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State of Maharashtra - Section

Section 42 in Maharashtra Land Revenue Code, 1966

42. Permission for non-agricultural use.

- [(1) No and 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.] [Section 42 re-numbered by Maharashtra 17 of 2007, section (w.e.f. 1-8-2007). MGG (Pt. VIII) (Extra) dt. 5-5-2007.]
(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, or for the micro enterprise as defined in clause (h) of section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 and small commercial use like shop, flour mill, grocery shop or chilli grinding machine, operated in such premises in use for the personal bona fide residential purpose in non-urban area and occupying the area not exceeding forty square meters] [Sub-section (2) was added by Maharashtra 17 of 2007, section 2, (w.e.f. 1-8-2007). MGG (Pt. VIII ibid)] [or for any micro, small and medium food processing industrial units] [Inserted by Maharashtra Act No. 12 of 2018, dated 17.1.2018.] 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.]
[Provided that, the person who uses such premises for the micro enterprise and such small commercial purpose, and occupying the area not exceeding forty square meters for such purpose, [or for any micro, small and medium food processing industrial units] [These Proviso was added by Maharashtra 19 of 2012, section 2(b), (w.e.f. 8-8-2012).] shall give intimation of the date on which such change of use of land has commenced and furnish other information in such form as may be prescribed, withing thirty days from such date, to the Tahsildar through the village officer and shall also endorse a copy thereof to the Collector].[Provided further that, the use of land for any micro, small and medium food processing industrial units shall be deemed to be the use of land for agricultural purpose.] [Added by Maharashtra Act No. 12 of 2018, dated 17.1.2018.]