Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
WHEREAS, for securing the distribution of agricultural land as best to subserve the common good, it is expedient in the public interest to impose a maximum limit (or ceiling) on the holding of agricultural land in the State of Maharashtra, to provide for the acquisition of land in excess of the ceiling, and for the distribution thereof to landless and other persons; also to provide that the lands taken over from undertakings and the integrity of which is maintained in compact blocks for ensuring the full and efficient use of the land for agriculture and its efficient management through corporations (including a company) owned or controlled by the State, be granted to such corporations or Company; and for matters connected with the purposes aforesaid; It is hereby enacted in the Twelfth Year of the Republic of India as follows
PRELIMINARY
CHAPTER 1
1. Short title, extent and commencement.--
1) This Act may be called the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
2) It extends to the whole of the State of Maharashtra.
3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint.
2. Definitions.-- In this Act, unless the context otherwise requires,--
1. "agriculture" includes-- (a.) horticulture,
(b.) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(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,
2. [Deleted]
but does not include the cutting of wood only;
3. "agriculturist'' means a person who cultivates land personally;
(3A) Amending Act, 1972" means the Maharashtra, Agricultural Lands (Lowering of Ceiling on Holdings) and Amendment) Act, 1972;
4. "appointed day" means the day on which this Act comes into force;
5. "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;
(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);
(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 unassured water 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 Sironcha Talukas of the Chandrapur District and which is under paddy cultivation for a continuous period of three years immediately preceding the commencement date;
(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,--
(1) 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;
(5A) "Code" means the Maharashtra Land Revenue Code, 1966;
6. "Collector" includes an Additional Collector, and an Assistant or Deputy Collector exercising the powers or discharging the duties of a Collector under the Code, and also any other officer not below the rank of an Assistant or Deputy Collector, especially empowered by the State Government to-exercise the powers and perform the functions of the Collector by or under this Act;
(6A) "commencement date" means the 2nd day of October 1975;
7. "Commissioner" includes an Additional Commissioner;
8. "to cultivate" with its grammatical variations and cognate expressions means to till or husband land for the purpose of raising or improving agricultural produce whether by manual labour or with the use of cattle or by machinery, or to carry on any agricultural operation thereon;
Explanation.-- A person who enters into a contract to cut grass on any land shall not on that account only be taken to cultivate such land;
9. "to cultivate personally" means to cultivate land on a person''s own account
(i.) by his own labour, or
(ii.) by the labour of any member of his family, or
(iii.) by hired labour, or by servants on wages, payable in cash or kind (but not in crop share under the personal supervision of himself or any member of his family;
Explanation I.-- A person under disability shall be deemed to cultivate personally if he cultivates through his servants, or by hired labour; -
Explanation II.-- In the case of joint family, land shall be deemed to be cultivated personally if it is so cultivated by any member of such family;
10. "exempted land" means land exempted from the provisions of this Act under section 47;
11. "family" includes, a Hindu undivided family, and in the case of other persons a group unit the members of which by custom or usage, are joint in estate of or possession or residence;
(11-A) "family unit" means a family unit as explained in section 4;
12. "farming society" means a society registered or deemed to be registered as such under any law for the lime being in force relating to the registration of co- operative societies;
13. "fragment" has the meaning assigned to it in section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947;
14. "to hold land", with its grammatical variations and cognate expressions means to be lawfully in actual possession of land owner or as tenant and "holding" shall be construed accordingly;
15. "joint farming society" means a joint farming society (registered or deemed to be registered as such, under any law for the time being in force relating to the registration of cooperative societies) the members of which cultivate jointly the land held by the members or by the society;
16. "land" means land which is used, or capable of being used for purposes of agriculture and includes--
(a.) the sites of farm buildings on, or appurtenant to such land; (b.) land on which grass grows naturally;
(c.) trees and standing crops on such land;
(d.) canals, channels, wells, pipes or reservoirs or other works constructed or maintained on such land for the supply or storage of water for the purpose of agriculture; -
(e.) drainage-works, embankments, bandharas or any other works appurtenant to such land, or constructed or maintained thereon for the purposes of agriculture; and all structures and permanent fixtures on such land;
17. "landless person" means a person who does not hold any land or who holds land for the purpose of agriculture not in excess of one hectare of dry crop land (or irrigated load proportionately converted in the manner provided in section 5) and earns his livelihood principally by manual labour on agricultural land in either case;
18. [Deleted;]
19. "Maharashtra Revenue Tribunal" means the Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957;
20. [Deleted;]
21. "owner", in relation to any land, includes the person holding the land as occupant, or superior holder as defined in the Code, or as lessee of Government, a mortgagee-in-possession, and a person holding land for his maintenance;
22. ''person" includes a family;
23. "person under disability" means-- (a.) a widow, or
(b.) a minor, or
(c.) a woman, who is unmarried, or who if married is divorced or judicially separated from her husband, or whose husband is a person who is serving member of the Armed Forces or falls under item (d), or
(d.) a person who by reason of some mental or physical disability is incapable of...
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