MAHARASHTRA LAND REVENUE
(CONVERSION OF OCCUPANCY CLASS-II AND LEASEHOLD LANDS INTO OCCUPANCY CLASS-I
LANDS) RULES, 2019
PREAMBLE
Whereas, by the
Government Notification, Revenue and Forests Department, No. Jamin.
2018/C.R.90/J-1, dated the 17th November 2018, the Government of Maharashtra
had published the draft of rules for conversion of Occupancy Class-II and
Leasehold lands into Occupancy Class-I lands, which were proposed to be made,
in exercise of the powers conferred by sections 29A and 328 of the Maharashtra
Land Revenue Code, 1966 (Mah. XLI of 1966) (hereinafter referred to as
"the said Code"), for information of all the persons likely to be
affected thereby, and notice was thereby given that the said draft would be
taken into consideration by the Government of Maharashtra on or after the 18th
December 2018;
And Whereas, by
the Government Notification, Revenue and Forests Department, No. Jamin
2018/C.R.90/J-1, dated the 18th December 2018, the Government extended the said
date of receiving objections or suggestions till 1st January 2019;
And Whereas,
various objections and suggestions received pursuant to the said Notification
have been considered by the Government;
And Whereas, after
considering the objections and suggestions received, the Government considered
it expedient to modify certain provisions of the draft rules;
Now, therefore, in
exercise of the powers conferred by sections 29A and 328 of the said Code, and
of all other powers enabling it in that behalf, the Government of Maharashtra,
hereby makes the following rules, the same having been previously published as
required by sub-section (1) of section 329 of the said Code, namely:--
Rule - 1. Short title and application.--
(1)
These rules may be called the
Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold lands
into Occupancy Class-I lands) Rules, 2019.
(2)
These Rules shall apply to
lands granted or subsequently allowed by the competent authority to be used for
agricultural or residential or commercial or industrial purpose on Occupancy
Class-II or leasehold rights.
Rule - 2. Definitions.--
(1)
In these Rules, unless the
context otherwise requires,--
(i)
"Act" means the
Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);
(ii)
"Development plan"
means the Development plan prepared under the Maharashtra Regional and Town
Planning Act, 1966 (Mah. XXXVII of 1966);
(iii)
Annual Statement of Rates"
means the Annual Statement of Rates published under the provisions of the
Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995
framed under the Maharashtra Stamp Act (LX of 1958) and where such Annual
Statement of Rates is not prepared or available, it means the rate of such land
as determined by the Assistant Director of the Town Planning Department of the
concerned District;
(iv)
"Regional plan" means
the Regional plan prepared under the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966);
(v)
"section" means the
section of the Act.
(2)
Words and expressions used but
not defined hereinabove shall have the same meanings as are assigned to them
respectively in the Act.
Rule - 3.
(1)
Any holder of land granted on
Occupancy Class-II or leasehold basis may make an application to the concerned
District Collector for conversion of Occupancy Class-II land or leasehold land
into Occupancy Class-I land as per the provisions of these Rules.
(2)
Upon receipt of any application
under sub-rule (1), the Collector shall verify the particulars of the concerned
land and whether there is any violation or breach of any of the terms or
conditions of grant of such land.
(3)
Upon such verification, if it
is noticed that there is violation of any of the terms or conditions of grant
of such land which has not been regularised, then the Collector may reject the
application, by an Order, after recording the reasons therefor.
(4)
Upon such verification, if it
is noticed that there is no violation of any of the terms or conditions of
grant of such land, or such violation, if any, has been regularized by the authority
competent to do so, then the Collector shall by an Order, convert the Occupancy
Class-II land or leasehold land into Occupancy Class-I land on payment of
conversion premium as specified in the Table below:--
TABLE
(A)
Conversion premium payable for
conversion of Occupancy Class-II or leasehold lands granted for agricultural
purpose only.
Sr. No.
Area in which
land is situated and user of land.
Premium to be
charged upto three years commencing from the date of publication of these rules
in the Official Gazette.
Premium to be
charged after expiry of three years from the date of publication of these rules
in the Official Gazette.
(1)
(2)
(3)
(4)
1. Land granted
for agricultural purpose situated outside the limits of any Nagar Panchayat or
Municipal Council or Municipal Corporation or Special Planning Authority,--(i)
allocated to agricultural or no development zone as per the Regional plan;
Fifty per cent.
of value of such land calculated as per agricultural rate of such land
specified in the current Annual Statement of Rates.
Seventy five per
cent. of value of such land calculated as per agricultural rate of such land
specified in the current Annual Statement of Rates.
(ii) allocated to
any non-agricultural zone as per the Regional plan.
Fifty per cent.
of value of such land calculated as per potential non-agricultural rate of such
land specified in current Annual Statement of Rates.
Seventy five per
cent. of value of such land calculated as per potential non-agricultural rate
of such land specified in current Annual Statement of Rates.
2. Land granted
for agricultural purpose situated within the limits of any Nagar Panchayat or
Municipal Council or Municipal Corporation or Special Planning Authority and
allocated to any non-agricultural zone as per Development plan, or where
non-agricultural use of such land is not permissible as per the Development
plan.
Fifty per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Seventy five per
cent. of value of such land calculated as per rate of such land specified in
the current Annual Statement of Rates.
(B) Conversion
premium payable for conversion of Occupancy Class-II or leasehold lands granted
or subsequently allowed by the Competent Authority to be used for residential
or commercial or industrial purposes only:-
Sr. No.
Type of occupancy
of land.
Premium to be
charged upto three years commencing from the date of publication of these rules
in Official Gazette.
Premium to be
charged after expiry of three years from date of publication of these rules in
Official Gazette.
(1)
(2)
(3)
(4)
1
Land held on
Occupancy Class-II or on lease hold basis for commercial or industrial purpose.
Fifty per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Sixty per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
2
Land held on
Occupancy Class-II for residential purpose.
Fifteen per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Sixty per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
3
Land held on
lease hold rights for residential purpose.
Twenty five per
cent. of value of such land calculated as per rate of such land specified in
the current Annual Statement of Rates.
Seventy five per
cent. of value of such land calculated as per rate of such land specified in
the current Annual Statement of Rates.
4
Land granted on
leasehold rights to a Cooperative Housing Society and currently held by that
Co-operative Housing Society.
Fifteen per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Seventy five per
cent. of value of such land calculated as per rate of such land specified in
the current Annual Statement of Rates.
5
Land granted on
Occupancy Class-II to a Co-operative Housing Society and currently held by that
Co-operative Housing Society.
Fifteen per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Sixty per cent.
of value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates.
Provided that, in
case of plot or land granted for residential purpose by the Government by
recovering full occupancy price without any concession, the premium payable for
conversion of tenure of such plot or land to occupancy Class-I shall be ten per
cent. of the value of such land calculated as per rate of such land specified
in the current Annual Statement of Rates.
(5)
The amount, if any, paid to the
Government towards change of use or towards conversion of leasehold rights into
occupancy Class II as per the prevailing policy of the Government shall be
adjusted towards the amount payable for conversion of tenure to occupancy Class
I under these Rules.