land

Conversion of tribal land in Non Agriculture Land in India

Edited by: Shivam Kharya 

PROCEDURE TO CHANGE LAND AGRICULTURE TO NON-AGRICULTURE

What is “Scheduled Tribes”?

Scheduled Tribes means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India.

What is Non-Agricultural land?

Non-Agricultural Land” means land which is not used for agricultural purpose but which can be used for Residential Purpose, Industrial Purpose, Commercial Purpose or any other nonagricultural purpose”.

Procedure for Conversion of Tribal Land

  1. The application should be made by Non-tribal to the collector after taking consent from tribal for purchase of tribal land and conversion of tribal land as per section 36-A of Maharashtra Land Revenue Code, 1966.
  2. The Collector shall acknowledge the application within 7 days

The Collector shall issue Public Notice in Form I of Schedule VI Rule 3 of Maharashtra Land Revenue Rules, 1969.

  1. a) The notice contains details of tribal whose land is under a process of transfer
  2. b) Details of the land and consideration proposed to be paid for such transfer
  3. c) Mode of transfer such as sale, mortgage, lease or exchange etc.
  4. The public notice should be published in a village and within 5 km of where land is situated. And also affixed on notice board in the office of collector, sub-divisional officer, the tahsildar and of the village panchayat. Notice shall be valid for one month.
  5. If any tribal in the same village or within a radius of 5 km of where land is situated willing to purchase the land for same consideration, the collector will inform to the tribes whose land is for transfer, to transfer the said occupancy to any one of the persons of his choice.
  6. The collector shall institute an enquiry.
  7. After enquiry either grant or refuse permission within 90 days of the acknowledgement of receipt of application. Granting of permission by a collector after consulting the Planning Authority and such Authority as state government from time to time direct as per provision of law.
  8. If a collector fails to reply on which ground application is refused within 90 days .the permission is deemed to have been granted.
  9. After that, it is the duty of the person (transferee) to whom conversion order is issued report the tahsildar in writing through the talathi within 30 days from conversion.
  10. The new owner has to pay Nonagricultural land tax from the date on which non-agriculture land use begins.
  11. Sanad is granted for Non-Agricultural purpose in the form in Schedule V if the land is within the jurisdiction of the planning authority.

Classes of Persons holding land (Section 29).

According to this section, it recognizes certain classes of person as occupants

  1. Occupants Class I – are those who hold un-alienated (not transfer to another) land in perpetuity and can transfer the land without any restriction
  2. Occupants class II- are those who hold un-alienated (not transfer to another) land in perpetuity but subject to certain restrictions on the right on transfer.
  3. Government lessee

Restrictions on transfers of occupancies by Tribals (Section 36-A)

(1)This section states that occupancy of a tribal can be transferred by sale, gift, mortgage or lease to non-tribal only by application by tribal to a collector.

  1. If in case of mortgage or lease for a period, not more than five years the collector’s permission is necessary
  2. If in case of sale, exchange or gift the collector is required to obtain prior approval from the state government.

Note-Collector issue a public notice in form I of Schedule VI which contain details, nature of land for which application is made.

(2)On the expiry of a period of lease or mortgage the collector either by suo-moto or either application by tribal restore possession of tribal as per section 3 and 4 of tribal restoration act.

(3)If any occupancy has been transferred in contravention of section (1) collector hold an enquiry by sue moto or application made by any person interested in such occupancy. Enquiry such as the name of the applicant, survey number, area and assessment of the land, village or taluka in which land is situated, name of the transferor and transferee, date of transfer and circumstances in which transfer was made.

Note- if a collector finds that his sanction was not taken he issue show-cause notices in form-‘B’ to  transferor & transferee and calling them to the show cause why the transfer  should not be declared invalid, and the notice shall specify the date for hearing the application

(4)According to this if a collector finds that transfer of occupancy has been contravened section (1) he shall declare the transfer invalid and dispose of the property as per the guidance of state government.

(5)When occupancy vested in state government is to be disposed of, the collector shall give notice in writing to the tribal transferor and asking him whether willing or not willing to purchase the land within 90 days. If tribal transferor agrees to purchase the land he shall have to pay an amount equal to 48 times the assessment of the land the notice to the tribal transferor is to be given in Form C.

The procedure of conversion of use of land  from one purpose  to another: (Section 44 )

  • If an occupant of un-alienated land wants to convert his land from agriculture use to non-agricultural use or want to convert his nonagricultural purpose to another non-agricultural purpose has to apply collector in a Schedule V form.
  • After receipt of an application by the collector
    • shall acknowledge the application within seven days
    • may return the application if occupant or superior holder has not filled the form as per given information.
    • May after enquiry either grant permission or reject the application if it affect public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality;
  • If the collector fails to inform the applicant of his decision within 90 days from date of acknowledgement of application and does not return the application as per clause (2) of section-44. The permission applied for shall be deemed to have been granted
  • Person to whom permission is granted or deemed to be granted has to inform the tahsildar in writing through the village officers the date on which the change of user of land commenced, within thirty days from such date.
  • If the person fails to inform the Tahsildar within the period specified in sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

 

 

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *