Legislative Landscape of Agriculture Land Laws

Legislative Landscape_Expanded_v2
Who can buy? How much can one buy? Whether leasing is allowed Land under Lease (NSS) Conversion from Agricultural Land to Non-Agricultural Land (Procedure) Law in Question
Andhra Pradesh Anyone can buy non-ST Land. No obligation on part of seller to offer land to nieghbour or anyone else before sale 10 Acres in Class A lands (irrigated & double crop wet lands) In Andhra Pradesh, land leasing is legal but if an owner wants to end leasing and take the land back from the tenant, the owner must give at least 50% of the land with the tenant. Leasing has to be for a minimum period of six years and tenancy can be terminated only by an application to the special judicial officer 33.75% Rule 3 - One Time Conversion Tax shall be paid by the owner in any Mee Seva Centre through online system in the format of Annexure A. Annexure A will be transmitted online to Tahslidhar and other Competent Authorities to make relevant changes to Revenue Records. Rule 4 - Conversion is done upon the payment of OTC Tax. In case of APIIC Lands, the lands stand converted to Non-Agriculatural Purpose. Andhra Pradesh (Andhra Area) Tenancy Act, 1956 ; Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural purposes) and Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1973
Agriculture lands owned by Schedule Tribals (ST) can only be sold to other ST members 54 acres in Class K (dry and non-irrigated lands) OTC Tax is 2% on Base Value in Vijayawada and Visakhapatnam Municipal Corporations, and 3% on Base Value in all other areas. Base Value can be taken from registration.ap.gov.in or Office of Sub-Registrar. User charges for Mee Seva is Rs. 25.
Assam Non-tribal people and outsiders can't buy any land under Sixth Schedule areas 16.33 acres (+1.32 acres allowable for orchards) There is no explicit ban on land leasing but sub-letting is prohibited. (i) Occupancy tenants who have held land for at least three years consecutively can acquire ownership right on payment of 50 times the rate of revenuep; (ii) Non-occupancy tenants can acquire the right of occupancy, if they have held land continuously for 3 years. 4.21% Clause 5 - 1st Step: Application to Deputy Commissioner under whose jurisdiction land lies - along with justification. 2nd Step: Affidavit stating that the land will be used for non-agricultural purposes. 3rd Step: Circle Officer shall submit report to the Deputy Commissioner within 15 days. 4th Step: Within 30 days of receipt, as chair of a District Level Committee, will provide in principle approval or deny approval within 30 days of the report by Circle Officer after verifying documents, and if the land is above 50 bighas, then approval can only be given one the Revenue Dept has been consulted. Before approval, the DC will take into account the report by the Local Authority. 5th Step: Once approval is granted, then premium and fee has to be paid within 30 days of the issue of approval, and once the DC is satisfied with the same, a NOC will be issued, and the notice will be given to relevant depts for change in record. Assam (Temporarily settled Areas) Tenancy Act, 1971, Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015, and Assam Fixation of Ceiling on Land Holdings Act, 1956
For premium, refer to Clause 6. Fees: Upto First 3 Bighas - Rs. 2000, More than 3 Bighas upto 10 Bighas - Rs. 50 per additional Bigha, More than 10 Bighas upto 50 Bighas - Rs. 100 per additional Bigha and More than 50 Bighas, additional Rs. 150 per Bigha.
