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1
L. A. BILL No. LXXVI OF 2018.
A BILL
further to amend the Maharashtra Agricultural Lands (Ceiling on Holdings)
Act, 1961.
WHEREAS it is expedient further to amend the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961, for the purposes hereinafter appearing; it is hereby
enacted in the Sixty-ninth Year of the Republic of India, as follows :—
1.
This Act may be called the Maharashtra Agricultural Lands (Ceiling on
Holdings) (Amendment) Act, 2018.
2.
In section 29 of the Maharashtra Agricultural Lands (Ceiling on Holdings)
Act, 1961 (hereinafter referred to as “ the principal Act ”),—
(i) to sub-section (3), the following provisos shall be added, namely :—
“Provided that, after the commencement of the Maharashtra
Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2018, no such
land shall be forfeited by the Collector for contravention of the provisions
Mah.
XXVII of
1961.
Short title.
Mah.
XXVII of
1961.
Amendment of
section 29 of
Mah. XXVII of
1961.
Mah.
of 2018.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 28th
November 2018 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
RNI No. MAHBIL /2009/40123
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(1)
2
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of sub-section (1) or sub-section (2), as the case may be, if the transferor,
transferee or any other person interested in such land makes the payment
of such amount, as the State Government may, by order published in the
Official Gazette, specify:
Provided further that, the amount specified by the State Government
under the preceding proviso shall not exceed fifty 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.”;
(ii) after sub-section (3), the following sub-section shall be added,
namely :—
“ (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, such proceedings shall abate
and the Collector shall make an order to that effect. ”.
3.
(1) If any difficulty arises in giving effect to the provisions of the principal
Act, as amended by this Act, the State Government may, as occasion arises, by an
order published in the Official Gazette, do anything not inconsistent with the provisions
of the principal Act, as amended by this Act, which appears to it to be necessary or
expedient for the purpose of removing the difficulty :
Provided that, no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be,
after it is made, before each House of the State Legislature.
Power to
remove
difficulty.
Mah.
of 2018.
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STATEMENT OF OBJECTS AND REASONS
Sections 27 and 28 of the Maharashtra Agricultural Lands (Ceiling on Holdings)
Act, 1961 (Mah. XXVII of 1961) provide that land which is acquired by and vests in
the State Government under section 21 shall be granted by the Collector or any
other Officer in the order of priority setout therein and to a joint farming society,
respectively.
2.
Sub-section (1) of section 29 of the said Act provides that the land granted
under section 27 or 28 shall not be transferred or divided, which shall include its
subsequent transfer or division, without the previous sanction of the Collector. Sub-
section (3) of section 29 provides that any transfer or division of land and any
acquisition thereof, in contravention of sub-section (1) or (2) shall be invalid and any
right, title and interest in the said land be forfeited by the Collector.
However over the last many decades, several instances of unauthorized sale
or transfer of such lands have been notice. Therefore, there is a need to have a
provision in the said Act for regularization of such transfers or divisions upon payment
of certain amount specified by the Government.
3.
It is, therefore, proposed to amend section 29 of the said Act, so as to
provide for regularization of transfers or divisions contrary to the provisions of said
section on payment of an amount not exceeding fifty per cent. of the value of the
land as per the current Annual Statement of Rates.
4.
The Bill seeks to achieve the above objectives.
Mumbai,
CHANDRAKANT (DADA) PATIL,
Dated the 27th November 2018.
Minister for Revenue.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of legislative powers,
namely :—
Clause 2.—Under this clause which seeks to add two proviso to sub-
section (3) of section 29 of the Maharashtra Agricultural Lands (Ceiling on
Holdings) Act, 1961, under the proposed first proviso, power is taken to the
State Government to specify the amount, by order published in the Official
Gazette, on payment of which the land shall not be forfeited by the Collector.
Clause 3.—Under this clause, power is taken to the State Government,
to remove, by an order published in the Official Gazette, any difficulty that may
arise in giving effect to the provisions of the Act, as amended by the proposed
law, within a period of two years from the date of commencement of the
Amendment Act.
2.
The above-mentioned proposals for delegation of legislative power are of
normal character.
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GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF THE
CONSTITUTION OF INDIA
(Copy of Government of Maharashtra Order, Law and Judiciary Department)
In exercise of the power conferred upon him by clause (1) of Article 207 of the
Constitution of India, the Governor of Maharashtra is pleased to recommend to the
Maharashtra Legislative Assembly, the introduction of the Maharashtra Agricultural
Lands (Ceiling on Holdings) (Amendment) Bill, 2018.
Vidhan Bhavan,
DR. ANANT KALSE,
Mumbai,
Principal Secretary,
Dated the 28th November, 2018.
Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR
SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI
ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.