Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government.
By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section 63 of the MTAL Act was amended to include a sub section and proviso. By the said amendment the bar for transfer of Agricultural land shall not apply to land situated within the limits of a Municipal Corporation or Municipal Council or within jurisdiction of Special Planning Authority or New Town Development Authority constituted under Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP”) and land allocated to residential, commercial, industrial or any other Non-Agricultural use in the draft of final Regional Plan or Town Planning Scheme.
By this amendment, the bar contained for transfer of agricultural lands was removed in the above cases.
Though the bar for transfer of agricultural lands came to be removed in the above cases, proviso’s are added putting conditions on such transfers. The first proviso provides that the land so transferred for Non-Agricultural use such as residential, commercial and industrial shall be put to such Non-Agricultural use within a period of five years from the date of transfer and necessary entry to that effect shall be made in the Record of Rights.
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