LAND REFORM ACTS IN MAHARASHTRA

1. LAND REFORM ACTS IN MAHARASHTRA Presented By Sachin Kalantre Registrar & Deputy Collector Sachin Kalantre

2. 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Bombay Tenancy And Agricultural Lands Act, 1948 • The Maharashtra Restoration Of Land To Scheduled Tribes Act 1974 ( repealed in 2004) • Bombay Prevention Of Fragmentation & Consolidation Of Holdings Act 1947 Sachin Kalantre

3. 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 Sachin Kalantre

4. 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. Sachin Kalantre

5. To Achieve these objectives the law facilitates • Acquisition of excess land • Distribution of excess land in order of priority

6. 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 Important Dates The Ceiling area operates both prospectively and retrospectively. The retrospective effect was however limited to the dates as shown above. Sachin Kalantre

7. 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 Sachin Kalantre

8. 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; Sachin Kalantre

9. 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); Sachin Kalantre

10. 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 unassuredwater 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 SironchaTalukas of the ChandrapurDistrict and which is under paddy cultivation for a continuous period of three years immediately preceding the commencement date; Sachin Kalantre

11. 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,— 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; Sachin Kalantre

12. a) Assured supply of water for irrigation and capable of yielding at least two crops 18 acre ( 7.28 H) b) No assured personnel supply but has an assured supply of water for only one crop in a year. 27 acre (10.92 H) c) Seasonal supply of irrigation water which is given under water sanctions 36acre (14.56 H) d) Dry crop land Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri and Bhandara and in the Brahmapuri, Gadchiroli and SironchaTalukas of the Chandrapur District 36acre (14.56H) 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 Sachin Kalantre

13. Determination /Calculation of Ceiling Area Sec. 3(2) Area of land held inany 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. Sachin Kalantre

14. 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), Sachin Kalantre

15. 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. Sachin Kalantre

16. 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. Sachin Kalantre

17. Section - 6 Family unit consists of more than five members Total holding should not be more than twice the ceiling area Each member can hold additional area to the extent of 1/5 of ceiling area Sachin Kalantre

18. 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 Sachin Kalantre

19. 8 restriction on transfer 9 restriction on acq in excess of ceiling area 10 consequence of transfer 11 restriction on Partition Sachin Kalantre

20. 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. Sachin Kalantre

21. 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. Sachin Kalantre

22. 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. Sachin Kalantre

23. 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 Sachin Kalantre

24. 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. Sachin Kalantre

25. 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. Sachin Kalantre

26. Compensations 22. Payment of compensation 23. Quantum of compensation 24. Collector to give notice calling upon interested persons to submit claims tocompensation. 25. Determination of compensation and apportionment thereof 26. Mode of payment of amount of compensation. Sachin Kalantre

27. 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. Sachin Kalantre

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

29. 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. Sachin Kalantre

30. 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. • The audit of the account of the said Trust shall not remain in arrears for more than two years. • The trust shall developed land and put it to use within a period of 4 years. • The trust shall undertake to plant 20 trees per hector. • The trust shall undertake programme of production of good cattle in consultation with the Animal Husbandry Dept. Sachin Kalantre

31. VIOLATIONS MADE BY TRUSTS • Lands were sold by the trust. • Returns u/s 12 of the act are not submitted. • Audited accounts are not submitted • Income is being used for purposes other than exemption Sachin Kalantre

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

33. 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. " Sachin Kalantre

34. 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.Lakhsof hectares of land was acquired and distributed to landless people by executing the ceiling Act. Sachin Kalantre

35. 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 Sachin Kalantre

36. Bombay Tenancy and Agricultural Lands Act 1948 • ( For Kokan and Pune region) • Bombay Tenancy and Agricultural Lands Act 1958 ( for Vidharbha Region) • Hyderabad Tenancy and Agricultural Act ,1950 • (For Marathwada region) Sachin Kalantre

37. THE BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 • Objects : • To improve economic, social conditions of peasants. • Full and efficient use of land for agriculture. Sachin Kalantre

38. 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. Sachin Kalantre

39. 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 . Sachin Kalantre

40. Sec. 2(16) • “To Cultivate Personally”: means to cultivate land on one’s own account • by one’s own labour or • by the labour of any member of one’s family or • 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. Sachin Kalantre

41. 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 Sachin Kalantre

42. 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 Sachin Kalantre

43. 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 Sachin Kalantre

44. Sec. 63of 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 • No sale, gift, exchange or lease of any land or interest there in, or • 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/- Sachin Kalantre

45. 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. Sachin Kalantre

46. 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. Sachin Kalantre

47. Sec 63 (1) (A) – Transfer to non-agriculturist for bona fide industrial use • 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. Sachin Kalantre

48. 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 Sachin Kalantre

49. 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 Sachin Kalantre

50. 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