the bombay tenancy and agricultural lands act, 1948

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The Bombay Tenancy and Agricultural Lands Act, 1948

Act 67 of 1948

Keyword(s):Agriculture, Agricultural Labourer, Agriculturist, Co-Operative Society, Co-Operative Farming Society, to Cultivate, to Cultivate Personally,Improvement, Land, Landholder, Mamlatdar, Profits of Agriculture, ProtectedTenant, Rent, Tenancy, Tribunal, Tenant, Village

Amendments appended: 39 of 1964, 42 of 1967, 49 of 1969, 5 of 2006, 1 of2014, 1 of 2016, 20 of 2016, 56 of 2018

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MAHARASHTRA ACT NO. I OF 2016.

(First published, after having received the assent of the Governor inthe “ Maharashtra Government Gazette ”, On the 1st January 2016).

An Act, further to amend the Maharashtra Tenancy and AgriculturalLands Act, the Hyderabad Tenancy and Agricultural Lands Act, 1950

and the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) Act.

WHEREAS it is expedient further to amend the Maharashtra Tenancyand Agricultural Lands Act, the Hyderabad Tenancy and AgriculturalLands Act, 1950 and the Maharashtra Tenancy and Agricultural Lands(Vidarbha Region) Act, for the purposes hereinafter appearing ; it ishereby enacted in the Sixty-sixth Year of the Republic of India asfollows:––

CHAPTER I

PRELIMINARY

1. This Act may be called the Maharashtra Tenancy and AgriculturalLands, Hyderabad Tenancy and Agricultural Lands and MaharashtraTenancy and Agricultural Lands (Vidarbha Region) (Amendment)Act, 2015.

LXVIIof 1948.

Hyd.XXI of1950.

XCIX of1958.

Short title.

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Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the followingtranslation in English of the Maharashtra Tenancy and Agricultural Lands, Hyderabad Tenancyand Agricultural Lands and Maharashtra Tenancy and Agricultural Lands (Vidarbha Region)(Amendment) Act, 2015 (Mah. Act No. I of 2016), is hereby published under the authority of theGovernor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,I/c. Secrtary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG/2009/35528

¦ÉÉMÉ +É`ö---1---1(1)

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CHAPTER II

AMENDMENTS TO THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT.

2. In section 63 of the Maharashtra Tenancy and Agricultural LandsAct (hereinafter referred to as “the Maharashtra Tenancy Act”), aftersub-section (1B), the following sub-section shall be inserted, namely :––

“(1C) Nothing in sub-section (1) shall apply to the land situatedwithin the limits of a Municipal Corporation or a Municipal Council,or within the jurisdiction of a Special Planning Authority or a NewTown Development Authority appointed or constituted under theprovisions of the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, and also to anyland allocated to residential, commercial, industrial or any othernon-agricultural use in the draft or final Regional plan or TownPlanning Scheme, as the case may be, prepared under theMaharashtra Regional and Town Planning Act, 1966 or any otherlaw for the time being in force :

Provided that, any transfer of land in favour of a person who isnot an agriculturist for any non-agricultural use such as residential,commercial, industrial or any other non-agricultural use, shall besubject to the condition that such land shall be put to such non-agricultural use within a period of five years from the date oftransfer, and due entry of such condition shall be made in theRecord of Rights of such land :

Provided further that, in respect of land transferred for anynon-agricultural use permissible in the draft or final Developmentplan or Regional plan or Town Planning Scheme, as the case may be,after the expiry of the aforesaid period of five years, an extensionof time not exceeding further five years may be granted by theCollector on payment of non-utilization charges at the rate of twoper cent. of the market value of such land per annum, where suchmarket value shall be calculated as per the Annual Statement ofRates published under the Bombay Stamp (Determination of TrueMarket Value of Property) Rules, 1995, as applicable on the date ofgrant of such extension of time :

Provided also that, if the transferee, including subsequenttransferee, if any, fails to put the land to non-agricultural usepermissible in the draft or final Development plan or Regional planor Town Planning Scheme, as the case may be, within a period of fiveyears or, where non-utilization charges as aforesaid have been paid,within the total period of ten years, then the Collector shall resumesuch land after giving one month’s notice to the said defaultingtransferee, and the land so resumed by the Collector shall vest in theGovernment free from all encumbrances, and shall first be offered tothe original land holder by way of grant, on the same tenure on whichit was initially held by such original land holder before its transferfor such non-agricultural use and at the same price at which it hadbeen transferred by the original land holder for such non-agriculturaluse :

Provided also that, if the original land holder fails to accept theoffer to purchase the said land within a period of ninety days from

LXVII of1948.

Amendment ofsection 63 of

LXVII of 1948.

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.


the date of receipt of such offer from the Collector or having acceptedsuch offer, fails to deposit with the Collector the required amountwithin a further period of ninety days, such land shall be auctioned forany use consistent with and permissible under the draft or finalDevelopment plan or Regional plan or Town Planning Scheme, as thecase may be; and in both the cases, the defaulting transferee shall onlybe entitled to compensation equal to the price at which such land hadbeen purchased by him and the Collector shall remit such compensationto the defaulting transferee within a period of ninety days from thedate of receipt of payment under the said auction :

Provided also that, if a person who is not an agriculturist fails toutilize the said land for the non-agricultural use permissible in thedraft or final Development plan or Regional plan or Town PlanningScheme, as the case may be, fully or partly, and wants to sell the samesubsequently before the expiry of the total specified period of tenyears, he may, subject to the payment of non-utilization chargesspecified in the second proviso, be permitted by the Collector to do sofor any non-agricultural use permissible in the draft or finalDevelopment plan or Regional plan or Town Planning Scheme, as thecase may be, for the remaining period out of the specified period often years, from the date of first transfer of the said land for such non-agricultural use, subject to the condition that the transferee shallhave to deposit transfer charges at the rate of twenty-five per cent. ofthe market value of such land as per current Annual Statement ofRates.”.

