THE MAHARASHTRA AGRICULTURAL

LANDS (CEILING ON HOLDINGS) ACT, 1961

[Maharashtra Act No. XXVII of 1961]
[16th June, 1961]
(1). What does the “Preamble” of the Act says:
(i). An Act to impose a maximum limit (or ceiling) on the holding of
agricultural land in the State of Maharashtra;
(ii). to provide for the acquisition and distribution of land held in excess of
such ceiling to landless and other persons;
(iii). to provide that the lands taken over from undertakings and the integrity of
which is maintained in compact blocks,
(iv). 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;
(v). and for matters connected with the purpose aforesaid.
(vi). 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 ceiling) on
the holding of agricultural land in the State of Maharashtra;

(2). STATEMENT OF OBJECTS AND REASONS OF THE ACT

The necessity for limiting the size of agricultural holdings so as to reduce
inequality in the present distribution of agricultural land, which still form the main
livelihood of the majority of the people in this country and for distributing the
surplus to persons in need of land for their livelihood as a measure of social justice,
was widely recognized.
Recommendations for legislation to achieve this object had been made by the
Planning Commission in the Second Five-Year Plan, and also by the All India
Congress Committee in their resolution on land reforms passed at Nagpur.
No doubt, existing tenancy laws in force in the State do contain provisions for
the limitation of holdings; but they are not uniform. In Vidarbha and Marathwada,
certain enabling provisions existed, but they were not yet taken effect. In the rest of
the State, there is the Bombay Tenancy and Agricultural Lands Act which has
limited the size of a holding, except where it is in a compact block and within a
certain distance.
 But it was considered necessary to have a uniform law throughout the State,
imposing a ceiling on the possession of agricultural lands, and providing for
distribution of the surplus to landless persons, small holders, co-operative farming
societies made up of such persons, etc.
The Act seeks to achieve the said purpose.

The ceiling is fixed for different classes of lands in different local areas, and
they are set out in the First Schedule.
In fixing these ceiling areas, variation in soil, climatic conditions, crop-
patterns, crop yield, prices of crop and other commodities and relevant factors
obtaining in different parts of the State, have been taken into account.
Again, the ceiling areas have been determined, keeping in view the needs of an
average family of five.
To avoid hardship to larger families, additional land to the extent of one-sixth
of the ceiling areas for every member in excess of five is allowed by clause 6 but
subject to an overall limit of two times the ceiling area.
In order that the advantage of this is not abused, “member of a family” has
been defined in clause 2(19).
The manner of calculating the ceiling area has also, been provided, and
illustrations explain the mechanisms of this process.

Note: The primary object and the purpose of the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961, is based on the aforesaid, “Directive Principles of
State Policy”. By passing of the aforesaid, Act, the control of the acquired
agricultural land goes to the corporations including company owned or controlled
by the State. Part IV of the Constitution of India deals with the “Directive
Principles of State Policy”. Article 39 falling under the said Part IV of the
Constitution of India talks about “certain principles of policy to be followed by the
State”. As per Article 39(b) of the Constitution of India the State shall, in particular
direct its policy towards securing that the ownership and control of the material
resources of the community are so distributed as best to subserve the common
good. As per Article 39(c) of the Constitution of India the State shall, in particular
direct its policy towards securing that the operation of the economic system does
not result in the concentration of wealth and means of production to the common
detriment. The primary object and the purpose of the Maharashtra Agricultural
Lands (Ceiling on Holdings) Act, 1961, is based on the aforesaid, “Directive
Principles of State Policy”.
(3). CONTENTS OF THE ACT
Chapter I of the said Act bears the heading “Preliminary” and deals with
“Short title, extent and commencement, Definitions and Constitution and
reconstitution of tribunals”. Chapter II deals with “Lowering of ceiling on
holdings”. Chapter III deals with “Restrictions on transfer and acquisition-
consequences of contravention”. Chapter IV deals with “Surplus land”. Chapter
V deals with “Compensation. Chapter VI deals with “Distribution of surplus
land”. Chapter VII deals with “Procedure and appeal”. Chapter VIII deals with
“Miscellaneous matters”. Certain Schedules are appended to the said act.

(4). CHAPTER I
PRELIMINARY
(a). SECTION 1
Short title, extent 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 date as the State Government may, by
notification in the Official Gazette, appoint.

(b). SECTION 2
Definitions.-- In this Act, unless the context otherwise requires,- -

(i). The expression “Agriculture” includes [Section 2(1)]

(a) horticulture,
(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(c) the use by an agriculturist of land 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.

