Government of Maharashtra laid special emphasis on simplification of rules and procedures in its New Industrial Policy 1993. The rules and procedures for seeking permission for Non Agricultural use of land for industrial purpose and for purchasing agricultural land exceeding 10 Ha for bonafied industrial purpose were greatly simplified with a view to remove the first major bottleneck in speedier implementation of industrial projects

Government of Maharashtra promulgated the ordinances in 1994 for amending

1. Maharashtra Land Revenue Code, 1960 and
2. Bombay Tenancy and Agricultural Land Act, 1948.

Accordingly, an industrialist does not require permission of the District Collector for purchasing land admeasuring less than 10 hectares for bonafied industrial purpose. However, it is necessary to inform the concerned Revenue Authorities within 30 days regarding commencement of use of the land for industrial purpose and the Collector levies appropriate N.A. assessment charges for the land for the change in end use of the land.

The powers to grant permission for purchasing agricultural land, exceeding 10 Ha for bonafied industrial purpose, are conferred to Development Commissioner (Industries). The promoters of an industrial undertaking have to apply for the permission in the prescribed 1.Application Form For Land Purchase, 2.BTAL document Requirement from UDD, 3.Application Form for BTAL permission more than 10 Ha alongwith the stipulated accompaniments.

‘Bonafide Industrial Use’ implies the activity of manufacture, preservation or processing of goods, or any handicraft, industrial business or enterprises carried on by any person, including construction of industrial building used for the manufacturing process or purpose, or power projects and ancillary industrial usage like research and development. Godown canteen, office building of the industry concerned, or providing housing accommodation to the workers of the industry concern, or establishment of an industrial estate including Co-operative Industrial Estate or service industry, cottage industry, gramodyog units or gramodyog vasahat.

It is necessary that the land should be in the industrial zone as per the draft / final Regional Plan of the area and should not be under any other reservation where no such Regional Plan or a Scheme exists. The Committee under chairmanship of Development Commissioner (Industries) scrutinizes the application for reasonableness requirement of land considering the project parameters and accordingly Development Commissioner (Industries) grants permission to purchase the land subject to the following conditions:

1. The land to be purchased shall be put to industrial use within a period of five years from the date of purchase failing which the person from whom the land is purchased shall have right to repurchase the land at the price for which it was originally sold.
2. Where the land being sold is owned by a person belonging to the Scheduled Tribe, such sale of land shall be subject to the provisions of section 36 and 36 A of Maharashtra Land Revenue Code 1966 and of the Maharashtra Restoration of Lands to Scheduled Tribe Act 1974.
3. If the land being purchased is held by occupant Class-II, the purchaser shall pay to the Collector, an amount equal to two percent of the purchase price within one month of the execution of the sale deed irrespective of the tenure of such land. This payment shall be in lieu of any nazarana or such other charges which may otherwise be payable, by such occupant Class-II by or under the provisions of the Maharashtra Land Revenue Code 1966. In addition, the purchaser of such land shall pay the non agricultural assessment as may be levied by the Collector under Section 67 and 115 of the Maharashtra Land Revenue Code 1966.
4. The person purchasing the land under Sub Section 63 (I) and for conversion there of for bonafide industrial use shall give intimation of the date on which the change of user of the land commenced, within thirty days from such date to the Collector of the District.
5. If the person fails to inform the Collector within the period specified in Sub Section 63 I A III, he shall be liable to pay in addition to the non agricultural assessment which may be leviable by or under the provisions of the Maharashtra Land Revenue Code1966. Such penalty not exceeding twenty times the amount of non agricultural assessment as the Collector may fix subject to the rules, if any made by the State Govt. in this behalf.
6. The applicant will have to comply with the provisions of all other Acts/Rules/Notifications issued from time to time by State Govt./Central Govt. in this behalf.

The permission is granted within one month from the date of receipt of the application alongwith the required accompaniments, complete in all respects.

Finial Notice for monitoring of BTAL