1. Short title and commencement.-
(1) These rules may be called the Rules for Assignment of Land within Municipal and Corporation Areas, 1995;
(2) They extend to the Municipal and Corporation Areas of the State of Kerala;
(3) They shall come into force atones.
2. Definition.- In these Rules unless the context otherwise requires,
3. Purposes for which land is assigned.- Land may be, assigned for purposes of house sites, shop sites or other commercial or charitable purposes and for beneficial enjoyment of adjoining registered holdings.
1. Clause (i) substituted by S.R.O.No.514/98, w.e.f 22-6-1998.
4. Maximum extent of land to be assigned and land value:- (1) 2[(a) The extent of land that may be assigned to a family for house site shall not ordinarily exceed 10 cents in Municipal areas and 5 cents in Corporation areas.
{b) (i) The land value payable in respect of land not exceeding the limit prescribed in clause (a) shall be at concessional rates prescribed in the Kerala Land Assignment Rules, 1964 in respect of assignees whose annual family income from all sources does not exceed Rs. 24,000. The land value payable by those having annual income exceeding Rs. 24,000 but below Rs. 50,000 shall be one fifth of the market value of the land at the time of assignment of the land.
Those having family income exceeding Rs.50,000 per annum, shall pay market value of the land at the time of assignment.
(ii) Those who are in possession of land in excess of the limit prescribed in clause (a) shall pay full market value of the land at the time of assignment irrespective of their family income or caste.
(iii) In the case of assignment of land for purposes other than house sites, laud value at market rate at the time of assignment shall be realised irrespective of income or caste of the assignee.]
Note.- (1) (a) In calculating land value payable by the assignee the value of improvements, if any, effected by him in the case of occupied land shall be excluded.
(b) The assignment of land for house site within the Corporation/Municipal areas shall be sanctioned only in such a way that fragments of less than one cent or unusable bits of small extent consequent on such assignment are avoided as far as possible;
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(2) (a) The maximum, extent of land that may be assigned on registry, when such land is indispensably required for the beneficial enjoyment of adjoining registered holdings, shall not exceed 5 cents in the Municipal areas and 3 cents in the Corporation areas.
(b) Land value at, market rate shall be payable for such assignment of land for beneficial enjoyment.
Note.- (1) Assignment of land for beneficial enjoyment of adjoining registered holdings shall be sanctioned in such a way that, fragments of less than one cent or unusable bits of small extent consequent to such assignment are avoided, as far as possible.
(2) For the purpose of these rules, land value at market rate shall be calculated by adopting the method for calculating land value at market rate in land acquisition proceedings.
5. Assignment of land held under lease.- (1} Land held under lease, either current or time expired, granted under any rules or orders in force at the time of such grant and the extent of which does not exceed 5 cents in the Municipal areas and 3 cents in the Corporation areas shall be considered for assignment on registry to the holder on payment; of land value at market rate.
6. Procedure for assignment of land.- (1) Before granting Registry, Government shall cause to be prepared lists of the land which should be -reserved for Government or public purpose in each village and lists of the land which may be made available for assignment in each village.
(2) Land to be reserved for Government or public purposes as may be found necessary shall include, among others.-
(i) poramboke as defined hi the Kerala Land Conservancy Act, 1957, except those which may be assigned without detriment to Government or public interest;
(ii) land required for Government or public purposes, other than those covered by the definition of 'poramboke' in the Kerala Land Conservancy Act, 1957;
(iii) land required or likely to be required for any settlement scheme or any other scheme sponsored by the Government;
(iv) land likely to be required for the present or future for Government or public purposes;
(v) land on the sides of roads required for the widening of roads; ; land Within port limits or within fifteen links (3.017 metres) on either side of streams, or within two or three chains (40.234 or 60.351 metres) of reserve forests; or within one chain (20.117 metres) of important irrigation channels without embankments or within twenty links (4,02. metres) of less important irrigation, channels with embankments; or within one hundred metres of the boundary of railway station or within two hundred yards (183 metres) of the boundary of aerodromes and landing grounds; or land near sea coast within hundred feet (30.480 metres) of the high water mark of the sea:
Provided that land near sea coast within 100 feat (30.480 metres) of the high water mark of the sea may, however, be temporarily assigned as house sites for fisherman and also for purposes of casuarina coconut plantations and erection of fish oil and fish guano factories beyond hundred yards (91.5 metres) from the high water mark.
