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1
L. A. BILL No. LII OF 2023.
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 Seventy-fourth Year of the Republic of India, as
follows :—
1.
This Act may be called the Maharashtra Agricultural Lands (Ceiling on
Holdings) (Amendment) Act, 2023.
Mah.
XXVII
of 1961.
Short title.
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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of Article 348 of the Constitution of India, the following
translation in English of the Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Bill, 2023 (L.A. Bill No. LII of 2023), introduced in the Maharashtra Legislative
Assembly on the 12th December 2023, is hereby published under the authority of the Governor.
By order and in the name of the
Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö-109-1.
HB 1734-1.
(1)
2
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2. In section 28-1AA of the Maharashtra Agricultural Lands (Ceiling on
Holdings) Act, 1961 (hereinafter referred to as “the principal Act”), –
(1) after sub-section (3), the following sub-section shall be inserted,
namely :–
“(3-1A) Notwithstanding anything contained in this section and
section 29,–
(a) if the lands leased by a person to the industrial undertaking
were Class-I occupancy lands then the lands granted to such person
or his legal heirs under sub-section (3) on Class-II occupancy shall
be deemed to have been granted on Class-I occupancy, without
charging any premium therefor ;
(b) if the lands leased by a person to the industrial undertaking
were Class-II occupancy lands, then the lands granted to such person
or his legal heirs under sub-section (3) on Class-II occupancy may
be converted into Class-I occupancy, if the relevant Act applicable
to such lands or rules framed thereunder provides for such
conversion, as per the provisions of the said Acts and rules.”;
(2) for sub-section (3A), the following sub-section shall be substituted,
namely:–
“(3A) Notwithstanding anything contained in sub-section (3), the
State Government may dispose of the lands vested in the Maharashtra
State Farming Corporation Limited, for a public purpose to the
Government or Semi-Government Institution or Municipal Corporation,
Municipal Council, Nagar Panchayat or Village Panchayat at the rates
fixed by the State Government on such terms and conditions as may be
specified by it, by special or general order issued in this behalf.
Explanation.- For the purposes of this sub-section, the expression
“dispose of the lands for the public purpose” means disposal of land
for,-
(a) educational, medical, public health, social welfare or cultural
purposes; or any other purpose mentioned in the Development Plan
under section 22 of the Maharashtra Regional and Town Planning
Act, 1966; or any other public purpose included in sub-section (1) of
section 2 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013,
situated within the vicinity of five kilometers from,–
(i) the municipal area of a Council or Nagar Panchayat as
defined in clause (24) of section 2 of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act,
1965;
(ii) the larger urban area specified under sub-section (2)
of section 3 of the Maharashtra Municipal Corporations
Act; or
(iii) the boundary of gaothan or village site as defined in
clause (10) of section 2 of the Maharashtra Land Revenue Code,
1966; and
(b) for rehabilitation of the project affected persons of a public
project notified by the Government for this purpose.”.
Mah.
XXVII
of
1961.
Amendment
of section
28-1AA of
Mah. XXVII
of 1961.
Mah.
XXXVII
of
1966.
30
of
2013.
Mah.
XL
of
1965.
LIX
of
1949.
Mah.
XLI
of
1966.
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3. In section 29 of the principal Act, in sub-section (3),–
(i)
in the first proviso, for the words “such amount, as the State
Government may, by order published in the Official Gazette, specify” the
following portion shall be substituted, namely:–
“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.”;
(ii)
the second proviso shall be deleted.
4. After section 29 of the principal Act, the following section shall be inserted,
namely:–
“29A. Notwithstanding anything contained in section 29, the Collector
may convert lands granted under section 27 on Class-II occupancy into Class-
I occupancy,–
(i) after lapse of ten years from the date of grant of such land; and
(ii) if there is no breach of any of the conditions for grant of such
land; or if there is a breach of any of such conditions, then after
regularization of such breach,
on payment of such conversion premium and after following such procedure
and subject to such other terms and conditions as may be prescribed.”.
