Buying land in Maharashtra for Industrial Use

Buying land in Maharashtra for Industrial Use

In Maharashtra the following few Acts are applicable in conjunction with each other:

a)      The Maharashtra Land Revenue Code Act, 1966

b)      Maharashtra Agricultural Lands (ceiling on holdings) act 1961

c)      Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974

d)     Maharashtra Restoration of Land to Scheduled Tribes Act,

e)      Maharashtra Agricultural Lands Act

f)       Maharashtra Private Forests (Acquisition) Act,

g)      Eviction of Unauthorized Occupants Act.

For an Agriculturist to buy a land, following are the requirement:

1.    He needs to get a certificate of being a farmer.

2.   The purchaser agriculturist has to produce proof of he being an agriculturist by submitting 7/12 extract in his favour, to the land revenue officer – Talathi of the respective village, without which ownership of such purchased agricultural land/s cannot be transferred.

3.    Own ancestral agricultural land in Maharashtra.

4.  Ancestral agricultural land in Maharashtra had been acquired by the government for development project, or

5.     Produce a certificate of being a worker on the farm of some other farmer for certain period of time, or

6.   If wife or husband prior to her or his marriage, either of is an agriculturist the other automatically becomes agriculturist and there after their children by succession.

For a Non- Agriculturist to buy a land, following are the requirement:

For a bonafide industrial use, a company engaged in developing power project can buy land upto 54 acres without the permission of collector. However, section 63 & 63IA of Bombay Tenancy and Agricultural Lands Act 1948, require permission of Collector/Deputy Commissioner when surplus exceeds 10 hectare of land (i.e., 24 Acres); it extend only to the Bombay area of the State of Maharashtra.

The Ceiling Limit has been provided in the “Maharashtra Agricultural Lands (ceiling on holdings) Act, 1961”, whereas provision related to bonafide industrial use is provided in “The Maharashtra Land Revenue Code, 1966”.

Permission for change of use of land from one non-agricultural purpose to another non-agricultural purpose:

*Permission from the district collector is required under section 44 of the “Maharashtra Land Revenue code 1966”, before carrying out any development on the land, an eligible person has to apply to the collector to change the use of land from non-agricultural purpose to another non-agricultural purpose, with relevant documents prescribed in the state. (Whereas according to Bombay Tenancy and Agricultural Lands Act 1948, prior permission is necessary when the ceiling exceed 10 hectares)

Collector then would send a copy of one application form to the concerned Tahasildar for collecting detailed information of the land in question.

If the area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them with reference to acquiring the building permission.

When there is no Municipal Corporation or Municipal Council, the applicant has to submit a “No Objection Certificate” to the Collector, which is to be acquired from the Gram Panchayat of the village, for the change of use of land.

If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act 1966, the Collector shall grant permission in confirmative to Development Control Regulations prepared by planning authorities and special planning authorities.

The land shall not be used for a purpose other than that for which permission is granted.

The applicant should commence the non-agricultural use within one year from the date of order, made by the Collector. Failure to do so, the permission granted shall be deemed to have lapsed, unless the Collector extends the said period from time to time.

The person, to whom permission is granted or deemed to have been granted, shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. The person has to pay N.A. taxes from the date on which NA use begins.

Deemed Permission:

Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application. If the application is not acknowledged, the permission applied for shall be deemed to have been granted, but subject to N.A. permission asked for is not in contradictory to the laws, rules, regulations and policies which aided the development control efforts.

Permission:

Where land is permitted to be used for non-agricultural purpose, a Sanad shall be granted to the holder thereof in the form in Schedule IV if the land is situated outside the jurisdiction of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority.

