LAND ASSIGNMENT ACT

LAND ASSIGNMENT:

Land Assignment in Kerala………… T. James Joseph, Adhikarathil, Kottayam,Kerala. LAND ASSIGNMENT

LAND ASSIGNMENT:

LAND ASSIGNMENT Assignment of land means a transfer of Government land on registry to the persons eligible and includes by way of Lease and a grant of License for the use of land.

Government Land:

Government Land Government land includes: purambokes , Tharisu , Forest lands made available to Revenue, etc.

Assignment of lands in the state is governed by::

Assignment of lands in the state is governed by: THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960 AND RULES MADE THERE UNDER

Legislative history - Before the Re- organisation of States:

Legislative history - Before the Re- organisation of States For Travancore area: THE TRAVANCORE GOVERNMENT LAND ASSIGNMENT ACT, 1097 ( ME) For T.C. area: TRAVANCORE-COCHIN GOVERNMENT LAND ASSIGNMENT ACT, 1950 For Malabar area THE GOVERNMENT GRANTS ACT, 1895 (CENTRAL ACT)

BAR OF SUITS:

BAR OF SUITS No suit against the Government shall be entertained in any Civil Court in respect of any order passed under this Act, except on the ground that: the order is breach of any completed agreement to sign, or the land in respect of which such order has been passed is not Govt. land.

POWER TO MAKE RULES:

POWER TO MAKE RULES Sec. 7 of the Act empowers the Govt. to make Rules on : Prescribing the manner in which assignment whether by public auction or otherwise Prescribing qualification of persons to whom assignment of lands Prescribing the order of priority for the assignment of land Prescribing the authority by which such assignment Prescribing the procedure to be followed in assigning of land Providing for publication of notifications and service of notices

POWER TO MAKE RULES:

POWER TO MAKE RULES Prescribing the procedure for enquiry Prescribing the rates of land and improvements and mode of recovery Providing for the protection of royal trees Prescribing the restrictions, limitations and conditions Providing for appeals Prescribing the time limit for appeals Regulating the powers of the Appellate Authority and the procedure to be followed

POWER TO MAKE RULES:

POWER TO MAKE RULES n. Providing for revision by the Board of Revenue (C.L.R.) and prescribing the time limit Regulating the issue of Patta or other Title deed Prescribing forms, wherever necessary Generally for carrying out the purposes of the Act. All Rules made under this Act shall be laid, for not less than 14 days, before the Legislative Assembly, as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the Session in which they are so laid or the session immediately following . - Sect. 7(3)

GENERAL PRINCIPLES:

GENERAL PRINCIPLES LANDS THAT CANNOT BE SUBJECTED FOR ASSIGNMENT All public roads, streets, lanes and paths, bridges, ditches, dykes and fences on or besides the same; The bed of the sea and of harbors and creeks below high water mark, the beds and bank of rivers, streams, irrigation and drainage channels; All canals, tanks, lakes , back waters and water courses etc.

GENERAL PRINCIPLES:

GENERAL PRINCIPLES Land registered in the name of a person but subsequently abandoned or relinquished and all lands held by right of purchase, resumption, reversion or acquisition. Assignment includes a transfer of land by way of lease and a grant of license for the use of land Assignee includes his/her/their heirs

GENERAL PRINCIPLES:

GENERAL PRINCIPLES Government lands are mainly assigned or leased or licensed: For cultivation (only in Panchayat area) For house sites For shop sites or other commercial or charitable purpose (only in Municipal Corporation area) For beneficial enjoyment

Assignment of Govt. land in general is governed by::

Assignment of Govt. land in general is governed by: THE KERALA LAND ASSIGNMENT RULES,1964 (for Panchayat area only) RULES FOR ASSIGNMENT OF LANDS IN MUNICIPAL, CORPORATION AREAS, 1995

Assignment of Govt. land in special purposes are governed by::

Assignment of Govt. land in special purposes are governed by: 1. THE KERALA LAND ASSIGNMENT (REGULATION OF OCCUPATIONS OF FOREST LANDS PRIOR TO 1-1-1997) SPECIAL RULES, 1993 ( for the purpose of cultivation or for house sites or for shop sites ) 2. THE ARABLE FOREST LAND ASSIGNMENT RULES, 1970 (for the purpose of personal cultivation or for house sites or for both or for cultivation on co- operative basis) 3. RULES FOR ASSIGNMENT OF GOVERNMENT LAND FOR INDUSTRIAL PURPOSES,1964 4. SPECIAL RULES FOR THE ASSIGNMENT OF GOVERNMENT LAND FOR RUBBER CULTIVATION, 1960

