The Kerala Municipality (Acquisition and Disposal of Property) Rules, 2000.

1. Short title and commencement.-

(1) These rules may be called the Kerala Municipality (Acquisition and Disposal of Property) Rules, 2000.

(2) They shall come into force at once.

2. Definitions.-lnthese rules, unless the context otherwise requires,-

(a)"Act" means the Kerala Municipality Act, 1994 (20 of 1994);

(b)"Direction" means the Director of Municipal Administration;

(c)"Council" means the Council of Municipality;

(d)"Municipality" includes Town Panchayat, Municipal Council and Corporation Council;

(e)"Secretary" means the Secretary of a Municipality;

(f) "Property" means the land, building and everything therein;

(g)"Competent Municipal Engineer" means an Engineer with pecuniary powers prescribed for providing technical sanction to the original estimates.

(h) "Section" means a section of the Act;

(i) Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

 

CHAPTER I

ACQUISITION OF PROPERTY

3. Power to acquire property.-(1) A Municipality may acquire any land or building within or outside its Municipal area either by purchase or otherwise in order to introduce any public facility or for providing any service and may with the prior approval of the Government dispose of any of its property either by sale or otherwise.

(2) The acquisition of land under sub-rule (1) may either be in accordance with the Act for the time being in force and the rules made thereunder or under a bilateral agreement with the owner of the land.

(3) A Municipality, before acquiring any land under sub-rule (1) shall comply with the following conditions, namely:-

 

 

* Published in K.G. Ex. No. 771 dt 9-5-2003 as G.O. (P) No. 143/2003/LSGD.

(a)Except in the case of roads, bridges, culverts and quarries, the Municipal Health Officer, or in his absence the District Medical Officer of Government Department, shall issue a certificate to the effect that the proposed property is suitable for the specified purpose.

(b)The Municipal Engineer shall issue certificate to the effect that the proposed property is suitable for the specified purpose.

4. Acquisition of land under the Land Acquisition Act~(1) In case of acquisition of land by a Municipality otherwise than by a bilateral agreement, the provisions in the Land Acquisition Act for the time being in force and the procedure in the rules made thereunder shall be complied with.

(2) The competent Municipal Engineer shall fix the value of the building or improvements, if any, in the land proposed to be acquired and the Secretary shall inform the Land Acquisition Officer concerned the said value.

(3) The Municipality shall compulsorily be a party in all litigations that may come before a Court, in respect of the value in land acquisition proceedings and where a case in this regard is filed or referred to a Court the Land Acquisition Officer concerned shall intimate in writing the fact to the Municipality concerned and the Government.

5. Acquisition of land by bilateral agreement.-(l) In all cases wherein it is proposed to acquire land by bilateral agreement,-

(a) ensure that the land is free from liability by obtaining encumbrance certificate for 18 years from the Sub-Register Office concerned to prove the previous liability of the land proposed to be acquired;

(b) ensure that the owner has clear title and ownership right over the property proposed to be acquired by getting the title of the property scrutinised by the Municipal Standing Council or by the District Government Pleader;

(c) ensure that the cost of land given for the land proposed to be acquired does not exceed that fixed in writing by the Revenue Divisional Officer concerned; and

(d) ensure that the cost of the building or improvement, if any, upon the land does not exceed that fixed by the competent Municipal Engineer.

(2) In case the Municipality is in need of any land or building for any public purpose, such land or building may be taken on lease subject to the terms as may be decided by the Council. But when such land or building is taken on lease, the lease rent shall be fixed only after proper valuation of the cost of the land or the building.

(3) The title deed of the property acquired by the Municipality under sub-rule (1) shall be in accordance with Form No. 1 appended to these rules.

(4) Nothing mentioned in the aforesaid rules shall apply to any property acquired by a Municipality upon a judgement of a court.

 

 

 

CHAPTER II

DISPOSAL OF PROPERTY

6. Transfer of Municipality's own property.-The transfer of Municipality's own property shall be in accordance with sub-Section (1) of section 215 and Form II in Schedule II appended to these rules.

 

7. Grant of Municipality's own property on lease.-(1)The Municipality may, subject to the conditions mentioned in section 215 of the Act, on licence basis for periods as fixed by the Council, give on rent or lease, its own buildings.

(2) The transfer under sub-rule (1) shall be in accordance with Form No. III in Schedule III to these rules.

