LexThe Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1961 : Mah. XXVII] 1
THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON
HOLDINGS) ACT, 1961
[Text as on 6th June 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
2A. Constitution and reconstitution of Tribunals.
CHAPTER II
LOWERING OF CEILING ON HOLDINGS
3. Prohibition on holding land in excess of ceil ing area; and area in excess of ceiling to be
surplus land.
4. Land held by family unit.
5. Ceiling area.
6. Lands held in excess of ceiling area deemed to be within ceiling area in certain
circumstances.
7. Persons holding both exempted land and other land.
CHAPTER III
RESTRICTIONS ON TRANSFERERS AND ACQUISITIONS OF LAND AND CONSEQUENCES OF
CONTRAVENTIONS
8. Restriction on transfer, etc.
9. Restriction on acquisition of land in excess of ceiling area.
10. Consequences of certain transfers and acquisitions of land.
11. Restriction on partition.
11A. Ceiling area where land is converted into another class.
CHAPTER IV
SURPLUS LAND
12. Submission of returns.
12A. Power of State Government to extend time for filing return.
13. Failure to submit return.
14. Power of Collector to hold enquiry.
2 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
15. Division of survey numbers or of sub -divisions thereof in determining area o f surplus
land.
16. Selection of land for retention in ceiling area.
17. Notice to persons affected by inquiry under section 14.
18. Collector to consider certain matters.
19. Power of Collector to restore land to landlord in certain cases.
20. Manner of considering claim of landlord to land under section 19.
21. Collector to make declaration regarding surplus land, etc., and consequences thereof.
21A. Damages for use and occupation of surplus land.
CHAPTER V
COMPENSATION
22. Payment of compensation.
23. Quantum of compensation.
24. Collector to give notice calling upon interes ted persons to submit claims to
compensation.
25. Determination of compensation and apportionment thereof.
26. Mode of payment of amount of compensation.
CHAPTER VI
DISTRIBUTION OF SURPLUS LAND
27. Distribution of surplus land.
27A. Power of Collector to grant land for public purposes, etc.
28. Special provision in respect of land taken over from industrial undertaking to ensure
efficient cultivation and continued supply of raw material.
28-1A. [Deleted].
28-1AA. Power of State Government to grant land to State Corporations.
28-1B. [Deleted].
28-A. [Deleted].
29. Restriction on transfer or division of land granted under section 28.
29A. Conversion of Occupancy of land granted under section 27.
CHAPTER VII
PROCEDURE AND APPEAL
30. Power of Collector in making inquiries.
31. Manner of recording decisions of Collector.
32. Service of notices.
33. Appeals.
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 3
Holdings) Act, 1961
34. Power of Maharashtra Revenue Tribunal to confirm, etc., order, etc.
35. Limitation for appeals.
36. Court-fee.
CHAPTER VIII
MISCELLANEOUS
37. Power of Collector to correct clerical, etc., mistakes in declaration or award.
38. Sums recoverable as arrears of land revenue.
39. Mode of putting persons in possession of land.
40. Summary eviction.
40A. [Deleted].
41. Bar of jurisdiction.
42. Inquiries and proceedings to be judicial proceedings.
43. Officers to be public servants.
43A. Particulars to be furnished where land is held i n jurisdiction of more than one village
accountant.
44. Protection of action taken under this Act.
44A. Tribunal to exercise powers and perform duties of Collector in certain areas for certain
purposes of Act to the exclusion of Collector.
44B. Pleaders, etc., excluded from appearance.
45. Control.
45A. Power of revision of Commissioner in inquiries and proceedings under section 27.
46. Power to make rules.
47. Exempted lands.
48. Enactments amended.
49. Power to remove difficulties.
FIRST SCHEDULE
SECOND SCHEDULE
[THIRD SCHEDULE] Deleted
4 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 5
Holdings) Act, 1961
LIST OF AMENDMENT ACTS
1. Amended by Mah. 13 of 19621
2. Amended by Mah. 9 of 1963
3. Amended by Mah. 25 of 1963
4. Amended by Mah. 32 of 1963
5. Amended by Mah. 16 of 1965
6. Amended by Mah. 32 of 19652
7. Amended by Mah. 16 of 1968
8. Amended by Mah. 33 of 19683
9. Amended by Mah. 37 of 19694
10. Amended by Mah. 38 of 19695
11. Amended by Mah. 27 of 1970
12. Amended by Mah. 13 of 19726 (4-5-1972)
13. Amended by Mah. 50 of 19737 (9-10-1973)
14. Amended by Mah. 21 of 19758 (19-9-1975)
15. Amended by Mah. 47 of 1975 (20-9-1975)
16. Amended by Mah. 2 of 19769
17. Amended by Mah. 26 of 1976
1 The principal Act shall be deemed always to have been amended by the provisions of Mah. 13 of 1962 (vide s. 9 of Mah.
13 of 1962).
