribunal to get order of eviction
-Tribunal to enquire and pass order
-If encroacher fails to vacate, CEO can evict

• Sec. 55
Enforcement of tribunal’s order of encroachment by
local executive magistrate

104
 Relevant Provisions of Act
• Survey Of Auqaf - Sec.4
• DM/ADM/ SDM to implement directions of Board - ( Section-28)
• Alienation of waqf property, Land acquisition-S. 51
• Restoration of waqf properties ( Sec 52 )
• Removal of encroachments ( sec 54, 55)
• Power to grant Lease (Sec.56)
• Waqf Tribunal ( Sec 83)
• Power of State Govt ( 97, 99)
• Restoration of property in Govt. occupation (104A)

105
 Role Of Revenue officer
• Survey- Prelim or resurvey
• Entry of waqf properties in revenue record
• Restoration of wrongfully alienated properties
• Enforcement of orders of encroachment removal
• Taking care before Land Acquisition and awarding
compensation
• Effecting exemptions in tenancy, Ceiling, rent
control, Atiyat Acts
• Availability of land records
• Maintaining law and order

106
 WAKF PROPERTIES
Sr.No Revenue Division Numbers Land Area (Hector)

01 Kokan 1724 2339

02 Pune 2728 3724.55

03 Nahsik 1455 3340

04 Amravati 1310 1102

05 Nagpur 470 3704.25

06 Aurangabad 15877 23121.10

Total 23566 37330.97

107
 Trust Lands
• These lands attract the provisions of the charitable Trust Acts. The
trusties are competent to dispose of the trust property exercising the
powers vested in them by the Trust Deed.

108