3. In section 63-1A of the Maharashtra Tenancy Act,––

(I) in sub-section (1),––

(a) in the principal clause, for the words “or for specialtownship projects, as the case may be,” the words “or for IntegratedTownship Projects, as the case may be,” shall be substituted ;

(b) for clause (i), the following clause shall be substituted,namely:––

“(i) the agricultural zone of a draft or final RegionalPlan or draft or final Town Planning Scheme, as the case maybe, prepared under the Maharashtra Regional and TownPlanning Act, 1966 or any other law for the time being inforce, and plans or schemes and the development controlregulations or rules framed under such Act or any of suchlaws for the time being in force permit industrial use of land;or ”;

(c) in clause (iii), for the words “of a special townshipproject” the words “of an Integrated Township Project” shall besubstituted;

(d) for the first and second provisos, the following provisosshall be substituted, namely:––

“Provided that, where such purchase of land is for bonafide industrial use, it shall be subject to the condition thatsuch land shall be put to bona fide industrial use within aperiod of five years from the date of purchase:

Amendment ofsection 63-1A ofLXVII of 1948.

Mah.XXXVIIof 1966.


Provided further that, after the expiry of the aforesaidperiod of five years, an extension of time not exceedingfurther five years may be granted by the Collector onpayment of non-utilization charges at the rate of two percent. of the market value of such land per annum, wheresuch market value is calculated as per the Annual Statementof Rates published under the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995, as applicableon the date of grant of such extension of time :

Provided also that, if the purchaser fails to put theland to bona fide industrial use within a period of fiveyears or, where non-utilization charges as aforesaid havebeen paid, within a total period of ten years, then theCollector shall resume such land after giving one month’snotice to the said defaulting purchaser, and the land soresumed by the Collector shall vest in the Government,free from all encumbrances, and shall first be offered to theoriginal land holder by way of grant, on the same tenure onwhich it was initially held by such land holder before itssale for such bona fide industrial use and at the same priceat which it had been sold by the original land holder forsuch bona fide industrial use :

Provided also that, if the original land holder fails toaccept the offer to purchase the said land within a periodof ninety days from the date of receipt of such offer fromthe Collector or having accepted such offer, fails to depositwith the Collector the required amount within a furtherperiod of ninety days, such land shall be auctioned for anyuse consistent with and permissible under the Developmentplan or Regional plan or Town Planning Scheme, as thecase may be, if any, sanctioned under the MaharashtraRegional and Town Planning Act, 1966 or any other law forthe time being in force ; and in both the cases, the defaultingpurchaser shall only be entitled to compensation equal tothe price at which such land had been purchased by him,and the Collector shall remit such compensation to thedefaulting purchaser within a period of ninety days fromthe date of receipt of payment under the said auction :”;

(II) in sub-section (2),––

(a) for the words “for special township project” the words“for Integrated Township Project” shall be substituted ;

(b) the following proviso shall be added, namely :––

“Provided that, if such purchaser fails to deposit suchamount within one month, then such purchaser shall payto the Government an amount equal to seventy-five percent. of the purchase price or the market value of the landas per the Annual Statement of Rates of that year,whichever is higher.”;

Mah.XXXVIIof 1966.


(III) in sub-section (3), for the words “or for special townshipproject, as the case may be,” the words “or for Integrated TownshipProject, or as the case may be, shall” shall be substituted ;

(IV) after sub-section (4), the following sub-section shall be added,namely :––

“(5) If the person purchasing the land under sub-section (1)for conversion thereof for a bona fide industrial use, fails toutilize the said land for bona fide industrial use, fully or partly,and wants to sell the same before the expiry of the total specifiedperiod of ten years, he may, subject to the payment of non-utilization charges specified in the second proviso to sub-section(1), be permitted by the Collector to do so for the remainingperiod out of the specified period of ten years from the date oforiginal purchase, subject to the following conditions, namely :––

(i) where the said land is to be sold for bona fideindustrial use, the transferor shall have to deposit with theCollector the transfer charges at the rate of twenty-five percent. of the market value of such land as per the currentAnnual Statement of Rates ;

(ii) where the said land is to be sold for any non-agricultural purpose other than the bona fide industrial use,which is consistent with the draft or final Development planor Regional plan or Town Planning Scheme, if any, madeunder the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, thetransferor shall have to deposit with the Collector conversioncharges equal to fifty per cent. of the market value of suchland as per the current Annual Statement of Rates and incase of Occupant Class-II land, an additional amount equal toforty-eight per cent. of the price at which such land wasoriginally purchased, in lieu of the nazarana.”;

(V) in the Explanation,––

(i) in clause (a), for the words “power projects and ancillaryindustrial usage like research and development, godown, canteen,office building of the industry concerned” the words “ powerprojects and ancillary industrial usage like research anddevelopment units pertaining to bona fide industrial use, godown,canteen, office building of the industry concerned” shall besubstituted ;

(ii) for clause (aa), the following clause shall be substituted,namely :––

“(aa) ‘ ‘ Integrated Township Project” means theIntegrated Township Project or projects under the Regulationsframed for development of Integrated Township by theGovernment under the provisions of the Maharashtra Regionaland Town Planning Act, 1966 or any other law for the timebeing in force.”.

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.

¦ÉÉMÉ +É`ö---1---2


CHAPTER III

AMENDMENTS TO THE HYDERABAD TENANCY AND AGRICULTURAL LANDS

ACT, 1950.

4. In section 47 of the Hyderabad Tenancy and Agricultural LandsAct, 1950 (hereinafter referred to as “the Hyderabad Tenancy Act”), aftersub-section (3), the following sub-section shall be inserted, namely :––

“(3A) Nothing in sub-section (1) shall apply to the land situatedwithin the limits of a Municipal Corporation or a Municipal Council,or within the jurisdiction of a Special Planning Authority or a NewTown Development Authority appointed or constituted under theprovisions of the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, and also to anyland allocated to residential, commercial, industrial or any othernon-agricultural use in the draft or final Regional plan or TownPlanning Scheme, as the case may be, prepared under theMaharashtra Regional and Town Planning Act, 1966 or any otherlaw for the time being in force :

Provided that, any transfer of land in favour of a person who isnot an agriculturist for any non-agricultural use such as residential,commercial, industrial or any other non-agricultural use, shall besubject to the condition that such land shall be put to such non-agricultural use within a period of five years from the date oftransfer, and due entry of such condition shall be made in theRecord of Rights of such land :

