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

Land Assignment Act

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Page 1: Land Assignment Act

Land Assignment in Kerala…………

T. James Joseph, Adhikarathil,

Kottayam,Kerala.

LAND ASSIGNMENTLAND ASSIGNMENT

Page 2: Land Assignment Act

LAND ASSIGNMENTLAND ASSIGNMENT

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

Page 3: Land Assignment Act

Government LandGovernment Land

Government land includes:Government land includes:purambokes ,purambokes , Tharisu,Tharisu, Forest lands made Forest lands made

available to Revenue, available to Revenue, etc.etc.

Page 4: Land Assignment Act

Assignment of lands in the state is governed by:Assignment of lands in the state is governed by:

THE KERALA THE KERALA GOVERNMENTGOVERNMENT

LAND ASSIGNMENT ACT, LAND ASSIGNMENT ACT, 19601960

AND RULES MADE THERE UNDERAND RULES MADE THERE UNDER

Page 5: Land Assignment Act

Legislative history - Before the Re- organisation of StatesLegislative history - Before the Re- organisation of States

For Travancore area:For Travancore area:THE TRAVANCORE GOVERNMENT THE TRAVANCORE GOVERNMENT

LAND ASSIGNMENT ACT, 1097 (LAND ASSIGNMENT ACT, 1097 (ME)ME) For T.C. area:For T.C. area:

TRAVANCORE-COCHIN GOVERNMENT TRAVANCORE-COCHIN GOVERNMENT

LAND ASSIGNMENT ACT, 1950LAND ASSIGNMENT ACT, 1950 For Malabar areaFor Malabar area

THE GOVERNMENT GRANTS ACT, 1895THE GOVERNMENT GRANTS ACT, 1895(CENTRAL ACT)(CENTRAL ACT)

Page 6: Land Assignment Act

BAR OF SUITSBAR OF SUITS

No suit against the Government shall be entertained in any No suit against the Government shall be entertained in any Civil Court in respect of any order passed under this Act, Civil Court in respect of any order passed under this Act, except on the ground that:except on the ground that:

the order is breach of any completed agreement to the order is breach of any completed agreement to sign, sign, oror

the land in respect of which such order has been passed the land in respect of which such order has been passed is is not Govt. land.not Govt. land.

Page 7: Land Assignment Act

POWER TO MAKE RULESPOWER TO MAKE RULES

Sec. 7 of the Act empowers the Govt. to make Rules onSec. 7 of the Act empowers the Govt. to make Rules on::

a)a) Prescribing the manner in which assignment whether by Prescribing the manner in which assignment whether by public auction or otherwisepublic auction or otherwise

b)b) Prescribing qualification of persons to whom assignment of Prescribing qualification of persons to whom assignment of landslands

c)c) Prescribing the order of priority for the assignment of landPrescribing the order of priority for the assignment of land

d)d) Prescribing the authority by which such assignmentPrescribing the authority by which such assignment

e)e) Prescribing the procedure to be followed in assigning of Prescribing the procedure to be followed in assigning of landland

f)f) Providing for publication of notifications and service of Providing for publication of notifications and service of noticesnotices

Page 8: Land Assignment Act

POWER TO MAKE RULESPOWER TO MAKE RULES

g.g. Prescribing the procedure for enquiryPrescribing the procedure for enquiry

h.h. Prescribing the rates of land and improvements and mode of Prescribing the rates of land and improvements and mode of recoveryrecovery

i.i. Providing for the protection of royal treesProviding for the protection of royal trees

j.j. Prescribing the restrictions, limitations and conditions Prescribing the restrictions, limitations and conditions

k.k. Providing for appealsProviding for appeals

l.l. Prescribing the time limit for appealsPrescribing the time limit for appeals

m.m. Regulating the powers of the Appellate Authority and the Regulating the powers of the Appellate Authority and the procedure to be followedprocedure to be followed

Page 9: Land Assignment Act

POWER TO MAKE RULESPOWER TO MAKE RULES

n.n. Providing for revision by the Board of Revenue (C.L.R.) Providing for revision by the Board of Revenue (C.L.R.) and prescribing the time limitand prescribing the time limit

o.o. Regulating the issue of Patta or other Title deedRegulating the issue of Patta or other Title deedp.p. Prescribing forms, wherever necessaryPrescribing forms, wherever necessaryq.q. Generally for carrying out the purposes of the Act.Generally for carrying out the purposes of the Act.

