Agricultural Law

Union Hluttaw Law No. 11/2012

8 Waxing of Tague, 1373
30 March, 2012
The Union Hluttaw promulgated this Law

Chapter I
Title, Commencement of Effectiveness, Interpretations

1. This Law shall refer to as Agricultural Law.

2. This Law shall commence its effectiveness on the date when the President specifies
under Notification.
3. The following expressions provided in this Law shall mean to interpret as under:
(a) Agricultural Land shall mean to interpret those lands specified as paddy land,
agricultural land, farm land, hill side land, perennial tree plantation land, nipa palm
plantation land, orchard land, OR vegetable, flower garden land or alluvial plain.
Whereas, the expression shall not include those lands where public residences,
religions buildings, premises are located and public land area which do not utilize for
promoting agriculture.
(b) Paddy land shall mean to interpret the land on which paddy is mainly grown where
water is kept under conservation after obtaining either through natural source or by
artificial means created by mankind.
(c) Alluvial Plain shall mean to interpret the land which submerged under water and
depending or alteration of annual current flow, the earth and its formation takes to a
new shape and therefore it is a loose unsteady kind of land.
(d) The Right to Male Cultivation shall mean to interpret that the State being the actual
owner of all lands, holding thus Law and Rules and Regulations issued under this
Law, giving permit to do agriculture and utilize the land in accord with this Law, and
adopted Rules and Regulation for promoting agricultural productivity. But this permit
 shall not include extraction of natural resources such as gems, minerals, oil and gas
existing above ground or underground.
(e) Farmer shall mean to interpret a person who meets one of the following conditions:
(1) A person, utilizing the land earns his basic living by doing agriculture or keeping
livestock breeding or running both trades personally by himself or had being
doing this business all along the time without interruption.
(2) In the year concerned, a person utilizing the land earns his basic living by doing
agriculture or keeping livestock breeding or running both trades by supervising
the work all along the time without interruption by himself.
(3) A person utilizing the land, investing capital asset for growing and producing
seasonal crops, orchard fruits, perennial tree crops or for running commercial
livestock breeding which he personally works by himself or supervises and
manages by himself throughout the period of professing this occupation.
(4) A person taking part in agricultural and livestock breeding by utilizing land.
(5) Utilizing the land, a person producing seeds, seedlings, species or strains and
breeds personally by himself, encouraging production in agriculture, livestock
breeding and their related business occupations.
(f) Farmer Family Member shall mean to interpret family members of a farmer head
staying together in the family due to having blood relation with the head or being
related with the head by marriage to someone in the family.
(g) Head of Family shall mean to interpret the Head of a family and the person who leads
in the affairs of that family.
(h) Renovation for Promoting Development in Agriculture by Infrastructure shall mean
to interpret renovation made in an attempt to raise the value agricultural land forever
at the expense previous farmers holding the right to work on the land prior to the
latest farmer. The expression shall include activities made for permanent
development in constructing building where farmer could live in or the building
constructed which could support agricultural works, or measures taken for water
supply and water drainage, constructing irrigations, lakes wells, dams, streets other
related works in promoting agricultural sector. But activities in cultivation as that of
 clearing the land, making paddy dikes and other required measures made occasionally
for improvement of the work shall not include in the task.
(i) Guardian shall mean to interpret a party who was appointed by a competent Court to
act as a guardian giving care and protection to a minor or a mentally deranged person
or his propertied or both categories-person as well as properties.
(j) Farmer or Peasant Organization shall mean to interpret a former Organization
organized in accord with a certain Law promulgated with objective of extending
support to the development of rural economy.
(k) Ministry shall mean to interpret the Ministry of Agriculture and Irrigation of the
Union of Myanmar.
(l) Department shall mean to interpret settlement and Land Record Department.

