Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MAHARASHTRA LAND REVENUE (CONVERSION OF USE OF LAND NON AGRICULTURAL ASSESSMENT) RULES, 1969 CONTENTS 1. Short title 2. Definitions 3. Form of application for permission to convert use of land 4. Conditions on which permission may be granted 5. Conditions where permission is deemed to have been granted 6. Penalty for failure to intimate commencement of non-agricultural use 7. Grant of sanad 8. Penalties for unauthorised non agricultural use 9. Regularisation of unauthorised use 10. Continuance of offending unauthorised constructions 11. On regulation sanad to be granted 12. Non agricultural assessment 13. Capitalised assessment 14. Maintenance of statistics of sales, etc 15. Full market value how determined 16. Standard rate of non-agricultural assessment 17. Revision of standard rate 18. Fixation of non agricultural assessment on individual plots 19. Assessment leviable on land within compounds 20. Reimposition of agricultural assessment 21. Assessment under Section 68 22. Exemption 23. Map showing non agricultural areas 24. Delegation of powers SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- SCHEDULE SCHEDULE 3 :- Building Regulations SCHEDULE 4 :- Form of Sanad to be granted to the holder of land situated outside the jurisdiction of Planning Authority SCHEDULE 5 :- SCHEDULE SCHEDULE 6 :- Form of Sanad to be granted to the holder on regularisation of unauthorised non-agricultural use SCHEDULE 7 :- Register of Sale Transactions of Non agricultural Land SCHEDULE 8 :- SCHEDULE SCHEDULE 9 :- SCHEDULE MAHARASHTRA LAND REVENUE (CONVERSION OF USE OF LAND NON AGRICULTURAL ASSESSMENT) RULES, 1969 In exercise of the powers conferred upon it by clauses (xvi), (xvii). (xviii), (xxxiv), (xxv), (xxxviii), (xxxix) and (lxiii) of sub-section (2) of Section 328, with Sections 44, 45, 47, 67, 68, 69, 108, 113, 114, 115 and 117 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), and in supersession of all previous rules made in this behalf and continued in force by virtue of the third proviso to Section 336 of the said Code, 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 1. Short title :- These Rules may be called the Maharashtra Land Revenue (Conversion Of Use Of Land And Non-Agricultural Assessment) Rules, 1969. 2. Definitions :- In these rules, unless the context requires, otherwise,- (a) "Code" means the Maharashtra Land Revenue Code, 1966; 1 [(aa) "Conversion Tax" means the additional land revenue leviable under Section 47-A of the Code "] (b) "section" means a section of the Code; (c) "Planning Authority" means a Planning Authority as defined in the Maharashtra Regional and Town Planning Act, 1966. 1. Inserted by G. N., dated 15-12-1987. 3. Form of application for permission to convert use of land :- Every application for permission for conversion of use of land from one purpose to another as provided in Section 44 shall be made in the form in which Schedule I to the Collector. Where different portions of land included in the same survey number are to be converted for use for different non-agricultural purposes, the same should be clearly and separately shown in the form. 4. Conditions on which permission may be granted :- (1) Permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non- agricultural purpose to another non-agricultural purpose may be granted by the Collector after consulting the Planning Authority and such other authority as the State Government may, from time to time, direct subject to the provisions of any law for the time being in force and to the following among other conditions, that is to say - (a) the grant of permission shall be subject to the provisions of the Code and Rules made thereunder; (b) the land shall not be used for a purpose other than that for which permission is granted; (c) the applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf; failing which, unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed; (d) the applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114; 1" (dd) Where the land is situated in any of the areas referred to in Section 47A and to which the provisions of the said Section 47A apply, the applicant shall be liable to pay the amount of conversion tax leviable under the said Section 47-A within thirty days from the grant of permission for conversion." (e) where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall, if it is within the jurisdiction of a Planning Authority, be constructed in accordance with the plan approved by the Planning Authority in that behalf, and in areas in which the provisions of Chapter III of the Bombay Highways Act, 1955, are not in force, be subject to the provisions of 2 "and the provisions of the development scheme or Zone Plan prepared in pursuance of the orders of the State Government and approved by the Collector or the Master Plan prepared for the purpose of clause (h) of section 2 of the Urban Land (Ceiling and Regulation ) Act, 1976, a due notice of which is given in the Official Gazette, and in the local newspaper having wide circulation in that area. Explanation For the purposes of this clause, the expression development scheme or Zone Plan or Master Plan prepared for the purpose of clause (h) of section 2 of the Urban Land (Ceiling and Regulation ) Act, 1976, shall mean and include a plan indicating the broad outline as to how the lands are proposed to be used.". (f) any other reasonable conditions which the Collector may deem fit to impose regard being had to the sanctioned use of the land: Provided that, in hill stations and such other localities as the State Government may specify in this behalf, where there is no Regional Plan, Development Plan or Town Planning Scheme, such permission may be granted on such conditions as are considered expedient regarding the style of the building, the period for construction and the observance of Municipal or sanitary regulation, in addition to the conditions aforesaid so far as they are applicable. (2) Such conditions shall be embodied in the sanad. 