Govt notifies rules for change of land use from agri to non-agri purposes
Jammu and Kashmir administration on Friday notified Jammu and Kashmir Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations, 2022 almost a month after approving regulations for conversion of agricultural land to non-agricultural.
As per the regulations, the time period for deciding application for grant of permission shall ordinarily be 30 days.
“In exercise of the powers conferred by the sub-section (4) of section 133-A read with sub-section (2) of section 5A of the Jammu and Kashmir Land Revenue Act, Samvat, 1996, the Board of Revenue hereby notify the regulations, namely Jammu and Kashmir Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations, 2022”, read the order issued by Rishpal Singh, Additional Commissioner (Central) in the office of Financial Commissioner, Revenue.
As per the regulations, every application for permission for conversion of use of land from agriculture to Non-agriculture shall be filed on the web portal of the District Collector concerned.
The District Collector shall forward the application to the Revenue field agencies for verification and records and shall also endorse a copy of the application to the Power Development Department, Public Works Department, Irrigation Flood Control, Jal Shakti Department, National Highway of India (as the case may be), Railways/Airport Authority (if required) and any other relevant agency/department for verification and no objection in this regard, the regulations reads.
Thereafter the application shall be placed before the District Level Committee, which shall comprise of District Collector concerned as Chairman, Assistant Commissioner (Revenue) as Member Secretary. Senior-most officers in the district of the departments Public Works (R&B), Irrigation & Flood Control, Power Development Department, Pollution Control Committee (if required), Agriculture, Industries and Commerce, Development Authority of the District, Forests as a member. Any other Member (s) co-opted by the Chairman
The District Level Committee after considering the genuineness of the claim shall give its recommendations and the proceedings of deliberations of the Committee shall be maintained by the Assistant Commissioner (Revenue) concerned and annexed with the case for consideration by the competent authority.
The District Level Committee shall meet on a weekly basis, on a fixed day of the week, duly notified for information of the general public and the applicants, to consider the cases regarding change of the land use. However, the District Collector concerned may arrange additional meetings to dispose of the cases.
In order to ensure timely disposal of the applications, the District Collector shall forthwith communicate deficiencies within a week of receipt of the application, and any additional observations after consideration by the district level committee, preferably after its first meeting and at the most the second meeting. The line departments shall ensure conveying their comments to the District Level Committee well in time to adhere to the timelines indicated herein.
District Collector shall ensure that decision/comments on the application are necessarily conveyed to the applicant in the prescribed time frame and, preferably, the third meeting after the application, complete in all respects and without any deficiencies, is received and considered by the committee. In case no such communication is issued by the District Collector, he shall ensure that the matter is also brought immediately to the notice of the Oversight Committee in the Revenue Department after three weeks of receipt of the application, complete in all respects.
All the pending applications shall be reviewed in each meeting irrespective of the stage at which it is pending.
The District Collector shall issue a demand notice to the applicant once the case is recommended by the District Level Committee to deposit the conversion fee of the said land to the government under Account Head 0029 and submit a copy of Treasury Challan within 07 days from the date of issuance of demand notice.
Conditions for permission- permission to convert the use of agricultural land for any non-agricultural purpose may be granted by the District Collector, after recommendations from the District Level Committee and after depositing the requisite fee. The permission shall be granted subject to the following among other conditions.
The grant of permission shall be subject to the provisions of the Jammu and Kashmir Land Revenue Act and Rules made thereunder. The land shall not be used for a purpose other than that for which permission is granted. The applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the District Collector in that behalf, failing which, unless the said period is extended by the District Collector from time to time, upto the maximum period of two years from the first date of permission, the permission granted shall be deemed to have lapsed.
The applicant shall be liable to pay such additional levy/conversion fee/ charges as may be determined with reference to the altered use/ extension of time, as the case may be.
Any other reasonable conditions which the District Collector may deem fit to impose having due regard to the sanctioned use of the land. The action for any violation shall be taken by the ACR/SDM concerned under the provisions of the Act.
Conversion Fee- For conversion, the concerned landowner shall be charged a fee equivalent to an amount of rupees five (5) percentum of the market value of the land as notified for the purpose under the Stamps Act. If subsequently land use is changed for a purpose other than that for which permission has been given, then the fee, if applicable, on the differential market value shall be charged after permission for the purpose is accorded by the District Collector concerned.
Time Period.- The time period for deciding application for grant of permission shall ordinarily be 30 days;
Provided that if no decision/comment is conveyed within a period of 30 days after receipt of application complete in all respects, the District Collector shall, deeming due consideration, grant permission exercising the powers vested in him. He shall also report the details of such cases with an explanatory note to the Revenue Department;
Provided further that the period of 30 days shall be counted from the date of addressing all the deficiencies as may be communicated by the District Collector.
The District Collector shall furnish a statement on a prescribed ‘Form-IV’ to the Divisional Commissioner, Board of Revenue and the Revenue Secretary on monthly basis.
Monitoring of implementation of these Regulations- (1) The Assistant Commissioner (Revenue), Sub-Divisional Magistrate and Tehsildar concerned shall be responsible for monitoring the implementation of these regulations within their respective areas of jurisdiction.
If any violation is noticed by or reported to, the Assistant Commissioner (Revenue), SDM or Tehsildar concerned as the case may be, action, as required under the Act, shall be taken.
It shall be also the duty of every Agriculture Extension Officer to report violations of these regulations in their respective areas of jurisdiction to the Assistant Commissioner (Revenue), SDM or the Tehsildar concerned and in case he fails to do so and he shall be treated as a dereliction of duty on his part and he shall be liable to disciplinary action for such dereliction.
Action for land converted in violation- in case any land is converted in violation of the provisions of the section-133-A of the Act and these regulations, then action, as warranted under 133-C of Act, shall be taken recourse to by the District Collector concerned.
