Distribution of surplus land.

§27

Summary

1[27. Distribution of surplus land.- (1) Subject to any rules made in this behalf, land (other than grazing land or tank land or land notified by the State Government as not capable or being disposed of for cultivation) which is acquired by and vests in the State Government under section 21 shall, subject to the provisions of the Code, be granted by the Collector or any other officer authorised in this behalf by the State Government in the order of priority set out in sub-sections (2), (3), (4), and (5). (2) Where the surplus land belonged to a holder, who at any time before the commencement date, by resuming land from his tenant for personal cultivation under any tenancy law, has rendered that tenant landless, the surplus land shall first be offered to that tenant. (3) Where any part of the holding of a person which consist of one or more compact blocks is declared as surplus land under this Act, then such surplus land- (a) shall first be offered to the landlord who had leased the land to the such person and such landlord has not exercised his right of resumption under the relevant tenancy law or under section 19; and (b) then to a person, who being previously employed on the compact block as an agricultural labourer or as technical or other staff engaged on or in relation to the agricultural produce raised or grown thereon, has been rendered unemployed as a result of the land of such block being declared surplus land. (4) Thereafter fifty per cent. of the surplus land (excluding lands referred to in sub-sections (2) and (3) shall be reserved for distribution to landless persons belonging to the Scheduled Castes, Scheduled Tribes (whether residing in the Scheduled area or not) and landless persons belonging to such nomadic tribes, vimtukta Jatis and backward classes as may be notified by the State Government from time to time, and land so reserved shall be granted to such persons in accordance with the rules made in this behalf. Such rules may provide for fixing priorities. (5) Thereafter, all surplus land (including surplus land which has not been granted under sub-sections (2) and (3) shall be offered in the following order of priority, that is to say,- (i) a person from whom any land has been resumed by his landlord for personal cultivation under any tenancy law, and who in consequence thereof has been rendered landless, provided that such person is a resident of the village in which the surplus land for distribution is situate or within eight kilometers thereof; 2[(ia) A non-Tribal-transferee whose land (being land of a Tribal transferor transferred to the non-Tribal-transferee) has been restored to the Tribal-transferor under the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XIV of 1975), and who holds no other land who earns his livelihood principally by manual labour on agricultural land. Explanation.- For the purposes of this clause, the expressions "non-Tribal-transferee" and "Tribal-transferor" shall have the meanings respectively assigned to them in the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XIV of 1975); (ii) a person who had leased his land to any undertaking referred to in section 28 provided that, such person is a resident of the taluka in which the surplus land for distribution is situate, the net annual income of such person from all sources does not exceed four thousand rupees, and such person has not been granted any land under section 28-IAA; (iii) serving members of the armed forces, and ex-servicemen, or where any such person dies before any land being granted to him by Government under this Act or any law of the time being in force or any executive orders, then his dependants; (iv) landless persons : Provided that, if there are persons having the same order of priority, then the person who is a resident within eight kilometers of the outer limit of the village in which the surplus land for distribution is situated should be preferred : 3[Provided further that, where the surplus land was previously held by a joint farming or a farming society, it shall first be offered to the person whom the society undertakes to take as its member and such person becomes the member of the society.] (6) Where the Collector, or the authorised officer, has to select under sub-sections (2), (3) and (5), one or more grantees from persons having the same order of priority, the selection shall be made by him by drawing lots : Provided that, if among such persons having the same order of priority, there are serving members of the armed forces or ex-servicemen or their dependents, they should be preferred, so that, where their number is equal to or less than the number of grantees to be selected, all of them shall be selected as grantees; and where their number is more than the number of grantees to be selected, the selection shall be made by drawing lots from amongst them. (7) While granting land under this section, the Collector or the authorised officer shall ensure that as far as possible the total land held by the person after granting does not exceed one hectare of land falling under sub-clause (a) of clause (5) of section 2 or one and half hectares of land falling under sub-clause (b) of that clause or two hectares of land falling under sub-clause (c) or (d) of that clause, or three hectares of land falling under sub-clause (e) of that clause. (8) Where land used for the purposes of horticulture vests in the State Government under section 21, it shall be granted on the condition that land shall continue to be used for that purpose even after the grant. (9) Where land which vests in the State Government under section 21 is grazing land or tank land or land notified under sub-section (1), the State Government may dispose it of in such manner as it thinks fit. (10) The occupancy price payable in respect of surplus land granted as aforesaid shall be equal to the amount of compensation calculated under clause (a) or clause (b), and clauses (c) and (f) of section 23 for that land, irrespective of the actual amount of compensation awarded therefor; and may be paid by the grantee in annual instalments not exceeding fifteen,the first instalment being payable at any time within two years from the date of taking possession of the land, with option to pay any or all instalments before the due date. Where the occupancy price is paid in instalments, simple interest at the rate of three per cent. per annum shall be payable on the amount of the occupancy price remaining unpaid : Provided that, when the compensation for the surplus land includes the cost of cultivation of the standing crop on such land, and if, when the land is granted there is no crop on the land, the occupancy price payable under this sub-section by the grantee of such land shall be reduced by an amount equal to the cost of cultivation of the standing crop. Explanation.- For the purposes of this section- (a) a serving member of the armed forces means a serving member of the armed forces of the Union; (b) an ex-serviceman means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion, or who has not been attested); (c) a dependant in relation to any such serving member or ex-servicemen means his widow, son, sons son, unmarried daughter, father or mother-in that order, whose gross annual income for the year immediately preceding the month in which surplus land is granted under this section does not exceed 4[Rs.12,000]; (d) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes, as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India; (e) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India].