1. Added by G.N., dated 15-12-1987. 2. Add by G.N. of 15-12-1987. 5. Conditions where permission is deemed to have been granted :- In cases where permission for change of use of land is deemed to have been granted under sub-section (3) of Section 44, such permission shall be subject to the conditions provided in Rule 4. 6. Penalty for failure to intimate commencement of non-agricultural use :- Subject to the maximum amount of penalty of Rs. 500 prescribed by sub-section (5) of Section 44, the penalty for failure, inform the date on which the change of user of land commenced as required by sub-section (4) of that section shall, if the land is used for a residential purpose, be such amount as is not less than an amount equal to two times the non-agricultural assessment of the land for the period of default; and if the land is used for any other non-agricultural purpose be such amount is not less than three times the non-agricultural assessment for the period aforesaid, as the Collector may in each case deem fit to impose. 7. Grant of sanad :- Where land is permitted to be used for non-agricultural purpose, then subject to the provisions of any law for the time being in force a sanad shall be granted to the holder thereof in the form in Schedule IV if the land is situated outside the jurisdiction of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority. 8. Penalties for unauthorised non agricultural use :- If any land is used unauthorisedly in contravention of the provisions of Section 44,1it shall be lawful for the Collector to require the holder thereof or any person claiming through or under him to stop such unauthorised use, pay the non-agricultural assessment on the land with reference to the altered use for the entire period of such unauthorised use, and such fine not more than 2 [forty] times the non-agricultural assessment on the land leviable with reference to the unauthorised altered use under the provisions of the Code, as he may fix. 1. Deleted by G.N.. of 3-10-1972. 2. Substituted by G.N. of 3-10-1972. 9. Regularisation of unauthorised use :- Where any land is used unauthorisedly in contravention of the provisions of Section 44,and the Collector is satisfied that had the holder applied for necessary permission under that section, his application would not have ordinarily been rejected on any of the grounds specified in clause (c) of sub-section (2) of Section 44, the Collector may, if, the holder so desires, and in areas falling within the jurisdiction of a Planning Authority after consulting Planning Authority, instead of taking action under Rule 8, regularise such unauthorised non-agricultural use, subject to the following terms and conditions., namely:- 1 (i) that the holder shall pay the amount of conversion tax leviable under Section 47-A within thirty days from the date of regularisation of un-authorised non-agricultural use and shall pay non- agricultural assessment on the land with reference to the altered use since the commencement of that use, if it is not already paid under Rule 8. (ii) that the holder shall pay such fine not exceeding forty times the non-agricultural assessment on the land with reference to the altered use, as the Collector may fix 2 if it is not already paid under Rule 8. (iii) that the holder shall abide by the conditions specified in Rule 4 so far as they are applicable, and such other conditions as the Collector may deem fit to impose. 1. Added by G.N. of 15-12-1987. 2. Added by G.N.. of 3-10-1972. 10. Continuance of offending unauthorised constructions :- Where the unauthorised non-agricultural use cannot be regularised under Rule 9, and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of the Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State Government, subject to conditions (i) and (iii) in preceding rule, and the additional conditions - (a) that the holder shall pay a composition fee not less than fifty percent, of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater 1[and] (b) that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder's risk and costs: 2 Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition (a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State Government, reduce the amount of composition fee payable by the holder under condition (a) to such extent as he may think fit. 3 Explanation For the purposes of Rules 8, 9 and 10 of these rules, the expression "forty times the non-agricultural assessment on the land" means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural use." 1. Added by G.N. of 16-6-1973. 2. Substituted by G.N. dated 15-12-1987. 3. Added by G.N. of l5-12-1987. 