section 9
Penalty for transfer or partition contrary to provisions of Act
The Maharashtra Prevention of Fragmentation and Consolidation of Holdings ActChapter II DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS
(1) The transfer or partition of any land contrary to the provisions of this Act shall be void. (2) The owner of any land so transferred or partitioned shall be liable to pay such fine not exceeding Rs. 250 as the Collector may subject to the general orders of the State Government, direct. Such fine shall be recoverable as an arrear of land revenue. (3) Any person unauthorizedly occupying or wrongfully in possession of, any land, the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this Act, may be summarily evicted by the Collector. (4) Notwithstanding anything contained in this Act, a transfer or partition of a land contrary to the provisions of this Act made on or after the 15th November 1965 and on or before the 15th October 2024, if such land is used or intended to be used for any bona fide non-agricultural user and the same is,— (a) in the area within the limits of Municipal Corporations, Municipal Councils and Nagar Panchayats; or (b) in the areas designated for residential, commercial, industrial or any other non-agricultural use under the jurisdiction of the Mumbai Metropolitan Region Development Authority established under the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975), the Metropolitan Region Development Authorities established under the Maharashtra Metropolitan Region Development Authority Act, 2016 (Mah. III of 2017) and Special Planning Authorities notified under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966); or (c) in the area for which a Cantonment is constituted under the Cantonment Act, 2006 (41 of 2006); or (d) in the areas designated for residential, commercial, industrial or any other non-agricultural use and the areas included in the Growth Centres specified in a draft or final Regional Plan prepared under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or any other law for the time being in force; or (e) in the ‘Peripheral Area’ of boundaries of any village, city, or town, designated for residential, commercial, industrial or any other non-agricultural use in the draft or final Regional Plan and to which the Unified Development Control and Promotion Regulations applies, then such transfer or partition of land shall be deemed to have been regularized without charging any premium therefor.
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