Revision to Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act (a near study)

Segment 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short "MTAL" or "the Act") banned exchange of Agricultural terrains to Non-Agriculturist without the authorization of the Collector or Officer approved by the State Government. 

By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section 63 of the MTAL Act was corrected to incorporate a sub segment and stipulation. By the said correction the bar for exchange of Agricultural area might not have any significant bearing to arrive arranged inside the cutoff points of a Municipal Corporation or Municipal Council or inside ward of Special Planning Authority or New Town Development Authority constituted under Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP") and area assigned to private, business, modern or whatever other Non-Agricultural use in the draft of last Regional Plan or Town Planning Scheme. 

By this revision, the bar contained for exchange of farming grounds was evacuated in the above cases. 

In spite of the fact that the bar for exchange of farming grounds came to be evacuated in the above cases, stipulation's are included putting conditions such exchanges. The primary stipulation gives that the area so exchanged for Non-Agricultural utilize, for example, private, business and modern might be put to such Non-Agricultural use inside a time of five years from the date of exchange and vital section to that impact should be made in the Record of Rights. 

The second stipulation gives that land exchanged to any Non-Agricultural use admissible in the draft or last Development Plan or Regional Plan or Town Planning Scheme, if not put to Non-Agricultural use inside the time of five years from the date of exchange, the Collector on installment of non-usage charges @ of 2% of the business sector esteem computed according to the Ready Reckoner [Annual Statement of Rates distributed under the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995] award a further augmentation of five years. 

The third stipulation gives that if the area is not to Non-Agricultural use according to the first and the second stipulation, the Collector should continue the area subsequent to giving one month notification to defaulting transferee. The area so continued might vest with the Government free from all encumbrances and should first be offered to the first land holder by method for gift on the same residency on which it was held by him before its exchange and at the same cost at which it had been exchanged by the first land proprietor. 

The fourth stipulation gives that if the first land proprietor neglects to acknowledge the offer to buy the said land inside the time of ninety days or having acknowledged the offer neglects to store the price tag inside a further time of ninety days, the Collector might sell the area. 

This stipulation likewise gives that the defaulting transferee should on the off chance that the first holder buys the area or the area is sold in closeout, the defaulting transferee might be qualified for remuneration equivalent to the cost at which he had obtained the area. 

The fifth stipulation gives that if the transferee neglects to use the said arrive completely or incompletely for Non-Agricultural use reasonable in the draft or last Development Plan or Regional Plan or Town Planning Scheme and needs to deal the same before the expiry of ten years, he can do likewise, with the consent of the Collector, for the remaining time of ten years, on installment of store exchange charges @ 25% of the business sector estimation of such land according to Ready Reckoner. 

Area 63-1A given to exchange of Agricultural area to Non-Agriculturist for bonafide mechanical use and for uncommon township ventures, despite the bar u/s 63 of the Act. Area 63-1A was initially embedded by Maharashtra Act No. 28 of 1994 w.e.f. 03/02/1994. It at first gave that the terrains to be put to mechanical use inside a time of five years from the date of procurement. Later by Maharashtra Act No.25 of 2005, w.e.f. 17/05/2004, this period was stretched out to fifteen years. The said alteration additionally gave that if on the date of the correction, the area was not put to bonafide modern utilize, the same could be put to such use inside the remaining time of fifteen years from the date of procurement. 

Area 63-1A is presently further revised by Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016. By the said alteration 'Exceptional Township Project' is substituted by 'Coordinated Township Project'. The accompanying table would give a relative investigation of the procurements of Section 63-1A as it remained before 01/01/2016 and after the changing Act MAH 1 of 2016. 

