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READ:-

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,Land Tenure Abolition Laws~Transfer of lands-conditionsof inalienability and. impartibility

. restrictions regarding- -.~ ... '.

, r

GOVERl'/flfJiNTJ2F ft~1.,H~~l~AS-,,_II_T.l_RA_·

Revenue aijd Forc~;tsDep':lltrnent,Circular N6.W1N 1099iCR 229iL 4,Ma~tr~!aya, M~l1nbai400 0,32. '. '

. !Dated- 10th March, 2000. '. ;...

CmCULAR OF GOVERNMENT

~..:"

, , 1) Govemm~nt Resolution, Revenue, Departmel1t,No.2451/49-IV,'j dated 18~ August,1953~ _. \ " ' ... " .

. 2) Govenlment 'Resolution, , Revenue' "Depai1inent, No.PKA. '1056/IV1L,dated3rd May,1951.' .', .... " ... ' ,

3) Government Resolution, Revenue .Depai1men~No.PJ(A 1056\ .' IV/108888 L, dated 11th November,1957..

','- 4)Government Resolutiqn,. Revenue.' Department NoVSC1059/478511L,dated 31sfMarch 1959.

5) Govenim~n,tCirc~lar, .Reven~e'pepartmbnt No,PKA 1059 V.L,dated 7t~ April,1959. J •• " . "', < •

. 6)G6ver~n:ient Resolution, Revenue' Department No.VSC1059/II/78263/ L, dated 22nd June 1959. ," •

7)Government Resolution, Revenue' Departinent. No.VSC10~9/1380341L,dated 11th March,J960 ... 8)~vemment Circul~,Revenue Department No.PTUI 063/I1 IL,'dated 19th.June,1963. ;, !

_ - 9)Govemment Cirqulat~.Revenue'·and Forests Department No,BI\V~. 1065/106173)1, dated 6th August 1965." < ;

0'-' IO)Government Circular,Revenue and' Forests Departmenti) () .' • ~ .

< 0 \1vO No.MSCl06~/12~18,8/ L,.dat~d 20th November~1965..

'J \ }" 11)Government Cm,u!ar, Revenue ahd Forests 'Department\:J} ;;:" No,MSC 1065/123188/ L, dated 12th May 1968.V~- 12)Gover1unentCircular;~Revenue·ai1dForests DejJartmentNo.PTt

~ .-A-~ . 1068/271~l! L -l,'dated 24~hJanuary,J970.~ ?7\~'3) I Z'~

I

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·13)Govenrlnent ·Ciroular, Revenue and Forests DepartmentNo.BIW/107l/7J648 /L.-l,dated 29th June, 1971.

14)Government Circul~r, :Revenue and Forests Department. No.BIWI 3274/"13043/L- 5, dated'6th.July,1976. '

15)Government Circular,Revenue and Forests Department No.BIW\3078/24263 /L -5·,dated 17thNovember,1978 ....

16)Government. Circular, 'Revenue and 'Forests Department N~. 'tMSC 1969/~4128 /L -5, dated 7th May 1979~ .

17)Govemment Circular, Revenue and Forests DepartmentNo.WIN /1o83/CR 886fL- 5, dated·4.2.1983., ...

18)Government Circular, Revenue and ~Forests DepartmentNo.BIW /1083/CR 593/L -5, dated 16:5.1985.

Under the various Land Tenure Abolition Laws' provisions existunder which the land is ~egranted to Ex.Watandar/Ex.Inamdar or newand impartible tenure in all cases where the occupancy price is paidwithin the time limit prescribed for the purpose by the said laws. The" ,I' J •

, t~nure of the. land can also be changed after the regrant order is passed incases where the amount as Nazarana prescribed for the purpose is paid. In'a number of cases tIle ex.Watandar/ex)namdarscome up with ,requests·for ,permission for'transfer of their lands on one or other ·grounds. The'\ - ,

position in different laws has been made clear .from time to tim~.lt }zo,t; ,

been decided to have a comprehensive set of ol'd~$,.i1l:_Oll~place for convenience of reference. In supersession of the' orders-quoted in the preamble Government is therefore, pleased to clarify theposition in.different laws as described below:- ' .(I) The Bombav Pargana and Kulkarni Watans Abolition Act, 1950