2 The amendments made by Mah. 32 of 1965 shall be deemed to have come into force on the date on which the principal
Act came into force (vide s. 5 of Mah. 32 of 1965).
3 Mah. Ord. V of 1968 was repealed by Mah. 33 of 1968.
4 Mah. Ord. X of 1969 was repealed by Mah. 37 of 1969, s. 3.
5 Mah. Ord. IX of 1969 was repealed by Mah. 38 of 1969, s. 3.
6 Mah. Ord. IV of 1972 was repealed by Mah. 13 of 1972, s. 3.
7 Mah. Ord. XII of 1973 was repealed by Mah. 50 of 1973, s. 5.
8 Section 2 of Mah. 21 of 1975 reads as under :–
“2. Declaration for giving effect to policy of State towards securing principles specified in clause (b) and (c) of article
39 of the Constitution. — In pursuance of article 31 -C of the Constitution of India, it is hereby declared that the
provisions of this Act are enacted for giving effect to the policy of the State towards securing the principles specified in
clause ( b) and clause ( c) of article 39 of the Constitution of India; and in particular, but without prejudice to the
generality of the foregoing declaration, for providing that the ownership and control of the agricultural resources of the
community are so distributed as best to subserve the common good, and also that the operation of the agricultural
economic system does not result in the concentration of wealth and means of agricultural production to the common
detriment.”
9 Provisions of sections 2( c), 3, 4(b), (c) and (d), 8(a), 10, 11(b) and 12 to 17 (both inclusive) were deemed to have come
into force on the 22 nd day of September, 1975. Provisions of sections 2( a) and (b), 5, 7 and 8( b) were deemed to have
come into force on the 2 nd day of October 1975 and the remaining provisions of this Act came into force on the 3 rd
January 1976. [See Mah. 2 of 1976, s. 1 (2)].
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
18. Amended by Mah. 57 of 1976 (12-1-1977)1
19. Amended by Mah. 60 of 1977
20. Amended by Mah. 13 of 1988
21. Amended by Mah. 16 of 19902
22. Amended by Mah. 17 of 1990
23. Amended by Mah. 17 of 2003 (20-5-2003)3
24. Amended by Mah. 8 of 20064 (17-2-2006)
25. Amended by Mah. 1 of 2012 (2-2-2012)
26. Amended by Mah. 19 of 2018 (20-2-2018)
27. Amended by Mah. 71 of 2018 (15-12-2018)
28. Amended by Mah. 19 of 2019 (23-7-2019)
29. Amended by Mah. 6 of 2024 (19-1-2024)
1 Section 5 of Mah. 57 of 1976 reads as follows :–
“5. Validation of revisional jurisdiction exercised by the Collector under section 45A of Mah. XXVII of
1961.—Notwithstanding anything contained in any judgement, decree or order of any Court or Tribunal, anything done
or any action taken or any order passed by the Collector (including any revisional jurisdiction exercised or proceedings
taken by him in any case) before the date of commencement of the Mah arashtra Agricultural Lands (Ceiling on
Holdings) (Amendment and Validation) Act, 1976 (Mah. LVII of 1976 ), in the exercise or purported exercise of the
powers conferred on him by sub -section (2) of section 45 -A of the principal Act shall not be deemed to be illegal or
invalid or ever to have been illegal or invalid merely on the ground that the Collector was not empowered to do such
thing or to take such action or to pass such order, or that such things, action or order was purported to have been done,
taken or passed as the case may be, under sub -section (2) of the said section 45 -A of the Act before amendment, and not
under the said section ( 2) as amended by this Act, or that the Collector had otherwise no jurisdiction to revise the
proceedings of any Tribunal; and accordingly, anything done or action taken or order passed by the Collector in all such
cases shall be deemed to have been legally and validly done, taken or passed, as the case may be, under the said sub -
section (2) as amended by this Act; and no suit or other legal proceedings shall lie or be continued in any Court or before
any Tribunal against the Collector, in respect of any such thing, action or order.”
