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

§29

Summary

(1) Without the previous sanction of the Collector, no land granted under section 27 or granted to a joint farming society under section 28, shall be - (a) transferred, whether by way of sale (including sale in execution of a decree of a civil court or of an award or order of any competent authority) or by way of gift, mortgage, exchange, lease or otherwise; or (b) divided whether by partition or otherwise, and whether by a decree or order of a civil court or any other competent authority, such sanction shall not be given otherwise than in such circumstances, and on such conditions 1[including condition regarding payment of premium or nazarana to the State Government], as may be prescribed : 2[Provided that, no such sanction shall be necessary where land is to be leased by a serving member of the armed forces or where the land is to be mortgaged as provided in sub-section (4) of section 36 of the Code for raising a loan for effecting any improvement of such land.] (2) If sanction is given by the Collector to any transfer or division under sub-section (1) subsequent transfer or division of land shall also be subject to the provisions of sub-section (1). (3) Any transfer or division of land, and any acquisition thereof, in contravention of sub-section (1) or sub-section (2) shall be invalid; and as a penalty therefor, any right, title and interest of the transferor and transferee in or in relation to such land shall, after giving him an opportunity to show cause, be forfeited by the Collector and shall without further assurance vest in the State Government : 3[Provided that, after the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2018 (Mah. LXXI of 2018), no such land shall be forfeited by the Collector for contravention of the provisions of sub-section (1) of sub-section (2), as the case may be, if the transferor, transferee or any other person interested in such land makes the payment of 4[an amount of seventy five per cent., of the market value of such land ascertained as per the current Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995.]: 5* * * 6[(4) On payment of the amount referred to in the first proviso to sub-section (3),- (i) no further proceedings for violation of the provisions of sub-section (1) or sub-section (2) shall be initiated ; (ii) where the proceedings are already initiated before the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2018 (Mah. LXXI of 2018), such proceedings shall abate and the Collector shall make an order to that effect.]

(1) Without the previous sanction of the Collector, no land granted under section 27 or granted to a joint farming society under section 28, shall be - (a) transferred, whether by way of sale (including sale in execution of a decree of a civil court or of an award or order of any competent authority) or by way of gift, mortgage, exchange, lease or otherwise; or (b) divided whether by partition or otherwise, and whether by a decree or order of a civil court or any other competent authority, such sanction shall not be given otherwise than in such circumstances, and on such conditions 1[including condition regarding payment of premium or nazarana to the State Government], as may be prescribed : 2[Provided that, no such sanction shall be necessary where land is to be leased by a serving member of the armed forces or where the land is to be mortgaged as provided in sub-section (4) of section 36 of the Code for raising a loan for effecting any improvement of such land.] (2) If sanction is given by the Collector to any transfer or division under sub-section (1) subsequent transfer or division of land shall also be subject to the provisions of sub-section (1). (3) Any transfer or division of land, and any acquisition thereof, in contravention of sub-section (1) or sub-section (2) shall be invalid; and as a penalty therefor, any right, title and interest of the transferor and transferee in or in relation to such land shall, after giving him an opportunity to show cause, be forfeited by the Collector and shall without further assurance vest in the State Government : 3[Provided that, after the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2018 (Mah. LXXI of 2018), no such land shall be forfeited by the Collector for contravention of the provisions of sub-section (1) of sub-section (2), as the case may be, if the transferor, transferee or any other person interested in such land makes the payment of 4[an amount of seventy five per cent., of the market value of such land ascertained as per the current Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995.]: 5* * * 6[(4) On payment of the amount referred to in the first proviso to sub-section (3),- (i) no further proceedings for violation of the provisions of sub-section (1) or sub-section (2) shall be initiated ; (ii) where the proceedings are already initiated before the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2018 (Mah. LXXI of 2018), such proceedings shall abate and the Collector shall make an order to that effect.]

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