(ii). [Section 2(2)]

[Deleted]

(iii). The expression “Agriculturist” [Section 2(3)]

means a person who cultivates land personally;

(iv). The expression “Amending Act, 1972” [Section 2(3A)]

means the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings)
and (Amendment) Act, 1972;

(v). The expression “appointed day” [Section 2(4)]

means the day on which this Act comes into force;

(vi). The expression “class of land” [Section 2(5)]

means land falling under any one of the following categories, that is to say:-
(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 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, arecanut, bananas, guava or for vineyards) on or before the
26th 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;

(vii). The expression “Code” [Section 2(5A)]

means the Maharashtra Land Revenue Code, 1966;

(viii). The expression “Collector” [Section 2(6)]

includes an Additional Collector, and an Assistant or Deputy Collector
exercising the powers or discharging the duties of a Collector under the Code, and
also any other officer not below the rank of an Assistant or Deputy Collector,
especially empowered by the State Government to exercise the powers and
perform the functions of the Collector by or under this Act;

(ix). The expression “commencement date” [Section 2(6A)]

means the 2nd day of October, 1975;

(x). The expression “Commissioner” [Section 2(7)]

includes an Additional Commissioner;

(xi). The expression “to cultivate” [Section 2(8)]

with its 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;

(xii). The expression “to cultivate personally” [Section 2(9)]

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;

(xiii). The expression “exempted land” [Section 2(10)]

means land exempted from the provisions of this Act under section 47;

(xiv). The expression “family” [Section 2(11)]

 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;
Case law
Definition of the word “family”-- The definition of the word “family” is an
inclusive definition and includes a Hindu Undivided Family- - A Hindu
Undivided Family will include a Hindu Coparcenary as well as ordinary Hindu
Family without there being any coparceners- - Besides these two categories the
word “family” also includes other persons who are joint in estate or possession
or residence and a group, the members of which by custom or usage are joint in
estate or possession or residence. [State of Maharashtra V/s. Narayanrao,
reported in 1985 Mh. L. J. 558 (SC) = AIR 1985 SC 716 = (1985) 2 SCC 321].
[Also, see, Waman Rao V/s. Union of India, reported in (1981) 2 SCC 362]

(xv). The expression “family unit” [Section 2(11-A)]

means a family unit as explained in section 4;

(xvi). The expression “farming society” [Section 2(12)]

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;

(xvii). The expression “fragment” [Section 2(13)]

has the meaning assigned to it in section 2 of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947;

(xviii). The expression “to hold land” [Section 2(14)]

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:
Case law
Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961- - Sections
2(14), 3, 5, 6 and 10- Meaning of the expression ‘Holding’-- Held, that the
expression ‘holding’ used in Sections 3, 5, 6 and 10 shows that the statute treats
a holding as a unit for purposes of determination of surplus land which can be
acquired from such holding. [Bhikoba Shankar V/s. Mohan Lal, reported in
AIR 1982 SC 865 = 1982 Mah. L. J. 329 = (1982) 1 SCC 680]
(xix). The expression “joint farming society” [Section 2(15)]
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:

(xx). The expression “land” [Section 2(16)]

Means land which is used, or capable of being used, for purposes of
agriculture, 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 for 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;

(xxi). The expression “landless person” [Section 2(17)]

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;

(xxii). [Section 2(18)]

[Deleted]

(xxiii). The expression “Maharashtra Revenue Tribunal” [Section 2(19)]

means the Maharashtra Revenue Tribunal constituted under the Bombay
Revenue Tribunal Act, 1957;
(xxiv). [Section 2(20)]
[Deleted]

(xxv). The expression “owner” [Section 2(21)]

in relation to any land, includes the person holding the land as occupant, 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;

(xxvi). The expression “person” [Section 2(22)]

includes a family;

(xxvii). The expression “person under disability” [Section 2(23)]

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;

(xxviii). The expression “prescribed” [Section 2(24)]

means prescribed by rules made under this Act;

(xxix). [Section 2(25)]

[Deleted]

(xxx). The expression “relevant tenancy laws” means [Section 2(26)]

(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;
(b) in relation to the Hyderabad area of the State, the Hyderabad Tenancy and
Agricultural Lands Act, 1950; and
 (c) in relation to the rest of the State, the Bombay Tenancy and Agricultural
Lands, 1948;

(xxxi). The expression “Schedule” [Section 2(27)]

means a Schedule appended to this Act;

(xxxii). The expression “service member of the Armed Forces” [Section 2(28)]
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;

(xxxiii). [Section 2(29)]

[Deleted]

(xxxiv). The expression “tenant” [Section 2(30)]

means a person who holds land on lease, and includes a person who is deemed
to be a tenant under the relevant tenancy laws, 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 under the relevant tenancy law;

(xxxv). The expression “Tribunal” [Section 2(31)]

means the Surplus Lands Determination Tribunal or, as the case may be, the
Lands Distribution Tribunal constituted under section 2A;

Undefined words and expressions [Section 2(32)]

words and expressions used in this Act, but not defined, shall have the
meanings assigned to them in the Code.

