Agricultural Lands

Overview

Restriction on Agricultural lands Record of rights Conversion of land use to Non-Agricultural i.e. N.A.

OVERVIEW

The term land as defined in section 2 of the Maharashtra Land Revenue Code 66 not only means the surface of the ground but also everything on or over or under it. Land in its ordinary normal conditions means entire land. It includes the upper soil, Sub-soil whether it be clay, sand or gravel. The definition of land is wide enough to take within its fold buildings also, as building is a thing permanently attached to the earth.

OVERVIEW
The term Agriculture is not defined in the Maharashtra Land Revenue Code, 1966; but the same is defined in the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Agriculture includes horticulture, the raising of crops, grass or garden produce, grazing of cattle, rab-manure, dairy farming, poultry farming breeding of live stock and such other relevant operations in conjunction with basic agricultural operations.

OVERVIEW

The term Agriculturist means a person who cultivates land personally. Refer Section (3A) of the MaharashtraAgricultural Lands (Lowering of Ceiling on Holdings) and (Amendment) Act, 1972; Known as Mah.XXI of 1975.

CLASSIFICATIONS OF
AGRICULTURAL LANDS

Bagayeet (Wet Crop) Lands

under cultivation throughout the year by using reserve water sources i.e. wells, rivers, canals etc

Jirayeet (Dry Crop) Lands

mostly dependent on monsoon

Padik (Barren) Lands

non-cultivable lands or not easily cultivable

Section 29 of MLR Code 1966 Persons holding Land Classfied.

OCCUPANT CLASS I Person classified into this class is free to transfer the land without permission of collector in favour of any other person. OCCUPANT CLASS II Lands purchased by tenant under Section 32 of The Bombay Tenancy and Agricultural Lands Act 1948., Lands granted by Government to the Schedule Caste/ Tribes persons, freedom fighter, member of army forces, ex-service man Transfer only after collectors permission. Persons holding land under this category are classified as an Occupant Class II. Government lessees. Restrictions as in Occupants class II.

Restrictions over Transfer of Land

Failure to pay arrears of land revenue On forfeiture the occupancy ceases to be property of the occupant under section 72 of MLR Code 1966. The forfeited land shall not change hands by way of inheritance or by will. Under section 36 A, the land of a Tribal can not be transferred in favour of any non-Tribal without permission of State Government and/or Collector as the case may be Lands restricted under section 43 of BTAL act 1948 Restriction on lands granted on restricted tenure on condition New and Old Khalsa Lands

Restrictions under The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

Standard Area minimum size of any class of land that can be cultivated profitably as a separate plot Fragments means plot of agricultural land of less extent than the appropriate standard area determined for the local area Under section 7: Fragment is not allowed to transfer except to the owner of a contiguous survey number or recognized sub-division of survey numbers. Under section 8: No land in local area shall be transferred or partitioned so as to create fragment. Under section 27: There is ban on transfer of land, execution of awards and decrees during the continuance of the consolidation of holdings. Under section 31: There are restrictions on alienation and sub division of consolidated holdings.

Restrictions as per Maharashtra Agricultural lands Ceiling on Holding Act, 1961

Basic objective - fixation of ceiling - acquire land above a certain level distribution among the landless - redistributive measure based on the principle of socio-economic justice. Any person or family cannot hold land in excess of ceiling area fixed on 26th September1961. Person or family can not transfer surplus land until the land in excess of the ceiling area is determined under the act.(Section 8 ) A person possessing land in excess of ceiling area can not acquire land by transfer. (Section 9) The land held by individual or the family of the Maharashtra State or the part of India is to be taken into consideration while calculating the ceiling area.

Ceiling areas lands have been classified in five classes as detailed below

Class Of Land
Land with assured supply of water for irrigation - yielding at least two crops in a year
Land which has assured supply of water for only one crop. Land which has un-assured supply of water for only one crop. Dry Land situated in Mumbai Suburban District and Districts of Thana, Raigad, Ratanagiri, Sindhdurg, Bhandara, Gadchiroli, Sironcha talukas of Chandrapur District which is under paddy cultivation for continuous period of three years. Dry Crop Lands other than all above lands.