(vi) land required for colonisation purposes;
(vii) land specially reserved for assignment to scheduled caste/scheduled tribe communities;
(viii) land containing or presumed to contain valuable minerals, quarries; and (ix) land acquired for Government purposes but not required for such purposes.
(3) After setting apart the land required for future Government or public purposes as stated in sub-rule (2), 25 per cent of the land available for assignment in each village shall be reserved for assignment to members of the Scheduled Castes and Scheduled Tribes.
Provided that-
(i) if, in any village, the land available for assignment under these rules are already occupied either under lease (current or time expired) or by way of encroachment and the occupants thereof are entitled to assignment of land under these rules, only the balance area, if any, that may be available after such assignment, shall be reserved as aforesaid;
(ii) for assignment of land for house sites in sea coast villages priority shall be given to landless fishermen in respect of land which are situated beyond one hundred feet but within four furlongs from the high water mark of the sea, if the land are not already in the occupation of other persons who are entitled to get the land assigned under these rules;
(4) Land held on leases with or without limit of time including leases under the Kuthakapattam Rules, shall also be taken into consideration for purposes of registry,
(5) The lists of land to be reserved for Government or public purposes and the lists of land to be set apart for assignment on registry, shall be submitted to Government for approval and, action to assign such land on registry shall be taken only after the Government approves these lists:
Provided that, Government may authorise any authority subordinate to it to scrutinise and approve such lists.
(6) Applications for assignment of land shall be made to the assigning authority in Form No.1 appended to these Rules. Each such application shall bear court fee stamp of Rs.2:
Provided that, applicants belonging to Scheduled Castes or Scheduled Tribes and serving military personnel shall be exempted from affixing court fee stamp on their applications.
4[(7) Application for assignment of land, in the case of married people, shall be made jointly by husband and wife and patta shall be issued jointly in their names.]
7. Enquiry to be held.- (1) Before considering an application for assigning the land, the Assigning Authority shall publish a notice under his signature inviting objections in writing against the registry of such land. The notice shall be in Form No.2 and shall give a minimum of fifteen days time from the date of its publication for preferring objections, if any. The notice shall be published by affixture in a conspicuous place in the land concerned and also 5[in the office of the Local Authority and] in the Village and Taluk Offices. Such publication shall be deemed to be legal notice and sufficient for the purpose of these rules.
Provided that, the assignee shall mortgage the land to the Government, Co-operative Institutions or other Institutional Credit Agencies for obtaining loans for effecting improvements to the land or for constructing repairing buildings or for improvement of the business of the assignee.
12. Lease or land.- (1) Land held under lease either current or time-expired granted under any rule or orders in force at the time of such grant and which do not fall under rule 5 shall be granted fresh lease in Form No.6 as per the procedure laid down below:-
(e) The lease granted shall be for a period not exceeding three years and shall be renewed on application.
6[(5) Lease Rent- (i) The annual lease rent shall be fixed based on the market value of lands at the rates as specified below; namely:-
6. Sub-rule (5) substituted by SRO No. 500/2004, w.e.f. 1-4-2004. Prior to the substitution it read as under:
"(5) Lease rent.- Annual lease rent shall he fixed at the rate of ten per cent (10%) of the market value of the land when it is used for non-commercial purposes and twenty per cent (20%) of the market value of the land when it is used for commercial purposes. If the lease applied for is non-objectionable, the lease rent for the period of lease proposed to be granted shall be remitted A[within one month from the date of receipt of orders from the Assigning Authority:]
Provided that if the Assigning Authority is satisfied that there is genuine ground to grant extension of time for remittance of the lease rent, he may grant such extension which shall not exceed three months.
A. substituted by S.R.O. No. 799/97, w.e.f 9-10-1997.
(e) Land leased out to public sector institutions, institution of Central or State Governments: (i) when used for non commercial purposes 2%
(ii) when used for commercial purposes 5%
(f) Land leased out to institutions for promotion of cultural activities or tourism
and club of all types 2.5%
(ii) the lease rent shall be revised at intervals of every three years.