Chapter II
Sanctioning the Right to Work on Agricultural Land

4. The party holding right to utilize agricultural land shall apply Township Department in
compliance with specified conditions through ward or Village Agricultural Land
Management Committee concerned for holding right to work on Agricultural Land.
5. Regarding application on holding right to work on Agricultural Land, in accord with
Section-4, Township Department shall scrutinize in compliance with specified
conditions and submit it to Township Agricultural Management Committee.
6. Regarding agricultural lands existing on the date of coming into force of this Law,
Township Agricultural Land Management Committee, with the approval of District
Agricultural Land Management Committee shall let the following Party or Organization
remit registration fees and enter registration at the Township Department Office in
accord with prescribed conditions and issue that Party or Organization the right to work
on Agricultural Land Permit.
(a) If the applicant is an individual Party

(1) The family holding the right to utilize agricultural land shall be a farmer family or
a member of that family.
 (2) Head of the family or a member of family or the Guardian of family holding the
right to utilize agricultural land shall be the party currently working legally on the
land under existing Agricultural Land Laws prior to promulgation of this Law.
(3) In aftermath of promulgation of this Law, the applicant shall be the party legally
holds the right to enjoy working on agricultural land shall be in agreement with
this Law or in compliance with provisions of Rules adopted under this Law.
(4) The applicant shall attain (18) years of age.
(5) He/ or she shall a Citizen or Associate Citizen or a Naturalized Citizen.
(a) If the applicant is an Organization, it shall either be a Government Department,
Government Organization or Non-Government Organization or a Company or an
Association.
7. In aftermath of this Law come into force, regarding agricultural lands revoking the
right to work on or those lands occasion ably reclaimed by the State, Township
Agricultural Management Committee, with the approval of District Agricultural
Management Committee shall let the following Party or Organization remit registration
fees and enter registration at Township Department Office in accord prescribed
conditions and issue that Party or Organization the right to work on Agricultural Land
Permit.
(a) If the applicant is an individual Party, he shall meet the following conditions:
(1) He shall be a person working in agricultural profession utilizing agricultural land.
(2) If there is no specific reason, he shall be a person setting in ward concerned or
village tract concerned.
(3) He shall fully attain (18) years of age.
(b) If the applicant is an Organization, it shall be a Government Department
Organization, a Government Organization, Non-Government Organization, a
Company or an Association which looks forward to work agricultural profession
genuinely.
8. Township Agricultural Land Management Committee, in accord with provisions under this
Law, shall let the Party who had purchased the right to work on agricultural land,
exchanging the land or a recipient of agricultural land given by someone or the person
holding right to work on agricultural land under this Law after he had reclaimed vacant
 land, fallow land and virgin soil holding permit to work on and utilize the land as an
agricultural area remit registration fees and enter registration at Township Department
Office in accord with prescribed conditions shall issue him the right to work on
Agricultural Land Permit.

Chapter (III)
Right & Privileges of Party Holding Right to
Work on Agricultural Land

9. Party holding right to work on agricultural Land shall enjoy the following rights and
privileges:
(a) Holds right to keep agricultural land in possession, right to work on agricultural land
and enjoy benefits attained as consequence from such right.
(b) In accord with prescribed conditions on the right to work on agricultural land, shall
hold the right to sell, mortgage, lease, exchange or give away to some one part or whole
of his agricultural land.
(c) If any dispute arises regarding inheritance of the right to work on agricultural land he
shall hold the right to accept judgment of the Court concerned.
(d) Holds the right to work on Agricultural Land as long as he does not violate specified
conditions.
(e) For development of agriculture on agricultural land, he holds the right to make mutual
beneficial cooperation by contributing in Village or Rural Cooperative Society
investment or by participating in private investors’ investment.
(f) Holds the right to make mutual beneficial cooperation with a foreigner or with an
organization participated by foreigner in working on agricultural land in accord with
Foreign Investment Law of the Republic of the Union of Myanmar.
10. Provisions stipulated under Sections 4, 5,6,7,8 and 9 of this Law shall not include
allotment given to alluvial lands.
11. Relating with allotment on alluvial lands it shall provided in Rules adopted under this
law.

Chapter (IV)

Conditions to be followed by the Party holding Right to Work on Agricultural Land