Provided further that, in respect of land transferred for anynon-agricultural use permissible in the draft or final Developmentplan or Regional plan or Town Planning Scheme, as the case may be,after the expiry of the aforesaid period of five years, an extensionof time not exceeding further five years may be granted by theCollector on payment of non-utilization charges at the rate of twoper cent. of the market value of such land per annum, where suchmarket value shall be calculated as per the Annual Statement ofRates published under the Bombay Stamp (Determination of TrueMarket Value of Property) Rules, 1995, as applicable on the date ofgrant of such extension of time :

Provided also that, if the transferee, including subsequenttransferee, if any, fails to put the land to non-agricultural usepermissible in the draft or final Development plan or Regional planor Town Planning Scheme, as the case may be, within a period offive years or, where non-utilization charges as aforesaid have beenpaid, within the total period of ten years, then the Collector shallresume such land after giving one month’s notice to the saiddefaulting transferee, and the land so resumed by the Collectorshall vest in the Government free from all encumbrances, and shallfirst be offered to the original land holder by way of grant, on thesame tenure on which it was initially held by such original landholder before its transfer for such non-agricultural use and at thesame price at which it had been transferred by the original landholder for such non-agricultural use :

Provided also that, if the original land holder fails to accept theoffer to purchase the said land within a period of ninety days fromthe date of receipt of such offer from the Collector or having

Mah.XXXVIIof 1966.

Amendmentof section 47of Hyd. XXI

of 1950.

Mah.XXXVIIof 1966.

Hyd. XXIof 1950.


accepted such offer, fails to deposit with the Collector the requiredamount within a further period of ninety days, such land shall beauctioned for any use consistent with and permissible under the draftor final Development plan or Regional plan or Town Planning Scheme,as the case may be; and in both the cases, the defaulting transfereeshall only be entitled to compensation equal to the price at which suchland had been purchased by him and the Collector shall remit suchcompensation to the defaulting transferee within a period of ninetydays from the date of receipt of payment under the said auction :

Provided also that, if a person who is not an agriculturist fails toutilize the said land for the non-agricultural use permissible in thedraft or final Development plan or Regional plan or Town PlanningScheme, as the case may be, fully or partly, and wants to sell the samesubsequently, before the expiry of the total specified period of tenyears, he may, subject to the payment of non-utilization chargesspecified in the second proviso, be permitted by the Collector to do sofor any non-agricultural use permissible in the draft or finalDevelopment plan or Regional plan or Town Planning Scheme, as thecase may be, for the remaining period out of the specified period often years, from the date of first transfer of the said land for such non-agricultural use, subject to the condition that the transferee shallhave to deposit transfer charges at the rate of twenty-five per cent ofthe market value of such land as per current Annual Statement ofRates.”.

5. In section 47A of the Hyderabad Tenancy Act,––


(a) in the principal clause, for the words “or for specialtownship project, as the case may be,” the words “or for IntegratedTownship Project, as the case may be,” shall be substituted ;

(b) for clause (i), the following clause shall be substituted,namely:––

“(i) the agricultural zone of a draft or final Regional Planor draft or final Town Planning Scheme, as the case may be,prepared under the Maharashtra Regional and Town PlanningAct, 1966 or any other law for the time being in force, andplans or schemes and the development control regulations orrules framed under such Act or any of such laws for the timebeing in force permit industrial use of land; or”;

(c) in clause (iii), for the words “of a special townshipproject” the words “of an Integrated Township Project” shall besubstituted ;

(d) for the first and second provisos, the following provisosshall be substituted, namely :––

“Provided that, where such purchase of land is forbona fide industrial use, it shall be subject to the conditionthat such land shall be put to bona fide industrial use withina period of five years from the date of purchase :

Amendment ofsection 47A ofHyd. XXI of1950.

Mah.XXXVIIof 1966.

¦ÉÉMÉ +É`ö---1---3


Provided further that, after the expiry of the aforesaidperiod of five years, an extension of time not exceedingfurther five years may be granted by the Collector onpayment of non-utilization charges at the rate of two percent. of the market value of such land per annum, wheresuch market value is calculated as per the Annual Statementof Rates published under the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995, as applicableon the date of grant of such extension of time:

Provided also that, if the purchaser fails to put theland to bona fide industrial use within a period of fiveyears or, where non-utilization charges as aforesaid havebeen paid, within a total period of ten years, then theCollector shall resume such land after giving one month’snotice to the said defaulting purchaser, and the land soresumed by the Collector shall vest in the Government,free from all encumbrances, and shall first be offered to theoriginal land holder by way of grant, on the same tenure onwhich it was initially held by such land holder before itssale for such bona fide industrial use and at the same priceat which it had been sold by the original land holder forsuch bona fide industrial use:

Provided also that, if the original land holder fails toaccept the offer to purchase the said land within a periodof ninety days from the date of receipt of such offer fromthe Collector or having accepted such offer, fails to depositwith the Collector the required amount within a furtherperiod of ninety days, such land shall be auctioned for anyuse consistent with and permissible under the Developmentplan or the Regional plan, as the case may be, if any,sanctioned under the Maharashtra Regional and TownPlanning Act, 1966 or any other law for the time being inforce ; and in both the cases, the defaulting purchaser shallonly be entitled to compensation equal to the price atwhich such land had been purchased by him, and theCollector shall remit such compensation to the defaultingpurchaser within a period of ninety days from the date ofreceipt of payment under the said auction : ”;



(b) the following proviso shall be added, namely :––“Provided that, if such land purchaser fails to deposit

such amount within one month, then such purchaser shallpay to the Government an amount equal to seventy-fiveper cent. of the purchase price or the market value of theland as per the Annual Statement of Rates of that year,whichever is higher.”;

(III) in sub-section (3), for the words “or for special townshipproject, as the case may be,” the words “or for Integrated TownshipProject, as the case may be,” shall be substituted;

Mah.XXXVIIof 1966.