(iii) All the lessees who have defaulted in payment of lease rent shall pay such lease rent at such rates as are applicable to them before 1995 and the arrears thereof shall be remitted in full.
(iv) The arrears of lease rent for the period from 1995 to the date of coming into force of the revised lease rent shall be settled by remitting twenty-five per cent of such amount.]
13. Survey and Demarcation.- The and to be assigned shall be surveyed and the boundaries demarcated The assignee shall be liable to remit survey and demarcation charges at the rates prescribed by Government from time to time.
7[Provided that the assignees belonging to Scheduled Castes/Scheduled Tribes and those whose annual family income from all sources does not exceed Rs.24,000 shall be exempted from payment of survey and demarcation charges.]
Provided that, where the assignee proves that the trees were planted by the assignee himself or his predecessor-in-interest, no tree value shall be realised.
7. Added by S.R.O- No. 799/97, w.e.f 9-10-1997.
Provided that the person affected by such cancellation of pattah or lease and resumption of land shall be given an opportunity of being heard in person before passing such orders.
18. Appeal.- (1) An appeal shall lie to the Board of Revenue against an order passed by the Assigning Authority or to the Government against an order passed by the Board of Revenue, as the case may be.
(2) The appeal shall be filed within 30 days of receipt of the order by which the appellant is affected:
Provided that, the appellate authority may on his discretion admit a belated appeal if he is satisfied that there is sufficient grounds to condone the delay.
Provided that, no decision or order shall be so revised, altered or cancelled unless the parties affected by such decision or order is given an opportunity of being heard.
19. Registers and accounts to be maintained.- The Assigning Authority shall maintain a Register showing the details of land assigned under these rules with particulars of the assignees, Survey number, Village, Taluk etc. and shall conduct periodical inspections to ensure that no violation of any of the conditions has taken place.
(i) authorise any officer to exercise the powers and functions which may be exercised by the Assigning Authority; and
(ii) if they consider it necessary so to do in public interest, assign land subject to such terms and conditions, if any, as may be imposed.
FORM No.1
[See Rule 6 (6)]
APPLICATION FOR ASSIGNMENT OF LAND ON REGISTRY
(a) Extent Sy. No. Village Municipality/ Taluk District Corporation
(1) (2) (3) (4) (5) (6)
(b) Whether the land is already under occupation by the applicant |
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(c) If occupied, the date from which occupied |
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(d) It held on lease, give the following details:- |
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(1) No. and date of lease |
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(2) Authority who granted the lease |
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(3) Period of lease |
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(4) Whether the lease is current or time-expired |
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(5) Whether rent/prohibitory assessment is outstanding |
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4. Purpose for which land is required |
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5. Details of Pattah land, if any, held by the applicant |
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Extent |
Sy.No |
Village |
Taluk |
District |
Panchayat/Municipality/ Corporation |
|
1 |
2 |
3 |
4 |
5 |
6 |
DECLARATION
Signature of applicant
FORM No.2
[See Rule 7 (1)]
NOTICE
WHEREAS Shri/Smt ................................................................................................ and Smt....................................................................... has/have applied for regularisation of occupation of .................................... acres......................cents (...................................... hectared............................ares)of...........................................Village...............................Taluk.....................................District................................... by assignment on registry.
Notice is here by given that claims/objections, if any, shall be preferred in writing before the undersigned within fifteen days from this date.
Claims /objections received after the above said date shall not be entertained.
Place:
Date:
Assigning Authority.
FORM No. 3
(See Rule 8)
ORDER OF ASSIGNMENT ON REGISTRY
Shir/Smt. ................................................................................................... (here give the full address of the applicant) is informed that his/her application for assignment of land as described in the schedule hereto has been accepted and that the land is assigned to him/her for the purpose of ................................................ and subject to the following conditions:-
1 . The land value as indicated in the Schedule shall be remitted within thirty days from the date of receipt of this order.
6. The assignment shall be liable to be cancelled for contravention Of the terms and , conditions or if it is found that it was grossly inequitable, or was made under a mistake of fact or misrepresentation of fact or in excess of the powers delegated on the Assigning Authority or, that there was an irregularity in the procedure.
7. In the event of cancellation of the assignment, the assignee shall not be entitled to any compensation on the improvements if any, effected on the land.
