Condition of lease.

The Maharashtra Gramdan Act, 1964

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Chapter V CONSTITUTION OF LAND-POOL AND DISTRIBUTION OF LAND

Statutory text

(1) A person who is given land on lease under section 26 shall hold it on the following terms and conditions, namely :-
- (a) the lease hold rights shall, on the death of the lessee, pass to his heir,
- (b) the lessee shall not transfer his interest in the land, except-
  - (i) to a person who has joined the Gramdan community in respect of the village in which the land is situated on the terms and conditions agreed upon between them ;
  - (ii) to the Gram Mandal ; or
  - (iii) to a co-operative society or any institution approved by the State Government in this behalf or to Government, for securing payment of any money borrowed from any such society, institution or Government : Provided that, a landless person shall not transfer his interest as aforesaid without the previous approval of the Gram Mandal ;
- (c) the lessee shall pay to the Mandal an amount equal to the land revenue, rent, cesses, rates and other taxes payable, if any, in respect of the land, before such date or dates as may be prescribed ;
- (d) the lessee shall annually contribute one-fortieth of his net annual agricultural income or such other lesser share as the Mandal may determine in this behalf ;
- (e) the lessee shall not allow the land to remain uncultivated for a period exceeding two years ;
- (f) subject to the provisions of section 30, the Mandal shall not disturb possession of the land held by a lessee or his heir, except with his consent ;
- (g) in the case of land subject to any lease subsisting immediately before it was donated, the Gramdan Kisan shall have the right to recover possession thereof in accordance with the provisions of any law for the time being in force relating to land tenures as if he continued to be the lessor thereof, and pending termination of the lease, he shall also have the right to recover the rent payable by the lessee in respect of such land ;
- (h) in the case of land subject to a mortgage with possession immediately before it was donated, the Gramdan Kisan shall have the right to obtain possession thereof after the redemption of the mortgage by the Gram Mandal if he pays to the Gram Mandal the amount paid for the purpose of redeeming the mortgage together with all expenses connected therewith ;
  - (i) such other terms and conditions, as the Mandal may, regard being had to the circumstances prevailing in relation to any Gram Mandal, determine by an order made in that behalf.
(2) Nothing contained in sub-section (1) shall be deemed to confer-
- (a) on a Gramdan Kisan any right which he did not possess,
- (b) on a landless person any right which the Mandal did not possess, immediately before the Gramdan Kisan donated his land, or as the case may be, the Mandal leased it to the landless person.

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