LAND ASSIGNMENT IN KERALA. T. James Joseph
1.Every next level demands a new version of you. 1.
Learn.
2.
Unlearn.
3.
Relearn.
2.The extra ordinary VO. 1.
Interest.
2.
Commitment.
3.
Passion
4.Accountabile Revenue Officer.
Your action can be challenged……… Explain. 1. Why you are doing it stating act and rules. 2. Why you cant do it stating act and rules. .
ASSIGNMENT OF LAND IN KERALA IS GOVERNED BY
THE KERALA GOVERNMENT LAND ASSIGNMENT ACT, 1960 AND RULES MADE THERE UNDER
ASSIGNMENT OF LAND IN KERALA IS GOVERNED BY
THE KERALA LAND ASSIGNMENT RULES, 1964 (for Panchayath area only) RULES FOR ASSIGNMENT OF LANDS IN MUNICIPAL, CORPORATION AREAS- 1995 There are other 19 rules for the assignment for special purpose.
ASSIGNMENT-LEASE- LICENSE.
Assignment of land means
a transfer of Government land on registry to the persons eligible and includes by way of Lease and a grant of License for the use of land.
Important Rules for Assigning Government Land 1.
Kerala Land Assignment rules 1964.
2.
Assignment of land within Municipal and corporation areas rules 1995.
3.
The Kerala Assignment of Government land to the Scheduled Tribes Rules 2001.
4.
The Kerala land assignment (Regularisation of occupation prior to 1-1-1977)special rules 1993
5.
The arable forest land assignment rules 1970.
6.
Rules of assignment of govt. land for industrial purposes.
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Rules of Assigning Government Lands
7. Rules of assignment of govt. land for rubber plantation 8. Rules of assignment of govt. land for settlement of Agricultural labourers 9. The Bhoodan assignment rules 1962 10. High Range Colonisation Scheme 11. Kuthakappattom Rules 1947 12. Lease for Cardamom Cultivation Rules 1961 13. Waynad Colonisation scheme rules 1969
7 point scrutiny of application
1. Which Rule is applicable? 2. Whether the land is suitable for Assignment? 3. What is the Purpose of Assignment? 4. Whether it exceed the Maximum limit? 5. Check whether the applicant is eligible for assignment? 6. Check whether the application is in the correct form. 7. Check Enclosures.
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Maximum assignable area in panchayaths. Purpose of assignment
Plane Area
Hilly Tract Area
Assigning authority
Personal cultivation
1 Acre Wet or Dry (unoccupied Land)
1 Acre Wet or 3 Acre Dry (unoccupied Land)
Tahsildar/Spl Tahsildar
1 Acre Wet or Dry(occupied Land without improvement 01/08/71)
1 Acre Wet or 3 Acre Dry(occupied Land without improvement)
2 Acre Wet or Dry(occupied Land with improvement)
2 Acre Wet or 4 acre Dry(occupied Land with improvement)
House site
15 Cents
15 Cents
Tahsildar/Spl Tahsildar
Beneficial Enjoyment
15 cents
15 Cents
RDO/sub collector
Occupied – Unoccupied criteria 1.
Land in possession of the applicant or his processor in interest prior to 1-8-1971 is considered as occupied land
2. Unoccupied land shall be assigned to persons whose family income is less than one Lakh and No income limit for occupied lands. 3.
Maximum limit of land include the extent of land already in possession of applicant’s family
4. In case of Married persons Patta shall be issued jointly to the Husband and wife.
3
Procedure for assignment Application
should be submitted to concerned Tahsildar/Spl
Tahsildar After entering in No 1 register forward to Concerned Village office/ Special Staff Preparation of Sketch mahazar Verification by RI/DT/Tahsildar Publication of rule 12(1) notice (at Taluk office, Village Office Pancahyat Office and at land which is to be assigned) Place the application before Taluk Land assignment committee Pattayam
4
Taluk Land Assignment Committee. 1.Tahsildar/Spl Tahsildar is the convener of the committee 2. Members of the committee 3. No quorum is required 4. The assignment of lands to institutions, companies, for commercial purposes will be outside the purview of the committee 5. In case the committee fails to reach the decision with the required majority the Tahsildar shall assign the land according to the rules.