Ceiling Area
Hectares
7-28-43
10-92-65 14-56-86 14-56-86

Acres
18
27 36 36

21-85-29

54

Transfer to non agriculturist barred under Section 63

Agricultirist means a person who cultivates his land personally

No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an agriculturist. However collector may grant permission for transfer under the below mentioned conditions: Such a person bona fide requires the land for a non agricultural purposes; or The land is required for the benefit of an industrial or commercial undertaking or an educational or charitable institution; or Such land being mortgaged, mortgagee has obtained from collector a certificate that he intends to take the profession of an agriculturist and agrees to cultivate the land personally; or The land is required by co-op society; or The land is required for cultivating it by a personally by a person, who, not being an agriculturist, intends to take to the profession of agriculture and to whom collector has given certificate that such person is intend to take to the profession of agriculture and is capable of cultivating land personally; or Such land is being sold in execution of decree of a civil court, or recovering arrear of land revenue.

Transfer to non agriculturist for bona-fide industrial use:

Section 63 (1A) BTAL Act 1948 No permission is required to sell the land to the person who may or may not be an agriculturist for the purpose of bonafide industrial use if the land situates within the industrial zone of a draft plan or final regional plan or draft of final town planning scheme prepared under the MRTP Act 1966 and the area where no such plans or scheme exists.

Restriction due to other Acts

The Maharashtra Co-op Act, 1960 Loans from co-operative society member - mortgaging his own agricultural land against the said loan amount. Under section 48, a charge on land - until debt, due to the society is satisfied. Transfer of Property Act, 1882 Section 52 of the Transfer of Property Act provides that during the pendency of any litigation affecting the immovable property it can not be transferred or otherwise dealt with by any party to the suit so as to affect the rights of the other party under any decree or order which may be made therein. Registration Act, 1908 Section 17 of the Registration Act, 1908 registration is compulsory Instruments of gift of *immovable property Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent. Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees. Wakf Land Wakf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law. No transfer of immovable of a wakf , by way of sale or mortgage, exchange or lease for period of exceeding three years is validly allowed without previous sanctioned of the Wakf Board. Trust Lands These lands attract the provisions of the charitable Trust Acts. The trusties are competent to dispose of the trust property exercising the powers vested in them by the Trust Deed.

Record of Rights

V.F. 7/12 SATBARA Historical, V.F. 1 V.F. 6 -- FERFAAR V.F. 8-A -- KHATA UTARA Gat book plan TILR MOJNI NAKASHA for Demarcation and survey and boundary

Points to be considered, permissions to be obtained and documents to be prepared

1) 7/12 Extract: This the basic document of title and recording a record of rights herein the A-land survey no . with Hissa No., Ghat No., measurement of A. Land area , name of the owner/ hold/tenant along with the types of the crop taken. It is available from the Talathi of the village . A. model 7/12 extract is given alongside. 2) 6 : Extract denote s various mutation entries pertaining to different types of rights attached to or created or transferred to the legal heirs or other person in respect of particular land. It records how the A-Land has changed hands and what other rights are created on it. It is read in conjunction with the 7/12 extract. 3) 8/A extract : This is in the form of a booklet containing therein the details of Payments of Land Revenue tax, types of crop taken , owners name , etc. Together with 7/12 & 6 extract, 8/A extract gives a full view of the Holding. 4) Land Revenue Tax Receipts : They are issued to the agriculturists by the Talathin/ Tehsildar upon payment of Land-Revenue Tax and other cases if any. 5) Part Village-Map & Block Plan:- This is to be obtained to locate , identify and tally the location of the A-Land vis- a-vis the Physical location of the A-Land.

