“THE KERALA LAND ASSIGNMENT RULES, 1964 sen FO: No. 71/64.— In exercise of the Powers conferred by Section 7 of the Kerala Land int Act, 1980 (Act 30 of 1960), and in Pupsrsession of the rules for assignment of under notifi lent lands issued notifications | arid Il GO. (Press) No. 102a/Rev. dated 18/0/1958 inthe Kerala Gazette Extra Ordinary No, 107 a8 subsequently amended, the Government Hereby make the following Flules for the ass ‘gnment of Government lands, namaty.— GENERAL PROVISIONS Short title and ‘commencement,— (a) These rules shall be called “the Kerala Land it Rules, 1964”. (0) They shall come into force at once. 1A. Exemptions.— Rules of 1947 whether already made or to be made in respect of lands reserved for allotment under such rules: Goverment lands held under special tenures like Kandukrishi, Government land held under any special Agreement with the Government; 'vomment lands which stand, transforred 8 and vested in the Panchayats under the Kerala Panchayats Act, 1960 (32 of 1960)}, 2 Definitions.— in these rules, unt {8) "Alienation" includes sale, git Viruthi, ote; (b). “Assignee” means a person ta whor *We)__ “Assignment” means way of registry and includes a lease and a | Brant of licence for the use of the lanch, Eneroachment not considered objectionable Means encroachment on Goverment land, which i avallabte for assignment, by a Person or a family eligible to get land, ‘on registry under these rules} ‘Beneficial enjoyment” means the enjoyment of land for purposes ike providing approach road io the assignee's ragisiered Holding and protection i his watercourse, standing crops. and buildings), , “Family” includes a person, hi Gependent on them and also t transter of land by is wife or her husband, their children living with or he parents who are solely dependent on such Person. . 06/1966, published in K, @ No, 22 dt. 3108/1966 We. 0.(P) 66767RD ek. Bot2/i967 pubisedin Ks Ext. No. 244 01, 30/12/1967, tothe substitution (othncecgrae erated! anjorment means he enoyratctlonater ae oe ing approach oad to the assignee's regisléted holding, protection of his watercourse, standing crops buildings and any other purpose which the competont authority may decise as prewidedih in222 KERALALAND ASSIGNMENT RULES, 1964 RS (e) “Government lands” shall, for purposes of these rules, consist of lands belonging to Government and available for assignment as per lists prepared by the Revenue Department and approved by the competent authority under these rules and such other lands as may be set apart for purposes of these rules. {{(f) “Hold” with its grammatical variations means to actually possess land]. 1[(g) “Scheduled Castes and Scheduled Tribes" means the Scheduled Castes and ‘Scheduled Tribes referred to in clauses (24) and (25) of Article 266 of the Constitution of India, and shall include converts to other religions from Scheduled Castes as well]. (bh). “Tahsildar’ means the Tahsildar in charge of a Taluk and includes a Special Tahsildar employed specially for land assignment work. ()) “Vilage Officer includes Village Assistant. 3. Assignment to be without auction.— Assignment of land under these rules shall be without auction. REGISTRY OF LAND 4. Purposes for which land may be assigned.— Government lands may be assigned on registry for purposes of personal cultivation, house-sites. and beneficial enjoyment of adjourning registered holdings. '{S. Maximum limit to be assigned for cultivation.— (1) The extent of land that shall be registered in favour of a single family for personal cultivation by members of the family shall not ordinarily exceed— 10, n. {(a) in the case of unoccupied lands, nor more than fifty cents of land, whether wet or ary, in the plains and not more than one acre of wet or dry lands in hilly tracts] "{(b) in the case of lands held on lease, whether current or time expired or by way of @neroachment not considered objectionable, the lessee or tha encroacher as the case may be will, be eligible for assignment of nat more than 50 cents of land, whether wet or dry, in the plains, and one acre of land, whether wet of dry in hilly tracts. Land, if any, held in excess of this area shall be surrendered to Government and no compensation shall be payable for the lands so surrendered.) "hoe xd ‘Substituted by Notification No. G.0.