G.R. Dt. 15th March, 2024 – Department of Urban Development – Sub- Amnesty Scheme for ULC Lands within the areas of MIDC
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Regarding Transfer of Lands within the Operational Areas of the Maharashtra Industrial Development Corporation Exempted for Industrial Purposes under Section 20 of the ULCA
Government of Maharashtra
Department of Urban Development
Government Resolution No:- NaJaKa-2023/Pra.Kra.119/NaJaKaDha
New Administrative Building, 16th Floor,
Hutatma Raj Guru Chowk, Mantralaya, Mumbai-32
Dated 15th March, 2024
Vide:-
1] Government Resolution No:-NaJaKa-1096/[6486]/NaJaKaDha-1, Dt. 10.04.1997.
2] Government Resolution No:- NaJaKa-1007/Pra.Kra.222/NaJaKaDha-2, Dt. 23.11.2007.
3] Government Resolution No:-NaJaKa-2018/Pra.Kra.5/NaJaKaDha-2, Dt. 03.02.2018.
4] Government Resolution No:-NaJaKa-2018/Pra.Kra.51/Part-II/NaJaKaDha-1, Dt. 23.06.2021
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Preface:-
The Central Government has repealed the Urban Land (Ceiling and Regulation) Act, 1976 by the ULCA Repealing Act, 1999 and on 29.11.2007, the State Government has adopted the said Repealing Act. Under the Repealing Act, the Exemption Orders for various purposes under Section 20, the proceedings thereunder, as well as land acquisition proceedings initiated under Section 10(3) and 10(5) are protected.
The terms and conditions of the Orders under Section 20 of the ULCA provide for the levy of the amount of difference between the 100% price of the exempted area computed at the market rate and the amount of compensation for the acquisition of such lands computed under the ULC Act for the transfer of lands exempted for industrial purposes. Thereafter, under Government Resolution Dt. 10.04.1997, Dt. 23.11.2007 and Dt. 03.02.2018, the Government took Policy Decisions, from time to time, regarding levy of Transfer Fees under ULCA for the transfer of lands exempted for industrial purposes under Section 20 of ULCA. Lately, a Policy Decision has been taken under Government Resolution Dt. 23.06.2021, not to charge Transfer Fees for the lands exempted for industrial purposes under Section 20 within the operational areas of the Maharashtra Industrial Development Corporation, if such lands are transferred for the same purpose. However, as the amount of Transfer Fees to be charged under the ULCA prior to the issue of Government Resolution Dt. 23.06.2021 was not recovered from the concerned companies in conformity with the prevailing Government Policy, various Representations have been received at the Government Level requesting grant of exemption/amnesty on the amount of Transfer Fees and the interest thereon, in such instances.
Moreover, a Proposal has been received from the Department of Industries, Energy and Labour, requesting a decision in the matter of Transfer Fees and interest to be charged under the ULCA for the transfer of lands within the operational areas of the Maharashtra Industrial Development Corporation exempted for industrial purposes under Section 20 of the ULCA. In the anticipation of adverse impact of such matters on the industries and employment generation in the State, the Government with the sanction of Cabinet has resolved to extend Amnesty Scheme to the instant case against the backdrop of Government Resolution Dt. 23.06.2021.
Government Resolution:-
In the matter of Transfer Fees and the interest thereon, to be charged under the ULCA, for the transfer of lands exempted for industrial purposes under Section 20 of the ULCA within the operational areas of the Maharashtra Industrial Development Corporation, it has been resolved as hereunder:-
I. Where the lands within the operational areas of the Maharashtra industrial Development Corporation exempted for industrial purposes under Section 20 of the ULCA have been transferred for the same purpose prior to 23.06.2021, then in such cases the amount of Transfer Fees and the interest thereon should be charged under the ULCA Policy prevailing as on the date of transfer.
II. Where the lands within the operational areas of the Maharashtra Industrial Development Corporation exempted for industrial purposes under Section 20 of the ULCA, have been transferred more than once prior to 23.06.2021, but the amount of Transfer Fees for such transfer under the ULCA has not been recovered by the Corporation, then in such cases, the amount of Transfer Fees together with interest should be recovered only for the last transfer.
