The new land law notified by the Centre on Tuesday contains many much needed reforms for the Union Territory of Jammu & Kashmir, with a view to boost industrial activities for increasing job opportunities, encouraging fresh investments and simultaneously protecting interest of the farmers. These reforms for the UT were long awaited as old laws were regressive in nature and seen as a major constraint for modern agriculture, industry and infrastructure projects. The amendments will now empower people of the Union Territory, who earlier had to knock the door of a minister to convert agricultural land to build a house. As mentioned earlier, the farmer’s interest are fully protected.
There was also a need to provide a platform by leveraging available technology for the efficient delivery of various rural services, in a transparent manner and with public participation and ownership, as there is a lack of connectivity between farmers and new agrarian based economy. For example, tillers working on the land were not allowed to sell the land even after more than 40 years. Secondly, it was found that revenue officials operated in a completely unregulated manner leading to suboptimal outcomes and corruption. A majority of tillers were not recognized as “farmers” leading to their being denied access to bank credit, institutional inputs and government benefits. As a result, the enormous values locked in land were not being monetized for productive use in the economy.
Here are a few very important facts:
Agricultural land can be sold only to ‘Agriculturists’.
‘Agriculturist’-one who cultivates land in Jammu and Kashmir on a notified date or a category of persons notified by Government.
‘Agricultural Land’ – Land recorded as agricultural land in revenue records or let for agriculture purposes but not occupied as the site of building in a town or village and occupied.
Transfer for Health, Education, Industrial or charitable use permitted. Reversion of land to Government if not put to intended use within 5+2 years.
Non-Agricultural land can be sold to anyone.
Agricultural land can be converted to Non-Agricultural land on application to District Collector as per prescribed procedure.
Earlier power was vested with Minister In-charge of Revenue.
Sale of converted or Nonagricultural land to anyone
Sale and purchase of any other than agricultural Land under municipal limits to anyone. However, the person willing to buy a piece of land needs to file an application with the government seeking the permission and also providing enough justification that it would be used in larger public interest i.e. building school or hospital, Industries or a manufacturing unit.
The Prohibition of Conversion of Land and Alienation of Orchards Act, 1975 stopped creation and alienation of orchards which has been repealed.
This was again a very regressive law, which prohibited willing fruit growers from setting up orchards and to derive government benefits. This not only stymied the growth but also prohibited those eyeing to shift from conventional farming to set up own orchard.
A new entity namely, Board of Revenue headed by ACS Rank Officer to be main controlling body under the Act which will perform functions under the overall directions of Government.
BoR will prepare regional plans for utilisation of land in areas outside the Development Act. Such Board of Revenue exist in other states like Rajasthan, Bihar, Madhya Pradesh, Uttar Pradesh etc.
Main changes proposed in Agrarian Reforms Act, 1976.
Certain provisions have become anti-development:
Allows resumption of land by Landlords.
Tillers getting ownership cannot sell land even after 44 Years today.
This nearly stops conversion of all types of land.
Provisions are complex giving benefit to revenue officials and advocates for fleecing people resulting in corruption and high litigation.
Changes proposed:
Disallows new resumption applications by landlords.
Permits sale by tillers after 15 years of ownership.
Time bound disposal of all pending/residual matters.
Main Changes Proposed In Land Revenue Act, Samvat, 1996
Changes proposed:
Being developed as Land Code to avoid multiplicity of laws.
There were around 23 different revenue acts, and same provisions existed like conversion of land in agrarian reform and land revenue act. The government has repealed 12 acts. Contradictory provisions with Development Act also removed.
Provisions made for setting up of Revenue Board; Regional Planning for regulating use of land; alienation and conversions.
Progressive provisions of repealed Acts incorporated.
For example, land meant for fodder purposes can now be sold but in order to put safeguard mechanism, revenue act will examine the justification and intent. It is reiterated again that new amendments Provides restrictions/procedure for sale and purchase of agricultural and non-agricultural land.