Section 16 in Kerala Conservation of Paddy Land and Wetland Act, 2008
16. Fallow paddy land to be got cultivated.
(1)If the Committee is satisfied, on the basis of the reply furnished by the holder of the paddy land, that it was due to practical difficulties that he could not comply with the direction given under section 15, the Committee may request him to grant permission in writing to cause to cultivate the said paddy land through the Panchayat.(2)[ On receipt of a letter under sub-section (1), the holder of paddy land shall give a reply in writing either granting or denying permission within fifteen days from the date of receipt of such letter.] [Inserted by Act NO. 41 of 2017, dated 30.12.2017](3)If the holder of the paddy land grants permission to cultivate the said paddy land, the Committee may execute an agreement between the Panchayat and the holder of the paddy land, in such form and subject to such conditions as may be prescribed, entrusting the said paddy land to the Panchayat either to cultivate or to [get it cultivated for a period not exceeding two years at a time.] [Substituted 'get it cultivated for a fixed period' by Act No. 41 of 2017, dated 30.12.2017](3A)[ If the holder of the paddy land does not permit or does not reply to the direction under Section 15 or to the request under sub-section (1), the Committee may again request the holder of the paddy land to cultivate it by himself or through any other person of his choice or to grant permission to cause to cultivate the said paddy land through the Panchayat concerned.(3B)On receipt of a letter under sub-section (3A), the holder of paddy land shall give a reply in writing either granting or denying permission within fifteen days from the date of receipt of such letter.(3C)If the holder of paddy land fails to give a reply in writing within the period specified in sub-section (3B), it shall be deemed that the holder of the paddy land has granted permission and the Committee shall proceed under sub-section (3H).(3D)If the holder of the paddy land grants permission, the Committee may proceed as provided in sub-section (3).(3E)If the holder of the paddy land denies permission, the Committee shall refer the matter to the Revenue Divisional Officer.(3F)The Revenue Divisional Officer shall, on receipt of such reference, hear the parties concerned and dispose of the matter in thirty days and in so deciding the matter, the Revenue Divisional Officer shall take into consideration whether cultivation in such paddy land is indispensable for the cultivation of adjoining paddy land or for augmenting the paddy cultivation in the State or for such other reasons.(3G)The decision of the Revenue Divisional Officer shall be communicated to the parties concerned with reasons thereof and the order, denying or granting permission to the Committee for cultivation in such paddy land, shall be appealable before the District Court having jurisdiction as provided in Sections 104 and 107 read with Order XLIII of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).(3H)If the Revenue Divisional Officer grants permission under sub-section (3F) or in the case of a deemed permission under sub-section (3C), the Committee may inform the Panchayat/Municipality/Corporation; as the case may be, in writing and the Panchayat/Municipality/Corporation may, by an order, entrust the right to cultivate the said paddy land, by auction or otherwise, for a maximum period of two years at a time and make arrangement for such cultivation as per sub-section (4):Provided that where such cultivation is ordered under sub-section (3H), out of the amount realized from such paddy cultivation, the revenue due on the land and other dues to Government, if any, and expenses of paddy cultivation shall be first adjusted and out of the balance, ten per cent of the amount realized shall be defrayed for the agency entrusted with cultivation under sub-section (4) and the balance shall be paid to the holder of the paddy land:Provided further that, if any dispute arises relating to the amount payable to any of the parties concerned in respect of cultivation, or such other matter, it shall be adjudicated by a Civil Court having jurisdiction and if the holder of the paddy land does not accept his share as provided, such share shall be deposited in a Government account maintained by the Secretary of the Panchayat/Municipality/Corporation, as the case may be, till such time a claim is made by the holder of the paddy land or his legal heirs.(3I)Whenever a claim is made by the holder of the paddy land or his legal heirs, as the case may be, the Secretary of the Panchayat/Municipality/Corporation shall, in compliance of the judgement of the Civil Court, make payment.