Assignment of Govt. land in special purposes are governed by::

Assignment of Govt. land in special purposes are governed by: RULES FOR THE ASSIGNMENT OF GOVERNMENT LANDS FOR SETTLEMENT OF AGRICULTURAL LABOURERS, 1963 THE BHOODAN ASSIGNMENT RULES, 1962 (only to the lands relinquished to Govt. for the purpose) CO-OPERATIVE COLONISATION SCHEME, 1971 (For Govt. lands included in the co-operative colonisation scheme or the Ex- Servicemen Co-operative colonisation scheme sponsored by the Govt. of India) HIGH RANGE COLONISATION SCHEME RULES, 1968 (for lands included in the High range Colonisation scheme in the Taluks of Udumbanchola and Devicolam)

Assignment of Govt. land in special purposes are governed by::

Assignment of Govt. land in special purposes are governed by: KANDUKRIHI LAND ASSIGNMENT RULES, 1958 (for lands covered by the Kandukrishi proclamation,1124) RULES FOR LEASE OF GOVERNMENT LANDS FOR CARDOMOM CULTIVATION, 1961 (for lease of land for cultivation of cardamom in the taluks of Devicolam, Peerumedu, and Udumbanchola) RULES FOR LEASE OF GOVERNMENT LANDS FOR TOBACCO CULTIVATION, 1963 (for lands used for raising tobacco cultivation) RULES FOR LEASE OF LAND OF GOVERNMENT OFFICES AND BUNGALOWS, 1967 (for lease of lands and trees in the compounds of Government offices and Govt. bungalows within road puramboke under PWD

Assignment of Govt. land in special purposes are governed by::

Assignment of Govt. land in special purposes are governed by: RULES FOR SALE OF LANDS FOR COFFEE OR TEA CULTIVATION (REVIVAL) RULES,1974 WASTE LAND RULES REGARDING SALE OF LAND FOR COFFEE OR TEA CULTIVATION SETTLEMENT SCHEME PATTA RULES, 1970 (for those land allotted under the Settlement Scheme or their assignees who are land less) 15. WYNAD COLONISATION SCHEME RULES, 1969 (for Govt. lands included in the Wynad Colonisation Scheme in the Villages of Ambalavayal, Nenmony and Sulthanbathery)

KERALA LAND ASSIGNMENT RULES, 1964:

KERALA LAND ASSIGNMENT RULES, 1964 Purpose for which lands may be assigned Rule 4 Maximum limit to be assigned Rule 5 * Personal cultivation- 50 cents in plain 1 acre in hilly tract * House sites 15 cents Rule 6 * Beneficial enjoyment 15 cents

PRIORITY FOR ASSIGNMENT Rule 7:

PRIORITY FOR ASSIGNMENT Rule 7 For occupied lands: Occupant whose annual family income does not exceed Rs. 30000 Preference for unoccupied: Persons do not own or hold any land and annual family income does not exceed Rs.30000 Persons disabled while in active military service or dependants of who are killed or disabled in active military service

PRIORITY contd…:

PRIORITY contd… Small holders who have not been able to resume their lands whose annual family income does not exceeds Rs.30000 Serving military personnel having service not less than 3 years and who are decorated with gallantry award or their dependants who do not own or hold any land. In the absence of such applicants, other serving personnel with service not less than 10 years and who do not own or hold any land Persons whose annual family income does not exceeds Rs. 30000 and total extent of land owned or held by him is less than the maximum limit

CONDITION OF ASSIGNMENT Rule- 8:

CONDITION OF ASSIGNMENT Rule- 8 Lands granted on registry shall be heritable and alienable Un occupied lands assigned on registry shall not be alienable for a period of 3 years from the date of registry The assignee or a member of his family or his successor in interest shall reside in the land if it is a house site, or personally cultivate if it is granted for cultivation, except in the cases of military personnel The registry shall be liable to be cancelled for contravention of the conditions No registry of land shall be cancelled without giving the party an opportunity of being heard

The following type of lands shall not be assigned :

The following type of lands shall not be assigned Lands situated within the limits of Municipal Corporation areas under these Rules Lands for the specific purpose of cultivating Tea, Coffee, Rubber, Cinchona, Cardamom Lands held under special tenure like Kandukrishi, Viruthi etc. Lands stands transferred and vested with Panchayats etc.

