The historic decision of the state government made a big change in the rules of land purchase.
- In the state of Gujarat, prior approval of the District Collector will no longer be required for the purchase of agricultural land for the purpose of education including Agriculture University, Animal Husbandry, Medical.
The state government has taken a historic decision on land ownership that a person can buy land even if he is not a farmer. In the state of Gujarat, prior approval of the District Collector will no longer be required for the purchase of agricultural land for the purpose of education including Agricultural University, Animal Husbandry, Medical. An important decision has been taken in the cabinet meeting chaired by Chief Minister Vijay Rupani.
Who can become a farmer? What if a non-farmer buys farmland?
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. Or farming at one's own expense means a
farmer.
Non-farmer:
A person who has not done any farming work till date and is not an inherited farmer.
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. Or farming at one's own expense means a farmer.
Non-farmer:
A person who has 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.
Such persons can obtain a certificate from the Mamlatdar, establish
themselves as farm laborers and then purchase agricultural 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.
Such persons can obtain a certificate from the Mamlatdar, establish themselves as farm laborers and then purchase agricultural land.
Can a non-farmer buy his own land?
A farmer from a foreign country is not considered a farmer in Gujarat
and he cannot buy agricultural land in Gujarat: A non-farmer cannot buy
his own land as a partner with a farmer. This 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 under such
circumstances.
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.
- If the owner of that land has complied with the provisions of section 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.
- Receipt of Farmer Certificate is required to be used within one
year: Work has to be started within a period of 1 year from the date of
taking possession of the farm land for the reason that good permission
has been obtained.
source:: vikaspedia
If
the husband is not a farmer but the wife is a farmer's daughter: 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.
A farmer from a foreign country is not considered a farmer in Gujarat and he cannot buy agricultural land in Gujarat: A non-farmer cannot buy his own land as a partner with a farmer. This 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 under such circumstances.
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.
- If the owner of that land has complied with the provisions of section 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.
- Receipt of Farmer Certificate is required to be used within one year: Work has to be started within a period of 1 year from the date of taking possession of the farm land for the reason that good permission has been obtained.
source:: vikaspedia
If the husband is not a farmer but the wife is a farmer's daughter: 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.
In case of such lands, merger of the company, joint venture, amalgamation or sale of land transferred to its own subsidiary, group company or associate company will not be considered. In these transactions, only 10% of the jantri price-premium can be transferred.
