Ceiling on Holdings, Restriction on transfer and provisions relating

to surplus land enquiry by the collector under Maharashtra

Agricultural Lands

Under the guidance

Of
Prof. Vivek Salunke

Submitted By: Kunal Dalvi

Roll no: 213018
Class: S.Y. LL.B
Signature:
 INDEX

SERIAL CONTENT PAGE

NO. NO.

1. INTRODUCTION 3
2. DEFINITIONS 6
3. CEILING ON HOLDINGS 11
4. RESTRICTIONS ON TRANSFORM 14
ACQUISITION AND PARTITION

5. SURPLUS LAND ENQUIRY AND 22

DECLARATION BY COLLECTOR

6. CONCLUSION 25
7. BIBLIOGRAPHY 26
INTRODUCTION

Land is an important aspect in the Maharashtra Agricultural lands (ceiling on

holdings) Act, 1961. Land provides basic necessities like food, clothing and
shelter to human being. Land has always been an important locus for the
economic activity necessary for human life. Any developmental activity is nearly
impossible to conceive without taking land into consideration. The ability of land
to provide space for production is limited by its physical and locational
properties. Unlike goods, which can be moved around to where they are needed,
land is immovable and cannot be physically passed by hand.

India's rural population still makes their living primarily from agriculture,
depending directly on the land for their income, status, and security. There is a
strong relationship between land, power and people. Human beings cannot
produce land and therefore the value of land is ever increasing.
Before independence land in India was owned by a few people. It was observed
that social justice and development of the country could not be achieved unless
land was distributed among the peasants. On the basis of this land reforms were
initiated after independence. A land reform policy is fundamentally a Politico-
economic issue. To fulfill objectives of land reform the Government enacted a
number of land reforms legislations.

The Maharashtra Land Revenue Administration is governed by Maharashtra

Land Revenue Code, 1966 and development control is regulated under
Maharashtra Regional Town Planning Act, 1966. Besides the above laws,
provisions of some other laws are also applicable in land transactions.
Considering the above we can conclude that land is a complicated, tedious and
vast subject.
AGRICULTURAL LAND
"agriculture" includes horticulture, poultry farming, the rising of crops,
fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock
including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of
bees, the use of land for grazing, cattle and for any purpose which is ancillary
to its cultivation or other agricultural purpose.
Classification of agricultural lands as per its use for cultivation:-

1 Warkas land
2 Jirayat land (Dry crop)
3 Bagayat or irrigated land
4 Rice land

1. The ‘warkas’ land is the land of the poor productivity. This land is used by
the farmer during the monsoon to grow ‘low-grade’ millets such as nachani
and warai. Its cultivation involved burning of the vegetation on the land,
(rab manure) preparing the soil with a pick and sowing by hand.
2. Jirayat land is the land where cultivation is depends upon annual rainfall.
The jirayat land is used for seasonal crops, kharif and rabi. The agricultural
sessions of kharif crops starts from June and agricultural sessions of rabi
crops are starts from September-October.
3. Bagayat or irrigated land:-.Cultivation of these lands is mainly dependent
upon sources of water other than rain. Sources of water can be well,
bandharas and supply from Government’s irrigation department.
4. Rice land:-In coastal and heavy rainfall area where main crop is rice,
lands are classified into to two categories namely; rice land and warkas
land.

Activities permitted for the better cultivation of the land:-

a) the construction of tanks, wells, water channels, embankments and other

works for storage, supply or distribution of water for agricultural purposes;

b) the construction of works for the drainage of land or for the protection of
land from floods, or from erosion or other damage from water;

c) the planting of trees and the reclaiming, clearing, enclosing, leveling or

terracing of land;
d) the erection of buildings on or in the vicinity of the holding, elsewhere than
in the gaothan required for the convenient or profitable use or occupation
of the holdings ; and

e) the renewal or reconstruction of any of the foregoing works, or

alternations therein or additions there to;

However the below mentioned works are not permitted.

