GOPALDAS JHAMATMAL ADVANI LAW

COLLEGE
BANDRA (W), MUMBAI–400050

ASSIGNMENT

Surplus Land under MAL (COH) ACT 1961

SUBMITTED BY: Manali Nagendra Jain

S.Y.LL.B

ACADEMIC YEAR: 2020–2021

DIVISION: A

ROLL NO: 59

SUBJECT: Land laws

SEMESTER: IV

SUMBITTED TO: Mrs Madhulika Mundra

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Introduction
The Maharashtra Agricultural lands (Ceiling on Holdings) Act was passed in 1961, inter alia,
for giving effect to the Directive Principles of State Policy contained in the Constitution of
India, and in particular, clauses (b) and (c) of the Art. 39, namely, to provide (i) that the
ownership and control of resources of the community are so distributed as best to subserve the
common good and (ii) that the operation of the economic system does not result in the
concentration of wealth and means of Agricultural production to the common detriment.

The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 was introduced 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 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 or company and for matters connected with the purposes
aforesaid.

Object
The two main object of the Act, as reflected in its Preamble, are

 to impose a maximum limit or ceiling on the holding of agricultural land in

Maharashtra; and

 to provide for the acquisition of land held in excess of such ceiling limits and for its
distribution to landless and other persons.

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Definitions
Section 2 of the Act contains definitions of serval words and expressions used in the Act.

Section 2 (11-A) & section 4 Family Unit

A family unit means a family unit which is defined in section 4 of the Act, namely,

- a person and his spouse (or more than one spouse) and their minor sons and minor
unmarried daughters, if any; or
- where any spouse is dead, the surviving spouse or spouses and the minor unmarried
daughters; or
- where the spouses are dead, the minor sons and unmarried daughters of the minor sons
and unmarried daughters of the deceased spouses.

To hold land Section 2(14)

“To hold land” means to be lawfully in actual possession of land as owner or as tenant.

Exempted land Section 2 (10)

“Exempted land” means land exempted from the provisions of the Act under section 47 of the
Act thereof. The said section lays down certain categories of land which are exempted from
the provision of the Act as for instance land held by the Government, land held by a bank or a
cooperative society as security for recovery of its dues.

Landless person Section 2(17)

A ‘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 and who earns his livelihood
principally by manual labor on agricultural land in either case.

Collector Section 2(6)

The term ‘Collector’ has been defined to include an Additional Collector, as Assistant Collector
or a Deputy Collector, exercising the powers or discharging the duties of a collector under the
Act.

The term also includes 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 the Act

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Provisions.
Section 12 of the Act provides that if any person or family unit –

(a) has, after September 26, 1970, but before October 2, 1975, held or
(b) on or after October 2, 1975 acquires holds or comes into possession of any land which
is in excess of the ceiling area, or
(c) whose land is converted into another class of land in circumstances referred to in
Section 11 of the Act.

Such person or any member of the family unit, as the case may be must furnish to the Collector
a return in the prescribed form, containing particulars of all the land held by such a person or
family unit. Such a return must be filed:

- within one month from October 2, 1975 in cases falling under clause (a) above
- within one month from the date of taking possession of any land in excess of the ceiling
area, in cases under clause (b) above and
- within three months of the date of conversion in cases falling under clause (c)
However, in case of a minor or lunatic than such return can be furnished by his guardian. In
case of any person in disability the return can be filed by his authorized agent. If any person or
member of a family unit who is required to furnish a return dies, then such a return can be filed
by his heir or by any other member of the family unit, as the case may be.
The state government shall extend the limits for furnishing returns by an order published in the
official gazette.

Section 13 of the Act states that if any person or a member of a family unit is required as above
to file a return fails to do so within the prescribed period without reasonable cause or furnishes
a return which he knows, or has reason to believe to be false he becomes liable to pay a penalty
of not more than Rs 100 in cases falling under (a) above and a penalty of not more than Rs.
500 in cases under (b) above.

Section 14 of the Act deals with power of the Collector to hold an enquiry
- It provides that after expiry of the period referred to in Section12 the collector may
either sou motu or on the basis of the returns submitted to him, hold an enquiry in
respect of every person holding land in excess of the ceiling area and determine the
quantum of surplus land held by such a person or family unit.

- In case where a person or family unit holds land into two or more districts of the same
district the enquiry shall be held by such by such officer or authority exercising the
powers of the Collector-in-charge of the district may by order in writing.

- Where a person or a family unit holds land in two more district of the same division the
enquiry shall be held by the Collector whom the Commissioner may by order in writing

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 - Where a person [or family unit] holds lands in different divisions, the enquiry shall be
held by the Collector whom the State Government may, by order in writing, designate.

- Where a person holding land in an industrial undertaking, the enquiry may be held by
the Collector whom the State Government may, by order in writing, designate.

