LexThe Telangana Agricultural Land (Conversion for Non Agricultural purposes) Act, 2006.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA AGRICULTURAL LAND (CONVERSION FOR
NON AGRICULTURAL PURPOSES) ACT, 2006.
(ACT NO. 3 OF 2006)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Land use Conversion.
4. Power to levy and collect conversion tax.
5. Authority competent to convert agricultural land for non
agricultural purpose.
6. Penalty.
7. Act not to apply to certain lands.
8. Appeal.
9. Act to override other laws.
10. Power to give directions.
11. Bar of Jurisdiction.
12. Protection of action taken in good faith.
13. Power to remove difficulties.
14. Power to make rules.
15. Repeal of Act.
THE TELANGANA AGRICULTURAL LAND (CONVERSION
FOR NON AGRICULTURAL PURPOSES) ACT, 2006.1
ACT No.3 OF 2006.
1. (1) This Act may be called the 2Telangana Agricultural
Land (Conversion for Non Agricultural purposes) Act, 2006.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
2. 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;
1. The Andhra Pradesh Agricultural Land (Conversion for Non
Agricultural purposes) Act, 2006 received the assent of the Governor on
the 30th December, 2005. The said Act in force in the combined State, as
on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Notification issued in G.O.Ms.No. 4, Revenue
(Land Matters) Department, dated 05.01.2016.
2. Substituted by G.O.Ms.No. 4, Revenue (Land Matters) Department,
dated 05.01.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.3 of 2006]
(c) “Conversion” means change of land use from
agricultural to non-agricultural purposes;
(d) “Non-agricultural land ” means land other than
Agricultural land;
(e) “Government” means the State Government of
3Telangana;
(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 exerc ise 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 Governme nt
to exercise the powers and perform the functions of the
Revenue Divisional Officer under this Act;
(h) “Mandal Revenue Officer ” means the Mandal
Revenue Officer, in whose jurisdiction the agricultural land
or a part thereof is situated, and includes a ny Officer not
below the rank of a MRO empowered by the Government to
exercise the powers and perform the functions of the
Mandal Revenue Officer under this Act;
(i) “Mandal Revenue Inspector ” means the Mandal
Revenue Inspector in whose jurisdiction the agricultural land
or a part thereof is situated and includes any officer
3. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department,
dated 05.01.2016.
[Act No.3 of 2006] 3
empowered by the Revenue Divisional Officer to exercise
the powers and perform the functions of a Mandal Revenue
Inspector under this Act;
(j) “Prescribed” means prescribed by rules made by
the Government under this Act;
(k) “Notification” means a notification published in the
4Telangana 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 a nd 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. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department,
dated 05.01.2016.
4 [Act No.3 of 2006]
3. (1) No agricultural land in the State shall be put to non -
agricultural purpose, without the prior permission of the
competent authority.
(2) An application for such conversion of the
agricultural land for non-agricultural purposes shall be made
before the competent authority in the form prescribed along
with conversion [tax] as specified under section 4.
(3) If the conversion *[tax] so paid as per sub -section
(2) is found to be less than the *[tax] prescribed under
section 4, a notice shall be issued by the competent
authority to the applicant 5[within 7 days] of the receipt of
application intimating him the deficit amount.
(4) The applicant shall pay the deficit amount indicated
in the notice issued under sub-section (3) 5[within one week]
of the receipt of such notice.
(5) In case no intimatio n is received by the applicant
5[within 7 days] about the deficit payment of conversion
*[tax], it shall be deemed that the amount paid is sufficient
for the purpose.
(6) The conversion permission requested for shall
either be issued, rejected in full or part by the competent
authority 5[within fifteen days] after such request is received
in the office of the competent authority or 5[within 7 days]
after the receipt of the deficit amount as the cas e may be,
provided that such requests are rejected, the reasons for
such rejection shall be recorded in writing and
communicated to the applicant:
Throughout t he Act for the words “fee/fees”, the word “tax” shall be
substituted [Act No.16 of 2012].
5. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department,
dated 05.01.2016.
Land use
Conversion.
[Act No.3 of 2006] 5
Provided that, if no order is passed on such request,
within the time prescribed in sub -section (6), the required
permission shall be deemed to have been given.
4. (1) With effect on and from the date of commencement
of this Act, every owner or occupier of agriculture land shall
have to pay a conversion *[tax] for non -agricultural
purposes, at the rate of 6[3%] of the basic value of the land
in areas as may be notified by the Government from time to
time:
7[Provided that the owner or occupier of agriculture
land in the areas covered under Greater Hyderabad
Municipal Corporation, 8[XXX] shall have t o pay a
conversion tax for non -agricultural purposes, at the rate of
9[2%] of the basic value of the land.]
(2) For the purpose of this section, the basic value of
the land shall be fixed in such manner as may be
prescribed.
5. The Revenue Divisional Officer 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.
6. Substituted for 9% by G.O.Ms.No.4, Revenue (Land Matters)
Department, dated 05.01.2016.
7. Added by Act No.16 of 2012.
8. Omitted by G.O.Ms.No.4, Revenue (Land Matters) Department, dated
05.01.2016.
9. Substituted for 5% by G.O.Ms.No.4, Revenue (Land Matters)
Department, dated 05.01.2016.
Power to levy and
collect conversion
*tax.
Authority
competent to
convert
agricultural land
for non
agricultural
purpose.
6 [Act No.3 of 2006]
6. (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 a s may
be prescribed.
(4) Any *[tax] or penalty which remains unpaid after the
date specified under sub -section (2) for payment, s hall be
recoverable as per the provisions of 10the Telangana
Revenue Recovery Act, 1864.
7. 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;
(c) Lands used for religious or charitable 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;
10. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Penalty.
Act not to apply to
certain lands.
[Act No.3 of 2006] 7
11[(f) Lands used for Aquaculture, Dairy and Poultry.]
8. Any person aggrieved by an order of the Revenue
Divisional Officer may file an appeal before the Collector
within sixty days of receipt of such order by the applicant.
9. 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.
10. 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.
11. 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.
12. 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 Ac t or
under the rules made thereunder.
13. If any difficulty arises in giving effect to the provisions
of this Act, the Government may by order in the 12Telangana
Gazette make such provisions not inconsistent with the
11. Added by Act No.16 of 2012.
12. Substituted by G.O.Ms.No.4, Revenue (Land Matters) Department,
dated 05.01.2016.
Appeal.
Act to override
other laws.
Power to give
directions.
Bar of
Jurisdiction.
Protection of
action taken in
good faith.
Power to remove
difficulties.
8 [Act No.3 of 2006]
purposes or provisions of this Act as appear to them to be
necessary or expedient for removing the difficulty.
14. (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.
15. (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 13Telangana
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 13Telangana Revenue Recovery Act, 1864.
* * *
13. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to make
rules.
Repeal of Act 14
of 1963.