(IV) after sub-section (4), the following sub-section shall be added,namely :––

“(5) If the person purchasing the land under sub-section (1)for conversion thereof for a bona fide industrial use, fails toutilize the said land for bona fide industrial use, fully or partly,and wants to sell the same before the expiry of the total specifiedperiod of ten years, he may, subject to the payment of non-utilization charges specified in the second proviso to sub-section(1), be permitted by the Collector to do so for the remainingperiod out of the specified period of ten years from the date oforiginal purchase, subject to the following conditions, namely :––

(i) where the said land is to be sold for bona fideindustrial use, the transferor shall have to deposit with theCollector the transfer charges at the rate of twenty-five percent. of the value of such land as per the current AnnualStatement of Rates ;

(ii) where the said land is to be sold for any non-agricultural purpose other than the bona fide industrial use,which is consistent with the draft or final Development planor Regional plan or Town Planning Scheme, if any, madeunder the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, thetransferor shall have to deposit with the Collector theconversion charges equal to fifty per cent. of the marketvalue of such land as per the current Annual Statement ofRates and in case of Occupant Class-II land, an additionalamount equal to forty-eight per cent. of the price at whichsuch land was originally purchased, in lieu of the nazarana.”;

(V) in the Explanation,––

(i) in clause (a), for the words “power projects and ancillaryindustrial usage like research and development, godown, canteen,office building of the industry concerned” the words “powerprojects and ancillary industrial usage like research anddevelopment units pertaining to bona fide industrial use, godown,canteen, office building of the industry concerned” shall besubstituted ;


“(aa) ‘‘ Integrated Township Project” means theIntegrated Township Project or projects under the Regulationsframed for development of Integrated Township by theGovernment under the provisions of the Maharashtra Regionaland Town Planning Act, 1966 or any other law for the timebeing in force.”.

CHAPTER IV

AMENDMENTS TO THE MAHARSHTRA TENANCY AND AGRICULTURAL LANDS

(VIDARBHA REGION) ACT.

6. In section 89 of the Maharashtra Tenancy and Agricultural Lands(Vidarbha Region) Act (hereinafter referred to as “the Vidarbha RegionAct”), after sub-section (1B), the following sub-section shall be inserted,namely :––

“(1C) Nothing in sub-section (1) shall apply to the land situatedwithin the limits of a Municipal Corporation or a Municipal Council,or within the jurisdiction of a Special Planning Authority or a New

Amendment ofsection 89 ofXCIX of 1958.

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.

XCIX of1958.

¦ÉÉMÉ +É`ö---1---3+


Town Development Authority appointed or constituted under theprovisions of the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, and also to anyland allocated to residential, commercial, industrial or any othernon-agricultural use in the draft or final Regional plan or TownPlanning Scheme, as the case may be, prepared under theMaharashtra Regional and Town Planning Act, 1966 or any otherlaw for the time being in force :

Provided that, any transfer of land in favour of a person who isnot an agriculturist for any non-agricultural use such as residential,commercial, industrial or any other non-agricultural use, shall besubject to the condition that such land shall be put to such non-agricultural use within a period of five years from the date oftransfer, and due entry of such condition shall be made in theRecord of Rights of such land:

Provided further that, in respect of land transferred for anynon-agricultural use permissible in the draft or final Developmentplan or Regional plan or Town Planning Scheme, as the case may be,after the expiry of the aforesaid period of five years, an extensionof time not exceeding further five years may be granted by theCollector on payment of non-utilization charges at the rate of twoper cent. of the market value of such land per annum, where suchmarket value shall be calculated as per the Annual Statement ofRates published under the Bombay Stamp (Determination of TrueMarket Value of Property) Rules, 1995, as applicable on the date ofgrant of such extension of time:

Provided also that, if the transferee, including subsequenttransferee, if any, fails to put the land to non-agricultural usepermissible in the draft or final Development plan or Regional planor Town Planning Scheme, as the case may be, with a period of fiveyears or, where non-utilization charges as aforesaid have been paid,within the total period of ten years, then the Collector shall resumesuch land after giving one month’s notice to the said defaultingtransferee, and the land so resumed by the Collector shall vest inthe Government free from all encumbrances, and shall first beoffered to the original land holder by way of grant, on the sametenure on which it was initially held by such original land holderbefore its transfer for such non-agricultural use and at the sameprice at which it had been transferred by the original land holderfor such non-agricultural use :

Provided also that, if the original land holder fails to accept theoffer to purchase the said land within a period of ninety days fromthe date of receipt of such offer from the Collector or havingaccepted such offer, fails to deposit with the Collector the requiredamount within a further period of ninety days, such land shall beauctioned for any use consistent with and permissible under thedraft or final Development plan or Regional plan or Town PlanningScheme, as the case may be; and in both the cases, the defaultingtransferee shall only be entitled to compensation equal to the priceat which such land had been purchased by him and the Collectorshall remit such compensation to the defaulting transferee within aperiod of ninety days from the date of receipt of payment under thesaid auction :

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.


Provided also that, if a person who is not an agriculturist fails toutilize the said land for the non-agricultural use permissible in thedraft or final Development plan or Regional plan or Town PlanningScheme, as the case may be, fully or partly, and wants to sell the samesubsequently, before the expiry of the total specified period of tenyears, he may, subject to the payment of non-utilization chargesspecified in the second proviso, be permitted by the Collector to do sofor any non-agricultural use permissible in the draft or finalDevelopment plan or Regional Plan or Town Planning Scheme, as thecase may be, for the remaining period out of the specified period often years, from the date of first transfer of the said land for such non-agricultural use, subject to the condition that the transferee shallhave to deposit transfer charges at the rate of twenty-five per cent. ofthe market value of such land as per current Annual Statement ofRates.”.

