The Kerala Government Land Assignment Act, 1960

THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960 (ACT 30 OF 1960)

CONTENTS 

Amended by Act 16 of 2000

Sections.

1. Short title, extent and commencement

2. Definitions

3. Assignment of Government land.

4. Procedure to be followed before Government lands are assigned.

5. Order of assignment.

6. Bar of suits

7. Power to make rules.

8. Assignment to take effect with restrictions, conditions etc., according to their tenor.

9. Repeals.

THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960

(ACT 30 OF 1960*)

An act to provide for the assignment of Government Lands.

Preamble.--Whereas it expedient to regulate the assignment of Government lands and to remove doubts as to validity of the limitations and restrictions imposed in assignments of land by the Government or under their authority ;

BE it enacted in the Eleventh Year of the Republic of India as follows :--

1. Short title, extent and commencement.-

(1) This Act may be called the Kerala Government Land Assignment Act, 1960.

(2) It extents to the whole of the State of Kerala.

(3) It shall come into force at once.

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* Received the assent of the President on 24th November 1960 and published in the Gazette Extraordinary dated 30th November, 1960.

2. Definitions.—

(1) The following, that is to say :--

(i) all public roads, streets, lanes and paths, the bridges, ditches, dykes and fences on or beside the same ;

(ii) the bed of the sea and of harbours and creeks below high water-mark, the beds and banks of rivers, streams irrigation and drainage channels ;

(iii) all canals, tanks, lakes, back-waters and water courses ;

(iv) all land wherever situated,

save in so far as the same are the property of--

(a) jenmies or holders of Imams ; or

(b) holders of land in any way subject to the payment of land revenue to the Government ; or

(c) any other registered holder of land in proprietary right ; or

(d) any person holding land under grant from the Government otherwise than by way of lease or license ; or

(e) any person claiming through or holding under any of the persons referred to in clause (a), (b), (c), or (d), are and are hereby declared to be, Government lands except as may be otherwise provided by any law for the time being in force, subject to all rights of way and other public rights of way and other public rights and to the natural and easement rights of other land owners and to all customary rights legally subsisting.

Explanation I--Land registered in the name of a person but subsequently abandoned or relinquished and all lands held by right of escheat, purchase, resumption, reversion or acquisition under the Land Acquisition Act for the time being in force are Government lands within the meaning of this sub-section.

Explanation II.--In this sub-section, the expression "highwater mark" means the highest point reached by the ordinary spring-tide at any season of the year.

(2) In this Act, unless the context otherwise requires,--

(a) "assignment" includes a transfer of land by way of lease and a grant of license for the use of land ;

(b) "assignee" includes his heirs;

(c) "prescribed" means prescribed by rules made under this Act.

3. Assignment of Government land.--Government land may be assigned by the 16[1] Government or by any prescribed authority either absolutely or subject to such restrictions, limitations and conditions as may be prescribed.

16. Numbered as (i) by Act 16 of 2000.

Explanation.--Any restriction as to aqlienation, whether voluntary or otherwise , of the rights of the assignee, shall be a restriction within the meaning of this section.

16A[(2) No Government land assignable for public purpose may be assigned under sub-sectiton (1) without consulting the local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality Act 1994 (20 of 1994) as the case may be, and if such local authority requires such land, for carrying out any of the functions assigned to it, Government may set up apart such land for that purpose”]

4. Procedure to be followed before Government lands are assigned.—

(1) When any Government land is proposed to be assigned by the prescribed authority, otherwise than by way of lease or license , the Tahsildar of the Taluk in which the land is situate or any officer empowered by the Government in this behalf shall notify in the prescribed manner that such land will, by public auction or otherwise, be assigned, and call upon those who have got any claim to such land to prefer to him their objections, if any, in writing, within a time which shall be specified in such notification.

(2) If any objection is preferred within the time specified in the notification, the Tahsildar or such other officer shall enquire into the same and pass an order in writing either accepting or rejecting the claim in full or in part and intimate in writing the fact of such disposal to the claimant.