12. Party holding Right to Work on Agricultural Land shall observe the following conditions:
(a) Shall employ Agricultural Land as provided in this Law.
(b) Regarding agricultural Land, shall pay land tax and other tax & revenue levied by the
Ministry.
(c) On selling, mortgaging, leasing, exchanging and giving away the Right to Work on
agricultural land, he shall register it by paying stamp revenue, Deeds registration fees as
prescribed by the Department at Township Department Office concerned.
(d) On holding the Right to work on agricultural land by inheritance under existing Law, he
shall register it at the Department Office concerned.
(e) Shall have right to mortgage the right of employing agricultural land only for making
investment in agricultural production and then shall engage mortgage only at the
Government Bank or at the Bank recognized by the Government.
(f) Shall not trespass or intrude the land and work on it without legal allotment given by
Agricultural Land Management Committee concerned.
(g) Shall not utilize agricultural land on other ways and means other than agricultural
employment without Permit Order.
(h) Without Permit Order no kind of crop other than original one under plantation shall be
altered in growing on agricultural land.
(i) Without any firm reason, agricultural land shall not keep remain idle.
(j) During the period to holding the right to employ agricultural land or at the time when a
dispute arises on the right in employing the land, he shall not sell, mortgage lease,
exchange or giving it away to some other party.
 13. In aftermath of this come into force, if any dispute arises on employing agricultural land it
shall be able to settle the matter only after it had registered at the Department.
14. Without permission from the Government, party holding the right to work on or emlay
agricultural land shall not partly or wholly sell, mortgage, lease, exchange or give it away
to any foreigner or to any organization which a foreign participates in the activities.
Chapter V
Origaning Different Levels of Agricultural
Land Management Committee

15. The Union Government shall

(a) Organize Central Agricultural Land Management Committee Comprising Union

Minister for the Ministry of Agriculture and Irrigation acting as the Chairman,
Deputy Minister for the Ministry of Agriculture and Irrigation as Vice-Chairman,
Director General of Settlement and Land Record Department as the Sectary and
Heads of Government Departments and Government Organizations concerned as
members.
(b) Central Agricultural Land Management Committee Organized under Sun-Section (a)
may concerned and reorganize occasionally.
16. Central Agricultural Land Management Committee shall
(a) Organize the following different levels of Agricultural Land Management
Committee.
(1) Region or State Agricultural Land Management Committee.
(2) District Agricultural Land Management Committee.
(3) Township Agricultural Land Management Committee.
(4) Ward or Village Tract Agricultural Land Management Committee.
(b)Different Levels of Agricultural Land Organized under Sub-Section (a) may
amend and recognize occasionally.

Chapter VI
Duties and Responsibilities of Central Agricultural Management Committee
17. Duties and Responsibilities of Central Agricultural Management Committee are as follows:
(a) Adopting and specifying duties and responsibilities of different levels of
Agricultural Land Management Committee which include Region or State level,
District, Township, Ward or Village Tract Levels respectively.
(b)Makes registration on the right to work on Agricultural Land; issue certificate

permitting the right to work on Agricultural Land; giving permission on the right to
work on agricultural land and the right to utilize agricultural land and gives guidance
and supervision on dispute settlement.
(c) Gives guidance and supervision o taking measures on controlling setting, mortgaging,
exchanging and giving away the right to work on agricultural land.
(d) Revoking the right to work on or employing agricultural land of a party who was
penalized under one the administrative punishments stipulated under Section 19, Sub-
Section (c) and (d); or kind of agricultural land which falls under category stated
under Section 31 or revoking the right to work on agricultural land of the party
punished under Section 37.
(e) Scrutinizes and gives confirmation on submissions forwarded by Region or State
Agricultural Land Management Committee on utilizing agricultural land in favor of
implementing rural and urban housing projects due to the requirement of constructing
buildings for increasing population and families in rural as well as in urban areas.
(f) Scrutinizes and gives confirmation on Agricultural Land Management Committee
submissions forwarded by Region or State on utilizing agricultural land in favour of
constructing required buildings such as schools, health department, hospitals,
dispensaries libraries, rural markets, and cemeteries etc, related with social
development of rural community.
(g) Scrutinizes and gives confirmation on submissions forwarded Region or State
Agricultural Land Management Committee on utilizing agricultural land in favour of
constructing required means of production and infrastructures, maintaining
agricultural use machines and machinery equipments, rice mills, crops storing
warehouse which are basic requirements in transiting from manual agricultural
farming to modern mechanized farming for the development of agricultural sector.
 (h) Scrutinizes and gives confirmation on submissions forwarded by Region or State
Agricultural Land Management Committee on utilizing agricultural land in favour
reclaiming agricultural land for the development of agricultural land for the
development of agricultural sector in transiting from manual agricultural farming to
modern mechanized farming.
(i) Regarding giving permission on the right to work on alluvial land adopts policies on
rights and privileges of parties holding right on employing alluvial land and gives
guidance and supervision on the matter.
(j) Giving guidance and supervision on land clearing for plantation in shifting
cultivation.
(k) Carrying out duties occasionally assigned by the Union Government relating matters
on agricultural land.
18. According to provisions stipulated in this Law, for matters on selling, mortgaging,
leasing, exchanging and giving away to someone relating with the right to work on or
employ agriculture land, the two parties shall make mutual Agreement before Ward or
Village Tract Agricultural Land Management Committee and enter registration at
Township Department Office concerned. In this case, the Central Agricultural Land
Management Committee may entrust authority to appropriate Agricultural Land
Management Committee and assess the value of agricultural land which is appropriate
with existing local conditions.