(5). CHAPTER II
LOWERING OF CEILING ON HOLDINGS
(a). SECTION 3
Prohibition on holding land in excess of ceiling area and area in excess of
ceiling to be surplus lands
Prohibition on holding land in excess of ceiling area [Section 3(1)]
Subject to the provisions of this Chapter and Chapter 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.
Note: As per Section 2(6A) the Commencement date is 2nd October, 1975

No prohibition on holding of exempted land [Explanation appended to Section

3(1)]
A person or a family unit may hold exempted land to any extent.

Determination of surplus land and how shall the same be dealt with [Section
3(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 contained 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 any 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 accordingly, the surplus land
shall be determined as if that person, or as the case may be, the member of a family
unit has not died.
Note: As per Section 2(6A) the Commencement date is 2 nd October, 1975.
The Sub section 3(2) creates a legal fiction (a rule assuming as true something
that is false), where under in determining surplus land from the holding of a
person or a family unit, the fact that the person or any member of the family
unit has died (on or after commencement date i.e. on or after 2 nd October,
1975 or any date subsequent to that date i.e. or any date subsequent to 2 nd
October, 1975 on which the holding exceeds the ceiling area, but before the
declaration of surplus land is made in respect of that holding to the concerned
authorities i.e. in between the aforesaid periods), shall be ignored (in the other
words the fact of the death shall be ignored or the person shall be treated to
be alive) and accordingly the surplus land shall be determined as if that
person or the member of a family unit has not died.
Method of Calculation of the ceiling area to be held in this State and
determination of surplus land in cases where land is also held in other part of
India [Explanation appended to Section 3(2)]
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.

Determination of the ceiling area and the surplus land in case where land is
held under different capacities [Section 3(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 before the commencement date (i.e. on or before 2nd October, 1975) 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 shall 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;
Note: Though in fact there is no partition but by virtue of legal fiction it
would be deemed that the partition has taken place.

(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 person 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;
Note: Though in fact there is no division of land but by virtue of legal
fiction it would be deemed that the land has been divided.

No Land to be taken into consideration more than once [Section 3(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 a family unit.

(b). SECTION 4
Land held by family unit
All land held by each member of a family unit be deemed to be held by the
family unit [Section 4(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.

Meaning of the expression a “family unit” [Explanation appended to Section

4(1)]
(a) a person 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.

Effect of Declarations of dissolution of marriage made by a Court etc., in

certain cases [Section 4(2)]
Declaration of dissolution of marriages when to be ignored for the
purposes of determining the ceiling area to be held by a family unit and its
effect: For the purposes of this section, all declarations of dissolution of marriage
made by a Court after the 26th day of September, 1970, and all dissolutions of
marriage by custom, or duly made, pronounced or declared on or after that date
(i.e. on or after 26th September, 1970) 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.
Declaration of dissolution of marriages when shall have full effect and
shall be taken into consideration in determining the ceiling area of a family
unit: But, if a proceeding for dissolution of marriage has commenced before any
Court before the aforesaid date (i.e. before 26th day of September, 1970), then,
the dissolution of marriage shall have full effect (whether the marriage is dissolved
before or after the date), and shall be taken into consideration in determining the
ceiling area of a family unit.
Notes and Case laws
As per Section 2(11-A), the expression “family unit” means a family unit as
explained in section 4;

Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961-- Section

4-- Land held by family unit-- Held, that all the lands held by all the
constituent members of the family unit have to be pooled together for the
purpose of determining the ceiling area which is permissible to the family unit- -
The nature or character of their interest in the land held by them is irrelevant
for that purpose-- The circumstance that the land held by a constituent m
ember of the family unit is a separate property or stridhan property is a matter of
no consequence. [State of Maharashtra V/s. Vyasendra, reported in AIR 1983
SC 632 = (1983) 3 SCC 70]
Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961- - Sections 4
and 8-- Partition through Court decree-- Its effect-- Partition after the
appointed day through Court decree would not diminish surplus area and give
separate units to father and son, being members of alleged HUF- - Partition by
Court decree is not outside the scope of prohibition imposed under Section 8--
Section 8 cannot be read in isolation and is subject to Section 4. [State of
Maharashtra V/s. Wasudeo, reported in AIR 1991 SC 978 = 1991 Supp (2) SCC
453]