Tlie Bombay Pargana and Kulkarni Wata,ns Ab.olitiqn Act, 1950came ~ntoforce on 1.5.1951 in Westem,Maharashtra districts. As.regard

, levy of nazarana for converting the new tenure of watan lands regranted 'under section 4( 1) of the, Act into ordinary rayatwarl .. tenure, theconditions to be taken into'consideration are as follows:-

J

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i· (i) that the amount of nazarapa should be equal to 50 per cent of'. the market value of the land i{ the land is or is,intended to be-used for a..r purpose's other than agriculth~e._ /.~ . __

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. (ii) ,that the amount of nazarana should be e,qual to 20 times theassessment, if the land is or is intended to be used for agric~lt1Jral·purposes only provided that if the agricultural use of land is subsequentlychanged for a purpose other than agriculture the holder shall be liable to

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/ ,~ ~~ -pay under section 65 of the Bombay Land Revenue Code a fine equal tothe difference 'between th,e 50 per centrofthe m~rket-valueaJ1dthe,twentytimes the'asessment of land, f .,' : , ' ' ,, -

,It should be ensured that the necessary entries in the"Record ofRights ~re taken as regards conversion. In the Casesof ,watandars who did, '

not pay the occupancy price within the time limit prescribed by law butare cultivating the watans land personally the' o9cupancy price to berecovered for the regrant of their resumed lands is the same 'as !hat

'{ prescribed under the Act. '

2 .. In cases in which watandars who were holding the resumed watanlands, become' entitledcto the grant of these lands. because of.their beingactual cultivators 6f ,the lands, the occ~pancy price to be charged froII1;them should be thirty two or twenty ~ix times the assessment accordingas the lands ~'Yere,or/were not assigned, for, the rC111:uneration'of the

,officiators.' Iii cases",in which persons entitled to the~regrant of the'-resumed watan, la~ds' are the~e' who ,had acquired 'permanent tenancyrights in the lands, the occupancy price to be charged~~houldbe six timesthe rent which they were paying to the watandars. In' a11,other cases tile

,-occupancy pri~e should be .charged at such rates as woidd be l.eviablein 1,accordance WIththe .standmg orders of Govertllnen~,for the dIsposal of \unoccupied' GoveI'!!..mentlands.The occupancy pnce recoverable from the

, ',watandars, permanent tenants, and others in accordance with the 'aboveorders may be ,recovered in suitable inshilments'l IncasQ-s,where any 9f ­theWatandars, who are -personallYcultivating th,e resumed Pargana andKulkarni Watan lands, pay occupancy price eq~lalto >sixor twelve ,timesthe assessment according as the lands were not or were assig1!edfor theremuneration of the officiators and agree to take the resumed watan landson new and impartible tenure,' theyshouldbe granted these lands on new

rand impartilire..-te!liire~]ncases in which occupancy price'equal to 26 ~or32 times the assessment i~'paid by the watandars, the grants of th<;:landsshould be on unrestricted tenure.',Where the grant of lands are made topermanent "tenants"on pa~ent 'of'~ occupancy price equal to six timesthe rent the land~should'be on inalienable and impartible tenure.ill) The ~Bombav 'Servici7namsrUiiSelitl to C01Wnunit~')AbolitionAct,1953. ' "" ' . r

The Act came' into forc~ on, L4.l954 and is applicable to all

. ,,,' ~ districts in PUlleand Bombay-,Oivision(except the districts of Thane,'\i \\ Kulaba and Ratnagiri) Certain- difficulties were experienced by the~ ~l1agersin the matter of Hal services and the financial assistance giv~nto

/ 'Village Pallchayat was meagre. In order to overcome these difficulties

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,'particularly'iff' Jalgaoli;' Dhule, Nashik and Ahl1}ednagarin whi~h Halinams had existed in a large scale unless some lands were made availableto .theVillagePanchayats the 'proble1Jlit was considers could liot besolv~d,~itwas decided to make available the following lands:-

, ,(I)unoccupied Government lands:- ', : '(2)resumed,Hal inams, which are, ~r which will 'be availableto Government for disposal as Governme~t lands. /

The r~sumed Hal inam-lands were of the following categories:-I) Hal inam lands which were h~ld hereditarily and which were in

the possesion of the original grantees or their' heirs (including ~uthorised... \

alienees if any) oli.the date of the abolition of inams,, II)Hal inam lands which were in the possession of non-watandars

(Parias 'or outsiders) on the date of the abolition of the inams, and in thecase of which nC?holders are forthcoming or are likely to be forth~oinlng.