All Rules made under this Act shall be laid, for not less than All Rules made under this Act shall be laid, for not less than 14 days, before the Legislative Assembly, as soon as 14 days, before the Legislative Assembly, as soon as possible after they are made, and shall be subject to such possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during modifications as the Legislative Assembly may make during the Session in which they are so laid or the session the Session in which they are so laid or the session immediately following . - Sect. 7(3)immediately following . - Sect. 7(3)

Page 10: Land Assignment Act

GENERAL PRINCIPLESGENERAL PRINCIPLES

LANDS THAT CANNOT BE SUBJECTED FOR ASSIGNMENTLANDS THAT CANNOT BE SUBJECTED FOR ASSIGNMENT

All public roads, streets, lanes and paths, bridges, ditches, dykes All public roads, streets, lanes and paths, bridges, ditches, dykes and fences on or besides the same;and fences on or besides the same;

The bed of the sea and of harbors and creeks below high water The bed of the sea and of harbors and creeks below high water mark, the beds and bank of rivers, streams, irrigation and drainage mark, the beds and bank of rivers, streams, irrigation and drainage channels;channels;

All canals, tanks, lakes , back waters and water courses etc.All canals, tanks, lakes , back waters and water courses etc.

Page 11: Land Assignment Act

GENERAL PRINCIPLESGENERAL PRINCIPLES

Land registered in the name of a person but subsequently Land registered in the name of a person but subsequently abandoned or relinquished and all lands held by right of abandoned or relinquished and all lands held by right of purchase, resumption, reversion or acquisition.purchase, resumption, reversion or acquisition.

Assignment includes a transfer of land by way of lease and a Assignment includes a transfer of land by way of lease and a grant of license for the use of landgrant of license for the use of land

Assignee includes his/her/their heirsAssignee includes his/her/their heirs

Page 12: Land Assignment Act

GENERAL PRINCIPLESGENERAL PRINCIPLES

Government lands are mainly assigned or leased or licensed:Government lands are mainly assigned or leased or licensed:

For cultivation (only in Panchayat For cultivation (only in Panchayat area)area)

For house sitesFor house sites For shop sites or other commercial or For shop sites or other commercial or

charitable purposecharitable purpose

(only in Municipal Corporation area)(only in Municipal Corporation area) For beneficial enjoymentFor beneficial enjoyment

Page 13: Land Assignment Act

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

THE KERALA LAND ASSIGNMENT RULES,1964THE KERALA LAND ASSIGNMENT RULES,1964

(for Panchayat area only)(for Panchayat area only)

RULES FOR ASSIGNMENT OF LANDS RULES FOR ASSIGNMENT OF LANDS

IN MUNICIPAL, CORPORATION AREAS, 1995IN MUNICIPAL, CORPORATION AREAS, 1995

Page 14: Land Assignment Act

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

1.1. THE KERALA LAND ASSIGNMENT (REGULATION OF THE KERALA LAND ASSIGNMENT (REGULATION OF OCCUPATIONS OF FOREST LANDS PRIOR TO 1-1-1997) OCCUPATIONS OF FOREST LANDS PRIOR TO 1-1-1997) SPECIAL RULES, 1993SPECIAL RULES, 1993( for the purpose of cultivation or for house sites or for shop sites( for the purpose of cultivation or for house sites or for shop sites))

2.2. THE ARABLE FOREST LAND ASSIGNMENT RULES, 1970THE ARABLE FOREST LAND ASSIGNMENT RULES, 1970(for the purpose of personal cultivation or for house sites or for both or (for the purpose of personal cultivation or for house sites or for both or for cultivation on co- operative basis)for cultivation on co- operative basis)