1[27. Distribution of surplus land.- (1) Subject to any rules made in this behalf, land (other than grazing land or tank land or land notified by the State Government as not capable or being disposed of for cultivation) which is acquired by and vests in the State Government under section 21 shall, subject to the provisions of the Code, be granted by the Collector or any other officer authorised in this behalf by the State Government in the order of priority set out in sub-sections (2), (3), (4), and (5). (2) Where the surplus land belonged to a holder, who at any time before the commencement date, by resuming land from his tenant for personal cultivation under any tenancy law, has rendered that tenant landless, the surplus land shall first be offered to that tenant. (3) Where any part of the holding of a person which consist of one or more compact blocks is declared as surplus land under this Act, then such surplus land- (a) shall first be offered to the landlord who had leased the land to the such person and such landlord has not exercised his right of resumption under the relevant tenancy law or under section 19; and (b) then to a person, who being previously employed on the compact block as an agricultural labourer or as technical or other staff engaged on or in relation to the agricultural produce raised or grown thereon, has been rendered unemployed as a result of the land of such block being declared surplus land. (4) Thereafter fifty per cent. of the surplus land (excluding lands referred to in sub-sections (2) and (3) shall be reserved for distribution to landless persons belonging to the Scheduled Castes, Scheduled Tribes (whether residing in the Scheduled area or not) and landless persons belonging to such nomadic tribes, vimtukta Jatis and backward classes as may be notified by the State Government from time to time, and land so reserved shall be granted to such persons in accordance with the rules made in this behalf. Such rules may provide for fixing priorities. (5) Thereafter, all surplus land (including surplus land which has not been granted under sub-sections (2) and (3) shall be offered in the following order of priority, that is to say,- (i) a person from whom any land has been resumed by his landlord for personal cultivation under any tenancy law, and who in consequence thereof has been rendered landless, provided that such person is a resident of the village in which the surplus land for distribution is situate or within eight kilometers thereof; 2[(ia) A non-Tribal-transferee whose land (being land of a Tribal transferor transferred to the non-Tribal-transferee) has been restored to the Tribal-transferor under the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XIV of 1975), and who holds no other land who earns his livelihood principally by manual labour on agricultural land. Explanation.- For the purposes of this clause, the expressions "non-Tribal-transferee" and "Tribal-transferor" shall have the meanings respectively assigned to them in the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Mah. XIV of 1975); (ii) a person who had leased his land to any undertaking referred to in section 28 provided that, such person is a resident of the taluka in which the surplus land for distribution is situate, the net annual income of such person from all sources does not exceed four thousand rupees, and such person has not been granted any land under section 28-IAA; (iii) serving members of the armed forces, and ex-servicemen, or where any such person dies before any land being granted to him by Government under this Act or any law of the time being in force or any executive orders, then his dependants; (iv) landless persons : Provided that, if there are persons having the same order of priority, then the person who is a resident within eight kilometers of the outer limit of the village in which the surplus land for distribution is situated should be preferred : 3[Provided further that, where the surplus land was previously held by a joint farming or a farming society, it shall first be offered to the person whom the society undertakes to take as its member and such person becomes the member of the society.] (6) Where the Collector, or the authorised officer, has to select under sub-sections (2), (3) and (5), one or more grantees from persons having the same order of priority, the selection shall be made by him by drawing lots : Provided that, if among such persons having the same order of priority, there are serving members of the armed forces or ex-servicemen or their dependents, they should be preferred, so that, where their number is equal to or less than the number of grantees to be selected, all of them shall be selected as grantees; and where their number is more than the number of grantees to be selected, the selection shall be made by drawing lots from amongst them. (7) While granting land under this section, the Collector or the authorised officer shall ensure that as far as possible the total land held by the person after granting does not exceed one hectare of land falling under sub-clause (a) of clause (5) of section 2 or one and half hectares of land falling under sub-clause (b) of that clause or two hectares of land falling under sub-clause (c) or (d) of that clause, or three hectares of land falling under sub-clause (e) of that clause. (8) Where land used for the purposes of horticulture vests in the State Government under section 21, it shall be granted on the condition that land shall continue to be used for that purpose even after the grant. (9) Where land which vests in the State Government under section 21 is grazing land or tank land or land notified under sub-section (1), the State Government may dispose it of in such manner as it thinks fit. (10) The occupancy price payable in respect of surplus land granted as aforesaid shall be equal to the amount of compensation calculated under clause (a) or clause (b), and clauses (c) and (f) of section 23 for that land, irrespective of the actual amount of compensation awarded therefor; and may be paid by the grantee in annual instalments not exceeding fifteen,the first instalment being payable at any time within two years from the date of taking possession of the land, with option to pay any or all instalments before the due date. Where the occupancy price is paid in instalments, simple interest at the rate of three per cent. per annum shall be payable on the amount of the occupancy price remaining unpaid : Provided that, when the compensation for the surplus land includes the cost of cultivation of the standing crop on such land, and if, when the land is granted there is no crop on the land, the occupancy price payable under this sub-section by the grantee of such land shall be reduced by an amount equal to the cost of cultivation of the standing crop. Explanation.- For the purposes of this section- (a) a serving member of the armed forces means a serving member of the armed forces of the Union; (b) an ex-serviceman means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion, or who has not been attested); (c) a dependant in relation to any such serving member or ex-servicemen means his widow, son, sons son, unmarried daughter, father or mother-in that order, whose gross annual income for the year immediately preceding the month in which surplus land is granted under this section does not exceed 4[Rs.12,000]; (d) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes, as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India; (e) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India].

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