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In pursuance of clause (3) of article 348 of the"'<::oristitution of India,
the following translation in English of the Mahar'ashtra Tenancy and I

~ricul.turalj .Lands Laws (Amendl1JcntJ Apt, 2004;, (Mah.: Act No. XXV of
-2(,}05), is hereby published under the, ctuthotity of the Governor.
I

By order and in" th,e name of the qovelr;nw, o.t Maharashtra,

"
A. M. SHINDEKAR,
Sect-etary to Government,
LJw and judiciary Department.
"
MAHARASHTRA AC'P No. XXV ()F 2005.
(First published, after having received the assent of the,
Govemdr, in the" Mahdrashtra Govemment Gazette ", on'
the 19th May 2005.)
An Act further toarnend the 130WbClYTenancy an,d Agricultural
tapas Act. 1948, the Hydrabad Tenancy and Agricultural Lar1ds .
Act. 1950 and 'the Bdn1bay Tenancy and Agricultural" 'Lands
(Vidarbha R~gion) A;tt, 1958. '
)
WHEBEAS the GoVt>xnor ofMaharashtra had promulgated tjJ.e
) Mah Ord, Maharashtra Tenancy apd Agricvltural Lands Laws (Amendment)
XI of' Ordinance,
2004,' 2004 on. the 17th May ,2004
, ;
AND WHEREAS UpOll the Te."assembly of the ;3tate Legil?lature
on the 24th May 2QO4, the said Ordinanc~ wa~,IClid b~forp both
Hou~es of the .state Legislature and a Bill for coI\verting tl;te
said Ordinance into an Act of the state Legislature was also
introduced in the Maharashtra Legislative Assembly as L. A. Bill
No. VIII of 2004 on the 28th May ,2004. '[hel saidcgill, however,
~ cotIld not bepassGd as the, said session of'the State Legislature
/' was proFOgued on the lIth June 2004; ,,>

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J\ ~ND WHI;REAS as provided bi article 213 (2) (a) of the Constitution of,
India, the sai~ Ordinance would have, ceased to operate on the expiration of
, six weeks from the'date of re-assembly,of the State Legislature, that is, on the
4th July,,~O,94';,!" ',' " "~, '" ,

AND WHEREAS it was considered expedient to continue the operation of'

the provisions of the said Orfiinance~ '

-AND WHEREAS both Houses"of th~ State Legislature were not in session
and th~ GovefuorofMahara~htrg was'satisfied that circuinstances existed which,
"rendered,ir!1ecessaryfor him tdtake inrihed;ate'a~tioIlto continue'the'operation
of the provisions of'the said Ordinance"for the purposes hereinaftenippeari~
, and, therefore, promulgated the Maharashtra' Tenancy and Agricultural Lands Mall,
. 'Laws (Amendment and Continuance),Ordinance, 2004 on the 3rcLJuly 2004 ; Ord.
, ' XVI of
'AND WHEREAS it is expedient to replac~ the said Ordipance bY~11 Act 200-t, ,

, ofthl:' ::;tateL~gi~lature; iHsherebyen~ctedll1 the Fifty-fjfth Year of the Republic

" !of India ;as, foHo.ws ;-'1 " ,', ,'. j

'Short title: 1.,' (1) This Act-may be taIled the Maharashtra Tenancy and' AgiicuItliral'
and com- '

mencement:~an ds Laws (Amendment) Act, 4004,

'
,

.
, '"

,
'
' ~
(1) Save as ()th~rwisepro\1id~din the Act, it~hall be 'deemed to have come
into force on the 17th May 2004. ' ,

AI11endment ~. Insecti9n 63-1A, of the Bombay Tena~cy.a~d Agricultural landS Act, Born,
of section,l.Q48(J;lereinafterreferred to as "the Bombay Tenancy Act") -- 'LXVII
I 63-1Aof "'" " " of
( ct) in sub-section (1),--
Bori1. " 1948,
,

J.,XVII , ' .
of
1948. (i) in the, principal clause, after the words l!bOlla-fide,il;ldustrialllse" the ---
words "or' for special 'township project, as the case may be," shaH be '

inserted; -' ,"" .,

,. , , ",1 . ,
(ii) in clause (ii), the word "qr" shan be added at the end;
(iii) after clause' (ii), the following clause shan be inserted,' namely:
)1, !H' , ,. ,',.. "'!
,,"(iii) the ,are~.taken, over ,bie. privat~ cievetoper .for dryeloprnent or.a.
" special township, project:"; , ' ' , J

. (iv), for the s,econdproviso,'the following.,provisosshaHbe substituted,

,(
nmnely:..,.. . ), 'i ' -

"Provided further tHat, such purchase of land shall be subject to the

condition tilat it shall be put to industrial use:wifuin the sp~cified total period
,of fifteen years from the date of purchase, failing which the person from whom
the' lab'dlwas"pur.chased sh~H 'hav'e the right totepurchasesuch lartcattlte
price for'\~bich'lt was loriginally sold by him.: .
~' ," " ' ;