3.3. RULES FOR ASSIGNMENT OF GOVERNMENT LAND FOR RULES FOR ASSIGNMENT OF GOVERNMENT LAND FOR INDUSTRIAL PURPOSES,1964INDUSTRIAL PURPOSES,1964

4.4. SPECIAL RULES FOR THE ASSIGNMENT OF GOVERNMENTSPECIAL RULES FOR THE ASSIGNMENT OF GOVERNMENT LAND FOR RUBBER CULTIVATION, 1960LAND FOR RUBBER CULTIVATION, 1960

Page 15: Land Assignment Act

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

5.5. RULES FOR THE ASSIGNMENT OF GOVERNMENT LANDS RULES FOR THE ASSIGNMENT OF GOVERNMENT LANDS FOR SETTLEMENT OF AGRICULTURAL LABOURERS, 1963FOR SETTLEMENT OF AGRICULTURAL LABOURERS, 1963

6.6. THE BHOODAN ASSIGNMENT RULES, 1962THE BHOODAN ASSIGNMENT RULES, 1962

(only to the lands relinquished to Govt. for the purpose)(only to the lands relinquished to Govt. for the purpose)

7.7. CO-OPERATIVE COLONISATION SCHEME, 1971CO-OPERATIVE COLONISATION SCHEME, 1971

(For Govt. lands included in the co-operative colonisation scheme or the (For Govt. lands included in the co-operative colonisation scheme or the Ex- Servicemen Co-operative colonisation scheme sponsored by the Ex- Servicemen Co-operative colonisation scheme sponsored by the Govt. of India)Govt. of India)

8.8. HIGH RANGE COLONISATION SCHEME RULES, 1968HIGH RANGE COLONISATION SCHEME RULES, 1968

(for lands included in the High range Colonisation scheme in the Taluks (for lands included in the High range Colonisation scheme in the Taluks of Udumbanchola and Devicolam)of Udumbanchola and Devicolam)

Page 16: Land Assignment Act

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

8.8. KANDUKRIHI LAND ASSIGNMENT RULES, 1958KANDUKRIHI LAND ASSIGNMENT RULES, 1958

(for lands covered by the Kandukrishi proclamation,1124)(for lands covered by the Kandukrishi proclamation,1124)

9.9. RULES FOR LEASE OF GOVERNMENT LANDS FOR RULES FOR LEASE OF GOVERNMENT LANDS FOR CARDOMOM CULTIVATION, 1961CARDOMOM CULTIVATION, 1961

(for lease of land for cultivation of cardamom in the taluks of (for lease of land for cultivation of cardamom in the taluks of Devicolam, Peerumedu, and Udumbanchola)Devicolam, Peerumedu, and Udumbanchola)

10.10. RULES FOR LEASE OF GOVERNMENT LANDS FOR RULES FOR LEASE OF GOVERNMENT LANDS FOR TOBACCO CULTIVATION, 1963TOBACCO CULTIVATION, 1963

(for lands used for raising tobacco cultivation)(for lands used for raising tobacco cultivation)

11.11. RULES FOR LEASE OF LAND OF GOVERNMENT OFFICES RULES FOR LEASE OF LAND OF GOVERNMENT OFFICES AND BUNGALOWS, 1967AND BUNGALOWS, 1967

(for lease of lands and trees in the compounds of Government offices (for lease of lands and trees in the compounds of Government offices and Govt. bungalows within road puramboke under PWDand Govt. bungalows within road puramboke under PWD

Page 17: Land Assignment Act

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

12.12. RULES FOR SALE OF LANDS FOR COFFEE OR TEA RULES FOR SALE OF LANDS FOR COFFEE OR TEA CULTIVATION (REVIVAL) RULES,1974CULTIVATION (REVIVAL) RULES,1974

