Monthly Archives: September 2015

Agricultural Land – Conditions of Buying Agricultural Land in Maharashtra

AGRICULTURAL LAND

Agricultural:-  “agriculture” includes horticulture, poultry farming, the rising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing, cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose.

Classification of agricultural lands as per its use for cultivation:-

  1. Warkas land
  2. Jirayat land (Dry crop)
  3. Bagayat or irrigated land
  4. Rice land
  1. The ‘warkas’ land is the land of the poor productivity. This land is used by the farmer during the monsoon to grow ‘low-grade’ millets such as nachani and warai. Its cultivation involved burning of the vegetation on the land, (rab manure) preparing the soil with a pick and sowing by hand.
  2. Jirayat land is the land where cultivation is depends upon annual rainfall. The jirayat land is used for seasonal crops, kharif and rabi. The agricultural sessions of kharif crops starts from June and agricultural sessions of rabi crops are starts from September-October.
  3. Bagayat or irrigated land:-.Cultivation of these lands is mainly dependent upon sources of water other than rain. Sources of water can be well, bandharas and supply from Government’s irrigation department.
  4. Rice land:-In coastal and heavy rainfall area where main crop is rice, lands are classified into to two categories namely; rice land and warkas land.

Restriction on transfer of Agricultural Lands, mangaement of uncultivated lands and acquisition of estate and lands:-

Bombay tenancy and agricultural land Act, 1948

Section 63 Transfer to Non Agriculturist barred:-

  1. No sale (including sale in execution of a decree of a Civil Court or for recover of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or
  2. No mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee

shall be valid in favour of a person who is not an agriculturist [or who being an agriculturist [will after such sale, gift, exchange, lease or mortgage, holds land exceeding the celieng limit] determined under the Maharashtra Agricultural Lands (Celing  on Holdings) Acts, 1961 such person shall not be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person is Rs. 12,000 or more] or who is not an agricultutral labour.

Provided that the Collector or an officer authorised by the state government in this behalf may grant permission for such sale, gift, exchange lease or mortgage in such condition as may be pescribed.

Thus, according to this section if there is a default in payment and the property (given as security)  has to be attached then the same will not be possible or the prior permission of the collector or the authorised officer may be required.    

If attachment is allowed then the same will have to be converted into Non-Agricultural befor putting it into any other use;

Section 42 of the Maharashtra Land Revenue Code, 1966 reads as follows:-

  1. Permission for non-agricultural use: – (1) No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the grant or permission for non-agricultural purpose, except with the permission of the Collector.
  • Notwithstanding anything contained in sub-section (1), no such permission shall be necessary for conversion of use of any agricultural land for the personal bona fide  residential purpose in non-urban area, excluding:-
  • the area mentioned in clause (2) of the Explanation to section 47A, as a peripheral area of the Municipal Corporation or the Municipal Council;
  • the areas falling within the control line of the National Highways, State Highways, District Roads or Village Roads;
  • the areas notified as the Eco-sensitive Zone by the Government of India)

 

As per Section 63 1A the permission of the District Collector is not required for purchasing land admeasuring less than 10 hectares for bonafied industrial purpose. However, it is necessary to inform the concerned Revenue Authorities within 30 days regarding commencement of use of the land for industrial purpose and the Collector levies appropriate N.A. assessment charges for the land for the change in end use of the land.

The powers to grant permission for purchasing agricultural land, exceeding 10 Ha for Bonafide industrial purpose, are conferred to Development Commissioner (Industries). The promoters of an industrial undertaking have to apply for the permission in the prescribed

  1. Application Form for Land Purchase,
  2. BTAL document requirement from UDD,
  3. Application Form for BTAL permission more than 10 Ha. Along with the stipulated accompaniments.

Bonafide Industrial Use’ under the Bombay Tenancy and Agricultural lands Act, 1948 implies the activity of manufacture, preservation or processing of goods, or any handicraft, industrial business or enterprises carried on by any person, including construction of industrial building used for the manufacturing process or purpose, or power projects and ancillary industrial usage like research and development. Godown canteen, office building of the industry concerned, or providing housing accommodation to the workers of the industry concern, or establishment of an industrial estate including Co-operative Industrial Estate or service industry, cottage industry, gramodyog units or gramodyog vasahat.

It is necessary that the land should be in the industrial zone as per the draft / final Regional Plan of the area and should not be under any other reservation where no such Regional Plan or a Scheme exists. The Committee under chairmanship of Development Commissioner (Industries) scrutinizes the application for reasonableness requirement of land considering the project parameters and accordingly Development Commissioner (Industries) grants permission to purchase the land subject to the following conditions:

  1. The land to be purchased shall be put to industrial use within a period of five years from the date of purchase failing which the person from whom the land is purchased shall have right to repurchase the land at the price for which it was originally sold.
  2. Where the land being sold is owned by a person belonging to the Scheduled Tribe, such sale of land shall be subject to the provisions of Section 36 and 36 A of Maharashtra Land Revenue Code 1966 and of the Maharashtra Restoration of Lands to Scheduled Tribe Act 1974.
  3. If the land being purchased is held by occupant Class-II, the purchaser shall pay to the Collector, an amount equal to two percent of the purchase price within one month of the execution of the sale deed irrespective of the tenure of such land. This payment shall be in lieu of any nazarana or such other charges which may otherwise be payable, by such occupant Class-II by or under the provisions of the Maharashtra Land Revenue Code 1966. In addition, the purchaser of such land shall pay the non agricultural assessment as may be levied by the Collector under Section 67 and 115 of the Maharashtra Land Revenue Code 1966.
  4. The person purchasing the land under Sub Section 63 (I) and for conversion there of for bonafide industrial use shall give intimation of the date on which the change of user of the land commenced, within thirty days from such date to the Collector of the District.
  5. If the person fails to inform the Collector within the period specified in Sub Section 63 I A III, he shall be liable to pay in addition to the non agricultural assessment which may be leviable by or under the provisions of the Maharashtra Land Revenue Code1966. Such penalty not exceeding twenty times the amount of non agricultural assessment as the Collector may fix subject to the rules, if any made by the State Govt. in this behalf.
  6. The applicant will have to comply with the provisions of all other Acts/Rules/Notifications issued from time to time by State Govt./Central Govt. in this behalf.

The permission is granted within one month from the date of receipt of the application alongwith the required accompaniments, complete in all respects.