Document required to be attached with the application form:

For obtaining N.A. Permission, applicant has to attach documents as mentioned below:

1.      Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-

2.      Extract of V.F. 7/12 and its 4 zerox copies,

3.      Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question….one set,

If record is not available in revenue office, a certificate from the Revenue Officer stating theirin that the same is not available with him. (Talathi or Tahasildar as the case may be),

4.      Extract of village form 8 A….one copy,

5.      Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office,

6.      8 copies of site plan and 8 copies of *building plan (*if permission is asked for constructing building),

7.      If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6 ,

8.      If the land in question is abutting EW, NH or SH, copy of the NOC from Highway Authorities or other appropriate authority,

9.      NOC from concern Gram panchayat/Municipal councils,

10.  If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached,

11.  If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63,

12.  No dues certificate from farmer’s co-op society,

13.  Certificate received from the Talathi stating therein that the land in the question is not under acquisition.

14.  Any other documents such as NOC and clearance certificate etc, if the land attracts provisions of some other laws

15.  If temporary permission is already granted for layout and application is made for final permission under the circumstances, then please attach the below documents:

a)      Copy of temporary NA order permission

b)      Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.

c)      8 copies of the Architect’s plan

d)     extract of V.F. 7/12 and its 4 zerox copies and

e)      Copy of the mutation entry (V.F. 6) related to the temporary NA permission.

Following are some relevant provisions under Maharashtra Land Laws for your reference:

Provision under THE MAHARASHTRA AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961

Section 2 clause (5):

(5) "class of land" means land falling under any one of the following categories, that is to say:-

......................................

 (d) dry crop land, that is to say, land other than land falling under sub-clause (a), (b) or (c) of this clause situated in the Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri and Bhandara and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District and which is under paddy cultivation for a continuous period of three years immediately preceding the commencement date;

(e) dry crop land, that is to say, land other than land falling under sub-clause (a), (b), (c) or (d) of this clause.

Section 3 - Prohibition on holding land in excess of ceiling area and area in excess of ceiling to be surplus lands

(1) Subject to the provisions of this Chapter and Chapter III, no person or family unit shall, after the commencement date, hold land in excess of the ceiling area, as determined in the manner hereinafter provided.

Explanation :- A person or a family unit may hold exempted land to any extent.

(2) All land held by a person, or as the case may be, a family unit whether in this State or any other part of India in excess of the ceiling area, shall, notwithstanding anything contained in any law for the time being in force or usage, be deemed to be surplus land, and shall be dealt with in the manner hereinafter provided for surplus land.

In determining surplus land from the holding of a person, or as the case may be, of a family unit, the fact that the person or any member of the family unit has died (on or after commencement date or any date subsequent to the date on which the holding exceeds the ceiling area, but before the declaration of surplus land is made in respect of that holding) shall be ignored; and accordingly, the surplus land shall be determined as if that person, or as the case may be, the member of a family unit had not died.

Explanation :- In calculating the ceiling area to be held in this State, and determining the surplus land, the area of land in any other part of India (being land which a person or family unit is entitled to hold in such other part of India under any law relating to ceiling on land) shall be taken into consideration. Only land held in this State may be declared as surplus.

(3) Where any land -

(a) is held by a family of which a person is a member,

(b) is held in or operated by a co-operative society of which a person is a member,

(c) is held by a person jointly with others,

(d) is held by a person as a partner in a firm,

and the holding of such person or of a family unit of which such person is a member (including the extent of share of such person, if any, in the land answering to any of the descriptions in clauses (a), (b), (c) or (d) above) exceeds the ceiling area on or before the commencement date or on any date thereafter (hereinafter referred to as the relevant date), then for the purpose of determining the ceiling area and the surplus land in respect of that holding, the share of such person in the land aforesaid shall be calculated in the following manner :-

(i) in the land held by a family of which the person is a member, the share of each member of the family shall be determined so that each member who is entitled to a share on partition, shall be taken to be holding separately land to the extent of his share, as if the land had been so divided and separately held on the relevant date;

(ii) in the land held in or operated by a co-operative society or held jointly with others or held by a firm, the share of the person shall be taken to be the extent of land such person would hold in proportion of his share in the co-operative society, or his share in the joint holding or his share as partner in the firm, as if the land had been so divided and separately held on the relevant date.

(4) No land shall be taken into consideration more than once in calculating the ceiling area for the holding of any person, or as the case may be, of a family unit.

