The Kerala Conservation of Paddy Land and Wetland Act, 2008Act 28 of 2008 An Act to conserve the paddy land and wetland and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala Preamble.- WHEREAS, it has come to the notice of the Government that indiscriminate and uncontrolled reclamation and massive conversion of paddy land and wetland is taking place in the State; AND WHEREAS there is no existing law to restrict effectively, the conversion or reclamation of paddy land; AND WHEREAS the Government are satisfied that it is expedient, in public interest to provide for the conservation of paddy land and wetland and to restrict the conservation or reclamation thereof, in order to promote agricultural growth, to ensure food security and to sustain the ecological system in the State of Kerala; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- Contents
Short title and commencement1. Short title and commencement.-
Definitions2. Definitions.- In this Act, unless the context otherwise requires,- Collector
District
District Level Authorised Committee
Drainage Channel
Government
Holder of Paddy Land
Intermediary Crop
Kudumbasree Units
Local Self Government Institution
Paddy Land
Padasekhara Samithi
Public Purpose
Reclamation
State
State Level Committee
Wetland
Year
Prohibition on conversion or reclamation of paddy land3. Prohibition on conversion or reclamation of paddy land.-
Incentives for paddy cultivation4. Incentives for paddy cultivation.- The Government shall take suitable measures from time to time, in order to assist the farmers to augment the production of paddy in the State. Constitution of Local level Monitoring Committee5. 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:-
The Agricultural Officer shall be the convener of the Committee. (3) The Committee shall have the following powers, namely:-
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;
(4) The Committee shall perform the following functions, namely:-
(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 proper minutes of the meeting signed by every person attended. The Term of the Local Level Monitoring Committee and other related matters6. The Term of the Local Level Monitoring Committee and other related matters.-
Constitution of District Level Authorised Committee9. Constitution of District Level Authorised Committee.-
Provided that the District Level Authorised Committee shall not take any decision granting permission for the filling up of paddy land for the construction of residential building exceeding ten cents in a panchayat and five cents in a Municipality/Corporation, as the case may be.
Provided that where there are more than one Revenue Divisional Officer in a District, the Collector shall nominate one among them to the District Level Authorised Committee.
Power of Government to grant exemption10. Power of Government to grant exemption.-
Prohibition on reclamation of wetland11. Prohibition on reclamation of wetland.- On and from the date of commencement of this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom: Provided that nothing contained in this section shall affect the removal of slurry and mud to maintain the ecological condition of such wetland. Appointment of Authorised Officers and their powers12. Appointment of Authorised Officers and their powers.-
Power of the District Collector13. Power of the District Collector.- Notwithstanding anything contained in this Act, the Collector may take such action, as he deems fit, without prejudice to the prosecution proceedings taken under the Act, to restore the original position of any paddy land or wetland reclaimed violating the provisions of this Act, and realize the cost incurred in this regard from the holder or occupier of the said paddy land or wetland, as the case may be, so reclaimed after giving him a reasonable opportunity of being heard. Refusal of licence by the local authority14. Refusal of licence by the local authority.- Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994(13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994) no Local Authority shall grant any licence or permit under the said Act for carrying out any activity or construction in a paddy land or a wetland converted or reclaimed in contravention of the provisions of this Act. Direction to cultivate paddy land left fallow15. Direction to cultivate paddy land left fallow.- The committee may direct the holder of any paddy land which is uncultivated and left fallow, to cultivate it by himself or through any other person of his choice, with paddy or any other intermediary crops under the provisions of this Act. Fallow paddy land to be got cultivated16. Fallow paddy land to be got cultivated.-
Eviction of person to whom the right has been entrusted in certain cases17. Eviction of person to whom the right has been entrusted in certain cases.- The person entrusted with the right to cultivate a paddy land shall have no right whatsoever, except to cultivate the same with paddy or such other crop as provided in this Act, and to take the proceeds thereof and after the expiry of the period for which such right has been accrued or after the termination of such right, as the case may be, he shall be liable to be summarily evicted, if he continues in possession of such paddy land after such expiry or termination. Special power of the Collector18. Special power of the Collector.- The Collector may take or cause to be taken proceedings as may, in his opinion, be reasonable for the compliance of an order issued under the provisions of this Act. Power to entry and seizure19. Power to entry and seizure.-
Confiscation of vessel, vehicle etc20. Confiscation of vessel, vehicle etc.-
Provided that the owner or person in custody of the same, shall be given an option to pay, in lieu of its confiscation, a sum equal to one and a half times the value of the seized articles, as may be determined by the District Collector.
Appeal against confiscation21. Appeal against confiscation.- Any person aggrieved by an order of confiscation under section 20 may within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the articles were seized and the District Judge shall, after giving the parties a reasonable opportunity of being heard issue such order either confirming, amending or annulling the order appealed against. Award of confiscation not to interfere with other punishments22. Award of confiscation not to interfere with other punishments.- The award of any confiscation under this Act by the District Collector shall not affect the infliction of any punishment to which the person affected thereby is liable under this Act. Penalty23. Penalty.- Any person who, in violation of the provisions of this Act converts or reclaims any paddy land or wet land notified under sub-section (4) of section 5, shall on conviction, be punishable with imprisonment for a term which may extend to two years but shall not be less than six months and with fine which may extend to one lakh rupees but shall not be less than fifty thousand rupees. Offences by Companies24. Offences by Companies.-(1) If the person contravening the provisions of this Act is a company, every person who, at the time when the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the Company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the contravention took place without his knowledge or that he had exercised due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purpose of this section, -
Cognizance of offence25. Cognizance of offence.- No court below the rank of Chief Judicial Magistrate Court shall take cognizance of any offence punishable under this Act except on a report in writing of the fact constituting such offence by an officer authorised under sub-section (1) of section 12. Grant of injunction etc., by civil courts26. Grant of injunction etc., by civil courts.- No civil court shall grant an injunction or make any order for any other relief against the Government or any officer authorized under this Act, in respect of any act done or purporting to be done by the Government or such officer under this Act or the rules or notifications made thereunder, unless notice of such injunction or other relief has been given to the Government or such officer, as the case may be. Sums due recoverable as arrears of land revenue to Government27. Sums due recoverable as arrears of land revenue to Government.- Any amount due to the Government under the provisions of this Act shall be deemed to be arrears of revenue due on land and shall, without prejudice to any other mode of recovery, be recoverable under the Revenue Recovery Act for the time being in force. Revision28. Revision.- The Government may either suo-motu or on application from any aggrieved party call for the records of any act or proceedings of the Collector in any case under this Act, and pass such orders thereon, as it may deem fit. Protection of action taken in good faith29. Protection of action taken in good faith.-
Power to make rules30. Power to make rules.-
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