13.13. WASTE LAND RULES REGARDING SALE OF LAND FOR WASTE LAND RULES REGARDING SALE OF LAND FOR COFFEE OR TEA CULTIVATIONCOFFEE OR TEA CULTIVATION

14.14. SETTLEMENT SCHEME PATTA RULES, 1970SETTLEMENT SCHEME PATTA RULES, 1970 (for those land (for those land allotted under the Settlement Scheme or their assignees who are land allotted under the Settlement Scheme or their assignees who are land less)less)

15.15. WYNAD COLONISATION SCHEME RULES, 1969WYNAD COLONISATION SCHEME RULES, 1969(for Govt. lands included in the Wynad Colonisation Scheme in the (for Govt. lands included in the Wynad Colonisation Scheme in the Villages of Ambalavayal, Nenmony and Sulthanbathery)Villages of Ambalavayal, Nenmony and Sulthanbathery)

Page 18: Land Assignment Act

KERALA LAND ASSIGNMENT RULES, KERALA LAND ASSIGNMENT RULES, 19641964

Purpose for which lands may be assigned Purpose for which lands may be assigned Rule 4Rule 4

Maximum limit to be assignedMaximum limit to be assigned Rule 5Rule 5

* Personal cultivation- * Personal cultivation- 50 cents in plain 50 cents in plain 1 acre in hilly tract1 acre in hilly tract

* House sites* House sites 15 cents 15 cents Rule 6 Rule 6

* Beneficial enjoyment* Beneficial enjoyment 15 cents15 cents

Page 19: Land Assignment Act

PRIORITY FOR ASSIGNMENTPRIORITY FOR ASSIGNMENTRule 7Rule 7

For occupied lands:For occupied lands: Occupant whose annual family income does not exceed Rs. 30000Occupant whose annual family income does not exceed Rs. 30000

Preference for unoccupied:Preference for unoccupied:

1.1. Persons do not own or hold any land and annual family Persons do not own or hold any land and annual family income income does not exceed Rs.30000 does not exceed Rs.30000

2.2. Persons disabled while in active military service or Persons disabled while in active military service or dependants dependants of who are killed or disabled in active military of who are killed or disabled in active military serviceservice

Page 20: Land Assignment Act

PRIORITY contd…PRIORITY contd…

3.3. Small holders who have not been able to resume their lands Small holders who have not been able to resume their lands whose annual family income does not exceeds Rs.30000whose annual family income does not exceeds Rs.30000

4.4. Serving military personnel having service not less than 3 Serving military personnel having service not less than 3 years and who are decorated with gallantry award or their years and who are decorated with gallantry award or their dependants who do not own or hold any land. In the absence dependants who do not own or hold any land. In the absence of such applicants, other serving personnel with service not of such applicants, other serving personnel with service not less than 10 years and who do not own or hold any landless than 10 years and who do not own or hold any land

5.5. Persons whose annual family income does not exceeds Persons whose annual family income does not exceeds

Rs. 30000 and total extent of land owned or held by him is Rs. 30000 and total extent of land owned or held by him is less than the maximum limitless than the maximum limit

Page 21: Land Assignment Act

CONDITION OF ASSIGNMENTCONDITION OF ASSIGNMENTRule- 8Rule- 8

Lands granted on registry shall be heritable and alienableLands granted on registry shall be heritable and alienable

Un occupied lands assigned on registry shall not be alienable for a Un occupied lands assigned on registry shall not be alienable for a period of 3 years from the date of registryperiod of 3 years from the date of registry

The assignee or a member of his family or his successor in interest 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 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 if it is granted for cultivation, except in the cases of military personnelpersonnel

The registry shall be liable to be cancelled for contravention of The registry shall be liable to be cancelled for contravention of the conditionsthe conditions

No registry of land shall be cancelled without giving the party an No registry of land shall be cancelled without giving the party an opportunity of being heardopportunity of being heard

Page 22: Land Assignment Act

The following type of lands shall not be assignedThe following type of lands shall not be assigned

Lands situated within the limits of Municipal Corporation areas Lands situated within the limits of Municipal Corporation areas under these Rulesunder these Rules

Lands for the specific purpose of cultivating Tea, Coffee, Lands for the specific purpose of cultivating Tea, Coffee, Rubber, Cinchona, Cardamom Rubber, Cinchona, Cardamom

Lands held under special tenure like Kandukrishi, Viruthi etc.Lands held under special tenure like Kandukrishi, Viruthi etc.