UN ASSIGNABLE LANDS …1964 rules Panchayth area only .
1. Lands belongs to Municipal/Corporation/Other departments.
2. Lands for the specific purpose of cultivating Tea, Coffee, Rubber, Cinchona, Cardamom .
3. Lands stands transferred and vested with Panchayats etc.(Panchayath Raj Act s.169&218).
4. Land to be reserved for public purpose- section 11(2)--10 items( original poromboke)-land contain minerals & quarries. Land acquired but not required etc.
5
Land vested with LSG.. Panchayath raj Act 1994 . Section.169
Section .218
Roads. Bridges. Dams Surrounding fences and poromboke
Rivers, Canals, Lakes, waterways, water sources and surrounding poromboke.
Permission from LSG is required in LA cases.
6
Fee Schedule. ITEM
Personal Cultivation
House site
Beneficial enjoyment
SC/ST
Housing schemes
Land Value
1000/Acre
200/Cent
Market Value to be collected
No Land value
No Land value
Survey & Demarcation Charge
Survey charge Rs 255+ Rs 85/Stone
Survey charge Rs 255+ Rs 85/Stone
Survey charge Rs 255+ Rs 85/Stone
No Survey and Demarcation charges
No Survey and Demarcation charges
Land tax & Tax arrear
From possession
From possession
From possession
Only Current year land tax to be collected
Only Current year land tax to be collected
Un occupied land … Assignment Quota.. catagory
%
Ex Service men
10
SC/ST
25
General
65
Assignment to a family-Husband& wife, children and parents solely dependent on themAssignable extent-Land occupied by all members of the family both collectively and individually will taken in to account.
Priority for Assignment 1.
Land less persons whose annual family income below Rs.100000
2.
.
No income limit for SC/ST family and the . assignment is FREE.
3.
The land is heritable and alienable.
Kaivasa Rekha. 10 cents in Panchayath 5 cents in Mun/corpn. G.O. MS-511/97 dt. 07-07-1997.(p) G.O MS- 440/99 dt. 09-11-1999. (M). .
Landless family resides in lands vested with LSG( s.169 & 218) before 01-01-1992. It is not a proof of title. can be evicted if need for the land arises.
Approval of assignment committeeTahsildar.
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Purpose of assignment……. PURPOSE
MUN
Corp
Panchayath
HOUSE SITES,
Yes
Yes
Yes
Commercial.
Yes
Yes
No
Beneficial Enjoyment
Yes
yes
Yes
Cultivation
No
No
Yes
Kaivasa Rekha.
Yes
Yes
Yes
3.Rule 24 ..Goverment have the power to relax the condns and assign pattayam to any body for any purpose- public interest is the key.
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Assignable Area……. PURPOSE
MUN
Corp
Panchayath
HOUSE SITES,
10 cents 5 cents
15 cents
Commercial.
10
5
NIL
Beneficial Enjoyment
5
3
15
Cultivation
NIL
NIL
1 Acre-Nilam/plain. 2 Acre –hilly. 2 acre- occupied Nilam/Plain 4 Acre-occupied hilly land
Kaivasa Rekha.
5
5
10
1.In the case of occupied land assignment is possible after the un conditional surrender of the excess land and payment of arrears. 2.occupation should be before 01-08-1971.
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Land value…….(Thara vila) PURPOSE
MUN
Corp
Panchayath
HOUSE SITES,
Rs.200/cent Rs.200/cent
Rs.200/cent
Commercial.
Market value
Market value
No assignment.
Beneficial Enjoyment
Market value
Market value
Market value.
Cultivation.
No assignment.
No assignment.
Rs 1000/acre
Kaivasa Rekha.
.
.
.
Land value need not be realised from sc/ST
11
1995 Rules-Land value to be realized
1. Assignment at concessional rate if the income of the family is less than Rs.100000/-.
2. Full market value to be realised for the holders of excess land irrespective of income.
3. Full market value to be realised for other purpose.
Those who possess land excess in limit shall pay full market value. Valuation of the land to be done as in the case of Land acquision. In the case of Lease, basis for valuation is double the fair value. For a family pattayam is issued in favour of couples.
