Govt. Circular Dt. 14th March, 2018 – Department of Revenue and Forests – Sub- Deemed Conversion of Lands situated within 200 Metres of the Village or City Limits for Non-Agricultural Use in Maharashtra
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Guidelines regarding action to be taken under the provisions of the Maharashtra Land Revenue Code, 1966 for streamlining the Process of Non-Agricultural Use for the public in areas within 200 Metres from the limits of a Village, Town or City
Government of Maharashtra
Department of Revenue and Forest
Government Circular No:- NAP-2017/Pra.Kra.142/T-1,
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032
Dt. 14th March, 2018
Vide:-
1] Maharashtra Act No. 12 of 2018 (Government Gazette, Dt. 17th January, 2018).
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Government Circular:-
The newly added Section 42D of the Maharashtra Land Revenue Code, 1966, amended by the Maharashtra Act No. 12/2008, containing the following provisions vis-à-vis Non-Agricultural conversion of lands situated within the 200 Metre peripheral area from the declared limits of any Gaothan under Section 122, as set out hereunder:-
“(1) Any land situated in an area (hereinafter referred to as “peripheral area”) within 200 Metres from the limits of—
(i) the site of any village, or
(ii) town or city, where such land adjacent to the limits of such town or city is allocated to a developable zone in the draft or final Regional Plan—
shall be deemed to have been converted to non-agricultural use for residential purpose or the purpose admissible as per Draft or Final Regional Plan, subject to the provisions of the Development Control Regulations applicable to such area.”
2. For streamlining the implementation of the provisions of the aforesaid Section 42D and making it more effective, the following directions are hereby issued in the exercise of the powers conferred upon the Government under Section 13(7) of the Maharashtra Land Revenue Code, 1966, as set out hereunder:-
I.(i) For the Deemed Non-Agricultural conversion of the lands situated within such Peripheral Area, the concerned District Collectors should collect the information on points specified hereunder, concerning such lands, either suo motu, or on the Appointments made by the concerned persons, and make arrangements to give intimation, thereof, to the concerned Occupant, without any delay. (a) who is the occupant of the concerned land as per the Record of Rights,
(b) what is the type of holding right of the concerned land.
(c) the quantum of Conversion Tax, Non-Agricultural Assessment, and if the land is of Class-2 Holding Rights Tenure, then the Nazrana or Premium and other Government dues payable to the Government under Section 47A of the Maharashtra Land Revenue Code, 1966 for the conversion of such land.
(d) the Account Head under which the concerned person must pay the Amounts payable to the Government.
(ii) Once the information as stated above is received from the Government, then Occupant of the concerned land or the person duly authorised by him should proceed to pay the amounts payable to the Government on account of such lands under the prescribed Account Head.
(iii) Once the concerned person credits the amounts payable to the Government on account of Deemed Non-Agricultural conversion of land under Section 42D of Maharashtra Land Revenue Code, 1966 under the prescribed Account Head, the said land shall be deemed to have been converted into Non-Agricultural use under the provisions of Section 42D of the Maharashtra Land Revenue Code, 1966.
(iv) District Collectors should make arrangements to forward a copy of the Challan evidencing payment of the amounts payable to the Government under the prescribed Account Head to the Talathi of the concerned village. On the basis of copy of such Challan, the Talathi should take steps to record Mutation in the Record of Rights for such Non-Agricultural conversion within 7 days and also proceed to certify such Mutation Entry, without any delay.
II. Upon Non-Agricultural conversion of land, as described above, the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Land Holdings Act, 1947, vis-à-vis prevention of fragmentation would not apply to such land.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201803141022209719. This Government Circular has been attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
Madhav Veer – Digital Signature
[Dr. Madhav Veer]
Deputy Secretary to the Government
Copy:-
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
2] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai,
4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai-32,
5] Private Secretaries to all Ministers/Ministers of State, Mantralaya, Mumbai-32,
6] The Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32,
7] A.C.S/P.S/Secretaries in all Mantralaya Departments, Mantralaya, Mumbai-32,
8] Guardian Secretaries of all Districts,
9] All Divisional Commissioners,
10] The Settlement Commissioner-cum-Director of Land Records, Pune,
11] All District Collectors,
12] The Special Duty Officer to the Principal Secretary (Revenue), Department of Revenue and Forest, Mumbai-32,
13] All Joint Secretaries/Deputy Secretaries in the Department of Revenue and Forest, Mantralaya, Mumbai-32,
14] The Accountant General (Audit/Accounts & Entitlement), Maharashtra-1/2, Mumbai/Nagpur,
15] The Pay and Accounts Officer, Mumbai,
16] The Resident Accounts Officer, Mumbai,
17] Desk-T-1, Select File.
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[Text Translated and Verified by Adv. Prakash Manohar Chalke
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