Purchase of
Agricultural Land
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Purchase of agricultural Iand Involves compliance of vanous
statutes, in addition to the regular acts like transfer of property,
registration acts, stamp acts, Indian contract act. There are various
restrictions on sale / purchase of agricultural land, which are imposed in
Karnataka Land Reforms Act 1961, Karnataka Land Grant Rules 1969. Karnataka
Village Officers Abolition Act 1961, Karnataka Land Revenue Act 1961, BDA Act
1976 and Land Acquisition Act (Central) 1976.
These restrictions on purchase / sale of agricultural land
are applicable only in Karnataka, and many ther states do not have such
restrictions. We shall first understand the words agricultural land,
agriculture, agricultural labour and agriculturalist. The word Agriculture
encompases aquaculture (fishery), horticulture, raising of crops, grass, garden
products, dairy farming, poultry farming, breeding oflive stock (animal husbandry)
grazing.
Any land which is used and capable of being used for any of
above purpose is an agricultural land. Agricultural land does not include house
sites or land used exclusively for non-agricuItural purpose. Verification ofrevenue records is necessary to ascertain whether the land is agricultural land
or not.
A person who cultivates land personally, that by himself or
by the members of his family or by hired labourers / servants under his
personal supervision or of his family member, is an agriculturist. Wages to the
servants / laboures should not be in the form of share in the crops, but may be
paid in the form kind or cash.
A person who lives mainly on the earnings out of manual
labour on agricultural land including the one who prepares agricultural
implements is an agricultural labourer.
Karnataka land reforms act 1961 has put certain ceilings on
agricultural land holdings per family / per person. Family includes, the indivi
dual, wife or wives, minor sons and unmarried daughters. The ceiling is Ten
units. If the family comprises more than five members, an additional two units
per every member in excess offive is allowed subject to maximum 20 units. In
case of tennant, it is 40 units.
The area of unit differs with the class of the land. Land is
classified in to 4 classes based on irrigation facilities. Land having assured
irrigated facilities from government canal, government tanks by which two crops
of paddy or one crop of sugarcane can be cultivated in a year is A class lands.
1.3 acres of A class land is one unit. Lands with assured irrigation from
government canal, government tank by which only one crop of paddy can be
cultivated or lands irrigated by lift irrigation project of state government by
which two crops of paddy or on crop of sugarcane can be cultivated in a year is
'B' class land. 2.5 acres of 'B' class land is one unit.
Lands
irrigated from government sources of
irrigation including lift irrigation, but not A or B type, rainfed lands where
paddy or areca is grown, or lands irrigated by lifting the water from govt. cannal,
govt. tanks but the pumping installation is provided by the land owner is 'C'
class land. 3 acres of 'C' class land comprises one unit. Lands classified as
dry but not having irrigation facilities from govt. source is 'D' class lands.
5.4 acres of "D" class lands is one unit. Holding the agricultural
land beyond the ceiling limit is not allowed. Likewise disposing of land held
in excess of ceiling limit is also not allowed unless declarations are filed
which are referred to land tribunals. Apart from the ceiling on holding the
agriculturist the Karnataka Land Reform Act 1961 has put certain restrictions
on the purchaser.
As per section 79 A of Karnataka Land Reforms Act 1961, any
person or family or joint family having income pot less than Rs. 2 lakhs per
year from non-agricultural source is not eligible to acquire any agricultural
land in any capacity as landlord, Further any person other than one cultivating
the land personally is not eligible to hold agricultural land (See 79B). One
should be an agriculturist before 1-3-1974. Likewise sale of agricultural land,
including the sale in execution of a decree of a civil court, or for recovery
of arrears of land revenue, gift, exchange, lease is not lawful to a person who
is not an agriculturalist or agricultural labourer or to a person, who holds
the land in excess of ceiling limits (See 80). Karnataka Land Grant Rules 1969
deals with agricultural lands granted by the government. The grantee is not
allowed to sell the land for a period of 15 years from the date of taking
possession of the land. Thereafter only with the permission of the government,
such lands could be sold.
In case of lands granted to the members of the scheduled
castes and scheduled tribes, the alienation of the land is totally prohibited and
if alienated the ownership revert back to the government. Usage of the
agricultural lands for any purpose other than agriculture is not allowed unless
it is converted for non-agricultural purpose with the permission of the
government and also on payment of prescribed fee.
In case of lands, where occupancy has been granted by the
tribunal under Karnataka Land Reforms Act 1961, sale of such land is not
allowed for a period of 15 years from the date of the certificate of occupancy.
Likewise restrictions on alienation of agricultural land
exist in case of i nam lands, agricultural lands conferred under the provisions
of Karnataka Village Officers Act, 1961, land under notification of Land
Acquisition Act, BDA Act. Karnataka Land Reforms Act 1961 has exempted certain
lands from the provisions of sections 63, 79A, 79B and 80, where the land is
used for:
The purchaser should thouroughly examine the various aspects
and avail the services of an advocate well versed in property matters
particularly agricultural land. If the purchaser is not an agriculturalist, it
is advisable to insist on conversion of land to non-agricultural purpose,
before purchase.
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