Appeal/Revision……. Assigning Authority
Appeal
Revision
Tahsildar
RDO
Collector
RDO
Collector
CLR
Collector
CLR
Governmen t
1.Government can assign land for any person.institution,and industry by relaxing the norms.
Registers to be maintained. Register Name
Office
Panchayath
LA- 1
Taluk
Application n Register.
LA- 2
Taluk
Pattaya Register.
LA- 5
Village.
Register of assignable land.
LA- 6
Village.
Application Register.
LA. 7
Village.
List of reserved trees.
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Nine stages Part 1. V O 1.Applicant submits application in the prescribed form to Tahsildar( or assigning authority). 2. The details are entered in LA-1 register and forwarded to VO for report. 3. VO enters the details in LA- 6 register and conducts enquiry. 4. VO returns the processed application with 9 annexures. i. Proforma report. ii. Sketch of the land.(TS) iii. Location sketch. iv. Mahazar. v. list of assignable land vi. Affidavit in Rs 50 stamp paper. vii. Valuation of the land. viii, BTR/Settlement copy. ix. Enquiry report of VO.(smart)
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Nine Stages ……Part 2. Tahsildar.
14
5. After receiving report from VO Tahsildar prepares 12(1) notice inviting objections if any against the assignment. 6.12(1) notice is published in 3 locations---i. Site ( for 15 days)…. (Keep published copy in the file)
ii. Taluk office-NB iii. Village office NB.
7. Place the report before Land Assignment Committee. 8. District collector approves the list of assignable lands. 8. After approval order of assignment is issued to the party( 9(1) order to pay land value, tree value, arrears, SD charge within 3 months. 9.On receipt of Chalan receipt from the applicant ,Pattayam is prepared and issued after entry in LA- 2 Register
Mahazar/Report should be
Proof of possession
Created boundaries.
Erected buildings…
Developed the land…
Cultivated.
Measurement of land should be in metric system.
Tabular form Tharka
.
S-M-A-R-T
16
Payment of land value and other dues.
A.O------ dues should be remitted within 3months
Poor landless-2 years
.
4 instalments.
17
.
RDO can condone delay upto 1 year(amount should be remitted within 15 days in lump)
Collector can condone delay upto 3 years.
CLR can condone delay upto
6% interest should be realised (12 % for lease).
5 years .
Royal Trees must be reserved. Girth Above 90 cm
Sandal wood.
Teak.
Black tree..
Ebony.
Rose wood.
.
Royal tress and other trees may be reserved if the girth is above 90 cm. But in the case of occupied lands no reservation and no tree value for the trees planted by the occupant.
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Taluk Land Assignment Committee (1964 rules-Panchayath.) * One representative each of all political parties who have representation in the Assembly, * M.P.& M.L.A. of the Taluk, * Presidents of Grama Panchayats and Block Panchayat * Member of District Panchayat * A nominated member from SC/ST * Tahsildar (Convener) *
Special Tahsildar
Quorum:- 1/5 of the total members ¾ majority
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Municipal and corporation Land Assignment Committee 1995 rules.)
One representative each of all the political parties having representation in the Legislative Assembly
M.P., M.L.A
Chairman of the Municipal Council / Mayor
Councilors of the respective wards
Nominated members from SC/ST
Tahsildar & Special Tahsildar, if any
District Collector / R.D.O
Convener of the committee :
D.C in Corporation area
R.D.O in Municipal area
Quorum 1/3 of the totalmembers.3/4 majority. If there is no quorum or no majority for the decision District collector can proceed as per rules. The committee also can give advice on kaivasarekha /cancellation of wrong assignment within a period of 2 years after issue of pattayam.
ISSUE OF PATTAYAMThe safety package. 1. Pattayam. 2. Mahazar. 3. Sketch. 4. Tax receipt. Make necessary pokku- varavu vivaram in the Thandaper registers and LA registers. Citizen is the best custodian…..Pattayam. Sub division sketch. award. Being law enforcement officer a revenue officer is empowered to do both defined/undefined acts.