Provision under THE MAHARASHTRA LAND REVENUE CODE, 1966

Section 44 - Procedure for conversion of use of land from one purpose to another

Of the Use of land

(1) If an occupant of unalienated land or a superior holder of alienated land or a tenant of such land-

(a) which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose, or

(b) if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or

(c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose,

such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.

(2) The Collector, on receipt of an application, -

(a) shall acknowledge the application within seven days;

(b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or superior holder or as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant or superior holder has not been obtained, or if it is not in accordance with the form prescribed;

(c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the State Government; or refuse the permission applied for, if it is necessary to do so to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection.

(3) If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgment of the application, or from the date of receipt of the application - if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in clause (b)of subsection (2), then within ninety days 1 [or as the case may be, within fifteen days] from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions prescribed in the rules made by the State Government in respect of such user.

(4) The person to whom permission is granted or deemed to have been granted under this Section shall in form the Tahsildar in writing through the village officers the date on which the change of user of land commenced, within thirty days from such date.

(5) If the person fails to inform the Tahsildar within the period specified in subsection (4), he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but not exceeding five hundred rupees.

(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder thereof in the form prescribed under the rules.

Section 44A - No permission required for bona fide industrial use of land

Of the Use of land

(1) Notwithstanding anything contained in Section 42 or 44, where a person desires to convert any land held for the purpose of agriculture or held for a particular non-agricultural purpose, situated,-

(i) within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966, or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii) within the area where no plan or scheme as aforesaid exists, for a bona fide industrial use; or

(iii) within the area undertaken by a private developer as a special township project;

then no permission for such conversion of use of land shall be required, subject to the following conditions, namely :-

(a) the person intending to put the land to such use has a clear title and proper access to the said land;

(b) such person has satisfied himself that no such land or part thereof is reserved for any other public purpose as per the Development Plan (where such plan exists) and the proposed bow fide industrial use or special township project, as the case may be] does not conflict with the overall scheme of the said Development Plan;

(c) no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 or the Maharashtra Industrial Development Act, 1961 or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;

(d) such person ensures that the proposed industry does not come up within thirty metres of any railway line or within fifteen metres of a high voltage transmission line;

(e) there shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation projects and also those pertaining to environment, public health, peace or safety.

Provided that, the provisions of this sub-section shall not apply to the areas notified as the Eco-senstive Zone, by the Government of India.

(2) The person so using the land for a bona fide industrial use or special township project as the case may be shall give intimation of the date on which the change of user of land has commenced and furnish other information, in the prescribed form, within thirty days from such date to the Tahsildar through the village officers, and shall also endorse a copy thereof to the Collector

Provided that, where such change of user of land has commenced before the rules prescribing such form are published finally in the Official Gazette, such intimation and information shall be furnished within thirty days from the date on which such rules are so published.

(3) (a) If the person fails to inform the Tahsildar and the Collector, as aforesaid, within the period specified in sub-section (2) or on verification it is found from the information given by him in the prescribed form that, the use of land is in contravention of any of the conditions specified in sub-section (1), he shall be liable to either of, or to both, the following penalties, namely :-

(i) to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of this Code, such penalty not exceeding rupees ten thousand; as the Collector may, subject to the rules, if any, made by the State Government in this behalf, direct:

Provided that, the penalty so levied shall not be less than twenty times the non-agricultural assessment of such land irrespective whether it does or does not exceed rupees ten thousand;

(ii) to restore the land to its original use.

(b) Where there has been a contravention of any of the conditions specified in sub-section (1), such person shall, on being called upon by the Collector, by notice in writing, be required to do anything to stop such contravention as directed by such notice and within such period as specified in such notice, and such notice may also require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied within the period specified in the notice.

(4) (a) If any person fails to comply with the directions or to take steps required to be taken within the period specified in the notice, as aforesaid, the Collector may also impose on such person a further penalty not exceeding five thousand rupees for such contravention, and a daily penalty not exceeding one hundred rupees for each day during which the contravention continues.

