Provisions of laws / rules for maintaining the status of farmer account holder

- People-oriented guidance - - H.S. Patel IAS (Retd.)

- Non-farmer person cannot legally occupy agricultural land as per Section-63 of the Computation Act

For the regulation of agricultural land in the state of Gujarat, Gujarat Ganot Administration and Agricultural Land Act-12 is in existence. This Act was enacted when the State of Mumbai existed as part of the Land Reform. Since the State of Gujarat has seceded from the State of Mumbai, this Act is in force as any other Act. According to Section 3 of the Computation Act, no non-farmer can occupy agricultural land without the permission of the Collector. Now with the spread of education, most of the farmers have become educated. But even today many farmers are unaware of the law and if they sell the land they have acquired under extraordinary circumstances i.e. the land of the account, the person becomes a non-farmer and cannot own another land. Similarly, during the tenure of my Rajkot Collector, there have been many cases where the farm land is in the name of the chief elder and is owned by other cousins ​​and if the original land holder sells the land, other inherited legal stakeholders do not get the status of farmer. In the same way, if the land is acquired for public purpose in the state such as major irrigation schemes, highways, Sardar Sarovar or any other public purpose of the government and all the land of the department is acquired, the person concerned does not continue to be a farmer in terms of law.

Therefore, considering this situation, the true farmer is the account holder and the farm land holder who is dependent on agriculture has to sell the land from one place and buy farm land elsewhere in the state and acquire land for public purpose and become non-accountant Therefore, it has been decided in accordance with the Resolution No. of the Revenue Department of the Government dated 3-1-2008: - Ganat-2/4 / Z that in the circumstances when the farmer has sold all the land and the status of the farmer does not continue. In order to get a farmer's certificate, the collector has to apply within 30 days from the date of sale of the land. The farmer certificate has to be issued within 30 days after checking the instrumental documents / facts and the farmer has to buy another farm land in 180 days i.e. in a period of six months. So that the status of the original farmer as an account holder can be maintained. This information is especially necessary for the ignorant / uneducated farmer as if he is sold all the agricultural land he becomes a non-farmer and it is necessary to make provision in these rules that if such farmer / non-farmer becomes a farmer in order to continue his status as a farmer. These provisions should be reported in writing and noted in the revenue record in return for a full understanding.

When applying for a farmer's certificate from a farmer's account holder, it is necessary to submit documentary evidence with him, in which a copy of the 8/12 extract with the extract of the village land which is primarily village, i.e. if the account holder's land has been acquired and non-cultivated. If all the land of the account holder is acquired then if the objection is raised under the land acquisition, a copy of it, notice of compensation for the acquired land, order of award as well as possession etc. Now the account holder has to submit any three of the above five proofs as amended. Thus all these supporting evidences are now available online as the records are computerized so that the concerned Mamlatdar's office can present the record based evidences based on the application of the applicant. In fact, as stated above, if the account holder sells the land of his account in full or the land is acquired in full, the Suomoto Revenue System should issue a farmer's certificate and purchase the land within the time limit of 150 days and in special circumstances to the Collector. The right to extend the term should be given and such concession should be given for a maximum of 30 days.

According to section 4 (2), a farmer is a person who cultivates the land himself so that if a farmer sells his entire farm land, he becomes a non-farmer so all the farmer account holders need to know the above provisions.

In addition, farmers whose land is traditionally in the name of a senior member of the family and if they have other legitimate interests i.e. the farmer's status is to be maintained on an inherited basis, the family member of the farmer's family should enter the farm land as a participant in the farm So that many farming families lose the status of farmer due to lack of such information.

There is no need to file a registered document as per the Revenue Department's circular dated 2012 for enrollment in family distribution or participation / joint venture. Names can be entered by affidavit from a simple application.