11. On regulation sanad to be granted :- When any unauthorised non-agricultural use is permitted to be continued under Rule 9 or 10, a sanad in the form in Schedule VI shall be granted to the holder. 12. Non agricultural assessment :- Where land assessed to agriculture is used for non-agricultural purposes or vice versa or being assessed to one non- agricultural purpose is used for another non-agricultural purpose, the assessment fixed upon the land so used shall be altered under sub-section (2) of Section 67 of the Code and such alteration shall be made by the Collector in accordance with the provisions of the Code and these rules. 13. Capitalised assessment :- F or purpose of this Code, the term "Capitalised Assessment" means an amount equal to sixteen times the assessment on the land for the time being in force. 14. Maintenance of statistics of sales, etc :- (1) The Collector shall maintain a record of all registered sales and leases, and of awards under the Land Acquisition Act, 1894, of non-agricultural lands in different blocks in an urban area in the forms in Schedules VII, VIII and IX respectively. 15. Full market value how determined :- (1) The full market value of non-agricultural lands in an urban area in a block shall be estimated on the basis of sales, leases and awards under the Land Acquisition Act, 1894, which have taken place or declared, as the case may be,, in that block during the period of 1 [Five years] immediately preceding the year in which the standard of non- agricultural assessment of lands in that block is to be fixed in accordance with the following principle that is to say:- (a) in the case of a sale of an open plot not assessed to land revenue, the amount of sale price thereof, shall be the full market value thereof; (b) in the case of a sale of an open plot assessed to land revenue, the amount equal to the sale price and sixteen times the assessment shall be the full market value; (c) in the case of a sale of a plot with superstructure, where such plot is not assessed to land revenue of rent, an amount equal to the difference between the amount of the sale price thereof and amount of the market value of only the superstructure on the date of the sale shall be full market value; (d) in the case of sale of a plot with a superstructure where such plot is assessed to land revenue, an amount equal to the difference between the amount of the sale price thereof and amount of the assessment multiplied by sixteen on the one hand and amount of the market value of the superstructure on the date of the sale on the other shall be the full market value; (e) in the case of a long term lease or assignment of a long term lease of an open plot for a premium with a reservation of ground rent, and amount equal to the premium and sixteen times the ground rent reserved shall be the full market value;. (f) in the case of a term lease or assignment of a long term lease of an open plot without payment of premium, an amount equal to sixteen times the amount of rent reserved shall be the full market value.; (g) in the case of a long term lease or assignment of a long term lease without payment of premium of a plot with superstructure, where rent is reserved an amount equal to sixteen times the difference between the amount of the annual rent reserved and the amount of the annual letting value of the superstructure on the date of the lease shall be the full market value; (h) in the case of transfer of a leasehold plot with superstructure, an amount equal to the difference between the amount of the sale price and the amount of the market value of the superstructure on the date of the transfer plus sixteen times the ground rent shall be the full market value; (i) in the case of a plot with or without superstructure not assessed to land revenue which is acquired under the Land Acquisition Act, 1894, the amount of the value of the land (exceeding the value of superstructure, if any) declared under the award, shall be the full market value; and (j) in the case of a plot with or without superstructure assessed to land revenue which is acquired under the Land Acquisition Act, 1894, the amount of the value of the land (exceeding the value of the superstructure, if any) declared under the award plus sixteen times the assessment, shall be the full market value. (2) The transactions referred to in clauses (c), (d), (g) and (h) of sub- rule (1) shall be the basis for purposes of estimating the full market value of the land only if the Collector is of opinion that the number of transactions falling under clauses (a), (b), (e), (f), (i) and (j) of that sub-rule is either too small or is not sufficiently representative for the said purpose. (3) If in any block the full market value of the non-agricultural land cannot be estimated in accordance with the principles enunciated in this rule, the full market value of lands in such block shall be estimated on the basis of the sales, lease and awards, as the case may be, of similar plots in blocks adjacent to such block. 1. Substituted by G.N. of 16-6-1973. 