Chapter IV SURPLUS LAND

1[12. Submission of returns.- 2[If any person or family unit] -

1. (1) (a) has at any time 3[after the 26th day of September 1970 but before the commencement date] held, or
   • (b) on or after the 4[commencement date] acquires, hold or comes into possession of, any land (including any exempted land), in excess of the ceiling area, or
2. (2) 5* * * * * *
   • (b) whose land is converted into another class of land in the circumstances described in 6[section 11-A], 7[(c) thereby causing his or its holding to exceed the ceiling area,] then,-
     • (i) in the case under sub-clause (a) of clause (1), within 8[one month] from 9[commencement date], and
     • (ii) in the case under sub-clause (b) of clause (1), within 10[one month] from the date of taking possession of any land in excess of the ceiling area, and 11* * * * * *
     • (iv) in the case under sub-clause (b) of clause (2), within three months from the date of such conversion 12[(being the date notified under section 11-A)], 13[he or any member of the family units shall furnish] to each of the Collectors within whose jurisdiction any land in 14[his holding or the holding of the family unit] is situate a return, in the form prescribed, containing the particulars of all land held by him 15[or by the family unit. Where a person or a member of a family unit holds a share in the land held by a family, the return shall also contain information regarding the total number of members of the family, the extent of land falling to the share of each of the members who are entitled to share on partition, the names of members of each family unit notionally carved out of such family, and names of other members of each family unit, and the names of other members of the family. He shall also state the extent of his share, if any, in the lands held in or operated by a co-operative society, or in a joint holding or in a firm; and the land held by him in any other part of India, if any] : Provided that, in the case of a minor or lunatic, the return may be furnished by his guardian, and in the case of any other person under disability, by his authorised agent : 16[Provided further that, where any person, or a member of a family unit, who is required to furnish a return dies, then, such return shall be furnished by his heir, or as the case may be, any other member of the family unit].

1[12A. Power of State Government to extend time for filing return.- Notwithstanding anything contained in section 12, the State Government may by an order in the Official Gazette extend the time limit of furnishing the return provided under any of the provisions of that section by such further period as may be specified in the order, and any extension of time for furnishing the return made by any order under the provisions of this Act before the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1975 (Mah. II of 1976), shall be deemed to have been duly made under this section as if this section was in force when such order was made.]

1. (1) 1[Where a person or member of a family unit required] by section 12 to furnish a return,-
   • (a) fails without reasonable cause so to do, within the time specified in that section, or
   • (b) furnishes a return which he knows, or has reason to believe, to be false, he shall be liable to pay a penalty which may extend in the former case to one hundred rupees, and in the latter case to five hundred rupees.
2. (2) Where the Collector has reason to believe that a person 2[or a member of a family unit] required by section 12 to furnish a return has, without reasonable cause, failed so to do, or has submitted a return which he knows or has reason to believe to be false, the Collector shall issue a notice calling upon 3[such person or member] to show cause within the fifteen days of the service thereof, why the penalty provided by sub-section (1) should not be imposed upon him. If the Collector, on considering the reply or other cause shown, is satisfied that 4[the person or member] has without reasonable cause failed to submit the return within time, or has submitted a return which he knew or had reason to believe to be false, he may impose the penalty provided in the last preceeding sub-section and require him to submit a true and correct return complete in all particulars, within a period of one month from the date of the order.
3. (3) If 5[the person or member] fails to comply with the order within the time so granted by the Collector, then as a penalty for failure to furnish a return or a true and correct return complete in all particulars, the right, title and interest in the land held by him 6[or as the case may be, by the family unit] in excess of the ceiling area shall, subject to the provision of this Chapter, be forfeited to the State Government and shall thereupon vest without further assurance in that Government.

1. (1) As soon as may be after the expiry of the period referred to in section 12 or the further period referred to in sub-section (2) of section 13, the Collector shall, 1[either suo motu whether or not a return had been filed or] on the basis of the returns submitted to him under either of those sections, and such record as he may consider it necessary to refer to, hold an enquiry in respect of every person 2[or family unit] holding land in excess of the ceiling area, and shall, subject to the provisions of this Chapter, determine the surplus land held by such person 3[or family unit]. 4[(2) Where a person or family unit holds land in two or more talukas of the same district, the enquiry shall be held by such officer or authority exercising the powers of the Collector whom the Collector-in-charge of the district may by order in writing designate.]
2. (3) Where a person 5[or family unit] holds land in two more districts of the same division, the enquiry shall be held by the Collector whom the Commissioner may, by order in writing, designate.
3. (4) Where a person 6[or family unit] holds lands in different divisions, the enquiry shall be held by the Collector whom the State Government may, by order in writing, designate. 7[(4A) Where a person holding land in an industrial undertaking, the enquiry may be held by the Collector whom the State Government may, by order in writing, designate].
4. (5) The Collector so designated, shall for the purposes of the enquiry, be competent to exercise jurisdiction under this Act in respect of such person 8[or family unit] and the lands held by him 9[or it].

