¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉèRNI

¹É 11, No.
¶ÉEäò MAHENG/2009/35528
1937 1

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 2, +ÆEò 1 ] ¶ÉÖGò´ÉÉ®úú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 [ {ÉÞ¹`äö 13, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 1
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉɪÉ
ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Maharashtra Tenancy and Agricultural Lands, Hyderabad Tenancy
and Agricultural Lands and Maharashtra Tenancy and Agricultural Lands (Vidarbha Region)
(Amendment) Act, 2015 (Mah. Act No. I of 2016), is hereby published under the authority of the
Governor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,
I/c. Secrtary (Legislation) to Government,
Law and Judiciary Department.

MAHARASHTRA ACT NO. I OF 2016.

(First published, after having received the assent of the Governor in
the “ Maharashtra Government Gazette ”, On the 1st January 2016).
An Act, further to amend the Maharashtra Tenancy and Agricultural
Lands Act, the Hyderabad Tenancy and Agricultural Lands Act, 1950
and the Maharashtra Tenancy and Agricultural Lands (Vidarbha
Region) Act.
LXVII WHEREAS it is expedient further to amend the Maharashtra Tenancy
of 1948. and Agricultural Lands Act, the Hyderabad Tenancy and Agricultural
Hyd. Lands Act, 1950 and the Maharashtra Tenancy and Agricultural Lands
XXI of (Vidarbha Region) Act, for the purposes hereinafter appearing ; it is
1950. hereby enacted in the Sixty-sixth Year of the Republic of India as
XCIX of follows:––
1958.
CHAPTER I
PRELIMINARY
1. This Act may be called the Maharashtra Tenancy and Agricultural Short title.
Lands, Hyderabad Tenancy and Agricultural Lands and Maharashtra
Tenancy and Agricultural Lands (Vidarbha Region) (Amendment)
Act, 2015.
(1)
¦ÉÉMÉ +É`ö---1---1
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
CHAPTER II
AMENDMENTS TO THE MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT.
Amendment of 2. In section 63 of the Maharashtra Tenancy and Agricultural Lands LXVII of
section 63 of Act (hereinafter referred to as “the Maharashtra Tenancy Act”), after 1948.
LXVII of 1948. sub-section (1B), the following sub-section shall be inserted, namely :––

“(1C) Nothing in sub-section (1) shall apply to the land situated

within the limits of a Municipal Corporation or a Municipal Council,
or within the jurisdiction of a Special Planning Authority or a New
Town Development Authority appointed or constituted under the
provisions of the Maharashtra Regional and Town Planning Act, Mah.
1966 or any other law for the time being in force, and also to any XXXVII
land allocated to residential, commercial, industrial or any other of 1966.
non-agricultural use in the draft or final Regional plan or Town
Planning Scheme, as the case may be, prepared under the
Maharashtra Regional and Town Planning Act, 1966 or any other Mah.
law for the time being in force : XXXVII
of 1966.
Provided that, any transfer of land in favour of a person who is
not an agriculturist for any non-agricultural use such as residential,
commercial, industrial or any other non-agricultural use, shall be
subject to the condition that such land shall be put to such non-
agricultural use within a period of five years from the date of
transfer, and due entry of such condition shall be made in the
Record of Rights of such land :
Provided further that, in respect of land transferred for any
non-agricultural use permissible in the draft or final Development
plan or Regional plan or Town Planning Scheme, as the case may be,
after the expiry of the aforesaid period of five years, an extension
of time not exceeding further five years may be granted by the
Collector on payment of non-utilization charges at the rate of two
per cent. of the market value of such land per annum, where such
market value shall be calculated as per the Annual Statement of
Rates published under the Bombay Stamp (Determination of True
Market Value of Property) Rules, 1995, as applicable on the date of
grant of such extension of time :
Provided also that, if the transferee, including subsequent
transferee, if any, fails to put the land to non-agricultural use
permissible in the draft or final Development plan or Regional plan
or Town Planning Scheme, as the case may be, within a period of five
years or, where non-utilization charges as aforesaid have been paid,
within the total period of ten years, then the Collector shall resume
such land after giving one month’s notice to the said defaulting
transferee, and the land so resumed by the Collector shall vest in the
Government free from all encumbrances, and shall first be offered to
the original land holder by way of grant, on the same tenure on which
it was initially held by such original land holder before its transfer
for such non-agricultural use and at the same price at which it had
been transferred by the original land holder for such non-agricultural