8. Transfer of property vested in the Municipality.-(l) Property of the Municipality not owned but vested in it may be granted on lease without violating the terms on which it was vested in it.

(2) The disposal under sub-rule (1) shall be in accordance with the Form in Schedule III to these rules.

9. Grant on lease of the sides of roads and streets.-(1) The Municipality shall have the power to lease out the sides of roads and streets vested in it, subject to the term fixed by the Municipality and subject to the restrictions and limitations that may be fixed by the Government under Section 368 (5).

(2) The grant of a lease under sub-rule (1) shall be in accordance with the Form in Schedule III to these rules.

10. Reservation for Scheduled Caste/Scheduled Tribe categories.-(1) The Municipality shall reserve for persons belonging to Scheduled Caste/Scheduled Tribe Categories, ten per cent of each item of the shop rooms, bunks, stalls, etc. granted on rent or lease upon licence and the same shall be granted by inviting applications by Notification from such categories alone.

(2) Where there are no applicants from the category concerned even after inviting applications by notification, for the shoprooms, bunks etc. reserved under sub-rule (1), the same may be allotted to other categories, provided steps, are taken to allot the next arising vacant space for persons belonging to such category.

11. Transfers to be either in public auction or through Tenders.-Thetransfer of the property of the Municipality, through sale, except renewal of licences, rehabilitation of licensees, granting of lease, letting out on rent, shall be either in public auction or by inviting tenders.

12. The Municipalities not to dispose of property transferred to them by Government.-Notwithstanding anything contained in Rule 8, the Municipalities shall not sell, transfer, alienate, create any encumbrance on, or otherwise dispose of, any property transferred to them by Government under sub-section (3) of Section 30 of the Act.

ANNEXURE I

 

FORM1

[See Rule 5(3)]

ACQUISITION BY PURCHASE

 

This SALE DEED is made on this the .............................................................day of .................................................................................................................................Two thousand and between ............................................................................................ son of.................................................................................................................................aged

.........................................................residing at.....................................(hereinafter called the "Vendor" which expression shall where the context so admits include his heirs, executors, administrators and legal representatives) of the one part and..................................................Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994)...........................................................................(hereinafter called the "purchaser" which expression shall where the context so admits includes

its successors and assigns) of the other part:

 

WHEREAS the Vendor is the absolute owner of the property/properties mentioned and described in the schedule hereto, by virtue of................................. (here enter description of the documents under which the property devolved on him) and whereas the Vendor has agreed with the purchaser to sell absolutely to the latter the said property with..........................................standing thereon for the price of Rs................. (Rupees only) ......................................................or which the purchaser has agreed.

 

NOW THEREFORE THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of rupees......................paid by the purchase to the Vendor on the day of................................................(the receipt whereof the vendor doth hereby acknowledge) the vendor doth hereby grant, convey and assign unto the purchaser all that piece or parcel of land situated in.............................. and more particularly described in the schedule hereunder written and which together with the message or tenement erected thereon is commonly called or known as........................................TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, advantage and appurtenances whatsoever to the said piece or parcel of land, messuage and premises or any of them in anywise appertaining or heretofore occupied or enjoyed therewith AND all the estate, right, title, interest, property, claim and demand whatsoever of the vendor in and upon the same premises TO HAVE AND TO HOLD the said piece and parcel of land, messuage and premises hereby granted, conveyed and assigned unto the purchaser for ever AND the vendor doth hereby covenant with the purchaser that he the Vendor now hath good right to grant, convey and assign the premises hereby granted, conveyed and assigned unto the purchaser in manner aforesaid AND that the purchaser shall and may at all times hereafter peacefully and quietly possess and enjoy the said premises free from all encumbrances whatsoever and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the Vendor or any other person or persons AND further that he the Vendor and all persons having lawfully or equitably claiming any estate or interest in the said premises or any of them or any part thereof from under or in trust for the Vendor or from or under any of his ancestors shall and will from time to time and at all times hereafter at the request and cost of the purchaser do execute and register or cause to be done executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the purchaser in the manner aforesaid as may be reasonably required, IN WITNESS whereof the Vendor hath hereunto set his hand and seal the day and year first above written.