16. Standard rate of non-agricultural assessment :- (1) For purpose of determining the standard rate of non- agricultural assessment, the Collector shall, on the basis of the full market value of plots ascertained in accordance with the principles enunciated in the preceding rule, first estimate the full market value of the non- agricultural land in each block separately for each of the 12[five years] immediately preceding the year in which the standard rate of non- agricultural assessment is to be fixed. (2) On the basis of the full market value determined for the preceding 1[five years] under sub-rule (1), the Collector shall estimate the full market value of land per square metre in each block. (3) The standard rate of non-agricultural assessment per square metre of land in each block shall be equal to 1.25 per cent of the full market value estimated under sub-rule (2). (4) The Collector shall submit to the State Government for approval the standard rate determined under sub-rule (3) through the Commissioner of the Division. (5) The State Government may modify the Collector's proposal in respect of the standard rate to such extent as it may deem fit. 2 (6) The standard rate approved by the State Government shall be published in the Official Gazette and such standard rate shall come into force with effect from the commencement of the relevant guaranteed period as provided for in Section 113. The standard rate shall also be put- up on the notice board in the office of the Tahsildar. (7) The standard rate fixed under sub-rule (3) shall remain in force for the relevant guaranteed period and thereafter be liable to be revised under Section 113 of the Code. 1. Substituted by G.N., dated 15-12-1987. 2. Substituted by G.N. dated 15-12-1987. 17. Revision of standard rate :- T he standard rate of non-agricultural assessment shall be liable to revision on intervals of ten years, and the provisions of Rules 15 and 16 shall apply to such revision of standard rates as they apply to the fixation of standard rates. 18. Fixation of non agricultural assessment on individual plots :- The actual assessment of individual plots in each block shall be fixed by the Collector on the basis of the standard rate for the time being in force in that block, having regard to the specific non-agricultural purpose for which the land is used as provided in sub-section (1) of Section 114; subject to the reduction or increase of 15 per cent as provided in sub-section (3) thereof. In fixing such actual assessment, the amount of assessment shall be rounded off to the nearest multiple of ten, less than five paise being disregarded, and five paise and more being regarded as ten paise. 19. Assessment leviable on land within compounds :- Non-agricultural assessment in respect of land used for residential purpose shall be levied on that area of the land within a compound which is built upon and also on the area that is required to be left open in relation to the area so built upon according to any law for the time being in force. 20. Reimposition of agricultural assessment :- (1) Except in cases where agricultural lands are transferred under the provisions of the relevant tenancy law for purposes of non- agricultural use, where any holding, which has been assessed, or of which the assessment has been altered for any non-agricultural use is used for agriculture only, the Collector may, on the application of the holder, withdraw the non-agricultural assessment, and impose either the old agricultural assessment, if any, if the settlement period has not expired; or may, in other cases, impose an agricultural assessment equivalent to that imposed on other similar agricultural lands in the vicinity of such holding. (2) Such agricultural assessment shall commence from the first day of the agricultural year next following and shall be subject to the same conditions as to periodical revision, and the same rules and provisions of law as if they had been imposed at the ordinary revenue settlement of the village in which the land is situated. 21. Assessment under Section 68 :- Where land held or used for any non-agricultural purpose is assessed under the provisions of Section 68, such assessment shall be fixed and revised by the Collector 1 in accordance with the provisions of Chapter VII of the Code and these rules. 1. Deleted by G.N. of 16-6-1973. 22. Exemption :- (1) For the purposes of clause (1) of Section 117, lands used by an agriculturist for extracting or canning fruit juice, gur making, oil pressing, cotton ginning or paddy husking or other similar purposes from the produce of his own fields shall be deemed to be used for occupations subsidiary or ancillary to agriculture. (2) Lands used for hospitals, hostels, play grounds, parks and gardens, office premises of local authorities and gymnasiums or for roads, paths and lanes set apart in layouts, for the benefit of all citizens without distinction of religion, race, sex, place of birth or any of them shall be exempt from the payment of non-agricultural assessment so long as they are used for any of the said purposes and for no other purposes and yield no profit to private individuals or to any person. (3) In the case of building sites held by Co-operative Housing Societies or the Housing Board which are not built upon, no non- agricultural assessment shall be levied for the three years subsequent to the date on which possession of the lands was taken or till the date on which non-agricultural use of the land begins, whichever is later. 