use :
Provided also that, if the original land holder fails to accept the
offer to purchase the said land within a period of ninety days from
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 3
the date of receipt of such offer from the Collector or having accepted
such offer, fails to deposit with the Collector the required amount
within a further period of ninety days, such land shall be auctioned for
any use consistent with and permissible under the draft or final
Development plan or Regional plan or Town Planning Scheme, as the
case may be; and in both the cases, the defaulting transferee shall only
be entitled to compensation equal to the price at which such land had
been purchased by him and the Collector shall remit such compensation
to the defaulting transferee within a period of ninety days from the
date of receipt of payment under the said auction :
Provided also that, if a person who is not an agriculturist fails to
utilize the said land for the non-agricultural use permissible in the
draft or final Development plan or Regional plan or Town Planning
Scheme, as the case may be, fully or partly, and wants to sell the same
subsequently before the expiry of the total specified period of ten
years, he may, subject to the payment of non-utilization charges
specified in the second proviso, be permitted by the Collector to do so
for any non-agricultural use permissible in the draft or final
Development plan or Regional plan or Town Planning Scheme, as the
case may be, for the remaining period out of the specified period of
ten years, from the date of first transfer of the said land for such non-
agricultural use, subject to the condition that the transferee shall
have to deposit transfer charges at the rate of twenty-five per cent. of
the market value of such land as per current Annual Statement of
Rates.”.
3. In section 63-1A of the Maharashtra Tenancy Act,–– Amendment of
section 63-1A of
(I) in sub-section (1),–– LXVII of 1948.

(a) in the principal clause, for the words “or for special
township projects, as the case may be,” the words “or for Integrated
Township Projects, as the case may be,” shall be substituted ;
(b) for clause (i), the following clause shall be substituted,
namely:––
“(i) the agricultural zone of a draft or final Regional
Plan or draft or final Town Planning Scheme, as the case may
Mah. be, prepared under the Maharashtra Regional and Town
XXXVII Planning Act, 1966 or any other law for the time being in
of 1966.
force, and plans or schemes and the development control
regulations or rules framed under such Act or any of such
laws for the time being in force permit industrial use of land;
or ”;
(c) in clause (iii), for the words “of a special township
project” the words “of an Integrated Township Project” shall be
substituted;
(d) for the first and second provisos, the following provisos
shall be substituted, namely:––
“Provided that, where such purchase of land is for bona
fide industrial use, it shall be subject to the condition that
such land shall be put to bona fide industrial use within a
period of five years from the date of purchase:
4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
Provided further that, after the expiry of the aforesaid
period of five years, an extension of time not exceeding
further five years may be granted by the Collector on
payment of non-utilization charges at the rate of two per
cent. of the market value of such land per annum, where
such market value is calculated as per the Annual Statement
of Rates published under the Bombay Stamp (Determination
of True Market Value of Property) Rules, 1995, as applicable
on the date of grant of such extension of time :
Provided also that, if the purchaser fails to put the
land to bona fide industrial use within a period of five
years or, where non-utilization charges as aforesaid have
been paid, within a total period of ten years, then the
Collector shall resume such land after giving one month’s
notice to the said defaulting purchaser, and the land so
resumed by the Collector shall vest in the Government,
free from all encumbrances, and shall first be offered to the
original land holder by way of grant, on the same tenure on
which it was initially held by such land holder before its
sale for such bona fide industrial use and at the same price
at which it had been sold by the original land holder for
such bona fide industrial use :
Provided also that, if the original land holder fails to
accept the offer to purchase the said land within a period
of ninety days from the date of receipt of such offer from
the Collector or having accepted such offer, fails to deposit
with the Collector the required amount within a further
period of ninety days, such land shall be auctioned for any
use consistent with and permissible under the Development
plan or Regional plan or Town Planning Scheme, as the
case may be, if any, sanctioned under the Maharashtra Mah.