III) Hal inam lands which'had on reversion or lapse to Governmentbeen granted or leased temporarily to Halkaris for the performance of theserVices~ The'" lands falling under II and I III should' be available

, immediately - for allotment to Village Panchayats or others for HalServices. In regard to lands falling under~category I, the holders areentitled to their -regrant under secti~)1i5 of the Botp.bayServices (Usefid toCommunity) Abolition Act 1953 on paymentofth~ prescribed oCCllpancyprice on or before 31st March'1959. But in,many cases the holders may

'- not pay the p.ecessaryoc~upancy pried Within the' prescribed time or thelands may on enquiry be fouI!d to be, falling under category II and not

- under' category I, and in these' cases the resumed'inatp lands would be~vailable for disp~sal as Government lands,2. (b)In addition, there are some Government waste lands'specially

" assigned or leased temporarily to Halkaris on payment of land revenue.All these lands should be available for being ">grantedto the Village, , ,Panchayats or adhoc bodies ofvi1lagers for Hal,services. "3. The extent of unoccupied Government lan<JsoOrresu~ed' Hal inamlands available for allotment for services 'inthe districts of Jalgaon, Dhule,Nashik anq Ahmednagar is not large, but it ap'pe'~s,that in some cases at16ast it will be possible to arrange for the services' of Halkaris and to~move the inconvenience felt by villagers of some villages in thesedistricts, if the av~ilable 'lands are used f~r 'allotment for Hal services. It,,~.was, therefore, die-idea that in these 'districts ,unoccupied Government'/lands or resumed Hal Inam lands which have been or which will becomeavailable for disposal as Government lands should be allotted by theCollectors' for Hal services in accordance with the instructions stated

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above. It was also necessary to ensure that every pers~n who has beenregranted his resumed inam land in accordance with the abolition act wasa lawful holders within the meaning Gf Section 2(iXd) of the above act,entitled to the regrant of the resumed lands. If,necessary the Collector arerequired to take steps for cancellation.of the 0.r4er~for rC?grantof the landsin cases of persons other than the holders.

. .4. In villages in,which there are Village Panchayats arrangements forthe performance of the Hal services should be made by the VillagePanchayats. The resumed or unoccupied Government lands should not bevested in village panchayats but should be handed over to them formanagement:In case the time allowed for the holders of the service ..inamshas expired on 31st March 1959 and· such of these ,land~ have not been.regranted to the holders under Section 5(8) of the Act they have vested inGovernment and are to be disposed as Government waste lands . In suchcases' the land should be gra~ted· to persons who are willing to' pay thefollowing amohnts as o~cupartcy.pricefor the g~antof ~e lands:

. ." .

The occupancy price chargeable should be 26 times the assessmentif the person in actual possession was the holder of the service inam. If the

.. person in actual possession was not a holder of.the, seryice inam but hadacquired;permanent tenancy rights in the lands,' he should be required topay an occupancy price equal to six times the retit which-he was paying inrespect of the land~In aU other,'cases the'9ccupan~y.price shquld be.suchas would be leviable'.' in accordance with fue' standing orde.is ofGovernment- for the disposal of unoccupied ~vernnient la~ds. Theholders··of service:inams, permanent tenants or other entitled ~ the grantQf l~nds on payment of occupancy price should ·he allowed to pay theoccupancy price in suitable instalments. So far as .disposal of lands to thecuttivators in actual possession is concerned if no reply is received within

,twQ months of the notice to him the land should be disposed ofaccordingto the standing? orders· of Government for the disposal 'of 'occupiedGovernment lands. The ,person to whom the land .should be granted is tobe treated as Government lessee'and should be required' to pay the wholeoccupancy price and also rent equal to 1 - 1/2 times the assessment.

