Appendix VII


Appendix VII
(See Rule 15)
Form of order of grant of state land for temporary occupation of non-cultural purposes
The land specified in the schedule is hereby granted to .......... (name andaddress of the grantee).......for temporary occupation of a period of.........years/months commencing 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 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 of fleer-granting the land or that there was an irregularity in the procedure. Cancellation 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 not transfer to any other person the rights hereby conveyed to him 1[VI]:Provided that the military personnel may lease the land assigned to them to others whilst they are away on active service.
  4.  The grantee shall, so long as the grant be in force, pay clear of all deductions a sum of Rs.......for credit to general revenues of the stateand a further sum of Rs............on account of rates, taxes, assessmentsand out-going payable by Government to the local bodies as a result of his occupation of the land. The consolidated charges shall be payable to the Government in advance annually/monthly the first of suchpayments to be made on the.............day of........ and the subsequentannual/monthly payments on the corresponding day of the succeeding months /years.
    1. Omitted by G.O. (P) 285/66/Rev. dt. 17-05-1966.
  5.  In the event of the local bodies vary in its demand, the assigning authority shall be liberty to revise, without notice, the second part of the charge preferred to in condition (4) as the sum payable by the grantee on account to the taxation by the local body and, on such revision, any balance due shall become immediately payable by the grantee.
  6.  The grantee shall not use the land or suffer it to be used except for the purposes for the.......which are the following:
  7.  The grantee may erect...........in accordance with the plan (s) hereto annexed.
  8.  The grantee shall not except as provided in condition 7 erect any buildings, fence or structures of a of a permanent or temporary character on the land without the previous written sanction of the assigning authority.
  9.  The grantee shall maintain the said land in a clean and sanitary condition to the satisfaction of the assigning authority and shall also maintain the structures, if any, erected thereon as aforesaid in good and substantial repair to the satisfaction of the assigning authority.
  10.  The grantee may uproot, cut down and destroy such trees, plants, groves or bushes, as in the opinion of the assigning authority, it is necessary to uproot, cut down or destroy to make the land fit for the purposes of......... and may take them free of charge and dispose ofthem in any manner he likes. The grantee may level the ground by removing embanked pathways and filling up low-lying places on the land so as to make the ground fit for the purposes of.............and maynow and cut the grass thereon and dispose of the same in any manner the likes and do any work on the land which in the opinion of the assigning authority is necessary for such purpose.
    Note.- If the trees are valuable it may be stipulated that the tree growth cut should be handed over to the assigning authority or any officer deputed by him in this behalf for disposal.
  11.  The grantee shall remove immediately any unauthorised building fence of structure on receiving notice from the assigning authority and in default of immediate compliance with any such notice the assigning authority shall have power to remove the same and grantee shall, upon demand made by or on behalf of the assigning authority, pay the cost of removal and the cost of storing the materials removes and take delivery of the same. The grantee shall have no claim to any materials removed under this condition which shall not have been taken delivery of or the cost of the removal and storage which shall not have been paid by the grantee on demand made as aforesaid. 
  12.  The grantee shall not, without the previous written sanction of the assigning authority permit any person to use the land or any structure thereon or any portion of the land or structure except as provided in condition (6).
  13.  The grantee shall, on the termination or revocation of this grant, restore the said land to the assigning authority in as good a condition as is, consistent with the foregoing conditions.
  14. 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.'
  15.  The assigning authority may revoke the grant wholly or in part, in charge specified in condition (4) or any part thereof shall remain unpaid for fifteen days after it has become payable, whether, formally demanded or not, or if the grantee, shall have broken any of the conditions of the grant herein contained and assume control or otherwise dispose of all or any part of the land any buildings, fences and structures thereon and the grantee shall not be entitled to any compensation therefor.
  16. If the amount specified in condition (4) above or any part thereof 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.
  17.  The grant hereby given may be revoked by the assigning authority after giving sixty days' notice in writing and by the Government or the Board of Revenue without notice for emergent reasons (the said Government or the Board of Revenue being the sole judge of emergency), and shall be terminable by the grantee by giving to the assigning authority 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 buildings, fences, and structures on the land or of any other improvement effected by the grantee to the land but he may before the revocation or termination of the grantee to the land but he may before the revocation or termination of the grant takes effect or if the grant is revoked without notice, within such time as may be allowed by the assigning authority in that behalf, remove such buildings, fences and structures.
  18.  The grant includes 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 rights of Government and the public in roads and paths and rivers, streams and channels running through or bounding the land and the right of Government to the mines and quarries, subjacent to the said land are, however reserved and are in no way affected by the grant.
  19.  If the grantee shall fail to pay to the Government any sums payable under the grant on the respective rates on which they are made payable, he shall pay interest at 12 percent per annum on such amounts from the dates on which they were so payable until the date of payment or recovery.

Schedule

Taluk Village Survey No Description of trees No. Rent
     
Coconut
   
     
Jack
   
     
Arecanut
   
     
Palmyrah
   
     
Tamarind
   
     
Punna
   
     
Mango
   
     
Cashew
   
     
Pepper Vien
   

Tahsildar or other officer
(Signature)

 

Declaration

I………………… do hereby declare that I shall hold the Lease/Licence subject to the conditions given above. I also declare that I shall abide by the rules which are in force or which may hereafter be passed by the Government in this regard.

Signature of the Lessee/Licensee.

Notification
Remission of Stamp duty


In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 of the Kerala Stamp Act, 1959, the Government of Kerala, being of opinion that it is necessary in the public interest so to do, hereby remit the duty with which a patta issued under the Kerala Land Assignment Rules, 1964, is chargable under the said Act.
This order shall be deemed to have come into force with effect on and from the 23rd March, 1994 (G.O.(P) No.72/79/TD dt. 11-05-1979 pub. in K.G.No.24 dt. 12-06-1979 as SRO 642/79).

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