Points to be considered, permissions to be obtained and documents to be prepared

6) Size, shape & dimensions of the plot:- There are to be noted with a particular view to determine and verify the access to the A-Land, existing or proposed . It should be tallied by an actual survey of the A-Land. 7) Access road & Internal roads :-There are to be confirmed by inquires with the neighbours, revenue officers and the right of way for a particular piece of A-Land. 8) Underground water search:- This can be carried out be a scientist or a water -diner and fix the point where to dig a well or a bore well for water supply. 9) Rainfall & Temperatures:- These should be noted under .These should be noted and understood with reference to the proposed crops to be taken. Areas of hazardous climatic conditions should be avoided . 10) Soil testing- This is very important in order to plan out the crop- pattern to be undertaken suitable to the qualities of the A- lands. This is done by government Agencies as well as private laboratories. for the legal effect. 11) Reservations or Acquisitions , if any:- Road and other public purposes by P.W.D. , zilla panchayata ,dam, water ,projects , canals, forest, industrial zone. Etc. to be inquired with different concerned authorities viz. BMRDA, corporation , panchayata, states government . 12) Agricultural land ceiling :- categories of lands and respective limits to be ascertained and related. NOC to be obtained from the competent authority. The sale is always subject to and should confirm to the agricultural land ceiling act of the state Government

Points to be considered, permissions to be obtained and documents to be prepared

13) Original title deeds:- These should be thoroughly checked by the competent legal advisor to determine the clear and marketable title of the A- Land. 14) Legal search report & public notice:- These are to be taken out to further investigate the title of the A-land under sale by an Advocate. 15) Encumbrances , if any:- Bank or private party mortgagee, charge, lien, etc. to be ascertained and should be settled before the deal is finalised or the document is registered. 16) Litigation at revenue courts, collector, mamlatdar, civil court or High court :All the related paper should be studied to know the effect of these litigations on the title of the A-land under sale. 17) Demarcation and survey and boundary :- DILR and circle inspector are the authorities to conduct an official survey of the A-land by proper demarcation. 18) Disputes of boundary , if any:- These are essential to be sorted out and fix the Demarcation lines to know the exact boundaries form all sides. 19) Claims of outsiders, if any :- Any karja/boja on A-land by the Agriculturist should be settled first before the conveyance of the A-land. 20) Family disputes, if any:- There are to be know first and in advance to settle every concerned persons individual and jointrights and interests before the payment is parted with . 21) Sale -permissions , if required :- This should be obtained prior to the completion of the sale of A-land. Other wise the sale may be declared null and void.

Points to be considered, permissions to be obtained and documents to be prepared

22) A-land belonging to cultivators:-This is also not saleable A-land . The collector or Revenue Tribunal doesnt grant sale permissions to the cultivator to sell his land to anyone, usually. Therefore, A-land with Kulholding u/s 32G should not be bought. 23) A-land belonging to Adivasi:- These should never be bought by a non-Adivasi can only sell to another Adivasi. 24) Inami land :- Old conditions and new conditions are attached to such A-land and hence normally it is not advisable to buy such Inami land. 25) N.A. Permissions, if necessary:- For a bungalow or a farm house, Farm-house rules are made out and accordingly , the permission should be obtained . A show cause notice asking the offender to apply within a period of 6 months from the date of issue of notice with necessary documents is required to be issued by the Collector under Section 45(1). Conversion tax wherever applicable, is required to be levied u/s 47 (B) when the unauthorised use is regularised. In case, the holder of land does not apply for regularisation within six months, the Collector may impose penalty not exceeding Rs 300 for such contravention and a further penalty not exceeding Rs 30 for each day during which the contravention persists.

Points to be considered, permissions to be obtained and documents to be prepared

26) An Agriculturist only can buy an Agricultural land:- This is of paramount importance and hence only a farmer can acquire the A-land . A non farmer is not eligible to buy A-land without prior permission of the collector. 27) Valuation report of A-land:- This should be obtained from the registered valuer and the agreement should be made keeping in view this report or there about . 28) Agreement to sell:- This should be drafted, executed and registered by a competent Advocate putting there in all relevant terms and conditions . 29) Power of Attorney :- This should be obtained form the Vendors to the Buyers for necessary follow up at various revenue offices and other persons. 30) Indemnity Bond:- This is required in case , a certain condition is to be specifically fulfilled by the vendor in favour of the Buyer. A declaration -cumIndemnity Bond should also be taken from the vendors , where necessary . 31) Deed of conveyance:- This is to be , finally , executed duly stamp -duty paid. 32) Registration of deed:- This conveyance must be duly registered with the registrar of assurances 33) New 7/12 extract shall , then , reflect the name of the new-owner, i.e. the buyer.