2 Section 3 of Mah. 16 of 1990 reads as follows :–
“3. Validation of p roceeding or orders initiated or passed by the State Government and of acts or things done in
pursuance thereof.— Notwithstanding anything contained in the principal Act or in any judgment, decree or order of any
Court or Tribunal any proceeding in itiated or any order passed by the State Government in any such proceeding under
sub-section ( 2) of section 45 of the principal Act, as amended by the Maharashtra Agricultural Lands (Ceiling on
Holdings) (Amendment) Act, 1976 (Mah. XXVI of 1976 ), during the perio d commencing on the date of coming into
force of the said amendment Act and ending on the date of commencement of this Act shall not be deemed to be invalid
and shall be deemed to have been validly initiated or passed under sub -section (2) of section 45 o f the principal Act, as
amended by this Act, as if provisions of sub -section (2) of section 45 as so amended by this Act had been in force at all
material times when such proceeding was initiated or order passed, and accordingly all acts and things done i n
pursuance of any order so passed shall be valid and effective and no such proceeding, order, acts or things initiated,
passed, done or taken shall be called in question in any Court merely on the ground that the State Government had no
power to initiate such proceeding or pass such order.”
3 Mah. 17 of 2003 was brought into force on 20 -5-2003 vide G. N., R. & F. D., No. ICH-3498/ CR-23/Part F/L-7, dated 8-
5-2003.
4 Mah. Ord. 3 of 2006 was repealed by Mah. 8 of 2006, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 7
Holdings) Act, 1961
MAHARASHTRA ACT No. XXVII OF 19611
[THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961.]
[This Act received the assent of the President on the 7th June 1961 ; assent was first published
in the Maharashtra Government Gazette, Part IV, on the 16th June, 1961.]
An Act to impose a maximum limit (or ceiling) on the holding of agricultural land in the State
of Maharashtra; to provide for the acquisition and distribution of land held in excess of such
ceiling; 2[to provide that the lands taken over from undertaking and the integrity of
which is maintained in compact blocks for ensuring the full and efficient use of the
land for agriculture and its efficient management through corporations
(including a company) owned or controlled by the State, be granted to
such corporations or company;] and for matters connected
with the purposes aforesaid.
WHEREAS, for securing the distribution of agricultural land as best to subserve the common
good, it is expedient in the public interest to impose a maximum limit (or ceil ing) on the holding of
agricultural land in the State of Maharashtra; to provide for the acquisition of land held in excess of the
ceiling, and for the distribution thereof to landless and other persons; 3[also to provide that the lands
taken over from undertaking and the integrity of which is maintained in compact blocks for ensuring
the full and efficient use of the land for agriculture and its efficient management through corporations
(including a company) owned or controlled by the State, be granted to such corporations or company;]
and for matters connected with the purposes aforesaid; it is hereby enacted in the Twelfth Year of the
Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, exten t and commencement. — (1) This Act may be called the Maharashtra
Agricultural Lands (Ceiling on Holdings) Act, 1961.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such 4date as the State Government may, by notifi cation in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires—
(1) “agriculture” includes—
(a) horticulture,
(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(c) the use by an agriculturist of land held by him, or part thereof, for grazing,
(d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose
of rab-manure,
(e) dairy farming,
(f) poultry farming,
(g) breeding of live-stock,
but, does not include the cutting of wood only;
1 For Statement of Objects and Reasons of the L.A. Bill No. I of 1961 , see Maharashtra Government Gazette , 1961,
Extraordinary No.1, Part V, dated 3rd January 1961, pages 105-107; for Report of th e Joint Committee, see ibid., Part V,
pages 151-277.
2 These words were inserted by Mah. 27 of 1970, s. 2.
3 These words were inserted by Mah. 27of 1970, s. 3.
4 26th day of January 1962, vide G. N., R. D., No. ICH. 1062-M (Spl.), dated 16th January 1962.
8 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
1[* * * *
(3) “agriculturist” means a person who cultivates land personally;
2[(3A) “Amending Act, 1972” means the Maharashtra Agricultural Lands (Lowering of Ceiling
on Holdings) and (Amendment) Act, 1972 (Mah. XXI of 1975);]
(4) “appointed day” means the day on which this Act comes into force;
(5) “class of land” means land falling under any one of the following categories, that is to say,—
3[(a) land with an assured supply of water for irrigation and capable of yielding at least two
crops in a year, that is to say,—
(i) land irrigated seasonally as well as perennially by flow irrigation from any source
constructed or maintained by the State Government or by any Zilla Parishad or from any
other natural source of water ; or
(ii) land irrigated perennially by a Government owned and managed lift from any
source constructed or maintained by the State Government or by any Zilla Parishad or from
any other natural source of water ;
(b) land (other than land falling in clause ( c)) which has no assured perennial supply of
water for irrigation, but has an assured supply of water for only one crop in a year, that is to say,
land irrigated—
(i) seasonally by flow irrigation from any source constructed or maintained by the
State Government or by any Zilla Parishad or from any other natural source of water ; or
(ii) perennially by a lift (other than a lift referred to in item (ii) of clause (a)) from any
source constructed or maintained by the State Government or by any Zilla Parishad or from
any other natural source of water ; or
(iii) perennially from a privately -owned well situated on land within the irrigable
command of any irrigation project, or in the bed of a river, stream or natural collection of
water or drainage channel (being a river, stream, natural collection of water or drainage
channel which is a perennial source of water) ;
(c) land irrigated seasonally by flow irrigation from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any other natural source of water with
unassured water supply, that is, where supply is given under water sanctions, which are
temporary, or where such sanctions are regulated on the basis of availability of water in the
storage ;
(d) dry crop land, that is to say, land other than land falling under sub -clause (a), (b), or (c)
of this clause situated in the Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri
and Bhandara and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District
and which is under paddy cultivation for a continuous period of three years immediately
preceding the commencement date ;
(e) dry crop land, that is to say, land other than land falling under sub -clause (a), (b), (c) or
(d) of this clause.