 Temporary wells and such water-channels, embankments, levelling,

enclosures or other works, or petty alterations in or repairs to such
works, as are commonly made by cultivators of the locality in the
ordinary course of agriculture; or

 any work which substantially diminishes the value of any land wherever
situated, in the occupation of any other person, whether as occupant or
tenant;

Farm building:- It means a structure erected on the agricultural land for the
purposes as mentioned below;
1. for residence of members of the family, servants or tenants of the holder,
2. for the storage of agricultural implements, manures or fodder,
3. for the storage of agricultural produce,
4. for sheltering cattle.
5. for any other purpose which is an integral part of his cultivating ;
(ex crushing, sifting etc.1

1
www.landsofmaharashtra.com
DEFINITIONS
S. 2 of the Act contains definitions of several words and expressions used in the
Act, and these definitions apply unless the context otherwise requires.
It is also provided that words and wins used but not defined therein, shall have
the same meanings as a theme in the Maharashtra Land Revenue Code, 1966.

Agriculture [S.2 (1)]

The word "agriculture is defined to include horticulture, the raising of crops,

grass, garden produce or singhore (trapa bispinosa), the use, by an agriculturist,
of the land held by him (or thereof) for grazing the use of any land (whether or
not an appendage to ricor paddy land) for the purpose of rab manure, dairy
farming poultry farming and breeding of livestock

Rob manure is produced by burning layers of cow-dung tree- loppings, leaves

and grass. The resulting ash is used as manure for cultivation. This local method
of rice cultivation, known as rab cultivation is the traditional device of manure
production in the Konkon Region of Maharashtra.

"Agriculture" does not, however, include the cutting of wood only. The
dictionary meaning of agriculture is the cultivation of the soil The Madras High
Court has observed that the ordinary meaning of the word "agriculture" is the
raising of annual or periodical grain crops through the operation of ploughing,
sowing, etc. (Raja Ventatagiri v. A, Reddi, (1915) 38 Mad. 739)

According to the Bombay High Court, any operation which has something to do
with land, any operation which helps the land to yield fruits or crops, any
operation which improves the natural produce of the land, comes within the
expression "agriculture". (N. G. Desal v. State of Bombay, (1954) 57 BLR 199)

Agriculturist: To cultivate: To cultivate personally Ss. 2(3), 2(8) & 2(9)]

An agriculturist" means a person who cultivates land personally.

The term "to cultivate" means to till or husband the land purpose of raising or
improving agricultural produce (whether labour or by means of cattle or
machinery) or to carry on any aga 2018 operation thereon, It is also clarified that
if a person enters into a to cut grass on any land, he shall not, only on that
account, be deemed to cultivate such land. [S. 2(8)1. The expression to cultivate
personally has also been def 5. 2(9) of the Act. It means cultivating land, on a
person's own account. (i) by one's own labour, or

(ii) by the labour of any member of one's family, or (iii) by hired labour or
by servants, on wages payable in cash or Cash under the personal
supervision of himself or any member of his family.
It is clarified that as a person under disability shall be them to cultivate land
personally if such land is cultivated true his servant out by hard labour as per
section 2(23) a person under disability means
1. a widow
2. a minor
3. a woman who is unmarried or if married is divorce or judicially
separated from A husband or whose husband is serving member of
the armed forces or who fails under clause[ D] below or
4. a person who by reason of some mental health disability is incapable of
cultivating land either by personal labour or under supervision and
includes a serving member of the armed forces in case of a joint family
the land shall be deemed to cultivated personally if it is cultivated by
any member of such family.

3. Appointed day and commencement day [S.2(6A)]

For the purposes of the act the appointed day is the day on which the escape
into force mainly January 26 1962. It is important not to confuse this date with
the commencement date", which is the date on which the 1975 Amendment
came into force, namely, October 2, 1975

4.Family[ (S. 2(11)]

The term "family", as used in the Act, includes a Hindu undivided family. In the
case of other persons, group or unit, it includes the members thereof who, by
custom or usage, are joint in estate, possession or residence.