. (III). The Bomba-V 'Merged·: .Territories MlscellaneoUsJ AlienationsAbolition Act. J955. "

~ '. \ This1\ct~as comeinto f~rceOn1.8.1955 and it is appi~~le to theMerged Temtones and Areas In t~e Poonaand Bombay DIVISion.Thetime allowed to' the alienees, and inferiorliO}3ers. of miscellaneous

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alienations under the Act ,ha~'expired on 31st July,1965 and where thelands have not been regranted to the said persons are to be disposed of asGovernment lands. The lands ~hould'be granted to persons\who are inactual possession thereof pro~~ded they pay the following amount as

occupancy price for the grant o(~~e lands:-

a) The occupancy pric~, chargeable should be 26 times theassessment _if the person in actual possession was the alienee or theinamdar of the alienated land. ':"

b) If the ,person in actua~ possession was not the alienee of thealienated land, but had acquired :perma,nenttenancy ~ghts in the land, heshould be required to pay occupancy price equal to six times the rentwhich he was paying in respect of the land. \

c) In -all other cases the occupancyprice 'should be such aswouldbe leviable in accordance with the standing' orders of Government for the

disposal of unoccupied Gove~~ent lands., r ,

2. The alienees of alienated bind, permanent tenants or others entitledto the grant of lands oh payment of occupancy price should be allowed to'pay the occupancy price in suitable instalments. In cases where the replyis not received within a period of two 'monthsrrom the dat~ of notice tothe cultivator in actual possession,' the land should be disposed ofaccording to 'standing .orders ;to Government, for the disposal ofunoccupied Government lands. Where the whole occupancy priceremains to be recovered the per~on to whom the ,land is regranted shouldbe treated as Government. lessee till such time the whole price isrecovered. The persons concerned should be required to pay rent equal to1-1/2 times the "assessment on'the land for the period commencing fromthe date on which the lands vested in Government absolutely to the date

0t: its actual r~grant. If the person to whom the land is r~granted , ithapperis to be 'permanent tenant the occupancy should be of class II forpurposes of Section 29 of the Maharashtra Land Revenue Code, 1966being convertible to class I , ~sper orders contained in para 2 of theGovernment Resolution, Revenue and" Forests Department No.7907/33.III, dated 26th August,1947. The terms and conditions subjectto which the hind is to be granted should be follows :-

a) Where the alienee i.e. inamdar (who is the person inactual possession) pays prescribed occupancy price

M. BHAROSE-Note

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the grant should be on new and inipartible !J;,":ure'(i.e. re::tricted tenure).

b) Where the alienee pays (in ~ddition.t~ occupancy p~'ice),Nazarana equal to 20 #mestheassessmen~the grantshould be on unrestricted tenure .. . . .

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...:~-,:,,-~._---:..-~~:..:...:..:::::--..'---~--"';'--'--=;"-'-'~,':'_---~' - _"'"-","--.-.-~-,"~..,;.

,.-,c..

In cases ..where the permarient t~nants.,or ,other p~~rs6nwho are in-' -1 ~ .•. ' . ' \

actJial possession ·are granted the land, .the grant ,to s1.~chperson shall be

on 'new an~, ,impat1ible tenureo~. paYtnent of requisite' occupancy price,the conyersion of such land on new tenure 'to that on old tenure .being

govei11~ci.by.the .s~nding· ~rders qf Government. .

(IV) The l!o~'av Inferior Vilia!!e Watans'Abolition·Act,1958.

, This'Act hi.s come into fo~~e on 1.2.1959, l.g.19S9;L8:1960 and1.2.1962 in' the Districts in Bombay, Poona ll11d Aumngabad Division.The watandars were. required, to pay occupancy price within r..period ofsiX.years ,nom the commencement ()f the Act. The;'lal~ds resumed under

, the proyisions of .the said ,Act are '~regranted~to" Ex.Watandars on aninalienable and impartibl~ t~nure and also subjectto4the-. subsisting lawful

, 'rights 9.f Jhe alienees. The conditions of imilienability and inipartibility ,' can be relaxed i>y..the Collectot; on -payment of amount equal ,to 50% ofthe'inark~t vahle qf the lan~ if the land is ,or is· intended to be used for apurpose other than agriculture and 10·times the assessme rit in,other ca~~s.The request for permission to sel~.the land held.'by Ex.:Watand~rs Sho11\p.be considered. provided ·.purchasers· are agriculturists or 'Cooperativ¢

Societies or Publi~ uti1ii¥ concef!ls. The types. of cases w~ich shollldweigh.with the CqIlectors are as follows::* \ ,.' . ':: >;.,",," . , ,