Explanation.— For the purposes of this clause,—
(1) land situated within the irrigable command of an irrigation project, means all lands
which are irrigated or are capable of being irrigated from such project ;
(2) land which is irrigated from any source of irrigation specified in sub-clause (a), (b)
or (c) and which was used for horticulture (other than the land used for growing of coconut,
1 Clause (2) was deleted by Mah. 21 of 1975, s. 3 (1).
2 Sub-clause (3A) was inserted by Mah. 21 of 1975, s. 3 (2).
3 Sub-clauses (a) to (e) were substituted for sub-clauses (a) to (d) by Mah. 47 of 1975, s. 2.
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 9
Holdings) Act, 1961
arecanut, bananas, guava or for vineyards) on or before the 26 th day of September, 1970
shall be deemed to be land falling under sub-clause (e) until the 4th day of August, 1979;
(3) land which is irrigated from any source of irrigation specified in sub -clause ( b)
shall not be deemed to be land falling under the said sub -clause ( b) if the irrigation is
provided by a private lift irrigation work operated by diesel or electric power or operated by
both methods and constructed after the 15th day of August 1972.]
1[(5A) “Code” means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;]
(6) “Collector” includes an Additional Collector, and an Assistant or Deputy Collector exercising
the powers or discharging the d uties of a Collector under the 2[Code], and also any other officer not
below the rank of an Assistant or Deputy Collector, especially empowered by the S tate Government to
exercise the powers and perform the functions of the Collector by or under this Act ;
3[(6A) “commencement date” means the 2nd day of October 1975 ;]
(7) “Commissioner” includes an Additional Commissioner ;
(8) “to cultivate” with it s grammatical variations and cognate expressions, means to till or
husband land for the purpose of raising or improving agricultural produce, whether by manual labour
or with the use of cattle or by machinery, or to carry on any agricultural operation thereon ;
Explanation.— A person, who enters into a contract to cut grass on any land, shall not on that
account only be taken to cultivate such land;
(9) “to cultivate personally” means to cultivate land on a person’s own account,—
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by hired labour, or by servants on wages, payable in cash or kind (but not in crop share)
under the personal supervision of himself or any member of his family;
Explanation I .— A person under disability shall be deemed to cultivate personally, if he
cultivates through his servants, or by hired labour ;
Explanation II.— In the case of joint family, land shall be deemed to be cultivated personally, if it
is so cultivated by any member of such family ;
(10) “exempted land” means land exempted from the provisions of this Act under section 47 ;
(11) “family” includes, a Hindu undivided family, and in the case of other persons, a group or
unit the members of which by custom or usage, are joint in estate or possession or residence ;
4[(11A) “family unit” means a family unit as explained in section 4 ;]
(12) “farming society” means a society registered or deemed to be registered as such, under any
law for the time being in force relating to the registration of co-operative societies ;
(13) “fragment” has the meaning assigned to it in section 2 of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947);
(14) “to hold land”, with its grammatical variations and cognate expressions, means to be
lawfully in actual possession of land as owner or as tenant ; and “holding” shall be construed
accordingly ;
(15) “joint farming society” means a joint farming society (registered or deemed to be registered
as such, under any law for the time being in force relating to the registration of co -operative societies)
the members of which cultivate jointly the land held by the members or by the society ;