AUTHORITY FOR ASSIGNMENT:

AUTHORITY FOR ASSIGNMENT For persons & family: Personal cultivation & house sites : Tahsildar Beneficial enjoyment : R.D.O For Institutions : Go vt.

PROCEDURES:

PROCEDURES List of assignable lands to be prepared Rule 11(1) Application for assignment Rule 11(8) form App. IV Application for lease Rule 16(1) form App. IV Notice of enquiry Rule 12(1) form App. V (to be published in site, Village office, Taluk office, Panchayat Office)

PROCEDURES contd….:

PROCEDURES contd…. Objection, if any, to be filed within 15 days Application and records of enquiry together with the list of assignable land to be placed before the Taluk Assignment Committee

Taluk Assignment Committee consists of : :

Taluk Assignment Committee consists of : * One representative each of all political parties who have representation in the Assembly, * M.P.& M.L.A. of the Taluk, * Presidents of Grama Panchayats and Block Panchayat * Member of District Panchayat * A nominated member from SC/ST * Tahsildar (Convener) * Special Tahsildar Quorum:- 1/5 of the total members

LANDS TO BE RESERVED FOR GOVERNMENT OR PUBLIC PURPOSE - Rule 11(2):

LANDS TO BE RESERVED FOR GOVERNMENT OR PUBLIC PURPOSE - Rule 11(2) Poramboke lands except those listed for assignment Lands required for Govt. or public purposes other than poramboke Lands required for settlement scheme or any other Govt. schemes Lands likely to be required for the present or future Govt or public purpose Lands on the side of roads required for widening, lands within the port limits, lands on the either sides of streams, channels, lands within 183 meters from the boundary of Aerodromes and landing grounds, land near sea cost

LANDS TO BE RESERVED FOR GOVERNMENT OR PUBLIC PURPOSE contd….:

LANDS TO BE RESERVED FOR GOVERNMENT OR PUBLIC PURPOSE contd…. Lands required for Colonisation purposes Lands specially reserved for assignment to back ward communities Lands containing or believed to contain valuable mineral, quarries etc. Lands acquired for Govt. purposes but not required for such purposes Lands required for Libraries and Reading Rooms

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Land value and other dues to be paid Rule 10 Assignment order to be issued Rule 9(1) in form App.I Patta to be issued Rule 9(2) in form App.II

APPEAL AND REVISION Rule.21:

APPEAL AND REVISION Rule.21 Against the orders of Tahsildar Appeal before R.D.O Revision before C.L.R Against the Orders of R.D.O Appeal before D.C. Revision before C.L.R. Revisional powers vested with Government was struck down by the Hon. High Court of Kerala as per judgment dated 20-10-1998 in WA. No.610/93

RULES FOR ASSIGNMENT OF LANDS WITHIN MUNICIPAL AND CORPORATION AREAS, 1995:

RULES FOR ASSIGNMENT OF LANDS WITHIN MUNICIPAL AND CORPORATION AREAS, 1995 Purpose Rule 3 House sites Shops sites or other commercial or Charitable purposes Beneficial enjoyment Maximum extent of land to be assigned Rule 4 Municipality Corporation House sites 10 cents 5 cents Shops sites or other 10 cents 5 cents commercial or Charitable purposes Beneficial enjoyment 5 cents 3 cents

LAND VALUE to be realised:

LAND VALUE to be realised For House sites Applicants having annual family income less than Rs.24000/- As per KLA Rules 1964 (Rs. 200/- per cent) Between Rs. 24000 & 50000 1/5 of the market value Above Rs. 50000 Full market value In the case of lands other than house sites Full market value Those who possess land excess in limit shall pay full market value

AUTHORITY FOR ASSIGNMENT Rule 2 (b):

AUTHORITY FOR ASSIGNMENT Rule 2 (b) For person & family District Collector For Institution (in public interest) Government APPEAL AND REVISION Rule 18 Appeal from orders of D.C Before CLR Revision Before Government

LAND ASSIGNMENT COMMITTEE:

LAND ASSIGNMENT COMMITTEE One representative each of all the political parties having representation in the Legislative Assembly M.P., M.L.A Chairman of the Municipal Council / Mayor Councilors of the respective wards Nominated members from SC/ST Tahsildar & Special Tahsildar, if any District Collector / R.D.O Convener of the committee : D.C in Corporation area R.D.O in Municipal area