1. (1) Where, in delimiting the actual area of surplus land, a survey number or a sub-division of a survey number, is required to be divided, then-
   • (a) if the portion of such survey number or sub-division to be included in the surplus land, is a fragment, the whole of such survey number or sub-division shall be excluded from the surplus land,
   • (b) if the portion of such survey number or sub-division to be excluded from the surplus land, is a fragment, the whole of such survey number or sub-division shall be included in the surplus land,
   • (c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such survey number or sub-division shall be included in the surplus land, and
   • (d) in any other case, the survey number or sub-division may be divided.
2. (2) Where any survey number, or sub-division of a survey number, is excluded under clause (a) of sub-section (1), 1[the person or family unit holding it] shall be entitled to hold it, notwithstanding that 2[his or its holding] exceeds the ceiling area ; and accordingly, the holding so retained shall be deemed to be the ceiling area.

1[(1) Where a person or a family unit holds land in excess of the ceiling area and the whole or part of such land-

1. (a) is subject to an encumbrance, or
2. (b) answers to the description of clause (bb) of section 18, then, subject to the provisions of sub-section (1) of section 10 and section 15, such person or the family unit shall retain such land (whether that land is held as owner or as tenant) up to the extent of the ceiling area.]

1. (2) Subject to the provisions of sub-section (1), a person 2[or family unit] shall be entitled to select the lands he 3[or it] wishes to retain with himself 4[or itself], up to the ceiling area. 5[(3) In the case of a family unit, where land is held by each spouse separately, then each spouse shall subject to the provisions of sub-section (2), be entitled to select land the spouse wishes to retain with himself or herself, so however that the lands to be retained bear the same proportion in which the lands are held by each spouse before the declaration.]

1. (1) For holding an enquiry under section 14, Collector shall cause public notice, in the prescribed form, to be given at convenient places in the village or villages in which the land comprised in the holding is situate, specifying in the notice the land in respect of which enquiry is to be held to ascertain the surplus land (if any) held by the person 1[or family unit, and calling upon all persons interested in the land to submit to the Collector their objections within a period of 2[fifteen days] from the date of publication of the notice. 3[Where a public notice has been given as provided in this sub-section, then the holder and all persons who are interested in the land shall be deemed to have been duly informed of the contents of such notice. If in the course of any proceedings a question arises whether a person was duly informed of the contents of the notice given in pursuance of this sub-section, the publication of the notice in the manner provided in this sub-section shall, notwithstanding anything contained in sub-section (2), be conclusive proof that he was so informed of the contents of such notice.]
2. (2) The Collector shall serve notices to the same effect on the holder, and all other persons who are known or believed to be interested in the land, calling upon them to appear before him personally or through an agent on a date and at a time and place (such date not being earlier than fifteen days after the issue of notice), to be stated in the notice.
3. (3) The notices under sub-section (2) may also call upon the holder-
   • (a) to state any objections or suggestions to the particulars given in the notice;
   • (b) to show cause, where necessary, why,- 4[(i) any land transferred in contravention of the provisions of section 8, or any land transferred during the period specified in clause (a) of sub-section (1) of section 10, or any land partitioned in contravention of the provisions of section 11, should not be taken into consideration in calculating the ceiling area, as provided in sub-section (1) of section 10 or section 11,
     • (ii) any land acquired in willful contravention of section 9 should not be forfeited, as provided by sub-section (3) of section 10],
     • (iii) any land held in excess of the ceiling area should not be forfeited to the State Government as provided by sub-section (3) of section 13,
     • (iv) any land referred to in sub-section (2) of section 10 or in section 5[11A], held by him should not be deemed to be surplus land as provided in that subsection or in section 6[11A];
   • (c) to state the land to be retained by the holder under section 16; and to furnish to the Collector in the prescribed form, the prescribed particulars of the land so to be retained. 7[Explanation.- Subject to the provisions of this Act and of the Amendment Act, 1972, in this section and in the following provisions of this Act, the expression holder, unless the context requires otherwise, includes a family unit.]