Lands stands transferred and vested with Panchayats etc.Lands stands transferred and vested with Panchayats etc.

Page 23: Land Assignment Act

AUTHORITY FOR ASSIGNMENTAUTHORITY FOR ASSIGNMENT

For persons & family:

Personal cultivation & house sites : Tahsildar

Beneficial enjoyment : R.D.O

For Institutions : Govt.vt.

Page 24: Land Assignment Act

PROCEDURESPROCEDURES

List of assignable lands to be preparedList of assignable lands to be prepared Rule 11(1)Rule 11(1)

Application for assignmentApplication for assignment Rule 11(8)Rule 11(8) form App. IVform App. IV

Application for leaseApplication for lease Rule 16(1)Rule 16(1) form App. IVform App. IV

Notice of enquiryNotice of enquiry Rule 12(1)Rule 12(1) form App. V form App. V

(to be published in site, Village office, Taluk office, Panchayat Office)(to be published in site, Village office, Taluk office, Panchayat Office)

Page 25: Land Assignment Act

PROCEDURES contd….PROCEDURES contd….

Objection, if any, to be filed within 15 daysObjection, if any, to be filed within 15 days

Application and records of enquiry together with the list of Application and records of enquiry together with the list of assignable land to be placed before the Taluk Assignment assignable land to be placed before the Taluk Assignment CommitteeCommittee

Page 26: Land Assignment Act

Taluk Assignment Committee consists of :Taluk Assignment Committee consists of :

* One representative each of all political parties * One representative each of all political parties who have representation in the Assembly, who have representation in the Assembly,

* M.P.& M.L.A. of the Taluk,* M.P.& M.L.A. of the Taluk,

* Presidents of Grama Panchayats and Block * Presidents of Grama Panchayats and Block PanchayatPanchayat

* Member of District Panchayat* Member of District Panchayat

* A nominated member from SC/ST* A nominated member from SC/ST

* Tahsildar (Convener)* Tahsildar (Convener)

** Special TahsildarSpecial TahsildarQuorum:- 1/5 of the total membersQuorum:- 1/5 of the total members

Page 27: Land Assignment Act

LANDS TO BE RESERVED FOR GOVERNMENTLANDS TO BE RESERVED FOR GOVERNMENTOR PUBLIC PURPOSE - Rule 11(2)OR PUBLIC PURPOSE - Rule 11(2)

1)1) Poramboke lands except those listed for assignmentPoramboke lands except those listed for assignment

2)2) Lands required for Govt. or public purposes other than Lands required for Govt. or public purposes other than porambokeporamboke

3)3) Lands required for settlement scheme or any other Govt. Lands required for settlement scheme or any other Govt. schemesschemes

4)4) Lands likely to be required for the present or future Govt or Lands likely to be required for the present or future Govt or public purposepublic purpose

5)5) Lands on the side of roads required for widening, lands Lands on the side of roads required for widening, lands within the port limits, lands on the either sides of streams, within the port limits, lands on the either sides of streams, channels, lands within 183 meters from the boundary of channels, lands within 183 meters from the boundary of Aerodromes and landing grounds, land near sea costAerodromes and landing grounds, land near sea cost

Page 28: Land Assignment Act

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

6.6. Lands required for Colonisation purposesLands required for Colonisation purposes

7.7. Lands specially reserved for assignment to back ward Lands specially reserved for assignment to back ward communitiescommunities

8.8. Lands containing or believed to contain valuable mineral, Lands containing or believed to contain valuable mineral, quarries etc.quarries etc.

