Section 44A in Maharashtra Land Revenue Code, 1966
44A. [ No permission required for bona fide industrial use of land.] [Section 44A was inserted by Nab. 26 of 1994, section 2.]
(1)Notwithstanding anything contained in Section 42 or 44, where a person desires to convert any land held for the purpose of agriculture or held for a particular non-agricultural purpose, situated,-(i)within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966, or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or(ii)within the area where no plan or scheme as aforesaid exists, [for a bona fide industrial use; or [This portion was substituted for the portion beginning with words 'for a bona fide industrial use' and ending with the words 'conditions, namely :-' by Maharashtra 26 of 2005, section 2(a)(i), (w.e.f. 6-3-2004)](iii)within the area undertaken by a private developer [as an Integrated Township Project];then no permission for such conversion of use of land shall be required, subject to the following conditions, namely :-] [This portion was substituted by Maharashtra 17 of 2007, section 3, (w.e.f. 1-8-2007)](a)the person intending to put the land to such use has a clear title and proper access to the said land;(b)such person has satisfied himself that no such land or part thereof is reserved for any other public purpose as per the Development Plan (where such plan exists) and the proposed bona fide industrial use [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(a)(ii), (w.e.f. 6-3-2004)], as the case may be] does not conflict with the overall scheme of the said Development Plan;(c)no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 or the Maharashtra Industrial Development Act, 1961 or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;(d)such person ensures that the proposed industry [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(a)(iii), (w.e.f. 6-3-2004)], as the case may be] does not come' up within thirty metres of any railway line or within fifteen metres of a high voltage transmission line;(e)there shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation projects and also those pertaining to environment, public health, peace or safety.[Provided that, the provisions of this sub-section shall not apply to the areas notified as the Eco-senstive Zone, by the Government of India] [This proviso was added by Maharashtra 26 of 2005, section 2(a)(iv), (w.e.f, 6-3-2004)].(2)The person so using the land for a bona fide industrial use [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(b), (w.e.f. 6-3-2004)] as the case may be] shall give intimation of the date on which the change of user of land has commenced and furnish other information, in the prescribed form, within thirty days from such date to the Tahsildar through the village officers, and shall also endorse a copy thereof to the Collector:Provided that, where such change of user of land has commenced before the rules prescribing such form are published finally in the Official Gazette, such intimation and information shall be furnished within thirty days from the date on which such rules are so published.(3)(a)If the person fails to inform the Tahsildar and the Collector, as aforesaid, within the period specified in sub-section (2) or on verification it is found from the information given by him in the prescribed form that, the use of land is in contravention of any of the conditions specified in sub-section (1), he shall be liable to either of, or to both, the following penalties, namely :-(i)to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of this Code, [such penalty not exceeding rupees ten thousand or such amount as may be prescribed, whichever is higher, as the Collector may direct:] [Substituted 'such penalty not exceeding rupees ten thousand; as the Collector may, subject to the rules, if any, made in this behalf direct' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.]Provided that, the penalty so levied shall not be less than twenty times the non-agricultural assessment of such land irrespective whether it does or does not exceed rupees ten thousand;(ii)to restore the land to its original use.(b)Where there has been a contravention of any of the conditions specified in sub-section (1), such person shall, on being called upon by the Collector, by notice in writing, be required to do anything to stop such contravention as directed by such notice and within such period as specified in such notice, and such notice may also require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied within the period specified in the notice.(4)(a)If any person fails to comply with the directions or to take steps required to be taken within the period specified in the notice, as aforesaid, the Collector may also impose on such person a [further penalty not exceeding five thousand rupees or such amount as may be prescribed, whichever is higher, for such contravention, and a daily penalty not exceeding one hundred rupees or such amount as may be prescribed, whichever is higher.] [Substituted 'further penalty not exceeding five thousand rupees for such contravention, and a daily penalty not exceeding one hundred rupees' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.] for each day during which the contravention continues.(b)It shall be lawful for the Collector himself to take or cause to be taken such steps as may be necessary; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.(5)As soon as an intimation of use of land for bona fide industrial use [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(b), (w.e.f. 6-3-2004)] as the case may be] is received under sub-section (2) and on verification it is found that the holder of the land fulfills all the conditions specified in sub-section (1), a sanad shall be granted to the holder thereof in the prescribed form. [within a period of sixty days in case of bona fide industrial use and ninety days in case of integrated Township Project form the date of receipt of such intimation.] [Added by Maharashtra Act No. 19 of 2015, dated 24.4.2015.]Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or omission, it shall be lawful for the Collector either of his own motion or on the application of a person affected by the error to direct at any time the correction of any such error.Explanation [I]. [The existing Explanation renumbered as Explanation-I and after that Explanation-II, was added by Maharashtra 26 of 2005, section 2(d) & 2(e), (w.e.f, 6-3-2004)] - For the purposes of this Section "bona fide industrial use" means the activity of the manufacture, preservation or processing of goods, or any handicraft, or industrial business or enterprise, carried on by any person, [or the activity of tourism, within the area notified as the tourist place or hill station, by the State Government] [These words were inserted by Maharashtra 26 of 2005, section 2(c), (w.e.f. 6-3-2004)] and shall include construction of industrial buildings used for the manufacturing process or purpose, or power projects and ancillary industrial usages like research and development, godown, canteen, office-building of the industry concerned or providing housing accommodation to the workers of the industry concerned, or establishment of an industrial estate including co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog Vasahats".[Explanation II. - For the purpose of this section, "Integrated Township Project" means Integrated Township Project or projects under the Regulations framed for development of Integrated Township Project by the Government, Under the provisions of the Maharashtra Regional and Town Planning Act, 1966.] [Substituted by Maharashtra Act No. 19 of 2015, dated 24.4.2015.]
