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State of Kerala - Section

Section 5 in Kerala Conservation of Paddy Land and Wetland Act, 2008

5. Constitution of Local level Monitoring Committee.

(1)There shall be a Local Level Monitoring Committee in each Panchayat or Municipality, consisting of the members specified in sub-section (2), for the purpose of monitoring the implementation of the provisions of this Act.
(2)The composition of the Committee shall be as follows:-
(i)The President or Chairperson/Mayor of the Grama Panchayat or the Municipality or the Corporation, as the case may be; - Chairman
(ii)The Agricultural Officer/Officers having jurisdiction in the Grama Panchayat or Municipality/Corporation; - Member/Members
(iii)Village Officer/Officers having jurisdiction in the said area; - Member/Members
(iv)Three representatives of farmers in the Panchayat/Municipality/Corporation to be nominated in such manner, as may be prescribed.
The Agricultural Officer shall be the Convenor of the Committee.
(3)The Committee shall have the following powers, namely:-
(i)[ subject to the provisions of this Act, to recommend to the District Level Authorised Committee for the reclamation of paddy land, for construction of residential building for the owner of the paddy land: [Substituted by Act No. 41 of 2017, dated 30.12.2017]
Provided that the Committee shall not recommend for filling of paddy land of more than ten cents in a Panchayat or five cents in a Municipality/Corporation, as the case may be, for the construction of residential building for the owner of the paddy land;
(iA)subject to the provisions of this Act, to report to the State Level Committee for the reclamation of paddy lands for public purpose, within one month from the date of receipt of the application:
Provided that the report shall contain the effect of such reclamation on the cultivation in adjoining paddy lands, the measures to be adopted to ensure free flow of water to the adjoining paddy lands, if any, and suitable water conservancy measures to be adopted, wherever necessary, and the area where such measures are to be adopted by the applicant;
(iB)the Committee shall not recommend or report under item (i) and (iA) of subsection (3) unless the application is accompanied by a sketch of the land proposed to be reclaimed, duly prepared by a qualified surveyor or Village Officer, indicating the extent of land in each survey number for which sanction for filling up the paddy land has been sought;]
Provided that the Committee shall not recommend for filling of paddy land of more than ten cents in a Panchayat or five cents in a Municipality/Corporation, as the case may be, for the construction of residential building for the owner of the paddy land;
(ii)to inspect the paddy land situated within the jurisdiction of the Committee to monitor whether the provisions of this Act are being complied with and to report to the Revenue Divisional Officer regarding violations, if any, of the provisions of this Act;
(iii)to examine the complaints received from the public regarding the attempts to violate the provisions of this Act and to intervene in the issue to prevent such violation;
(iv)to examine the reason for keeping the paddy land fallow and to suggest remedial measures so as to persuade the holder of paddy land to cultivate it with paddy or any intermediary crops;
(4)The Committee shall perform the following functions, namely:-
(i)to prepare the data-bank with the details of the cultivable paddy land and wetland, within the area of jurisdiction of the Committee, with the help of the map prepared or to be prepared by the State Land Use Board or Centre State Science and Technology Institutions on the basis of satellite pictures by incorporating the survey numbers and extent in the data-bank and get it notified by the concerned Panchayat/Municipality/Corporation, in such manner as may be prescribed, and exhibit the same for the information of the public, in the respective Panchayat/Municipality/Corporation Office and in the Village Office/Officers;
(ii)to make alternate arrangements under section 16 where a paddy land is left fallow without taking steps in spite of the instructions given by the Committee under item (iv) of subsection (3);
(iii)to prepare detailed guidelines for the protection of the paddy lands/wetlands in the areas under the jurisdiction of the Committee;
(iv)[***] [Omitted by Act No. 41 of 2017, dated 30.12.2017]
(v)to perform such other functions, as may be prescribed from time to time.
(5)The quorum for a meeting of the Committee shall be three and it shall meet as and when required and the venue for the meeting shall be the respective Panchayat Office and the time of meeting shall be fixed by the Chairman.
(6)The Committee may decide the procedure for its meetings and the concerned Agricultural Officer shall keep the proper minutes of the meeting signed by every person attended.