Regional and Town Planning Act, 1966 or any other law for XXXVII
the time being in force ; and in both the cases, the defaulting of 1966.
purchaser shall only be entitled to compensation equal to
the price at which such land had been purchased by him,
and the Collector shall remit such compensation to the
defaulting purchaser within a period of ninety days from
the date of receipt of payment under the said auction :”;
(II) in sub-section (2),––
(a) for the words “for special township project” the words
“for Integrated Township Project” shall be substituted ;
(b) the following proviso shall be added, namely :––
“Provided that, if such purchaser fails to deposit such
amount within one month, then such purchaser shall pay
to the Government an amount equal to seventy-five per
cent. of the purchase price or the market value of the land
as per the Annual Statement of Rates of that year,
whichever is higher.”;
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 5
(III) in sub-section (3), for the words “or for special township
project, as the case may be,” the words “or for Integrated Township
Project, or as the case may be, shall” shall be substituted ;
(IV) after sub-section (4), the following sub-section shall be added,
namely :––
“(5) If the person purchasing the land under sub-section (1)
for conversion thereof for a bona fide industrial use, fails to
utilize the said land for bona fide industrial use, fully or partly,
and wants to sell the same before the expiry of the total specified
period of ten years, he may, subject to the payment of non-
utilization charges specified in the second proviso to sub-section
(1), be permitted by the Collector to do so for the remaining
period out of the specified period of ten years from the date of
original purchase, subject to the following conditions, namely :––
(i) where the said land is to be sold for bona fide
industrial use, the transferor shall have to deposit with the
Collector the transfer charges at the rate of twenty-five per
cent. of the market value of such land as per the current
Annual Statement of Rates ;
(ii) where the said land is to be sold for any non-
agricultural purpose other than the bona fide industrial use,
which is consistent with the draft or final Development plan
or Regional plan or Town Planning Scheme, if any, made
Mah. under the Maharashtra Regional and Town Planning Act,
XXXVII 1966 or any other law for the time being in force, the
of 1966. transferor shall have to deposit with the Collector conversion
charges equal to fifty per cent. of the market value of such
land as per the current Annual Statement of Rates and in
case of Occupant Class-II land, an additional amount equal to
forty-eight per cent. of the price at which such land was
originally purchased, in lieu of the nazarana.”;
(V) in the Explanation,––
(i) in clause (a), for the words “power projects and ancillary
industrial usage like research and development, godown, canteen,
office building of the industry concerned” the words “ power
projects and ancillary industrial usage like research and
development units pertaining to bona fide industrial use, godown,
canteen, office building of the industry concerned” shall be
substituted ;
(ii) for clause (aa), the following clause shall be substituted,
namely :––
“(aa) ‘‘ Integrated Township Project” means the
Integrated Township Project or projects under the Regulations
framed for development of Integrated Township by the
Mah. Government under the provisions of the Maharashtra Regional
XXXVII and Town Planning Act, 1966 or any other law for the time
of 1966.
being in force.”.
¦ÉÉMÉ +É`ö---1---2
6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
CHAPTER III
AMENDMENTS TO THE HYDERABAD TENANCY AND AGRICULTURAL LANDS
ACT, 1950.
Amendment 4. In section 47 of the Hyderabad Tenancy and Agricultural Lands Hyd. XXI
of section 47 Act, 1950 (hereinafter referred to as “the Hyderabad Tenancy Act”), after of 1950.
of Hyd. XXI
of 1950.
sub-section (3), the following sub-section shall be inserted, namely :––
“(3A) Nothing in sub-section (1) shall apply to the land situated
within the limits of a Municipal Corporation or a Municipal Council,
or within the jurisdiction of a Special Planning Authority or a New
Town Development Authority appointed or constituted under the
provisions of the Maharashtra Regional and Town Planning Act, Mah.
1966 or any other law for the time being in force, and also to any XXXVII
land allocated to residential, commercial, industrial or any other of 1966.
non-agricultural use in the draft or final Regional plan or Town
Planning Scheme, as the case may be, prepared under the
Maharashtra Regional and Town Planning Act, 1966 or any other Mah.
law for the time being in force : XXXVII
of 1966.