The Supreme Court has held that the expression "Hindu undivided family"
would include a Hindu coparcener as well as an ordinary Hindu Joint family,
where there are no coparceners. {State of Maharashtra v. N. S. Deshmukh, 1985
Maharashtra L. J. 558)
5. Family unit [S. 2(11-A) & S. 4]

A "family unit" means a family unit as defined in S. 4 of the Act,

 a person and his spouse (or more than one spouse) and their namely,
minor sons and minor unmarried daughters, if any; or

 where any spouse is dead, the surviving spouse or spouses and the minor
sons and minor unmarried daughters; or daughters of the deceased spouses

6. To hold land [S. 2(14)]

"To hold land" means to be lawfully in actual possession of land as owner or as

tenant.

7. Land [S. 2(16)]

The word "land" means land which is used, or is capable of being used, for
purposes of agriculture, and includes:

(a) the sites of farm buildings on, or appurtenant to, such land;

(b) land on which grass grows naturally;

(c) trees and standing crops on such land;

(d) canals, channels, wells, pipes or reservoirs or other works constructed or

maintained on such land for the supply or storage of water for the purpose
of agriculture;

(e) drainage works, embankments, bandharas or any other works appurtenant

to such land, or constructed or maintained there for the purposes of agriculture;
and

(f) all structures and permanent fixtures on such land.

8. Exempted land [S. 2(10)]

"Exempted land" means land exempted from the provisions of the Act under
S.47 thereof. The said section lays down certain categories of land which are
exempted from the provisions of the Act, as for instance, land held by the
Government, land held by a bank or a cooperative society as security for
recovery of its dues, etc.

9.Person [S. 2 (11)]

For the purposes of the Act, the word "person" includes a family (as defined
above).

10. Landless person [S. 2(17)]

A "landless person" means a person who does not hold any land of (2 marks)
who holds land for the purpose of agriculture not in excess of one hectare of dry
crop land (or irrigated land proportionately converted in the manner provided in
S. 5 of the Act) and who earns his livelihood principally by manual labour on
agricultural land in either case.

11. Tenant and landlord [S. 2(30)]

A "tenant" means a person who holds land on lease, and includes a person who
is deemed to be a tenant under the relevant tenancy law. A "landlord" means a
person from whom land is held on lease by a tenant, and includes a person who
is deemed to be a landlord under the relevant tenancy law.

12. Collector [S. 2(6)]

The term 'Collector' has been defined to include an Additional Collector, an

Assistant Collector or a Deputy Collector, exercising the powers or discharging
the duties of a Collector under the Maharashtra Land Revenue Code, 1966.

The term also includes any other officer not below the rank of an Assistant or
Deputy Collector, especially empowered by the State Government to exercise
the powers and perform the functions of the Collector by or under the Act.
13. Farming society [S. 2(12)]

A "farming society" means a society which is registered, or deemed to be

registered as such, under any law for the time being in force relating to the
registration of co-operative societies.

14. Joint farming society [S. 2(15)]

A "joint farming society" means a joint farming society registered or deemed to

be registered as such under any law for the time being in force relating to the
registration of co-operative societies, the members of which jointly cultivate the
land held by the members or by the society.2

2
Prof. H.D.Pithawalla, land laws, edition 2023, C.Jamnadas &co. Publications. Pg no. 62 to 67.
CEILING ON HOLDINGS

Ceiling on land holdings is a concept that deals with the maximum limit of land
holdings an individual can possibly possess. It mainly refers to the process of
fixing the quantum of land held by a family. It also includes estimation in terms
of fixing the maximum limit of land holdings that an individual can own.
Ceiling on land holdings is an important concept as it effectively deals with the
land possession system. It helps in dealing with various issues related to land
management or land ownership. Ceiling on land holdings helps in setting a limit
over how land an individual or corporation can hold.

