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THE KERALA LAND USE BILL, 2002

A Bill to make provision for the promotion of agriculture growth in the State and for the constitution of a State Land Use Commission for the purposes of advising the Government on land use policies and planning and for laying down the parameters and guidelines for land use planning both at the macro and micro level in the State and for matters connected therewith or incidental there to.

Preamble. – WHEREAS, it is expedient to make provision for the promotion of agriculture growth in the State and for the constitution of a State Land Use Commission for the purposes of advising the Government on land use policies and planning and for laying down the parameters and guidelines for land use planning both at the macro and micro level in the State and for matters connected therewith or incidental thereto;

BE it enacted in the Fifty-third Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Land Use Act, 2002.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

Definitions. - (1) In this Act unless the context otherwise requires, -
(a) “agriculture” includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, mules, pigs, fish, poultry and bees and use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garden to be used along with such building and “agricultural” shall be construed accordingly;

(b) “agricultural year” means the year commencing with the 1st April in any year and ending with 31st March of the year next succeeding, except in the case of kole nilams in which case it shall be the year commencing with 15th June in any year and ending with 14th June of the year next succeeding:

Provided that the collector may, with respect to any crop, area or category of land within his district, by notification in the Gazette, specify the year between such other dates as he may deem fit as an agricultural year;

(c) “command area” means the command area as defined in the Kerala Command Area Development Authority Act, 1986 (37 of 1986);

(d) “Command area development authority” means command area development authority constituted under section 3 of the Kerala Command Area Development Authority Act, 1986 (37 of 1986);

(e) “Commission” means the Kerala State Land Use Commission constituted under section 3 of this Act;

(f) “Collector” means Collector of the District;

(g) “double-cropnilam” means nilam on which more than one crop of paddy is ordinarily raised in an agricultural year;

(h) “District planning committee” means the committee for district planning constituted for a district under Article 243 XD of the Constitution of India;

(i) “Government” menas Government of Kerala;

(j) “grama panchayat” means grama panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(k) “grama sabha” means the grama sabha constituted at village level as per the provisions of the Kerala Panchayat Raj Act, 1994 (13 of 1994)

(l) “guide lines” means guidelines prepared by the Commission under section 12 of the Act:

(m) “Inter Expert Committee” means inter expert committee constituted under section 6 of the Act;

(n) “Local Self Government Institution” means a grama panchayat or a municipality;

(o) “municipality” menas a municipality, corporation or a municipal council or a town panchayat constituted under the Kerala Municipality Act, 1994 (20 of 1994).

(p) “ward committee” means the ward committees constituted in each ward of a Municipality under the Kerala Municipality Act, 1994 (20 of 1994);

(q) "Ward Sabha" means the ward sabha constituted at ward level as per the Kerala Munucipality Act, 1994 ( 20 of 1994).

(2) Words and expressions used but not defined in this Act but defined in the Kerala Land Reforms Act, 1963 (1 of 1964) shall have the same meaning as assigned to them in that Act.

3. Constitution of Land Use Commission. - (1) As soon as may be after the commencement of this Act, the Government may, by notification in the Gazette, constitute a Commission called the Kerala Land Use Commission (hereinafter called the Commission).

(2) The Commission shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

(3) The head quarters of the Commission shall be at Thiruvananthapuram.

4. Composition of the Commission. - The Commission shall consist of a Chairman who shall be an eminent person having knowledge in the field of land use appointed by the Government and of the following other members, that is to say,-

(a) Agricultural Production Commissioner to the Government of Kerala – ex-officio, who shall be the Vice-Chairman of the Commission;

(b) Five eminent experts in the fields of remote sensing, earth sciences, land use and soil science, agriculture and water resources nominated by the Government;

(c) Five public men with experience in the field of agriculture including progressive farmers nominated by the Government, of whom two shall represent persons experienced in Local Self Government Institutions.

