In the case of an alienated land held under a community service inam-
(a) if such land is in the actual possession of the alienee or in possession of a person holding through or from him other than an inferior holder, such alienee, and
(b) if such land is in the possession of an inferior holder, such inferior holder, shall be primarily liable to the State Government for the payment of land revenue due in respect of the land held by him and shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or the rules made thereunder:
Provided that if under the terms of the alienation such land is resumable for non-performance of service, the alienee or inferior holder, as the case may be, shall be entitled to the rights of an occupant in respect of such land on payment to the State Government of the occupancy price equal to six times the amount of the full assessment of such land within the prescribed period:
[1][Provided further that, (a) on or after] the commencement of the Bombay Paragana and Kukarni Watans (Abolition), the Bombay Service Inams (Useful to Community)Abolition, the Bombay Merged Territories Miscellaneous Alienations Abolitions, the Bombay Inferior Village Watans Abolition and the Maharashtra Revenue Patels (Abolition of Office) (Amendment) Act, 2000 (hereinafter, in this section, referred to as "the commencement date"), the occupancy of such land may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other authority shall be necessary for such transfer. After such transfer, the land shall be continued to be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code [2][; and (b) before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularized on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the code:]
Provided also that, any such occupancy held on new and impartiable tenure (Occupant Class II) may after the commencement date, be converted into Old tenure (Occupant Class I) by the occupant, by making payment of fifty per cent. of the amount of the current market value of such land to the Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code:
Provided also that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority, on payment of the appropriate amount as Nazarana, been transferred for non-agricultural use, such transfer of occupancy shall be deemed to have been made under the third proviso hereinabove, and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect from the date of such transfer:
Provided also that, if on the commencement date, any such occupancy has already, without prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent of the current market value of such land as Nazarana, been transferred for non-agricultural use, such transfer may be regularized on payment of an amount equal to fifty per cent of the current market value of such land for non-agricultural use as Nazarana, and an amount equal to fifty per cent. of such Nazarana, as a fine, and on such payment, the occupant shall hold the land as an Occupant Class I, in accordance with the provisions of the Code.]
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[1] Substituted for "Provided further that, on or after]" by Mah. 19 of 2008, (w.e.f. 09.05.2008).
[2] Added by Mah. 19 of 2008, (w.e.f. 09.05.2008).