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Section 28: Special provision in respect of land taken over from industrial undertaking to ensure efficient cultivation and continued supply of raw material.

The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.State Act of Maharashtra · Act 27 of 1961

[(1) Where any land held by an industrial undertaking is acquired by, and vests in, the State Government under section 21, such land being land which was being used for the purpose of producing raw material for the manufacture of any goods, articles, or commodities by the undertakings, the State Government shall take care to ensure that the acquisition of land does not affect adversely the production of raw material].

(2) Notwithstanding anything contained in section 27 , but subject to any rules made in this behalf for the purpose of [ensuring] the full and efficient use of the land for agriculture and its efficient management, the State Government,-

(a) may, if it is in the opinion of that Government necessary for the purpose aforesaid (such opinion being formed after considering the representation of persons interested therein) maintain the integrity of the area so acquired, in one or more compact blocks, and

(b) may, subject to such terms and conditions * * * grant the land or any part thereof to a joint farming society (or a member thereof) consisting as far as possible, of-

(i) persons who had previously leased such land to the undertaking,

(ii) agricultural labour (if any) employed by the undertaking on such land,

(iii) technical or other staff engaged by the undertaking on such land or in relation to the production or supply of any raw material,

(iv) adjoining landholders who are small holders,

(v) landless persons :

Provided that, the State Government may,-

(a) for such period as is necessary for the setting up of joint farming societies as aforesaid being not more than three years in the first instance (extensible to a further period not exceeding two years) from the date of taking possession of the land, direct that the land acquired, or any part thereof, shall be cultivated [by one or more farms run or managed by the State, or by one or more corporations (including a company) owned or controlled by the State;]

* * * * * * * *

* * * * * * * *

(3) The State Government may provide that,

(a) for the breach of any term or conditions referred to in clause (b) of sub-section (2), or

* * * * * * * *

* * * * * * * *

(d) for any other reason it is undesirable in the interest of the full and efficient cultivation of the land, that the joint farming society should continue to cultivate the land,

the grant shall, after giving three months notice of termination thereof and after giving the other party reasonable opportunity of showing cause, be terminated, and the land resumed. Thereafter, the State Government may make such other arrangement as it thinks fit for the proper cultivation of the land and maintenance of the production [of raw material].

Where this provision sits

ActThe Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Section28
Marginal noteSpecial provision in respect of land taken over from industrial undertaking to ensure efficient cultivation and continued supply of raw material.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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