Define ceiling on landholdings

Ceiling on land holdings mainly means fixing a maximum portion of land that
can possibly be owned by an individual or particular family. Ceiling limits
mainly set limits over land possession. Land over and above the ceiling limit is
regarded as surplus land. Surplus land is regarded as land possessed by a family
or individual over the ceiling limit. The effectiveness of the ceiling on land
holdings lies in different aspects such as lowering chances of inequality or
prohibiting rich people to acquire more land for personal benefit. Ceiling on land
holdings has a significant effect in terms of capital investment of a nation such
as the UK. Ceiling on land holdings have significantly improved their land
fragmentation process. Ceiling on land Holdings has successfully increased
transaction costs in terms of acquiring land for both strategic as well as non-
strategic reasons. Ceiling on land holdings also includes different processes
related to land reforms as well. Ceiling on land holdings affects the profit of the
nation as well. Ceiling on land holdings also includes different legislation
Concept about landholdings

Landholding is mainly a concept that deals with the state or fact of holding or
owning a land. Landholding plays an important role in terms of economic as
well as political functions of the nation. Symbolic effect of landholding is
rooted in the central economic role played by land. The concentration of land in
the hands of aristocracy was significantly high and the section including
aristocracy as well as church play a significant role in terms of ownership of
land. Agricultural commodities are not the single element of landholdings. It
also includes different raw materials as well as manufactured goods related to
the aspect. Landholding’s pattern varied widely in the UK during the 1400s or
1500s. Different opportunities were developed in terms of investment
opportunities. Landholding is an interesting yet crucial aspect. It deals with
ownership land and also includes different patterns and aspects of the concept.
Land was not the only source of wealth in the UK. Landholding forms a source
of political power, social status and broad legal rights.

Legislation of ceiling on land holdings

Ceiling on land holdings deals with different aspects such as abolishment of

landlordism, distribution of land through imposition of ceilings or protection of
tenants. Ceiling on land holdings also includes aspects related to land ceiling
legislations. These legislations dealing with ceilings on land holdings also
attempt to provide surplus land. English Land law mainly deals with real
property existing in England. Ceiling on land holdings mainly deals with the
aspect such as how much land a corporation or an individual can hold.
Legislations related to ceilings on land holdings mainly helps in determining the
ceiling area applicable to tenure holders. It includes different aspects such as if
land held by a particular person is in terms of personal right or in personal name
or ostensibly in name of any other person. Ceiling on land holdings is mainly
applicable to agricultural land. It includes different aspects in terms of
improving the future of agriculture. Land Ceiling in the UK mainly aims to
diminish aristocratic presence. It also involves understanding the number of
active players in the field of land.

Ceiling on land holdings meaning with properties

Ceiling on Land Holdings mainly refers to provincial measures in terms of

saving of land and also in terms of measuring rights of people associated with
agriculture. Different important properties of ceiling on land holdings are stated
below:

● One important aspect of ceiling on land holdings deals with fixing the
amount of land holding that a particular individual or a family can
own.
● An important aspect of ceiling on land holdings also includes
reapportion of surplus land to landless persons.
● The amount of allocation of land varies from region to region.

Ceiling on land holdings includes different aspects in terms of assuring

uniformity of land distribution as well. Ceiling on land holding also promotes
land fragmentation across and slow includes different aspects of transaction
costs in terms of land acquisition. Ceiling on land holdings includes aspects
related to capital investment. Size as well as costs related to land acquisition
depends on the size of the land. 3

3
www.unacademy. Com for ceilings on holdings.
RESTRICTIONS ON TRANSFORM ACQUISITION
AND PARTITION

Although the land is part of man's natural heritage, access to the land is
controlled by Government for various social, political and economical reasons.
The Government has enacted number of enactments to restrict a person's right
over the transfer of the land. The laws which are restricting person’s rights of
transfer of the land are as follows:

Maharashtra Land Revenue Code 1966:

One of the objectives of land revenue administration is to recover the revenue.
So it is obvious that failure to pay arrears of land revenue makes the holding
liable to forfeiture. On forfeiture the occupancy ceases to be property of the
occupant under section 72 of MLR Code 1966. The forfeited land shall not
change hands by way of inheritance or by will.