Provided that, any transfer of land in favour of a person who is
not an agriculturist for any non-agricultural use such as residential,
commercial, industrial or any other non-agricultural use, shall be
subject to the condition that such land shall be put to such non-
agricultural use within a period of five years from the date of
transfer, and due entry of such condition shall be made in the
Record of Rights of such land :
Provided further that, in respect of land transferred for any
non-agricultural use permissible in the draft or final Development
plan or Regional plan or Town Planning Scheme, as the case may be,
after the expiry of the aforesaid period of five years, an extension
of time not exceeding further five years may be granted by the
Collector on payment of non-utilization charges at the rate of two
per cent. of the market value of such land per annum, where such
market value shall be calculated as per the Annual Statement of
Rates published under the Bombay Stamp (Determination of True
Market Value of Property) Rules, 1995, as applicable on the date of
grant of such extension of time :
Provided also that, if the transferee, including subsequent
transferee, if any, fails to put the land to non-agricultural use
permissible in the draft or final Development plan or Regional plan
or Town Planning Scheme, as the case may be, within a period of
five years or, where non-utilization charges as aforesaid have been
paid, within the total period of ten years, then the Collector shall
resume such land after giving one month’s notice to the said
defaulting transferee, and the land so resumed by the Collector
shall vest in the Government free from all encumbrances, and shall
first be offered to the original land holder by way of grant, on the
same tenure on which it was initially held by such original land
holder before its transfer for such non-agricultural use and at the
same price at which it had been transferred by the original land
holder for such non-agricultural use :
Provided also that, if the original land holder fails to accept the
offer to purchase the said land within a period of ninety days from
the date of receipt of such offer from the Collector or having
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 7
accepted such offer, fails to deposit with the Collector the required
amount within a further period of ninety days, such land shall be
auctioned for any use consistent with and permissible under the draft
or final Development plan or Regional plan or Town Planning Scheme,
as the case may be; and in both the cases, the defaulting transferee
shall only be entitled to compensation equal to the price at which such
land had been purchased by him and the Collector shall remit such
compensation to the defaulting transferee within a period of ninety
days from the date of receipt of payment under the said auction :
Provided also that, if a person who is not an agriculturist fails to
utilize the said land for the non-agricultural use permissible in the
draft or final Development plan or Regional plan or Town Planning
Scheme, as the case may be, fully or partly, and wants to sell the same
subsequently, before the expiry of the total specified period of ten
years, he may, subject to the payment of non-utilization charges
specified in the second proviso, be permitted by the Collector to do so
for any non-agricultural use permissible in the draft or final
Development plan or Regional plan or Town Planning Scheme, as the
case may be, for the remaining period out of the specified period of
ten years, from the date of first transfer of the said land for such non-
agricultural use, subject to the condition that the transferee shall
have to deposit transfer charges at the rate of twenty-five per cent of
the market value of such land as per current Annual Statement of
Rates.”.
5. In section 47A of the Hyderabad Tenancy Act,–– Amendment of
section 47A of
(I) in sub-section (1),–– Hyd. XXI of
1950.
(a) in the principal clause, for the words “or for special
township project, as the case may be,” the words “or for Integrated
Township Project, as the case may be,” shall be substituted ;
(b) for clause (i), the following clause shall be substituted,
namely:––
“(i) the agricultural zone of a draft or final Regional Plan
or draft or final Town Planning Scheme, as the case may be,
Mah. prepared under the Maharashtra Regional and Town Planning
XXXVII Act, 1966 or any other law for the time being in force, and
of 1966.
plans or schemes and the development control regulations or
rules framed under such Act or any of such laws for the time
being in force permit industrial use of land; or”;
(c) in clause (iii), for the words “of a special township
project” the words “of an Integrated Township Project” shall be
substituted ;
(d) for the first and second provisos, the following provisos
shall be substituted, namely :––
“Provided that, where such purchase of land is for
bona fide industrial use, it shall be subject to the condition
that such land shall be put to bona fide industrial use within
a period of five years from the date of purchase :
¦ÉÉMÉ +É`ö---1---3
8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
Provided further that, after the expiry of the aforesaid
period of five years, an extension of time not exceeding
further five years may be granted by the Collector on
payment of non-utilization charges at the rate of two per
cent. of the market value of such land per annum, where
such market value is calculated as per the Annual Statement
of Rates published under the Bombay Stamp (Determination
of True Market Value of Property) Rules, 1995, as applicable
on the date of grant of such extension of time:
Provided also that, if the purchaser fails to put the
land to bona fide industrial use within a period of five
years or, where non-utilization charges as aforesaid have
been paid, within a total period of ten years, then the
Collector shall resume such land after giving one month’s
notice to the said defaulting purchaser, and the land so
resumed by the Collector shall vest in the Government,
free from all encumbrances, and shall first be offered to the
original land holder by way of grant, on the same tenure on
which it was initially held by such land holder before its
sale for such bona fide industrial use and at the same price
at which it had been sold by the original land holder for
such bona fide industrial use:
Provided also that, if the original land holder fails to
accept the offer to purchase the said land within a period
of ninety days from the date of receipt of such offer from
the Collector or having accepted such offer, fails to deposit
with the Collector the required amount within a further
period of ninety days, such land shall be auctioned for any
use consistent with and permissible under the Development
plan or the Regional plan, as the case may be, if any,
sanctioned under the Maharashtra Regional and Town Mah.
