PANAJI
Pending notification of the Rules under Goa Restriction on Transfer of Agriculture Land Act 2023, the State government has directed the Sub-Registrars not to refuse sale deed registration of any such land or seek any proof from buyers of being agriculturalists.
However, in case of suspicious transactions, if noted, the sale deed registration has to be referred to the District Collectors for their nod.
The State government had in April notified the Goa Restriction on Transfer of Agricultural Land Act 2023, following Governor’s consent. The Act, which prohibits sale of agricultural land for non-agriculture purposes without the Collector's nod, was passed during the Budget Session of the State Legislative Assembly amidst protest and walkout by the Opposition.
In a circular issued on July 28, State Registrar Parag Nagarcenkar has informed that though the government enacted the Act, the Rules are not yet notified.
“Till the notification of the Rules, the Sub-Registrars shall not refuse registration of any such land mentioned in the Act, or demand any proof of being an agriculturalist from any buyer as they are neither empowered to do so under the Registration Act 1908 nor the above mentioned Act,” Nagarcenkar said.
However, he said that in case the Sub-Registrars are suspicious of any transactions in violation of the said Act, they may refer the registered deeds to the respective Collectors for necessary action.
The Act empowers the Collector to make exceptions and permit the transfer of agricultural land to non-agriculturists if land is required for agriculture by an industrial or commercial undertaking or if the land is required by a co-operative farming society.
It also speaks about reverting land to the government three years from the date of abandonment or discontinuation of the farming activity.
Any transfer of agricultural land in contravention of the provisions will be considered as null and void in the eyes of law. Also, the Mamlatdars are granted powers to settle the matter with regards to whether the piece of land is agricultural or not, after conducting inquiry.
