G.R. Dt. 1st August, 2019 – Department of Revenue and Forest – Sub- Policy for the Renewal of Lease on Government Lands in Rest of Maharashtra
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Policy for the Renewal of Lease on Government Lands in the Rest of Maharashtra (excluding Greater Mumbai, Matheran, Mahabaleshwar, D Tenure Type Lease in Raigad District, Agricultural Lands let out on Lease, Leases to Industrial Estates and Nazul Lands in Vidarbha) which have either expired or about to expire
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:-Jamin-03/2013/Pra.Kra.155/J-1
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated 1st August, 2019
Vide:-
[1] The Maharashtra Land Revenue Code, 1966.
[2] The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971.
[3] Government Resolution No:- Jamin-2505/Pra.Kra.405/J-2, Dt. 12.12.2012.
[4] Government Corrigendum No:- Jamin-2505/Pra.Kra.405/J-2, Dt. 17.01.2013.
[5] Government Resolution No:- Jamin-2505/Pra.Kra.405/J-2, Dt. 05.05.2018.
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Preface:-
Government lands are granted by lease for various purposes by taking into consideration the provisions of the Maharashtra Land Revenue Code, 1966, the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, as well as the Policy fixed by the Government, from time to time. Section 38 of the Maharashtra Land Revenue Code, 1966 provides for the grant of Government lands by lease. Moreover, Rule 35 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 provides for the Renewal of Lease Agreement for the Government lands granted by lease.
In case of Nazul lands in Nagpur and Amravati Divisions of Vidarbha, a Government Resolution, bearing No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 23.12.2015 came to be issued with the sanction of the Hon’ble Cabinet, vis-à-vis action to be taken for the Renewal of Lease on such lands. Moreover, the Revised Policy for the Renewal of expired leases on Government lands in Greater Mumbai (Mumbai City and Suburban District) came to be issued under the above referred Government Resolution Dt. 12.12.2012 and Government Corrigendum Dt. 17.01.2013. Similarly, Policy for the Renewal of “D” Tenure Type Leases in Raigad District has been fixed under Government Resolution No:- Jamin-2899/Pra.Kra.756/J-4, Dt. 22.07.2002, whereas the Policy for Renewal of Leases in Matheran/Mahabaleshwar has been fixed under Government Resolution No:- HST-1089/Pra.Kra.29/J-5, Dt. 25.05.1999 and the Policy in respect of Industrial Estates has been fixed under Government Resolution No:- Jamin-08/2009/Pra.Kra.102/J-1, Dt. 23.02.2010. Along these lines, it is imperative to fix Policy for the Renewal of Lease Agreements for Government lands granted on lease in the rest of Maharashtra.
Government Resolution:-
Against the aforesaid backdrop, following directions in the nature of Guidelines are hereby issued to the Field Revenue Authorities and Officers vis-à-vis steps to be taken for the renewal of expired leases on Government lands in the rest of Maharashtra.
(1) Scope of Policy:- This Policy shall apply to the Leases where tenure has expired prior to issue of this Government Resolution, but whose renewal is not yet carried out, as well as the Leases whose tenure will expire in future.
Moreover, in case of Lease on Government lands whose tenure has already expired prior to issuance of the order under this Policy, Deemed Renewal should be effected by charging and recovering Ground Rent at old rate up to date of resolution fixing this Policy. Moreover, the Lease should be renewed for a period of 30 years from the date of order directing renewal of the concerned land by following the mode specified in this Policy for the subsequent period following the date of Resolution fixing the Policy. While carrying out such renewal, the Rate of Ground Rent as per the formula given in Paragraph No.02 of this Government Resolution should be charged by taking into consideration the valuation as per the Rates specified in the Annual Statement of Rates. Moreover, during the 30 years lease period, the lease rates should be revised as per the formula given in the following Paragraph No. 02 on the basis of the prevailing Annual Statement of Rates, at the interval of every 5 years.
(2) Formula for the Fixation of Amount of Ground Rent for the Renewal of Lease:-
(a) While computing value of the Government land held on lease the Annual Statement of Rates published by the Department of Stamp Duty every year should be adopted. Total value of the concerned land should be computed at the rate applicable to the concerned property for the open land as per the prevailing Annual Statement of Rates. Once total value of the land, is so fixed, Annual Ground Rent should be charged and recovered while effecting renewal of the lease on 25% Amount of such value for residential, industrial, commercial, as well as composite purpose of residential and commercial user at 2%, 4%, 5% and 5% Rates, respectively.
(b) while carrying out renewal of a plot of Government land admeasuring 500 Sq. Mt. or less, which has been granted by the Government for personal residential use and till today the same is being used for the same purpose, value of the concerned Government land should be fixed as per the prevailing Annual Statement of Rates and once such price is fixed Annual Ground Rent should be charged and recovered at the Rate of 1% for residential purpose on 25 percent of such price.
(c) If building of a Co-operative Housing Society stands on a Government land granted by Government on leasehold basis and the said land has been conveyed to the concerned Co-operative Housing Society, then Annual Ground Rent at the rate of 1% should be charged and recovered from such Co-operative Housing Society, upon renewal, on 25 percent of the price amount of the concerned Government land under the prevailing Annual Statement of Rates for residential purpose.