Planning Act, 1966 or any other law for the time being in XXXVII
of 1966.
force ; and in both the cases, the defaulting purchaser shall
only be entitled to compensation equal to the price at
which such land had been purchased by him, and the
Collector shall remit such compensation to the defaulting
purchaser within a period of ninety days from the date of
receipt of payment under the said auction : ”;
(II) in sub-section (2),––
(a) for the words “for special township project” the words
“for Integrated Township Project” shall be substituted ;
(b) the following proviso shall be added, namely :––
“Provided that, if such land purchaser fails to deposit
such amount within one month, then such purchaser shall
pay to the Government an amount equal to seventy-five
per cent. of the purchase price or the market value of the
land as per the Annual Statement of Rates of that year,
whichever is higher.”;
(III) in sub-section (3), for the words “or for special township
project, as the case may be,” the words “or for Integrated Township
Project, as the case may be,” shall be substituted;
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 9
(IV) after sub-section (4), the following sub-section shall be added,
namely :––
“(5) If the person purchasing the land under sub-section (1)
for conversion thereof for a bona fide industrial use, fails to
utilize the said land for bona fide industrial use, fully or partly,
and wants to sell the same before the expiry of the total specified
period of ten years, he may, subject to the payment of non-
utilization charges specified in the second proviso to sub-section
(1), be permitted by the Collector to do so for the remaining
period out of the specified period of ten years from the date of
original purchase, subject to the following conditions, namely :––
(i) where the said land is to be sold for bona fide
industrial use, the transferor shall have to deposit with the
Collector the transfer charges at the rate of twenty-five per
cent. of the value of such land as per the current Annual
Statement of Rates ;
(ii) where the said land is to be sold for any non-
agricultural purpose other than the bona fide industrial use,
which is consistent with the draft or final Development plan
or Regional plan or Town Planning Scheme, if any, made
Mah. under the Maharashtra Regional and Town Planning Act,
XXXVII 1966 or any other law for the time being in force, the
of 1966. transferor shall have to deposit with the Collector the
conversion charges equal to fifty per cent. of the market
value of such land as per the current Annual Statement of
Rates and in case of Occupant Class-II land, an additional
amount equal to forty-eight per cent. of the price at which
such land was originally purchased, in lieu of the nazarana.”;
(V) in the Explanation,––
(i) in clause (a), for the words “power projects and ancillary
industrial usage like research and development, godown, canteen,
office building of the industry concerned” the words “power
projects and ancillary industrial usage like research and
development units pertaining to bona fide industrial use, godown,
canteen, office building of the industry concerned” shall be
substituted ;
(ii) for clause (aa), the following clause shall be substituted,
namely :––
“(aa) ‘‘ Integrated Township Project” means the
Integrated Township Project or projects under the Regulations
framed for development of Integrated Township by the
Mah. Government under the provisions of the Maharashtra Regional
XXXVII and Town Planning Act, 1966 or any other law for the time
of 1966. being in force.”.

CHAPTER IV
AMENDMENTS TO THE MAHARSHTRA TENANCY AND AGRICULTURAL LANDS
(VIDARBHA REGION) ACT.
XCIX of 6. In section 89 of the Maharashtra Tenancy and Agricultural Lands Amendment of
1958. (Vidarbha Region) Act (hereinafter referred to as “the Vidarbha Region section 89 of
Act”), after sub-section (1B), the following sub-section shall be inserted, XCIX of 1958.
namely :––
“(1C) Nothing in sub-section (1) shall apply to the land situated
within the limits of a Municipal Corporation or a Municipal Council,
or within the jurisdiction of a Special Planning Authority or a New
¦ÉÉMÉ +É`ö---1---3+
10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
Town Development Authority appointed or constituted under the
provisions of the Maharashtra Regional and Town Planning Act, Mah.