1 Clause (5A) was inserted by Mah. 21 of 1975, s. 3(4).
2 This word was substituted for the words “relevant Code” by Mah. 21 of 1975, s. 3(5).
3 Clause (6A) was substituted by Mah. 2 of 1976, s. 2(a).
4 Clause (11A) was inserted by Mah. 21 of 1975, s. 3(7).
10 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
(16) “land” means land which is used, or capable of being used, for purposes of agriculture, 1[and
includes—
(a) the sites of farm buildings on, or appurtenant to such land;
(b) land on which grass grows naturally ;
(c) trees and standing crops on such land ;
(d) canals, channels, wells, pipes or reservoirs or other works constructed or maintained on
such land of the supply or storage of water for the purpose of agriculture ;
(e) drainage-works, embankments, bandharas or any other works appurtenant to such land,
or constructed or maintained thereon for the purposes of agriculture; and all structures and
permanent fixtures on such land;]
2[(17) “landless person” means a person who does not hold any land or who holds land for the
purpose of agriculture not in excess of one hectare of dry crop land (or irrigated land proportionately
converted in the manner provided in section 5) and earns his livelihood principally by manual labour
on agricultural land in either case;]
3 * * * * * *
(19) “Maharashtra Revenue Tribunal” means the Maharashtra Revenue Tribunal constit uted
under the 4Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958) ;
5 * * * * * *
(21) “owner”, in relation to any land, includes the person holding the land as occupant, 6[or
superior holder as defined in the Code], or as lessee of Government, a mortgagee -in-possession, and a
person holding land for his maintenance;
(22) “person” includes a family ;
(23) “person under disability” means—
(a) a widow, or
(b) a minor, or
(c) a woman, who is unmarried, or who if married is divorced or judicially separated from
her husband, or whose husband is a person who is a serving member of the Armed Forces or falls
under item (d), or
(d) a person who by reason of some mental or physical disability is incapable of cultivating
land either by personal labour or under supervision, and includes a serving member of the Armed
Forces;
(24) “prescribed” means prescribed by rules made under this Act;
7 * * * * * *
(26) “relevant tenancy law” means—
(a) in relation to the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and
Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bom. XCIX of 1958);
1 This portion was deemed always to have been substituted for the portion beginning with “and includes” and ending with
“grass grows naturally” by Mah. 32 of 1963, s. 2.
2 Clause (17) was substituted by Mah. 21 of 1975, s. 3(8).
3 Clause (18) was deleted by Mah. 21 of 1975, s. 3(9).
4 Now see Maharashtra Land Revenue code, 1966 (Mah. XLI of 1966).
5 Clause (20) was deleted by Mah. 2 of 1976, s. 2(b).
6 These words were substituted for the words “superior holder, tenure holder or land holder as defined in the relevant
Code” by Mah. 21 of 1975, s. 3(11).
7 Clause (25) was deleted by Mah. 21 of 1975, s. 3(12).
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 11
Holdings) Act, 1961
(b) in relation to the Hyderabad area of the State, the Hyderabad Tenancy and Agricultural
Lands Act, 1950 (Hyd. Act. XXI of 1950); and
(c) in relation to the rest of the State, the Bombay Tenancy and Agricultura l Lands Act,
1948 (Bom. LXVII of 1948);
(27) “Schedule” means a Schedule appended to this Act;
(28) “serving member of the Armed Forces” means a person in the service of the Armed Forces
of the Union; Provided that, if a question arises whether or not any person is a serving member of the
Armed Forces of the Union the question shall be decided by the State Government, and its decision
thereon shall be final ;
1 * * * * * *
(30) “tenant” means a person who holds land on lease, and includes a person who is deemed to
be a tenant under the relevant tenancy law; and “landlord” means a person from whom land is held on
lease by a tenant, and includes a person who is deemed to be a landlord u nder the relevant tenancy
law;
2 * * * * * *
3[(31) “Tribunal” means the Surplus Lands Determination Tribunal or; as the case may be, the
Land Distribution Tribunal constituted under section 2A;]
(32) words and expressions used in this Act, but not defined, shall have the meanings assigned to
them 4[in the Code.]
5[2A. Constitution and reconstitution of Tribunals. — (1) The State Government may, by
notification in the Official Gazette , from time to time, constitute as many Tribunals as may be
necessary for such area or areas and for such purpose or purposes of this Act or for such provision or
provisions thereof as may be specified in the notification.
(2) Where a Tribunal is constituted or reconstituted for the purpose of determining surplus land
under the provisions of this Act, the Tribunal shall be called the Surplus Lands Determination Tribunal.
Where a Tribunal is constituted or reconstituted for the purpose of distributing surplus land under this
Act, it shall be called the Lands Distribution Tribunal.
(3) Each Tribunal shall consist of not less than three members of whom one shall be a person who
holds or has held a civil post under the State not below the rank of a Tahsildar and such person shall be
the Chairman of the Tribunal.
(4) The State Government may, from time to time, likewise reconstitute any Tribunal constituted
under sub-section (1), or may at any time abolish such Tribunal. The State Government may also at any
time by order in writing discontinue or remove any member from the Tribunal without assigning any
reason.