(b) It shall be lawful for the Collector himself to take or cause to be taken such steps as may be necessary; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.

(5) As soon as an intimation of use of land for bona fide industrial use or special township project as the case may be is received under sub-section (2) and on verification it is found that the holder of the land fulfills all the conditions specified in sub-section (1), a sanad* shall be granted to the holder thereof in the prescribed form.

Where there is any clerical or arithmetical error in the sanad* arising from any accidental slip or omission, it shall be lawful for the Collector either of his own motion or on the application of a person affected by the error to direct at any time the correction of any such error.

Explanation I- For the purposes of this Section "bona fide industrial use" means the activity of the manufacture, preservation or processing of goods, or any handicraft, or industrial business or enterprise, carried on by any person, or the activity of tourism, within the area notified as the tourist place or hill station, by the State Governmen] and shall include construction of industrial buildings used for the manufacturing process or purpose, or power projects and ancillary industrial usages like research and development, godown, canteen, office-building of the industry concerned or providing housing accommodation to the workers of the industry concerned, or establishment of an industrial estate including co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog Vasahats".

Explanation II.- For the purposes of this section, "special township project" means special township project or projects under the Regulations framed for Development of Special Township by the Government, under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

Section 45 - Penalty for so using land without permission

Of the Use of land

(1) If any land held or assessed for one purpose is used for another purpose -

(a) without obtaining permission of the Collector under Section 44 or before the expiry of the period after which the change of user is deemed to have been granted under that Section, or in contravention of any of the terms and conditions subject to which such permission is granted; or

(b) in contravention of any of the conditions subject to which any exemption or concession in the payment of land revenue in relation to such land is granted, the holder thereof or other person claiming through or under him, as the case may be, shall be liable to the one or more of the following penalties, that is to say,-

(i) to pay non-agricultural assessment on the land leviable with reference to the altered use;

(ii) to pay in addition to the non-agricultural assessment which may be leviable by or under the provisions of this Code such fine as the Collector may, subject to rules made by the State Government in this behalf, direct;

(iii) to restore the land to its original use or to observe the conditions on which the permission is granted within such reasonable period as the Collector may by notice in writing direct; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied.

(2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the Collector may also impose on such person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees for each day during which the contravention is persisted in. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.

Explanation.- Using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be change of user.

Note: “Sanad” means authority given in writing by the government to hold land.*

BOMBAY TENANCY AND AGRICULTURAL LANDS ACT 1948

Section 63 - Transfers to non-agriculturists barred

(1) Save as provided in this Act-(a) no sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or

(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee,

shall be valid in favour of person who is not an agriculturist or who being an agriculturist will after such sale, gift, exchange, lease or mortgage, hold land [exceeding the ceiling area] determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 or who is not an agricultural labourer;

Provided that the Collector or an officer authorised by the State Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, on such conditions as may be prescribed such permission shall not be granted, where land is being sold to a person who is not an agriculturist for agricultural purposes, if the annual income of such person from other sources is Rs. 12,000 or more.

Explanation. -For the purpose of this sub-section the expression "agriculturist" includes any person who as a result of the acquisition of his land for any public purpose has been rendered landless for a period not exceeding ten years from the date of possession of his land is taken for such acquisition.]

(1A) Where any condition subject to which permission to transfer was granted is contravened, then the land in respect of which such permission was granted shall be liable to be forfeited in accordance with the provisions of section 84CC.

(1B) Where permission is granted to any transfer to land under sub-section (1) any subsequent transfer of such land shall also be subject to the provisions of, sub-section (1).]

(2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease of a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan [or a person carrying on any allied pursuit.

(3) Nothing in this section shall apply or be deemed to have applied to a mortgage of any land or interest therein affected in favour of a co-operative society as security for the loan advanced by such society 10[or any transfer declared to be a mortgage by a Court under section 24 of the Bombay Agricultural Debtor's Relief Act, 1947.]

(4) Nothing in section 63A shall apply to any sale made under sub-section (1).

