Section 63IA in The Maharashtra Tenancy and Agricultural Lands Act, 1948
63IA. [ Transfer to non-agriculturist for bona fide industrial use.] [This section was inserted by Maharashtra 28 of 1994, Section 2.] - (1) Notwithstanding anything contained in section 63, it shall be lawful for a person to sell land, without permission of the Collector, to any person who is or is not an agriculturist and who intends to convert the same to a bona fide industrial use, [or for special township project, as the case may be,] [These words were inserted by Maharashtra 25 of 2005, Section 2, w.e.f. 17-5-2004.] where such land is located within,-.
(i)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 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)the area where no such plan or scheme as aforesaid exists; [or] [This word added by Maharashtra 25 of 2005, Section 2, w.e.f. 17-5-2004.](iii)[ the area taken over by a private developer for development of a special township project :] [Clause (iii) added by Maharashtra 25 of 2005, Section 2, w.e.f. 17-5-2004.]Provided that, where the total extent of such land proposed to be purchased by a person exceeds ten hectares, he shall obtain prior permission of the Development Commissioner (Industries) or any other officer authorised by the State Government in this behalf, who, while granting such permission shall consider the justification or reasonableness of the requirement of the land proposed to be purchased with reference to the nature of the proposed bona fide industrial use of such land:[Provided further that, such purchase of land shall be subject to the condition that it shall be put to industrial use within the specified total period of fifteen years from the date of purchase, failing which the person from whom the land was purchased shall have the right to repurchase such land at the price for which it was originally sold by him:Provided also that, the purchaser who fails to put the land to bona fide industrial use within five years from the date of the purchase, and is on the date of coming into force of the Maharashtra Tenancy and Agricultural Lands Laws (Amendment) Act, 2004, holding such land without having been put to the bona fide industrial use, shall be permitted to put such land to the bona fide industrial use within the remaining period from the total period of fifteen years, subject to the condition that,-(a)if the land purchased under sub-section (1) was held by the seller as the Occupant Class-II, such purchaser land holder shall pay an additional amount equal to 48 per cent of the price for which it was originally purchased and three times of an annual assessment of non-agricultural tax payable under the Maharashtra Land Revenue Code, 1966 as a non-utilisation tax per year;(b)if the land purchased under sub-section (1) was held by the seller as the Occupant Class-I, such purchaser land holder shall pay an amount equal to three times of an annual assessment of the non-agricultural tax payable under the Maharashtra Land Revenue Code, 1966 as a non-utilisation tax per year:Provided also that, the provisions of this sub-section shall not apply to the areas notified as the Eco-sensitive Zone by the Government of India;] [Provisos substituted by Maharashtra 25 of 2005, Section 2(iv), w.e.f. 17-5-2004]Provided also that, where the land being sold is owned by a person belonging to the Scheduled Tribe, such safe of land shall be subject to the provisions of section 36 and 36A of the Maharashtra Land Revenue Code, 1966 and of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.(2)If, the land being purchased under sub-section (1) is held by Occupant - Class II, the purchaser shall pay to the Collector, an amount equal to ["two per cent of the purchase price, in case the purchase of land is for bona fide industrial use and fifty per cent. of the purchase price. If the purchase of land is for special township project"] [These words were substituted for the words 'two per cent of the purchase price' by Maharashtra 25 of 2005, Section 2(6), w.e.f. 27-5-2004.] within [ninety days] [Substituted 'one month' by Maharashtra Act No. 56 of 2018, dated 13.8.2018.] 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 sections 67 and 115 of the Maharashtra. Land Revenue Code, 1966.(3)The person purchasing the land under sub-section (1) for conversion thereof for a bona fide industrial use [or for special township project as the case may be,] [These words were inserted by Maharashtra 25 of 2005, Section 2(c), w.e.f. 27-5-2004.] give intimation of the date, on which the change of user of the land commenced, within thirty days from such date, to the Collector.(4)If the person fails to inform the Collector within the period specified in sub-section (3), 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 Code, 1966 such penalty not exceeding twenty times the amount of non-agricultural assessment as the Collector may, subject to the rules, if any, made by the State Government in this behalf, direct.Explanation. - For the purposes of this section,-(a)the expression "bona fide industrial use" means the activity of manufacture, preservation of processing of goods, or any handicraft, or industrial business or enterprise, carried on by any person, [or the activity of tourism within the areas notified by the State Government as the tourist place or hill station,] [These words were inserted by Maharashtra 25 of 2005, Section 2(d), w.e.f. 1-7-2000.] and shall include construction of industrial buildings 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 concerned, or establishment of an industrial estate including a co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog vasahats.(aa)[ "special township project" means the special township project or projects under the Regulations framed for Development of Special Township by the Government under the provisions of the Maharashtra Regional and Town Planning Act, 1966.] [Clause (aa) was inserted by Maharashtra 25 of 2005, Section 2(d)(h), w.e.f. 17-5-2004.](b)"Scheduled Tribes" means such tribes or tribal communities or parts of or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India and person, who belong to the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities specified in Part IX of the Schedule to the Order made under the said Article 342, but who are not resident in the localities specified in that order who nevertheless need the protection of this section (and it is hereby declared that they do need such protection) shall for the purposes of this section, be treated in the same manner as members of the Scheduled Tribes.[63A . Reasonable price of land for the purpose of its sale and purchase. - (1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions of this Act shall consist of the following amounts, namely :-(a)an amount not being less than 20 times the assessment levied or leviable in respect of the land and not being more than 200 times such assessment, excluding, however; for the purpose of calculation, the amount of water rate if any, levied under section 55 of the Bombay Land Revenue Code, 1879 and included in such assessment;(b)the value of any structures, wells and embankments constructed, permanent fixtures made and trees planted on the land.(2)Where under the provisions of this Act any land is sold or purchased by mutual agreement, such agreement shall be registered before the Mamlatdar, and the price of the land shall, subject to the limits specified in sub-section (1), be such as may be mutually agreed upon by the parties. In the case of disagreement between the parties, the price shall be determined by the Tribunal having regard to the factors mentioned in this section.(3)Where in the case of a sale or purchase of any land under this Act, the Tribunal or the Mamlatdar has to fix the price of such land under this Act, the Tribunal or the Mamlatdar, as the case may be, shall, subject to the quantum specified in sub-section (1), fix the price having regard to the following factors, namely :-(a)the rental values of lands used for similar purposes in the locality;(b)the structures and wells constructed and permanent fixtures made and trees planted, on the land by the landlord or tenant;(c)the profits of agriculture of similar lands in the locality;(d)the prices of crops and commodities in the locality;(e)the improvements made in the land by the landlord or the tenant;(f)the assessment payable in respect of the land; and(g)such other factors as may be prescribed.][Explanation. - For the purposes of this section, the expression "assessment" shall have the meaning assigned to it in section 8.] [This Explanation was added by Bombay 15 of 1957, Section 12.]