(d) The Land Use Commissioner of the Government who shall be the Member Secretary of the Commission.

5. Functions and powers of the Commission. - (1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Commission shall be to advise the Government in matters relating to policy formulations of land use and frame guide lines for the preparation of land use map and plan both at district and at the level of grama panchayat or municipality and to assist the District Planning Committee and Local Self Government Institutions in preparing and implementing land use plan.

(2) In particular and without generality of the forgoing functions the Commission shall have the following powers, namely: -

(i) to prepare and update data on land use in the State and monitor the same from time to time for development purposes;

(ii) to play a major role as disseminating and awareness creating agency on the management and sustainable development of land resources;

(iii) to provide a forum for sharing information and experience on land use;

(iv) to lay down the parameters and guidelines for land use at state, district level and at the level of village panchayat or municipality;

(v) to co-ordinate and provide direction to bring about the scientific and integrated approach to the use of land resources;

(vi) to advise Government on land use policies and on institutional co-ordination and changes that are necessary for healthy and scientific management of land resources;

(vii) to co-ordinate the activitise of different departments of the Government involved in the preparation and implementation of the land use programme of the Commission.

(viii) carrying soil survey and prepare geographical information system;

(ix) perform any other function, as may be directed by the Government from time to time;.

6. Constitution of Inter Expert Committee. - (1) The Government shall, by notification in the Gazette, for the purposes of assisting the functions of the Commission under this Act or rules made thereunder constitute an Inter Expert Committee consisting of not more than fifteen members from heads of concerned departments of Government, representatives of Science and Technology Institutions, Universities and Local Self Government Institutions in the State.

(2) The Agricultural Production Commissioner shall be the Chairman of the Inter-Expert Committee.

7. Functions of the Inter-Expert Committee. - (1) Subject to the provisions of this Act and the rules made thereunder, the Inter Expert Committee shall assist the Commission in the discharge of its functions under this Act.

(2) The Committee shall exercise such powers and perform such functions as may be directed by the Commission, from time to time.

(3) The Committee shall meet at such intervals as may be decided by its Chairman and observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations.

8. Disqualification for the membership of the Commission and Committee. – No person shall be qualified for being nominated as, and for being, a member of the Commission or in the Inter-Expert Committee, if he,-

(a) had been convicted and sentenced to imprisonment of an offence which, in the opinion of the Government involves moral turpitude; or

(b) is of unsound mind and is so declared by a competent court; or

(d) has been removed or dismissed from the service of the Central Government or the State Government or from the member ship of the Commission; or

(e) has directly or indirectly, by himself or by his partner any share or interest in any work done by the order of the Commission or in any contract or employment with or under or by or on behalf of the Commission.

(f) is employed as a legal practitioner on behalf of the Commission or accepts employment as legal practitioner against the Commission.

9. Term of Office. - (1) The Chairman and other nominated members of the Commission shall hold office during the pleasure of the Government:

Provided that the Chairman and nominated members shall hold office for a term of five years from the date on which they enter upon their office.

(2) The term of nominated members of the Inter Expert Committee shall be co-extensive with the Commission.

(3)The Chairman and members of the Commission and members of Inter Expert Committee shall be entitled to such allowances as may be prescribed.

10. Casual Vacancies.- Any casual vacancy caused by the resignation of a nominated member of the Commission or the Inter Expert Committee or by any other reason may be filled by the Government or as the case may be, by the Commission by nomination, and such person shall hold the office of the remaining period for which the member in whose place he is nominated would have held office.

11. Meeting of the Commission. - (1) The Commission shall meet at least once in three months generally in its office or at such other place as decided by the Chairman and observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations.

(2) The Chairman or in his absence the vice-chairman and in the absence of both any member chosen by the members present from among themselves shall preside at the meeting of the Commission.

(3) All questions at a meeting of the Commission shall be decided by the majority of votes of the members present and in the event of equality of votes, the Chairman shall have a casting vote.