Conversion of Land Use Section 44, 44A of MLRC 1966

Section 44 Conversion of land use Section 44A N.A. for Bonafide Industrial use Section 45 -- Fine & Penalty for Unauthorized use Section 47-1B Ex-post facto regularization of unauthorized N.A. Use Collector of Thanes notification No. REV DESK II/N.A. XI 124 dated 27/09/1978 (N.A.) in various talukas who shall issue provisional N.A. order under Section 45 and 114 does not regularize unauthorised N.A. use simply paying of N.A. Assessment and fine

Documents required for N.A. proposal

7/12 or record or rights of the proposed lands in original x 4 copies. 6 Mutation entries in originals x each 4 copies. 8A Khate Utara in original x each 4 copies. Gut Book plan of the concerned land issued & Certified by the District Inspector of land records x 4 copies. Certified Measurement plan of the land survey form Taluka Inspector of land records x 4 copies. Layout plan showing internal roads, open spaces e.t.c. duly signed by the applicant and the Architect x 8 copies. Registration Certificate of the Architect x 2 copies. Appointment Letter for the Archtiect x 1 copies. Complete revenue search for atleast 30 years x 4 sets.

Documents required for N.A. proposal

Power of Attorney for the constituted Attorney if appointed by the landholders x 2 copies. Grant in right of way document if access road is obtained from the adjoining owners x 2 copies. N.A. application in prescribed form x 4 copies. N.O.C. from local authority for conversion of land use x 2 copies. N.O.C. from pollution Board for Industrial N.A. N.O.C. from Land Acquisition Department. Authentic documents to prove existence of adequate water source. Provisions to be adopted for sewage, drainage and disposal system. Provisions for adequate infrastructure in the case of vast layouts. Sales Permission for tenanted lands under layout.

Section 63-1A is made applicable to Special Township Projects, Tourist Place or Hill Station Development if the land is to "Bonafide Industrial Use".
The said Bonafide Industrial Use of land means and includes : (i) activity of manufacture (ii) preservation or processing of goods, (iii) handicraft industry (iv) industrial business or enterprises, (v) construction of industrial buildings used for manufacturing process or purpose, (vi) power projects (wind energy projects) Ancillary industrial usages : (a) Research and Development, (b) godowns, canteens, (c) office building of the industry concerned (d) providing housing accommodation to the workers of the industry concerned, (e) constructing industrial estate including co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog vasahats.

NA under Section 44A

No permission of Collector under section 42 and 44 of the said MLR Code shall be required for the conversion of use of the land for bonafide industrial use, if the land in question is situated within the industrial zone, the activities to be considered as 'bonafide industrial use' have been incorporated in explanation to section 44-A 'Tourism' is assigned the "status of Industry Made Applicable to Special Township Projects, Tourist Place or Hill Station Development Permission to be obtained from Govt. Time limit to put the proposed land to "Bonafide Industrial Use" is extended to fifteen years, from five years. For occupancy Class-II lands - 2 % of the Purchase Price and 50 % of the Purchase Price, if the purchase of land is for Special Township Projects (STP) within one month of execution of the Sale Deed irrespective of the tenure of such land, this payment shall be in lieu of any Nazrana or such other charges payable beyond 10 Hectors (25Acres) permission has to be obtained from Development Commissioner (Industries) Intimation to Tahasildar through Talathi copy to collector within 30 days in prescribed form.

Thank You !
By

Tarunkumar Khatri
tarunkumarkhatri@gmail.com 9892887797