5. Section 40A of the principal Act shall be deleted.
6. In section 46 of the principal Act, in sub-section (2), after clause (e), the
following clause shall be inserted, namely:–
“(e-1) conversion premium for conversion of Class-II occupancy lands
into Class-I occupancy under section 29A and procedure and other terms
and conditions therefor;”.
7. (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.
Amendment
of section
29 of Mah.
XXVII of
1961.
Insertion of
new section
29A in
Mah. XXVII
of 1961.
Conversion
of
Occupancy
of land
granted
under
section 27.
Deletion of
section 40A
of Mah.
XXVII
of 1961.
Amendment
of section
46 of Mah.
XXVII
of
1961.
Power to
remove
difficulty.
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STATEMENT OF OBJECTS AND REASONS
The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
(Mah. XXVII of 1961) is enacted to impose a maximum limit (or ceiling) on
the holding of agricultural land in the State of Maharashtra and to provide
for the acquisition and distribution of land held in excess of such ceiling.
2. The lands declared as surplus under section 21 of the said Act have
been allotted to landless, ex-servicemen and others under section 27 thereof
on occupancy Class-II. The transfer or division of such surplus lands has
been allowed with previous sanction of the Collector and on payment of
prescribed premium under section 29 of the said Act. The Government has
by enacting Maharashtra Act No. XIX of 2019 also provided for regularization
of transfer or division of such lands made without previous sanction of the
Collector and on payment of premium therefor after paying fifty per cent.,
of market value of such land.
There have been increasing demands from the persons interested in
lands granted under section 27 as well as lands re-granted under section 28-
1AA(3) to the ex-lessors or their legal heirs who had leased their lands to
the industrial undertakings for conversion of occupancy of such lands from
Class-II to Class-I on the lines of conversion of occupancy of Government
lands from Class-II to Class-I under section 29A of the Maharashtra Land
Revenue Code, 1966 (Mah. XLI of 1966). The Government has, therefore,
decided to amend the said Act.
3. The salient features of the amendments to the said Act are as follows:-
(a) to convert occupancy of the surplus lands granted under section
27 from Class-II to Class-I on payment of premium and subject to certain
terms and conditions;
(b) to convert occupancy of the lands re-granted to ex-lessor or his
legal heir under section 28-1AA(3) from Class-II to Class- I,-
(i) where the land leased by ex-lessor to industrial undertaking
is Class-I occupancy land then without charging any premium for
such conversion;
(ii) where the land leased by ex-lessor to industrial undertaking
is Class-II occupancy land, then, if the relevant Act applicable to
such land or rules framed thereunder provides for such conversion,
as per the provisions of the relevant Act;
(c) to increase the amount of premium from fifty per cent., to seventy
five per cent., of market value of land for regularization of lands which
were transferred or divided in contravention of section 29;
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5
(d) to empower the Government to dispose of the land vested in
the Corporation for public purposes, situated within the vicinity of five
kilometres from the boundary of gaothan or village site;
(e) to delete section 40A, which provides for punishment for failure
to furnish returns as required by section 12, as a part of process of
decriminalization of provisions of State Acts for minor violations;
4. The Bill seeks to achieve the above objectives.
Nagpur,
RADHAKRISHNA VIKHE-PATIL,
Dated the 11th December 2023. Minister for Revenue.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of a legislative
power, namely:–
Clause 4.- Under this clause, power is taken to the State
Government to prescribe by rules the conversion premium for
conversion of Class-II occupancy lands into Class-I occupancy under
section 29A, procedure and other terms and conditions therefor.
Clause 7.- Under this clause, power is taken to the State
Government to issue an order for removing any difficulty, which may
arise in giving effect to the provisions of this Act.
2. The above-mentioned proposals for delegation of legislative power
are of normal character.
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FINANCIAL MEMORANDUM
The Bill proposes to amend the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961 (Mah. XXVII of 1961).
There is no provision in the Bill which would involve the recurring or
non-recurring expenditure from the Consolidated Fund of the State on its
enactment as an Act of the State Legislature.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,
PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.