." •• i. -

(i) The applica~t has,tilled the land' for more than 10 years at\~inspite of making irilpiov~ments 'cannot 'Of rlpes not wish, to. cultivate it fo;1reasons that he:i:l~as iefl.;',the village cea~ed,to. be,. a. cultivator, i$

permanently renaei~ed' in~apable of cultivating it or being . tand lad\{

canDot for one,reasonsor 9th~r,cul~iv~te:~tpersqnally ~YanY mearts. \

(ii) If the land is' required for ~n'agri~uliura(purpose.by industria:or comm~rciat undertaking and if the transfer, is for. the bel1efit'ot' any

educational or 'charitabl~ institutiou' ~~ i~ t~e,"l~nd: i~ 'requireq by, hcooperative'farining society .. c. '.'

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,(iii) If the la~d is being sold jn execetiol1 .;)fa· decree of a Civil

.Court or fortne recovery of arrears of land revenue und'~rthe provisions'of the Code or if the bmd,is' being sold bonafide for any non-agricultural

, purpose. or for any sufficient reason within the discretion of Collector . Inall such cases prior approval of Gov~mment has to be taken. In all casesof gj)'t. of land Collector may grant permission subject to the conditionthat the alienee agrees in writing in the proper legal form to use it for tl,~purpose for which !t is gifted . Government may forfeit the land withoutany compensation a~er giving 3 month's. notice for forfeiture if it isunauthorisedly'used for other purposes. So far as exchang~ of land isconcerned the Collector may grant permission, if the land is of eqnal orm'ay be equal value owned and cultivated personally·by a member of thes~me family 'or the land proposed to be'taken in exchange is of nearlyequal value sitt:~te in the same village owned and cultivated personally byanother land owaer ..

Where th~ transfer of land by sale; gift or exchange to take place,the Collector· should permit the_sale on' the I applicant paYing an amount

l equal to 10 times the assessment provided the land after transfer is to be~sed for agricultur31purpQse only and is to' be held by the transferree on.'the same restricted.tenure. In other cases the sale etc. may be permittedon payment of 50.percent of the market value of the land. If the applicantwants ,conversion of tenur~from restricteo to unrestricted, it should begranted only if the conversion is intended forcollstnicting a substantialbuilding for residential or industrial purposes. The terms and conditionson which permission should be granted are as folfows :-,

(i) If the purpose for which the application is Ii1adeis not fulfilledwithin the reasonable time, -the land will be' forfeited to Govenmlentwithout any c,ompensation and and after giving 3 montl1s notice for~- -

'ii) The hCildershould pay as .co,nversionvalue a sum equal to 50.% ­

of the Mar!cet'\'~~lueof-the land minus the, occupancy price or amountalready paid by him:'Of his predecessor in title. while granting permissionfor relaxation· of condition of inalienability and impartibility for thepurpose of sale 'of Ex~Inferior Village W~tan land it should beascertained that no other backward class person from,the village in which·~,

the land is sitUated or within a radius pf live kilometres thereof is willingc/t­'to purchase the land on the same consideration on whichJand.·is intendedto be sold to the non-backward class person., '

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-9-, -3. In cases "yherethe Watandars or unauthorised holders failed to paythe occupancy price in'respCc~.ofthe resumed.."wati~n1ar/Lt:., the 'Collectors.should regrant the lands' to· the' watandarsor aut.~~:r1sed..holders in their. actual possession on the folIoWingconditions:- . -..

... -;.

.' ~",

; i) The occupancY'price to be paid should be the same'as that whichthe watandar or authorised holder wquldhaye been required to pay for theregrant of the la~din ~ccordance .with the 'provisjons of section 5 or 6 ofthe Act. '\ .....

ii) Payment of' ()ccupancy .'price' may be mad~ in ··suitableinstalnients which the' Collector may fix,atthe time of the regrarit of the'.,.land. '. '. ' "

iii) The grantee :should also pay reilt .equal of'17'1/2 times the~ ' -.. '.....assessment on the land for the period commencing from the date on which, 'f .. ~ .... ; , ...-

the land vested in Government absolut~ly, to,the date of its actual regh-mt.• : ••••• :. 1.. ••• ' •

. . .. . .