7. In section 89A of the Vidarbha Region Act,––


(a) in the principal clause, for the words “or for specialtownship projects, as the case may be,” the words “or for IntegratedTownship Projects, as the case may be,” shall be substituted ;

(b) for clause (i), the following clause shall be substituted,namely :––

“(i) the agricultural zone of a draft or final Regional planor draft or final Town Planning Scheme, as the case may be,prepared under the Maharashtra Regional and Town PlanningAct, 1966 or any other law for the time being in force, andplans or schemes and the development control regulations orrules framed under such Act or any of such laws for the timebeing in force permit industrial use of land; or”;

(c) in clause (iii), for the words “of a special townshipproject” the words “of an Integrated Township Project” shall besubstituted ;

(d) for the first and second provisos, the following provisosshall be substituted, namely :––

“Provided that, where such purchase of land is for bonafide industrial use, it shall be subject to the condition thatsuch land shall be put to bona fide industrial use within aperiod of five years from the date of purchase :

Provided further that, after the expiry of the aforesaidperiod of five years, an extension of time not exceedingfurther five years may be granted by the Collector onpayment of non-utilization charges at the rate of twoper cent. of the market value of such land per annum, wheresuch market value is calculated as per the AnnualStatement of Rates published under the Bombay Stamp

Amendment ofsection 89A ofXCIX of 1958.

Mah.XXXVIIof 1966.


(Determination of True Market Value of Property) Rules,1995, as applicable on the date of grant of such extensionof time :

Provided also that, if the purchaser fails to put theland to bona fide industrial use within a period of fiveyears or, where non-utilization charges as aforesaid havebeen paid, within a total period of ten years, then theCollector shall resume such land after giving one month’snotice to the said defaulting purchaser, and the land soresumed by the Collector shall vest in the Government,free from all encumbrances, and shall first be offered to theoriginal land holder by way of grant, on the same tenure onwhich it was initially held by such land holder before itssale for such bona fide industrial use and at the same priceat which it had been sold by the original land holder forsuch bona fide industrial use :

Provided also that, if the original land holder fails toaccept the offer to purchase the said land within a periodof ninety days from the date of receipt of such offer fromthe Collector or having accepted such offer, fails to depositwith the Collector the required amount within a furtherperiod of ninety days, such land shall be auctioned for anyuse consistent with and permissible under the Developmentplan or Regional plan or Town Planning Scheme, as thecase may be, if any, sanctioned under the MaharashtraRegional and Town Planning Act, 1966 or any other law forthe time being in force ; and in both the cases, the defaultingpurchaser shall only be entitled to compensation equal tothe price at which such land had been purchased by him,and the Collector shall remit such compensation to thedefaulting purchaser within a period of ninety days fromthe date of receipt of payment under the said auction : ”;



(b) the following proviso shall be added, namely :––

“Provided that, if such purchaser fails to deposit suchamount within one month, then such purchaser shall payto the Government an amount equal to seventy-five percent. of the purchase price or the market value of the landas per the Annual Statement of Rates of that year,whichever is higher.”;

(III) in sub-section (3), for the words “or for special townshipproject, as the case may be,” the words “or for Integrated TownshipProject, as the case may be,” shall be substituted ;

(IV) after sub-section (4), the following sub-section shall beadded, namely :––

“(5) If the person purchasing the land under sub-section (1)for conversion thereof for a bona fide industrial use, fails toutilize the said land for bona fide industrial use, fully or partly,and wants to sell the same before the expiry of the totalspecified period of ten years, he may, subject to the payment ofnon-utilization charges specified in the second proviso to sub-

Mah.XXXVIIof 1966.


section (1), be permitted by the Collector to do so for the remainingperiod out of the specified period of ten years from the date oforiginal purchase, subject to the following conditions, namely :––

(i) where the said land is to be sold for bona fideindustrial use, the transferor shall have to deposit with theCollector the transfer charges at the rate of twenty-five percent. of the market value of such land as per the currentAnnual Statement of Rates ;

(ii) where the said land is to be sold for any non-agricultural purpose other than the bona fide industrial use,which is consistent with the draft or final Development planor Regional plan or Town Planning Scheme, if any, madeunder the Maharashtra Regional and Town Planning Act,1966 or any other law for the time being in force, thetransferor shall have to deposit with the Collector conversioncharges equal to fifty per cent. of the market value of suchland as per the current Annual Statement of Rates and incase of Occupant Class-II land, an additional amount equal toforty-eight per cent. of the price at which such land wasoriginally purchased, in lieu of the nazarana.”;

(V) in the Explanation,–

(i) in clause (a), for the words “power projects and ancillaryindustrial usage like research and development, godown, canteen,office building of the industry concerned”, the words “powerprojects and ancillary industrial usage like research anddevelopment units pertaining to bona fide industrial use, godown,canteen, office building of the industry concerned” shall besubstituted ;


“(aa) ‘‘ Integrated Township Project” means the IntegratedTownship Project or projects under the Regulations framed fordevelopment of Integrated Township by the Government underthe provisions of the Maharashtra Regional and Town PlanningAct, 1966 or any other law for the time being in force.”

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨Éä 7, 2016/´Éè¶ÉÉJÉ 17, ¶ÉEäò 1938 1

MAHARASHTRA ACT No. XX OF 2016.

(First published, after having received the assent of the Governor in the“ Maharashtra Government Gazette ”, on the 7th May 2016).

An act further to amend the Maharashtra Tenancy and Agricultural LandsAct, the Hyderabad Tenancy and Agricultural Lands Act, 1950 and theMaharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.

WHEREAS it is expedient further to amend the Maharashtra Tenancyand Agricultural Lands Act, the Hyderabad Tenancy and Agricultural LandsAct, 1950 and the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) Act, for the purposes hereinafter appearing; it is hereby enacted inthe Sixty-seventh Year of the Republic of India as follows :—

LXVIIof 1948.

Hyd.Act No.

XXI of1950.

XCIX of1958.

(1)


´É¹ÉÇ 2, +ÆEò 32(2)] ¶ÉÊxÉ´ÉÉ®ú, ¨Éä 7, 2016/´Éè¶ÉÉJÉ 17, ¶ÉEäò 1938 [ {ÉÞ¹`äö 6, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00


|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉÊ´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translationin English of the Maharashtra Tenancy and Agricultural Lands, the Hyderabad Tenancy andAgricultural Lands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region)(Second Amendment) Act, 2016 (Mah. Act No. XX of 2016), is hereby published under theauthority of the Governor.