Section 63-1A - Transfer to non-agriculturist for bona fide industrial use

(1) Notwithstanding anything contained in section 63, it shall be lawful for a person to sell land, without permission of the Collector, to any person who is or is not an agriculturist and who intends to convert the same to a or for special township project, as the case maybe, where such land is located within,-

(i) the industrial zone of a draft or final regional plan or draft interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966 or any other law for the time  being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or

(ii) the area where no such plan or scheme as aforesaid exists or

(iii) the area taken over by a private developer for development of a special township project:";

Provided that, where the total extent of such land proposed to be purchased by a person exceeds ten hectares, he shall obtain prior permission of the Development Commissioner (Industries) or any other officer authorised by the State Government in this behalf, who, while granting such permission shall consider the justification or reasonableness of the requirement of the land proposed to be purchased with reference to the nature of the proposed bona fide industrial use of such land:

Provided further that, such purchase of land shall be subject to the condition that it shall be put to industrial use within the specified total period of fifteen years from the date of purchase, failing which the person from whom the land was purchased shall have the right to repurchase such land at the price for which it was originally sold by him:

Provided also that, the purchaser who fails to put the land to bona-fide industrial use within five years from the date of the purchase, and is on the date of coming into force of the Maharashtra Tenancy and Agricultural Lands Laws (Amendment) Act, 2004, (Mah. XXV of 2005) holding such land without having been put to the bona-fide industrial use, shall be permitted to put such land to the bona-fide industrial use within the remaining period from the total period of fifteen years, subject to the condition that,-

(a) In the land purchased under sub-section (1) was held by the seller as the Occupant Class-II, such purchaser land holder shall pay an additional amount equal to 48 per cent. of the price for which it was originally purchased and three times of an annual assessment of non-agricultural tax payable under the Maharashtra Land Revenue Code, 1966(Mah. XLI of 1966) as a non-utilisation tax per year;

(b) If the land purchased under sub-section (1) was held by the seller as the Occupant Class-I, such purchaser land holder shall pay an amount equal to three times of an annual assessment of the non-agricultural tax payable under the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) as a non-utilisation tax per year:

Provided also that, the provisions of this sub-section shall not apply to the areas notified as the Eco-sensitive Zone by the Government of India:";]

Provided also that, 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 sections 36 and 36A of the Maharashtra Land Revenue Code, 1966 and of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.

(2) If the land being purchased under sub-section (1) is held by Occupant-Class II, the purchaser shall pay to the Collector, an amount equal to two per cent. of the purchase price, in case the purchase of land is for bona-fide industrial use and fifty per cent. of the purchase price. If the purchase of land is for special township project] 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 sections 67 and 115 of the Maharashtra Land Revenue Code, 1966.

(3) The person purchasing the land under sub-section (1) for conversion thereof for a bona fide industrial use 7[or for special township project, as the case may be,] give intimation of the date, on which the change of user of the land commenced, within thirty days from such date, to the Collector.

(4) If the person fails to inform the Collector within the period specified in sub-section (3), 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 Code, 1966 such penalty or exceeding twenty times the amount of non-agricultural assessment as the Collector may, subject to the rules, if any, made by the State Government in this behalf, direct.

Explanation. -For the purposes of this section,-

(a) the expression "bona fide industrial use" means the activity of manufacture, preservation of processing of goods, or any handicraft, or industrial business or enterprise, or the activity of tourism within the areas notified by the State Government as the tourist place or hill station, and shall include construction of industrial buildings 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 concerned, or establishment of an industrial estate including a co-operative industrial estate, service industry, cottage industry gramodyog units or gramodyog vasahats.

(aa) "special township project" means the special township project or projects under the Regulations framed for Development of Special Township by the Government under the provisions of the Maharashtra Regional and Town Planning Act, 1966.]

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India and persons, who belong to the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities specified in Part IX of the Schedule to the Order made under the said Article 342, but who are not resident in the localities specified in that order who nevertheless need the protection of this section (and it is hereby declared that they do need such protection) shall, for the purposes of this section be treated in the same manner as members of the Scheduled Tribes.]