Bihar Land Conversion
Agricultural land cannot be used for residential, industrial, or commercial purposes unless it is converted into non-agricultural land. This conversion process is referred to as land conversion. According to the Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010, permission from the Sub-Divisional Officer is required before using agricultural land for non-agricultural purposes. This article provides a detailed overview of the land conversion procedure in Bihar.
The Bihar Agricultural Land (Conversion for Non-Agriculture Purposes) Act of 2010.
The Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010, regulates the procedure for changing the use of agricultural land to non-agricultural purposes in the state. To convert the land, a conversion fee must be paid.
Please be advised that if the land used for agriculture has been designated as a commercial, industrial, or urban area in a Master Plan publication, this Act will not be applicable in that particular area.
The entity responsible for authorizing or permitting the transformation of land is known as the “Prescribed Authority for Land Conversion.”
The Sub Divisional Officer has the authority to direct the change of purpose of land within their area of jurisdiction from agriculture to non-agriculture.
There is no need to seek authorization to change the use of the specified lands.
- The Bihar Government possesses land.
- Local government-owned property that can be utilized for community activities as long as it is not utilized for commercial purposes.
- Land that is designated for religious, social, or charitable purposes can be used as long as it is not utilized for commercial gain.
- Land of up to one acre in size can be utilized for micro-industries related to traditional occupations that are conducted within a household setting.
- The space allotted for tiny stores is limited to a maximum size of 500 square feet.
- Land can be used for additional purposes which are declared by the government periodically.
- The Bihar Tenancy Act, 1885 outlines the designated utilization of land as described in Section 23 (2).
Within a period of ninety days after receiving the application, the competent authority will either approve or deny the request for conversion authorization.
All individuals who own or hold agricultural land are required to pay a fee for changing its usage to non-agricultural purposes. This fee is calculated at a rate of 10% of the property’s market value in areas that are specified by the Government periodically.
The term “market value” refers to the assessed value of farmland as determined by the Collector according to the regulations outlined in the Indian Stamp Act of 1899.
A waiver of conversion charges is being offered.
Conversion is permissible when it concerns an industry-related matter which has been announced by either the Department of Industry or the Government of Bihar. However, no fees will need to be paid for any such conversions.
A request for converting land use
Here is the process for converting agricultural land to non-agricultural land.
“The sub-divisional officer should be approached.”
Step 1: If someone who owns or is living on agricultural land wants to turn it into non-agricultural land, they must fill out a specific application form and pay the appropriate conversion fee. They must then submit the form to the Sub-Divisional Officer in charge of the area where the land is located.
Request for exemption from conversion charges
To not have to pay for a certain circumstance as mentioned earlier, the owner or occupier must submit an application to the appropriate authority. Enclosed is an application for exemption from conversion fees.
Step 2: Upon receiving the application, the relevant authority will confirm the accuracy of the land records in question.
Step 3: The relevant governing body will investigate and provide a report on whether the proposed land conversion is permitted according to the established guidelines.
Permission may be required for the conversion of certain objects.
- In order to ensure the well-being, security, and comfort of the general public,
- When it comes to land that will be utilized as areas for constructing buildings.
- To guarantee that the size, layout, and ease of access of the locations are sufficient for the well-being and comfort of the inhabitants, or are appropriate for the area.
Correction in Land Records
Step 4: If it becomes evident that the land in question is eligible for conversion, then an order will be issued to rectify the land registry.
If applications are not accepted, the owner or occupier will receive written communication providing reasons for the rejection.
Obtain an authorization document for the process of converting.
The owner or occupier will receive a letter granting permission to convert the agricultural land for non-agriculture use. Once permission is granted, the landowner must pay rent and cess for the specific portion of the property that has been approved for conversion. The rent and cess will be ten times the amount previously paid for that portion of land before conversion.
Requests for conversions submitted prior to the initiation of the BAL (Building Act) will be processed under the previous regulations.
If one has converted their land after the implementation of Bihar Act 21 in 1993 but before the Bihar Conversion Act 2010, they must inform the appropriate authority about the conversion within six months of the commencement of BAL Act. The owner/occupier must fill out an application form and pay a conversion fee. They must also pay an additional conversion fee equivalent to 1% of the current market value of the land.
The punishment for carrying out a change without proper authorization is known as the unauthorised conversion penalty.
The rightful organization will send a notification to the individual accountable for the unlawful alteration of land, demanding their presence in court and an explanation for the unauthorized transition from agricultural to non-agricultural use. If the competent authority determines that the conversion of land for non-agricultural purposes was done without 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.