കേരളത്തിലെ ഭൂമി പതിവ് നിയമങ്ങൾ - Land assignment in Kerala - Kerala Land Assignment Act PPT uploaded by T James Joseph Adhikarathil Kottayam

1. T. James Joseph
LAND ASSIGNMENT IN KERALA
BHOOMI PATHIVU NADAPADIKAL
JAMES JOSEPH KOTTAYAM

2. 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.

3. 2 Types of Land.
 Assessed land.
 Government Land.
 If assessed land is abandoned,
surrendered,
Or acquired
It can become Government Land.
S.3(2) No government Land may be assigned without consulting the
LSG.
When government land is likely to be needed for a public purpose,
authorities to be desist from assigning such land only to acquire the
same later.
Acquired land – balance area cannot be assigned or reconveyed to
the owner years later-Should be sold in Public auction.

4. ASSIGNMENT OF LAND IN KERALA IS GOVERNED BY
THE KERALA GOVERNMENT
LAND ASSIGNMENT ACT,
1960
AND RULES MADE THERE UNDER

5. 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.

6. UN ASSIGNABLE LANDS …1964 rules
.
 1. Lands situated within the limits of Municipal
Corporation areas under these Rules
 2. Lands for the specific purpose of cultivating Tea,
Coffee, Rubber, Cinchona, Cardamom
 3. Lands held under special tenure like Kandukrishi,
Viruthi etc.
 4. Lands stands transferred and vested with Panchayats
etc.(Panchayath Raj Act s.169&218).
 5. Land to be reserved for public purpose- section 11(2)--
10 items( original poromboke)-land contain minerals &
quarries.Land acquired but not required etc.

7. Land vested with LSG..
Panchayath raj Act 1994 .
Section.169 Section .218
Roads. Bridges. Dams
Surrounding fences
and poromboke
Rivers, Canals, Lakes,
warerways, water sources and
surrounding poromboke.
Permission from LSG is required in LA cases.

8. 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 them-
Assignable extent-Land occupied by all members of the family both
collectively and individually will taken in to account.

9. Priority for Assignment
Occupied before (01-08-1971)
1. Land less persons whose annual family
income below Rs.30000
2. No income limit for SC/ST family and the
assignment is FREE.
3. The land is heritable and alienable.
.

10. Assignment- 5 preferences…1964 rules
.
1. Land less family whose income does not exceed Rs.75000.
2. Persons disabled while in active military service or dependants of
who are killed or disabled in active military service
3. Small holders who have not been able to resume their lands whose
annual family income does not exceeds Rs.30000
4. Serving military personnel having service not less than 3 years and
who are decorated with gallantry award or their dependants who do
not own or hold any land. In the absence of such applicants, other
serving personnel with service not less than 10 years and who do not
own or hold any land
5..Persons whose annual family income does not exceeds
Rs. 30000 and total extent of land owned is less than the maximum
limit.

11. 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
committeeTahsildar.
.

12. 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.

13. Assignable extent…….
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- possessed Nilam/Plain
4 Acre- Possessed hilly
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.

14. 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

15. 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.

16. 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.

17. 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.
.

18. Nine stages …………….
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)

19. Mahazar/Report should be S-M-A-R-T
Proof of possession
 Created boundaries.
 Erected buildings…
 Developed the land…
 Cultivated.
 Measurement of land
should be in metric
system.
Tabular form
Tharka
.

20. Nine Stages ………..
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)…. ii. Taluk office-NB
(Keep published copy in the file) 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

21. Payment of land value and other dues.
.
 A.O------ dues should be remitted within 3months
 Poor landless-2 years
 4 instalments.
 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 5 years .
 6% interest should be realised (12 % for lease).
.

22. 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.

23. 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

24. 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.

25. ISSUE OF PATTAYAM-
The 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.

26. 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.
.

27. 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.
.

28. 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.

29. 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.

30. LEASE PURPOSES -1964 rules-Rule 13
a) Agricultural purposes for SC/ST families and land less
and indigent families belong to
other communities
b) 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.

31. 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
.

32. LEASE-1964 rules-Rule 13 1995 rules Rule 12.
Agrl. Purpose Tahsildar 2 years 3 acres
Beneficial enjoyment Tahsildar 2 years 50 cents
Scheme appd. By Govt. Tahr. 5 yrs 5 acres
RDO 10 yrs 10 acres
D.C 20 yrs 20 acres
Agri. to Co-op Societies Tahr 10 yrs 3 acres
RDO 10 yrs 10 acres
D.C 20 yrs 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….

33. 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 Rule 20
6% intersest for assignment arrears.
12% interest for lease arrears.

34. LEASE-1964 rules-Rule 13.
Application in form Appx. IV Rule 16(1)
Publication of notice form Appx. V Rule 16(2)&(3)
Objection, if any, 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.

35. 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

36. 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 Rule 14
Preservation of trees Rule 15
Extension of lease Rule 16
Resumption of land on violation of condition Rule 17

37. 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.

38. 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

39. 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.

40. 9/44 Rivers in Kerala are de vested
with Revenue department..…….
.
 Bharathapuzha
 Pumba
 Chandragiri
 Periyar
 Kallada
 Karamana.
 Chaliyar.
 Vamanapuram
 Meenachil

41. 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.

42. 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.
.

43. 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.
.

44. 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.
.

56. THANK YOU