Chapter VII
Action taken for Failure of Observing Provided Conditions

19. In failing to observe one of the conditions or all conditions provided in this Law
under Section (12), Agricultural Land Management Committee appointed by Ministry for
this matter shall investigate in accord with this Law and in compliance with Rules issued
under this Law and may issue one of the following Orders or more than a single Order.
(a) Let the Offender pay prescribed fine.
(b) Let the agricultural land be done in the way prescribed by the Committee.
 (c) Drive out those undesirable parties of agricultural land.
(d) Moving out buildings constructed on agricultural land without permission.
20. If the party holding right to work on agricultural land fails to follow the Order
issued in accord with Section 19 and if the Offender still fails to follow the order,
Agricultural Land Management Committee may file the suit against him at the Court
concerned.
21. If the party holding the right to work on agricultural land fails to pay tax and
revenue imposed by the Ministry, in accord with existing laws, these revenues shall be
collected from him as the revenue in arrear still left unpaid.

Chapter VIII
Dispute Settlement Over the Right to Work on Or the Right to Employ
Agricultural Land and Appeal Submission

22. Registering dispute over the right to work on agricultural land, Ward or Village
Tract Agricultural Land Management Committee shall open (FIR- First Information
Report) case and make investigation and hearing over the matter and pass judgment on
the argument.
23. (a) The party who dissatisfies with the decree or judgment passed in accord with
Section 22 by Ward or Village Tract Agricultural Land Management Committee
may submit appeal to Township Agricultural Land Management Committee
concerned incompliance with specified conditions within 30 days from the date of
passing that decree or judgment.
(b) Township Agricultural Land Management Committee may give confirmation,
make amendment or nullify the decree or judgment passed by Ward or Village
Tract Agricultural Land Management Committee.
24. (a) The party who dissatisfies with the decree or judgment passed by Township
Agricultural Land Management Committee under Section (b) may submit appeal
to District Agricultural Land Management Committee concerned in compliance
 with specified conditions within 30 days from the date of passing that decree or
judgment.
(b) District Agricultural Land Management Committee may give confirmation or
make amendment or nullify the decree or judgment.
25. (a) The party who dissatisfies with the decree or judgment passed by District
Agricultural Land Management Committee under Section 23, Sub-Section (b)
may submit appeal to Region or State Agricultural Land Management Committee
concerned in compliance with specified conditions within 30 days from the date
of passing that decree or judgment.
(b) Region or State Agricultural Land Management Committee may give
confirmation or make amendment or nullify the decree or judgment passed by
District Agricultural Land Management Committee.
(c) Judgment passed on the dispute by the Region or State shall be final.

Chapter IX
Compensations and Indemnities

26. Notwithstanding a certain existing Law may provide, to totally avoid loss or
grievance on the sufferer who was affected by confiscation for the benefit of state
and public of his agricultural land and buildings constructed thereon for improving and
renovation of agriculture, the Central Agricultural Land Management Committee shall
make required coordination for paying compensation or indemnifying by some other
means to the sufferer by parties concerned.
27. The party whose right on employing agricultural land or his agricultural land being
revoked by Central Agricultural Land Management Committee in accord with Section 17,
Sub-Section (d), shall not be the party enjoyable on compensation or indemnity.

Chapter (X)
 Utilization of Agricultural Land

28. Regarding application on changing in planting crop from original one currently under
plantation to another kind of crop, it may be executed as under:

(a) Central Agricultural Land Management Committee shall scrutinize the application in
compliance with prescribed conditions so as to avoid affect on rice sufficiency the main staple
crop of the State and may give permission on changing crop plantation on agricultural Land.

