In a surprise move, a circular issued by the Registration Department of the State government has directed all sub-registrars not to refuse registration of any land under the Goa Restriction on Transfer of Agriculture Land Act 2023 till the rules are notified. The circular also directs the sub-registrars not to demand proof of being an agriculturist from any buyer "as they are not empowered under the Act". However, the circular does state that if any suspicious transactions appear to be violative of the Act, the sub-registrars are advised to refer the registered deeds to respective collectors for necessary action.
The Goa Restriction on Transfer of Agricultural Land Bill 2023 was passed in March this year with an avowed objective of barring the purchase of agricultural land by non-agriculturists. The move came against growing concerns that non-Goans buy agricultural properties, basically paddy fields, in Goa and use them for residential and commercial purposes. The government disclosed that the legislation was aimed at barring owners of such land from selling, exchanging, leasing, or even transferring the land to a non-agriculturist.
On the flip side, non-Goans, intending to buy such properties were to first produce a certificate from competent authorities establishing their status as farmers. The exception for sale is "special cases" where a commercial undertaking needs the land for its agricultural needs and if the collector verifies that the non-agriculturist intends to take up agriculture and can cultivate. Other exceptions include the government's right to take over agricultural land for a project.
While the Opposition and farm community picked holes into the legislation claiming it would promote farmhouse culture, Chief Minister Pramod Sawant had stoutly defended it, saying it would save the State's paddy fields from being taken over by buyers for non-agricultural purposes. Sawant said it was done keeping the interest of Goans at heart and that it will restrict people from places such as Delhi and other States from purchasing paddy fields in Goa and "converting" them commercially. "Some people are opposing the Bill because they want to sell agricultural land"; the government is trying to save nature,"he had said then.
However, the circular not to refuse land registration under the new law until rules are notified clearly violates the spirit of the law and exposes the hollowness of claims that agricultural land is being protected. On the contrary, the government should have shown intent and put a blanket freeze on all such transactions, even pending notification of rules.
Through the circular, it appears an attempt is being made to allow transactions that could be barred once the rules are in force. The directive shows that the government lacks the will and intent to execute the safeguards spoken at length in the Legislative Assembly and outside.
While the government has been slamming activists and Opposition parties for raising a hue and cry, such clandestine decisions create a suspicion of behind-the-scene dealings and, to a far extent, erode the trust in lawmakers. The circular speaks of a mind unconcerned about Goa's loss.