23. Map showing non agricultural areas :- (1) Each Collector shall maintain in his office and from time to time as required renew or bring up-to-date a map of his district upon which it shall be clearly shown by distinct colours or otherwise as may be convenient, the urban and non-urban areas in the district in accordance with clause (42) of Section 2 of the Code, the area classified as Class I and II villages in non-urban areas under Section 110 and the blocks for different non-agricultural uses in urban areas constituted under Section 111. (2) When an area is very small, or when its limits intersect a village in an intricate way, insets on a larger scale or a supplementary file of village maps shall be provided. (3) Whenever any area is brought under a different class or rate by a fresh order, the map shall be corrected and the authority for the change noted over the Collector's signature on the map. (4) Each Tahsildar shall similarly maintain a map of his taluka with similar supplements which shall be similarly corrected and endorsed by the Collector, at each change. (5) These maps shall be open to public inspection free of charge during all office hours. 24. Delegation of powers :- The powers conferred upon the Collector under these rules may also be exercised by a Sub-Divisional Officer. SCHEDULE 1 SCHEDULE (See Rule 3) SCHEDULE 1 (See Rule 3) Form of application under sub-section (1) of Section 44 of the Maharashtra Land Revenue Code, 1966 To, The Collector of The Sub-Divisional Officer, The Tahsildar, Sir, I___________________________________r at________________________ Taluka__________________in____________ hereby apply for permission to use the land described below which is - 15(a) assessed or held for the purpose of ag t h e non-agricultural purpo of________________________ 15(b) assessed or held for the purpose of ag the non-agricultural purpose but in relaxation 16__________________ 15(c) assessed or held for the non-agricultura or the non-agricultural purpose but in relaxation of 16______________imposed at the time of gra land or permission for such non-agric viz._______________________________ 2.1 annex to this application - (a) a certified copy of the record of rights in r land as it existed at the time of application. (b) a sketch of lay-out of the site in question showing the location of the proposed build works for which permission is sought and roads or means of access. (c) written consent of the ten holder/occupant. 3.I also furnish information:- (1) Full name of the applicant (2) Full postal address Score out portion not applicable. Here state list of condition. (3) Occupation (4) Village taluka and district where the land i (5) Survey No., Hissa No., area and assessm the land. (6) Area of the site out of (5) above Purp proposed to be used. Sq. metre for Residentia _____________________________ Industria Commercial____ Any other non-agricultural purpose. (7) Whether the applicant is superior holder land or occupant Class I or Class II or a Government lessee. (8) Present use of the land and whether exists thereon and if so, its use. (9) Whether the land is situated or included - (a) in municipal area; (b) in City Surveyed area; (c) in the notified Regional Plan: Developme Town Planning Scheme under the Maharash and Town Planning Act, 1966; (d) in or near a cantonment area; (e) near Air-port or a Railway station or a Ra Jail or prison or local public office or cremat ground. If so, its approximate distance theref 546 (10) Where electrical high transmission line the land and if so, what is distance there proposed building or other works. (11) Is the land under acquisition, if so, state (12) Is there a road from where the la accessible? State the name of the road, and Highway, Major district road or village road. distance of the proposed building or other w center of the road? (13) If there is no road adjoining the lan proposed to provide for access to the site? (14) Was a similar application made in the p agricultural use of this land and was it rejecte If yes, why? I solemnly affirm that the information given a to the best of my knowledge and belief. Place ___________________ Date____________________ Signature of Ap (To be filled in by Revenue Officer) Application________________________ Stamp of the Officer_____________________ Signature and designation of the receiver. SCHEDULE 2 SCHEDULE (See Rule 4(l)(e)] SCHEDULE 2 (See Rule 4(l)(e)] [Provision for construction of buildings between boundary of a road and building line and between building line and contro line in areas on which Chapter III of the Bombay Highway Act, 1955 is not in force 1. Subject to the provisions of this schedule, n person shall without the previous permission i writing of the Collector - (a) upon any land lying between boundary of road and building line specified under clause 2 erect any structure or materially alter any existing structure or change user of land; (b) upon any land lying between building line, and the control line specified under clause 2 erect any structure for any industrial or commercial purpose including cinema houses which attract large number of vehicles. 2. As respects the class of roads specified in column 2 of the table hereto, the building line and control line measured from the centre of any such road shall in any urban or industrial area be as specified in columns 3, 4. 