Chapter II ABOLITION OF ALIENATIONS AND CONFERMENT OF OCCUPANCY RIGHTS

Notwithstanding anything contained in any usage, settlement, grant, agreement, sanad, mantakhab or any other instrument, order, rule, notification or any decree or order of a Court or any law for the time being applicable to any alienation in any enclave with effect from the appointed day-

1. (a) all alienations shall be deemed to have been abolished ;
2. (b) save as expressly provided by or under the provisions of this Act, all right legally subsisting on the said date in relation to such alienation and all other incidents of such alienations (including any right to hold office of any liability to render service appertaining to any such alienation) shall be and are hereby extinguished ;
3. (c) subject to the provisions of this Act, all alienated lands of the nature of community service inams and watans are hereby resumed.

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

1. (1) Subject to the provisions of section 10, land held on a community service inam or under a watan resumed under section 5 shall, on application therefore, be regranted-
   • (a) where such land is in the possession of any alienee or in possession of a person holding through or from him (not being an authorised or unauthorised holder), to such alienee; and
   • (b) where such land is in possession of an authorised holder, to such authorised holder, on payment to the State Government of an occupancy price equal to six times the amount of the full assessment of such land, within the prescribed period and in the prescribed manner; and the alienee or the authorised holder shall thereupon be an occupant within the meaning of the Code in respect of such land, and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules thereunder; and all the provisions of the Code and the rules relating to unalienated land shall, subject to the provisions of this Act, apply to the land. (2) If there be failure to pay the occupancy price under sub-section (1), within the prescribed period and in the prescribed manner, the alienee or as the case may be, the authorised holder shall be deemed to be unauthorisedly occupying the land, and shall be liable to be summarily evicted therefrom by the Collector in accordance with the provisions of the Code.
2. (3) The occupancy of the land regulated under sub-section (1) shall not be transferable or partible by metes and bounds, without the previous sanction of the Collector and except on payment of a sum equal to twenty times the amount of the full assessment of the land, where it is held and used for the purpose of agriculture, and in any other case, a sum equal to fifty per cent of the market value of the land : Provided that, where the occupancy of any land held and used for the purpose of agriculture is made transferable or partible, and such land is subsequently used for any purpose other than agriculture, the holder thereof shall be liable to pay to the Collector the difference between the sum equal to fifty per cent of the then market value of the land and the sum already paid.

In the case of an alienated land to which the provisions of section 7 or 9 do not apply, the alienee shall be primarily liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder due in respect of the land in his actual possession or in the possession of any person holding from or through him; and shall be liable to all the obligations in respect of the land as an occupant under the Code or the rules made thereunder.

1. (1) Where any land held on community service inam or under watan resumed under section 5 is in the possession of an unauthorised holder, such holder shall be summarily evicted therefrom by the Collector in accordance with the provisions of the Code : Provided that, when in the case of any unauthorised holder, the State Government is of opinion that in view of the investment made by such holder in the development of the land, or in the non-agricultural use of the land, or otherwise, the eviction of such holder from the land will work undue hardship to him, it may direct the Collector to regrant the land to such holder on payment of such amount, and subject to such terms and conditions as the State Government may determine, and the Collector shall regrant the land to such holder accordingly.
2. (2) Where any land referred to in sub-section (1) is not regranted under that sub-section, it shall be disposed of in accordance with the provisions of the Code and the rules made thereunder, applicable to the disposal of unoccupied unalienated land.

Where under any of the provisions of section 7 or 9 any land is regranted to any person, it shall be regranted subject to the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Mah. XXVII of 1961), so that by such regrant the land held by the grantee shall not after such regrant exceed the ceiling area permissible for his holding under that Act; and any land or part thereof which cannot be regranted accordingly shall be disposed of in accordance with the provisions of the Code and rules applicable to the disposal of unoccupied unalienated land, and any person in possession thereof shall be liable to be summarily evicted therefrom by the Collector in accordance with the provisions of the Code.

All public roads, lanes and paths, the bridges, ditches, dikes and fences on or besides the same, the bed 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 purpose) and all pasture lands, mines and minerals, whether discovered or not, and whether being worked or not, and all quarries which are situate within the limits of any alienated village or 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 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 the 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 of them as he deems fit, subject always to the right of way or 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 had not been cultivated for a continuous period of three years immediately before the appointed day.

The rights to trees specially reserved under the Indian Forest Act, 1927 (XVI of 1927) or 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 noting 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 State of Maharashtra to forests in an alienated land.