Under section 36 A, the land of a Tribal cannot be transferred in favor of any

non-Tribal without permission of State Government and/or Collector as the case
may be.

Bombay Tenancy and Agricultural Lands Act, 1948:

To gain maximum revenue from the land in India the British rulers introduced
three major forms of land settlements namely Zamindari, Raiyatwari and
Mahalwari. Under the influence of these systems actual cultivators turned into
tenants. These land system created intermediary between the State and the
actual tillers of the soil. These intermediaries had no interest in improvement of
the land. Against this background intermediary interests were abolished by the
Government by framing policy "Land to the tillers" In the Maharashtra under
section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 provides
compulsory transfer of ownership rights of tenanted lands to the tenants from
1st April 1957 which is known as the "Tillers' Day". There is complete sale and
purchase on the tiller’s day. The title of landlord passes immediately to the
tenant on the tiller’s day. The tiller who purchased the land under this act is
classified as an Occupant Class II. The land of Occupant Class II is heritable but
transfer of land is valid subject to fulfilling conditions imposed by the
Government.

No land purchased by tenant under section 32, 32F, [32I, 32 O, 33 C, or 43 ID

or sold to any person under section 32 P or 64 shall be transferred by sale, gift,
exchange, mortgaged, leased or assignment, without the previous sanctioned of
the collector. Sanctioned is not required when land is to be mortgaged in favour
of Government.

The collector may grant permission for transfer of land in any of the following
circumstances, namely:-

1. That the land is require for agricultural purpose by industrial or commercial

undertaking in connection with any industrial or commercial operations
carried on by such undertaking;
2. That the transfer is for the benefit of any educational or charitable institution;
3. That the land is required by a co- operative farming society;
4. That the land is being sold in execution of a decree of a Civil Court or for the
recovery of arrears of land revenue under the provision of the code;
5. That the land is being sold bona fide for any non agricultural purpose;
6. That the land is being sold by a land owner on the ground that –
 He is permanently giving up the by profession of an agriculturist, or
 He is permanently rendered incapable of cultivating the land
personally;
7. That the land is being gifted in favour of-

 The bodies or institution mentioned d in section 88A and clauses a & b of

section 88B or

 A member of land-owners family;

8. That the land is being exchanged-

With the land of equal or nearly equal value owned and cultivated personally by
the member of the same family; or

With the land of equal or nearly equal value situate in the same village owned
and cultivated personally by another land owner with a view to forming compact
block of his holding or with view to having better management of the land:

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

9. That the land is being leased by a land owner who is a minor; or a widow or
person subject to any physical or mental disability or the member of the
armed forces or among the land owners holding the land jointly;

10. That the land is being portioned among the heirs or survivors of the deceased
land owner;

11. That the land is being mortgaged in favour of society registered or deem to
be registered under the Maharashtra Co-op Societies Act 1960 for raising a
loan for paying the purchase price of such land.
12. That the land is being transferred to the person who by reason of acquisition
of his land for any development project has been displaced and requires to
be resettled.

Where sanctioned for sale of land given in the circumstances specified in the
clauses a, b, c, e, or f it shall be subject to the condition of the land owner
paying to the State Government a nazrana equal to 40 times assessment of the
land.
In the case of portioned sanctioned under clause “j” it shall be subjected to the
condition that they are allotted to each sharer shall not be less than the unit
specified by the State Government under clause c of sub section I of sub-
section 27

Transfer to non agriculturist barred under Section 63

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.

Transfer to non agriculturist for bona-fide industrial use:

No permission is required to sell the land to the person who may or may not be
an agriculturist for the purpose of bona-fide industrial use if the land situates
within the industrial zone of a draft plan or final regional plan or draft of final
town planning scheme prepared under the MRTP Act 1966 and the area where
no such plans or scheme exists.