(P) 285/66/RD at. 17/06/1966, published in K.G No. 22 ¢t. 31/05/1966. Prior tothe substitution it ead.as:"(f) “Hold” witits grammatical variations means to possess land’. Subsftuted by Notification No. G O.(P) 28S/86/RD a, 17/05/1966, published in KG No. 22 ot. 31/05/1966. Prior tothe substitution itread as: “(g) “Scheduled Castes and Scheduled Tribes" means the Scheduled Castes and Scheduled Tribes reterrad to in clauses (24) and (25) of Article 366 of the Constitution of India, and shallinclude ‘converts to Chvistianity rom such Scheduled Castes and Scheduled Tribes". ‘Substituted by Notification No. G 0. (P) 285/68/RD ct. 17/05/1966, publishedin K. G. No. 22 di.91/05/1968. ‘Substituted by Notification No. GO: (P) 63/2005/RD. dt. 03/03/2005, published as SRO. No, 545/2005in K.G Ext. No. 1204 ett. 27/05/2005, Prior to the substitution it readas: “(@) in the case of unoccupied lands, not more than one acre of land whether wat or dry, in the plains and not mora than one acre of wat land oF three acres of dry land in hilly tracts," Substituted by Notification No. GO. (P)63/2005/RD. dt. 09/03/2005, published as SRO. No. 545/205 in K.G Ext. No. 1204 dt. 27/05/2005. Prior to the substitution it read inthe case of lands held on lease whether current ortime expired or by way of encroachment not considered objectionable, — {()_ Where there are no valuable improvements effected on the land by the oocupant . not more than one acre ofland, whether wet or dy, fe plas artratmoretnan one aro ct wot land orthree acres of dryland in hilly tracts; . (0) where there are vaiuabie improvements effected on the land by the obcupant, not more than two acres of ‘._ landwet or dry in the plains andinot more than two acres of wet land of four acres of dry land in hilly tracts.” Deloted by Notl. No. GO. (P) 63/2005/AD. ct. 02/03/2005, published as SAO. No, 545/2005 In K.G Ext. No, 1204 dt. 27/05/2005. Prior to the deletion itread as: “Note.— In the case of occupied lands andlands held on tease, whather current or time expired, or by way of encroachment not considered objectionable, where the ‘eccupant has not effected valuable improvements on the lands, one acre of wet iand in the plains shall be deemed to be equivalent to one acre ol dry land, and one acre of wet land in the hilly tracts shall be deemed to be equivalent to three acros of dry lands; and in the case of lands held on lease whether current or ime expired or by way of encroachments not considered objectionable where the occupant has effected valuable improvements on the lands, one acre of wet land inthe piains shall be deemed to be equivalent ta one acre of dryland and one acre of wetland in the hilly tracts shall be deemed tobe equivalent to two acres of dry land.”RS REGISTRY OF LAND 223 (2). When family owns or holds any land over which it has proprietary right or has security oftenure, only the balance of extentof Government land necessary to'make up the extent admissible under sub-rule (1) shail-be granted to it on registry. Explanation — For the purposes of this rule— (i) the following Taluks and Villages shall be treated as hilly tracts— "Hla) tb) “I(c) () (e) “qt, (9) “(hy Poonjar and Melukavu Villages in Meenachil Taluk; Erumely, Kanjirappally, Mundakkayam and Manimala Villages in Kanjirappally Taluk; Vellavur Village in ‘Changanachery Taluk and the Devicolam, Peermade and Udumbanchola Taluks in the District of Kottayam]. Agali, Pudur and Sholayar villages in Attapady Valley in Perinthalmanna Taluk; Nenmara, Vallanghy, Pothundy, Ayilur, Kairadi and Thiruvazhiyad villages in Chittur Taluk in the District of