5 and 6 and in any non-urban excluding industrial are specified in columns 7 and 8 of the table again each such class of road: Provided that, at curves on each such road, th building line shall be set at an increased dista equal to 20 per cent, of building line specified aforesaid. TABLE Urban or industrial areas Within actual limits On Approaches to urban or industrial Arias Non-urba excluding industria areas SrNo.1 Class of road 2 Building Line Control line Building Line Control Line Build-ing Line Con-troll M M M M M M 1. National High- ways and State High- ways. 24.3836.58 30.48 45.7230.48 67 2. Major District Road 24.3836.58 24.38 36.5830.48 46 3. Other District Roads 12.1918.29 15.24 22.8615.24 30 4. Village Roads. 9.14 13.72 12.19 18.2912.19 24 SCHEDULE 3 Building Regulations SCHEDULE 4 Form of Sanad to be granted to the holder of land situated outside the jurisdiction of Planning Authority (See Rule 7) SCHEDULE 4 (See Rule 7) Form of Sanad to be granted to the holder of land situated outside the jurisdiction of Planning Authority WHEREAS an application has been made to the Collector of ___________________________________(hereinafter referred to as "the Collector" which expression shall include any officer whom the Collector shall appoint to exercise and perform his powers and duties under this grant) under Section 44 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the said Code", which expression shall where the context so admits include the rules and orders thereunder) by ______________________inhabitant of_____________________being the superior holder/occupant/tenant of Survey No__________ in the village of_______________________in the__________________ taluka (hereinafter referred to as "the applicant" which expression shall,where the context so admits, include his heirs, executors, administrators and assigns) for permission to use for__________________________the plot of land (hereinafter referred to as the "said plot") described in Appendix I hereto and indicated by the letters______________________ on the site plan annexed hereto, forming part of survey number ___________and measuring_________be the same a little more or less. Now, this is to certify that the permission to use for the said plot is hereby granted, subject to the provisions of the said Code, and rules thereunder, and on the following conditions, namely:- 1. Levelling and clearing of the land. The applicant shall be boupd to level and clear the land sufficiently to render suitable for the particular non-agricultural purpose for which permission is granted and to prevent in sanitary conditions. 26[2. Assessment. "The Applicant in lieu of the assessment heretofore leviable in respect of the said plot shall pay to Government on the_____________ date of________________in each year an annual assessment of Rupees _________(Rupees__________________________________) during the guaranteed period expiring on 31st July. 19_____and on expiry of the said period, such revised assessment may, from time to time, be fixed by the Collector under the said Code"; 2-A. The applicant shall pay to the Government, the amount of conversion tax, if any, leviable under Section 47A within thirty days from the grant of permission."] Provided that where the applicant is a co-operative housing society or the Maharashtra Housing Board, it shall be entitled to such exemption from the payment of altered assessment as is permissible under sub-rule(3) of Rule 22. 3. Use. The applicant shall not use the said land and building erected or tobe erected thereon for any purpose other than (here insert the specific purpose for which the permission is granted________________without the previous sanction of the Collector. 4. The applicant shall within one year from the date hereof, commence on the said plot_____________________of a substantial and permanent description, failing which unless the said period is extended by the Collector from time to time the permission granted shall be deemed to have lapsed and where there are no building regulations prescribed by or under any other law shall in the case of residential use in regard thereto duly comply in every respect with the building regulation contained in clauses of Appendix II hereto. 5. The applicant shall pay all taxes, rates and cesses leviable on the said land. Building time limit.Liability for rates. 6. (a) If the applicant contravenes any of the foregoing conditions, the Collector may, without prejudice to any other penalty to which the applicant may be liable under the provisions of the said Code continue the said plot in the occupation of 'the applicant 27[on payment of such assessment and subject to sub-section (2) of Section 329 of the said Code, such fine as he may direct]. (b) Notwithstanding anything contained in sub-clause (a) it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within such time as is specified in that behalf by the Collector, and on such removal or alteration not being carried out within the specified time, he may cause the same to be carried out, and recover the cost of carrying out the same from the applicant as an arrear of land revenue 7. Save as herein provided, the grant shall be subject to the provisions of the said Code and the rules thereunder. SCHEDULE 5 SCHEDULE (See Rule 7) SCHEDULE 5 (See Rule 7) Whereas an application has been made to the Collector of________________(hereinafter referred to as "the Collector" which expression shall include any officer whom the Collector shall appoint to exercise and perform his powers and duties under this grant) under Section 44 of Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the said Code" which expression shall where the context so admits include the rules and orders hereunder) by_________________inhabitant of_______________being the superior holder/occupant/tenant of Survey No.