44. Procedure for conversion of use of land from one purpose to another.
- [(1) Subject to the provisions of sub-section (2) of section 42, if an occupant of unalienated land or a superior holder of alienated land or a tenant of such land-(a)which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose, or](b)if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or(c)desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of and or permission for such non-agricultural purpose, such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.(2)The Collector, on receipt of an application, -(a)shall acknowledge the application within seven days;(b)may, unless the Collector directs otherwise, return the application if it is not made by the occupant or superior holder or as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant or superior holder has not been obtained, or if it is not in accordance with the form prescribed;(c)may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the State Government; or refuse the permission applied for, if it is necessary to do so to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection.(3)If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgement of the application, or from the date of receipt of the application - if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2), then within ninety days [or as the case may be, within fifteen days] [These words were inserted by Maharashtra 4 of 1970, section 3] from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions prescribed in the rules made by the State Government in respect of such user.(4)The person to whom permission is granted or deemed to have been granted under this Section shall inform the Tahsildar in writing through the village officers the date on which the change of user of land commenced, within thirty days from such date.(5)If the person fails to inform the Tahsildar within the period specified in sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment [such fine not exceeding five hundred rupees or such amount as may be prescribed, whichever is higher, as may be directed by the Collector.] [Substituted 'such fine as the Collector may, subject to rules made in this behalf, direct not exceeding five hundred rupees.' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.](6)When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder thereof in the form prescribed under the rules.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 clerical or arithmetical error in the sanad arising from any accidental slip or omission.
