Telangana act 003 of 2006 : The Telangana Agricultural Land (Conversion for Non Agricultural purposes) Act, 2006.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana Agricultural Land (Conversion for Non Agricultural purposes) Act, 2006.

(2) It extends to the whole of the State of ¹Telangana.

(3) It shall come into force on such date as the Government may, by notification, appoint.

1. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department, dated 05.01.2016.

Section 2.Definitions.

In this Act unless the context otherwise requires,-

(a) "Agriculture" means,-

(i) the raising of any crop or garden produce; or

(ii) the raising of orchards; or

(iii) the raising of pasture; or

(iv) hay-ricks;

(b) "Agriculture lands" means lands used for agriculture;

(d) "Non-agricultural land" means land other than Agricultural land;

(e) "Government" means the State Government of ¹Telangana;

(f) "Collector" means the District Collector in whose jurisdiction the agricultural land for which conversion is applied for is situated and also includes Joint Collector or any other officer not below the rank of the Joint Collector authorized by the Government to exercise the powers and perform the functions of the District Collector under this Act;

(g) "Revenue Divisional Officer" means the Revenue Divisional Officer including Sub-Collector or Asst. Collector in whose jurisdiction the agricultural land or a part thereof is situated and includes any officer not below the rank of a Revenue Divisional Officer empowered by the Government to exercise the powers and perform the functions of the Revenue Divisional Officer under this Act;

²[(h) "Tahsildar" means the Tahsildar, in whose jurisdiction the agricultural land is situated;]

³[xxx]

(j) "Prescribed" means prescribed by rules made by the Government under this Act;

(k) "Notification" means a notification published in the ¹Telangana Gazette and the word "Notified" shall be construed accordingly;

(l) "Occupier" includes:

(i) Any person for the time being paying or liable to pay to the owner rent, or any portion of the rent, for the land or for the structure constructed;

(ii) A rent-free occupant;

(m) "Owner" includes any person for the time being receiving or entitled to receive, whether on his own account, or as agent, trustee, guardian, manager or receiver, for another person, or for any religious, educational or charitable purpose, rent or profits for the agricultural land or for the structure constructed on such land and includes in respect of the lands that have been leased out by the State Government or the Central Government,-

(i) a lessee, if the land has been leased out by the Government for any non-agricultural purpose; and

(ii) a local authority, if the land is vested in the local authority and used for any non-agricultural purpose deriving income therefrom.

⁴[(n) "Dharani" means the centralized digital platform as defined in sub-section (3) of section 2 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020;

(o) "Record of Rights" means the records as defined in sub-section (12) of section 2 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020.]

1. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department, dated 05.01.2016.

2. Substituted by Act No.19 of 2020.

3. Clause (i) omitted by Act No.19 of 2020.

4. Clauses (n) and (o) added by Act No.19 of 2020.

Section 3.Land use Conversion.

(1) No agricultural land in the State shall be put to non-agricultural purpose, without the prior permission of the competent authority.

¹[(2) Any person who seeks conversion of the agricultural land for non-agricultural purposes, shall apply through the website prescribed for this purpose along with conversion tax as specified under section 4 and penalty of 50 there upon conversion tax, in case land has already been put to Non Agricultural purpose without obtaining permission as required under sub-section (1), for allotting available date and time to attend before the competent authority. The Competent Authority shall allot the date and time and maintain such particulars in register in prescribed format.

(3) The Person shall attend before the Competent Authority along with affidavit in the prescribed form and Pattadar Pass Book-cum-Title Deed on the date and time allotted. The person shall declare in the affidavit that the land for which conversion is sought does not come under the purview and not in violation of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 and the Telangana Scheduled Areas Land Transfer Regulation, 1959.

(4) In case the land sought for is in consonance with the entries in the Record of Rights available on Dharani and tax and penalty, if required, paid are adequate, the Competent Authority shall issue Conversion Permission. The Tahsildar shall instantly delete the extent of land from Record of Rights, records being prepared and maintained under the Telangana Rights in Land and Pattadar Pass Books Act, 2020.

(5) Land so converted to Non Agricultural use shall be put to such particular purpose, subject to obtaining all permissions, licenses etc., prescribed under the relevant Acts or Rules or Regulations.

(6) The land so converted shall instantly get electronically entered in to Non Agricultural Dharani portal and Non Agricultural immovable Property Pass Book issued, as prescribed.]