PRAKASH H. MALI,Secretary to Government,



¦ÉÉMÉ +É` 54--1

2 ¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨Éä 7, 2016/´Éè¶ÉÉJÉ 17, ¶ÉEäò 1938

CHAPTER I

PRELIMINARY

1. This Act may be called the Maharashtra Tenancy and AgriculturalLands, the Hyderabad Tenancy and Agricultural Lands and the MaharashtraTenancy and Agricultural Lands (Vidarbha Region) (Second Amendment) Act,2016.

CHAPTER II

AMENDMENTS TO THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT.

2. In section 84C of the Maharashtra Tenancy and Agricultural LandsAct (hereinafter, in this Chapter, referred to as “the Maharashtra TenancyAct”), after sub-section (5), the following sub-section shall be added,namely :—

“(6) Notwithstanding anything contained in subsections (1) to (5),the transfer or acquisition of any land shall not be declared invalid bythe Mamlatdar, if,—

(i) the proceedings under sub-section (1), in respect of transferor acquisition of such land are initiated after the date ofcommencement of the Maharashtra Tenancy and AgriculturalLands, the Hyderabad Tenancy and Agricultural Lands and theMaharashtra Tenancy and Agricultural Lands (Vidarbha Region)(Second Amendment) Act, 2016 (hereinafter in this sub-sectionreferred to as “the commencement date”), or had been initiatedbefore the commencement date, but no order under sub-section (2)had been made on or before the commencement date ; and

(ii) the area of such land including other land, if any, held bythe transferee, who is an agriculturist, is not in excess of the ceilingarea permissible under the Maharashtra Agricultural Lands (Ceilingon Holdings) Act, 1961 ; and

(iii) the land so transferred or acquired,—(a) is being used only for the agricultural purposes and

the transferee (other than tenant) pays an amount equal to fiftyper cent. of the market value of such land as per the AnnualStatement of Rates ; or

(b) is being put to use for any purpose other thanagricultural purposes and the transferee pays an amount equalto seventy-five per cent. of the market value of such land asper the Annual Statement of Rates.Explanation.— For the purposes of this sub-section, the term

“Annual Statement of Rates” means the Annual Statement of Ratespublished under the provisions of the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995 or any other Rulesfor the time being in force in this regard, prevalent in respect of theyear in which the transferee pays the amount as persub-clauses (a) or (b), as the case may be, of this clause.”.

LXVIIof1948.

Amendmentof section

84C ofLXVII of

1948.

Short title.

Mah. XXof 2016.

Mah.XXVII of1961.


3. In section 84CC of the Maharashtra Tenancy Act, after sub-section(3), the following sub-section shall be added, namely :—

“(4) Notwithstanding anything contained in subsections (1) to (3),the transfer of land shall not be declared invalid by the Collector, wherethe transferee fulfills the requirements under sub-section (1) of section63, if,—

(i) the proceedings under sub-section (1) are initiated after thedate of commencement of the Maharashtra Tenancy andAgricultural Lands, the Hyderabad Tenancy and Agricultural Landsand the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) (Second Amendment) Act, 2016 (hereinafter in thissubsection referred to as “ the commencement date ”) or suchproceedings had been initiated prior to the commencement date,but no order under the said subsection (1) had been made on orbefore such commencement date, for breach of any conditions, subjectto which permission to transfer such land was granted under section63 ; and

(ii) (a) the land so transferred is being used for agriculturalpurposes only and the transferee (other than tenant) pays an amountequal to fifty per cent. of the market value of such land as per theAnnual Statement of Rates; or

(b) the land so transferred is being put to use for any purposeother than agricultural purposes and the transferee pays an amountequal to seventy-five per cent. of the market value of such land asper the Annual Statement of Rates.

Explanation.— For the purposes of this sub-section, the term“Annual Statement of Rates” means the Annual Statement of Ratespublished under the provisions of the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995 or any other Rulesfor the time being in force in this regard, prevalent in respect of theyear in which the transferee pays the amount as persub-clauses (a) or (b), as the case may be, of this clause.”.

CHAPTER III

AMENDMENTS TO THE HYDERABAD TENANCY AND

AGRICULTURAL LANDS ACT, 1950.

4. In section 98C of the Hyderabad Tenancy and Agricultural LandsAct, 1950 (hereinafter, in this Chapter, referred to as “ the Hyderabad TenancyAct ”), after sub-section (5), the following sub-section shall be added,namely :—

“(6) Notwithstanding anything contained in subsections (1) to (5),the alienation, transfer or acquisition of any land shall not be declaredinvalid by the Tahsildar, if,—

(i) the proceedings under sub-section (1), in respect ofalienation, transfer or acquisition of such land are initiated afterthe date of commencement of the Maharashtra Tenancy andAgricultural Lands, the Hyderabad Tenancy and Agricultural Landsand the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) (Second Amendment) Act, 2016 (hereinafter in this sub-section referred to as “the commencement date”), or had beeninitiated before the commencement date, but no order under sub-section (2) had been made on or before the commencement date;and

(ii) the area of such land including other land, if any, held bythe transferee, who is an agriculturist, is not in excess of the ceiling

Amendmentof section84CC ofLXVII of1948.

Amendmentof section 98Cof Hyd. ActNo. XXI of1950.

Hyd.Act No.

XXI of1950.

Mah. XXof 2016.

Mah. XXof 2016.

¦ÉÉMÉ +É` 54--2


area permissible under the Maharashtra Agricultural Lands (Ceilingon Holdings) Act, 1961; and

(iii) the land so alienated, transferred or acquired,—

(a) is being used only for the agricultural purposes andthe transferee (other than tenant) pays an amount equal to fiftyper cent. of the market value of such land as per the AnnualStatement of Rates; or

(b) is being put to use for any purpose other than agriculturalpurposes and the transferee pays an amount equal to seventy-five per cent. of the market value of such land as per the AnnualStatement of Rates.

Explanation.— For the purposes of this sub-section, the term“Annual Statement of Rates” means the Annual Statement of Ratespublished under the provisions of the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995 or any other Rulesfor the time being in force in this regard, prevalent in respect of theyear in which the transferee pays the amount as persub-clauses (a) or (b), as the case may be, of this clause. ’’.