On the day fixed for hearing under section 14, or any other day or days to which the inquiry is adjourned, the Collector shall, after hearing the holder and other persons interested and who are present and any evidence adduced, consider the following matters, that is to say,-

1. (a) what is the total area of land which was held by 1[the holder] on the 26th day of September, 1970] 2[(b) whether any land transferred between the period from the 26th day of September 1970 and the commencement date, or any land partitioned after the 26th day of September 1970, should be considered or ignored in calculating the ceiling area as provided by sub-section (1) of section 10 or section 11;]
2. (bb) whether the holder has any share in the land held by a family or held or operated by any co-operative society or held jointly with others or held as a partner in a firm; and the extent of such share;]
3. (c) What is the total area of land held 3[by the holder on the commencement date]
4. (d) whether any transfer or partition of land is made by 4[the holder] in contravention of 5[section 8 or 11] and if so, whether the land so transferred or partitioned 6[should be considered or ignored] in calculating the ceiling area under the provisions of sub-section (1) of section 7[10 or section 11]
5. (e) whether any land has been acquired or possessed on or after 8[commencement date] by transfer or by partition
6. (f) whether any land has been acquired on or after the 9[commencement date] by testamentary disposition, devolution on death or by operation of law
7. (g) what is the total area of land held at the time of the enquiry, and what is the area of land which 10[the holder] is entitled to hold
8. (h) whether any land is held by 11[the holder] as tenant, and if so, whether his landlord has a subsisting right of resumption of the land for personal cultivation, under the relevant tenancy law applicable thereto
   • (i) whether any land held by 12[the holder] is to be forfeited to Government under sub-section (3) of section 10, or of section 13, or should be deemed to be surplus land under any of the provisions of this Act
9. (j) whether the proposed retention of land by 13[the holder] is in conformity with the provisions of section 16
10. (k) which particular lands out of the total land held by 14[the holder] should be entitled as delimited as surplus land
11. (l) any other matter which, in the opinion of the Collector, is necessary to be considered for the purpose of calculating the ceiling area, and delimiting any surplus land.

1[19. Power of Collector to restore land to landlord in certain cases.- Where during an enquiry into holding of any person, or as the case may be, family unit under this Chapter, it appears that-

1. (a) the whole or any part of the surplus land, delimited under the foregoing provisions, is held by that person or family unit or is deemed to be held by that person or family unit from a landlord; and
2. (b) the landlord has a right of resumption for personal cultivation in respect of that land (or part thereof) under the relevant tenancy law applicable to such land, the Collector shall (unless that right is subject to proceedings instituted before the 26th day of September 1970 before any court, tribunal or other authority and pending at the time of such inquiry), notwithstanding anything contained in that tenancy law (but without prejudice to any right to resume land which is not delimited as surplus land), restore possession to the landlord of so much only of the surplus land, as he is entitled to resume, and which together with any other land held by him, or as the case may be, the family unit shall not exceed the ceiling area under this Act. The balance, if any, shall be declared as surplus land.]

1. (1) For the purpose of deciding the extent of land which should be restored to the possession of the landlord under section 19, the Collector shall issue a notice calling upon the landlord,-
   • (a) to state his claim for restoration of possession of such surplus land for the purpose of that section ;
   • (b) to show cause why the balance of such land should not be deemed to be surplus land.
2. (2) Such notice shall requires the landlord to appear personally or by agent before the Collector on the date, and at the time and place therein mentioned (such date not being earlier than fifteen days after the issue of the notice.)
3. (3) On the date fixed under sub-section (2) , or on any other day or days to which the inquiry is adjourned, the Collector shall, after hearing the landlord or his agent and any other person interested in the surplus land and who are present, and after considering any evidence adduced, ascertain-
   • (a) whether the landlord is entitled to restoration of the possession of the whole or any part of such surplus land, and if so, the area and other particulars of such land; and
   • (b) whether the balance of any such land shall be surplus land, and if so, the extent and particulars of such land.