²[(7) The assessment shall be fixed by the concerned Local Body.]

1. Substituted by Act No.19 of 2020.

2. Added by Act No.19 of 2020.

Section 4.Power to levy and collect conversion tax.

With effect on and from the date of commencement of this Act, every owner ¹[xxx] of agriculture land shall have to pay a conversion *[tax] for non-agricultural purposes, ²[as per the rates prescribed by the Government from time to time] in areas as may be notified by the Government from time to time:

³[xxx]

⁴[xxx]

1. Omitted by Act No.19 of 2020.

*. Throughout the Act for the words "fee/fees", the word "tax" shall be substituted [Act No.16 of 2012].

2. Substituted by Act No.19 of 2020.

3. The Proviso omitted by Act No.19 of 2020.

4. Sub-section (2) omitted by Act No.19 of 2020.

Section 5.Authority competent to convert agricultural land for non agricultural purpose.

The ¹[Tahsildar] or any officer to be notified by the Government in this behalf shall be competent to order, in respect of the lands situated within his territorial jurisdiction, conversion of land use from agricultural purpose to non-agricultural purpose.

1. Substituted by Act No.19 of 2020.

Section 6.Penalty.

(1) If any agricultural land has been put to non-agricultural purpose without obtaining the permission as required under section 3, the land shall be deemed to have been converted into non-agricultural purpose.

(2) Upon such deemed conversion, the competent authority shall impose a fine of 50 over and above the conversion *[tax] for the said land specified under section 4 in such manner as may be prescribed.

(3) The owner or occupier of the land shall pay the fine so imposed under sub-section (2) in such manner as may be prescribed.

(4) Any *[tax] or penalty which remains unpaid after the date specified under sub-section (2) for payment, shall be recoverable as per the provisions of ¹the Telangana Revenue Recovery Act, 1864.

²[Provided that no penalty shall be levied on such land already put to Non Agricultural use, if any application for conversion is made within three (3) months from the date as may be notified by the Government.]

*. Throughout the Act for the words "fee/fees", the word "tax" shall be substituted [Act No.16 of 2012].

1. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

2. Added by Act No.19 of 2020.

Section 7.Act not to apply to certain lands.

Nothing in this Act shall apply to,-

(a) Lands owned by the State Government;

(b) Lands owned by a local authority and used for any communal purposes so long as the land is not used for commercial purposes;

(d) Lands used by owner for household industries involving traditional occupation, not exceeding one acre;

(e) Lands used for such other purposes as may be notified by the Government from time to time;

¹[(f) Lands used for Aquaculture, Dairy and Poultry.]

1. Added by Act No.16 of 2012.

Section 8.Appeal.

Any person aggrieved by an order of the ¹[Tahsildar] may file an appeal before the Collector within sixty days of receipt of such order by the applicant.

1. Substituted By Act No.19 of 2020.

Section 9.Act to override other laws.

The provisions of this Act shall have effect notwithstanding anything inconsistent there with contained in any other law for the time being in force, or any custom or usage having the force of law or contract or judgment, decree or order of a court or any other authority.

Section 10.Power to give directions.

For the purpose of giving effect to the provisions of this Act it shall be competent for the Government to issue such directions as they may deem fit to any officer, authority or person subordinate to the Government.

Section 11.Bar of Jurisdiction.

Save as otherwise expressly provided in the Act, no Court shall entertain any suit, or other proceeding to set-aside or modify, or question the validity of deficit *[tax] under section 3 or fine imposed under section 6, or order or decision made or passed by any officer or authority under the Act or any rules made thereunder, or in respect of any other matter falling within its scope.

*. Throughout the Act for the words "fee/fees", the word "tax" shall be substituted [Act No.16 of 2012].

Section 12.Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made thereunder.

Section 13.Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the Government may by order in the ¹Telangana Gazette make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty.

1. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department, dated 05.01.2016.

Section 14.Power to make rules.

(1) The Government may by notification make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 15.Repeal of Act.

(1) The Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 is hereby repealed.

(2) Upon such repeal,-

(a) the provisions of section 8 of the ¹Telangana General Clauses Act, 1891 shall apply;

(b) all the outstanding arrears from individuals/ institutions under the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 as on the date of commencement of this Act shall be recovered under the provisions of the ¹Telangana Revenue Recovery Act, 1864.

1. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.