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Home Bare Acts Phrase: occupancy rightBombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, (Maharashtra) Chapter II
Title: Abolition of Alienations and Conferment of Occupancy Rights
State: Maharashtra
Year: 1955
Chapter II ABOLITION OF ALIENATIONS AND CONFERMENT OF OCCUPANCY RIGHTS
View Complete Act List Judgments citing this sectionThe Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 Complete Act
State: Punjab
Year: 1952
.....shall be liable to pay, and the landlord concerned shall be entitled to receive and be paid, such compensation as may be determined under this Act. SECTION 4 4. Determination of compensation payable to landlord. " Any landlord whose rights have been extinguished under Section 3 may, within twelve months from the appointed day, apply to the Collector, in such form as may be prescribed for the determination of the amount of compensation payable to him by the occupancy tenant: Provided that the Collector may entertain the application after the expiry of the said period of twelve months if he is satisfied that application was prevented by sufficient cause from filing the application in time. (2) On receipt of an application under sub-section (1), the Collector shall issue notice to the parties concerned and after giving the parties an opportunity of being heard and after making such inquiry as may be prescribed, shall make an award determining the amount of compensation payable by the occupancy tenant to the landlord in accordance with the provisions of section 5. (3) Where there is any dispute as to the person or persons who are entitled to the compensation, the.....
List Judgments citing this sectionThe Orissa Government Lands Bar to Acquisition of the Right of Occupancy Act, 1950 Complete Act
State: Orissa
Year: 1950
.....The Orissa Tenancy Act specifically prohibits the accrual of occupancy right on such lands but there is no such provision in the C.P.Tenancy Act or in the Madras Estates Land Act. A general legislation applicable to whole of the State will be more convenient, than a specific enactment to amend the Tenancy Law in Sambalpur only. The present Bill has therefore been drawn up to enact a law for barring the accrual of occupancy right on all lands in the State acquired by Government under the Land Acquisition Act. 1894 or under any other law relating to the acquisition of land by Government. Short title, extent and commencement 1. ( 1). This Act may be called the Orissa Government Lands Bar to Acquisition of the Right of Occupancy Act, 1950. (2) It extends to the whole of the State of Orissa, (3) It shall come into force at once, [Substituted vide Orissa Act No.8 of 1963.][2. Notwithstanding anything contained in any tenancy laws for the time being in force, a right of occupancy shall not unless it is specifically conferred accrue in respect of the following classes of lands, namely: (a) lands reclaimed at the cost of the State Government; (b) lands acquired.....
List Judgments citing this sectionBombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, (Maharashtra) Section 6
Title: Occupancy Rights in Respect of Alienated Lands Held Under Community Service Inam
State: Maharashtra
Year: 1955
.....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.....
View Complete Act List Judgments citing this sectionScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter III
Title: Recognition, Restoration and Vesting of Forest Rights and Related Matters
State: Central
Year: 2006
.....procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition. Section 5 - Duties of holders of.....
View Complete Act List Judgments citing this sectionScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Section 4
Title: Recognitionof, and Vesting Of, Forest Rights in Forest Dwelling Scheduled Tribes and Othertraditional Forest Dwellers
State: Central
Year: 2006
.....and verification procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.
View Complete Act List Judgments citing this sectionBombay Bhil Naik Inams Abolition Act, 1955, (Maharashtra) Section 5
Title: Occupancy Rights in Respect of Lands in Inam Villages and Inams Lands
State: Maharashtra
Year: 1955
.....respect of such land and shall be entitled to all the rights and shall be liable to all obligations in respect of such land as an occupant under the Code or the rules made there under or any other law for the time being in force : Provided that, the inamdar, in respect of the land which is in the possession of a person holding through or from him and the inferior holder in respect of the land in his possession shall be entitled to the rights of an occupant on payment to the State Government of such occupancy price as may be fixed by the State Government by special or general order but not exceeding an amount equal to six times the amount of the full assessment of such land within the prescribed period. (2) If the inamdar or the inferior holder fails to pay the occupancy price within the prescribed period he shall be deemed to be unauthorized occupying the land and shall be liable to be summarily ejected in accordance with the provisions of the Code. (3) The occupancy of the land granted under this section shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may,.....
View Complete Act List Judgments citing this sectionBombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, (Maharashtra) Section 7
Title: Occupancy Rights in Respect of Lands Held Under Watan
State: Maharashtra
Year: 1955
.....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.] Explanation.- For the purpose of this section, the expression "holder" shall include- (1) an alienee holding land under a watan, and (2) in the case of a watan the commutation settlement in respect of which permits the transfer of the land appertaining to the watan, a person in whom the ownership of such land for the time being vests. _______________ [1] Sub-section (3) was substituted by Mah. 21 of 2002, s. 5, (w.e.f. 06.05.2002). Substituted portion read as under: (3) the occupancy of the land regranted under clause (2 shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may be general or special order determine. [2] Renumbered as (a) by Mah. 19 of 2008, Section 5, (w.e.f. 09.05.2008). [3] Clause (b) was inserted by Mah. 19 of 2008, Section 5, (w.e.f. 09.05.2008).
View Complete Act List Judgments citing this sectionBombay Merged Territories Miscellaneous Alienations Abolition Act, 1955, (Maharashtra) Section 9
Title: Occupancy Rights in Respect of Alienated Land to Which Section 6, 7 or 8 Does Not Apply
State: Maharashtra
Year: 1955
.....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 in respect of an alienated land the alienation consists of the grant of the soil with or without exemption from payment of land revenue, the alienee or the 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: Provided further that if under the terms of the alienation such land was not alienable except with the permission of a competent authority, the occupancy of the land shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.
View Complete Act List Judgments citing this sectionRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 81
Title: Temporary Occupation of Waste or Arable Land Procedure when Difference as to Compensation Exists
State: Central
Year: 2013
(1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority.
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