Maharashtra Agricultural lands Ceiling on Holding Act, 1961

The basic objective of fixation of ceiling on landholdings is to acquire land

above a certain level from the present landholders for its distribution among the
landless. It is primarily a redistributive measure based on the principle of socio-
economic justice.

This act is restricting the size of holdings which a person or family can own.
Acquisition of land in excess of the ceiling is prohibited. Land rendered surplus
to the ceiling is taken over by the state and distributed among the weaker
sections of the community.

Any person or family cannot hold land in excess of the ceiling area fixed on 26 th
September1961. Person or family cannot transfer surplus land until the land in
excess of the ceiling area is determined under the act.(Section 8 ) A person
possessing land in excess of ceiling area cannot acquire land by transfer.
(Section 9)

The land held by individuals or the family of the Maharashtra State or the part
of India is to be taken into consideration while calculating the ceiling area. For
fixing ceiling areas lands have been classified in five classes as detailed below

Class Of Land Ceiling Area

Hectares Acre
s

Land with assured supply of water for 7-28-43 18

irrigation and capable of yielding at least
two crops in a year

Land which has assured supply of water for 10-92-65 27

only one crop.

Land which has un-assured supply of water 14-56-86 36

for only one crop.

Dry Land situated in Mumbai Sub Urban 14-56-86 36

District and Districts of Thana, Raigad,
Ratanagiri, Sindhdurg, Bhandara,
Gadchiroli, Sironcha talukas of Chandrapur
District which is under paddy cultivation
for continuous period of three years.
 Dry Crop Lands other than all above lands. 21-85-29 54

The Maharashtra Co-op Act, 1960

While taking loan from co-operative society member is furnishing undertaking

to the society that he is mortgaging his own agricultural land against the said
loan amount. Under section 48, a charge on land continues until the whole debt,
due to the society is satisfied.

Transfer of Property Act, 1882

Section 52 of the Transfer of Property Act provides that during the pendency of
any litigation affecting the immovable property it cannot be transferred or
otherwise dealt with by any party to the suit so as to affect the rights of the
other party under any decree or order which may be made therein.

Registration Act, 1908

1. Section 17 of the Registration Act, 1908 lays down different categories of

documents for which registration is compulsory. The documents relating
to the following transactions of immovable properties are required to be
compulsorily registered; Instruments of gift of *immovable property
2. Lease of immovable property from year to year or for any term exceeding
one year or reserving a yearly rent.
3. Instruments which create or extinguish any right or title to or in an
immovable property of a value of more than one hundred rupees.

“Immovable property includes: “Land, buildings, hereditary allowances, rights

to ways, lights, fisheries or any other benefit to arise out of land, and things
attached to the earth, or permanently fastened to any thing which is attached to
the earth, but not standing timber, growing crops nor grass.”
Under section 49 of the above act, if the registration of the above transactions
are not made the transactions are to be treated as a null and void.

Wakf Land

Wakf is a permanent dedication of movable or immovable properties for

religious, pious or charitable purposes as recognized by Muslim Law. 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.