9.9. Lands acquired for Govt. purposes but not required for such Lands acquired for Govt. purposes but not required for such purposespurposes

10.10. Lands required for Libraries and Reading RoomsLands required for Libraries and Reading Rooms

Page 29: Land Assignment Act

Land value and other dues Land value and other dues

to be paidto be paid Rule 10Rule 10

Assignment order to be issuedAssignment order to be issued Rule 9(1)Rule 9(1) in form App.Iin form App.I

Patta to be issuedPatta to be issued Rule 9(2)Rule 9(2) in form App.IIin form App.II

Page 30: Land Assignment Act

APPEAL AND REVISIONAPPEAL AND REVISIONRule.21Rule.21

Against the orders of TahsildarAgainst the orders of Tahsildar Appeal before R.D.OAppeal before R.D.O

Revision before C.L.RRevision before C.L.R

Against the Orders of R.D.OAgainst the Orders of R.D.O Appeal before D.C. Appeal before D.C. Revision before C.L.R.Revision before C.L.R.

Revisional powers vested with Government was struck down by Revisional powers vested with Government was struck down by the Hon. High Court of Kerala as per judgment dated 20-10-the Hon. High Court of Kerala as per judgment dated 20-10-

1998 in WA. No.610/931998 in WA. No.610/93

Page 31: Land Assignment Act

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

PurposePurpose Rule 3Rule 3

1.1. House sitesHouse sites

2.2. Shops sites or other commercial or Charitable purposesShops sites or other commercial or Charitable purposes

3.3. Beneficial enjoymentBeneficial enjoyment

Maximum extent of land to be assignedMaximum extent of land to be assigned Rule 4Rule 4

MunicipalityMunicipality CorporationCorporation

1.1. House sitesHouse sites 10 cents 5 cents 10 cents 5 cents

2.2. Shops sites or other Shops sites or other 10 cents 5 cents 10 cents 5 cents

commercial or Charitable purposescommercial or Charitable purposes

3.3. Beneficial enjoymentBeneficial enjoyment 5 cents5 cents 3 cents 3 cents

Page 32: Land Assignment Act

LAND VALUE LAND VALUE to be realisedto be realised

For House sitesFor House sites

Applicants having annual familyApplicants having annual familyincome less than Rs.24000/-income less than Rs.24000/- As per KLA Rules 1964As per KLA Rules 1964

(Rs. 200/- per cent)(Rs. 200/- per cent) Between Rs. 24000 & 50000Between Rs. 24000 & 50000 1/5 of the market value1/5 of the market value

Above Rs. 50000Above Rs. 50000 Full market value Full market value

In the case of lands other than house sitesIn the case of lands other than house sites Full market value Full market value

Those who possess land excess in limit shall pay full market valueThose who possess land excess in limit shall pay full market value

Page 33: Land Assignment Act

AUTHORITY FOR ASSIGNMENTAUTHORITY FOR ASSIGNMENT Rule 2 (b)Rule 2 (b)

For person & familyFor person & family District CollectorDistrict Collector

For Institution (in public interest)For Institution (in public interest) GovernmentGovernment

APPEAL AND REVISIONAPPEAL AND REVISION Rule 18Rule 18

Appeal from orders of D.C Appeal from orders of D.C Before CLRBefore CLR

RevisionRevision Before Before

GovernmentGovernment

Page 34: Land Assignment Act

LAND ASSIGNMENT COMMITTEELAND ASSIGNMENT COMMITTEE

One representative each of all the political parties having One representative each of all the political parties having representation in the Legislative Assemblyrepresentation in the Legislative Assembly

M.P., M.L.AM.P., M.L.A Chairman of the Municipal Council / MayorChairman of the Municipal Council / Mayor Councilors of the respective wardsCouncilors of the respective wards Nominated members from SC/STNominated members from SC/ST Tahsildar & Special Tahsildar, if anyTahsildar & Special Tahsildar, if any District Collector / R.D.ODistrict Collector / R.D.O Convener of the committee : Convener of the committee : D.C in Corporation areaD.C in Corporation area R.D.O in Municipal areaR.D.O in Municipal area