- The Collector so designated, shall for the purposes of the enquiry, be competent to
exercise jurisdiction under this Act in respect of such person [or family unit and the
lands held by him.

Section 15 of the Act deals with division of survey number or sub-division thereof in
determining area of surplus land.

(1) Where in delimiting the actual area of surplus land a survey number or a sub division of
survey number is required to be divided.
a) if the portion of such survey number or sub division to be included in the surplus land
is a fragment the whole of such survey number or sub division shall be excluded from the
surplus land
b) if the portion of such survey number or sub-division to be excluded from the surplus
land, is a fragment, the whole of such survey number or sub-division shall be included in
the surplus land,

(c) if on dividing such survey number or sub-division into two parts, each part is a
fragment, the whole of such survey number or sub-division shall be included in the surplus
land, and
(d) in any other case, the survey number or sub-division may be divided.

(2) Where any survey number of sub division of a survey number is excluded under clause

the person or family unit holding it shall be entitled to hold it. Notwithstanding that
exceeds the ceiling area and accordingly the holding so retained shall be deemed to be the
ceiling area.

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Section 16 of the Act states selection of land for retention in ceiling area. When a person or a
family unit holds land in excess of the ceiling area and the whole or part of such land is
subjected to an encumbrance or answer to the description of clause (bb) of section 18. Then
subject to the provision of sub section 10 and 15 such person or family unit shall retain such
land. Subjected to the provisions a person or a family unit is entitled to select the land he wishes
to retain with himself up to the ceiling area. In case of a family unit where land is held by each
spouse separately then each spouse shall subject to the provisions is entitled retain the land
with himself or herself so however that the lands to be retained bear the same proportion in
which the lands are held by each spouse before the declaration.

Section 17 of the Act states that for the purpose of holding such an enquiry the collector must
cause a public notice to be given in the prescribed form at convenient place where the land is
situate calling upon all interested persons to submit their objections to him within a period
fifteen days from the date of publication of the notice. He must also serve a similar notice on
the holder of the land and all persons known or believed to be interested in the land calling
upon them to appear before him at a time and placed stated in the notice not being less than 15
days from the date of issue of the notice.

Section 18 of the Act at the time of hearing the Collector must after hearing the holder and
other interested persons who are present and after going through the evidence which is adduced
consider the following matters

(a) what is the total area of land which was held by the holder on the 26th day of September
1970
(b) whether any land transferred between September 26th, 1970 and October 2, 1975 or any
land partitioned after September 26, 1970 should be considered or ignored in calculating the
ceiling area.

(c) whether the holder has any share in the land held by a family or held or operated by a co-
operative society or held jointly with others or held as a partner in a firm and if so the extent
of such share.
(d) the total area of the land held by the holder on October, 2 1975

(e) whether any transfer or partition of the land was made by the holder in contravention of the
provisions of this Act and whether such transferred or partitioned land should be considered or
ignored when calculating the ceiling area.

(f) whether any land has been acquired on or after October, 2 1975 by transfer of partition.
(g) whether any land acquired on or after October,2 1975 by testamentary disposition,
devolution on death or by operation of law.

(h) the total area of land held at the time of the enquiry and the area of the land which the holder
is entitled to hold

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(i) whether any land is held by the holder as a tenant and if so whether his landlord has a
subsisting right of resumption of land for personal cultivation under the applicable tenancy
laws.

(j) whether any land held by the holder is to be forfeited to the government under the provisions
of the Act or is to be deemed to be surplus land the Act.
(k) whether the proposed retention of land by the holder is in conformity

(l) which particular lands of the total land held by the holder should be delimited as surplus
land
(m) any other matter which in the opinion of the Collector is necessary to be considered for the
purpose of calculating the ceiling area and delimiting any surplus land.

Section 19 of the Act states power of Collector to restore land to land lord in certain cases.
When during an enquiry into the holding of any person or as the case may be a family unit.
Following are the power of the collector
(a) the whole or any part of the Surplus land is delimited under the foregoing provisions held
by the person or family unit or is deemed to be held by that person or family unit

(b) the landlord has a right of resumption for personal cultivation under the relevant tenancy
law applicable to such land. Notwithstanding anything contained in that tenancy law restore
possession to the landlord of so much only of the Surplus land as he is entitled to resume and
which together with any other land held by him as the case may be the family unit shall not
exceed the ceiling area. The balance if any shall then be declared as surplus land.

Section 20 of the Act deals with manner of considering claim of landlord to land under section
19 For the purpose of deciding the extent of land which should be restored to the possession of
landlord under section 19, the collector shall issue notice calling upon the landlord

(a) to state his claim for restoration of possession of such surplus land
(b) to show cause why the balance of such should not be deemed to be surplus land.

