Section 17 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962
17. Procedure for notifying land under section 47(1)(k).
(1)An industrial undertaking seeking exemption from the provisions of the Act in respect of the land held by it or to be acquired by it, shall make an application in writing to the State Government through the Collector within whose jurisdiction all or major portion of the land held by it or to be acquired by it are situate.(2)The application shall contain the following particulars, that is to say, -(i)the industrial operations carried on by the undertaking or proposed to be carried on by it;(ii)the survey number, hissa number, area and assessment of the land, which is sought to be notified under clause (k) of sub-section (1) of section 47;(iii)the survey number, hissa number, area and assessment of all lands already in possession of the undertaking as well as of those in possession of its subsidiary or associated concerns in the State, the manner in which the land was acquired that is to say, whether by purchase, lease or compulsory acquisition under the Land Acquisition Act, 1894, and the purpose for which the land is utilised, giving details under the following heads(a)for purpose of buildings;(b)for office;(c)for godown;(d)for other ancillary purposes;(e)for road or railway siding;(f)for open space;(g)for expansion needs;(h)for housing;(i)for effluent discharge;(j)for any other purpose.(3)Where the application is made for notifying land to be acquired by the industrial undertaking, the application shall [in addition to the particulars specified in sub-rule (2)], contain the following particulars, that is to say, -(a)the details of land intended to be acquired by the undertaking, the manner in which it will be acquired and the purpose for which the land will be utilised giving details as contained in clause (iii) of sub-rule (2);(b)if the need for land has arisen due to shifting of the undertaking from the City of Bombay, the relevant particulars of the existing undertaking and its location;(c)if the applicant industrial undertaking is an undertaking to which the Industrial (Development and Regulation) Act, 1951, applies, then -(i)a true copy of any licence issued by the Central Government to the undertaking under the said Act; or(ii)where a licence has not been issued and the application is pending a true copy of the application made by the undertaking to the Central Government together with a true copy of the letter of the Central Government conveying preliminary approval to the scheme;(d)if the applicant industrial undertaking is an undertaking to which the Industrial (Development and Regulation) Act, 1951, does not apply, then, the details of the progress made in the execution of the proposed scheme, that is to say, procurement of machinery, raw materials and the like;(e)if the area to be acquired is within the limits of any Municipality, whether the Municipality has given necessary building permission;(f)if the land is being acquired otherwise than under the Land Acquisition Act, 1894, the name and address of the person from whom the land is to be acquired.(4)The application shall be accompanied by layout plants showing clearly the area presently occupied, the existing structures thereon, and the buildings proposed to be erected by the undertaking.(5)The Collector shall forward the application to the State Government alongwith his remarks.(6)The State Government on being satisfied, after making such inquiry as it deems fit, that the land held or to be acquired by the industrial undertaking is for bona fide industrial or other non-agricultural use, may notify the land in the Official Gazette.