(4) Quorum for a meeting of the Commission shall be six.

12. Preparation of guidelines by the Commission.- (1) The Commission shall within two years from the date of its constitution prepare detailed guide lines to be followed by the Local Self Government Institutions for the preparation of their land use map and plan.

(2) The guidelines may contain the procedure to be followed by the Local Self Government Institution -

(a) for the preparation of land use map and plan for their respective area;

(b) for the preservation of double crop nilams in the area;

(d) for the use of agricultural lands for tourism related activities;

(e) for the co-ordination of the activities of command area development authority and any other development authority if any prevailing in the area;

(f) such other matters as may be laid down in the regulations ;

13. The functions of Local Self Government Institutions.- Subject to the provisions of this Act and the rules and regulations made thereunder, the Local Self Government Institutions shall have the following functions, namely: -

(a)prepare a framework for land use planning within their area of jurisdiction based on guidelines issued by the Commission.

(b) conduct participatory social audit of land use plan implementation in accordance with the social audit policy of Government.

(c) to refuse licences and permits under the provisions of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or as the case may be, the Kerala Municipality Act, 1994 (20 of 1994) to those who have violated the conditions in the land use plan of the Local Self Government Institutions.

(d) to grant exemption for conversion of land in accordance with the land use plan and approved guidelines.

(e) to exercise such other functions as may be prescribed by rules or regulations.

14. The procedure to be followed by the Local Self Government Institutions for the preparation of Land use map and plan. - (1) The Local Self Government Institution shall, within six months after the publication of the guide lines by the Commission or within such further time as the Commission may extend from time to time but not later than one year after the publication of the guide lines, prepare an existing land use map and plan for the area within their jurisdiction in accordance with the guide lines indicating the present use of every piece of land in the area.

(2) The Local Self Government Institutions may constitute functional committee for each ward consisting of the ward member of the Local Self Government Institutions and such number of experts and stake holders for the purpose of preparing and implementing land use plan.

(3) The land use map and plan prepared by the functional committees may be placed before the concerned grama sabha, ward sabha or the ward committee, as the case may be, for obtaining their suggestions on detailed land use planning. The Land use map and plan together with the suggestions of the grama sabha, ward sabha or ward committee may be forwarded to the concerned Secretary, Local Self Government Institution.

(4) The Secretary to the Local Self Government Institution shall consolidate all plans received under sub-section (3) and got vetted through authorized experts recognized by the Land Use Commissioner and place before the meeting of the Local Self Government Institution for their approval.

(5) The Land use map and the plan as approved by the Local Self Government Institution may be forwarded to the District Planning Committee.

(6) The District Planning Committee shall approve the land use map and plan of each Local Self Government Institution and consolidate all the land use map and plan received from the Local Self Government Institutions in the district and frame a land use map and plan for the entire district also.

(7) In preparing the land use map and plan for the entire district, the District Planning Committee shall be guided by such parameters and guide lines as may be laid down by the Commission.

(8) The land use map and plan approved or prepared by the District Planning Committee shall be forwarded to the concerned Local Self Government Institutions and the Commission.

(9) The land use map and plan approved by the District Planning Committee shall be final and binding on all Local Self Government Institutions and also on all landowners of such land.

15. Publication of land use map and plan. - (1) Local Self Government Institution shall, as soon as may after the approval of the land use map and plan by the District Planning Committee publish the same in such manner as may be prescribed.

(2) One copy of the land use map and plan may be got registered under the provisions of the Registration Act, 1908 (Central Act 16 of 1908)in the manner prescribed.

(3) Copies of land use map and plan may be made available for sale by the Local Self Government Institution to the public.

16. Functions of District Planning Committee. - The District Planning Committee, in addition to functions entrusted to it under the Kerala Municipality Act, 1994(20 of 1994) shall exercise the following powers and functions, namely: -

(1) to assist the Local Self Government Institutions in preparing the land use plan within the time schedule.

