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{{infobox | {{infobox | ||
| nameofpractice =No entry | |||
| flagemoji =🇮🇳 | |||
| definition =Deed of sale of land, which has been signed by a notary, but without paying tax or being registered by the Land authorities | |||
| location =India | |||
| imagemap =India map.png | |||
| clusters = | |||
}} | [[:Category:Market|Market]] – [[:Category: Functional ambivalence| Functional ambivalence]] – [[:Category: Gaming the system| Gaming the system]] – [[:Category: Camouflage| Camouflage]] – [[:Category: Intermediation| Intermediation]] | ||
| categories = | |||
[[:Category:India|India]] – [[:Category: South Asia| South Asia]] – [[:Category: Property| Property]] – [[:Category: Taxation| Taxation]] – [[:Category: Tax avoidance| Tax avoidance]] – [[:Category: Public service| Public service]] – [[:Category: Land| Land]] | |||
| authorofpiece =Nikhilesh Sinha and Indivar Jonnalagadda | |||
| authorinstitution =Department of Bartlett Development Planning Unit, University College London, UK and Hyderabad Urban Labs, India | |||
The term ''no entry'' refers to an informal system of land transfer that is prevalent within the urban limits of Hyderabad, India. While similar practices may exist in other parts of the country, the term is specific to Hyderabad, which is India’s fifth largest city, and the capital of the recently formed state of Telengana. The term itself derives from the English word ‘notary’ or ‘notary public,’ through the agency of which the alienation and transfer of property rights is deemed to be ratified. A notary public of the common law is a public officer appointed by either the central or state government to serve the public in matters concerned with estates, deeds, powers of attorney, and foreign and international business (SRO.324, The Notaries Rules, 1956). ''No entry'' is a colloquialism which has passed into common use, and while its root may be an English word, it is used frequently and even predominantly by those who do not speak English. The term can relate to the land that is being informally transferred, to the informal way it has been transferred, or to the informal documents that accompany such informal transactions. | | authorwebsite =[https://www.ucl.ac.uk/bartlett/development/nikhilesh-sinha Profile page at UCL], [https://www.sas.upenn.edu/anthropology/people/indivar-jonnalagadda Profile page at UP]}} | ||
<big>'''By Nikhilesh Sinha and Indivar Jonnalagadda, Department of Bartlett Development Planning Unit, University College London, UK and Hyderabad Urban Labs, India'''</big> | |||
[[Category:Market]] | |||
[[Category: Functional ambivalence]] | |||
[[Category: Gaming the system]] | |||
[[Category: Camouflage]] | |||
[[Category: Intermediation]] | |||
[[Category:India]] | |||
[[Category: South Asia]] | |||
[[Category: Property]] | |||
[[Category: Taxation]] | |||
[[Category: Tax avoidance]] | |||
[[Category: Public service]] | |||
[[Category: Land]] | |||
[[Category:Entry]] | |||
[[Category: Volume 2]] | |||
{| class="wikitable" | |||
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|style="font-size:1.1em;"|The term ''no entry'' refers to an informal system of land transfer that is prevalent within the urban limits of Hyderabad, India. While similar practices may exist in other parts of the country, the term is specific to Hyderabad, which is India’s fifth largest city, and the capital of the recently formed state of Telengana. The term itself derives from the English word ‘notary’ or ‘notary public,’ through the agency of which the alienation and transfer of property rights is deemed to be ratified. A notary public of the common law is a public officer appointed by either the central or state government to serve the public in matters concerned with estates, deeds, powers of attorney, and foreign and international business (SRO.324, The Notaries Rules, 1956). ''No entry'' is a colloquialism which has passed into common use, and while its root may be an English word, it is used frequently and even predominantly by those who do not speak English. The term can relate to the land that is being informally transferred, to the informal way it has been transferred, or to the informal documents that accompany such informal transactions. | |||
|} | |||