(5) The q uorum to constitute a meeting of the Tribunal and the procedure to be followed by it
shall be such as may be prescribed :
6[Provided that, where within half an hour of the time fixed for the meeting of the Tribunal there
is no quorum as may be so prescrib ed, and if the Chairman alone is present, he shall be deemed to be
the necessary quorum to constitute the meeting of the Tribunal. He shall proceed further with the
meeting, and record his decision in the proceedings as a decision of the Tribunal.]
1 Clauses (29) and (31) were deleted by Mah. 21 of 1975, s. 3(12).
2 Clauses (29) and (31) were deleted by Mah. 21 of 1975, s. 3(12).
3 Clause (31) was inserted by Mah. 2 of 1976, s. 2(c).
4 These words were substituted for the words “in the relevant Code” by Mah. 21 of 1975, s. 3 (13).
5 Section 2A was inserted by Mah. 2 of 1976, s. 3.
6 This proviso was added by Mah. 60 of 1977, s. 2(1).
12 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
(6) 1[Save as otherwise provided in sub -section ( 5), all decisions of a Tr ibunal] shall be by a
majority opinion of the members present; and where the opinion is equally divided, the decision of the
Chairman shall be the decision of the Tribunal :
Provided tha t, where the Chairman differs from the majority opinion on the ground that the
decision is inconsistent with the provisions of this Act or any rules made thereunder or with evidence
recorded in the proceedings, he shall make a reference to the Collector po inting out the inconsistencies
for which he differs from the majority opinion. He shall also forward proceedings of the case to the
Collector. On receipt of the reference, th e Collector shall himself hear and dispose of the proceedings
as expenditiously as possible.
(7) No act or proceedings of any such Tribunal shall be deemed to be invalid by reason only of
the existence of any vacancy among its members or any defect in the constitution or reconstitution
thereof.
(8) There shall be paid to the members of the Tribun al other than Chairman such travelling
allowances, daily allowance and other allowances for attending the sittings of the Tribunal as are
admissible to officers of Class I, and the terms and conditions of appointment of members including
their term of office shall be such as the State Government may, from time to time, by order determine.
The Chairman shall be entitled to such allowances as the State Government may by order determine.
(9) Notwithstanding anything contained in this section or any rules or orders, made thereunder, a
member of the State Legislature while holding the office of member of the Tribunal shall not be
entitled to receive any remuneration or allowance other than travelling allowances, daily allowance, or
such other allowance which is paid to the holder of such office for the purpose of meeting the personal
expenditure incurred in attending the siting of the Tribunal or in performi ng any other functions of the
Tribunal.]
2[CHAPTER II
LOWERING OF CEILING ON HOLDINGS
3. Prohibition on holding land in excess of ceiling area; and area in excess of ceiling to be
surplus lands.— (1) Subject to the provisions of this Chapter and Chapt er III, no person or family
unit shall, after the commencement date, hold land in excess of the ceiling area, as determined in the
manner hereinafter provided.
Explanation.— A person or family unit may hold exempted land to any extent.
(2) All land held by a person, or as the case may be, a family unit whether in this State or any
other part of India in excess of the ceiling area, shall, notwithstanding anything containe d in any law
for the time being in force or usage, be deemed to be surplus land, and shall be dealt with in the manner
hereinafter provided for surplus land.
In determining surplus land from the holding of a person, or as the case may be, of a family unit,
the fact that the person or a ny member of the family unit has died (on or after commencement date or
any date subsequent to the date on which the holding exceeds the ceiling area, but before the
declaration of surplus land is made in respect of that holding) shall be ignored; and acco rdingly, the
surplus land shall be determined as if that person, or as the case may be, the member of a family unit
had not died.
1 These words were substituted for the words “All decisions of a Tribunal” by Mah. 60 of 1977, s. 2(2).
2 Chapters II and III were substituted by Mah. 21 of 1975, s. 4, read with Mah. 47 of 1975, s. 3. Section 5 of Mah. 21 of
1975 reads as under :–
“5. Savings. — Notwithstanding the substitution of the Chapters II and III by section 4 of the Act all proceedings
pending immediately before the commencement date in any court or tribunal or before any authority for the purpose of
determining the ceiling area in respect of any holdings and the surplus land in such holdings in pursuance of the
provisions in the original Chapters II and III shall be continued and disposed of by or under the principal Act, as if that
Act had not been amended by the Amending Act, 1972; and the amount of compensation for such surplus land acquired
by the State Government under sub -section (4), or as the case may be, sub -section (5), of section 21 shall be at the rate
provided in the principal Act, as unamended by this Act. Afte r the ceiling area is determined and the area delimited as
surplus land is declared finally under section 21 of the principal Act, then, subject as aforesaid, the provisions of the
principal Act as amended by this Act shall apply to such holding and land declared as surplus land.”