(2) to arrange technical help for Local Self Government Institutions to prepare and implement land use plan.

(3) to settle the disputes between Local Self Government Institutions and owners of land, if any that may arise in preparing and implementing the land use plan.

(4) to unify the punitive provisions contained in the land use plans of Local Self Government Institutions.

(5) to hear appeals from the decisions of Local Self Government Institutions.

(6) to exercise such other powers and functions as are laid down in the rules or in the regulations.

17. Penalty for use of land otherwise than in conformity with the land use plan.- Any person who, whether at his own instance or at the instance of any other person or anybody, undertakes or changes use of any land, -

(a) in contravention of any land use plan; or

(b) in contravention of any land use plan, without obtaining exemption from the concerned Local Self Government Institution; or

(c)in contravention of any condition subject to which such exemption has been granted;

shall, on conviction be punishable with simple imprisonment for a term which may extend to one year or with a fine which may extend ten thousand rupees or with both.

18. Power to stop unauthorized use of land. - (1) Where any unauthorized use of land as described in section 17 is being carried out but has not been completed, the Secretary to the Local Self Government Institution concerned may serve on the owner and the person carrying out the unauthorized use, a notice requiring the unauthorized use of land to be discontinued from the time of the service of such notice.

(2) Any person, who continues to carry out unauthorised use of land, whether for himself or on behalf of the owner or any other person after such notice has been served, shall be punishable with simple imprisonment for a term which may extend to one year or with fine, which may extend to ten thousand rupees or with both.

19. Power of Secretary to District Planning Committee in case of failure on the part of Local Self Government Institutions to take timely action. - Notwithstanding any thing contained in this Act, the Secretary, District Planning Committee, shall be competent to take all steps to stop unauthorized land use or to stop the use of land otherwise than in conformity with the provisions of land use plan.

20. Merger of Kerala Land Use Board and transfer of its assets and liabilities.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect on and from the date on which this Act comes into force, the Kerala Land Use Board shall, by virtue of this section, be deemed to have been merged in the Commission.

(2) All properties and all sites of whatever kind used, enjoyed or possessed by and all interests of whatever kind owned or vested or held by the Kerala Land Use Board, shall, with effect on and from the commencement of this Act and subject to such directions as may be issued by Government in this behalf, vest in the commission.

(3) Every officer or other employee employed immediately before the commencement of this Act in connection with the affairs of the Kerala Land Use Board shall, as from such commencement become an officer or other employee of the Commission and shall hold his office by the same tenure, remuneration and terms and conditions of employment and other matters as he would have held under the Land Use Board, if this Act had not been enacted and shall continue to do so unless and until his employment under the Commission is terminated or until his remuneration, terms and conditions are duly altered by the Commission.

21. Government grant to the Commission. - (1) The Government may make every year a grant to the Commission of a sum, which is necessary for the functioning of the Commission in accordance with the provisions of this Act.

(2) The Commission shall keep complete accounts of their financial transactions in such form as may be prescribed.

22. Audit of Accounts.- The account of the Commission shall be audited by such auditors as may be appointed by the Government.

23. Annual report and audited account. - (1) The Member Secretary of the Commission shall in respect of each year, prepare a report of the working of the Commission during that year along with such information and particulars as may be prescribed and submit such report together with the audited account of the Commission to the Government.

(2) The Government shall on receipt of the annual reports cause the same to be laid on the table of the Legislative Assembly.

24. Power to make rules. - (1) The Government, may by notification in the Gazette make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a period of fourteen days which maybe comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

25. Power of the Commission to make regulations. - The Commission may, subject to the provisions of this Act and the rules made there under and with the previous approval of the Government, by notification make regulations generally to carry out the purposes of this Act.

26. Validity of acts and proceedings. - No act done, or proceedings taken under this Act, shall be questioned merely on the ground, –

(a) of any vacancy or defect in the constitution of the Commission; or

(b) of any defect or irregularity in such act or proceedings not affecting the merits of the case.