Page 35: Land Assignment Act

PROCEDURESPROCEDURES

List of assignable lands to be preparedList of assignable lands to be prepared Rule 6(5)Rule 6(5)

Application for assignmentApplication for assignment Rule 6(6) form 1 Rule 6(6) form 1

leaselease Rule 12(i)(a) form 5Rule 12(i)(a) form 5

Notice of enquiryNotice of enquiry Rule 7(i)Rule 7(i) form 2 form 2

To be published in Village office, Taluk office, Municipal/ Corporation To be published in Village office, Taluk office, Municipal/ Corporation offices, site etc.offices, site etc.

Objection, if any- with in 15 daysObjection, if any- with in 15 days Order of assignmentOrder of assignment Rule 8 form Rule 8 form Issue of PattaIssue of Patta Rule 10Rule 10 form 4 form 4

Page 36: Land Assignment Act

LEASES AND LICENCESLEASES AND LICENCESUNDER K.L.A RULES,1964UNDER K.L.A RULES,1964

Purposes Purposes Rule 13Rule 13

a)a) Agricultural purposesAgricultural purposes for SC/ST families and land less for SC/ST families and land less and indigent families belong to and indigent families belong to other communitiesother communities

b)b) For beneficial enjoymentFor beneficial enjoyment

c)c) For schemes approved by Govt.For schemes approved by Govt.

d)d) For agricultural purposes to Co-operative SocietiesFor agricultural purposes to Co-operative Societies

e)e) For putting up pandals or sheds for conferences, fairs, For putting up pandals or sheds for conferences, fairs, festivals and marriages and for entertainments like Cinema, festivals and marriages and for entertainments like Cinema, Circus, Drama and Exhibitions Circus, Drama and Exhibitions

Page 37: Land Assignment Act

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

1, Retting of coconut husks1, Retting of coconut husks2. Stocking of materials2. Stocking of materials3. Play grounds3. Play grounds4. Laying of pipe lines4. Laying of pipe lines5. Putting up drainage coverings and construction of steps 5. Putting up drainage coverings and construction of steps on road margin on road margin6. Putting up shops6. Putting up shops7. Constructions of Petrol bunks7. Constructions of Petrol bunks8. Such other purposes as decided by Govt.8. Such other purposes as decided by Govt.

Lands within port limits for marine and non-marine purposes:Lands within port limits for marine and non-marine purposes:Lands within port limit shall be leased out or Lands within port limit shall be leased out or licenced for marine purposes by Port Dept. in licenced for marine purposes by Port Dept. in consultation with Rev. Dept. and for non marine consultation with Rev. Dept. and for non marine purposes by Revenue Dept. in consultation with purposes by Revenue Dept. in consultation with Port Dept.Port Dept. Rule 13A Rule 13A

Page 38: Land Assignment Act

Period of lease etc.Period of lease etc. Rule 14Rule 14

Agrl. PurposeAgrl. Purpose TahsildarTahsildar 2 years2 years 3 acres3 acresBeneficial enjoymentBeneficial enjoyment TahsildarTahsildar 2 years2 years 50 cents50 cents

Scheme appd. By Govt.Scheme appd. By Govt. Tahr.Tahr. 5 yrs 5 yrs 5 acres5 acresRDORDO 10 yrs10 yrs 10 acres10 acresD.CD.C 20 yrs20 yrs 20 acres20 acres

Agri. to Co-op Societies Agri. to Co-op Societies Tahr 10 yrsTahr 10 yrs 3 acres 3 acresRDORDO 10 yrs10 yrs 10 acres10 acresD.CD.C 20 yrs20 yrs 20 acres20 acres

Purposes under (e) &(f) Purposes under (e) &(f) as specified by Govt. time to timeas specified by Govt. time to time

Conducting CinemaConducting Cinema Govt.Govt.

