PANAJI
The State government on Tuesday notified one of the two controversial Agricultural Bills -- The Goa Restriction on Transfer of Agricultural Land Bill, 2023 -- after an assent from Governor P S Sreedharan Pillai, despite facing vociferous criticism from the Opposition parties and activists.
The Bill, which was introduced and passed in the Budget session of the Legislative Assembly, consisted of provisions for industries, cooperative farming societies, and non-agriculturists who intend to buy agricultural land to pursue farming. With this notification, the provisions of the Act have come into force in the State.
"No person who owns or occupies or is in possession of agricultural land shall transfer such land by way of sale (including sale in execution of a decree of a civil court or for the recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange, lease or by any other mode of transfer, in favour of a person other than an agriculturist," the notification by Sandip Jacques, Secretary to the Secretariat (Law Department) states.
The notification also prohibits transfer of agricultural land by way of sale, gift, exchange, lease or by any other mode to non-agricultural. The clause comes even as activists have been arguing that certain exceptions in the now notified Bill undo the protections that ensure agricultural land remains with local farmers and tenants.
The notification further speaks about empowering Collectors to permit the transfer of land to non-agriculturists if it is required for agriculture by an industrial or commercial undertaking or a cooperative farming society. Land can also be transferred to non-agricultural only if they intend to take up agriculture and are capable of cultivating land personally in three years.
The farmers cannot sell agricultural land to non-agriculturists unless the Collector concerned grants permission. The permission may be granted in special circumstances, such as when an industrial or a commercial undertaking needs land for agriculture in connection with its operations. The land can also be transferred if it is required by a cooperative farming society. If a non-agriculturist intends to take up agriculture and is capable of cultivating the land personally, the collector may consider permitting the transfer. If a person intending to take up agriculture acquires the land, he or she will have to sustain farming.
"Where in respect of the transfer of any land, the Collector suo moto or on the application of any person has reason to believe that such transfer is in contravention of section 3, he shall issue notice to the transferor and the transferee to show cause as to why the transfer should not be declared to be in contravention of said section 3, and shall also hold an inquiry to decide whether the transfer is in contravention of said section 3 or not," it further states adding, "If, after holding such inquiry, the
Collector declares that the transfer to be in contravention of section 3, the land in respect of which such contravention has taken place shall be deemed to be forfeited to the Government without the payment of any compensation."
The Opposition leaders had rushed to the well of the House, raising slogans over the government’s refusal to refer the Bill to a select committee. Chief Minister Pramod Sawant had played down criticisms stating the Bill aims to save the state’s paddy fields from being taken over by buyers for non-agriculture purposes, and the Bill was passed amid ruckus in the House.