III. Save and except the cases in which the Hon’ble Courts have passed orders concerning the area of the Exempted vacant land set out in the Exemption Orders under Section 20 of the ULCA and in no other cases, the area of vacant land specified in the Exemption Orders shall be modified or re-measured, under any circumstances, whatsoever, in the wake of the Repealing Act.
IV. As specified hereinbefore, for those areas for which amount of Transfer Fees together with interest has been paid, the entry pertaining to other Rights viz. “Area under Industrial Exemption under Section 20 of the ULCA” shall be omitted. However, for the remaining areas, the entries under Section 20 of the ULCA shall remain intact.
V. If the aforesaid provision is availed of within 3 months of the date of issue of this Government Resolution, then the concerned plot holding company should be permitted to deposit 50% of the amount of Transfer Fees so computed with interest and 75% amount in the next 3 months.
VI. If in the transaction of transfer of lands within the operational areas of the Maharashtra Industrial Development Corporation exempted for industrial purposes under Section 20 of the ULCA, taking place prior to 23.06.2021 for the same purpose, the controlling stake of the original company is not reduced below 51% or less than that, then in such instances, it would not be necessary to charge Transfer Fees under the ULCA towards Merger/Demerger/Transfer. In transactions other than this, the amount of Transfer Fees under the ULCA, should be charged with interest.
VII. Of the Premium determined as above, 60% amount shall be credited to the Government, while the balance 40% amount shall be credited to MIDC. The amount to be credited to the Government shall be credited to the Account Head earmarked under Government Resolution Dt. 10.10.2019. For this purpose, the Chief Executive Officer of the Maharashtra Industrial Development Corporation is hereby authorised.
VIII. The amount of Transfer Fees and the interest thereon already received by the Government under the prevailing Government Policy under the ULCA, cannot be refunded and such request should not be entertained under any circumstances, whatsoever.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202403111608304225. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
VIJAY KARBHARI CHAUDHARI – Digital Signature
[Vijay Chaudhari]
Deputy Secretary, Government of Maharashtra
Copy:-
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai,
2] The Additional Chief Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mantralaya, Mumbai,
3] The Private Secretary to the Hon’ble Deputy Chief Minister (Finance), Office of Deputy Chief Minister (Finance), Mantralaya, Mumbai,
4] The Secretary to the Hon’ble Deputy Chief Minister (Home), Office of Deputy Chief Minister (Home), Mantralaya, Mumbai,
5] Hon’ble Speaker/Deputy Speaker, Legislative Assembly, Vidhan Bhawan, Mumbai,
6] Hon’ble Chairperson/Vice-Chairperson, Legislative Council, Vidhan Bhawan, Mumbai,
7] Private Secretaries to all Hon’ble Ministers/Ministers of State,
8] Hon’ble Leader of Opposition in the Legislative Assembly/Legislative Council, Vidhan Bhawan, Mumbai,
9] The Hon’ble Chief Secretary, Mantralaya, Mumbai,
10] The Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,
11] The Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai,
12] The Principal Secretary, Department of Industries, Mantralaya, Mumbai,
13] The Additional Chief Secretary, Department of Finance, Mantralaya, Mumbai,
14] Additional Chief Secretaries/Secretaries in all Mantralaya Departments, Mumbai,
15] The Divisional Commissioners, Konkan, Pune, Nashik, Nagpur,
16] The Chief Executive Officer, Maharashtra Industrial Development Corporation, Andheri, Mumbai,
17] District Collectors-cum-Competent Authorities, Greater Mumbai, Thane, Ulhas Nagar, Pune, Nagpur, Sangli, Solapur, Nashik, Kolhapur,
18] Municipal Commissioners, Greater Mumbai, Thane, Ulhas Nagar, Mira-Bhayander, Kalyan-Dombivali, Bhiwandi, Pune, Nagpur, Sangli-Miraj-Kupwad, Solapur, Nashik, Kolhapur,
19] All Joint Secretaries, Deputy Secretaries, Under Secretaries, Section Officers in the Department of Urban Development, Mantralaya, Mumbai,
20] Select File (ULCA), Department of Urban Development.
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[Text Translated by Adv. Prakash Manohar Chalke—
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