MAHARASHTRA LAND REVENUE FARM BUILDING (ERECTION, RENEWAL, RECONSTRUCTION, ALTERATIONS, ADDITIONS, ETC.) RULES, 1989

[MAHARASHTRA LAND REVENUE FARM BUILDING (ERECTION, RENEWAL, RECONSTRUCTION, ALTERATIONS, ADDITIONS, ETC.) RULES, 1989][1]

PREAMBLE

In exercise of the powers conferred by subsection (1) of clause (xiva) of subsection (2) of section 328, read with section 41 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been published previously as required by subsection (1) of section 329 of the Code, namely:

Rule - 1.Short title.

These rules may be called the Maharashtra Land Revenue Farm Building (erection, renewal, reconstruction, alterations, additions, etc.) Rules, 1989.

Rule - 2.Definitions.

In these rules, unless the context require otherwise,

(a)      Code means the Maharashtra Land Revenue Code, 1966;

(b)      section means a section of the Code;

(c)      Planning Authority means a Planning Authority as defined in the Maharashtra Regional and Town Planning Act, 1966;

(d)      construction means erection of farm building or carrying out the work of renewal, reconstruction, alterations or additions in farm building.

Rule - 3.Form of application for permission under Section 41 (2).

Every application under subsection (2) of Section 41 of the Code for erection of any farm building or carrying out any work of renewal of, reconstruction of, alterations in or additions to, any such farm building, or any farm building erected before the commencement of the Maharashtra Land Revenue Code (Amendment) Act, 1986 (Mah. XXXII of 1986) shall be made in the Form A appended hereto.

Rule - 4.Procedure to be followed by Collector on receipt of application under Section 41 (2).

(1)     The Collector on receipt of the said application:

(a)      shall acknowledge the receipt of the application within seven days;

(b)      may return the application if it is not made by the holder or as the case may be, by any other person referred to in subsection (1) of Section 41 of the Code, or if the application is not made in accordance with the form prescribed;

(c)      may, after due enquiry, either grant the permission on such terms and conditions as laid down in Rule 5 or refuse the permission applied for, after recording in writing the reasons for refusal.

(2)     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 application if the application is not acknowledged, or where an application has been duly returned for the purpose mentioned in clause (b), then within ninety days from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted subject to the conditions provided in Rule 5.

Rule - 5.Conditions on which permission under Section 41 (2) may be granted.

The Collector after consulting the Planning Authority and such other authority, as the State Government may, from time to time direct, shall grant permission for erection of any farm building or carrying out any work of renewal of, reconstruction of, alteration in, or additions to, any farm building subject to the provisions of any law for the time being in force and to the following other conditions, namely:

(a)      the grant of permission shall be subject to the provisions of subsections (3) and (4) of Section 41 of the Code and Rules made thereunder;

(b)      the farm building shall not be used for purposes other than those provided in subsection (9) of Section 2 of the Code;

(c)      the applicant shall commence the construction within six months from the date of grant of permission by the Collector in that behalf, failing which, unless the said period is extended by the Collector, from time to time, the permission granted shall be deemed to have been lapsed;

(d)      the applicant shall continue to pay the agricultural assessment;

(e)      any other reasonable conditions which the Collector may deem fit to impose regard being had to sanctioned use of land on which farm building is proposed to be erected or any work of renewal, reconstruction, alterations or additions to the farm building is proposed to be carried out.

Rule - 6.Application of the Maharashtra Land Revenue (Conversion of use of land and NonAgricultural Assessment) Rules, 1969.

In the cases falling under subsection (6) of Section 41 of the Code, the provision of the Maharashtra Land Revenue (Conversion of Use of Land and NonAgricultural Assessment) Rules, 1969, shall apply and they shall be dealt with in accordance with the provisions made therein.

Rule - 7.Maintenance of record of permission granted under Section 41 (2) of the Code.

Record of permissions granted under subsection (2) of Section 41 of the Code shall be maintained in Form B appended hereto, at village, Tahsil and District levels in which the land in respect of which permission is granted is situated.