(c). SECTION 5
Ceiling area
Contents of First Schedule [Section 5(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.
Land held of only one class, the ceiling area shall be for that class of land
[Section 5(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.
Calculation of total area of the holding in case of different classes of land
[Section 5(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, the 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 that section on the basis of the
proportion 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 the 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 dry
crop 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.
Notes & Case law
Ceiling Area- - Whether liable to fluctuations- - Held, that the ceiling area so
fixed on 26th January, 1962, would not be liable to fluctuations with the
subsequent increase or decrease in the number of the family members, for there
is, apart from the explicit language of sections 3 and 4, no provision in the Act
providing for re-determination of the ceiling area of a family on variations in the
number of its members. [R. L. Wani V/s. State of Maharashtra, reported in 1971
Mh. L. J. 737 (SC)]
Contents of First Schedule appended to the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961 [See Sections 5 and 23]
Column 1 of the First Schedule contains the names of the “Districts and
Talukas”. Column 2 to 6 contains the ceiling area for lands falling under sub-
clause (a) of clause (5) of Section 2, sub-clause (b) of clause (5) of Section 2, sub-
clause (c) of clause (5) of Section 2, sub-clause (d) of clause (5) of Section 2 and
sub-clause (e) of clause (5) of Section 2. Column 7 cantains the price per hectare
for dry crop land.
Column 1 contains the names of Districts and Talukas which are (1). Bombay
Suburban. (2). Thana. (3). Kolaba. (4). Ratnagiri. (5). Bhandara. (6). Brahmapuri,
Gadchiroli and Sironcha Talukas of the Chandrapur District. (7). Nashik. (8).
Dhulia. (9). Jalgaon. (10). Ahmednagar. (11). Pune. (12). Satara. (13). Sangli. (14).
Kolhapur. (15). Sholapur. (16). Aurangabad. (17). Parbhani. (18). Nanded. (19).
Osmanabad. (20). Bhir. (21). Nagpur. (22). Wardha. (23). Chandrapur excluding
Brahmapuri, Gadchiroli and Sironcha Talukas thereof. (24). Akola. (25). Amravati.
(26). Yeotmal. (27). Buldhana.
Column 2 contains the ceiling area for lands falling under sub-clause (a) of
clause (5) of Section 2. It is 728.43 Hectres or 18 Acres in respect of all the
Districts and Talukas, contained in Column 1, as aforesaid.
Column 3 contains the ceiling area for lands falling under sub-clause (b) of
clause (5) of Section 2. It is 1092.65 Hectres or 27 Acres in respect of all the
Districts and Talukas, contained in Column 1, as aforesaid.
Column 4 contains the ceiling area for lands falling under sub-clause (c) of
clause (5) of Section 2. It is 1456.86 Hectres or 36 Acres in respect of all the
Districts and Talukas, contained in Column 1, as aforesaid.
Column 5 contains the ceiling area for lands falling under sub-clause (d) of
clause (5) of Section 2. It is 1456.86 Hectres or 36 Acres in respect of the
Districts and Talukas namely, (1). Bombay Suburban. (2). Thana. (3). Kolaba. (4).
Ratnagiri. (5). Bhandara. (6). Brahmapuri, Gadchiroli and Sironcha Talukas of the
Chandrapur District, contained in Column 1, as aforesaid.
Column 6 contains the ceiling area for lands falling under sub-clause (e) of
clause (5) of Section 2. It is 2185.29 Hectres or 54 Acres in respect of certain
Districts and Talukas namely, (1). Bombay Suburban. (2). Thana. (3). Kolaba.
(4). Ratnagiri. (5). Bhandara. (6). Brahmapuri, Gadchiroli and Sironcha Talukas of
the Chandrapur District, contained in Column 1, aforesaid. Further, Column 6
also contains the ceiling area for lands falling under sub-clause (e) of clause (5) of
Section 2, in respect of the remaining Districts and Talukas of Column 1 Viz
shown at Sr No. 7 to 27 therein, namely, (7). Nashik. (8). Dhulia. (9). Jalgaon.
(10). Ahmednagar. (11). Pune. (12). Satara. (13). Sangli. (14). Kolhapur. (15).
Sholapur. (16). Aurangabad. (17). Parbhani. (18). Nanded. (19). Osmanabad. (20).
Bhir. (21). Nagpur. (22). Wardha. (23). Chandrapur excluding Brahmapuri,
Gadchiroli and Sironcha Talukas thereof. (24). Akola. (25). Amravati. (26).
Yeotmal. (27). Buldhana. It is also, 2185.29 Hectres or 54 Acres.
(d). SECTION 6
Lands held in excess of ceiling area deemed to be within ceiling area in certain
circumstances
When a family unit consists 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 such case, in relation to
the holding of such family unit, such area shall be deemed to be the ceiling area.
Note: As per Section 2(11-A), the expression “family unit” means a family unit
as explained in section 4;

(e). SECTION 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 the 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.

