Chapter II Abolition of alienations and conferment of occupancy rights

Notwithstanding anything contained in any usage, settlement, grant, agreement, sanad, order, rule, notification or Vat Hukum or any decree or order of a Court or any law for the time being applicable to any alienation in the merged territories, with effect from and on the appointed date-

1. (i) all alienations shall be deemed to have been abolished;
2. (ii) save as expressly provided by or under this Act all rights legally subsisting on the said date in respect of such alienations and all other incidents of such alienations shall be deemed to have been extinguished.

Subject to the other provisions of this Act all alienated lands are and shall be liable to the payment of land revenue in accordance with the provisions of the Code and the rules made thereunder and the provisions of the Code and rules relating to unalienated lands shall apply to such lands.

In the case of an alienated land held under a community service inam-

1. (a) if such land is in the actual possession of the alienee or in possession of a person holding through or from him other than an inferior holder, such alienee, and
2. (b) if such land is in the possession of an inferior holder, such inferior holder, shall be primarily liable to the State Government for the payment of land revenue due in respect of the land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or the rules made thereunder : Provided that if under the terms of the alienation such land is resumable for non-performance of service, the alienee or inferior holder, as the case may be, shall be entitled to the rights of an occupant in respect of such land on payment to the State Government of the occupancy price equal to six times the amount of the full assessment of such land within the prescribed period : 1[Provided further that, on or after the commencement of the Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (Mah. XXI of 2002) (hereinafter, in this section, referred to as "the commencement date"), the occupancy of such land may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other authority shall be necessary for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant on new and impartible tenure (Occupant Class II), in accordance with the provisions of the Code: Provided also that, any such occupancy held on new and impartible tenure (Occupant Class II) may, after the commencement date, be converted into Old tenure (Occupant Class I) by the occupant, by making payment of fifty per cent. of the amount of the current market value of such land to the Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code: Provided also that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority, on payment of the appropriate amount as Nazarana, been transferred for non-agricultural use, such transfer of occupancy shall be deemed to have been made under the third proviso hereinabove, and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the date of such transfer: Provided also that, if on the commencement date, any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent. of the current market value of such land as Nazarana, been transferred for nonagricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent. of the current market value of such land for non-agricultural use as Nazrana and an amount equal to fifty per cent. of such Nazarana as a fine, and on such payment, the occupant shall hold the land as an Occupant Class I, in accordance with the provisions of the Code.] 2[Provided also that, on or before the commencement of the Maharashtra Paragana and Kulkarni Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra Merged Territories Miscellaneous Alienations Abolition, the Maharashtra Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021(Mah. X of 2021), if any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of an amount equal to fifty per cent. of the current market value of such land, been transferred for non-agricultural use, or utilised for non-agricultural use, and division of such land or plot has been or is being regularised under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 (Mah. XXVII of 2001) (hereinafter referred to as "the Gunthewari Developments Act"), then such transfer may be regularised on payment of an amount equal to twenty five per cent. of the current market value of such land in addition to any amount payable under the Gunthewari Development Act for regularization of gunthewari development; and on such payment, the occupant shall hold the land or plot as an occupant Class-I in accordance with the provisions of the Code. Explanation.- For the purposes of this sub-section, the term "market value of such land" means the value of such land specified in the Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force, in this regard for the relevant year, and where such Annual Statement of Rates is not prepared or available, it means the value of such land as determined by the Assistant Director of the Town Planning Department of the concerned District.]

All land held under a watan is hereby resumed and shall be regranted to the holder in accordance with the following provisions, namely:-

1. (1) in the case of a watan, if the commutation settlement permits the transfer of the land appertaining to such watan, the land shall be regranted to the holder without payment of any occupancy price;
2. (2) in the case of a watan to which clause (1) does not apply, the land appertaining to the watan shall be regranted to the holder on payment of the occupancy price equal to twelve times the amount of the full assessment of such land within the prescribed period : Provided that in respect of the land held under a watan which has not been assigned towards the emoluments of the person performing the service appertaining to the watan occupancy price equal to six times the amount of the full assessment of such land shall be paid by the holder within the aforesaid period for its regrant ; 1[(3) On or after the commencement of the Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Services Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolition, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (Mah. XXI of 2002) (hereinafter, in this section, referred to as "the commencement date"), the occupancy of the land regranted under sub-section (1) may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other authority shall be necessary for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant on new and impartible tenure (Occupant Class II) in accordance with the provisions of the Code : Provided that, any such occupancy held on new and impartible tenure (Occupant Class II) may, after the commencement date, be converted into old tenure (Occupant Class I) by the occupant by making payment of fifty per cent. of the amount of the current market value of such land to the Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code : Provided further that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority on payment of the appropriate amount as nazarana, been transferred for non-agricultural use, such transfer of occupancy shall be deemed to have been made under the first proviso and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the date of such transfer : Provided also that, if on the commencement date, any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent. of the current market value such land, as Nazarana, been transferred for nonagricultural use, such transfer may be regularised on payment of an amount equal to fifty per cent. of the current market value of such land for non-agricultural use as Nazarana, and an amount equal to fifty per cent. of such Nazarana, as a fine, and on such payment the occupant shall hold the land as an Occupant Class I, in accordance with the provisions of the Code.] 2[Provided also that, on or before the commencement of the Maharashtra Paragana and Kulkarni Watans (Abolition), the Maharashtra Service Inams (Useful to Community) Abolition, the Maharashtra Merged Territories Miscellaneous Alienations Abolition, the Maharashtra Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2021 (Mah. X of 2021), if any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of an amount equal to fifty per cent. of the current market value of such land, been transferred for non-agricultural use, or utilised for non-agricultural use, and division of such land or plot has been or is being regularised under the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 (Mah. XXVII of 2001) (hereinafter referred to as "the Gunthewari Developments Act"), then such transfer may be regularised on payment of an amount equal to twenty five per cent. of the current market value of such land in addition to any amount payable under the Gunthewari Development Act for regularization of gunthewari development; and on such payment, the occupant shall hold the land or plot as an occupant Class-I in accordance with the provisions of the Code. Explanation.- For the purposes of this sub-section, the term "market value of such land" means the value of such land specified in the Annual Statement of Rates published under the provisions of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force, in this regard for the relevant year, and where such Annual Statement of Rates is not prepared or available, it means the value of such land as determined by the Assistant Director of the Town Planning Department of the concerned District.] Explanation.- For the purpose of this section, the expression "holder" shall include-
3. (1) an alienee holding land under a watan, and
4. (2) in the case of a watan the commutation settlement in respect of which permits the transfer of the land appertaining to the watan, a person in whom the ownership of such land for the time being vests.