.Provided al&9that,. the purchaser who-fails to put the.'land to b(ma:flde

industri,alus~ within~fiye'Yearsfromithed::\.te of theptlrchase,and, is on the --.
date of coming into [orce'of the;Ma~arashtra Tenancy and Agric1JIturalLands ..::.
Laws (Amendment) Act,;2004;:b~Ming such land"without having been pu~ 'Mah,'X)IN
tq. the bona-fide indusirial' use;.sJ\all 'b~ perinitted 'to put such 'land 'to the of
2005,

"
,
 ,
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holla-fide industrial use within the remaining period from the total period o~~./
I fifteen years, subject to the condition that,--
(a) In 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
Mah. purchased and three times of an annual assessment of non-agricultural tax
XLI payable under the Maharashtra Land Revenue Code, 1966 a~ a non-utilisation
of
1966, ta..x per year;

, (b) if the land purcMsed u~der suo-section (1.) was held by the seller
~.as the OGcupant Class-I, -such purchaser land holder shall pay an amount
~ -equal to three times of an. annual- assessment of the non,.agricultl,lral tax
Mah. payable under the Maharashtra Land Revenue Code, 1966 as a non-utilisation'
XLI
of tax per year:
1966.

~
Provided also that, the provisions of this sub-section shall not apply to

r.:; the are~s ndtified as't!1e Eco-sensitive Zone by the Government ofIndia :"'; ,
(b) in sub-section (2k for the words" two..per cent. of the purchase'price"
the words "two per cent. of the purchase price, in case' the purchase 'of land'
is for, bona-fide industria!" use and fifty per cent. of the purchase price. If the.
purchase 'of land is ~or special township project" shall be substituted ';
'(c) In:sub-section (3), after the words" bollo-finde industrial u:;e " the words
"or- for special township project, as the case may be," shaH. be inserted;

(d) 'in the Explal!atioll,~

(I) in clause (a), after the words" carried on by any person, " the words
"or the activity of tourism within the areas notified by the State Government'
as the tourist pl~ce or hil!station, " shall be inserted and shaH be deemed
to have bee~ i~serted with effect from the 1st July 2000'; , ,
, (1I) after cl~use (0); the following clause shall be inserted, namely :-
"(00) "special township p~oject " means the speciahownship project
or projects under the 'Regulations frameo for Development of Special
I Mah. ,
.
Township ,by the Government under the prbvisions of the Maharashtra
r ~. Regional and Town Planning Act, 1966. ".
I 1966,

Hyd. 3. In se.ction 47.'\ of the Hyderabad Tenancy and Agricultural Lands Act, Amcnd~ent
~}, 1950 (hereinafter referred to as "the Hyderabad Ten,ancy Act "),-. ~;::\ec~~n.
1950. Jlyd. XXI of
19~O.
(a) in sub-section '(1),-
(i) in the principal clause, after the words" bo/lt,-fide industrial use ,. the
T words" or 10r spechil township project, as the case may be, " shall be
inserted -;. . -,

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(ii) in clause (ii), the word "or" shall be added at the end;
, ,

(iii) after clause (il),the following

..
clause shall be' inserted,
,
namely::-,
~'(iii) The area taken over by a private developer for development of
special town.shipproject :" ,

(iv) for the second proviso, 'the following provisos shall be substituted,
namely: -
" 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' 3:t the price for which it was originally sold by him: '

, ,

Provided also that, the purchaser who fails to put the' land to bolla
fide industrial use within five years from the date of the purchase, and
is on the date of coming into forc'e of the Maharashtra Tenancy and
Agricultural Lands Laws (Amendment) Act, 20M" holding such land 'Mah.)~
,-without having been put to the bol1ajide industria) use, shall be pemli,tted of J..
2005~ ~

to put such lan'd to bona fide industrial use within the remaining period
from the total period of fifteen' year~, subject to the ~ondftion that,-=-

(0) If the land purchased under sub-section (1) was held by the seller
as the Occupant Class-il, such purc~aser land holder ~hallpay an additional
amount equal to 48 per cent. of the pricefoi" which it Was originally
purchased and three ,times ef an annual assessment of non-agricultural
'tax payable under the Maharashtra Land Revenue Code, 1966 as a non- Mah.
utilisation tax per year; ,
XLI
of
1966.

(b) If the land purchased under sub-section, (1) was held by the seller:
as the Occupant Class-I, the pUrchaser land holder shall pay three times
of an''annual assessment. of the non-agricultural' tax payable under the
Maharashtra Land Revenue' Code; ~966 as Ii non-utilisation tax' per Mah.
XU
year:. of
Provided ~lso that, the provisions of this sub-section shall not apply '1966.'
to the areas notified as the Eco-sensitive Zone' by the Government
of In,dia ;";

, ',(b) In sub~sec~ioIi.(2),for the words "two per cent. of the purchase

price" the words "two percent. of the purchase price, in case the purchase
of land is for bonofide industrial tlse and fifty per cent of the'purchase,
price, if the purchase of land is for spe<:ial township project'~ shall be
substituted; " '

(c) in sub-section (3), after the words ,"bona fide indl!~trialuse", the -
--,
words f"or for special township project, as',the case may be, shall be -,".;0'
inserted;" " ' . .
 .....- -- -
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..

