Bihar Land Conversion- In order to use agricultural lands for residential, industrial, or commercial purposes, they must first be converted into non-agricultural lands. This process is referred to as land conversion. The Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act of 2010 dictates that in the state of Bihar, prior permission from the Sub-Divisional Officer must be obtained before agricultural land can be used for non-agricultural purposes. This article will delve into the details of the procedure for land conversion in Bihar.
The Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act of 2010 is being restated in different words.
As previously stated, the Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act of 2010 regulates the procedure for converting agricultural land for non-agriculture uses in the state of Bihar. The conversion of land is only allowed upon payment of a conversion fee.
The Act will not be valid if the land used for agriculture is declared a commercial, industrial, or urban area through the Master Plan.
The governing body responsible for authorizing the conversion of land use is known as the Prescribed Authority for Land Conversion.
The Sub Divisional Officer has the power to authorize the change of land use from agricultural to non-agricultural within the boundaries of his jurisdiction.
Exempted Lands
There is no need to seek permission for conversion of the lands listed below:
- Bihar Government is the owner of the land.
- A local authority possesses property that may be utilized for community functions, provided the site is not utilized for commercial purposes.
- Land can be utilized for religious, social, or charitable intentions as long as it is not utilized for commercial purposes.
- The land that can be utilized for micro-industries pertaining to traditional occupations for household purposes should not exceed an area of one acre.
- The available space for small stores is limited to a maximum of 500 square feet.
- Land can be utilized for any other reasons specified by the government periodically.
- The Bihar Tenancy Act of 1885 outlines the specific ways in which land can be utilized in Section 23 (2).
Time Frame
Within a period of ninety days from the date of application submission, the competent authority will either grant or refuse the permission letter for conversion.
Conversion fee
All individuals who own or occupy agricultural land are required to pay a fee to convert the land for non-agricultural purposes. The fee is calculated at 10% of the property’s market value in specific areas designated by the government.
Market value refers to the worth of agricultural land that has been assessed by the Collector in accordance with the guidelines outlined in the Indian Stamp Act of 1899.
Being exempted from the fees charged for conversion.
If the Department of Industry or Government of Bihar has notified a policy related to an industry, conversion might be permitted. However, no fees for conversion will be required.
Request for the modification of land usage
The method for requesting a change from agricultural land to non-agricultural land is provided here.
Consult the Sub Divisional Officer
Step 1: Individuals who own or use agricultural land and intend to convert it for non-agricultural purposes must complete an application form in the required format and pay the conversion fee as indicated above. This documentation must be submitted to the Sub-Divisional Officer responsible for the jurisdiction in which the agricultural land in question is located.
Request for exemption from the fee charged for converting.
To not have to pay for a particular circumstance (as mentioned above), the owner or occupier must submit a request to the appropriate authority. Enclosed is an application for exemption from conversion fees.
Step 2: Upon receiving the application, the relevant authority will check and confirm the accuracy of the land records.
Step 3: The authorities in charge will investigate and provide a report stating whether or not the proposed conversion of land can proceed under the current regulations.
Conversion can require authorization for the following items:
- Ensuring the wellbeing, protection, and comfort of the general public.
- When it comes to land intended for construction purposes,
- To guarantee that the size, layout, and availability of the locations are sufficient for the well-being and comfort of those who inhabit them or are appropriate for the surrounding area.
Correction in Land Records
Step 4: If it is determined that the land scheduled for conversion is permissible, then an order will be issued to correct the land record.
If an application is not accepted, the owner/occupier will be informed in writing of the reasons for the rejection.
Obtain a letter of authorization for the process of conversion.
The owner or occupier will receive a letter granting permission for the conversion of agricultural land for non-agricultural use. Once permission is granted, the landowner must pay rent and cess on the part of the property that has been approved for the conversion. The rate of rent and cess is ten times the amount previously paid for leasing and cess on that piece of land before the conversion.
Applying for conversions prior to the enforcement of the BAL Act.
If a conversion was done between the start of Bihar Act 21, 1993 and before Bihar Conversion Act 2010 was enacted, the owner or occupier must notify the competent authority within six months of the start of BAL Act. They must submit an application form indicating the conversion, pay the conversion fee, and a further 1% of the current land value.
The penalty for converting something without proper authorization is severe.
The responsible owner who has illegally converted agricultural land for non-agricultural purposes will be notified by the appropriate authority to appear in court. They will be required to provide a reason for their actions in the form of a show cause submission.If the authority in charge determines that the conversion of land for non-agricultural purposes was done without proper authorization, they will levy a penalty.
For such unauthorised conversion, the owner has to pay a penalty of 50% of the conversion fee over and above the conversion fee.