The Kerala Conservation of Paddy Land and Wetland

Act. 2008. T. James Joseph, Adhikarathil

Rtd. Deputy Collector & Trainer.

The Kerala Land Utilisation Order, 1967 The date of Commencement –04.07.1967 This order has to be read with Section 3 of

Essential Commodities Act 1955. This order vests with District Collectors with power to enforce cultivation of food crops. The objective of this order is to ensure agricultural operations and cultivations as are made compulsory are carried out to ensure availability of essential commodities.

Only 15 sections in this order As per Section 6. Land cultivated with any food

crop not to be cultivated with any other food crop without prior sanction from District Collector

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The Kerala Land Utilisation Order, 1967.

Sec.6(2) No holder of any land who cultivates any land with any food crop for a continuous period of three years at any time after the commencement of this order shall, after the said period of three years, convert or attempt to convert or utilise or attempt to utilise such land for the cultivation of any other food crop or for any other purpose except under and in accordance with the terms of written permission given by the collector.

( Before changing the use of agriculture land the owner shall take permission from the Collector. As per Sec.2(a) Collector means Collector of the district concerned and includes a Revenue Divisional Officer of the division concerned.)

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The Kerala Conservation of Paddy Land and Wetland Act 2008.

1. Date of Commencement 12.08.20082. To curb indiscriminate and uncontrolled reclamation and

massive conversion of paddy land and wetland. 3. To promote agricultural growth, to ensure food security and to sustain the ecological system in the State of Kerala.

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Conversion & Reclamation.

2(iii) “conversion” means the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose.2(xv) “reclamation” means such act or series of acts whereby a paddy land or a wetland as defined in this Act is converted irreversibly and in such a manner that it cannot be reverted back to the original condition by ordinary means;

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Paddy Land & Wetland.

2(xii) “paddy land” means all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals;

2(xvii) “wetland” means land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterized by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;

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5. Constitution of Local level Monitoring Committee . LLMC5.1. There shall be a Local Level Monitoring Committee in each Panchayat or Municipality for the purpose of monitoring the implementation of the provisions of this Act. The Agricultural Officer shall be the Convenor of the Committee.

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5. LLMC & DATA BANK.

5 (4) The Committee shall prepare the data-bank with the details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee, with the help of the map prepared or to be prepared by the State Land Use Board or Centre-State Science and Technology Institutions on the basis of satellite pictures by incorporating the survey numbers and extent in the data-bank and get it notified by the concerned Panchayat/ Municipality/ Corporation, in such manner as may be prescribed, and exhibit the same for the information of the public, in the respective Panchayat /Municipality/ Corporation Office and in the Village Office.

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5. LLMC & DATA BANK.

5.1. The Agricultural Officers shall be the reporting officers, in respect of the paddy land under their jurisdiction and it shall be their responsibility to report the Revenue Divisional Officer regarding any act in violation of the provisions of this Act.

If any paddy land is kept fallow during any agricultural season, the Agricultural Officer shall inform that matter also to the Committee.

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5. LLMC & DATA BANK.

5.1. The Agricultural Officers shall be the reporting officers, in respect of the paddy land under their jurisdiction and it shall be their responsibility to report the Revenue Divisional Officer regarding any act in violation of the provisions of this Act.

If any paddy land is kept fallow during any agricultural season, the Agricultural Officer shall inform that matter also to the Committee.

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5.DLAC & DATA BANK.

There will be District Level Authorised Committee for considering the applications for reclamation of paddy land for the construction of residential building to the owner of paddy land and for taking suitable decision:

Provided that the District Level Authorised Committee shall not take any decision granting permission for the filling up of paddy land for the construction of residential building exceeding ten cents in a panchayat and five cents in a Municipality/Corporation, as the case may be.

The District Level Authorised Committee shall consist of the

Revenue Divisional Officer, Principal Agricultural Officer and three paddy cultivators to be nominated by the Collector and the Revenue Divisional Officer shall be its Chairman and the Principal Agricultural Officer, shall be its Convenor:

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No Permission to Land buyers after 12/08/2008.

REV-P1/248/2019-REV dated 17.02.2020

No sanction will be accorded to the persons for conversion of paddy land for the purpose of constructing house who purchased paddy land after 12.08.2008 .

[WP(C)3466/2017date 06.06.2017]jamesadhikaram

The Kerala Conservation of Paddy Land and Wetland (Amendment) Act 2018 (30-12-2017)

Sec.2 "(viiA) "unnotified land" means the lands which have been included as paddy land or wetland in the basic tax register maintained in Village Offices, but are not notified as paddy land or wetland under sub-section (4) of section 5 or where databank has not been published under the provisions of clause (i) of sub section(4) of section (5), the lands which have already been filled up on the date of commencement of this act and are not paddy land according to the report of the Kerala State Remote Sensing Centre and the Local Level Monitoring Committee or where the report of the Kerala State Remote Sensing Centre is not available, lands which are not paddy land according to the report of the Local Level Monitoring Committee.

