ISSUES CONNECTED WITH LEASING OF CULTIVABLE FALLOW LANDS IN KERALA AND LEGAL MEANS TO REDRESS IT

Dr. D Sajith BabuDeputy CollectorGovernment of Keralasajithrevenuedc@gmail.com09447271243

ESDK,2009-10

SOME FACTS ABOUT KERALA Total number of households in Kerala : 78 53 754

[NSSO,2003] Average size of households : 0.234 ha [NSSO,2003]

Household ownership holdings ( NSSO, 59th round) : 13 32 600 ha

Total number of houses in Kerala : 1 12 17 853 [Census, 2011]

Keralites living outside the country: 13 84 000 Number of vacant houses : 11 89 144

Number of persons directly linked to agriculture :6 70 253 [Cultivators] & 13 22 850 [Labourers]

Issue No.I: Loss of total production Fallow lands seldom contribute anything “directly” to the

production sector of the State

Issue No.II: Chances of mis-appropriation of landCase study of Mr. Johnson:

A man living in New York Owns 1.16 acres of land in a village in Kattakkada taluk He has sale deed of 2009 registered under Registration

Act, 1908 He has a thandaper created under Transfer of Registry

Rules, 1966 He has Encumbrance Certificate issued in his name with

perfect established lineage

STILL SOMEONE WITH THE HELP OF A FEW COULD CONVINCE THE COURT THAT HE IS NOT THE ACTUAL

OWNER OF THE LAND

Issue No.III: Using the same as temporary waste dumping grounds and breeding sites

for infectious organisms

Police and LSG register case against the owner of the land, if the owner does not produce PROOF with camera footage to prove that someone else had done it.

BEST WAYOUT• Convince the absentee land owners about the above

issues

• Make formal arrangements for making such lands available on lease for augmenting agricultural production of the State through intervention of Self Help Groups like Kudumbasree

• Such formal arrangements would help to bring in confidence among the absentee land owners for letting out agricultural lands for long and short term leases

FORMAL ARRANGEMENTSThe approach can be many fold:

a. Agreement under The Kerala Buildings [Lease and Rent Control] Act, 1965

b. The Jilla Vikasana Samithi can direct the District Collectors to take possession of fallow lands under Land Utlisation Order, 1967 and hand over the same to the women groups for cultivation

THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965

2. Definitions.- In this Act, unless the context otherwise requires,- (1) “building” means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes- (a) the garden, grounds, wells, tanks and structures, if any, appurtenant to such building, hut or part of such building or hut, and let or to be let along with such building or hut;

A FORMAL AGREEMENT OF TENANCY CAN BE CREATED UNDER REGISTRATION ACT, 1908

KERALA LAND UTILISATION ORDER, 1967 Land cultivated with fish, sugarcane,

vegetables, tapioca, yam, tea, coffee, cardamom, pepper, groundnut, cocoa and banana should not be left fallow

If left fallow, in the above kinds of land, District Collector can auction the “Right to cultivate” even to the “Group Leaders” by clause 5[1][b] or 7[1] for a period of three years, through public auction. Certificate of “Right of sale” can be issued in Form D as per clause 5[4]

Paddy lands can be brought under cultivation as per Section 16 of The Kerala Conservation Of Paddy Land And Wetland Act, 2008

KERALA LAND REFORMS ACT, 1963 Sn. 74: Prohibition of future tenancies: After

commencement of the this Act no tenancy shall be created in respect of any land after 01.04.1964

Chapter II : Provisions regarding tenancies: Exemptions

Sn.3[iii] Leases of land or of building or both specifically granted for industrial or commercial purpose

“DECLARING AGRICULTURE AS AN INDUSTRY”

If the State Government can do it, then it would help in executing formal lease agreements under Registration Act, 1908

If not possible to declare agriculture as “industry” at least declare “agriculture” as a “commercial activity”

THANK YOU

Dr. D Sajith BabuDeputy CollectorGovernment of Keralasajithrevenuedc@gmail.com09447271243