Bihar Anyone can purchase agricultural land here but before selling land, farmer must inform co- sharers and adjacent land owner. If they are not willing to buy within three months time then he can sell to any one. 15 Acres in Class I lands ( irrigated lands) for a family of five. Each additional member is entitled to one-tenth of the ceiling area for that class of land for every such additional member Bihar prevents land leasing. unles the landlord is a disabled persons, suffering from mental or physical disability or a person in the armed forces or in public service, receiving salary not exceeding Rs. 250 per month. A tenant is entitled to purchase ownership right if he is in continuous occupation of land for 12 years, on payment of 24 times the land revenue. Every tenant of a landowner holding land above ceiling be deemed to have acquired the status of an owner on payment of a specified amount to theState Government 21.04% According to Rule 3 of the Rules, Form 1 must be filled and submitted to competent authority. According to Clause 5 of the Act, the Competent Authority is the Sub-Divisional Officer. The permission shall be accepted or rejected within 90 days of the date of application according to 3(6), and reasons must be provided if rejected. Prior to this, the SDO will carry out enquiry and report whether it can be allowed for conversion. If approved, Conversion Fee is to be paid at 10% of the Market Value as per the Indian Stamps Act. The final step is to correct the land records. For conversions before the enactment of the Act, they will have to apply for permission for conversion, with an addiitonal 1% conversion fee on the current market value of the land. The Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010 and Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
45 acres in Class VI( hilly and sandy). Each additional member is entitled to one-tenth of the ceiling area for that class of land for every such additional member
Gujarat Only an "agriculturist" can buy land. There is no residency requirement Different for different categories of land as specified in Schedule I of the Gujarat Agricultural Lands Ceiling Act, 1960. Certain provisos and exceptions in Sections 4 and 5 Land leasing is allowed in Gujarat but a tenant acquires the right to purchase the land after one year 5.63% According to Section 65 of the Act, only legal holder or occupant will be eligible to apply for NA conversion. 1st Step: Go to the Empowered Officer for the submission of Applicaiton under Annexure 2 - Empowered Officer can be Collector, Territory Officer, Taluka Panchayar or Killa Panchayar, depending on the locaiton of the land being transferred. 2nd Step: Once verification is done of the request, receipt for the request will be provided. 3rd Step: After Verification, a NOC will be issued by the Empowering Officer. 4th Step: District Development Officer, Territory Officer or Taluk Development Officer have any case, it will be verified within ten days of receipt and forward it to Collector office and proceed for obtaining opinions. The Collector shall give their opinions, and once this is done, the Empowered Officer can take a final call on conversion, and once verified, the permission for land conversion shall be given. The premium will be paid according to the Jantri of the land, with 40% of the Jantri being paid as premium. (https://revenuedepartment.gujarat.gov.in/gujarat-jantari) Gujarat Tenancy and Agricultural Land Act, 1948 and Gujarat Agricultural Lands Ceiling Act, 1960
Recently, restrictions were eased so that non-farmers can buy agricultural land to set up educational institutions like agricultural universities, medical colleges, etc. The tenancy of a tenant belonging to SC/STs cannot be terminated.even on ground of personal cultivation or for non-agricultural use Gujarat Land Revenue Amendment Act provides for Multipurpose NA - where a person can use NA for any purpose of their choice, without having to apply for new certificate.
Haryana Only an agriculturist can purchase agricultural land. Land under assured irrigation capable of growing at least two crops in a year 7.25 hectares There is no explicit ban on land leasing. However, Such land vests in the Govt, although tenants are given preference in the allotment of such lands. Also a tenant can lease in land for a minimum period of 3 years, but less than six years. Rent is limited to 1/3 of produce or value thereof 14.9%   The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963 ; The Haryana Development and Regulation of Urban Areas Act, 1975 and The Haryana Ceiling on Land Holdings Act, 1972
Land under assured irrigation capable' of growing at least one crop in a year, 10.9 hectares;
Land of all other types including land under orchard, 21.8 hectares.
Himachal Pradesh Only an agriculturist from the state can buy land. People from other states and non-agriculturalists from Himachal require prior permission of the Government of Himachal Pradesh The permissible area of a landowner or a tenant or a mortgagee with possession or partly in one capacity or partly in another of a person or a family consisting of husband, wife and upto three minor children shall be in respect of- (a) land under assured irrigation capable of growing two crops in a year- 10 acres; (b) land under assured irrigation capable of growing one crop in a year- 15 acres; (c) land of classes other than described in clauses (a) and (b) above including land under orchards-30 acres; There are numerous exceptions provided for some districts and families larger than the limit mentioned above. Lands belonging to registered Co-operative Farming Societies are also exempted from the ceiling limit provided that the share of a member of such society, together with his other land, if any, does not exceed the permissible area. Refer to Section 4 and 5 of The Himachal Pradesh Ceiling on Land Holdings Act, 1972. Leasing out is banned except by disabled persons such as members of armed forces unmarried / divorced/ separated women, a widow, a minor, persons under physical or mental disability or a student of a recognized institution 5.20% Maintenance of agricultural land in Himachal Pradesh is governed by the Himachal Pradesh Town and Country Planning Act of 1977. Under the act, the authorities are required to devise a town plan which divides land for different purposes and certain lands are to be reserved exclusively for agriculture. There is no provision under the act for conversion of such land. Himachal Pradesh Tenancy and Land Reforms Act, 1972 and Himachal Pradesh Ceiling on Land Holdings Act, 1972
A non-occupancy tenant or a tenant illegally inducted can purchase ownership right on payment of 96 times the land revenue, while an occupancy tenant can purchase by paying 48 times the land revenue..
