Permission to purchase agricultural land by a pvt. ltd. co.
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
Sir,
plz guide me,
Sir, under which provision of which Act, the Pvt. Ltd. Co. can ask for the permission to purchase agricultural land to the SDO?
Shailesh Kumar Shah
(Expert) 19 December 2011
Mentioned the State?
At Uttar Pradesh, there is no need of such permission.
Querist :
Anonymous
(Querist) 19 December 2011
sir,
it is State of
Maharashtra,
VIJAY K. TEOTIA
(Expert) 19 December 2011
in every state there is ceiling on land beyond which permission is necessary from the revenue authorities/state government. For example in uttar pradesh there is limit of 12.5 acre. if more than 12.5 acre is purchased then permission under 154(2) under UPZA is required. similarly there must be provision in Maharasta. Further a board resolution is also required to purchase land mentioning the purpose also.
Raj Kumar Makkad
(Expert) 19 December 2011
A private company can buy agricultural land even in MAHARASHTRA but in its own name and not in the name of its directors as per section 49 of Companies Act, 1956.
prabhakar singh
(Expert) 20 December 2011
A very format of the desired application can be had by you on following site:
http://www.midcindia.org/Lists/Approval%20Forms/Attachments/145/Application%20Form%20for%20purchase%20of%20lan
You also need to go with following::
Registration of Large & Medium industries
The permissions / licenses to Large Scale Industries are granted under the provisions of the Industral Development (Regulation) Act,1951 of Govt. of India. For setting up an industrial undertaking for the products, which are under licensing purview licenses, is required, for the following purpose, from the Secretariat for Industrial Assistance, Ministry of Industry and Commerce, Department of Industrial Policy & Promotion, Govt. of India, New Delhi. The applicant has to submit application in nine copies.
1. To set up new industrial undertaking.
2. To effect substantial expansion of the existing industrial undertaking.
3. To manufacture a new article.
4. To Carry On Business of existing SSI unit after graduating into Large Scale Industry.
5. To set up a Large Scale Industry for manufacturing item(s) exclusively reserved for SSI sector (Annexure - III of the notification).
6. To set up a Large Scale Industry within the periphery of 25 Km from Standard Urban Area limit of a city having population more than one million as per 1991 census, in the area outside the industrial area designated prior to 25th July 1991, although the item is de-licensed.
7. To set up a SSI unit for the item/s listed in Schedule-I of the IDR Act, 1951 where number of employees exceeds 49 with the use of power (and 100 without power).
8. To set up an Industrial Undertaking for manufacture of items listed in Schedule-II of the IDR Act, 1951
Govt. of India liberalized the Industrial Policy vide notification dated 25th July 1991. A large number of industries hitherto under the licensing provision were de-licensed from time to time. According to the existing policy, four industries are reserved for public sector undertakings as listed in schedule-I and only six industries are reserved for private sector for which Industrial License is compulsory. The industries requiring Industrial License is given in Schedule-II. The list of items reserved for SSI sector is given in Schedule-III
The promoters willing to set up a large scale industry, which is out side the purview of the licensing provisions and for the item(s) not exclusively reserved for manufacture by SSI sector, have to file an application for Industrial Entrepreneur’s Memorandum (IEM) in the Prescribed Form (in six copies) to the Secretariat for Industrial Assistance (SIA), Ministry of Commerce and Industry, Department of Industrial Policy & Promotion, Govt. of India, New Delhi for obtaining the acknowledgement, which is deemed to be a permission / registration for setting up the project.
However, the projects which are proposed to be located within 25 Km from the periphery of the Standard Urban Area (SUA) limits of the cities having population of more than one million according to 1991 Census but in the area(s) outside the industrial areas designated by the concerned State government prior to 25th July, 1991, will have to obtain industrial license even for de-licensed item. The unit has to file an IEM, in case the proposed location of the unit is in the industrial area designated prior to 25th July, 1991. In such cases, the SIA, Govt. of India obtains recommendation of the concerned Directorate of Industries on Locational Clearance under the Industrial Locational Policy of Govt. of India (for large scale industries) for granting license or for accepting the IEM filed by the unit. The units having obtained IEM are required to notify their commencement of commercial production alongwith the relevant details in the prescribed application Part - B.
The above procedure applies mutatis mutandis for obtaining a permission for 100 % Export Oriented Unit (100% EOU). However, there is a separate application form for seeking this clearance.
Procedure – Govt of India
The Directorate of Industries monitors the progress of implementation of the projects filed for the State with a view to resolving the problems /difficulties of the promoters in implementing their projects and to obtain the relevant data for strategic planning of infrastructure inputs. A mechanism consisting of fora viz. the State Level Udyog Mitra headed by the Development Commissioner (Industries), the Task Force Committee under the Chairmanship of the Secretary (Industries) and the Strategic Management Group for monitoring major projects particularly the Foreign Direct Investment Projects, is already in place to resolve the problems / difficulties of promoters during implementation and the post implementation problems as well.
Grant of licenses / Permissions and Recommendations to Govt. of India for grant of LOIs / IEMs / EOU permission
Permission to Purchase Agricultural Land exceeding 10 Ha for Bonafide Industrial Purpose.
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
a. Maharashtra Land Revenue Code, 1960 and
b. 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 Application form 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.
Shonee Kapoor
(Expert) 20 December 2011
well explained Prabhakr Sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