(6). CHAPTER III

RESTRICTIONS ON TRANSFER AND ACQUISITION--
CONSEQUENCES OF CONTRAVENTION
(a). SECTION 8
Restrictions on transfer
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 (i.e. on or after 2nd October,
1975) 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, lease, 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 26th day of September, 1970)
What types of transfers etc., are not included or in the other words what
types of transfers etc., are excluded/exempted: Transfer by way of sale or
otherwise of land for the recovery of land revenue or for sums recoverable as
arrears of land revenue, or acquisition of land for a public purpose under any
law for the time being in force are not included.
Note: Whenever there is transfer by way of sale or otherwise of land for the
recovery of land revenue or for sums recoverable as arrears of land revenue,
by the Collector etc., while exercising their powers under the provisions of the
Maharashtra Land Revenue Code etc., such transfers as well as acquisition of
land for a public purpose under any law for the time being in force (such as
Land Acquisition Act or the new Act in place thereof or the Maharashtra
Regional & Town Planning Act or the Urban Land Ceiling Act (since
repealed) are not included or in the other words are excluded/exempted.

(b). SECTION 9
Restrictions 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 family
unit, will exceed in the total the ceiling area.
Explanation.-- In this section, transfer has the same meaning as in section 8.

(c). SECTION 10
Consequences of certain transfers and acquisitions of land
[Section 10(1)]
If- -
(a) any person or a member of a family unit, after the 26th day of September,
1970 but before the commencement date (i.e. before 2nd October, 1975), 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 excess 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 family 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 transferee [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
in section 8.
All transfers made after the 26th day of September, 1970 but before the
commencement date (i.e. before 2nd October, 1975), 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 Amending Act, 1972.
Explanation.-- For the purpose of this sub-section, a transfer shall not be
regarded as made on or before the 26th September, 1970 if the document
evidencing 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.

Land in excess of the ceiling area to be surplus land [Section 10(2)]

If any land is possessed on or after the commencement date (i.e. on or after
2 October, 1975) by a person, or as the case may be, a family unit in excess of
nd

the ceiling area, or if as a result of acquisition (by testamentary disposition, or

devolution or 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.

Forfeiture of land in certain cases [Section 10(3)]

Forfeiture of land in certain cases and the land shall vest without any further
assurance in the State Government: Where land is acquired in wilful
contravention of section 9, then as a penalty therefor, the right, title and interest of
the person, or as the case may be, the family unit or any member thereof in the land
so acquired or obtained shall, subject to the provisions of Chapter IV, be forfeited,
and shall vest without any further assurance in the State Government.

In case where such land is burdened with an encumbrance the other land of
the holder shall be forfeited to Government: Provided that where such land is
burdened with an encumbrance, the Collector may, after holding such inquiry as he
thinks fit and after hearing the holder and the person in whose favour the
encumbrance is made by him, direct that the right, title and interest of the holder in
some other land of the holder equal in extent to the land acquired in wilful
contravention of section 9, shall be forfeited to Government.

(d). SECTION 11
Restriction on partition
th
Where any land held by a family is partitioned after the 26 day of September,
1970, the partition so made 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
Amending Act, 1972, and shall accordingly be ignored, and any land covered by
such partition shall, for the purposes of this Act, be deemed to be the land held by
the family; and the extent of share of each person in the land held by the family
shall be taken into consideration for calculating the ceiling area in accordance with
the provisions of section 3.
Explanation.-- For the purpose of this section, ‘partition’ means any division
of land by act of parties made inter vivos, and includes, also partition made by a
decree or order of court, tribunal or authority.

(e). SECTION 11-A

Ceiling area where land is converted into another class
If any land held by a person, or as the case may be, a family unit, is converted after
the commencement date into any class of land described in sub-clauses (a), (b) or
(c) of clause (5) of section 2, and thereby, the holding of the person or as the case
may be, a family unit, exceeds the ceiling area, the land so in excess shall be
deemed to be a surplus land with effect from the date of conversion (such date
being a date to be notified in the Official Gazette by the State Government in
respect of any area); and accordingly, the foregoing provisions of this Chapter shall
apply to the holding.