Tuesday, November 19, 2013

PURCHASE OF AGRICULTURAL LAND

     An Artical about PURCHASE OF AGRICULTURAL LAND

     Purchase of Agricultural Land Involves compliance of venous statutes, in addition to the regular acts like transfer of property, registration acts, stamp acts, Indian contract act. There are various restrictions on sale / purchase of agricultural land, which are imposed in Karnataka Land Reforms Act.1961, Karnataka Land Grant Rules 1969. Karnataka Village Officers Abolition Act 1961, Karnataka Land Revenue Act 1961, BDA Act 1976 and Land Acquisition Act (Central) 1976.

     These restrictions on purchase sale of agricultural land are applicable only in Karnataka, and many other states do not have such restrictions. We shall first understand the words agricultural land, agriculture, agricultural labour and agriculturalist. The word Agriculture encompasses aquaculture (fishery), horticulture, arising of crops, grass, garden products, dairy farming, poultry farming, breeding of live stock (animal husbandry) grazing. Any land which is used and capable of being used for any of above purpose is an agricultural land. Agricultural land does not include house sites or land used exclusively forenoon- agricultural purpose. Verification of revenue records is necessary to ascertain whether the land is agricultural land or not.

A person who cultivates land personally, that by himself or by the members of his family or by hired labourers servants under his personal supervision or of his family member, is an agriculturist. Wages to the servant’s labors should not be in the form of share in the crops, but may be paid in the form kind or cash.

A person who lives mainly on the earnings out of manual labour on agricultural land including the one who prepares agricultural implements is an agricultural labours.

Karnataka land reforms act 1961 has put certain ceilings on agricultural land holdings per family / per person. Family includes, the individual, wife or wives, minor sons and unmarried daughters. The ceiling is Ten units. If the family comprises more than five members, an additional two units per every member in excess office is allowed subject to maximum 20 units. In case of tenant, it is 40.units.

     The area of unit differs with the class of the land. Land is classified in to 4 classes based on irrigation facilities. Land having assured irrigated facilities from government canal, government tanks by which two crops of paddy or one crop of sugarcane can be cultivated in a year is A class lands.1.3 acres of A class land is one unit.

Lands with assured irrigation from government canal, government tank by which only one crop of paddy can be cultivated or lands irrigated by lift irrigation project of state government by which two crops of paddy or on crop of sugarcane can be cultivated in a year is 'B' class land. 2.5 acres of 'B' class land is one unit.



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