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Indian Government Frames Rule of Conversion for Agricultural Lands

The Revenue Department today framed Jammu and Kashmir Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations which empowered land owners to convert agricultural land for non-agricultural beyond 400 square meters for residential purposes.The concerned District Collector will head the District Level Committee which will examine the plea for conversion of agricultural land into non-agricultural and grant permission after recommendations from the Committee.

The Committee will have the Assistant Commissioner (Revenue) as the Member Secretary and will include senior most officers in the districts of Public Works (R&B), Irrigation & Flood Control, Power Development, Pollution Control Committee (if required), Agriculture, Industries and Commerce, Development Authority of the district, Forests and any other member(s) co-opted by the Chairman.

“The district level Committee will meet every week on a fixed day to consider cases for change of land use. The District Collectors will, however, be empowered to call additional meetings to dispose of the cases,” the Rules stated.

The Government has listed certain conditions on which the permission for conversion of land use will be granted.

“The grant of permission shall be subject to the provisions of the Jammu and Kashmir Land Revenue Act and Rules framed. The land shall not be used for a purpose other than that for which permission is granted,” as per the Rules.

The Rules stated that if the applicant doesn’t commence non-agricultural use applied for within one year from order of the date and up to the maximum period of two years from first date of permission, the permission granted shall be deemed to have lapsed.

The Assistant Commissioner Revenue/Sub Divisional Magistrate concerned can take action for any violation under provisions of the Act.

“For conversion of agricultural land, the owner will be charged fee equivalent to Rs 5 percentum of market value of the land as notified for the purpose under the Stamps Act. If subsequently land use is changed for a purpose other than that for which permission has been given, then the fee, if applicable on differential market value shall be charge after permission for the purpose is accorded by the concerned District Collector,” the Rules said.

The Revenue Department has fixed 30 days time limit for grant of permission.

“If no decision/comment is conveyed within a period of 30 days after receipt of application complete in all respects, the District Collector shall, deeming due consideration, grant permission exercising the powers vested on him and report details with explanatory notes to the Revenue Department. The timeline of 30 days shall be counted from the date of addressing all deficiencies as may be communicated by the District Collectors,” as per the Rules.

The Rules further stated that the Assistant Commissioner Revenue, Sub Divisional Magistrate and Tehsildar concerned shall be responsible for monitoring implementation of regulations within their respective areas of jurisdiction. They will take action on noticing any violations.

“It shall be the duty of every Agriculture Extension Officer to report violations of these regulations in their respective areas of jurisdiction to the Assistant Commissioner Revenue, SDM or the Tehsildar. In case he fails to do so, it shall be treated as dereliction of duty on his part and he shall be liable to disciplinary action,” the rules said.

Source: https://www.dailyexcelsior.com/govt-frames-rules-for-conversion-of-agricultural-land/

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