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The Kerala Conservation of Paddy Land and Wetland (Amendment) Act 2018 (30-12-2017)

Sec.2 (xviiB) "water conservancy measures" means and includes covered or uncovered rain water harvesting structures, surface or underground, including tanks, reservoirs, pits, trenches, ponds or any other structure suitable for collection of rain water or water flowing through paddy land or unnotified land without causing hindrance to the free flow of water to neighboring paddy lands and drainage channels;".

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16. FALLOW PADDY LAND TO BE GOT CULTIVATED.

1. (3E) If the holder of the paddy land denies permission, the Committee shall refer the matter to the Revenue Divisional Officer 2. (3F) The Revenue Divisional Officer shall, on receipt of such reference, hear the parties concerned and dispose of the matter in thirty days and in so deciding the matter, the Revenue Divisional Officer shall take into consideration whether cultivation in such paddy land is indispensable for the cultivation of adjoining paddy land or for augmenting the paddy cultivation in the Stale or for such other reasons and such decision shall final

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16. FALLOW PADDY LAND TO BE GOT CULTIVATED.

3.g.If the Revenue Divisional Officer grants permission under sub-section (3F) or in the case of a deemed permission under sub-section (3C), the Committee may inform the Panchayat/ Municipality/ Corporation, as the case may be, in writing and Panchayat/ Municipality/ Corporation may, by an order, entrust the right to cultivate the said paddy land, by auction or otherwise, for a maximum period of two year at a time and make arrangement for such cultivation as per sub-section 4.

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KLU-Land status on 04/07/67-evidence for fee exemption.

16. Conditions for regularisation. (l) If any owner of an unnotified land desires to utilize such land

for residential or commercial or for other purpose., he shall apply to the Revenue Divisional Officer for permission in such manner as may be Prescribed

(2) Notwithstanding anything contained in any judgment' decree or order of any Court or Tribunal or any other authority' the Revenue Divisional Officer may, after considering the report of the Village Officer concerned, pass such orders as deems fit and proper on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any' through such water conservancy measures as is deemed necessary:

Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 arcs, ten per cent of such land shall be set apart for water conservancy measures.

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16. Conditions for regularisation. (3) If the application is allowed, the applicant shall

be liable to pay a fee at such a rate as may be prescribed. ( No fees for the land filled up before 4th july 1967, commencement of KLU Order)

(6) No permission under this section shall be necessary for constructing a residential building having a maximum extent of 4.04 ares of land or a commercial building having a maximum area of 40 square meters in a maximum extent of 2.02 ares of land: (This exemption will be granted only once)

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16. Conditions for conversion. (8) Conversion of an unnotified land for any public

purpose The Revenue Divisional Officer shall submit a

report to the Government (11) The Revenue Divisional Officer can cancel any

order issued , if the condition specified in the order issued therein are not compiled by the applicant

(Suo motu or on any complaint received) (13) Application received for the change of nature

of unnotified land from the date of commencement of this act shall be considered and disposed only in accordance with the provisions of this Act

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16. Conditions for regularisation.. 4D-Anyone who is distressed by the contents of the

databank published may lodge a complaint with the Revenue Divisional Officer on Form 5 and the Revenue Divisional Officer should issue a receipt for such applications and keep a register of such applications.

4E - Applications so received should be sent for report to the concerned Agriculture Officer if it is related to paddy fields and to the concerned Village Officer if it is related to wetlands.

4F -Upon receipt of the report, the Revenue Divisional Officer, if deemed appropriate, shall examine the contents of the data bank either by direct inspection or with the assistance of satellite imagery prepared by the Central and State Science and Technology Institutions and issue an appropriate order on the application

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16. Subdivision after regularisation.11 . If any applicant submit application for

changing the nature of any part of the land held by the applicant under section 27A (1) , the altered land shall be marked separately and recorded in the sketch and the rest of the land should be kept as it is in the existing revenue records of the land and such land should be marked with a special color in the sketch and necessary entries should be made in the Supplementary Basic Tax Register.

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16. Conditions for regularisation.. 12.(1) The application for alteration of the nature

of the unnotified land should be submitted to the concerned Revenue Divisional Officer in Form 6 in case of area of such land up to 20.23 Ares and in Form 7 in case of more than 20.23 Ares.

12(2) Sketch of the land should be submitted with the plan. If the area of the land is more than 20.23 Ares, a sketch showing the area reserved for water conservation activities (10% of the total area applied) and the reserved portion should be marked in blue colour and the other portion should be marked in red colour. A detailed plan regarding the scheme proposed for water conservation should also submit.

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16. Conditions for regularisation.. 12(3) Demand draft or any receipt for remitted

Rs.1000/- towards the fund should be submitted with application.

12(4) The Revenue Divisional Officer sent the applications to the concerned Village Officer for report.

12(6) If the land area is more than 20.23 acres, the Revenue Divisional Officer shall seek the opinion of the Agriculture Officer on the effectiveness of the water conservation measures intended to be implemented by the applicant.