Provision Before MAH 1 of 2016     After MAH 1 of 2016
63-1A(1)(i)  The mechanical zone of a draft or last local arrangement or draft between time or last advancement plan or draft or last town arranging plan, as the case might be set up under the Maharashtra Regional and Town Planning Act, 1966 or whatever other law for the present in power, or the farming zone of any of such plans or conspires and the improvement control directions or principles surrounded under such Act or any of such laws license modern utilization of area; or

The agrarian zone of a draft or last Regional Plan or draft or last Town Planning Scheme, by and large, arranged under the Maharashtra Regional and Town Planning Act, 1966 or whatever other law until further notice in power, and plans or plots and the advancement control directions or guidelines encircled under such Act or any of such laws for the present in power license modern utilization of area; or

Given that, where such buy of area is for genuine modern use, it should be liable to the condition that such land might be put to true blue mechanical use inside a time of five years from the date of procurement.

Given further that, after the expiry of the aforementioned time of five years, an expansion of time not surpassing further five years might be conceded by the Collector on installment of non-use charges at the rate of two percent of the business sector estimation of such land per annum, where such market worth is ascertained according to the Annual Statement of Rates distributed under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, as appropriate on the date of award of such augmentation of time:

 

First & Second proviso to Sub Section 1

Given that, where the aggregate degree of such land proposed to be acquired by a man surpasses ten hectares, he should get earlier consent of the Development Commissioner (Industries) or whatever other officer approved by the State Government for this sake, who, while conceding such authorization might consider the defense or sensibility of the necessity of the area proposed to be bought with reference to the way of the proposed real mechanical utilization of such land. 

Given further that, such buy of area might be liable to the condition that it should be put to mechanical use inside the predetermined aggregate time of [fifteen] years from the date of procurement, coming up short which the individual from whom the area was obtained might have the privilege to repurchase such land at the cost for which it was initially sold by him.

Given additionally that, if the buyer neglects to put the area to genuine mechanical use inside a time of five years or, where non-use charges as previously stated have been paid, inside an aggregate time of ten years, then the Collector should resume such land subsequent to giving one month's notification to the said defaulting buyer, and the area so continued by the Collector might vest in the Government, free from all encumbrances, and should first be offered to the first land holder by method for gift, on the same residency on which it was at first held by such land holder before its deal for such true blue modern use and at the same cost at which it had been sold by the first land holder for such true blue mechanical use: 

Given likewise that, if the first land holder neglects to acknowledge the offer to buy the said land inside a time of ninety days from the date of receipt of such offer from the Collector or having acknowledged such offer, neglects to store with the Collector the required sum inside a further time of ninety days, such land should be unloaded for any utilization steady with and reasonable under the Development arrangement or Regional arrangement or Town Planning Scheme, all things considered, assuming any, endorsed under the Maharashtra Regional and Town Planning Act, 1966 or whatever other law for the present in power; and in both the cases, the defaulting buyer might just be qualified for remuneration equivalent to the cost at which such land had been bought by him, and the Collector should transmit such pay to the defaulting buyer inside a time of ninety days from the date of receipt of installment under the said closeout:

Area 63-1A (2) gave that, if the area bought is held by Occupant Class-II, the buyer might in lieu of any Nazrana or different charges which might be payable, pay a sum equivalent to 2% of price tag if there should arise an occurrence of area obtained for true blue mechanical use and half of the price tag if area is acquired for Integrated Township Project inside one month of execution of the Sale Deed. By MAH 1 of 2016 a stipulation is included that if the buyer neglects to pay such sum inside one month then he should pay a sum equivalent to 75% of the price tag or the business sector esteem according to Ready Reckoner, whichever is higher. 

Sub Section 5 is included which gives on the off chance that when area is bought for real mechanical utilize and is not used completely or incompletely for such genuine modern use inside the aggregate indicated time of ten years, the said area might be sold with the consent of the Collector subject to the condition that: 

a) Where the said area is to be sold for true blue modern utilize, the transferor might store exchange charges @ 25% of the business sector estimation of the said land according to Ready Reckoner; 

b) Where the said area is to be sold for some other Non-


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