1966 or any other law for the time being in force, and also to any XXXVII
land allocated to residential, commercial, industrial or any other of 1966.
non-agricultural use in the draft or final Regional plan or Town
Planning Scheme, as the case may be, prepared under the
Maharashtra Regional and Town Planning Act, 1966 or any other Mah.
law for the time being in force : XXXVII
of 1966.
Provided that, any transfer of land in favour of a person who is
not an agriculturist for any non-agricultural use such as residential,
commercial, industrial or any other non-agricultural use, shall be
subject to the condition that such land shall be put to such non-
agricultural use within a period of five years from the date of
transfer, and due entry of such condition shall be made in the
Record of Rights of such land:
Provided further that, in respect of land transferred for any
non-agricultural use permissible in the draft or final Development
plan or Regional plan or Town Planning Scheme, as the case may be,
after the expiry of the aforesaid period of five years, an extension
of time not exceeding further five years may be granted by the
Collector on payment of non-utilization charges at the rate of two
per cent. of the market value of such land per annum, where such
market value shall be calculated as per the Annual Statement of
Rates published under the Bombay Stamp (Determination of True
Market Value of Property) Rules, 1995, as applicable on the date of
grant of such extension of time:
Provided also that, if the transferee, including subsequent
transferee, if any, fails to put the land to non-agricultural use
permissible in the draft or final Development plan or Regional plan
or Town Planning Scheme, as the case may be, with a period of five
years or, where non-utilization charges as aforesaid have been paid,
within the total period of ten years, then the Collector shall resume
such land after giving one month’s notice to the said defaulting
transferee, and the land so resumed by the Collector shall vest in
the Government free from all encumbrances, and shall first be
offered to the original land holder by way of grant, on the same
tenure on which it was initially held by such original land holder
before its transfer for such non-agricultural use and at the same
price at which it had been transferred by the original land holder
for such non-agricultural use :
Provided also that, if the original land holder fails to accept the
offer to purchase the said land within a period of ninety days from
the date of receipt of such offer from the Collector or having
accepted such offer, fails to deposit with the Collector the required
amount within a further period of ninety days, such land shall be
auctioned for any use consistent with and permissible under the
draft or final Development plan or Regional plan or Town Planning
Scheme, as the case may be; and in both the cases, the defaulting
transferee shall only be entitled to compensation equal to the price
at which such land had been purchased by him and the Collector
shall remit such compensation to the defaulting transferee within a
period of ninety days from the date of receipt of payment under the
said auction :
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 11
Provided also that, if a person who is not an agriculturist fails to
utilize the said land for the non-agricultural use permissible in the
draft or final Development plan or Regional plan or Town Planning
Scheme, as the case may be, fully or partly, and wants to sell the same
subsequently, before the expiry of the total specified period of ten
years, he may, subject to the payment of non-utilization charges
specified in the second proviso, be permitted by the Collector to do so
for any non-agricultural use permissible in the draft or final
Development plan or Regional Plan or Town Planning Scheme, as the
case may be, for the remaining period out of the specified period of
ten years, from the date of first transfer of the said land for such non-
agricultural use, subject to the condition that the transferee shall
have to deposit transfer charges at the rate of twenty-five per cent. of
the market value of such land as per current Annual Statement of
Rates.”.
7. In section 89A of the Vidarbha Region Act,–– Amendment of
section 89A of
(I) in sub-section (1),–– XCIX of 1958.

(a) in the principal clause, for the words “or for special
township projects, as the case may be,” the words “or for Integrated
Township Projects, as the case may be,” shall be substituted ;
(b) for clause (i), the following clause shall be substituted,
namely :––
“(i) the agricultural zone of a draft or final Regional plan
or draft or final Town Planning Scheme, as the case may be,
Mah. prepared under the Maharashtra Regional and Town Planning
XXXVII Act, 1966 or any other law for the time being in force, and
of 1966.