(3J)If the holder of the paddy land expresses his willingness to cultivate paddy in his land, at any time after entrusting the right to cultivate to any agency, the Committee shall ensure that the paddy land is restored to the holder on completion of the cultivation operations in progress, if any:Provided that, if any dispute arises regarding the date on which the cultivation process is completed or will be completed, the Committee shall obtain a report from the Agricultural Officer and shall decide the date of completion of such cultivation process and such decision shall be final.] [Inserted by Act No. 41 of 2017, dated 30.12.2017](4)[ If the Panchayat/Municipality/Corporation is not directly cultivating the paddy land entrusted to it under sub-section (3) or (3D) or (3G), it may make an order not inconsistent with the conditions of the agreement executed under sub-section (3), wherever applicable, entrusting the right to cultivate the said paddy land by auction or otherwise, for a maximum period of two years at a time and make arrangement for the same.] [Substituted by Act No. 41 of 2017, dated 30.12.2017](5)[ While entrusting the right to cultivate the said paddy land under sub-section (4), otherwise than by auction, the following order of priority of agencies shall be followed, namely:-(i)Padasekhara Samithis or Joint Farmers Societies;(ii)Self Help Groups;(iii)the Kudumbasree Units functioning in the Village Panchayat/Municipality/Corporation where the paddy land is situated;(iv)any other person:Provided that where such right is entrusted through an auction, any of the agencies specified above may participate in such auction.] [Substituted by Act No. 41 of 2017, dated 30.12.2017](6)The [agency entrusted with the right] [Substituted 'person getting the right' by Act No. 41 of 2017, dated 30.12.2017] to cultivate the said paddy land under sub-sections (4) and (5) while returning the said paddy land shall neither cause any changes in the structure of the land making it unsuitable for cultivation nor convert or reclaim the same.(7)[ The agency entrusted with the right to cultivate the paddy land under subsection (4) shall, wherever the holder of the paddy land grants permission to cultivate the said paddy land, pay in advance, the remuneration as per the agreement, to the holder of the paddy land and such sum shall form part of the cost of cultivation.] [Substituted by Act No. 41 of 2017, dated 30.12.2017](8)Notwithstanding anything contained in this section, if an owner of paddy land is unable to cultivate his paddy land by himself, he may request the Committee if he so desires, to entrust his paddy land with the Panchayat for cultivation even without the receipt of a notice under this section.(9)[ The holder of the paddy land whose paddy land has been entrusted for cultivation by the Panchayat/Municipality/Corporation with an agency under subsection (4) shall be deemed to be a licensor and the agency entrusted with such cultivation shall be deemed to be a licensee as envisaged in the Indian Easements Act, 1882 (Central Act V of 1882) and the provisions of the said Act, mutatis mutandis, shall apply to the disputes between the holder of the paddy land and the agency entrusted with cultivation:Provided that in the event of the licensor alienating the paddy land by way of a sale, gift, mortgage or otherwise, during the period for which the cultivation is arranged by the Panchayat/Municipality/Corporation, the new holder of the paddy land shall be deemed to be the licensor for the remaining period of cultivation.(10)The agency to whom the cultivation of paddy land is entrusted under subsection (4) shall,-(i)be entitled to an undisturbed right to cultivate paddy for the period for which the cultivation is entrusted;(ii)be entitled to obtain crop insurance, relief from Disaster Response Fund or any other benefits or facilities provided to farmers by the State Government during the period for which the cultivation is entrusted;(iii)not cause any damage to the paddy land and shall be liable to the holder of the paddy land for damage caused, if any;(iv)not disturb the boundary of the land and survey stones during the period for which the cultivation is entrusted;(v)not extract sand or any minerals from the paddy land;(vi)not build permanent structures or fixtures on the paddy land without the written permission of the landowner:Provided that the permission granted to build permanent structures or fixtures shall not make the license irrevocable.(11)On the expiry of the period for which the paddy land is entrusted to the agency for cultivation, the license arrangement shall be deemed to have been terminated.(12)The cultivation by the Panchayat/Municipality/Corporation or the cultivation through auction or by an entrusted agency under sub-section (4) shall be subject to the condition that the paddy land is cultivated with paddy and on failure to do so, the Panchayat/Municipality/Corporation or the agency entrusted to cultivate shall be liable to be evicted summarily by the Revenue Divisional Officer, on application by the holder of the paddy land or the Committee or the Panchayat/Municipality/Corporation or upon his own knowledge, before the expiry of the period for which the cultivation is entrusted and such Panchayat/Municipality/Corporation or agency, as the case may be, shall also be liable for any loss arising out of such omission to cultivate:Provided that before such eviction, the Panchayat/Municipality/Corporation or the agency entrusted to cultivate shall be given an opportunity of being heard.] [Inserted by Act NO. 41 of 2017, dated 30.12.2017]