Palaghat. ‘Varavoor, Pilakad, Mullurkara, Attur, Nedumpura, Cheruthuruthi, Desamangalam, Pullur, Panjal, Painkulam, Kanjirakode, Kumaranellur, Enkakkad, Karumathara, Virupakka, Thekkumkara, Manalithara, Paralikkad, Wadakkanchery, Venganellur, Kilimangalam, Chiramannangad, Vallarakkad, Kadangode, Peringannur, Minalur, Puthuruthi, Mundathicode, Eyyal, Vellattanjur, Chiranellur, Trichur, Arangottukara, Thalassery, Kottapuram, Chitanda, Velur, Thayyur, Kiralur, Kariyannur, Nelluvaya, Thonnurkara, Pulacode, Chelakkara, Kurumala, Pangarappilly, Kondazhi, Mayyannur, Elanad, Vennur, Pazhayannur, Vadakkethara, Chelacode, Thiruvilwamala, Kanearcode and Pampadi villages in Talappilly Taluk; Murinjur Thekkumuri, Murinjur Kizhakkumuri, Melur, Pariyaram, Elinjipara, Kodakara, Kodassery, Varandarappilly, Mupilayam, Nandipulam, Matathur, Amballur, Kallur and Thrikkur Villages in Mukundapuram Taluk; Pananchery, Vellanikkara, Madakkathara, Nettissery, Ollukara, Kozhukully, Viyur, Vilavattom, Kurichikkara, Killannur, Kolazhy, Kainur, Mulayam, Puthur and Mannamagalam villages in Trichur Taluk in the District of Trichur. * ‘The entire South Wynad Taluk in the District of Kozhikode. Anikad, Kottangal, Perumpatty villages in Thiruvella Taluk in the District of Alleppey). The entire North Wynad Taluk, Bayar, Kadamerkala, Kumbadaje, Ubrangala, Nettanije. Belluru, Bedadka, Bendadka, Adoor, Delampady, Abhur, Karbka, Muliyar, Kuttikode, Kolathur, Vorkady, Heroor, Paivalike, Chippar, Pathur, Kadlamogru, Talakala, Meenja, Kuloor, Mugu, Angadimogru, Badoor, Maire, Enmakaje, Padre, Kattukkukke, Bela and Pordal villages in Kasargoda Taluk; Panathady, West Eleri, Meloth, East Eleri, Kinanur, Kamidalam, Beloor, Kayyur, Kilaikode and Thimiri villages in Hosdurg Taluk; Eravessi, Thedikadavu, Neduvil, Padiyoor, Kalliyad and Vayakkara Villages in Tafiparamba Taluk in the District of Cannanore]. , Kunnathukal A and B and Ottasekharamangalam A and B Villages in Neyyattinkara Taluk, Palode B, Aryanad B and Mannoorkara Villages in Nedumangad Taluk in District of Trivandrum]. Perinad, Chethakkal, Konni, Vadasserikara, Malayalapuzha, Konnithazham and Iravon Villages in Pathanamthitta Taluk; Chithra and Ittava Villages in Kottarakara Taluk; Piravathoor, Edamon, Ariancavu, Kulathupuzha, Yeroor and Alayamon lages in Pathanapuram Taluk and Koodal, Kedumon and Enadimangalam villages in Kunnathur Taluk in the District of Quilon]. 42, Substituted by S, RO. No. 424/68 dt. 12/12/1968, published inK, G Ext. No. 279. 17/12/1968. 48, Inserted by Notification No. G O. (P) 338/68/RD dt, 24/06/1968, piblished in K. G Ext. No. 141 dt. 25/06/1968. ‘4, Substituted by S, R. O. No, 171/70 dt. 17/04/1970, published ink. G Ext. No. 132dt. 20/04/1870. 16. Substituted by S. R. O. No. 103169 ct. 01/03/1969, published inK. G Ext. No. 68 dt. 07/03/1969.224 KERALA LAND ASSIGNMENT RULES, 1964 R6 14@) Kurimannur, Kodikulam-and Kanni Elam tract villages in ‘Thodupuzha Taluk; Kuttamangalam, Keerampara, Kottappady and Kadavoor Villages in Muvattupuzha Taluk; Vengoor East village in Kunnathunad Taluk: Manjapara and Malayattur Villages in Alwaye Taluk in the District of Ernakulam). “Valuable improvements” shall mean improvements by cultivation of tea, coffee, rubber, cardamom, arecanut, pepper or coconut or by way of construction of contour bunds or Kayal bunds or by way of construction of buildings. (ii) for the purpose of calculating the extent of land that may be assigned to a family, the total extent of land possessed or held with proprietary right or fixity of tenure by the head of the family and also the members of the family both individually and collectively ‘hall be taken into account. Assignment rade in favour of a family under these rules shall, for the purpose of calculating the maximum extent that may be so assigned, include assignment made to members of the family both individually and collectively, the total extent so assigned not exceeding the maximum area that may be assigned to that family. The area under encroachment by a member of a family shall for the purpose of these rules, be deemed as the area under encroachment by the family). &{ Assignment for house site and for beneficial enjoyment.