1. (1) In a Wanta or Giras,-
   • (i) in the case of land other than Barkhali land-
   • (a) if such land is in the actual possession of the Girassia or in the possession of a person other than a permanent tenant, holding through or from the Girassia, such Girassia, and
   • (b) if such land is in the possession of a permanent tenant, such permanent tenant,
     • (ii) in the case of Barkhali land, held as Jiwai land,-
   • (a) if such land is in the actual possession of the holder thereof (hereinafter referred to as the Jiwaidar) or in the possession of a person other than a permanent tenant holding through or from the Jiwaidar, such Jiwaidar, and
   • (b) if such land is in the possession of a permanent tenant, such permanent tenant, and
     • (iii) in the case of any other Barkhali land other than Devasthan and Pirasthan land or land held for service useful to Government, the holder of such land, shall be primarily liable to the State Government for the payment of land revenue due in respect of the land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or the rules made thereunder : Provided that in the case of the land referred to in sub-clause (b) of clause (i) and sub-clause (b) of clause (ii), the permanent tenant shall be entitled to the rights of an occupant on payment in the prescribed manner to the Girassia or Jiwaidar, as the case may be, of the occupancy price equivalent to six times the amount of the full assessment of such land: Provided further that in the case of Barkhali land referred to in clause (iii), if such land was held as Dharmadaya Chakariat or Pasaita Chakariat and was not a permanent alienation within the meaning of the Baroda Giras Rules, the holder of such land shall be entitled to the rights of an occupant on payment to the State Government of the occupancy price equivalent to six times the amount of the full assessment of such land.
2. (2) The occupancy of land conferred on the holder of a Dharmadaya Chakariat or Pasaita Chakariat land which was not a permanent alienation within the meaning of the Baroda Giras Rules shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.

In the case of an alienated land to which the provisions of section 6, 7 or 8 do not apply,

1. (a) if such land is in the actual possession of the alience or is in the possession of a person holding through or from him other than an inferior holder, such alienee, and
2. (b) if such land is in the possession of an inferior holder, such inferior holder, shall be primarily liable to the State Government for the payment of land revenue due in respect of the land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or the rules made thereunder : Provided that if in respect of an alienated land the alienation consists of the grant of the soil with or without exemption from payment of land revenue, the alienee or the inferior holder, as the case may be, shall be entitled to the rights of an occupant in respect of such land on payment to the State Government of the occupancy price equal to six times the amount of the full assessment of such land within the prescribed period: Provided further that if under the terms of the alienation such land was not alienable except with the permission of a competent authority, the occupancy of the land shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.

1. (1) If any person, who is liable to pay to the State Government the occupancy price in respect of any land under section 6, 7, 8 or 9, fails to pay the same within the prescribed period, he shall be deemed to be unauthorizedly occupying the land and shall be liable to be summarily ejected in accordance with the provisions of the Code.
2. (2) If any person, who is liable to pay to the Girassia or Jiwaidar, as the case may be, the occupancy price in respect of any land under section 8, fails to pay the same within the prescribed period, it shall be recoverable as an arrear of land revenue and the amount so recovered shall be paid to the Girassia or Jiwaidar, as the case may be.

All public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the sea and of harbours, creeks below high water mark, and of rivers, streams, nallas, lakes, wells and tanks, and all canals, and water courses, and all standing and flowing water, and all unbuilt village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other non-agricultural purposes) which are situate within the limits of any alienated land shall, except in so far as any rights of any person other than the alienee may be established in or over the same and except as may otherwise be provided by any law for the time being in force, vest in, and shall be deemed to be with all rights in or over the same or appertaining thereto the property of, the State Government and all rights held by an alienee in such property, shall be deemed to have been extinguished and it shall be lawful for the Collector, subject to the general or special orders of the State Government, to dispose them of as he deems fit, subject always to the rights of way and other rights of the public or of individuals legally subsisting. Explanation.- For the purposes of this section, land shall be deemed to be uncultivated if it has not been cultivated for a continuous period of three years immediately before the appointed date.

The rights to trees specially reserved under the Indian Forest Act, 1927 (XVI of 1927), any other law for the time being in force, except those the ownership of which has been transferred by the State Government under any contract, grant or law for the time being in force shall vest in the State Government and nothing in this Act shall in any way affect the rights of the State Government to apply the provisions of the Indian Forest Act, 1927 (XVI of 1927), as in force in the 1[pre-Reorganisation State of Bombay, excluding the transferred territories] to forests in an alienated land.

(Right to mines or mineral products) (Repealed on and from 6th August 1985 by Mah. 16 of 1985, s. 15).