Agricultural:
The word "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.
Agricultural lands:
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, management of uncultivated lands and acquisition of estate and lands:
Bombay tenancy and
agricultural land Act, 1948
Section 63 Transfer to Non Agriculturist barred:-
a)
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
b)
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 ceiling limit] determined under the Maharashtra Agricultural
Lands (Ceiling 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 agricultural 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 prescribed.
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 before putting it into
any other use;
Section 42 of the Maharashtra Land Revenue Code, 1966
reads as follows:-
42. 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.
(2) 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:-
(a) the area mentioned in clause
(2) of the Explanation to section
47A, as a peripheral area of the Municipal Corporation or the Municipal
Council;
(b) the areas falling within the
control line of the National Highways, State Highways, District Roads or Village
Roads;
(c) 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 bona-fide 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 bona-fide 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.
‘Bona-fide 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 along-with the required accompaniments, if they are complete in all respect.
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