________________in the________________village of______taluka of the district________________(hereinafter referred to as the "applicant" which expression shall where the context so admits include his heirs, executors, administrators and assigns) for permission to use for_______________________purposes of plot of land (hereinafter referred to as the "said plot") described in Appendix I hereto, and indicated by the letters__________________on the site plan annexed hereto, forming part of the Survey No._______________and measuring _____________be the same a little more or less. And whereas the________________________Municipal Council/ Corporation of______________________has permitted the construction of the building. Now, this is to certify that permission to use for________________ purposes the said plot is hereby granted subject to the provisions of the said Code and on the following conditions, namely:- (1) The applicant shall be bound to level and clear the land sufficiently to render suitable for the particular non-agricultural purpose for which permission is granted and to prevent in sanitary conditions. 30["(2) The Applicant in lieu of the assessment heretofore leviable in respect of the said plot shall pay to Government on the day of _________________________in each year an annual assessment of Rs. ___________ (Rupees _______ ) during the guaranteed period expiring on 31st July, 19_____and on expiry of the said period, such revised assessment as may, from time to time, be fixed by the Collector under the said Code"; "(2-A) The applicant shall pay to the Government, the amount of conversion tax, if any, leviable under Section 47A within thirty days from the grant of permission."] (3) The applicant shall not use the said land and building erected or to be erected thereon for any purpose other than - (Here insert the specific purpose for which the permission is granted) without the previous sanction of the Collector. The applicant shall duly comply with the condition contained in Appendix II hereto (4) The applicant shall within one year from the date hereof, commence on the said plot_____________________of a substantial and permanent description, failing which unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed. (5) The applicant shall pay all taxes, rates and cesses leviable on the said land. (6) (a) If the applicant contravenes any of the foregoing conditions, the Collector may, without prejudice to any other penalty to which the applicant may be liable under the provisions of the said Code continue the said plot in the occupation of the applicant on payment of such fine, and assessment as he may direct. (b) Notwithstanding anything contained in sub-clause (a) it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within such time as is specified in that behalf by the Collector, and on such removal or alteration not being carried out within the specified time, he may cause the same to be carried out, and recover the cost of carrying out the same from the applicant as an arrear of land revenue. (7) Save as herein provided, the grant shall be subject to the provisions of the said Code and the rules thereunder. SCHEDULE 6 Form of Sanad to be granted to the holder on regularisation of unauthorised non-agricultural use (See Rule 11) SCHEDULE 6 (See Rule 11) Form of Sanad to be granted to the holder on regularisation of unauthorised non-agricultural use Whereas, the applicant being the superior holder/occupant/tenant of Survey No.______________of the village_______________of taluka _______________has used_________purposes without the permission of the Collector of__________________(hereinafter referred to as "the Collector") being first obtained as required by Section 44 of Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the said Code"), the plot of land indicated by the letters_________________on the site plan hereto annexed, forming part of the said Survey No.__________ and measuring__________be the same, a little more or less, and has thereby become liable to the penalties prescribed by Section 45 of the said Code; And whereas, the applicant has applied for permission to remain in possession of and to continue to use the aforesaid plot of land for _________________purposes; And whereas, the Collector is authorised under clause (b) of Section 47 of the said Code, to grant the permission applied for, subject to the provisions of the said Code and rules and orders thereunder and to the terms and conditions hereinafter contained. Now, this is to certify that permission to use for_______________ purposes, the said plot is hereby granted subject to the provisions of the said Code, and the rules made thereunder and on the following conditions, (1) The applicant shall pay such composition fee as may be fixed by the Collector under the Maharashtra Land Revenue (Conversion of use of Land and non-agricultural Assessment) Rules, 1969. 32["(2) The Applicant in lieu of the assessment heretofore leviable in respect of the said plot shall pay to Government on the_______________ day of____________in each year an annual assessment of Rs.