Assigning Authority,
SCHEDULE
Details of land assigned to ............................................................................
Assigning Authority.
Place:
Date:
FORM No.4
(See Rule 10)
PATA
The amount of land tax as per this pata should be paid to the Village Office concerned.
Amount Rs. Place:
Date:
Assigning Authority
Sy. No. :
Sub Division No. :
Category of land :
Extent :
Tax :
Assigning Authority,
DECLARATION
I declare that shall bind myself to the conditions specified below.
Patadar.
CONDITIONS
The Land shall be heritable but not alienable for a period of 12 years from the date of assignment. However there shall be no restriction to mortgage the land to Government, Co-operative Institutions or other Institutional Credit Agencies for obtaining loans for effecting improvements to the land or for constructing/repairing buildings or for improvements of the business of the Patadar. No trees standing on the land shall be cut and removed without prior sanction from the Assigning Authority.
The Assignee shall give all facilities to the Department Officers to inspect the land from time to time to ensure that no contravention of the conditions take place.
The Pata is liable to cancellation for contravention of any of the conditions or it is found that it was grossly inequitable or was trade under a mistake of facts or misrepresentation of, facts or there was an irregularity in the procedure.
Assigning Authority.
FORM No.5
[See Rule 12(1) (a)]
APPLICATION FOR LEASE OF LAND/RENEWAL OF LEASE
Sy.No. Extent Village Municipality/ Taluk District
Corporation
3. (a) Whether the land is occupied by the
applicant
I declare that the particulars given above are true to the best of nay knowledge and belief. Place: Date:
FORM No.6
[See Rule No.12 (1)]
No Lease No.........................
Lease granted to Shri............................................................................................
(full address of the lessee)
In consideration of the application dated......................the land mentioned in the
Schedule hereto is granted on lease to Shri...................................................................
.........................................................................(Give full address) for a period
of.................year (The period of lease shall not exceed three years) for the purpose
of..........................................
The lease shall be subject to the following conditions:
(ii) Lease rent at the rate of 1 /5 (one fifth) of the value of land at market rate per annum shall be levied where the land is used for commercial purpose.
Assigning Authority.
DECLARATION OF THE LESSEE
I agree to abide by the terms and conditions of this lease.
Lessee. Place: Date:
Witness: 1. 2.
Assigning Authority
SCHEDULE
DETAILS OF LAND GRANTED ON LEASE
Sy.No. Extend Village Municipality/ Taluk District Lease
Corporation rent per annum
(1) (2) (3) (4) (5) (6) (7)
Place:
Date: Assigning Authority
FORM No.7
[See Rule 12 (3)]
No.
Renewal of lease granted to Shri............................................................................
....................................................................................................................(full address
of the Lessee)
In consideration of the application dated...............................................................
the Lease No............................................dated....................................................granted
to Shri............................................................................................................................
...................................................................in respect of the land mentioned in the Schedule
hereto annexed is renewed for a further period of years from today.
The lease shall be subject to the following conditions:-
(ii) Lease rent at the rate of 1/5, (one fifth) of the value of land at market rate per annum shall be levied where the land is used for commercial purposes.
Assigning Authority
SCHEDULE
DETAILS OF LAND GRANTED ON RENEWED LEASE
Sy.No. Extend |
Village |
Municipality/ Corporation |
Taluk District Lease rent per annum |
(1) (2) |
(3) |
(4) |
(5) (6) (7) |
Place: Date: Assigning Authority. |
Explanatory Note
(This does not from part of the notification, but is intended to indicate general purport.)
The Kerala Land Assignment Rules 1964 are hot applicable to lands in Municipal and Corporation areas. Assignment of lands in these areas is being done under executive orders. Previously lands were leased out under the Kuthakappattom Rules 1947 issued by the Government of the former Travancore State. Consequent to the formation of the State of Kerala and the introduction of the Kerala Land Assignment Rules, 1964, the lease granted under the Kuthakappattom were also brought within these rules. The High Court of Kerala has quashed the applicability of the Kuthakappattom Rules in the areas outside the former Travancore State. Government consider that the lands in the urban areas have also to be brought within the purview of statutory rules. The notification is intended to achieve the above object.
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