Jharkhand Schedule Tribes (ST), Backward Class (BC) and Schedule Caste (SC) land owners can only transfer thier land to another member of member of schedule and who is a resident with a local limits of the area of a police station within which holding is situated with prior permission of the Deputy Commissioner No cap Leasing is prohibited, except with permission of a competent authority, i.e the Deputy Commissioner. This is required not only for Adivasis, but also for Scheduled Caste or backward caste raiyats to lease out land. Besides, the land cannot be transferred even to an Adivasi who does not reside within the jurisdiction of the same police station to which the land owner belongs. (Section – 46(1) of the Chotanagpur Tenancy Act) 1.90% There seems to be no single act in Jharkhand that contains provisions that regulate change of land use. The closest provision that exists is section 64 of the Chota Nagpur Tenancy Act, 1908 under which every cultivator or landless labourers resident of village or a contiguous village has the right to convert land in that village into 'korkar' with the permission of the Deputy Commissioner previously obtained : Provided that no permission of the Deputy Commissioner shall be required under sub-section (1) to the conversion of land into 'korkar1 by a cultivator where he was entitled on the date of the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), by virtue of any entry in the record-or-rights or any local custom or usage to convert such land into 'korkar' without the consent of the landlord. Korkar has been defined under the act as land by whatever name locally known such as 'babhala khandwat, 'jalsasan' or 'ariat', which has been artificially levelled or embanked primarily for the cultivation of rice, and,- (a) which previously was jungle, waste or uncultivated, or was cultivated upland, or which, though previously cultivated, has become unfit for the cultivation of transplanted rice, and (b) which has been prepared for cultivation by a cultivator (other than the landlord), or by the predecessor-in-interest (other than the landlord). Chota Nagpur Tenancy Act, 1908
Karnataka Anyone can buy agricultural land. No obligation on part of seller to offer land to nieghbour or anyone else before sale Family of four can own 54 acres Karnataka only allows people in the defence services to laease thier land. Law empowers the State government to acquire ownership rights in all tenanted lands on payment of compensation and transfer the same to tenants who then have to pay premium for acquisition of occupancy right. 6.71% Section 95 of the Karnataka Land Revenue Act provides for Conversion, and a request for conversion is to be granted by the Deputy Commissioner. Citizens are required to apply to the concerned authority as per the list given here (https://www.landrecords.karnataka.gov.in/citizenportal/Images/Affidavit_conversion_flow.pdf) and within 15 days will be sent to DC or ADC for verification and recommendation, and then sent to DC for approval of fee payment or rejection - if approved, fee details will be caiculated as per chart provided in https://www.landrecords.karnataka.gov.in/citizenportal/Images/Conversion_fee_details.pdf, and payment is done through K2 - verification of payment is done by ADC, and DC approves the conversion using DSC, and print digitally signed order can be procured by the citizen. Process is through Bhoomi Karnataka Land Revenue Act and Karnataka Land Reforms Act, 1961
Family of five and above can own 108 acres
Kerala Anyone can purchase agricultural land In case of an adult unmarried person or a family consisting of a sole surviving member, the ceiling limit shall not be less than six and more than seven-and-a-half acres. Leasing is prohibited in Kerala. All erstwhile tenants in respect of non-resumable areas have been conferred permanent, heritable and transferrable rights 8.55% According to Clause 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, for conversion, one shall approach the Revenue Divisional Officer. Unnotified land below 25 cents can be converted free of cost - from 25 cents to 1 acre is 10% of the Fair Price, and above 1 acre is 20% of the fair price - fee is uniform across panchayat, municipality and corporation areas. The fair price shall be of the neighbouring land, and not that of the land which is being converted. Kerala Land Reforms Act 1963 and Kerala COnservation of Wetlands Act 2008
For a family consisting of two or more but no more than five members, the ceiling limit shall not be less than 12 and more than 15 acres.
If it’s a family consisting of more than five members, 10 standard acres increased by one standard acre for each member in excess of five, and the ceiling limit shall not be more than 20 acres.