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16. Conditions for regularisation.. 12(7) If the area of the land exceeds one

hectare, the Revenue Divisional Officer shall inspect the land directly in the presence of the Agriculture Officer and the Village Officer.

12(9) If applications for alteration of the land is allowed, the Revenue Divisional Officer should issue a detailed order stating the area of the land, survey number, etc. on presentation of proof of payment to the fund of the amount specified in the Schedule to the Rules and a sketch of the land should accompany the order.

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16. Conditions for regularisation.Sl

abArea in Ares Panchth

.Municipal.

Corpn

1 0 to 10.12 Free Free Free

2 10.13 to 20.23 10% 20% 30%

3 20.24 to 40.47 20% 30% 40%

4 Above 40.47 30% 40% 50%

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G.O (Ordinary) No.1166 / 2020 / Rev. Dated given25/02/2021 of Revenue (P) departmentLand up to 25 cents for free change. This exemption is for land not exceeding 25 cents effective as on December 30, 2017.For land above 25 cents per acre, a fee of 10% of the fair value will be charged irrespective of the panchayat, municipality or corporation and 20% of the fair price will be charged for land above one acre.

16. FALLOW PADDY LAND TO BE GOT CULTIVATED.If the floor area of the building intended to

be constructed on the land so intended to be modified is more than 3000 square feet, a fee of Rs.100 / - will be payable for each additional square feet

No fee is payable for construction, reconstruction or expansion of house up to 120 sq.m. on 4.0 Ares of land or for construction, reconstruction or expansion of commercial building up to 40 sq.m. on 2.02Ares of land

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16. FALLOW PADDY LAND TO BE GOT CULTIVATED. P1/818/2018/REV dated 14.01.2019 --- Providing

head of account for remitting the fees (0029—00-800-88)

REV-P1/157/2019-REV dated 23.05.2019 -- Recording in the Revenue Records as

സ്വഭാവവ്യതിയാനം നടത്തിയപുരയിടം (Modified dryland)

 REV-P1/307/2019-REV dated 19.12.2019 -- Directions for charging fees -- The prevailing fairvalue of the applied land should be considered.

REV-P1/248/2019-REV dated 17.02.2020 -- Fairvalue of the nearest dryland

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16. FALLOW PADDY LAND TO BE GOT CULTIVATED.REV-P1/113/2020-REV dated 15.06.2020 --

Revised fairvalue of unnotified land should not be calculated from the applicants who remitted fees before the above mentioned date that is before 15.05.2020

REV-P1/219/2020-REV dated 20.02.2021 -- For applications submitted before 15.05.202, the date of the last order increasing the fair value of the land, the fair value is applicable on the date of submission of the application.

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Kerala Finance (No.2) Act,2020 (Gazette No.2055 dated 11.09.2020)

iv A) “ fair value” means the fairvalue of the garden land adjacent to the unnotified land for which fairvalue has been fixed under section 28 A of the Kerala Stamp Act 1959(17 of 1959) or where such fairvalue has not been fixed for such land the fair value fixed for similar and similarly situated garden land.

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Kerala Finance (No.2) Act,2020 (Gazette No.2055 dated 11.09.2020)

(iv A) “ fair value” means the fairvalue of the garden land adjacent to the unnotified land for which fair value has been fixed under section 28 A of the Kerala Stamp Act 1959(17 of 1959) or where such fair value has not been fixed for such land the fair value fixed for similar and similarly situated garden land.

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It is all about calculating fair value.1. GO(P)No.188/2014/TD dated14.11.2014 Increased the fair value 50% (100+50=150)

2. GO(P)No.43/2018/TD dated 31.03.2018 Increased the fair value 10% (150+10=165)

3. GO(P)No.70/2019/TD dated 30.04 2019 Increased the fair value 10% (165+10=181.5)

4. GO(P)No.47/2020/TD dated 31.03.2020 Increased the fair value as 200% (181.5+10=199.65 rounded to 200)

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Rule 13. Procedures for recording the change in revenue records by VO.

1. Tahsildar shall sent Proceedings allowing change in nature of land based on the order of the RDO.

2. Record the details in Thandaper Register and Supplementary BTR.

3. The land for which sanction is given to be recorded as പുരയിടം in Supplimentary BTR ( as per circular No. REV-P1/157/2019-REV dated 23.05.2019 -- Recording in the Revenue Records as

സ്വഭാവവ്യതിയാനംനടത്തിയപുരയിടം (Modified dryland).

4. Make changes in the Thandaper Register with Signature of VO and report that all procedures completed to Tahsildar.

5. Enter all the details in Register (Form 10).

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G.O(Ordinary)No.1166/2020/Rev.Dated 25/02/2021 of Revenue (P) department

1. No fee for Land up to 25 cents. This exemption is for wet land under the ownership of the applicant not exceeding 25 cents effective as on December 30, 2017.2. For wet land above 25 cents a fee of 10% of the fair value will be charged irrespective of the panchayat, municipality or corporation and 20% of the fair price will be charged for land above one acre.

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Creation of subdivision and change in revenue records.

Various Application Forms.

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