Issues……..iii .
Assignment of unsuitable . land. Lack of proper designing.
Delay….when pattayam issued land cannot be handed over as the land is un identifiable or under new encroachment.
No measures for the proper storage of assignment records.
Issues……..iii
Premature disposal of Land.
.Conditions of issue of patta is seen . violated.
After receiving pattayam assignee abandon or transfer the land and encroach a better place in the puramboke and keep the pattayam as evidence of title in the encroached land.
Pattadar keep the pattayam without effecting TR. The land still remain as puramboke in the village registers.
Pattadar approach the VO/Tahr after decades to issue Copy of pattayam…but no records are available.
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4 situations for cancellation of pattayam.
1. IF THE LAND IS NOT USED FOR THE PURPOSE WITHIN 1 YEAR. 2. If the assignment is grossly inequitable. 3. Assignment was made under mistake of facts owing to mis representation of facts. 4. Procedure irregularity. Issuing authority or his superior can cancel. Assignee is not eligible for compensation for improvements. Assignee should be heard. Pattayam issued to a landless person with income less than Rs 10000 cannot be cancelled.
BAR OF SUITS. No suit against the Government shall not be entertained in any Civil Court in respect of any order passed under this Act, except on the ground that: The order is breach of any completed agreement to sign, or The land in respect of which such order has been passed is not a Govt. land.
LEASE PURPOSES -1964 rules-Rule 13
a)
b)
.
Agricultural purposes for SC/ST families and land less and indigent families belong to other communities For beneficial enjoyment ( lease terminates when original land is alienated)
c)
For schemes approved by Govt.
d)
For agricultural purposes to Co-operative Societies
e)
For putting up pandals or sheds for conferences, fairs, festivals and marriages and for entertainments like Cinema, Circus, Drama and Exhibitions
LEASE PURPOSES -1964 rules-Rule 13 f. .f Lease or licenses of land for purposes like
.
1. Retting of coconut husks 2. Stocking of materials 3. Play grounds 4. Laying of pipe lines 5. Putting up drainage coverings and construction of steps on road margin 6. Putting up shops 7. Constructions of Petrol bunks 8. Such other purposes as decided by Govt. Lands within port limits for marine and non-marine purposes: Lands within port limit shall be leased out or licenced for marine purposes by Port Dept. in consultation with Rev. Dept. and for non marine purposes by Revenue Dept. in consultation with Port Dept. Rule 13A
1995 rules Rule 12.
LEASE-1964 rules-Rule 13 Agrl. Purpose
Tahsildar
2 years
3 acres
Beneficial enjoyment
Tahsildar
2 years
50 cents
Scheme appd. By Govt.
Tahr.
5 yrs
RDO
10 yrs
5 acres 10 acres
D.C 20 yrs
20 acres
10 yrs
3 acres
Agri. to Co-op Societies Tahr
RDO D.C
10 yrs 20 yrs
10 acres 20 acres
Purposes under (e) &(f) as specified by Govt. time to time Conducting Cinema
Govt.
Maximum Period of lease for commercial purpose ------10 years. Maximum period for lease (Schools, Hospitals etc)……….30 years. Lease rent should be paid in advance….
LEASE-1995 rules Rule 12-Appeal Rule 18..
Against the orders passed by D.C
-
CLR
Against the orders passed by CLR - Govt. Recovery of amount under R R Act 6% intersest for assignment arrears. 12% interest for lease arrears.
Rule 20
LEASE-1964 rules-Rule 13. Application Publication of notice Objection, if any,
in form Appx. IV
Rule 16(1)
form Appx. V
Rule 16(2)&(3)
with in 15 days
Rule 16(3)
Enquiry
Rule 16(5)
Rental for trees
Rule 17
Rent to be charged
Rule 18
(Rate fixed as per GO(MS) 1026/1985/RD. dated: 19-12-1985) Leasing or Licensing of Govt. office compound Rule 19 Proportionate rental to be collected
Rule 20
Maximum Period of lease for commercial purpose ------10 years. Maximum period for lease (Schools, Hospitals etc)……….30 years.