________ (Rupees____________________________) during the guaranteed period expiring on 31st July, 19____ and on expiry of the said period, such revised assessment as may, from time to time, be fixed by the Collector under the said Code"; (2-A) The applicant shall pay to the Government, the amount of conversion tax, if any, leviable under Section 47A within thirty days from the grant of permission."] (3) The applicant shall not use the said land and building erected or to be erected thereon for any purpose other than -(here insert the specific purpose for which the permission is granted) without the previous sanction of the Collector. (4) The applicant shall duly comply in every respect with the building regulation contained in clauses____________ of the Appendix hereto. (5) The applicant shall pay all taxes, rates and cesses leviable on the said land. 33 [(6) The applicant shall agree in a legal binding manner to demolish the offending unauthorised construction without claiming compensation whenever after the expiry of a reasonable period he is asked to do so by the Collector failing which the Collector will do so at the applicant's risk and costs. (7) (a) If the applicant contravenes any of the foregoing conditions, the Collector may, without prejudice to any other penalty to which the applicant may be liable under the provisions of the said Code and rules thereunder continue the said plot in the occupation of the applicant 34[ on the payment of such assessment and subject to sub-section (2) of Section 329 of the said Code, such fine, as he may direct.] (b) Notwithstanding anything contained in sub-clause (a) it shall be lawful for the Collector to direct the removal or alteration of any building or structure erected or used contrary to the provisions of this grant within such time'as is specified in that behalf by the Collector, and on such removal or alteration not being carried out within the specified time, he may cause the same to be carried out and recover the cost of carrying out the same from the applicant as an arrear of land revenue. (8) Save as herein provided, the grant shall be subject to the provisions of the said Code and the rules thereunder. APPENDIX (The numbers of the conditions which are applicable should be entered in condition 4 of the grant; and special conditions should be inserted in continuation.) 1. The applicant may build on the area marked_________________ on the map annexed, and shall leave the remaining area of the said plot as an open space. 2._________________of the said plot shall be left open to the sky. 3. Any latrine, cesspool or stables constructed on the said plot shall, if any place shall have been set apart in the map annexed for such purpose, be constructed, in such place and not elsewhere. 4. No building shall be erected in the said plot more than________ metres in height. 5. The building erected on the said plot shall be used for_____________________purposes only. 6. No building erected on the said plot shall be used as a shop 35 or a factory 33or as a place for carrying on an offensive trade. 7. The grant shall be subject to the following conditions - (a)_____________________________ (b)_________________________________ In witness whereof the Collector of has hereunto set his hand and the seal of his office on behalf of the Governor of Maharashtra; and the applicant has also hereunto set his hand this day the___________ of______________ 19___________________ (Signature of applicant.) (Signatures and Designations of witnesses.) (Signature of Collector) [Seal of the Collector] (Signatures and designations of witnesses.) We declare that A.B. who has signed this sanad is, to our personal knowledge, the person he represents himself to be, and that he has affixed his signature hereto in our presence. (Signed)_________ SCHEDULE 7 Register of Sale Transactions of Non agricultural Land (See Rule 14) SCHEDULE 7 (See Rule 14) Register of Sale Transactions of Non agricultural Land Block No._________________ Town________________ Taluka______________ District____________ Details of sale transaction Year Date Transaction Name and father's name of vendor Name and father's name of vendees Plot No./ Survey No. Revenue assessed or ground rent paid Area sold Sale Price (1) (2) (3) (4) (5) (6) (7) (8) Rs. Hectares Rs. SCHEDULE 8 SCHEDULE (See Rule 14) SCHEDULE -VIII (See Rule 14) Register of Lease Transactions of Non-agricultural Land Block No.______________________ Town_____________________ Taluka____________________________ District______________________ Details of lease transaction Year Date of lease Name and father's name of lessor Name and father's name of lessee Plot No./ Survey No. Revenue assessed or ground rent paid Area leased out Remark (1) (2) (3) (4) (5) (6) (7) (8) Rs. Hectares Rs. SCHEDULE 9 SCHEDULE (See Rule 14) SCHEDULE IX (See Rule 14) Register of Awards declared in respect of Non-agricultural Lands under the Land Acquisition Act, 1894 Block No._________ Town__________ Taluka__________ District_____________ Details of the land acquired Year Date of issue of notification under Section 4 of the Land Acquisition Act Plot No. or Survey No. Revenue assessed or ground rent paid Areas acquired Value of the land declared under the award Use of the land at the time of acquisition Purpose for which the land was acquired Remarks 1 2 3 4 5 6 7 8 9