''No entry'' transactions are informal as they do not go through the State Revenue Department – the authority in charge of all matters pertaining to urban and rural lands at the State level (sub-national), including land expropriation, registration of transactions, determining terms of tenure, documenting title deeds etc. <ref>Banerjee, B. 2002a. 'Security of Tenure in Indian Cities', in Durand-Lasserve, A. and Royston, L. (eds), ''Holding Their Ground: Secure land tenure for the urban poor in developing countries.'' London: Earthscan: 37–58</ref>. Formal land transactions not only involve a notary, but are also approved by the state revenue department. In the case of a ''no entry'' transaction, the vital additional step of being approved by the state revenue department – and the resultant paying of land tax and stamp duty – is not taken. While the notary is a public officer, the ratification of property exchange without the State Revenue Department’s approval and formal registration constitutes an extra-legal act. | ''No entry'' transactions are informal as they do not go through the State Revenue Department – the authority in charge of all matters pertaining to urban and rural lands at the State level (sub-national), including land expropriation, registration of transactions, determining terms of tenure, documenting title deeds etc. <ref>Banerjee, B. 2002a. 'Security of Tenure in Indian Cities', in Durand-Lasserve, A. and Royston, L. (eds), ''Holding Their Ground: Secure land tenure for the urban poor in developing countries.'' London: Earthscan: 37–58</ref>. Formal land transactions not only involve a notary, but are also approved by the state revenue department. In the case of a ''no entry'' transaction, the vital additional step of being approved by the state revenue department – and the resultant paying of land tax and stamp duty – is not taken. While the notary is a public officer, the ratification of property exchange without the State Revenue Department’s approval and formal registration constitutes an extra-legal act. | ||
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While the ''no entry'' system is specific to Hyderabad, most of the informal systems of land property transfer mentioned above perform similar functions in rural as well as urban contexts in developing countries. In rural contexts, they provide a low-cost means of enabling free-market transactions that brings land to its most productive use <ref>Deininger, K. and Feder, G. 2001. 'Land Institutions and Land Markets', in Gardner, B. L. and Rausser, G. C. (eds). ''Handbook of Agricultural Economics''. Amsterdam: North-Holland: 288–331</ref>. For instance, land that is not being cultivated may be brought under cultivation by the new owners, especially where certain investments are required which would be uneconomical under a short-term lease. These informal mechanisms of transfer may also be recognised by informal lenders, allowing access to capital, where formal systems may be cumbersome or unavailable. Most significantly, these systems are more accessible to a wider set of potential buyers and sellers, providing greater equity in land markets. In urban settings, the issue of access to land is often intimately linked to access to housing or shelter, and associated benefits such as livelihood opportunities, public services and credit <ref>Payne, G. 2002. 'Introduction', in Payne, G. (ed.), ''Land, Rights and Innovation: Improving Tenure Security for the Urban Poor.'' London: ITDG Publishing: 3–22</ref>. In countries like India where one in four city dwellers can be classified as poor, informal systems like ''no entry'' provide access to basic services for a vast number of people. | While the ''no entry'' system is specific to Hyderabad, most of the informal systems of land property transfer mentioned above perform similar functions in rural as well as urban contexts in developing countries. In rural contexts, they provide a low-cost means of enabling free-market transactions that brings land to its most productive use <ref>Deininger, K. and Feder, G. 2001. 'Land Institutions and Land Markets', in Gardner, B. L. and Rausser, G. C. (eds). ''Handbook of Agricultural Economics''. Amsterdam: North-Holland: 288–331</ref>. For instance, land that is not being cultivated may be brought under cultivation by the new owners, especially where certain investments are required which would be uneconomical under a short-term lease. These informal mechanisms of transfer may also be recognised by informal lenders, allowing access to capital, where formal systems may be cumbersome or unavailable. Most significantly, these systems are more accessible to a wider set of potential buyers and sellers, providing greater equity in land markets. In urban settings, the issue of access to land is often intimately linked to access to housing or shelter, and associated benefits such as livelihood opportunities, public services and credit <ref>Payne, G. 2002. 'Introduction', in Payne, G. (ed.), ''Land, Rights and Innovation: Improving Tenure Security for the Urban Poor.'' London: ITDG Publishing: 3–22</ref>. In countries like India where one in four city dwellers can be classified as poor, informal systems like ''no entry'' provide access to basic services for a vast number of people. | ||
==References== | |||