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 13
Holdings) Act, 1961
Explanation.— In calculating the ceiling area to be held in this State, and determining the surplus
land, the area of land in any other part of India (being land which a person or family unit is entitled to
hold in such other part of India under any law relating to ceiling on land) shall be taken into
consideration. Only land held in this State may be declared as surplus.
(3) Where any land—
(a) is held by a family of which a person is a member,
(b) is held in or operated by a co-operative society of which a person is a member,
(c) is held by a person jointly with others,
(d) is held by a person as a partner in a firm,
and the holding of such person or of a family unit of which such person is a member [including the
extent of share of such person, if any, in the land answering to any of the descriptions in clauses ( a),
(b), (c) or ( d) above] exceeds the ceiling area on or b efore the commencement date or on any date
thereafter (hereinafter referred to as the relevant date), then for the purpose of determining the ceiling
area and the surplus land in respect of that holding, the share of such person in the land aforesaid shal l
be calculated in the following manner :—
(i) in the land held by a family of which the person is a member, the share of each member
of the family shall be determined so that each member who is entitled to a share on partition, shall
be taken to be holding separately land to the extent of his share, as if the land had been so divided
and separately held on the relevant date ;
(ii) in the land held in or operated by a co -operative society or held jointly with others or
held by a firm, the share of the per son shall be taken to be the extent of land such person would
hold in proportion of his share in the co -operative society, or his share in the joint holding or his
share as partner in the firm, as if the land had been so divided and separately held on the relevant
date.
(4) No land shall be taken into consideration more than once in calculating the ceiling area for the
holding of any person, or as the case may be, of family unit.
4. Land held by family unit. — (1) All land held by each member of a family unit, whether
jointly or separately, shall for the purposes of determining the ceiling area of the family unit, be
deemed to be held by the family unit.
1* * *
2* * *
Explanation.— A “family unit” means,—
(a) a perso n and his spouse (or more than one spouse) and their minor sons and minor
unmarried daughters, if any; or
(b) where any spouse is dead, the surviving spouse or spouses, and the minor sons and
minor unmarried daughters; or
(c) where the spouses are dead, the minor sons and minor unmarried daughters of such
deceased spouses.
(2) For the purposes of this section, all declarations of dissolution of marriage made by a Court
after the 26 th day of September, 1970, and all dissolutions of marriage by custom, or duly made,
pronounced or declared on or after that date shall, for the purposes of determining the ceiling area to be
held by a family unit, be ignored; and accordingly, the land held by each spouse shall be taken into
consideration for that purpose, as if no dissolution had taken place. But, if a proceeding for dissolution
of marriage has commenced before any Court before the aforesaid date, then the dissolution of
1 This proviso was deleted by Mah. 47 of 1975, s. 3 (1) (a).
2 The definition of “Transfer” was deleted by Mah. 47 of 1975, s. 3 (1) (a).
14 The Maharashtra Agricultural Lands (Ceiling on [1961 : Mah. XXVII
Holdings) Act, 1961
marriage shall have full effect (whether the marriage is dissolved before or after that date), and shall be
taken into consideration in determining the ceiling area of family unit.
5. Ceiling area. — (1) In each of the districts and talukas specified in column 1 of the First
Schedule, for each class of land described in columns 2, 3, 4, 5 and 6 thereof, the ceiling area shall be
the area mentioned under each such class of land against such district or taluka.
(2) If a person, or a family unit, holds land of only one class, the ceiling area for his or its holding
shall be the ceiling area for that class of land.
(3) Where a person or a family unit holds different classes of land, then, for calculating whether
the holding is equal to or in excess of the ceiling area, that total area of the holding shall be calculated
in the following manner :—
The area of each class of land falling under sub-clauses (a), (b) or (c) of clause (5) of section
2 shall be converted into dry crop land falling under sub -clause (d) or as the case may be, sub -
clause (e) of clause (5) of the section on the basis of the proport ion which the ceiling area for the
class of land to be converted, bears to the ceiling area for dry crop land, aforesaid. Where a
person or family unit holds dry crop land falling under sub -clauses (d) and (e) of clause (5), then
the conversion shall be made into land falling under sub -clause (e). If the area in terms of dry
crop land so arrived at, together with the area of such dry crop land, if any, in his or its holding, is
equal to the ceiling area for drycrop land falling under sub -clause (d), or as the case may be, sub -
clause (e), aforesaid, the holding shall be deemed to be equal to the ceiling area. If it exceeds the
ceiling area, the holding shall be deemed to be in excess of the ceiling area.]