PROCEDURES:

PROCEDURES List of assignable lands to be prepared Rule 6(5) Application for assignment Rule 6(6) form 1 lease Rule 12(i)(a) form 5 Notice of enquiry Rule 7(i) form 2 To be published in Village office, Taluk office, Municipal/ Corporation offices, site etc. Objection, if any- with in 15 days Order of assignment Rule 8 form Issue of Patta Rule 10 form 4

LEASES AND LICENCES UNDER K.L.A RULES,1964:

LEASES AND LICENCES UNDER K.L.A RULES,1964 Purposes Rule 13 Agricultural purposes for SC/ST families and land less and indigent families belong to other communities For beneficial enjoyment For schemes approved by Govt. For agricultural purposes to Co-operative Societies For putting up pandals or sheds for conferences, fairs, festivals and marriages and for entertainments like Cinema, Circus, Drama and Exhibitions

f. Lease or licenses of land for purposes like: :

f. Lease or licenses of land for purposes like: 1, Retting of coconut husks 2. Stocking of materials 3. Play grounds 4. Laying of pipe lines 5. Putting up drainage coverings and construction of steps on road margin 6. Putting up shops 7. Constructions of Petrol bunks 8. Such other purposes as decided by Govt. Lands within port limits for marine and non-marine purposes: Lands within port limit shall be leased out or licenced for marine purposes by Port Dept. in consultation with Rev. Dept. and for non marine purposes by Revenue Dept. in consultation with Port Dept. Rule 13A

Period of lease etc. Rule 14:

Period of lease etc. Rule 14 Agrl. Purpose Tahsildar 2 years 3 acres Beneficial enjoyment Tahsildar 2 years 50 cents Scheme appd. By Govt. Tahr. 5 yrs 5 acres RDO 10 yrs 10 acres D.C 20 yrs 20 acres Agri. to Co-op Societies Tahr 10 yrs 3 acres RDO 10 yrs 10 acres D.C 20 yrs 20 acres Purposes under (e) &(f) as specified by Govt. time to time Conducting Cinema Govt.

CONDITIONS OF LEASE AND LICENCE (Rule 15):

CONDITIONS OF LEASE AND LICENCE (Rule 15) Orders - for agricultural purpose- form Appx. VI for non agricultural purpose- form Appx. VII Shall be heritable but not alienable Termination - after 60 days notice .. on violation of condition - after 15 days notice

PROCEDURE:

PROCEDURE Application in form Appx. IV Rule 16(1) Publication of notice form Appx. V Rule 16(2)&(3) Objection, if any, with in 15 days Rule 16(3) Enquiry Rule 16(5) Rental for trees Rule 17 Rent to be charged Rule 18 (Rate fixed as per GO(MS) 1026/1985/RD. dated: 19-12-1985) Leasing or Licensing of Govt. office compound Rule 19 Proportionate rental to be collected Rule 20

APPEAL AND REVISION:

APPEAL AND REVISION Against orders passed by Tahsildar R D O (Rule 21) Against orders passed by RDO D C Against orders passed by D C C L R C L R is competent to revise, cancel or alter, on its own motion, within 2 years from the date of order, after giving the party an opportunity of being heard. Rule 21 All amount due to Govt., in case of default, is recoverable under KRR Act Rule 23 Special powers to Govt. Rule 24

LEASES AND LICENCES UNDER RULES,1995:

LEASES AND LICENCES UNDER RULES,1995 Application in form 5 Rule 12 (1)(a) No application shall be entertained unless arrears of rent or prohibitory assessment are cleared Lease period shall not exceed 3 years, and shall be renewed on application Order of lease or licence fresh order form 6 Renewal order form 7

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Annual lease rent shall be based on the market value of the land Rule 12(5) Lease rent shall be revised at intervals of every three years Lands held under lease shall not be alienable Rule 14 Preservation of trees Rule 15 Extension of lease Rule 16 Resumption of land on violation of condition Rule 17

APPEAL:

APPEAL Appeal Rule 18 Against the orders passed by D.C - CLR Against the orders passed by CLR - Govt. Recovery of amount under R R Act Rule 20

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. Thank You………………………… T. James Joseph, Adhikarathil, Kottayam,Kerala.