(3) For the purposes of the enquiry under sub-section (2) the officer making the enquiry shall have all the powers conferred upon the Collectors and Tahsildars by the law for the time being in force regarding summoning of persons for disposal of matters connected with revenue administration.

5. Order of assignment.—

(a) when the time fixed in the notification under sub-section (1) of section 4 has lapsed and no objection has been preferred ; or

(b) when any objection preferred is rejected and--

(i) the time for preferring an appeal from the order has elapsed and no appeal has been preferred ; or

(ii) when an appeal has been preferred and the appeal is rejected by the appellate authority

the land may, subject to such rules as may be made by the Government in this behalf be assigned by the prescribed authority.

6. 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 upon the ground that—

16a. Inserted by Act 16 of 2000.

(a) the order is in breach of any completed agreement to assign, or

(b) the land in respect of which such order has been passed is not Government land :

Provided that any such suit by a person who was a party or privy to and had due notice of the proceeding under this Act shall be instituted within two years from the date of service of the notice of such order.

7. Power to make rule.—

(1) The Government may make rule--

(a) prescribing the manner in which assignment of land may be made- whether by public auction or otherwise ;

(b) prescribing the qualifications of persons to whom assignment of lands may be made ;

(c) prescribing the order of priority for the assignment of land, whether by public auction or otherwise ;

(d) prescribing the authority by which such assignment may be made ;

(e) Prescribing the procedure to be followed in assigning the land ;

(f) providing for the publication of notifications and service of notices ;

(g) prescribing the procedure to be followed in the enquiry regarding claims preferred ;

(h) prescribing the rates at which land may be assigned and tree growths may be valued, and the mode of recovery of the amounts due ;

(i) providing for the protection of royalties on the land assigned ;

(j) prescribing the restrictions, limitations and conditions subject to which an assignment can be made in any case or class or cases ;

(k) providing for appeals from the orders of any authority competent to assign any land ;

(l) prescribing the time within which appeals may be preferred ;

(m) regulating the powers of the appellate authority and the procedure to be followed by such authority ;

(n) providing for revision by the Board of Revenue of any order passed by the prescribed authority, and prescribing the time within which such revisional power may be exercised ;

(o) regulating the issue of pattah or other title-deed evidencing the assignment ;

(p) prescribing forms where forms are necessary ; and

(q) generally for carrying out the purposes of this Act .

(2) All rules made under this Act shall be published in the gazatte and thereupon they shall here the force of law.

(3) All rules made under this Act shall be laid for not less than fourteen 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 .

8. Assignment to take effect with restrictions, conditions, etc., according to their tenor.-- All the provisions, restrictions, conditions and limitations contained in any Pattah or other document evidencing the assignment of Government land or of any interest therein shall be valid and take effect according to their tenor, notwithstanding any law of or for the time being in force or any custom or contract to the contrary .

Explanation.--In this section, the expression "Government land" shall include land under the control or management of the Government at the time of the assignment.

9. Repeals.—

(1) The Travancore-Cochin Government Land Assignment Act, 1950 (XXXII of 1950), is hereby repealed.

(2) The Government Grants Act 1895 (Central Act 15 of 1895), in so far as it relates to any grant or other transfer of land or of any interest therein by or on behalf of the Government of Kerala, shall cease to apply to the Malabar District referred to in sub-clause (2) of section 5 of the State Reorganisation Act, 1956 (Central Act 37 of 1956).

(3) All rules and orders made or deemed to have been made under the Travancore-Cochin Government Land Assignment Act, 1950, hereby repealed, and all rules and orders in force immediately before the commencement of this Act relating to the assignment of Government lands in the Malabar District referred to in sub-section (2) of section 5 of the State Reorganisation Act, 1956 (Central Act 37 of 1956), so far as they are not inconsistent with this Act, shall be deemed to have been made under the corresponding provisions of this Act, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act