Appendix VI

Appendix VI
[See Rule 15(1)]
Form of order of Grant of Government Land for Temporary Agricultural Purposes

The land specified in the schedule is hereby granted to.............(Name andaddress of the grantee) for temporary occupation for a period of..........yearscommencing from (date, month and year) subject to the following conditions to which the aforesaid grantee has agreed; -
(1) The grant is liable to cancellation if it be found that it was grossly inequitable or was made under a mistake of fact or owing to misrepresentation or in excess of the limits of authority delegated to the officer granting the land or that there was an irregularity in procedure. Cancellation

  1.   Added by G.O. (P) 285/6G/ Rev. dt. 17-05-1966 pub. in K.G. No. 22 dt. 31-05-1966.on any of these grounds may be ordered by any authority to whom the assigning authority is administratively subordinate.
  2.   In the event of such cancellation of the grant, the grantee shall not be entitled to compensation for any loss caused to him by the cancellation.
  3. The grantee shall pay the sum of Rs............as security for the fulfillmentand observance by him of the conditions contained in the grant. The sum so deposited shall be liable to be forfeited to the State under the orders of the Collector in the event of failure by the grantee to fulfill and observe any of the conditions of the grant,
  4.  The grantee shall, so long as the grant be in force, pay clear of alldeductions a sum of Rs............ per annum for credit to the generalrevenues of the state and a further sum of Rs............ on account ofrates, taxes, assessments and outgoing payable by the Government to any local body as a result of his occupation of the land. The consolidated charge shall be payable to the Government in advance annually the first of such payments to be made on the day of......andthe subsequent annual payments on the corresponding day of succeeding years.
  5.  In the event of the local body varying its demand, the assigning authority shall be at liberty to revise, without notice, the second part of the charge referred to in condition (4) as the sum payable by the grantee on account of taxation by the local body and on such revision any balance due shall become immediately payable by the grantee.
  6.  The grantee shall bring the land under cultivation within a period of six months from the date of the garantee.
  7.  The grantee shall not use the land or suffer it to be used except for the purpose for which it is granted.
  8.  The grantee shall permit the officers and servants of the Government with or without workmen at all times to enter upon the lands afore said to view the conditions of the land.
  9.  The grantee shall not assign or under let the benefits arising under this grant or a part thereof. l [xxxx]Provided that the military personnel may lease the land assigned to them to others whilst they are away on active service.
  10. (a) The Government reserve to themselves the right to all trees andtheir branches and roots which exist at the time of the grant (which are described in Schedule II attached) as well as those which may grow subsequently on the lands granted and the Government shall be liberty to cut or dig out any such trees or their roots and branches and remove them from the land in question and dispose of them at their pleasure. The grantee shall not be entitled to cut
    1. Omitted by G.O. (P) 285/66/Rev. dt. 17-05-1966 pub. in K.G. No. 22 dt. 31-05-1966
    or remove them or cause them to be cut or removed without the permission of the Collector of the District,  
    (b) The grantee shall take all reasonable measures to the satisfaction of the Collector of the District for the protection of the trees from theft or damage and for the careful protection of the immature trees growing on the land; (c) The grantee shall take steps to see that the marks made by the officers of the Government on the trees are preserved and are not tempered with;
    (d) In the event of the infringement of, or failure to observe, any of the conditions mentioned in (a), (b), or (c) the grantee shall pay to the Government such compensation as is determined by the Collector of the District for any loss or damage caused by such infringement or failure on his part. The Government shall also be at liberty to cancel the grant and re-enter on the land and the whole land shall thereupon vest absolutely in the Government. In that case the grantee shall not be entitled to any compensation whatever.
  11.  The grantee shall not erect any buildings, fences or structures of a permanent or temporary character on the land without the previous written sanction of the assigning authority.
  12.  The grantee shall not cut any live trees without the previous permission of the Collector. The withered and wind-fallen tree shall also be the property of the Government and shall be handed over to the Village Officer.
  13.  The sale proceeds of withered and wind-fallen frees and those cut under conditions (12) shall be credited to the Government.
  14.  If land alone without the trees thereon is granted such grantee shall have no rights whatsoever to any trees standing on the land or to their usufructs.
  15.  The lessee of land without trees thereon shall allow right of passage to persons to whom the usufructs of trees thereon is granted.
  16.  The grantee shall not without the previous sanction of the assigning authority permit any person to use land except as provided in condition (7).
  17.  The grantee shall, on the termination or revocation of this grant, restore the said land to the Government in as good a condition as is consistent with the foregoing conditions.
  18.  The grantee shall be answerable to the Government for all or any injury or damage done to the said land and other Government property thereon except as is permitted by the foregoing conditions.
  19.  The Government may revoke the grant wholly or in part, if the sum specified in condition (4) or any part thereof shall remain unpaid for fifteen days after they have become payable whether formally demanded or not, or of the grantee shall have broken any of the conditions of thegrant herein contained and assume control or otherwise dispose of all or any part of the land and any buildings, fences, and structures thereon and the grantee shall not be entitled to any compensation therefor.
  20.  If the amount specified in condition (4) or (5) any part thereof together with interest, if any, is in arrear it shall also be competent for the assigning authority to recover the same from the grantee as an arrear of land revenue.
  21.  The grant hereby given may be revoked by the assigning authority after giving sixty days notice in writing and by the Government or Board of Revenue without notice in an emergency (the said Government of Board of Revenue being the sole judge of the emergency) and shall be terminable by the grantee by giving to the Collector, sixty days notice in writing but without prejudice to any right of action or remedy of the assigning authority in respect of any antecedent breach of any of the foregoing conditions. The grantee shall not in case of such revocation or termination be entitled to any compensation in respect of any compensation improvements effected by the grantee to the land or for the loss caused by the interruption of his occupation.
  22. In the event of termination of the grant under condition (19) or (21) the Government shall be at liberty to levy proportionate rental up to the date of such termination.
  23. The sum of Rs.............deposited by the grantee under condition (3) orsuch portion thereof as may be returnable to him shall be returned to him on the expiration or soon after the termination of the grant.
  24.  If any dispute or difference shall at any time hereafter arise between the Government or their officers on the one part and the grantee as to the rights, duties, or liabilities of either party, in respect of any matter or thing relating to or arising out of the grant or the construction or the meaning of all or any of the provisions herein contained the said dispute or difference shall be refereed for settlement by arbitration by the Collector of the District and his decision shall be final.
  25.  The grant include all rights, easements and appurtenances belonging to the land or reputed to belong to it or usually held or enjoyed with it. The existing and customary right of the Government and the public in roads and paths and rivers, streams and channels running through or bounding the land and the right of the Government to the mines and quarries, subjacent to the land and are however reserved and are in no way affected by the grant.

1. Added by G.O. (P) 285/66/Rev. dt. 17-05-1966.
                                                                                             
 Schedule I

District ;Taluk Village Survey No. Areas A.C Boundary
        2[(H)(A)]  N.S.E.W
(1)  
(2)    
(3)  
(4)  
 
(5)  
 
(6)      

Schedule II

Teak                           Blackwood                                                              Ebony                                                     Sandalwood
In witness whereof I (name and designation) acting for and on behalf of any by the order and direction of His Excellency the Governor of Kerala have hereunto set my hand this..........day of.............19...................
Place :
Date :                                                                                              Signature and designation ofthe assigning authority

                                                                                                   Declaration

I declare that I shall hold the lease subject to conditions................given above.
I also declare that I shall abide by the rules which are now in force or may hereafter be issued by Government  in.  regard to leases.
                                                                                                                                                                           Signature of lessee.