LEASE-1995 rules Rule 12.
Application
in form 5 Rule 12 (1)(a)
No application shall be entertained unless arrears of rent or prohibitory assessment are cleared Lease period shall not exceed 3 years, and shall be renewed on application Order of lease or licence
fresh order
form 6
Renewal order form 7
LEASE-1995 rules Rule 12.
Annual lease rent shall be based on the market value of the land
Rule 12(5)
Lease rent shall be revised at intervals of every three years Lands held under lease shall not be alienable Preservation of trees Extension of lease
Rule 14 Rule 15 Rule 16
Resumption of land on violation of condition Rule 17
Conditions….
Assigned land should be used only for the purpose within one year.
Leased lands should be used only for the purpose within 6 months.
If the leased land is necessary for a public purpose lease can be cancelled by giving 60days notice. But 15 days notice is enough if the lease conditions are violated.
Lease amount should be remited in advance before 30th April every year.
Acts – crucial dates… . 1.
1 Land Assignment Act-
01-08-1971
2. KLR Act-
01-01-1970
3. Vanavakasa niyamam-
01-01 -1977
4. Kaivasa rekha-
01-01-1992
PROHIBITION FOR ALIENATION. 1. Land Tribunal-
Any time.
2. Michabhoomi(KLR)
20 years.
3. LA ACT(occupied Land)
Any time.
4. LA Act(un occupied)
25 years.
5. Vanavakasa niyamam
Any time.
6. OLH scheme
25 years.
9/44 Rivers in Kerala are de vested with Revenue department..…….
Bharathapuzha
Pumba
Chandragiri
Periyar
Kallada
Karamana.
Chaliyar.
Vamanapuram
Meenachil
.
Assignment in trouble….. .
.
Wrong assignee…
Prohibited Land ….
Wrong authority..
Procedural irregularity.
Exceeded the limit.
Assignee violated the conditions
Pattayam/Lease order cannot be cancelled without giving and an opportunity of being heard.
Issues……..iii .
Assignment of unsuitable . land. Lack of proper designing.
Delay….when pattayam issued land cannot be handed over as the land is un identifiable or under new encroachment.
No measures for the proper storage of assignment records.
Issues……..iii
Premature disposal of Land.
. Conditions of issue of patta is seen . violated.
After receiving pattayam assignee abandon or transfer the land and encroach a better place in the puramboke and keep the pattayam as evidence of title in the encroached land.
Pattadar keep the pattayam without effecting TR. The land still remain as puramboke in the village registers.
Pattadar approach the VO/Tahr after decades to issue Copy of pattayam…but no records are available.
Issue of Group pattayams without planning and preparation.
What can we do……..imagine,innnovate,inspire.
Communication is the key…
Inter personal relationships.
Proper maintenance of registers.
Proper stock file.
Pattayam -Sketch- mahazar- tax reciept .
Purpose- aadhar-Thandaper No & GPS co ordinates in the pattayam.
Triple level Inspection of assigned/leased lands.
.
.
What can we do……..imagine,innnovate,inspire. “The Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 ലല section 6 – Rightof the owners to cut and remove trees – (1) Not-withstanding anything contained in . . any otherlaw for the time being in force, every owner of non-forest land shall have the right to cut and transport any tree, other than sandalwood tree,standing on his land: Provided that the provisionunder this sub-section shall not apply to trees, ifany, reserved by the Government at the time ofassignment of such land or trees standing on anyland notified under section 5 of the KeralaPreservation of Trees Act, 1986 (36 of Act1986):” ഇ തത പത ര കക രര സ൪ കത രര കകലലയത കത കതനരകത പത ഷരത മക കത യര കര ടത ടട ളത ളമ രര മട റര യത കത കക ൻ പ ടത ടക ദക റര നട അ വ കക ശര ഇ ലതല .
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The best investment on Earth is earth. – Louis Glickman .
T. JAMES JOSEPH MOB -9447464502 .