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.4

4
www.lands of maharashtra.com
SURPLUS LAND ENQUIRY AND DECLARATION
BY COLLECTOR
S.12 of the Act provides that if any person or family unit-
(a) has, after September 26, 1970, but before October 2, 1975, held,
Explain surplus land,or
(b) on or after October 2, 1975, acquires, holds or comes into possession of
any land (including exempted land) which is in excess of the ceiling area, or
(C)whose land is converted into another class of land in circumstances
referred to in S. 11-A (above),
Such person or any member of the family unit, as the case may be, must
furnish to the Collector, a return in the prescribed form, containing
Particulars of all the land held by such a person or family unit. Such a
return must be filed: within one month from October 2,1975, in cases falling
under clause (a) above; within one month from the date of taking possession of
any land in excess of the ceiling area, in cases under clause (b) above and;
within three months of the date of conversion in case under clause (c) above in
cases falling. In the case of a minor or a lunatic, such a return can be furnished
to his guardian. In case of any person under a disability,filed by his authorised
agent. If any person or a member of a family who is required to furnish a return
dies, then such a return can be filed by his heir or by any other member of the
family unit, as the case may be.
The State Government can extend the above time limits for furnishing returns
by an order published in the Official Gazette. (S. 12A). if any person or a
member of a family unit required as above to file the return can be-
(a) fails to do so within the prescribed period without
reasonable cause, or
(b) furnishes a return which he knows, or has reason to believe, to
be false he becomes liable to pay a penalty of not more than 100 in cases falling
under (a) above, and a penalty of not more than 500 in cases under (b)
above. (S. 13)
S. 14 of the Act deals with power of the Collector to hold an enquiry.
It provides that after the expiry of the period referred to in S. 12 (above),
the Collector may either suo motu (that is, on his own) or on the basis of
the returns submitted to him, hold an enquiry in respect of any person
holding land in excess of the ceiling area and determine the quantum of
surplus land held by such a person or family unit.
For the purpose of holding such an enquiry, the Collector must cause
a public notice to be given in the prescribed form at convenient
places where the land is situate, calling upon all interested persons to
submit their objections to him within a period fifteen days from the
date of
publication of the notice. He must also serve a similar notice on the
holder of the land and all persons known or believed to be interested in
the land, calling upon them to appear before him at a time and place
stated in the notice, not being less than fifteen days from the date of issue
of the notice. (S. 17)
Under S. 18 of the Act, at the time of the hearing, the Collector must,
after hearing the holder and other interested persons who are present
and after going through the evidence which is adduced, consider the
following thirteen matters, namely,
(a) the total area of the land which was held by the holder
on September 26, 1970;
(b) whether any land transferred between September 26, 1970
and October 2,1975, or any land partitioned after September 26,
1970, should be considered or ignored in calculating the ceiling
area;
[c]whether the holder has any share in the land held by a family or
held or operated by a co-operative society or held jointly with
others or held as a partner in a firm, and if so, the extent of
such a share;
(d) the total area of the land held by the holder on October 2, 1975;
[e] whether any transfer or partition of the land was made by the
holder in contravention of the provisions of this Act, and
whether such transferred or partitioned land should be
considered or ignored when calculating the ceiling area;
(f) whether any land has been acquired or possessed on or
after October 2, 1975 by transfer or partition;
(g)whether any land has been acquired on or after October 2,
1975 by testamentary disposition, devolution on death or by
operation of law;
(h) the total area of land held at the time of the inquiry and
the area of the land which the holder is entitled to hold;
(i)whether any land is held by the holder as tenant, and if so,
whether his landlord has a subsisting right of resumption of the
land for personal cultivation under the applicable tenancy
laws;
(j) whether any land held by the holder is to be forfeited to the
government under the provisions of the Act or is to be
deemed to be surplus land under the Act
(k) whether the proposed retention of land by the holder is
in conformity with S. 16 of the Act;
(l)which particular lands of the total land held by the holder should be
delimited as "surplus land";
(m) and any other matter which, in the opinion of the Collector, is necessary to
be considered for the purpose of calculating the ceiling area and delimiting
any surplus land. 5

5
Prof. H.D.Pithawalla, land laws, edition 2023, C.Jamnadas &co. Publications. Pg no. 71 to 73.
CONCLUSION

It can be concluded that discussion on ceiling on land holdings helps in

developing a relevant approach about the land distribution prospect.
Significant studies on ceiling on land holding hold different meanings in
terms of different properties. It can be concluded that legislation related to
ceiling on land holdings focuses on different aspects in terms of land
distribution properties. .
BIBLIOGRAPHY

1. www.landsofmaharashtra.com

2. www.unacademy.com

3. Prof. H.D.Pithawalla, land laws, edition 2023, C.Jamnadas

&co. Publications. Pg no. 62 to 67.

4. Prof. H.D.Pithawalla, land laws, edition 2023, C.Jamnadas

&co. Publications. Pg no. 71 to 73.