5. In section 98C-2 of the Hyderabad Tenancy Act, after sub-section(4), the following sub-section shall be added, namely :—

“ (4A) Notwithstanding anything contained in subsections (1) to (4),the transfer of land shall not be declared invalid by the Collector, wherethe transferee fulfills the requirements under sub-section (1) of section47, and if,—

(i) the proceedings under sub-section (1), are initiated, afterthe date of commencement of the Maharashtra Tenancy andAgricultural Lands, the Hyderabad Tenancy and Agricultural Landsand the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) (Second Amendment) Act, 2016 (hereinafter in thissubsection referred to as “ the commencement date”) or suchproceedings had been initiated prior to the commencement date,but no order under the said sub-section (1) had been made on orbefore such commencement date, for breach of any conditions, subjectto which permission for permanent alienation, lease or mortgagesuch land was granted under section 47; and

(ii) (a) the land so transferred is being used for agriculturalpurposes only and the transferee (other than tenant) pays an amountequal to fifty per cent. of the market value of such land as per theAnnual Statement of Rates; or


Explanation.— For the purposes of this sub-section, the term“ Annual Statement of Rates ” means the Annual Statement ofRates published under the provisions of the Bombay Stamp(Determination of True Market Value of Property) Rules, 1995 or

Amendmentof section

98C-2 of Hyd.Act No. XXI of

1950.

Mah. XXof 2016.

Mah.XXVII of1961.


any other Rules for the time being in force in this regard, prevalentin respect of the year in which the transferee pays the amount asper sub-clauses (a) or (b), as the case may be, of this clause. ’’.

CHAPTER IV

AMENDMENTS TO THE MAHARASHTRA TENANCY AND

AGRICULTURAL LANDS (VIDARBHA REGION) ACT.

6. In section 122 of the Maharashtra Tenancy and Agricultural Lands(Vidarbha Region) Act (hereinafter, in this Chapter, referred to as “theVidarbha Region Tenancy Act”), after sub-section (5), the following sub-sectionshall be added, namely :—

“(6) Notwithstanding anything contained in subsections (1) to (5),the transfer or acquisition of any land shall not be declared invalid bythe Tahsildar, if,—

(i) the proceedings under sub-section (1), in respect of transferor acquisition of such land are initiated after the date ofcommencement of the Maharashtra Tenancy and Agricultural Lands,the Hyderabad Tenancy and Agricultural Lands and the MaharashtraTenancy and Agricultural Lands (Vidarbha Region) (SecondAmendment) Act, 2016 (hereinafter in this sub-section referred toas “the commencement date”), or had been initiated before thecommencement date, but no order under sub-section (2) had beenmade on or before the commencement date ; and

(ii) the area of such land including other land, if any, held bythe transferee, who is an agriculturist, is not in excess of the ceilingarea permissible under the Maharashtra Agricultural Lands (Ceilingon Holdings) Act, 1961; and

(iii) the land so transferred or acquired,—

(a) is being used only for the agricultural purposes andthe transferee (other than tenant) pays an amount equal to fiftyper cent. of the market value of such land as per the AnnualStatement of Rates ; or

(b) is being put to use for any purpose other thanagricultural purposes and the transferee pays an amount equalto seventy-five per cent. of the market value of such land asper the Annual Statement of Rates.

Explanation.— For the purposes of this sub-section, the term“Annual Statement of Rates” means the Annual Statement of Ratespublished under the provisions of the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995 or any other Rulesfor the time being in force in this regard, prevalent in respect of theyear in which the transferee pays the amount as per sub-clauses (a)or (b), as the case may be, of this clause. ’’.

7. In section 122A of the Vidarbha Region Tenancy Act, after sub-section(3), the following sub-section shall be added, namely :—

Mah. XX of

2016.

Amendmentof section122 of XCIXof 1958.

XCIXof

1958.

Mah.XXVII

of1961.

Amendmentof section122A of XCIXof 1958.


“(4) Notwithstanding anything contained in subsections (1) to (3),the transfer of land shall not be declared invalid by the Collector, wherethe transferee fulfills the requirements under sub-section (1) of section89, if,—

(i) the proceedings under sub-section (1) are initiated, afterthe date of commencement of the Maharashtra Tenancy andAgricultural Lands, the Hyderabad Tenancy and Agricultural Landsand the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) (Second Amendment) Act, 2016 (hereinafter in thissubsection referred to as “ the commencement date”) or suchproceedings had been initiated prior to the commencement date,but no order under the said subsection (1) had made on or beforesuch commencement date, for breach of any conditions, subject towhich permission to transfer such land was granted under section89 ; and

(ii) (a) the land so transferred is being used for agriculturalpurposes only and the transferee (other than tenant) pays an amountequal to fifty per cent. of the market value of such land as per theAnnual Statement of Rates ; or


Explanation.— For the purposes of this sub-section, the term“Annual Statement of Rates” means the Annual Statement of Ratespublished under the provisions of the Bombay Stamp (Determinationof True Market Value of Property) Rules, 1995 or any other Rulesfor the time being in force in this regard prevalent in respect of theyear in which the transferee pays the amount as per sub-clauses (a)or (b), as the case may be, of this clause. ’’.

Mah. XXof 2016.

LXVIIof1948.Hyd.Act.XXI of1950.XCIXof1958.

CHAPTER V

MISCELLANEOUS

8. (1) If any difficulty arises in giving effect to the provisions of theMaharashtra Tenancy and Agricultural Lands Act, the Hyderabad Tenancyand Agricultural Lands Act, 1950 and the Maharashtra Tenancy andAgricultural Lands (Vidarbha Region) Act, as amended by this Act, the StateGovernment may, as occasion arises, by an order published in the OfficialGazette, do anything not inconsistent with the provisions of the said Acts, asamended by this Act, which appears to it to be necessary or expedient for thepurpose of removing the difficulty :

Provided that, no such order shall be made after expiry of a periodof two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon asmay be after it is made, before each House of the State Legislature.

Power toremove

difficulty.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTEDAT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 13, 2018/¸ÉÉ´ÉhÉ 22, ¶ÉEäò 1940 1

MAHARASHTRA ACT NO. LVI OF 2018.

