POWERS AND FUNCTIONS OF GRAM MANDAL

Power of Mandal to cancel lease, etc.

§30

Summary

(1) Where any lessee from the Gram Mandal,- (a) transfers his interest in the land in contravention of the provision of clause (b) of sub-section (1) of section 27, or (b) fails to pay any dues in respect of the land leased to him, or (c) fails to cultivate the land for two consecutive years, the Gram Mandal may make an application to the Collector, for cancelling the lease, and if he is in possession thereof, for the eviction of the lessee therefrom ; and thereupon, the Collector may, after making such inquiry as he deems fit and after giving the lessee an opportunity to be heard, cancel the lease, or as the case may be, pass an order of eviction, and in the latter case, restore possession of the land to the Gram Mandal after ejecting the lessee or any other person found in possession of the land : Provided that, the right of any person who is in lawful possession of such land shall not be affected thereby. (2) Any order restoring possession of the land under this section shall be executed by the Mamlatdar or Tahsildar within whose jurisdiction the land is situate in the manner provided in section 21 of the Mamlatdars' Courts Act, 1906 (Bom. II of 1906), as if it were the decision of the Mamlatdar under that Act. (3) Notwithstanding anything contained in sub-section (1), the Collector may instead of cancelling the lease or ordering his eviction on any of the grounds falling under clause (b) or clause (c) of that sub-section, by order direct the Gram Mandal to assume management of the land in such manner, and for such period as he may specify; and make such further order as he may think fit for enabling the Gram Mandal to assume management of the land. (4) In any case where the management of any land is assumed under sub-section (3), the Gram Mandal shall, in such manner and at such intervals as may be prescribed, pay to the lessee the surplus income, if any, derived from the land during the period of management after deducting all amounts due to the Gram Mandal from the lessee on account of land revenue, rent, cesses, rates, taxes and other dues and on account of incumbrances, if any. (5) Any person aggrieved by any order of the Collector under this section may file an appeal to the Commissioner within forty-five days of the order. The Commissioner may, after giving the parties an opportunity of being heard, pass such order on appeal as he thinks just and proper. Subject to the decision of the Commissioner, every order of the Collector made under this section shall be final.

(1) Where any lessee from the Gram Mandal,- (a) transfers his interest in the land in contravention of the provision of clause (b) of sub-section (1) of section 27, or (b) fails to pay any dues in respect of the land leased to him, or (c) fails to cultivate the land for two consecutive years, the Gram Mandal may make an application to the Collector, for cancelling the lease, and if he is in possession thereof, for the eviction of the lessee therefrom ; and thereupon, the Collector may, after making such inquiry as he deems fit and after giving the lessee an opportunity to be heard, cancel the lease, or as the case may be, pass an order of eviction, and in the latter case, restore possession of the land to the Gram Mandal after ejecting the lessee or any other person found in possession of the land : Provided that, the right of any person who is in lawful possession of such land shall not be affected thereby. (2) Any order restoring possession of the land under this section shall be executed by the Mamlatdar or Tahsildar within whose jurisdiction the land is situate in the manner provided in section 21 of the Mamlatdars' Courts Act, 1906 (Bom. II of 1906), as if it were the decision of the Mamlatdar under that Act. (3) Notwithstanding anything contained in sub-section (1), the Collector may instead of cancelling the lease or ordering his eviction on any of the grounds falling under clause (b) or clause (c) of that sub-section, by order direct the Gram Mandal to assume management of the land in such manner, and for such period as he may specify; and make such further order as he may think fit for enabling the Gram Mandal to assume management of the land. (4) In any case where the management of any land is assumed under sub-section (3), the Gram Mandal shall, in such manner and at such intervals as may be prescribed, pay to the lessee the surplus income, if any, derived from the land during the period of management after deducting all amounts due to the Gram Mandal from the lessee on account of land revenue, rent, cesses, rates, taxes and other dues and on account of incumbrances, if any. (5) Any person aggrieved by any order of the Collector under this section may file an appeal to the Commissioner within forty-five days of the order. The Commissioner may, after giving the parties an opportunity of being heard, pass such order on appeal as he thinks just and proper. Subject to the decision of the Commissioner, every order of the Collector made under this section shall be final.

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