— (1) The extent of Government land that shall be registered in favour of a family as house site shall not exceed ‘offteen cents (6.072 ares). The assignee shall be liable to pay land value for house sites at the rate of “[Fis.200 per cent]. (2) The extent of Government land that may be granted on registry when the care ft indispensably required for the beneficial enjoyment of adjoining registered holdings {shall not exceed, in the case of ane registered holding *'[fiteen cents (6.072 ares)]. ‘3|Note.— (1) The authority competent to assign land for beneficial enjoyment shall be the Revenue Divisional Officer. He may pass order of assignment in such cases only after personally satistying himsett that the land is absolutely necessary for that purpose]. 2x x x x] 2#[(9) An assignment under sub-rule (2) shall be subject to the payment of market value ofthe land at the time of assignment and survey and demarcation charges at the rates specified in sub- rule (4) of Rule 10 excluding the value of improvements, if any, made by the occupants on the tang]. 16. Inserted by S. R.O. No. 424/68 dt. 12/12/1968, published in K. G. Ext. No. ‘279dt. 17/12/1968. 1S eer by Notfcation No. G-O.(P) SS@IGA/HD @, 2406/1968, published ink. G. Ext No 141 2306 NS Fe ae ed by Notilication No, GO. (P)62/2006/RD. et. 02/03/2005, published as SRO. No. 545/2005in K.G Ext. No. 1204 dt. 27/05/2008, tor “twenty tive cents (10.ares) 19, ‘Sabcitted by Notification No.G.0. () 63/20087RD. at. 03/03/2005, published aa SRO. No, 648/2005 n K.G Ext. No. 1204 at, 27/05/2008, for “Rs 200 per acre (40.47 ares)” 20. Sibtited by Noticalion No. GO. (P) 687/67/RD ck. 90/12/1967, publishedinK. G Ext. No. 244 ot. 90/12/1967, for "shall not exceed in each case twenty-five cents”. or. eitanituted by Notification No. G.O.(P) 63/2005/AD. ct. 02/03/2005, published as SRO. No. 645/2005 in 1G. Ext. No. 1204 dt. 27/05/2005, for “twenty-five cents (10.12.ares)” ao. ‘KGed ty Notitcalion No.6. ©. (P) 531/68/Fiev. et. 2810/1986, published ink G. No, 40ct, 11/10/1968 oe eat gaby Nottication No. GO. (P) B87/67/RD a. 30/12/1967, published inK. G Ext, No, 248 a. 80/121 S87 ission itreas as: (ii) Iti. any case, which does not come under any of the purposes mentionad ‘enjoyment’, ha District Collector on personal inspection considers thatthe lands required tor beneficial enjoyment, he may assign the landin such cases. Sooo ag that no otal exert of land held by the assignee on registry togelher with he extent ofland assigned urd gub-rle (1) ox subrule (2) shallnal exceod the maximum imi prescribed under Rul 6) 24 Suetitated by SR. O. No. THO/7S ot: 24/02/1875, published in K. G Ext, No. 103 ot. 25/02/1975. Prior le ‘substitution itread as under: *(a)An assignment under sub-rule (2) shall be subjectto the payment of {@) market valve of the land assigned and survey and demarcation charges atthe rates specified in sub- rue (of ule 1, whee ne airmen avur person whose an family income exceeds (b) the land value, tree value and survey and demarcation charges at the rates prescribed by or under Rule 10, where the assignment is in favour of a person whose annual family income does not exceed Res, 3,000." —————————————<—<—<_<— S=~S—Ss—srsr-S—(—e”t—iSYRZ REGISTRY OF LAND 225 (7. Priority to be observed in assignment.— (1) Where any person is in occupation of Government lands under lease, whether current or time expired, or by way of encroachment not ‘tonsidered objectionable *{such land if such. occupation is before the Ist day of August, 1971 “shall be assigned to him on registry:} [Provided that the total extent of land, if any, owned or held by him in proprietary right or “With security of tenure is less than the limits laid down in sub-rule (1) of rule 5 or the annual family “income from sources other than the Government land held by him is below Rs.30,000; Provided further that, in the case of any land set apart for assignment on registry to the members of Scheduled Caste/Scheduled Tribe and subsequently encroached upon by those ns who are landless and eligible for assignment of land under these Rules, such land may be ‘@signed to such encroachers, only after setting apart equal extent of other suitable unoccupied 4#€a for the members of Scheduled Caste/Scheduled Tribe Community; ___ Provided also that, in the case of landless Scheduled Caste and Scheduled Tribe families Income limit mentioned in the first proviso shall not be applicable.) ___ (2) Inthe case of unoccupied lands, the following order of preference shall be observed in ‘ganting ragistry:— 4 (i) First Preference.