The schedule above referred to:

All that piece or parcel of land premises situated in the Village of.......... in the

registration sub-district of................in the registration district of.................and bounded

on the north by...........on the south by....................on the east by.............and west

by..............bearing re-survey No...............and old survey No.......and containing on the whole by admeasurement......................(be the same more or less) signed, sealed and delivered by the above named Vendor in the presence of witnesses:-

1............................................. (Name, full address)

2............................................. (Name, full address)

 

ANNEXUREII

 

FORM 2

(See Rule 6)

TRANSFER BY SALE

 

This DEED made this the.................day of..............Two thousand and..............

between...............son of................aged............residing at..............(hereinafter called

the "purchaser" which expression shall where the context so admits include his heirs, executors administrators and legal representatives) of the one part and Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994)..........................(hereinafter called the "Vendor" which expression shall where the context so admits includes its successors and assigns) of the other part:

WHEREAS, the Vendor is the absolute owner of the piece or parcel of the land building and premises mentioned and described in the schedule hereto AND whereas the Vendor has agreed with the purchaser to pay rent, if any, outstanding to be paid and to sell absolutely free from all encumbrances to the latter the said property with..........................................standing thereon for the price of Rs................ (Rupees..........................................only) for which the Vendor has agreed and whereas Government order No..................dated...............day of....................20..........have sanctioned the sale of the properties mentioned below AND WHEREAS due notice of the sale in accordance with the rules in this regard, has been given;

NOW, THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of rupees.........................paid by the purchaser to the Vendor on the day of.......................................(the receipt whereof the Vendor doth hereby acknowledge) the Vendor doth hereby grant, convey and assign unto the purchaser all that piece for parcel of land situated in ......................................and more particularly described in the schedule hereunder written and which together with messuage or tenement created thereon is commonly called or known as...........

TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water courses, liberties privileges, easements, advantages and appurtenants whatsoever to the said piece or parcel of land, messuage and premises or any of them in anywise, appertaining or heretofore occupied or enjoyed therewith AND all the estate right, title, interest, property, claim and demand whatsoever, of the Vendor in and upon the property and the same premises to HAVE AND TO HOLD the said piece or parcel of land, messuage and premises hereby granted, conveyed and assigned unto the purchaser for ever AND the Vendor doth hereby covenant and assign the premises hereby granted conveyed and assigned unto the purchaser in the manner aforesaid AND that the purchaser shall and may at all times hereafter peacefully and quietly possess and enjoy the said premises free from all encumbrances whatsoever and receive the rents and profits thereof without any lawful eviction, interruption claim or demand whatsoever from or by the Vendor or any other person or persons AND further that the Vendor and all persons having lawfully or equitably claiming any estate or interest in the said premises or any of them or any part thereof from under or in trust for the Vendor or from or under any of his ancestors shall and will from time to time and at all times hereafter at the request and cost of the purchaser do execute and register or cause to be done executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the Vendor in manner aforesaid as shall may be reasonably required and the Vendor hereby undertake and agree that he shall pay all assessments and taxes presently due or may be levied hereafter by the Government of Kerala.

IN WITNESS whereof the Vendor hath hereunto set his hand and seal the day and year first above written.

THE SCHEDULE

All that piece or parcel of land building and premises situated in the village of.....................in the registration sub-district of....................in the registration sub-district of....................bounded on the north by......................on the south by..................................on the east by.................................and on west by...................................bearing re-survey No............................and old survey No...............................and containing on the whole by admeasurement........................

(be the same more or less.)

Signed, sealed and delivered by the Municipal Secretary on behalf of the Municipality in the presence of witnesses:-

1.................................................................

2..........................................................

(Seal of the Municipality)

SCHEDULE III

FORM 3 (a)

[See Rules 7(2) and 8(2)] TRANSFER BY LEASE

THIS INDENTURE made on this..............................................day of Two thousand and..........................................................................................BETWEEN the Municipality of.........................................................................................constituted under Kerala Municipality Act, 1994 (20 of 1994) (hereinafter called "lessor" which expression where the context admits shall include his successors and assigns) of the one part AND Sri............................................................................................................. aged son of..................................................................................................................residing at and carrying on the business of.......................................................................(hereinafter called "the lessee" which expression where the context admits shall include his heirs, executors, administrators, legal representatives and permitted assigns) of the other part.

 

WHEREAS, the lessee has applied to the lessor for a lease of the property more particularly described in the first schedule hereto for a period and at the rate of lease rent prescribed and subject to the terms and conditions hereinafter contained in the second schedule.

AND WHEREAS, the lessor has agreed to grant a lease of the said property in manner hereinafter contained.