4-A- Subsequ(~ntly,t.aldnginto!=o~id~ra~o~theneed..to d~centralisethe powers vested' in .theGovenime'.l~ and observation lIJade ,by the

Hon. High Court. 'Boinbay in the JudgelIl~nt dated 29tbJuly,1979 in ~-;Special' Qvn Applic~tion ~o.217717~. and ..,other ;applications(KondhaIkai-V/s State); the, (rljvenun~nfhasdelegated its powers tothe DiVisional Commissioner. to .accord ..sanction to the proposalssubinitted by the Collectors for th~ alienation of_theJands under The

. Bombay Inrerior Village Watans'AbolitionAct,1958.··. '.

(J1.' The Maharashtra Revenue_Pate.l1AilolitiolUJi_OffgdAf:LH.62

This Act has come into force from 1st January,1963 and applies toall districts in Maharashtra all Patel Watans were abolished on aforesaid

. ~ .

day and the watan lands stood resumed and vested in Government tillthey are regranted to wata~~ars and oth~rs in accordance with th¢.provisions of sections 5,6 or '9 of the Act. The last date' for payment cl

,occupancy price was 31.7.1969. ~he lands ,are .granted on new and ..

impartible' 'tenurc. The con<tition'of inaJi~nabiIity and impartibility ~s

relaxable provided the watandar or' an: u~authorised holder pays' 5q

percent of the market value of the land, if the land is or is' intended to ~used for any non-agricultural purPoses,' and .twenty times.the ~ssessmeri;on the land in other cases, proVided' that if the' agricuJwral use of an:(land is subsequently altered, the holder is to be made liable to pay und<ithe Land Revenue Law a fine equal to the differ~nce between 50 per ce~'

of the market value of ~e 'land and twenty· t4tJ,esthe assessment ~lreadj-

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=10-, I ' 'paid. In cases where resumed PatiF\Vatan Land's, 8re in the possession ofwatalldars or authorised holders, 011 the da~eofL~,\~:rresumption and vestin Government as a result of the failure of the watf:~ndars9rauthorisedholders to'pay the Oc~upancy'Price withiI,1the stipulated period, the landsmay be,:granted by' the' ,Collector to the' said,' persons, in their actuaLpossession on the following conditions:~ " ,;P. -- . ,,- .. " .•., ,

- c ,', .,--;, b';F

, i)The occ~pancyprice to.be~paid should be the same as the which '.;/the watandar ,or authoris~d holder would have been required to pay for

"," the regrant of t.ne land in accordance with the ,provisions of section 5 and6 of the MaharashtraRevenue Pat~ls (Abolition ofOffice)Act, .1962:

ii)Paymeent of occupancy price may be.mad~j in suitable instalmen~,,' which'the C91lectot may fix at theJime of the regrant:of the land., ,,: 'iii)In additional to'the occupancy price, the grante~should be

required' to pay rent equal to 1- 1/2 .:times the, a~sessment on the land for, the, period commencing :troth the date on which the land vested inGovernment absolutely to the date of its acqual regrant.

" "It smn.i1abe ensur~d' ih~t ,the grantees agree to the~bove conditions, and',intimat~ the Collector ~nWriting ,aCcordingly..• ,:' . " , ,

6. " rhese orders are issuedfqr th(fguidan~~,of.Revenue 'Officers and'are in conformity with the~yarious ,9rders 'quoted in~th~, preamble fromtime to,time. ' ,~, : ,:,"" '; " ./,

By order and in the nameqf the GovenlOr of Maharashtra,, •• :.,". ,A.. ,.' ',_ ',' •. /: ' •

0:-.;i.~~G-"·,, (f-KKADMf) ,

,;,,'" , Desk Officer,,;"~~v.eriue and Forests Department.,

""" ,.,~,. / '••", '! ~ : {.•'; ,,•..•. , .. ~". -

Copyforwflrd~dto:-, " ',', : '~ :.-," "All ¢~J1i~lssioners of Divisions"All C~llectors/ Additional Coll,ectors., ,The Settlement Commissioner and Director of ~andl Records,Maharashtra State, Purie"All Desks in Revenue and Forests Department, " '

, Select file'of L 4,Desk, Revenue and Forests Department,Mantralaya, Mumbai 32 .

.,..." "-V

M. BHAROSE·Note ~-'\

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