plans or schemes and the development control regulations or
rules framed under such Act or any of such laws for the time
being in force permit industrial use of land; or”;
(c) in clause (iii), for the words “of a special township
project” the words “of an Integrated Township Project” shall be
substituted ;
(d) for the first and second provisos, the following provisos
shall be substituted, namely :––
“Provided that, where such purchase of land is for bona
fide industrial use, it shall be subject to the condition that
such land shall be put to bona fide industrial use within a
period of five years from the date of purchase :
Provided further that, after the expiry of the aforesaid
period of five years, an extension of time not exceeding
further five years may be granted by the Collector on
payment of non-utilization charges at the rate of two
per cent. of the market value of such land per annum, where
such market value is calculated as per the Annual
Statement of Rates published under the Bombay Stamp
12 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937
(Determination of True Market Value of Property) Rules,
1995, as applicable on the date of grant of such extension
of time :
Provided also that, if the purchaser fails to put the
land to bona fide industrial use within a period of five
years or, where non-utilization charges as aforesaid have
been paid, within a total period of ten years, then the
Collector shall resume such land after giving one month’s
notice to the said defaulting purchaser, and the land so
resumed by the Collector shall vest in the Government,
free from all encumbrances, and shall first be offered to the
original land holder by way of grant, on the same tenure on
which it was initially held by such land holder before its
sale for such bona fide industrial use and at the same price
at which it had been sold by the original land holder for
such bona fide industrial use :
Provided also that, if the original land holder fails to
accept the offer to purchase the said land within a period
of ninety days from the date of receipt of such offer from
the Collector or having accepted such offer, fails to deposit
with the Collector the required amount within a further
period of ninety days, such land shall be auctioned for any
use consistent with and permissible under the Development
plan or Regional plan or Town Planning Scheme, as the
case may be, if any, sanctioned under the Maharashtra Mah.
Regional and Town Planning Act, 1966 or any other law for XXXVII
the time being in force ; and in both the cases, the defaulting of 1966.
purchaser shall only be entitled to compensation equal to
the price at which such land had been purchased by him,
and the Collector shall remit such compensation to the
defaulting purchaser within a period of ninety days from
the date of receipt of payment under the said auction : ”;
(II) in sub-section (2),––
(a) for the words “for special township project” the words
“for Integrated Township Project” shall be substituted ;
(b) the following proviso shall be added, namely :––
“Provided that, if such purchaser fails to deposit such
amount within one month, then such purchaser shall pay
to the Government an amount equal to seventy-five per
cent. of the purchase price or the market value of the land
as per the Annual Statement of Rates of that year,
whichever is higher.”;
(III) in sub-section (3), for the words “or for special township
project, as the case may be,” the words “or for Integrated Township
Project, as the case may be,” shall be substituted ;
(IV) after sub-section (4), the following sub-section shall be
added, namely :––
“(5) If the person purchasing the land under sub-section (1)
for conversion thereof for a bona fide industrial use, fails to
utilize the said land for bona fide industrial use, fully or partly,
and wants to sell the same before the expiry of the total
specified period of ten years, he may, subject to the payment of
non-utilization charges specified in the second proviso to sub-
 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937 13
section (1), be permitted by the Collector to do so for the remaining
period out of the specified period of ten years from the date of
original purchase, subject to the following conditions, namely :––
(i) where the said land is to be sold for bona fide
industrial use, the transferor shall have to deposit with the
Collector the transfer charges at the rate of twenty-five per
cent. of the market value of such land as per the current
Annual Statement of Rates ;
(ii) where the said land is to be sold for any non-
agricultural purpose other than the bona fide industrial use,
which is consistent with the draft or final Development plan
or Regional plan or Town Planning Scheme, if any, made
Mah. under the Maharashtra Regional and Town Planning Act,
XXXVII 1966 or any other law for the time being in force, the
of 1966.
transferor shall have to deposit with the Collector conversion
charges equal to fifty per cent. of the market value of such
land as per the current Annual Statement of Rates and in
case of Occupant Class-II land, an additional amount equal to
forty-eight per cent. of the price at which such land was
originally purchased, in lieu of the nazarana.”;
(V) in the Explanation,–
(i) in clause (a), for the words “power projects and ancillary
industrial usage like research and development, godown, canteen,
office building of the industry concerned”, the words “power
projects and ancillary industrial usage like research and
development units pertaining to bona fide industrial use, godown,
canteen, office building of the industry concerned” shall be
substituted ;
(ii) for clause (aa), the following clause shall be substituted,
namely :––
Mah. “(aa) ‘‘ Integrated Township Project” means the Integrated
XXXVII Township Project or projects under the Regulations framed for
of 1966.
development of Integrated Township by the Government under
the provisions of the Maharashtra Regional and Town Planning
Act, 1966 or any other law for the time being in force.”

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.