— for persons who do not own or hold any land either in proprietary right or with Security of tenure and whose annual family income does not exceed Rs.*[30,000}: Provided that in assigning lands under this clause *(ten per cent of the area shall be to Ex-servicemen and] not less than twenty five per cent of the area shall be assigned to members of the Scheduled Castes and Scheduled Tribes subject to availability of applicants. Explanation.— For the purposes of this clause, a Kudikidappukaran or the holder of a iyiruppu shall be deemed to be a person who does not own or hold any land; (ii) Second preference.— for persons who do not own ot hold any land either in Proprietary right or with security of tenure who are disabled while in active military service or who are dependents of those who are Killed or disabled while in active military service; (iil), Third Preference.— for small holders who have not been able to resume their lands due to expiry of the time for applying for resumption and whose annual family income does not exceed As.™(30,000). Explanation.— For the purposes of this clause, “small holder’ means a small holder as in the Kerala Land Reforms Act, 1963 (1 of 1964); (iv) Fourth Preference.— for serving military personnel with an approved service of not less than three years and who are decorated for gallantry or their dependents ‘who do not own or hold any land either in proprietary right or with security of tenur {Provided that in the absenos of applications from such military personnels as atoresaid, applications of other serving Military personnel with an approved service of not less than 10 and who do not own or hold any land either in propriety right or with security of tenure shall considered]. (v) Fifth Preference.— for persons. whose annual {amily income does not exceed Substituted by Notifeation No: G.O. (P) 687/67/RD ch. 30/12/1967, publishedin K. G Ext. No. 244 at, so/12/1967. Substituted by S. RO. No. 284/71 dt 09/08/1871, publishedin K.G Ext. No. 346 dt. 06/08/1971, for"such lands ‘hall be assigned to him on registry’. ‘Substituted by Nati, No. GQ. (P) 62/2005/RD. di. 03/04/2005, published as SRO. No. 545/2005 in K.G Ext. No. 1204 dt 27/05/2008. Prior tothe substitution it read as: ‘Provided that the total extant of land, ifany, owned orheid by him In proprietary right or with security of tenure is less than the limits laid down in sub-rule (1) of Rule ~ Sor the annual family income from sources other than the Government lands held by him is below Rs, 10,000:" ‘Substituted by Notification No. G.0. (P) 63/200S/RD. di. 03/03/2005, published as SRO. No. 545/2008 in KG Ext, No. 1204 dt. 27/05/2008, for"10,000" Inserled by S.F.O. No. 79/72 at. 14/02/1972, publishedin K,G Ext. No, 109 at. 15/02/1972, Added by Notification No. GO. (P) 63/2005/RD. dt, 03/02/2005, published as SRO. No, 548/200 in K.G. Ext. No. 1204 di.27/05/2005.226 KERALA LAND ASSIGNMENT RULES, 1964 R.7A Fis.™[30,000] and the total extent of the lands owned or held by them either in proprietary right or with security of tenure is less than the extent prescribed in these rules. (3)_No registry shall be granted to any family in occupation of Government land either under a lease, current or time expired or by way of encroachment, unless it surrenders 10 Government, without claiming any compensation, the land in excess of the extent proposed to be registered in its favour. If there Is excess land, in its possession and if is not ‘willing to surrender the excess land eviction will be resorted to. Case Law Po on of another plece of land is. no grour re he grant of patta: When once registry is granied, the same can be cancelled only under F.8(3). Government can assign the lands in favour of any person i the conditions in the rules are satisfied. Lathaet v, Stato of Kerala — 1999 (2) KLT 285. (7A. Preference to Kumkidars.