(d) For the renewal of a Government land granted for social, cultural, religious purposes or for orphanages, charitable inns or such other charitable purposes, Annual Ground Rent should be charged and recovered at one fourth rate of the Ground Rent charged for residential purpose i.e. 0.5 percent of 25% price worked out under the prevailing Annual Statement of Rates (This shall not include the lease granted for educational and medical purposes).
However, once the price of a Government land granted on lease for educational and medical purpose is fixed as per the prevailing Annual Statement of Rates, Annual Ground Rent should be charged and recovered upon renewal thereof, at 2% Rate on such 25% Price Amount ( in other words, at the rate of Ground Rent charged for residential purpose).
(e) Notwithstanding the purpose, where in an exceptional case, the Revised Annual Ground Rent worked out as per the formula given in above Paragraph No. 02 is less than the Annual Ground Rent currentlybeing paid, a 25% hike should be made to the Annual Ground Rent currently paid and 25% hike should be thereto at the interval of every five years, thereafter.
(3) Jurisdiction and Procedure for the Renewal of Lease on Government Lands:-
(a) District Collectors shall be competent to carry out renewal of lease on Government lands. While carrying out renewal of a lease it should be ascertained that no breach of conditions vis-à-vis the Terms and Conditions contained in the original Lease Agreement are occasioned. In case of a breach of conditions, it would not be mandatory to carry out renewal of a lease and District Collectors shall also have the powers to refuse such renewal by taking into consideration the Application requesting such renewal. The final decision to carry out renewal of a lease by regularising the breach of conditions ought to be taken at the level of the concerned District Collector.
However, in case of Bodies, which in the inception have been granted Government lands for charitable purpose, by charging a Nominal Annual Rate of Re.1/- or such other concessional rate of Ground Rent, the powers to carry out renewal of the expired leases of such Bodies by charging Nominal Annual Rate of Re. 1/- or such other concessional rate of Ground Rent, shall vest in the Government.
(b) Where apart from change of user and transfer related terms contained in the Lease Agreement, some other Terms and Conditions are also contravened, a lump-sum fine equal to 1% of the Market Value prevailing as on the date of order should be charged while carrying out regularisation of such breach of conditions. Where Terms and Conditions, vis-à-vis change of user and transfer, set out in the Lease Agreement are contravened, the prevailing Government Policy pertaining to such matters will be applicable.
(c) Where the Lease Holders have not tendered the option for Renewal of Lease within the prescribed period prior to expiration of the tenure of Lease on the Government land, the decision to continue the Lease by charging a lump-sum fine equal to 0.1% of the value worked out as per the prevailing Annual Statement of Rates should be taken at the level of the District Collector.
(d) Before carrying out renewal of a lease, it would be necessary to ascertain that the concerned Lease Holder is not in arrears on account of the predecessor Lease or does not owe any other Government dues.
(e) District Collector of the concerned District should give an intimation in writing to each Lease Holder vis-à-vis levy of the Revised Ground Rent for the purpose of Renewal of the Lease as per the aforementioned method in the light of the principles enumerated hereinabove and if the Lease Holder requests for a hearing he should be given an opportunity of hearing and the decision regarding Renewal of the lease should be taken after hearing the Lease Holder.
(ee) While carrying out Renewal of a lease on Government land, the provisions of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, as well as the stipulations set out in the original Lease Agreement should be taken into consideration by the District Collector and the Lease Renewal Lease Deed should be executed on the usual Terms and Conditions.
(u) This Policy shall not be applicable to the temporary leases on Government lands. Moreover, this Policy shall also not be applicable in case of Renewal of a lease for which specific provisions have been made in the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 vis-à-vis renewal of such lease.
02. This Government Resolution has been issued with the concurrence of the Department of Finance, vide its Informal Reference No.03/2019/Vyaya-9, Dt.01/01/2019 and pursuant to the sanction accorded by the Cabinet in its Meeting Dt. 23/07/2019.
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 201908011301208819. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
RAMESH SHIVAJI CHAVAN – Digital Signature
[Ramesh Chavan]
Deputy Secretary to the Government
Copy:-
[1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, Mumbai,
[2] The Additional Chief Secretary to the Hon’ble Chief Minister, Chief minister’s Secretariat, Mantralaya, Mumbai-32,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai-32,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai-32,
[5] The Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32,
[6] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai-32,
[7] The Additional Chief Secretary (Revenue), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[8] The Principal Secretary, Legislature Secretariat, Vidhan Bhwan, Mumbai,
[9] The Accountant General (Audit)(Accounts & Entitlement), Maharashtra State, Mumbai/Nagpur,
[10] The Settlement Commissioner and Director of Land Records, Maharashtra State, Pune,
[11] All Divisional Commissioners,
[12] All District Collectors/Additional Collectors,
[13] The Directorate of Information and Public Relations, Mantralaya, Mumbai-32,
[14] Joint Secretaries/Deputy Secretaries (All), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[15] All Administrative Departments in Mantralaya,
[16] All Under Secretaries/Section Officers in “J” Group, Department of Revenue and Forest, Mumbai,
[17] Select File (Desk-J-1).
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[Text Translated by Adv. Prakash Manohar Chalke
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