The Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold Lands into Occupancy Class-I Lands) Rules, 2019
REVENUE AND FOREST DEPARTMENT
Madam Cama Marg, Hutatma Rajguru Chowk
Mantralaya, Mumbai 400 032, dated the 8th March 2019
NOTIFICATION
MAHARASHTRA LAND REVENUE CODE, 1966.
No. Jamin. 2018/C.R.90/J-1.— 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 :—
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The Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold lands into Occupancy Class-I lands) Rules, 2019
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 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 | 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.
Rule 4.
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.
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By order and in the name of the Governor of Maharashtra,
PRAKASH INDALKAR,
Under Secretary to Government
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