Gujarat Assembly amends prevailing land laws by passing two bills

Gandhinagar

In absence of opposition, the Gujarat Legislative Assembly today passed two crucial bills facilitating industries as well as civic bodies to acquire, develop or sell land by amending present land laws.

Since all Congress MLAs had already been suspended by the Speaker before the Bills were tabled in the House today, they were cleared without any hurdle.

While the ‘Gujarat Agricultural Lands Ceiling (Amendment) Bill 2015’ seeks to amend prevailing Agricultural Land Ceiling Act, enacted in 1960, the ‘Gujarat Tenancy and Agricultural Land Laws (Amendment) Bill 2015 aims at amending various Acts related to tenancy enacted more than 60 years ago.

On bringing the ‘Gujarat Agricultural Lands Ceiling (Amendment) Bill, 2015’ which seeks to amend the present Act, state minister Nitin Patel said, “it is the need of the hour.”

“There are some land pieces which are surrounded by factories. Such land may not be suitable for farming and lying unused with us. On the other side, adjoining industry, which wants to expand it’s operations, will be needing that land,” Patel said in his speech.

He was speaking on behalf of Chief Minister Anandiben Patel who handles the revenue department among other portfolios.

“The government has inserted a new provision in the Act (Agricultural Land Ceiling Act) to allow the allotment of land to such industry, which will be required to make available equivalent quantum of land in lieu of land given to them by government,” the minister said.

With the Bill, the government can also allot surplus land to civic bodies, such as municipal corporations, to build public amenities such as schools, gardens and hospitals.

On the Agricultural Land Ceiling Act 1960, Patel said it restricts a person from owning agricultural land beyond a certain limit and it further empowers government to acquire surplus land from such owners.

The key purpose of Agricultural Land Ceiling Act, 1960 was to bring parity as government can allot such land acquired from influential people to those who are having no agriculture land, he said.

Now, apart from giving this land for agriculture purpose to marginal farmers only, the government wants to allot the surplus land lying with them to industries as well as civic bodies, he said.

The Gujarat Tenancy and Agricultural Land Laws (Amendment) Bill proposes some sweeping changes related to purchase and use of land for industrial purpose.

As per new provision, a company can offer equity shares in place of cash to owner of land while purchasing land for industrial purpose.

“However, the seller should agree to this condition and has the power to turn down the offer,” Patel said.

The Bill also proposes to raise the time limit of commencing production at the land alloted to industry from five years to seven years after its acquisition. The seven- year limit can be further extended by another three years.

As per another provision, if the person who purchased land from farmers to set up industrial park fails to commence operation and wants to sell it, he can do so by securing the permission from collector concerned.

Another provision allows charitable trust, which has acquired agriculture land in contravention of Act, to apply to convert the land as non-agriculture and utilise it for charitable cause.

While Patel claimed that such changes will be beneficial for all stake-holders and boost industrialisation in the state, the Congress leaders deprecated government’s move.

“Land Ceiling Act of 1960 was created to uplift those who were not having land, such as Dalits, tribals and landless farmers. Now, the government wants to sell the land meant for these downtrodden (sections) and give it to their favourite industrialists,” alleged senior Congress MLA and former minister Shaktisinh Gohil.

“A bill to amend the present Tenancy Act is also pro-industry. As per the current provision, government can seize the land if the company fails to start production in three years. But now, the limit is raised to favour corporates who are also given the option to give shares,” he said.

PTI