NOW THIS INDENTURE WITNESSETH

1. That in consideration of the lease rent hereby reserved and of the covenants by the lessee herein contained the lessor demises unto the lessee, ALL that piece or parcel of land together with the building and premises known as.......................situate in the registration sub-district of.....................bearing survey No................for the term from.......................day of......................month of.......................year.

2. The lessee covenants with the lessor as follows:-

(1)To pay the reserved rent on or before the first day of the month or before in advance and in manner aforesaid.

(2)To bear, pay and discharge all existing and future charges, assessments and outgoings payable in respect of the said boundary and premises inclusive of the ground rent of Rs....................................(Rupees............................) or any other sum that may from time to time, be levied as such upon the piece or parcel of land by the Collector of the.................................................district on behalf of the Central Government or the Government of Kerala.

(3) To keep the exterior and the interior of the demised premises and all additions thereto and the boundary walls and fences thereof and the drains, mud pipes and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof always in good and tenable repair and conditions and

(4) Not to make or direct to make or permit to be made under any circumstances any alternations in or additions to the demised land or buildings without the previous consent in writing of the lessor or the person authorised by him:

PROVIDED ALWAYS that if the lessee is permitted to make any alterations by the lessor or authorised officers the lessee shall not be entitled to any compensation therefore.

(5) To permit the lessor and his authorised officers or agents with or without workmen or others at all reasonable times on giving one day's previous notice to enter upon the demised premises and to view the condition thereof and upon notice being given by the lessor or his authorised officers to repair within one month from the date of service of the notice in accordance therewith.

(6) Not to assign, underlet or part with the possession of the demised property, building or premises or any part thereof without obtaining the prior written consent of the lessor or his authorised officers.

(7) To yield up the demised building and premises with all fixtures thereon and additions thereto at the determination of the tenancy in good and tenantable repairs and conditions in accordance with the covenants herein contained.

3. The lessor covenants with the lessee as follows:-

(1) The lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on this part contained shall peaceably hold and enjoy the demised building and premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.

(2)To carry out at his expense, all repairs to main walls, roof and foundations due to fair reasonable wear and tear and the decision of the Municipal Engineer as to the necessity for such repairs being final.

4. PROVIDED ALWAYS and it is hereby expressly agreed by and between the parties hereto as follows:

(1) If the rent hereby reserved or any part thereof shall be unpaid for 14 days after becoming payable (whether formally demanded or not) or if any covenant on the lessee's part herein contained shall not be performed or observed or if the lessee or other person in whom for the time-being the terms hereby created shall be vested shall become insolvent then and in any of the said cases it shall be lawful for the lessor or his authorised officers at any time thereafter to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this indenture shall absolutely determine but without prejudice to the right of action of the lessor in respect of the breach of any of the lessee's covenants herein contained.

(2) If at any time it appears to the lessor {whose decision shall be final) that it is necessary in the public interest to determine the lease it shall be lawful for the said lessor forthwith to cancel this lease by notice in writing addressed to the lessee at his last known place of residence and thereupon this lease shall absolutely determine and the lessee shall not be entitled to any compensation whatsoever in respect of such determination except a proportionate abatement of any rent that have been paid by the lessee in advance.

IN WITNESS whereof.....................for and on behalf of the..............Municipality

and Sri................................the lessee have set their hands and the seal of the Municipality is hereto affixed the day and year first above written.

 

FIRST SCHEDULE

All that piece or parcel of land and premises situated in the village of..............in the

registration sub-district of.................in registration district of....................and bounded

on the north by....................on the south by......................on the west by...........and on

the east by.........................bearing Survey No................and Door No..................and

containing on the whole by admeasurement....................(be the same more or less.)

 

 

 

 

THE SECOND SCHEDULE Conditions imposed by the District Collector under rule

(1) ....................................

(2) ................................

(3) ..............................._________________________________________

Signed, sealed and delivered by the Municipal Secretary in the presence of the following witnesses:

(1) ................................

(2) .......................................

Signed Sri..........................(the lessee) in the presence of witnesses.

d) ..............................

(2) ..............................