— (1) Preference shall be given to the former Kumkidars (who had applied for assignment before ‘the 6th December, 1968] in the matter of assignment of Kumki lands upto a limit of two chains (40.234 metres) from the warg land but subject to the ailing prescribed in the Kerala Land Reforms Act, 1963 (Act 1 of 1964). (2) If the source of water supply to the warg land lies beyond the two chains (40.234 metres) limit, a plot including the water source and sufficient to enjoy the Irrigation facilities shall bbe assigned even if it be beyond the limit of two chains (40.235 metres) mentioned in sub-rule (1). (3) The assignment shail be subject to the payment of land value as prescribed inthese rules. (4) Tree value, except for Sandalwood, shall not be collected from the kumkidars. 4{(5) The cultivating tenants of the former Kumkidars who could not apply for the ‘assignment of Kumkilands may apply for the assignment of tha same within three months from the date of order of the Land ‘Tribunal declaring them eligible for the purchase of the tenancy right in respect of the warg land under the Kerala Land Reforms Act, 1963 (1 of 1969). Note. The concession provided for in sub-rules (1) to (5) shall apply to the legal heirs of the Kumkidars algo provided the original Kumkidars had applied for the assignment of the land in question within the period mentioned in sub-rule (1). 46) Persons who have purchased warg lands from Kumkidars who had applied for assignment before the 6th December, 1968 will also be eligible for assignment under these rules. subject to the condition that land value at market rate prevailing at the time of assignment shall be payable by such assignees. Note. Market value at the prevailing rate shall be exclusive of the Improvements, if any, made by the occupants of the land]. it of kumki right In favour the 6 10 the benefit of the other ‘eshava Bhat v. Krishna Bhat — 2000 (3) KLT SN 80. ‘Kumkidars have preferential claim for assignment; Nature ‘of kumki rights. Rights cannot be tarvmney ‘and assigned to third parfies. Govinda Batta v. Shankaranarayana Bhatia — 1990 (1) KLT ‘8. Conditions of assignment on registry.— ™|{1) Lands, granted on registry shell be heritable and alienable.] (1) Notwithstanding anything contained in sub-rule (1), unoccupied lands assigned on ‘registry shall not be alienable for a period of three years from the date of registry: members al 31. Substituted for "10,000" by Notification No. GO. (F) 63/2005/RD. dt. 0/08/2005, published as SRO.No- ‘545/205 In K.G. Ext. Na. 1204 dt. 27/05/2005. 432. Inserted by Nolfication No. G. ©. (P) 352) 68/Rev. dt. 24/06/1968, publshedin K.G. No. 27-dl 05/07/1966. 33. inserted by S. RO. No. 844/79. 11/07/1979, publishedin K. G. No. 31 et. 31/07/1979. 34, Substitutedby S.A. 0. No. 644/79 dt. 11/07/1979, published in K. G No. 31 dt. 31/07/1979. Prior to substitution (6) The former Kumkidars may apply tothe Tahsildar or the District Collector concemed forthe assignmet ofthe Kumit lands within six months from the date of publication of these rules.in the Gazette, filing which such {anus may be assigned in favour of other applicants any, onthe expiry ofthe period of six months fixed in 77/69 at. 21/11/1969, published in K. G Ext. No. 281 dt. 22/11/1968, Inserted by: 284/71 at, 03/08/1971, published ink. G 246 ct, 06/08/97" ae eeRo REGISTRY OF LAND. 227 Provided that the assignee may morigage such lands— *[(a) to the Government or Co-operative institutions or the Tea Board or the Rubber Board\, or any other financial institution recognised by the Government in this behalf, as \ Security for obtaining loans for agricultural or land improvement purposes or for growing tea or rubber, and] (b) to the Government or Co-operative Institutions as security for obtaining loans for house construction under the Village Housing Project Scheme or any other housing ‘schemes sponsored by the Goverment, if such house is required for the occupation of the assignee or his family]. (2) The assignee or a member of his family or his successor-in-interest shall reside in the landif itis granted as house site, or shall Personally cultivate the same if itis granted for