Madhya Pradesh Anyone can purchase agricultural land Different ceilings depending on size of the family and nature of the land. Refer to Section 7 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. Leasing out is prohibited except by a disabled person (a widow, unmarried woman, married but separated woman, a minor, a person in imprisonment, a person serving in armed forces, a public charitable/religious institution or a local authority or a co-operative society. 5.05% According to Madhya Pradesh Bhu-Rajaswa Sanhita (Bhu-Rajasva Ka Nirdharan Tatha Punarnirdharan) Niyam, 2018, The Bhuswami should inform the Sub Divisional Officer in Form 1 along with the receipt of payment of premium and fees and a receipt will be provided for the same. Sketch to be prepared in accordance with the directions of the Commissioner, and submit to the SDO with intimation of diversion. Within thirty days, the SDO shall get back with the correctedness of the computation of premium and re-assessed land revenue. Land records, apart from the record of rights shall be updated when confirmation is done, or within thirty days of date of intimation by the Bhuswami, whichever is lower. Madhya Pradesh Land Revenue Code, 1959, and Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960
Maharashtra Only an agriculturist can purchase agricultural land The land ceiling is different in different districts for different categories of land. It has been specified in the First Schedule of the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961. No legal tenancy exists, as all cultivating tenants were supposed to have been conferred ownership right on April 1, 1957. Any tenant created after then, except by a member of armed forces, is entitled within one year from the date of creation of such tenancy to purchase from the landlord so much of the land held by him to raise his holding upto the ceiling area. Rent is capped at 2 to 5 times the land revenue, subject to a limit of Rs. 20 per acre 3.4% The applicant has to file an application to the District Collector in the Format which has been provided in the Act, and the DC will acknowledge the same within 7 days, and a copy of the same would be sent to the Tahasildhar - and the same will check for Revenue Clearance, and Technical Clearance. Within a month of payment of Premium, the DC will issue Order of Conversion, and this allows the Tahsildar to change the particulars in the records. Any agricultural land, converted for a non-agricultural purpose can be used for such converted purpose within a year from the date of issue of the conversion order. If the land is not converted within the prescribed time, the conversion order will be withdrawn and the premium deposited will be relinquished to the Government. The land occupier or landholder has to pay non-agriculture land taxes from the date on which non-agriculture land use begins. Maharashtra Land Revenue Code, 1966
Odisha Sale of land owned by a Scheduled Tribe or Scheduled Caste can only happen to (a) a Scheduled Tribe/Caste or (b) non-Scheduled Tribe.Caste with the previous permission of the Revenue Officer Class 2( Irigated land in which not more than one crop is grown) 15 Acres Leasing out agricultural land is banned except by a person under disability or under a privileged raiyat w.e.f. 1.10.1965. A person under disability includes: (i) a widow or unmarried or separated women (ii) a minor, (iii) a person incapable of cultivating land due to physical or mental disability (iv) a serving member of armed forces (v) a raiyat whose land holding does not exceed 3 standard acres. A privileged raiyat means Lord Jagannath, any trust or institution declared as a privileged raiyat or any other religious or charitable trust of a public nature. 16.61% Class 1 2 and 3 lands can be converted for non-agricultrual purposes in Odisha. For land 1/4th of an acre or more - authosised officer is Sub-Collector and Tahasildhar will initiate the process and allow conversion with due approval of sub-collector. For land less than 1/4th of an acre, Authorised Officer is Tahasildhar. Fees for the same is provided under Clause 8-A (http://revenueodisha.gov.in/sites/default/files/Acts_Rules/Acts/OLR_Act.pdf). After verification, certificate will be provided. Conversion can also be done through the GO SWIFT Portal. Orissa Land Reforms Act, 1965
Class 3(Non-irrigated land where paddy is grown) 30 Acres But the state has prepared a draft legislation that allows leasing but it is still under consideration and has not been passed yet.
Class 4(All other land) 45 Acres
Rajasthan Anyone can buy agricultural land. No obligation on part of seller to offer land to nieghbour or anyone else before sale Section 4 of The Rajashtan Imposition of Ceiling on Agricultural Land Holding Act prescribes different ceiling limits for eight different categories of land, ranging from 27 acres to 175 acres depending on the nature of land. Rajasthan allows land leasing but restricted to 3 times the amount assessed as land revenue. Further, the tenant can only be removed if : (i) the tenant has failed to pay arrears of rent due for two years or more; or (ii) the tenant has illegally transferred or sub-let the whole or part of his holding; or (iii) the tenant has caused harm to the land or used it for a purpose other than what was agreed upon; or (iv) the tenant has violated the terms and conditions of the contract. 7.76% Apploication to be made to the relevant authority under Rule 8 of the Act: http://landrevenue.rajasthan.gov.in/content/dam/landrevenue/revenuedepartment/Rules/scan0041.pdf, as per the format in Forms C and D. Applicaiton for the same can also be done in the SWCS System Online. The Fee and the Premium for such conversion is provided under Rajasthan Land Revenue Act 1956 and Rajasthan Tenancy Act, 1955
