I.Disposal of Agricultural land that held on occupant class II i.e. restricted tenure.
Agricultural land held as Occupant Class II i.e. , on restricted tenure may be permitted to be transferred by way of either sale or mortgage or gift in accordance with the following orders :
(A) Sale of Land : Application for permission to sell land should be entertained by the Collectors for recommendation to Government very sparingly & after examining the merits of each case. Normally, such application will be considered by Government in the following types of cases provided that the purchasers are in all cases agriculturists only.
(i) If the occupant has held the land for more than ten years & has improved it but cannot or does not wish to cultivate it e.g., he leaves the village containing the land & resides away from it or ceases to be a cultivator, etc;
(ii) If the land was forfeited form a person occupying it as occupant Class I for non-payment of assessment as a result of genuine inability to pay & then regretted to him as Occupant Class II free or on payment of nominal occupancy price, thus ensuring that the land will not fall into the hands of sahukars, etc.
(iii) If the occupant desires to sell his land to a public utility concern ;
(iv) If the occupant desires to sell his land under special circumstances e.g., he is too ill or too old or too young or too weak to cultivate if or if the occupant is a lady who cannot cultivate personally either because of her social habits or because she has to reside with her husband away from the land, etc. & dose not want to get it cultivated by hired labor or with the assistance of relatives, etc.
(v) Permission to be granted to the occupants to sell the agriculture land held as occupant Class II should be invariable on the condition inter alias that the holder(alrenor) shall take to government an amount equal to of the net unearned income i.e. 50% of the difference between the sale price and the original price paid to the government plus the present value of the improvements made in the land by the holder.
(B) Gift of land:- The occupants apply for permission to gift away their lands to individuals or institutions for being used for public and charitable purpose other than purely religious purpose may be permitted to do so on the condition that the alliance agree in writing in the proper legal form to use the land for the purpose of which it is gifted and to late government forfeit the land without payment off any compensation after giving three months notice to forfeiture if it is unauthorisedly used for other purpose.
The collectors/ Sub divisional officers are authorized to grant permission to the occupants Class II to gift away their lands to their near relatives who promise to cultivate the lands personally, provided that there are no legal heirs claming the properties or the legal heirs have no objection to the lands being so gifted away.
(C) Mortgage of Land: No occupant should be allowed to mortgage land held as occupant class II to individuals or institutions except to the registered corroborative societies. The Nationalized banks MSFC has provided in subsection IV of section 36 of the Maharashtra land revenue code without the previous approval of the government which should be obtained by the collectors by submitting self contained reports through the commissioner and by supplying all relevant information to government for the purpose.
(D) Regularization of breach of condition : In case where occupants have violated any of the vital condition attached to the grant of land as occupant class II the collectors should invariably forfeit the land in accordance with the condition of the grant /agreement/certificate dispose of it inaccordance with the rules regarding disposal of land for agriculture purpose provided that in the case off occupant belonging to the backward classes the land should after forfeiture be regranted to him on payment of a nominal occupancy price of rupee 1% holding provided that the violation of the condition of the occupants first mistake unless the collectors considers that an outright grant to the occupant inadvisable and that it would be preferable to lease the land to him on ekasa basis on payment of rent equal to one assessment for two or three years and reafter to grant the land as occupant class II, if the lessee's conduct proves satisfactory.
II . Encroachment.
In the event of any encroachment being made on any land of fore shore vested in the state government (whether or not incharge of local authority) or any such land being used for the purpose of hawking or selling articles without the sanction of competent authority it shall be lawful or the collector to summarily abate or removed in such encroachment or cause any article what so ever hawked or exposed for sale to be removed and the expenses incurred therefore shall be livable from the person in occupation encroachment upon or used as aforesaid.
If the person making any commercial encroachment so desires to charge the said person it sum not exceeding 5 times the value of land at the time of encroachment and to imposed interest for various rates that has been fixed from time to time for regularisation of encroachment.
Provided that no land shall be granted as aforesaid unless the collector gives the public notice of his intention so to do in such manner as he considers fit, and considers any objection or suggestion which may be received by him before granting the land as aforesaid the expenses incurred in giving such public notice shall be paid by the person making the encroachment and on his failure to do so on demand with in a reasonable time shall be recovered from him as arrears of land revenue.
III. Govt. lands Granted Free for Occupancy Price and Revenue for Construction of:- Schools, Colleges, Hospitals, Dispensaries and other Public works
The Government lands are being granted free of occupancy price and free of revenue for construction of schools, colleges hospitals, dispensaries and other public works out of which nor profit is expected under rule7 of the said rules government lands out for playground for schools and colleges and gymnasium for the period of 15 years on payment of nominal lease rent equal to Rs. 1 per annum . The proposals forwarded should include following points: -
IV. Grant of land to Co-operative Housing Societies.
According to rule 27 of Maharashtra Land Revenue(Disposal of Goverment Lands)Rules 1971 with provision of section 40 of the Maharashtra Land Revenue Code 1966:- "Total Family Monthly Income" and "Area of Operation" of the Co-opoerative housinf society are defined as under
A): The total family monthly means monthly income of the person from all sources and includes income of his wife and her husband.
B) Area of operation of the society means town in which society is located (viz. villages or urban areas of the Municipal Council or corporation)
C) The government land should be granted to the cooperative housing societies for construction of residential tenements for their members belonging to various income groups mentioned below on the following principles.
V. Conversion of wadis into Revenue villages.
Provision to section IV(1) of the Maharashtra Land Revenue Code 1966 requires government to constitute every wadi and any area outside the limits of the gaothan of the village having a separate habitation(such wadis or area having a population of not less than 300) to be a village specifying the limits of the village so constituted
VI. Transfer of Govt. land to other department of the State Govt.
Goverment had prescribed the procedure for the transfer of government lands to other departments of the state government, under Section 22 of the unified land revenue code the collector can assign government lands for other public purposes subject to the general orders of the state government. The Collectors of the districts should assign the adequate areas of government lands for the purposes of the different departments of the state government on the applications either from the regional heads of the different department or such other representatives duly authorised by the concerned departments to make applications on behalf of the regional heads and should transfer such assigned lands in the names of the departments concerned.
VII. Disposal of Govt. land for various purposes :-
(i) For agriculture and non -agricultural purpose.
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