27. Repeal. - The Kerala Land Utilisation Order, 1967 is hereby repealed.

28. Transitional provision. - Notwithstanding the repeal of the Kerala Land Utilisation Order, 1967 until the guidelines are issued by the Commission within the period specified in section 12,-

(a) no owner of a double crop nilam shall utilize the nilam for cultivation other than paddy cultivation.

(b) other kinds of paddy fields can be utilized for seasonal cultivation including fish farming during an agricultural year.

(d) exemption to convert nilam or other lands for non-agricultural purposes including tourism or other agricultural purposes will be granted by the Secretary, District Planning Committee.

STATEMENT OF OBJECTS AND REASONS

The integrated use and management of land, water and vegetation are essential for human life. During three to four decades after independence, the fast growing population and chronic scarcity of food led to extension of area under cultivation including denudation of forests bringing more areas under irrigation either through surface or ground water, application of chemical fertilizers and pesticides on a large scale and introduction of new varieties which demanded more of them. Mean while, in response to the acute food scarcity, Land Utilization Order was promulgated in 1958 and later amended with enlarged powers in 1967, under the Essential Commodities Act, 1955. The order sought to protect areas under food crops especially paddy, through stringent measures of prohibition of alternate agricultural use or non-agricultural use. It even provided that lands left fallow could be taken over for cultivation by Government. It is widely acknowledged that this order has been observed more in breach and that the permission for conversion, where sought and granted, has been largely without any established and transparent criteria of land use. In the middle of 1970’s the need to reverse land degradation and soil loss before appropriate land use was stressed at the highest level in the Government of India and States were advised to promulgate land use policy and establish Land Use Board. While a Land Use Board was formed in 1974 in Kerala and later reconstituted in 1984 there has been no enunciation of a land use policy and the Board has been functioning in a minimal way doing surveys and preparing plans with little or no influence on the actual land use in the State. With the introduction of decentralization under the constitutional mandate, “deciding on optional land use” has become one of the functions of Grama panchayats and municipalities. It has been held by the High Court (Manjapra Grama Panchayat Vs Deputy Director of Panchayats Ernakulam and others 1995 (1) KLT 419) that the Kerala Land Utilisation order cannot override this power specifically entrusted to the Local Self Government Institutions. The latter on their part do not also have technical data or objective criteria to determine “optional land use”.

2. In this background it is necessary to enact a legislation for the creation of an apex professional and technical body after winding up the existing land use Board, which will work through existing agencies and the Local Self Government Institutions, by setting standards and issuing guidelines which will be binding on the former and advising Government on land use policies.

3. The Bill seeks to achieve the above objects.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the constitution of Kerala Land Use Commission with official and non-official members. The Commission shall be a body corporate having perpetual succession and a common seal which requires the traveling allowance and sitting allowances to the Chairman and members for attending the meeting of the Commission. There may be variation in the amounts to be spent under these items depending on the number of meetings convened and the venue of the meeting. These amounts will have to be paid from the funds of the Commission, which is allotted by the State Government every year from the budgetary provision. However, exact amount that may be paid to the Commission from the Consolidated Fund cannot be calculated at any degree of accuracy.

MEMORANDUM REGARDING DELEGATED LEGISLATION

1. Clause 3 of the Bill seeks to empower the Government to constitute a Commission by notification in the Gazette.

2. Clause 6 of the Bill seeks to empower Government to constitute an expert Committee by notification in the Gazette for the purpose of assisting the function of the Committee.

3.Clause 24 of the Bill seeks to empower the Government to make rules by notification in the Gazette to carry out the purposes of this Act.

4. The above are matters of an administrative or of routine nature or matters of detail. Further the rules after they are made are subject to scrutiny by the Legislative Assembly. The delegation of legislative power is therefore of a normal character.