Power of State Government to grant land to State Corporations.

1[28-1AA. Power of State Government to grant land to State Corporations.- (1) The State Government may, by notification in the Official Gazette, not later than ninety days from the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1970 (Mah. XXVII of 1970), grant the surplus land taken over from the industrial undertakings and referred to in section 28 and which is being cultivated by one or more corporations, (including a company) owned and controlled by the State to such corporation or corporations, as the case may be, subject to such terms and conditions, including in particular, the condition of maintaining the integrity of the surplus land, in one or more compact blocks 2**. On the grant of such surplus land to one or more corporations as aforesaid the provisions of section 28 so far as they provide for setting up of joint farming societies shall not apply in relation to such surplus land.

1. (2) The State Government may provide that,-
   • (a) for the breach of any term of condition referred to in sub-section (1), or (b)if it considers after such inquiry as it thinks fit, that the production 3[of raw material] is not maintained at the level or in the manner which, with proper and efficient management it ought to be maintained, or 4[(b-1) it is considered necessary by the State Government for any public purpose to take away all or part of the land presently vested in the Corporation (including a company), or]
   • (c) for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the corporation (including a company) should continue to cultivate the land, the grant shall, after giving three months notice of termination thereof and after giving the corporation reasonable opportunity of showing cause, be terminated, and the land resumed. Thereafter, the State Government may itself take steps by running or managing one or more farms for the proper cultivation of the land 5[and maintenance of the 6[production of raw material or may dispose of the land in the manner as provided in sub-sections (3) and (3A)]. 7* * * * * * * 8[(3) The State Government may, subject to the provisions of sub-section (4), after ascertaining the views of the persons interested in the land referred to in sub-section (1), also grant such land to a person who had previously leased his land to the undertaking, who (not being a public trust), requires that land for his personal cultivation, to the extent of the ceiling area as stipulated in the Act, or the actual area of the land leased by such person to the undertaking, whichever is less, subject to such other terms and conditions as may be specified in this behalf : Provided that, a person, who was required to file return under section 12 or 12A of the Act in respect of the lands held by him as on the 19th September 1975, and whose land was declared surplus under the provisions of this Act, shall not be entitled to such grant : Provided further that, a person, who has applied for grant of such land after 90 days from the commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2001 (Mah. XVII of 2003), shall not be eligible for grant of such land :] 9[Provided also that, a person who had not applied for grant of such land within the period of 90 days from the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2001 (Mah. XVIII of 2003), or who has applied for grant of such land after the said period, shall be eligible for grant of such land if he applies for grant of such land within a period of 90 days from the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2006 (Mah. VIII of 2006).] 10[Provided also that, a person who had not applied for grant of such land within the period of 90 days from the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2001 (Mah. XVII of 2003), or who has applied for grant of such land after the said period, shall be eligible for grant of such land if he applies for grant of such land within a period of 90 days from the date of commencement of the Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 2011 (Mah. I of 2012). 11[(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.] 12[(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 (Mah. XXXVII of 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 (30 of 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 (Mah. XL of 1965);
     • (ii) the larger urban area specified under sub-section (2) of section 3 of the Maharashtra Municipal Corporations Act (LIX of 1949); or
     • (iii) the boundary of gaothan or village site as defined in clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966); and
   • (b) for rehabilitation of the project affected persons of a public project notified by the Government for this purpose.]
2. (4) The 13* * * particulars of land to be granted under sub-section (3) shall be such as the State Government may, having due regard to the need to maintain the integrity of the farm in one or more compact blocks, by order in writing, specify. 14 * * * * * * * * 15 * * * * * * * *