The state government made a big historical decision to made a big change in the land purchase rules.
Farmer:
A farmer is a person who cultivates the land himself. Farming means doing any agricultural work and farming by oneself means by one's own labor or by the labor of one's own family or under the personal supervision of one's own family who have to pay wages in cash but not as part of the crop. and/or farming at one's own expense that means a farmer.
Non-farmer:
Non-farmer mean The person who have not done any farming work till date and is not an inherited farmer.
Farm laborers can own their own land. :
First of all, who should be considered a farm laborer? A person who has been engaged in farm labor for 3 years and who does not have any agricultural land in his own name or joint name or inheritance of such land. The farm laborer should not engage in any occupation or related business other than farm labor. The annual income of such a person should not be more than Rs.2000.
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Such a persons who can obtain a certificate from the Mamlatdar, establish themselves as farm laborers and then purchase agricultural land anywhere.
Can a non-farmer buy his own land?
A farmer from a foreign country is not considered a farmer in Gujarat State and he cannot buy agricultural land in Gujarat. A non-farmer cant buy his own land as a partner with the farmer. It means that a non-farmer partner with a farmer cannot become a farmer by buying farmland. Even a person from Gujarat cannot buy agricultural land in Gujarat State under such circumstances.
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A non-farmer person or organization also has to obtain a farmer's certificate from the Deputy Assistant Collector to purchase agricultural land. And the certificate can be obtained in the following situations:
If a person wants agricultural land for non-agricultural work then.
- If the owner of that land has complied with the provisions of section no. 3.
- In circumstances where no farmer of the village in which the land is situated is willing to lease that land from the owner of that land.
- Whether the land is required for the benefit of an industrial-trading venture or for educational or charitable purposes.
- That land is wanted by the co-operative society.
- Land can be mortgaged. But for that the mortgagee has to get a certificate from the collector meaning "he assumes to do the farming business and agrees to cultivate the land himself".
- If a landowner wants to donate to a person who does not own any land. But he assumes to be a farmer himself. And wants to cultivate the land yourself. A certificate of that meaning is obtained from the Mamlatdar.
- A person who has done a recognized course of agriculture (Behavior of Agriculture) wants to start his own business and is committed to farming himself.
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If husband is not a farmer but the wife is a farmer's daughter then: If the husband is not a farmer but the wife is a farmer's daughter, then the wife has to first get the farmer's certificate by entering her father's name as co-owner in her father's account. She can then buy the farm land herself and her heirs son, daughter (not husband) will be considered as inherited farmer and farm land can also be bought in their name.
After the person who is displaced due to Narmada scheme, whether he is a farmer or a non-farmer, it is considered as a resolution of the revenue department dated 18-06-21 - 150 MR. As per 18, Gujarat has to be considered as a farmer in the state.
Illegally acquired agricultural land may be confiscated: According to the above rules, if a person is illegally occupying the land by transferring the land, the Collector may take action to vacate the land as per the provisions of section 4.
Quiz:
Question: If a farmer / account holder wants to sell / transfer his land, what should he consider?
Ans: In the area of Old Mumbai State under Section 3 of the Ganotdhara, in Kutch under Section 6 of the Kutch Ganotadhara and in the area of the old Saurashtra State under Section 4 of the Saurashtra Gharkhed Ganot Settlement and Agricultural Land Act, which has been implemented by the Nation Land Reform Act. It prohibits the transfer / sale of agricultural land to non-farmers. The farmer cannot keep the sale of such additional agricultural land even if the land is growing beyond the upper limit of the area.
Question: Is there any provision for a non-farmer to keep land from sale for quality farming?
Answer: Yes, if a non-farmer wants to keep the land for sale only for the purpose of farming, it is decided by the Deputy Collector / Collector. Under such conditions, he will be able to obtain a certificate from the sale, reward, lease or mortgage. In which the annual income of that person is Rs. Taking into account the fact that it does not exceed Rs. 2000 / - and the competent authority decides and gives such permission only if he is satisfied.
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Question: Is there any control if a farmer / individual wants to transfer his land to another farmer?
Answer: Yes, in the area declared as Scheduled Area of Gujarat, a tribal assumes that the agricultural or non-agricultural land given to him by the government for self-cultivation can be transferred to another person whether he is a farmer or a tribal but cannot be transferred or sold without prior approval of the Collector. Is illegal if done without prior approval. This does not include getting a loan from a co-operative or a land development bank for agricultural purposes. Hon'ble Gujarat High Court's definition of non-agriculture
Source: Chaitanya Limbachia
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