Page 39: Land Assignment Act

CONDITIONS OF LEASE AND LICENCE (Rule 15)CONDITIONS OF LEASE AND LICENCE (Rule 15)

Orders -Orders - for agricultural purpose- for agricultural purpose- form Appx. VIform Appx. VI

for non agricultural purpose- form Appx. VIIfor non agricultural purpose- form Appx. VII

Shall be heritable but not alienable Shall be heritable but not alienable

Termination Termination - after 60 days notice- after 60 days notice

.... on violation of conditionon violation of condition - after 15 days notice- after 15 days notice

Page 40: Land Assignment Act

PROCEDUREPROCEDURE

ApplicationApplication in form Appx. IVin form Appx. IV Rule 16(1)Rule 16(1)

Publication of notice Publication of notice form Appx. V form Appx. V Rule 16(2)&(3)Rule 16(2)&(3)

Objection, if any,Objection, if any, with in 15 dayswith in 15 days Rule 16(3)Rule 16(3)

EnquiryEnquiry Rule 16(5)Rule 16(5)

Rental for treesRental for trees Rule 17Rule 17

Rent to be chargedRent to be charged Rule 18Rule 18

(Rate fixed as per GO(MS) 1026/1985/RD. dated: 19-12-1985)(Rate fixed as per GO(MS) 1026/1985/RD. dated: 19-12-1985)

Leasing or Licensing of Govt. office compound Leasing or Licensing of Govt. office compound Rule 19Rule 19

Proportionate rental to be collectedProportionate rental to be collected Rule 20Rule 20

Page 41: Land Assignment Act

APPEAL AND REVISIONAPPEAL AND REVISION

Against orders passed by TahsildarAgainst orders passed by Tahsildar R D OR D O (Rule 21)(Rule 21) Against orders passed by RDOAgainst orders passed by RDO D CD C Against orders passed by D CAgainst orders passed by D C C L RC L R

C L R is competent to revise, cancel or alter, on its own 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 motion, within 2 years from the date of order, after giving the party an opportunity of being heard.party an opportunity of being heard. Rule 21Rule 21

All amount due to Govt., in case of default, is recoverable All amount due to Govt., in case of default, is recoverable under KRR Actunder KRR Act Rule 23Rule 23

Special powers to Govt.Special powers to Govt. Rule 24Rule 24

Page 42: Land Assignment Act

LEASES AND LICENCESLEASES AND LICENCESUNDER RULES,1995UNDER RULES,1995

ApplicationApplication in form 5 in form 5 Rule 12 (1)(a)Rule 12 (1)(a)

No application shall be entertained unless arrears of No application shall be entertained unless arrears of rent or prohibitory assessment are cleared rent or prohibitory assessment are cleared

Lease period shall not exceed 3 years, and shall be renewed on Lease period shall not exceed 3 years, and shall be renewed on applicationapplication

Order of lease or licenceOrder of lease or licence fresh orderfresh order form 6form 6

Renewal order Renewal order form 7form 7

Page 43: Land Assignment Act

Annual lease rent shall be based on the market value of the landAnnual lease rent shall be based on the market value of the land

Rule Rule 12(5)12(5)

Lease rent shall be revised at intervals of every three yearsLease rent shall be revised at intervals of every three years

Lands held under lease shall not be alienable Lands held under lease shall not be alienable Rule 14Rule 14

Preservation of treesPreservation of trees Rule 15Rule 15

Extension of lease Extension of lease Rule 16Rule 16

Resumption of land on violation of conditionResumption of land on violation of condition Rule 17Rule 17

Page 44: Land Assignment Act

APPEALAPPEAL

AppealAppeal Rule 18Rule 18

Against the orders passed by D.CAgainst the orders passed by D.C -- CLRCLR

Against the orders passed by CLR -Against the orders passed by CLR - Govt.Govt.

Recovery of amount under R R ActRecovery of amount under R R Act Rule 20Rule 20

Page 45: Land Assignment Act

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Thank You…………………………

T. James Joseph, Adhikarathil,

Kottayam,Kerala.