2 Such notice shall require the landlord to appear personally or through his agent before the
Collector on the date and at the time and place
3 The collector shall after hearing the landlord or his agent and any other person interested in
the surplus land and who are present and after considering any evidence shall call for inquiry
at that time.

(a) whether the landlord is entitled to restoration of the possession of the whole or any part of
the land if so the area and other particulars of such land
(b) whether the balance of any such land shall be surplus land and if so the extent and particulars
of such land.
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Section 21 of the Act deals with declaration made by the collector.
After the Collector has considered all the above matters mentioned in section 20 of the Act he
must make a declaration stating therein his decision on the following five matters.
1. The total area of the land which the person or family unit is entitled to hold as the ceiling
area

2. The total area of land which is in excess of the ceiling area.

3. The name of the landlord to whom possession of land is to be restored under section 19 of
the Act and the area and particulars of such land.

4. The area, description and full particulars of the land which is delimited as surplus land.
5. The area and particulars of land out of the surplus land in respect of which the right, title and
interest of the person or family unit holding it is to be forfeited to the State Government.

The declaration as above is to be announced in the presence of the holder of the land and other
persons interested in the land and who are present at the time of the declaration. After the
declaration is made the Collector must prepare a statement in the prescribed of (a) the land
which is delimited as surplus land and (b) the land which is to be forfeited to the State
Government. A copy of this statement is to be affixed by the collector at the village chawdi or
any other prominent place at the village. A copy thereof is also to be sent to the person or the
member of the family unit interested in the land delimited as surplus land.

On the date of the announcement of the declaration the right tittle and interest in the land which
is liable to be forfeited stands forfeited to and vests in the State Government. On and after such
date no sale, gift, mortgage, exchange, lease or any other disposition can be made of the land
which is delimited as surplus land. Any such transfer or disposition, if made is invalid and of
no effect.

After the announcement of the declaration, the Collector must take steps to restore the
possession of the land to the landlord named in the declaration. He must also take possession
of the land which is delimited as surplus land, which is deemed to be acquired by the State
Government with effect from the date on which possession was so taken. Such land vests in
the State Government free from all encumbrances and without any further assurance.

An appeal can be filed against any declaration made by the Collector under the Act before
Maharashtra Revenue Tribunal under section 33 of the Act. A revision petition can also be filed
before the State Government under section 45 of the Act. Subject to being modified in appeal
or revision, the declaration of the Collector is final and conclusive and cannot be questioned in
any suit or proceedings in any court.

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Section 21A of the Act deals with damages for use and occupation of surplus land
(1) A person or a family unit possesses on or after the commencement date any land in excess
of the ceiling area shall be liable to pay to the State Government for the period from the
following year in which the excess area so held is declared surplus till the possession of surplus
land. The compensation for the use of such land is been fix in a prescribed manner by the
Collector.
(2) in case where an enquiry is pending on or after the commencement of the Act the holder
shall be liable to pay to the state government for the period from commencement date or date
on which the excess area is declared surplus under section 21 of the Act whichever is later till
the date of possession of the surplus land is actually taken under that section. Compensation
shall be fix by the Collector in a prescribed manner.

Section 47 of the Act deals with Exempted land.

The main object of the Act is to impose a limit or ceiling on the holding of agricultural land in
Maharashtra. However, land can be exempted from the operation of the Act in two ways.

 Firstly, there are eight categories of land which enjoy an exemption under section 47
of the Act.
 Secondly, there are 5 categories of land which May be exempted by the State
Government by an order to that effect in the official Gazette.

The eight types of land exempted under section 47 of the Act are (the provisions of the act shall
not apply to the list below)
(a) land held by the Central Government

(b) land held by a corporation owned or controlled by the Central Government or State
Government
(c) land belonging to, or held on lease from or by a local authority.

(d) land belonging to, or held on lease from or by or a university established by law in
Maharashtra.
(e) land belonging to, or held on a lease from or by an agricultural College or school or any
institution doing research in agriculture and approved by the State Government.
(f) land held by regimental farms and approved by the State Government in the prescribed
manner.

(g) lands lease by the land Development Bank or the Central Cooperative Bank or a Primary
Cooperative Society before 4th August, 1959
(h) land held by a bank or a cooperative society as security for the recovery of its dues.