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(d) in the Explanation,- . " ~~

(I) in clause (a), after' the words "carried on by any person," the
words "or the activity of tourism within the areas notified by the State
Government as the tourist place or hill station,~' shall be inserted and shall
"

be deemed to have been inserted with effect from'the 1st July 20bo ;
" .

(II) after clause (a), the following clause shall be inserted.

namely. :~ . -
"(a a) "special township project" means the special township
project or projects under the Regulations framed" for Development of
Mah. r..- Special Townshi? by the Govemme~t under the provision& of the
.X Maharashtra RegIonal and Town PlannIng Act, 1966. ".
xxx-
VII of
1966.
Born. 4. In section 89A of the Bombay Tenancy and Agricultural Lands (Vidarbha Amend~cnt
. XCIX
of Region) Act, 1958 (hereinafter referred to as "the Vidarbha Tenancy Act"),- ~~lc~~on "

(a) in sub-section (1),-

. Bom. XCIX"
1~ (i) in the prin<::ipalclause,after the words "bQnafide industrial use" of 1958.
. the words ""or for special township project; as the case may be," shall
be inserted; "

(ii) in clause (ii), The word "or" shall be added at the end:
(Ui) after clause (ii), the fonowing clatlse shall be inserted,
~~~" -
(Ui) the al'ea taken over by a private developer for development of a
special township project: " ; " " "

(iv) for the second proviso, the following provisos shall be substituted,
" "

namely:- " "

" " Provided further that, such purchase of land shall be subject
to. the condition that it shall be put to industriaillse within the specified
t9tal" 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 priGe 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
h.XXV is "on the date of 'coming into force of the Maharashtra Tenancy and
of Agricultural Lands Laws (Amendment) Act, 2004, holding such land
2005. without having been put to bOna-flde industrial use, shall be permitted
to put such land to 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 O"ccupant Class':n such purchaser land holder shall pay
an additional amount equal to 48 per cent. of the price for which
it was :originally purchased ~nd th1'.;;etimes of an annual assessment
ah.
XLI of lion-agricultural tax payable under the Maharashtra Land
P of Revenue Gode, 1966 as a non.iutilisation tax per year;
1966.

"-
.
'- --
.,.
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.q.~'(, ~ool.o./~~'(, rt~,(~19 (1tPT3tTO

...... (b) If the lands pur'Chased under sub-section (1) was held by
the seller as tile Occupant Class-I, the purchaser land,holder shall
pay three times of an annual assessment of the non-agricultural tax
payable under the Maharashtra Land Revenue Code, 1966 as a non":' Mah.
utilisation tax per year: ' XLI
.Provided alSo that, th~ provisions of this sub-section shall not n66.
apply to the areas notified as the Eco-sensitive Zone by the Gov-
ernment of India: ";
. (9) in sub-section (2), for the words" two per cent, of the purcllase
price " the words "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 -,t
price, if the purchase of.land is for special towI'\ship project "shall be '

substituted;
(c) in sub-section (3), after the words" qona-fide industrial. use '" the
,weirds " or for special, township project,-as the case may be" shall be
inseI1ed ; "

~
(d) in ,the Explallation,-., ,
(1) in clause ,(a), after the worqs "carried on by any person," tile ~
words "or tlie activity of tourisirn within the areas n,otifiedby the state
, Gover1}ment as the tourist place or hilI station,'~sh~l1be inserted and shall
be dee!11ed to have been inserted with effect from the 1st July 2000 :
(J 1): After clause, (a), the following ciause shall be;insert~d;
J:1amely':-, '
. ' ,

"(aa) ", Special tc;>wnshipproject"means the special township project

or projects under the Reguhitions framed for Development 'of Special
:Township' by the Government under the provisions of the Maharashtra Mali.
Regional and Town Planning Act, 1966.". xx."XVIl
of
, 1966.

Repeal of 5. (1) 'The ,MasharashtraTenancyand AgriculturalLandsLaws(Amend~ Mah.

'Ord.
M~~f mentand Continuance)' ~rdinance, 2004, is hereby repealed. . XVI
2004 and of
saving. 2004.

, (2) Notwithstanding such repeal, any thing done or any aCtion taken (iQ-
cluding any notification issued), under the Bombay Tenimcy Act, the Hyderabad '

Tenancy,Act or~he Vidarbha Tenancy Act, as amended by the said:Ordinance,

shall be deemed tohavebeeri' done,taken, or issued, as, the, case may be: under
',the relevant' Acts, as amendeq' by this Act.