(b) Region or State Agricultural Land Management Committee shall scrutinize the
application in accord with prescribed conditions may give permission on changing crop
plantation on agricultural land except on paddy field (or land)

29. The Ministry concerned intending to implement a Planning by utilizing agricultural land
through State other ways and means for major planning looking forward to attain long term
national interest of the Union shall receive remark from Central Agricultural Land Management
Committee and may utilize agricultural land with permission of the Union Government.

30. Relating with utilization of agricultural land by other alternate ways and means for the
interest of the public, it may execute in the following manner

(a) Central Agricultural Land Management Committee, with recommendation of Region

of State Agricultural Land Management Committee may give permission on utilizing
agricultural land by other alternate ways and means.

(b) Region or State Government concerned, with exception of paddy land, with
recommendation of Region or State Agricultural Land Management Committee may give
permission on utilizing agricultural land by other alternate ways and means.

31. After attaining permission on utilizing agricultural land by other alternate ways and means if
the applicant fails to commence utilizing the land in prescribed means within (6) months
from the date of holding permission or fail to implement to work within targeted time
Central Agricultural Land Management Committee may revoke the said Agricultural
Land.
 Chapter (XI)
Management on Agricultural Land

32. In confiscating Agricultural Land for planning that give national interest shall seize the least
required area of land. Planning shall implement in most possible specified shortest period and if
the Planning fails to implement in further, the said agricultural land shall handover to the
previous party or organization holding right to work on the land.
33. With exception of the order issued by the Union Government or by the authority appointed
by the Union Government on utilizing agricultural land by other alternate ways & means,
buffalo, cow and other animal grazing ground and common village lands shall maintain as it is
without affecting any damage.

34. Regarding vacant land, fallow land and virgin soils which were permitted by Central Vacant
Land, Fallow Land and Virgin Soil Management Committee for employing agriculture and
livestock breeding or sanctioning the right to utilize these lands, if crop plantation or crop
production returns to normal productivity, the lands shall convent to agricultural land and shall
include in this

Chapter (XII)
Offences & Punishments

35. Whoever holding the right to work on agricultural land fails to follow decree passed in
accord with section 19 or whoever fails to follow decree or judgment on dispute relating with the
right on employing agricultural land under this Law should be convicted of committing such
offence shall be punished at least 6 month imprisonment or the most shall extend to 2 years and
besides shall fine at least three lakhs (300,000) Kyat, extending the most to 5 lakhs (500,000)
Kyat.
36. The party who is charged and convicted for failing to observe the decree passed under
Section 19, should have committed and convicted of the same offence before, he shall be
punished for the second repeated offence the highest prison term provided under Section 35.
37. Whoever holds the right to work on agricultural land found to violate restriction stipulated in
Section 14 and convicted of the offence he shall be punished a minimum one year imprisonment
extending to maximum 3 year imprisonment and besides shall be fired not less than ten lakhs
(1,000,000) Kyat. Moreover, cash and properties related with the offence shall be confiscated as
Publish Property.

Chapter (XIII)

General

38. Looking forward to the development of Socio – Economic life of farmers, Farmers’ or
Peasants’ Organization may organize in accord with Laws enacted.
39. Members participating in different levels of Agricultural Land Management Committee
organized under this Law in accord with interpretation provided in Crime Law Section 21 shall
assume Public Service personnel.

40. A sincere and honest service of members serving at different levels of Agricultural Land
Management Committee, in accord with this Law or and Rules there under shall not be accused
or filed any suit against them at any Court.

41. Offence filed against the Offender under Section 37 shall specify as the Offence under
jurisdiction of Police.

42. In implementing provisions stipulated in this Law,

(a) The Ministry, with the approval of Union Government may issue of requires, Rules and
Regulations.

(b) If required, Central Agricultural Land Management Committee and Department, issue
Notifications Orders, Directives and Procedures.

43. The following Laws shall be revoked by this Law.

(a) 1953 State Own Agricultural Land Act as Public Property.

(b) 1963 Tenancy Law

(c) 1963 Protection Peasants’ Right Law.

Hereby, in accord with State Constitution I undersign in witness of enacting this Law.
 Sd/- ***

President

The Republic of the