RNI No. MAHBIL/2009/40123
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MAHARASHTRA LEGISLATURE SECRETARIAT MAHARASHTRA LEGISLATURE SECRETARIAT MAHARASHTRA LEGISLATURE SECRETARIAT MAHARASHTRA LEGISLATURE SECRETARIAT MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the १६१६१६१६१६ththththth December, December, December, December, December, २०२४२०२४२०२४२०२४२०२४ is published under Rule ११७११७११७११७११७ of the Maharashtra Legislative Assembly Rules.
L. A. BILL No. XXVII OF 2024.
A BILL
further to amend the Maharashtra Prevention of Fragmentation and
Consolidation of Holdings Act.
WHEREAS both Houses of the State Legislature were not in session ;
LXII of 1947.
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Ordinance, 2024 on the 15th October 2024 ;
Mah. Ord. XIV of 2024
भाग पाच-अ-३०-१. एचबी-२११६-१.
(१)२ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State Legislature ; it is hereby enacted in the Seventy-fifth Year of the Republic of India as follows :—
1. (1) This Act may be called the Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 2024.
Short title and commence- ment.
(2) It shall be deemed to have come into force on the 15th October 2024.
LXII of 1947.
2. In section 9 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act (hereinafter refered to as " the Principal Act"), in sub-section (3), in the first proviso,—
Amendment of section 9 of LXII of 1947.
Mah. LVIII of 2017. Mah. ...... of 2024.
(1) for the words, brackets and figures "Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 2017" the words, brackets and figures "the Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 2024" shall be substituted ;
(2) for the words and figures "at such per centum not exceeding 25 per cent. of the market value of such land as per the Annual Statement of Rates, as the Government may notify from time to time, in the Official Gazette" the words "of five per cent. of the market value of such land as per the Annual Statement of Rates" shall be substituted.
3. (1) The Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Ordinance, 2024, is hereby repealed.
Mah. Ord. XIV of 2024.
Repeal of Mah. Ord. XIV of 2024 and saving.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.
महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०२४/अग्रहायण २५, शके १९४६ ३STATEMENT OF OBJECTS AND REASONS
Sub-section (3) of section 9 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act (LXII of 1947) is amended by the Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 2017 (Mah. LVIII of 2017) to regularise the transfer or partition of a land contrary to the provisions of the said Act, made during the period starting from 15th November 1965 till the date of the commencement of the said Amendment Act, by payment of regularization premium at such per cent. not exceeding 25 per cent. of the market value of such land as per the Annual Statement of Rates, as the Government may notify, from time to time, in the Official Gazette. Accordingly, the Government of Maharashtra has notified the regularization premium at 25 per cent. of the market value of land as per the Annual Statement of Rates. The purpose of the said amendment was that, the occupants of such fragments can start their permissible use and number of land parcels which are not in use can be brought back into productive use, thereby contributing to the growth of economy.
It was noticed that, there is less response of people to such regularization. The Government was of the view that, there may be a possibility that the less response to regularise such transfers were due to higher regularization premium.
2. A Committee headed by Shri Umakant Dangat was formed by the Government to study the important laws related to the revenue and to recommend the amendments thereto, if required. The said Committee recommended to reduce the said regularization premium to ten per cent. of market value of land.
In order to achieve the abovereferred purposes of the said amendment, it was considered expedient to allow the regularization of such transfers or partition of a land upto the date of commencement of this Act and to reduce the regularization premium and fix it in the Act itself at 5 per cent. of the market value of such land.
3. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, for the purposes aforesaid, Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Ordinance, 2024 (Mah. Ord. XIV of 2024), was promulgated by the Governor of Maharashtra on the 15th October 2024.
4. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.
Nagpur, DEVENDRA FADNAVIS,
Dated the 15th December, 2024. Chief Minister
Vidhan Bhavan : JITENDRA BHOLE,
Nagpur,
Secretary (1) (I/C),
Dated the 16th December, 2024. Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.