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Shamnusing Dhansing Jadhavrao v. The State of Maharashtra & ors. No. 1519 of 19761
In this case the petitioner had challenged the orders holding. That he is in possession of 9 Acres
and 31 Gunthas which is surplus. The petitioner’s total holding was 64 Acres and 06 Gunthas.
But the petitioner was entitled to only hold 54 Arces of land as permitted under the Maharashtra
Agricultural Lands (ceiling on Holdings) Act, 1961. The 2 contentions were raised before the
authorities. The first contention was that petitioner had sold the 14 Arces of land. The sale was
made for 45000 because the petitioner needed money for his sister’s marriage. He also gave
some money to his sister which he kept as evidence. His contention of transfer was Bonafede
and was not made in anticipation of or in order to avoid or defeat the object of the Amending
Act, 1972. The second contention was raised that a portion of land admeasuring 8 Acres and
20 Gunthas which was unfit for cultivation and therefore was not land for the purpose of
holding. But both these contentions were negatived by the authorities and it was held that the
petitioner was not successful in dislodging the presumption in respect of the transfer. That it
was not affected for the purpose of defeating or avoiding the object of Amendment. It was held
that the land was of 8 Acres and 20 Gunthas which was alleged to be uncultivated and not be
brought under cultivation in future. The surplus land determination tribunal therefore held that
this land had to be taken into account.

The petitioners have not shown by sufficient evidence that the marriage expenses were made
out of the Rupees 45000 as the sale price. Nor proper evidence is been shown of Rs 10000. As
pointed out the petitioner was in possession of 64 Acres land. It seems that the petitioner is
entitled to the exclusion of 8 Arces and 20 Gunthas of land which according to him is non
cultivate. But now the question was that does petitioner hold excess of the ceiling area. If the
land is uncultivable and is incapable of using such land for agriculture, the mere future
possibility that the land can be used for agricultural purpose would be of no avail. In reaching
to the conclusion the surplus lands determination tribunal rejected the certificate given by
Agricultural Officer. It felt that the certificate was given with reservation that it is not suitable
for cultivation. The Tribunal affirmed in his finding. It said that Grass and trees growing on the
land purely question of fact of fluctuating nature. The special deputy collector observation were
based not only upon evidence, but also personal inspection which found that about 3 Arces of
land not even grass was seen to be growing.

As pointed out the surplus land determination tribunal considered that the land which was as
could not be used for agriculture in future was alone liable to be exempted. The tribunal
expressed surprise at the non-inclusion by the special deputy collector. In this view matter it
must be held that 8 Arces and 20 Gunthas of land will hot come within the definition of the
word land for the purpose of holding. For the purpose of computing his holding and to find out
what is the surplus. In present case, the total land found to be Surplus including this land by
the authorities below is acres and 31 Gunthas. If 8 Acres and 20 Gunthas out of this land are
be excluded and have to be excluded then it leaves only 1 acre and 11 Gunthas which becomes
surplus. That being a fragment it cannot be taken.

1
No. 1519 of 1976

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Ganpatrao Gulabrao Pawar and ors. V. State of Maharashtra. No. 439 of 19752
In this case P.H.Parekh for appellants.and V.B. Joshi and A.S.Bhasme for the respondent. The
judgement of the court was delivered by B.P..Jeevan Reddy. The first appellant landholder
filed a return of his holding under as required by the MAHARASHTRA AGRICULTURE
LANDS Act, 1961. After making the necessary inquiry the collector held that the first
appellant's total holding of agricultural lands was 124 acres 23 Guntas whereas according to
the act and having regard to the number of members in his family he was entitled to hold 128
acres. Accordingly, he held that the first appellant was not the surplus holder but the fact that
the said order was in the favour of the respondent. However, the first appellant had filed an
appeal before the Maharashtra Revenue Tribunal. His contention was that the finding of the
collector that he was holding 124 acres 23 Guntas of land is not correct and that he must be
held to be holding of far lesser extent. The Tribunal had dismissed his appeal. The tribunal did
not think fit the issue or notice even to the respondent on the said appeal. Sometimes after a
dismissal of appeal the additional commissioner issued a notice to the first appellant under
section (45) calling upon him to show cause as to why the order of the collector be not revised
and his holding is determined at 231 acres 5 are the surplus should not be directed to surrender.
The first appellant submitted his objection regarding the validity of the said notice. Thus
preliminary objection was overruled by the additional commissioner he then went into the
merits of the case and passed an order that the total holding of the first appellant was 202 acres
31 Guntas and since he is entitled to retain only 160 acres. He is a surplus holder of 42 acres
and 31 Guntas.

2
No. 439 of 1975

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Conclusion
Compared to the rest of India Maharashtra has set a comparatively good record in distribution
of ceiling surplus land to the landless. This process and system of land distribution has also
been used as an inspiration, for national distribution of ceiling surplus land, by the government
of India. The state has good achievement in distributing land to scheduled caste and scheduled
tribes, which is amongst the best in the country. To make this law active in true spirit, pragmatic
approach is needed to overcome all its shortcoming and lacunas.

I would like to conclude my assignment by stating that this Act has brought revolution in the
society at large. This Act have created a ceiling of holding land to a particular limit and have
provided land to the landless.

Bibliography
The topic assigned to me is Surplus Land under MAL (COH) ACT 1961 for this assignment I
have referred various websites and book.

Book
 Bare Act

Websites
 www.legalservices.com
 Indian Kanoon
 Case mine

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