Conversion, District Level Authorised Committee, Drainage Channel,
Intermediary Crop, Kudumbasree Units, Local Self Government Institution,
Paddy Land, Padasekhara Samithi, Public Purpose, Reclamation, Wetland
Amendment appended: 14 of 2011

ACT 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
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

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

  1. Short title and commencement. – (1) This Act may be called the
    Kerala Conservation of Paddy Land and Wetland Act, 2008.
    (2) It extends to the whole of the State of Kerala.
    (3) It shall come into force at once.
  2. Definitions. – In this Act, unless the context otherwise requires,-
    (i) ‘Collector’ means the Collector of the district and includes
    any other officer appointed or authorised by the
    Government to perform the functions of the Collector;
    “(ii) “Committee” means the Local Level Monitoring Committee
    constituted under section 5″;
    (iii) ‘conversion’ means the situation whereby, land that has
    been under paddy farming and its allied constructions like
    drainage channels, ponds, canals, bunds and ridges are put
    to use for any other purpose;
    (iv) ‘district’ means a revenue district;
    (v) “District Level Authorised Committee” means the District
    Level Authorised Committee constituted under section 9″;
    (vi) ‘drainage channel’ means the inlets or outlets for the flow of
    water to or from a paddy land;
    (vii) ‘Government’ means the Government of Kerala;
    viii) ‘holder of paddy land’ means a person holding any paddy land
    whether as owner or under a legal right;
    (ix) “intermediary crop” means short term crop, cultivated in
    between two paddy cultivation periods in an interchangeable
    manner according to the ecological nature of the paddy land, like
    vegetables, pulses, plantain, fish, etc.;
    (x) ‘Kudumbasree units’ means the Kudumbasree unit
    functioning under the State Poverty Eradication Mission of the
    Government and includes the Self Help Groups;
    (xi) ‘Local Self Government Institution’ means a Panchayat as
    defined in the Kerala Panchayat Raj Act 1994 (13 of 1994)
    or a Municipality as defined in the Kerala Municipality Act
    1994 (20 of 1994);
    (xii) ‘paddy land’ means all types of land situated in the State
    where paddy is cultivated at least once in a year or suitable
    for paddy cultivation but uncultivated and left fallow, and
    includes its allied constructions like bunds, drainage
    channels, ponds and cannals;
    (xiii) ‘Padasekhara Samithi’ means an organisation of farmers of a
    locality registered under any law for the time being in force,
    with the objective of promoting cultivation of paddy and
    allied crops;
    (xiv) “Public purpose” means purposes for the schemes
    undertaken or financed by the Centre-State Governments,
    Government-Quasi-Government Institutions, Local Self
    Government Institutions, Statutory Bodies and other
    schemes, as may be specified by the Government, from
    time to time;
    (xv) ‘reclamation’ means such act or series of acts whereby a
    paddy land or a wetland, as defined in this Act is converted
    irreversibly and in such a manner that it cannot be reverted
    back to the original condition by ordinary means;
    (xvi) ‘State’ means the State of Kerala;
    (xvii) “State Level Committee” means the State Level
    Committee Constituted under section 8;
    (xviii) ‘Wetland’ means land lying between terrestrial and aquatic
    systems, where the water table is usually at or near the
    surface or which is covered by shallow water or
    characterized by the presence of sluggishly moving or
    standing water, saturating the soil with water and includes
    backwaters, estuary, fens, lagoon, mangroves, marshes, salt
    marsh and swamp forests but does not include paddy lands
    and rivers;
    (xix) “year” means a Malayalam calendar year”.
  3. Prohibition on conversion or reclamation of paddy land.-(1) On
    and from the date of commencement of this Act, the owner, occupier or
    the person in custody of any paddy land shall not under take any activity
    for the conversion or reclamation of such paddy land except in
    accordance with the provisions of this Act.
    (2) Nothing contained in sub-section (1) shall apply to the
    cultivation of any intermediary crops that are cultivated without
    changing the ecological nature of that paddy land or the strengthening of
    the outer bunds for protecting the cultivation.
  4. 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.
  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
    (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
    : Members
    The Agricultural Officer shall be the convener of the Committee.
    (3) The Committee shall have the following powers, namely:-
    (i) Subject to the provisions of this Act, to recommend to
    the State Level Committee or District Level Authorised Committee, as
    the case may be, for the reclamation of paddy land for public purpose or
    for construction of residential building for the owner of the paddy land:
    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 situate 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,
    (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 by the State Land Use Board or any
    Central-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
    (ii) to make alternate arrangements under section 16 where
    a paddy is left fallow without taking steps in spite of the instructions
    given by the Committee under item (iv) of sub-section (3);