FORM III-B

TRANSFER OF RENT

[See Rule 7(2) 8(2)]

THIS INDENTURE made this the............................day..................................of...........................................................................................Twothousand......................BETWEEN Sri........................................................................aged............................... son

of......................residing........................carrying on business at......................(hereinafter called "the lessee" which expression, where the context admits shall include his heirs, executors, administrators, legal representatives and assigns) of the one part and the.........................Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994) (hereinafter called "the lessor" which expression where the context admits, shall include its official successors and assigns) of the other part,

1. In consideration of the rent hereby reserved and of the covenants by the lessor herein contained the lessor demises unto the lessee all that piece or parcel of land with building known as.................................with its premises situate in the registration sub-district of.............................in the Registration District of.............................comprised in survey numbers.....................................and more particularly described in the schedule attached hereto for a term of................................years from the........................ day of............................paying therefore in advance the rent of

Rs......................(Rupees..................................) for each year clear of all deductions the first of such payments to be made on the.......................days of..................200 ......

2. The lessee covenants with the lessor as follows: -

(1) To pay the reserved rent on or before...........day of every month in advance and in the manner aforesaid.

(2) To bear, pay and discharge all taxes, charges, assessment and outgoings payable in respect of the demised building and premises.

(3) To keep the exterior and interior of the demised building premises and all additions thereto and the boundary walls and fences thereof and the drains, earthern pipes and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof in good and tenable repair condition.

(4) Not to make or permit to be made under any circumstances any alterations in or additions to the demised buildings without the permission in writing of the lessor provided always that if the lessee, is permitted to make any alterations by the lessor, the lessee shall not be entitled to any compensation therefor.

(5) To permit the lessor with or without workmen at all reasonable times on giving one day's previous notice to enter upon the demised land and to view the condition thereof and after one month from the date of serving notice to the lessee to do the repairs thereon.

(6) Not to assign or sub-let or part with the possession of the demised building or premises or any part thereof without obtaining prior written consent of the lessor.

(7)To yield up the demised building, premises, fixture and all additions thereto at the determination of tenancy in good and tenable repair and condition in accordance with the covenants herein contained.

 

3. The lessor covenants with the lessee:-

(1) That the lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised house, building and premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for the lessor.

(2)To carry out all repairs to main walls, roof and foundations due to wear and tear at his own cost and the decision of the Divisional Executive Engineer for the time being to the necessity for such repairs being final.

4. PROVIDED ALWAYS and it is hereby expressly agreed by and between the parties hereto as follows:-

(1) If the rent hereby reserved or any part thereof shall be unpaid for 14 days after becoming payable {whether formally demanded or not) or if any covenant on the lessee's part herein contained shall not be performed or observed or if the lessee or other person in whom for the time being the terms hereby created shall be vested shall become insolvent then and in any of the time thereafter to re-enter upon to the demised premises or any part thereof in the name of the whole and thereupon this rent deed shall absolutely determine but without prejudice to the right of action of the lessor in respect of breach of any of the lessee's covenant herein contained.

(2) If the lessee desires to determine the present rent deed and shall give to the other party three calendar months previous notice in writing of such desire then immediately on the expiration of the three calendar months the present demise and everything herein contained shall cease and be void but without prejudice to the remedies of one party against the other in respect of any antecedent claim or breach of covenant.

(3) On expiry of the period for which the lease is granted is renewed on request of the lessee in writing three calendar months in advance, the demised building and the premises for............................years all terms and conditions contained herein except for the renewal of the agreement.

In witness whereof the...........................................................for and on behalf of the

lessor.............Municipality have set their hands and the seal of the Municipality is hereto affixed on the day and year first above written.

SCHEDULE

All that piece or parcel of land and premises situated in the Village of.............in the

registration sub-district of...........in the registration district of................and bounded on the north by......................................on the south by...................................on the west by...................................................and on the east by...................................bearing survey No and...................................................door No........................................................................and containing on the whole by admeasurement.....(be the same more or less.)

Signed and sealed by the above first named (lessee) in the presence of the following.

Witnesses:

1...............................

2................................

Signed by the second named, Municipal Secretary, the lessor, in the presence of Witnesses:

1.......................................

2......................................

Common seal of the Municipality affixed in the presence of...............................

 

 

Explanatory Note

 

(This does not form part of the Notification, but is intended to indicate its general purport.) Section 215 of the Kerala Municipality Act, 1994 (20 of 1994) and Section 368 thereof provide for the acquisition of any land or building for a public purpose by a Municipality and for the disposal of the same in the manner prescribed, with the previous permission of the Government. Clause (b) of sub-section (2) of Section 565 of the Act empowers the Government to made rules for the purpose. The Government propose to make rules, accordingly. This Notification is intended to achieve the above object.