cultivation; 4nd such residence or cultivation, as the case may be, shall commence effectively within a period one year, from the date of receipt of the patta or of the provisional patia in cases where a Provisional patta is issued in the first instance: Provided that— (i) In the cases of assignment to military personnel or their dependents as the case. may be, the assignee may cultivate the land by his own labour or by the labour of ‘any member of his family and with the occasional assistance, if any, of hired labour or Servants on wages payable in cash of in kind but not in crop share; (i) the military personne! may apply for land anywhere in the State irrespective of the State to which they belong; and in the matter of assignment preference shall be given to persons belong to Kerala; (iii) the military personne! may lease for cultivation purposes the lands assigned to them whilst they are away on active service. (3)_The registry shall be liable to be cancelied for contravention of the provisions in *[sub- fis (1A) or sub-rule (2)}. The registry may be cancelled also, if it is found that it was grossly “Mequitable or was made under a mistake of facts or owing to misrepresentation of facts or in excess “ihe limits of the powers delegated to the assigning authority or that there was an irregularity in procedure. In the event of cancellation of the registry, the assignee shall not be entitled to pensation for any improvements he may have made on the land. The authority competent to such cancellation shall be the authority which granted the registry, or one superior to it: Provided that no registry of land shall be cancelled without giving the party or parties affected j, a reasonable opportunity of being heard: “*[Provided further that no assignment of Land shall be cancelled if the annual family income “tthe transferee occupant does not exceed As. 10,000 (Rupees ten thousand only) and who does /fetown or possess any landed property, anywhere in the State: "Provided also that in the case of a transfer of Land covered by the above proviso the assignee fall not be eligible for further assignment of Land anywhere in the State}. Case Law ‘Superior authority: “superior authority “includes Government. N. Raman Pillai v. Slate of Kerala Others — 1976 KLT SN 122. 5 8. Collection of arrears of Government dues and issue of Provisional Patta.— (1) er granting registry shall be issued in the form in Appendix I to these rules. ‘“((2),1n eases where registry is made, patta shall be issued in the form in Appendix II to rules. Where such patta is issued pending survey and demarcation, a note to the effect that @ area noted in the patta is subject to revision after finalisation of the survey and demarcation 1. Substituted by S. P.O. No. 1150/79 dt. 20/0911979, published in K. G. No. 40 dt. 09/10/1979. Prior to substitution itread as under: “(8) 0 the Goverment or Co-operative institutions or the Tea Board or the Rubber Board aé security for Obtaining loans for agricultural land improvement purpose or for growing tea or rubber. and. Substituted by S- R..O. No. 284/71, published in K. G. Ext. No. 346 dt. 06/08/1971, Inserted by Notification G O. (P) No. S6S/89/RG. dt. 19/07/1989, published as S1F1.O. No. 1424/89 in K. G No. 33 df. 15/08/1989, ‘Substituted by S. R, O: No. 41/70 dt. 21/01/1970, published in K, G Ext. No. 94 dt, 21/02/1970.228 KERALALAND ASSIGNMENT RULES, 1964 Ro shall be made in the patta, In such cases, when survey and demarcation is completed, the exact area assigned shall be noted in the paita by the assigning authority). ~[Note.