1[6. Lands held in excess of ceiling area deemed to be within ceiling area in certain
circumstances.— Where a family unit, co nsists of members which exceed five in number, the family
unit shall be entitled to hold land exceeding the ceiling area to the extent of one-fifth of the ceiling area
for each member in excess of five, so however that the total holding shall not exceed twice the ceiling
area, and in suc h case, in relation to the holding of such family unit, such area shall be deemed to be
the ceiling area.]
7. Persons holding both exempted land and other land.— Where a person or family unit holds
both exempted land and other land (that is, land which is not exempted land) then,—
(a) if the area of exempted land is less than the ceiling area, he or it shall be entitled to hold
so much only of other land as together with the area of exempted land, equals the ceiling area;
and in such case, in relation to the holding of that person, or as the case may be, family unit, such
area shall be deemed to be the ceiling area;
(b) in any other case, he or it shall not be entitled to hold any land which is not exempted
land.
CHAPTER III
RESTRICTIONS ON TRANSFERS AND ACQUISITIONS OF LAND AND CONSEQUENCES OF
CONTRAVENTIONS
8. Restriction on transfer, etc. — Where a person, or as the case may be, a family unit holds
land in excess of the ceiling area on or after the commencement date, such person, or as the case may
be, any member of the family unit shall not, on and after that date, transfer any land, until the land in
excess of the ceiling area is determined under this Act.
Explanation.— In this section, “transfer” means transfer, whether by way of sale, gift, mortgage
with possession, exchange, l ease, assignment of land for maintenance, surrender of a tenancy or
resumption of land by a landlord or any other disposition, whether by act of parties made inter vivos or
by decree or order of a court, tribunal or authority (except where such decree or order is passed in a
proceeding which is instituted in such court, tribunal or before such authority before the 26 th day of
September 1970), but does not include transfer by way of sale or otherwise of land for the recovery of
1 This section was substituted by Mah. 47 of 1975, s. 3 (1) (b).
1961 : Mah. XXVII] The Maharashtra Agricultural Lands (Ceiling on 15
Holdings) Act, 1961
land revenue or for sums rec overable as arrears of land revenue, or acquisition of land for a public
purpose under any law for the time being in force.
9. Restriction on acquisition of land in excess of ceiling area. — No person or a member of a
family unit shall at any time, on or after the commencement date, acquire by transfer any land if he, or
as the case may be, the family unit already holds land in excess of the ceiling area or land which
together with any other land already held by such person, or as the case may be, the fami ly unit, will
exceed in the total the ceiling area.
Explanation.— In this section, transfer has the same meaning as in section 8.
10. Consequences of certain transfers and acquisitions of land.— (1) If —
(a) any person or a member of a family unit, after the 26th day of September 1970 but before
the commencement date, transfers any land in anticipation of or in order to avoid or defeat the
object of the Amending Act, 1972, or
(b) any land is transferred in contravention of section 8,
then in calculating the ceiling area which that person, or as the case may be, the family unit, is
entitled to hold, the land so transferred shall be taken into consideration, and the land exceeding
the ceiling area so calculated shall be deemed to be in e xcess of the ceiling area for that holding,
notwithstanding that the land remaining with him or with the family unit may not in fact be in
excess of the ceiling area.
If by reason of such transfer, the holding of a person, or as the case may be, of the fa mily
unit is less than the area so calculated to be in excess of the ceiling area, then all the land of the
person, or as the case may be, the family unit shall be deemed to be surplus land; and out of the
land so transferred and in possession of the trans feree [unless such land is liable to forfeiture
under the provisions of sub -section ( 3)], land to the extent of such deficiency shall, subject to
rules made in that behalf, also be deemed to be surplus land, notwithstanding that the holding of
the transferee may not in fact be in excess of the ceiling area.
Explanation.— For the purposes of clause (a) ‘transfer’ has the same meaning as in section 8.
All transfers made after the 26th day of September 1970 but before the commencement date,
shall be deemed (unless the contrary is proved) to have been made in anticipation of or in order to
avoid or defeat the object of the Amendment Act, 1972.
1[Explanation.— For the purposes of this sub -section, a transfer shall not be regarded as
made on or before 26th September 1970 if the document evidenceing the transfer is not registered
on or before that date or where it is registered after that date, it is not presented for registration on
or before the said date.]
(2) If any land is possessed on or after the commencement date by a person, or as the case may
be, a family unit in excess of the ceiling area, or if as a result of acquisition (by testamentary
disposition or devolution on death or by operation of law) of any land on or after that date, the total
area of land held by any person, or as the case may be, a family unit, exceeds the ceiling area, the land
so in excess shall be surplus land.
(3) Where land is acquired in willful contravention of section 9, then as a penalty theExcerpt shown. Open the full act in Lexace.