Exempted lands.

§47

Summary

1[47. Exempted lands.- (1) 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 a 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 ; 2[(e) land held by a bank or a co-operative society as security for recovery of its dues. Explanation.- For the purposes of clause (e),- (1) "bank" means,- (i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949); (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955); (iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); (vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963 (10 of 1963); (vii) an Agro-Industries Corporation; (viii) the Agriculture Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (I of 1956); (2) "Co-operative society" means a co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), and includes a co-operative land development bank.] (2) Subject to any rules made in this behalf, the State Government may, after such inquiry as it deems fit, by an order in the Official Gazette, exempt from the provisions of this Act, any of the following lands on such terms and conditions including the extent of area to be exempted as may be specified in the order, namely :- (a) land held before the 26th day of September 1970 by a public trust 3[or a wakf] the major portion of the income of such land being appropriated for the purpose of education or medical relief or both or where the major portion of the income is not so appropriated but an undertaking in the prescribed form is given within six months of the commencement date (or within such further period as the State Government may allow in that behalf) to the Collector, that the major portion of the income of such land will, within a period of two years from the date of publication of the order granting exemption be appropriated for those purposes ; (b) and held before the 26th day of September 1970, by any person for stud farm or 4[by any public trust or wakf for] panjarpol or gaushala; 5* * * 6[(bb) land held before the 26th day of September 1970, by a public limited company, a public trust or a wakf for the purpose of breeding of cattle or sheep : Provided that, nothing in this clause shall apply to land used for raising of garden produce or crops (other than grass or fodder crop) any time during a continuous period of three years before 26th day of September 1970, or to land which is not being used with the object of improvement of indigenous or local breed of cattle or sheep. The decision of the State Government on the question whether or not any lands falls within this proviso shall be final and conclusive and shall not be called in question in any civil court ; 7[(c) land which is held, or to be acquired in any manner, by an industrial undertaking or a public trust or a firm or a company for a bona fide industrial or other non-agricultural use, including an integrated township project declared under section 18 or 44, as the case may be, of the Maharashtra Regional and Town Planning act, 1966 (Mah. XXXVII of 1966). In considering whether such land is so held or to be acquired, the State Government shall have regard to the following considerations, that is to say,- (i) the extent and location of the land, if any, already held by the undertaking or a public trust or a firm or a company (including any land which it may already hold for industrial or non-agricultural use) ; (ii) the extent of land held by the person from whom it is to be acquired.] (3) No land shall continue to be exempt,- (a) under the provisions of sub-section (1) after it ceases to answer to any of the descriptions as specified in that sub-section ; (b) under the provisions of sub-section (2), after it ceases to answer to any of the descriptions as specified in that sub-section, or if there is any breach of the condition subject to which exemption was granted in respect of that land; and upon so ceasing to be exempted land, the provisions of this Act shall apply to such land as they apply in relation to other land, but with the modifications that the return to be submitted under section 12 shall be submitted within three months, from the date on which the land ceases to be exempted. (4) If any question arises as to whether there is a breach of any condition imposed in any case under sub-section (2), the State Government shall decide the same after giving an opportunity to the party interested of being heard, and the decision of the State Government shall be final. (5) No land, which immediately before the commencement date was exempted land, shall subject to the provisions of sub-sections (1) and (2), continue to be exempted land after such commencement date, and, upon such land ceasing to continue to be exempted land, the provisions of sub-section (3) shall mutatis mutandis apply but with the modification that the return to be submitted under section 12 shall be submitted within 8[three months] from the commencement date.

1[47. Exempted lands.- (1) 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 a 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 ; 2[(e) land held by a bank or a co-operative society as security for recovery of its dues. Explanation.- For the purposes of clause (e),- (1) "bank" means,- (i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949); (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955); (iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); (vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963 (10 of 1963); (vii) an Agro-Industries Corporation; (viii) the Agriculture Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (I of 1956); (2) "Co-operative society" means a co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), and includes a co-operative land development bank.] (2) Subject to any rules made in this behalf, the State Government may, after such inquiry as it deems fit, by an order in the Official Gazette, exempt from the provisions of this Act, any of the following lands on such terms and conditions including the extent of area to be exempted as may be specified in the order, namely :- (a) land held before the 26th day of September 1970 by a public trust 3[or a wakf] the major portion of the income of such land being appropriated for the purpose of education or medical relief or both or where the major portion of the income is not so appropriated but an undertaking in the prescribed form is given within six months of the commencement date (or within such further period as the State Government may allow in that behalf) to the Collector, that the major portion of the income of such land will, within a period of two years from the date of publication of the order granting exemption be appropriated for those purposes ; (b) and held before the 26th day of September 1970, by any person for stud farm or 4[by any public trust or wakf for] panjarpol or gaushala; 5* * * 6[(bb) land held before the 26th day of September 1970, by a public limited company, a public trust or a wakf for the purpose of breeding of cattle or sheep : Provided that, nothing in this clause shall apply to land used for raising of garden produce or crops (other than grass or fodder crop) any time during a continuous period of three years before 26th day of September 1970, or to land which is not being used with the object of improvement of indigenous or local breed of cattle or sheep. The decision of the State Government on the question whether or not any lands falls within this proviso shall be final and conclusive and shall not be called in question in any civil court ; 7[(c) land which is held, or to be acquired in any manner, by an industrial undertaking or a public trust or a firm or a company for a bona fide industrial or other non-agricultural use, including an integrated township project declared under section 18 or 44, as the case may be, of the Maharashtra Regional and Town Planning act, 1966 (Mah. XXXVII of 1966). In considering whether such land is so held or to be acquired, the State Government shall have regard to the following considerations, that is to say,- (i) the extent and location of the land, if any, already held by the undertaking or a public trust or a firm or a company (including any land which it may already hold for industrial or non-agricultural use) ; (ii) the extent of land held by the person from whom it is to be acquired.] (3) No land shall continue to be exempt,- (a) under the provisions of sub-section (1) after it ceases to answer to any of the descriptions as specified in that sub-section ; (b) under the provisions of sub-section (2), after it ceases to answer to any of the descriptions as specified in that sub-section, or if there is any breach of the condition subject to which exemption was granted in respect of that land; and upon so ceasing to be exempted land, the provisions of this Act shall apply to such land as they apply in relation to other land, but with the modifications that the return to be submitted under section 12 shall be submitted within three months, from the date on which the land ceases to be exempted. (4) If any question arises as to whether there is a breach of any condition imposed in any case under sub-section (2), the State Government shall decide the same after giving an opportunity to the party interested of being heard, and the decision of the State Government shall be final. (5) No land, which immediately before the commencement date was exempted land, shall subject to the provisions of sub-sections (1) and (2), continue to be exempted land after such commencement date, and, upon such land ceasing to continue to be exempted land, the provisions of sub-section (3) shall mutatis mutandis apply but with the modification that the return to be submitted under section 12 shall be submitted within 8[three months] from the commencement date.

← Previous Section Next Section →

Explore this Chapter