(First published, after having received the assent of the Governor in the“Maharashtra Government Gazette”, on the 13th August 2018.)

An Act further to amend the Maharashtra Tenancy and Agricultural LandsAct, the Hyderabad Tenancy and Agricultural Lands Act, 1950 and theMaharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.

WHEREAS it is expedient further to amend the Maharashtra Tenancyand Agricultural Lands Act, the Hyderabad Tenancy and Agricultural LandsAct, 1950 and the Maharashtra Tenancy and Agricultural Lands (VidarbhaRegion) Act, for the purposes hereinafter appearing ; it is hereby enacted inthe Sixty-ninth Year of the Republic of India as follows :–

LXVII of1948.Hyd.

XXI of1950.

XCIX of1958.


´É¹ÉÇ 4, +ÆEò 62(3)] ºÉÉä̈ É´ÉÉ®ú, +ÉìMÉº]õ 13, 2018/¸ÉÉ´ÉhÉ 22, ¶ÉEäò 1940 [ {ÉÞ¹`äö 4, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00


|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉÊ´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation inEnglish of the Maharashtra Tenancy and Agricultural lands, the Hyderabad Tenancy and AgriculturalLands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) (Amendment)Act, 2018 (Mah. Act No. LVI of 2018), is hereby published under the authority of the Governor.


RAJENDRA G. BHAGWAT,I/c. Secretary (Legislation) to Government,


——————————


(1)

¦ÉÉMÉ +É`ö--130------1

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 13, 2018/¸ÉÉ´ÉhÉ 22, ¶ÉEäò 19402CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Maharashtra Tenancy and AgriculturalLands, the Hyderabad Tenancy and Agricultural Lands and the MaharashtraTenancy and Agricultural Lands (Vidarbha Region) (Amendment) Act, 2018.

(2) It shall be deemed to have come into force on the 1st January 2016.

CHAPTER II


AGRICULTURAL LANDS ACT.

2. In section 63-1A of the Maharashtra Tenancy and Agricultural LandsAct,–

(1) in sub-section (1), in the second proviso, for the word “Bombay”the word “Maharashtra” shall be substituted ;

(2) in sub-section (2),–

(a) for the words “one month”, at both places where they occur, thewords “ninety days” shall be substituted ;

(b) after the proviso, the following shall be added, namely :–

“ Explanation.–While computing the period of ninety days, theperiod, if any, spent in ascertaining from the office of the Collectorthe amount to be paid under this sub-section, the Head of account inwhich it is to be paid or issuing a Challan for that purpose shall beexcluded.” ;

(3) after sub-section (5), the following sub-section shall be added,namely :–

“ (6) If a person purchasing the land under sub-section (1) forconversion thereof for a bona-fide industrial use, fails to utilize thesaid land for bona-fide industrial purpose, fully or partly, and intendsto utilize the same, before the expiry of the total specified period often years, for any alternative non-agricultural purpose other than thebona-fide industrial use, which is consistent with the draft or finalDevelopment Plan or Regional Plan, if any, made under theMaharashtra Regional and Town Planning Act, 1966, so as to put suchland to the intended alternative use within the remaining period outof the specified period of ten years from the date of original purchase,he may be permitted by the Collector to do so subject to payment of,–

(i) non-utilization charges specified in second proviso tosub-section (1) ;

(ii) conversion charges equal to fifty per cent. of the market valueof such land as per the current Annual Statement of Rates publishedunder the Maharashtra Stamp (Determination of True Market Valueof Property) Rules, 1995 ; and

(iii) in case of Occupant-Class II lands, an additional amountequal to forty eight per cent. of the price at which such land wasoriginally purchased, in lieu of the nazrana payable to theGovernment.”.

Amendmentof section 63-

1A of LXVII of1948.

LXVII of1948.

Mah.XXXVIIof 1966.

Short titleand commen-

cement.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 13, 2018/¸ÉÉ´ÉhÉ 22, ¶ÉEäò 1940 3CHAPTER III

AMENDMENTS TO THE HYDERABAD TENANCY AND

AGRICULTURAL LANDS ACT, 1950.

3. In section 47A of the Hyderabad Tenancy and Agricultural LandsAct, 1950,–


(2) in sub-section (2),–





“ (6) If a person purchasing the land under sub-section (1) forconversion thereof for a bona-fide industrial use, fails to utilize thesaid land for bona-fide industrial purpose, fully or partly, and intendsto utilize the same, before the expiry of the total specified period often years, for any alternative non-agricultural purpose other than thebona-fide industrial use, which is consistent with the draft or finalDevelopment Plan or Regional Plan, if any, made under theMaharashtra Regional and Town Planning Act, 1966, so as to put suchland to the intended alternative use within the remaining period outof the specified period of ten years from the date of original purchase,he may be permitted by the Collector to do so subject to payment of,–




CHAPTER IV


AGRICULTURAL LANDS (VIDARBHA REGION) ACT.4. In section 89A of the Maharashtra Tenancy and Agricultural Lands

(Vidarbha Region) Act,–


Mah.XXXVIIof 1966.

Amendmentof section 89Aof XCIX of1958.

XCIX of1958.

Amendmentof section 47Aof Hyd. XXI of1950.

Hyd.XXI of1950.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 13, 2018/¸ÉÉ´ÉhÉ 22, ¶ÉEäò 19404(2) in sub-section (2),–





“ (6) If a person purchasing the land under sub-section (1) forconversion thereof for a bona fide industrial use, fails to utilize thesaid land for bona fide industrial purpose, fully or partly, and intendsto utilize the same, before the expiry of the total specified period often years, for any alternative non-agricultural purpose other than thebona fide industrial use, which is consistent with the draft or finalDevelopment Plan or Regional Plan, if any, made under theMaharashtra Regional and Town Planning Act, 1966, so as to put suchland to the intended alternative use within the remaining period outof the specified period of ten years from the date of original purchase,he may be permitted by the Collector to do so subject to payment of,–




Mah.XXXVIIof 1966.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD,PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OFGOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTORSHRI MANOHAR SHANKAR GAIKWAD.

the bombay tenancy and agricultural lands act, 1948

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