Tamil Nadu Anyone can buy agricultural land 15 "Standard Acres" for a family of not more than 5 members. For a family of more than 5 members, it is 15 standard acres together with an additional 5 standard acres for every member of the family in excess of five. The term standard acre has been defined in Section 3(40) of the Tamil Nadu Land reforms act and it differs on the basis of kind of land, rate of land revenue, and also from one class of ditricts to another. No explicit ban on leasing. But landlord can resume land for personal cultivation, not exceeding one-half of the land leased out to the tenant excepting when he is a member of armed forces. If the landlord owns above 13.5 acres of wet land or pays sales tax or professional tax or income tax, he cannot even resume land from tenant. Also any tenant or agricultural labourer occupying any Kudiyirupees (a dwelling house or hut) cannot be evicted. 13.87% Applicants need to approach the local authority under whom the concerning agricultural land is located - and the local authority with acknowledge this within 7 days, and the prior accordance of the Director is to be taken. The director then will seek concurrance with the Collector for wetlands and Joint Director of Agriculture in the cases of dryland - and there will be a site inspection. On receipt of concurrence from the Director, the Local Authority will collect the land use conversion charge and within a month of payment issue an order of conversion. The fee is 3% of the Market Value fixed under the Indian Stamps Act. Tamil Nadu Cultivating Tenants Protection Act, 1955, and Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
Telengana Anyone can buy agricultural land 10 Acres in Class A lands (irrigated & double crop wet lands) Leasing is prohibited except by (a) land owners who hold land equal to or less than 3 times the family holding limit and (b) minors, females, persons with physical and mental infirmity, persons in defence services with permission of district collector.Leases can be for a period of 5 years initially and thereafter for further periods of five years in succession 13.56% The applicant needs to approach the MeeSeva Centre and fill the details in the Conversion Form. After payment of Rs. 35, the MeeSeva Operator will forward the application to the Tahslidar for making changes in the records. Upon the receipt of the approval of application, the MeeSeva will provide intimation for payment, which has to be paid within 30 days of the demand notice - and has to pay a One Time Coversion Tax to the Government. The Revenue Officer will issue a certificate of conversion within 30 days, and it is then followed by on site verification by the Authority and the District Collector. - Post Amendment in 2020, NA Conversions can be done through the DHarani Portal, which is an online system for the same, and this would also help in reducing the undervalusing of land value, as the discretion of Revenue Divisional Officer is going to be taken away. Andhra Pradesh (Andhra Area) Tenancy Act, 1956 ; Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural purposes) and Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1973
54 acres in Class K (dry and non-irrigated lands)
Uttar Pradesh Anyone can buy agricultural land (a) In the case of a tenure-holder having a family of not more than five members, 7.30 hectares of irrigated land (including land held by other members of his family) plus two additional hectares of irrigated land or such additional land which together with the land held by him aggregates to two hectares, for each of his adult sons, who are either not themselves tenure-holders or who hold less than two hectares of irrigated land, subject to a maximum of six hectares of such additional land;

(b) In the case of a tenure-holder having family of more than five members, 7.30 hectares of irrigated land (including land held by other members of his family), besides, each of the members exceeding five and for each of his adult sons who are not themselves tenure-holders or who hold less than two hectares of irrigated land, two additional hectares of irrigated land or such additional land which together with the land held by such adult son aggregates to two hectares, subject to a maximum of six hectares of such additional land.
UP allows land leasing, but if a tenant continued to cultivate a piece of land for over 12 years, s/he would be eligible to occupy that land 7.56% According to Section 143 of the UP Zamindari Abolition and Land Reform Act, the Assistant Collector or the SDM can change the land from agricultural to another category - this can be done either suo moto or via applicaiton. The Tehsoldar will be taken in during the verification, and once the verification is done, a declaration can be passed under Seciton 143, and order is sent to the sub-registrar who shall record the change. Uttar Pradesh Zamindari Abolition Land Reforms Act, 1950, and U.P. Imposition Of Ceiling On Land Holdings Act, 1960
For provisos and exceptions, refer to Section 5 of the UP Imposition of Ceiling on Land Holdings Act.
West Bengal Anyone can buy agricultural land 17.5 acres for irrigated areas Only sharecropping is allowed and not leasing on fixed rent or fixed produce basis. Share cropping once created, is continuous. There is no provision for purchase of ownership right. 14.25% For the application, the applicant must log in to the Land and Reform Department Website and go to http://banglarbhumi.gov.in/BanglarBhumi/Home.action, and needs to click on the Conversion Application Form and payment needs to be done for which acknowledgement will be provided. For offline conversion, the LLRD Office is the place to go, and payment can be done and relevant documents need to be attached - and the certificate can be downloaded from the banglarbhumi portal. Land Conversion Fee can be found at: https://egiyebangla.gov.in/acts/act_land_conversion_of_land.pdf THE WEST BENGAL LAND REFORMS ACT, 1955
24.5 acres for areas that are only rainfed