1. (1) As soon as may be after the Collector has considered the matters referred to in section 18 and the questions, if any, under sub-section (3) of section 20, he shall make a declaration stating therein his decision on-
   • (a) the total area of land which the person 1[or family unit] is entitled to hold as the ceiling area;
   • (b) the total area 2* * * * of land which is in excess of the ceiling area ;
   • (c) the name of the 3[landlord] to whom possession of land is to be restored under section 19, and area and particulars of such land;
   • (d) the area, description and full particulars of the land which is delimited as surplus land ;
   • (e) the area and 4[particulars of land out of surplus land, in respect of which the right, title and interest of person 5[or family unit] holding it] is to be forfeited to the State Government. 6[The Collector shall announce his declaration in the presence of the holder and other persons interested who are present at the time of such declaration.]
2. (2) After a declaration under sub-section (1) is made 7[the Collector shall prepare a statement in the prescribed form giving details of the area], description and full particulars of the land which is delimited as surplus land, 8[and also of the land therefrom, the right, title and interest in which is] to be forfeited to the State Government. 9[The Collector shall affix a copy of the statement at the village chawdi or any other prominent place at the village and shall also dispatch a copy of the statement to the person or to the member of the family unit interested in the land delimited as surplus. On the date of the announcement of the declaration mentioned in the preceding sub-section], 10[the right, title and interest in the land which] is liable to forfeiture shall stand forfeited to and vest in the State Government. 11[On and after the date of announcement of the declaration,[no sale, gift, mortgage, exchange, lease or any other disposition (including any transfer in execution of a decree or order of a court, tribunal or authority) shall be made of the land which is delimited as surplus land. If any such disposition or transfer is made, it shall be invalid, and of no effect. 12[Explanation.- Declaration of any land as surplus shall not be deemed to be invalid merely on the ground that the statement giving details of the land is not affixed as aforesaid or has not been dispatched to the person or member of the family unit as provided in sub-section (2)] : Provided that, if -
   • (a) any right of resumption under the relevant tenancy law in respect of ; or
   • (b) possession of, or right to possession of, any land delimited as surplus, is subject to proceedings under any other law in any court or tribunal, or before any authority, then so much only of the land as the holder of the surplus land in such proceedings is finally held-
     • (i) not to be entitled to retain, or
     • (ii) not to be in possession of, or not to be entitled to possess, may be transferred in pursuance of such proceedings. 13[Explanation.- For the purpose of this proviso, the proceedings means proceedings for acquisition of land for a public purpose or for the sale of land for realisation of land revenue or sums recoverable as arrears of land revenue, and any other proceedings instituted before the 26th September 1970 and pending on the commencement date in any court, or tribunal or before any authority.]
3. (3) The declaration made under this section, 14[subject to the decision of the Maharashtra Revenue Tribunal in appeal under section 33, or of the State Government in revision under sub-section (2) of section 45], shall be final and conclusive, and shall not be questioned in any suit or proceeding in any court.
4. (4) 15[As soon as may be after the announcement of the declaration referred to in sub-section (2), the Collector,] shall take, in the prescribed manner, possession of the land which is delimited as surplus 16 [and, in the case of land which the landlord is entitled to resume, restore possession of the land to the 17[landlord named] in the declaration]. The surplus land shall, with effect from the date on which the possession thereof is taken as aforesaid be deemed to be acquired by the State Government for the purposes of the Act and shall accordingly vest without further assurance and free from all encumbrances in the State Government : Provided that, in the case of surplus land referred to in the proviso to sub-section (2), the Collector shall, after the proceedings are finally decided, take possession of so much only of the land which the holder of the surplus land is in such proceedings finally held,
   • (i) to be entitled to retain, or
   • (ii) to be in possession of, or to be entitled to possess; and with effect from the date of taking over possession, the land shall vest in the State Government as aforesaid. 18[Explanation.- For the purposes of this proviso, "proceedings" has the meaning assigned to it in the Explanation to the proviso to sub-section (2) of this section]. 19[(5) Where possession of any land delimited as surplus is handed over by the holder in pursuance of an undertaking given by him in any court, and the appeal filed by the holder against the declaration of that land as surplus has been subsequently withdrawn or dismissed, the land, notwithstanding anything contained in sub-section (4), shall with effect from the date on which the possession thereof is taken by the Collector, be deemed to be duly acquired by the State Government for the purposes of the Act, and shall accordingly be deemed to have been validly and effectually vested without further assurance and free from all encumbrances in the State Government from the date of taking over possession thereof].

1[21-A. Damages for use and occupation of surplus land.- (1) A person or as the case may be, a family unit which possesses of or after the commencement date any land in excess of the ceiling area shall be liable to pay to the State Government for the period from the year following the year in which the excess area so held is declared surplus till the possession of surplus land is taken under section 21, such compensation for the use and occupation of such land as the Collector may fix in the prescribed manner.

1. (2) Where an enquiry is pending on or after the commencement date for determining the surplus land under this Act as unamended by the Amending Act, 1972, the holder shall be liable to pay to the State Government for the period from the commencement date or the date on which the excess area is declared surplus under section 21, whichever is later, till the date of possession of surplus land is actually taken under that section, compensation for use and occupation of such surplus land as the Collector may fix in the prescribed manner.]