— Apatia issued under this sub-rule shallbe liable 1 stamp duty of appropriate value). af(3) In cases where the land granted on registry is already held by the assignee either under a lease, current or time expired, or by Way of ‘encroachment, not considered objectionable, the arrears of assessment recoverable by the Government (whether by way of land revenue or any tax or fee levied in lieu thereo! including prohibitory ‘assessment and fines, arrears of lease amount er ieence fee outstanding {rom such assignee) shall be limited to the amount of basic tax due on the land “for the period of actual occupation. (4) {The liability for land revenue or any tax OF fee levied in lieu thereot shall arise with cffect from the year of issue of the pattal and any difference 1 the tax consequent on the change aeetant after survey and demarcation, shall be adjusted to the {uiute land revenue or any tax of 1 revied In tieu thereot dua from the assignee, if is in excess of We Jand revenue or any tax oF {ee levied in lieu thereof due from the assignee, er be collected ‘straight way, if itis less than the land revenue of any tax or fee levied in lieu thereof due from Ne assignee. (6) The land revenue or any tax of fee levied in lieu thereot shall be liable to revision. ((6A) In cases where the Kerala Land Development Corporation Limited has executed any development work on the land, the assignee shall be lable (© POY the cost or the proportionate feat as the case may be, with interest thereon to the said Corporation]. (6) The land shall also be subject to all general taxes ‘and local rates payable by law or custom. *[(6A) Notwithstanding the order of registry of any land and the communication of that order to the assignee, the tie to that land shall not pass to the assignee until he remits that land value and tree value payable in respect of that land, the arrears of tax, if any due in respect of the land and other charges due from him). (7). ifthe assignee does not remit land value, trae value and arrears of tax due from him and other charges within three months from the date of sanctioning ine registry, the registry shall be cereelied, the occupants evicted, the land resumed and reassigned © ‘other eligible families. The ‘ipattal for the land shall be issued only after the ‘entire amount is paid within three months: “Ix x x x) ‘afProvided that the Tahsiidar may, in the case of assignees who are landiess and whose annual family incore does not exceed Fs.“[10,000), in his discretion, allow the payment of tand salud, tree value and other dues in haif yearly instalments not, howeVet, exceeding four in number, ta sogh cases pata for the land shall be issued only after the entire amount has been paid by the assignee. If the assignee wants to cut and remove the Irie from the land before the patta Is Granted, the prior permission, in writing of the Tahsidey shall be obtained. The Tahsiidar may. Batore granting permission, direct the assignee to remit the ‘estimated value of the trees sought to be cut and removed}: {Provided further that ifthe occupants had not been evicted, the Revenue Divisional Officer may, at his discretion and in deserving cases condone the delay in payment of land value, tree Waive. arrears of tax and other charges due from the assignee, UpIO & period of one year from the ate of the order sanctioning the registry. In such cases, the assignee shall remit the entire dues ina lump within fifteen days from the date of the orders ‘of the Revenue Divisional Officer. If the ecupants ‘ail to remit the amount within the time s0 allowed, they shall be summarily evicted}: 41, Inserted by S. AO. No. 785/76 ct 40/07/1976, published in K. G No. 31 at. 0308/1976. ‘Substituted by Notification No. G.O. (P) 687/67/AD di 30/12/1967. publishedin KG. Ext. No. 244 ch. 30/12/1967. Sypatituted for the words “Yor the period commencing from 01/04 196 ‘orfor the period af actual occupation ‘whichever is lags” by S.R.O. No. 1141/75 at 01/12/1975, published in K. G Ext. No. 7140. 02/12/1975. "BO. No. 41/70dt. 21/01/1970, publishedin K.G Ext No. 34 dt. 21/02/1970. RO. No, 594/76 dt. 25/05/1876, pubsished in K. G.No. 23 at, 08/06/1976. Inserted by S, R.O. No. 86/70¢. "25902/1970, publishedin K.G Ext, No, 71 ot. 02/03/1970. Gnnlied by §. FO. 120/75qt, 24/02/1975, publshedin K. G. Ext. No. 403.dt, 25/02/1975. Inserted by S.R.O.No. 1141/75.ct, O1/3H1975, published in K. G Ext. No. 714 at. 02/12/1975. ‘Substituted for the figure "2000" by SR. ‘©. No.1142/89 et. 28/06/1989, published in K.G. No-A5/69 dt 14/11/1988. eee uied by &. PO.NNo, 1142/89 dt. 26/06/1989, published in K.G. Ext. No, ‘4B /B9 dt. 14/11/1989. abenaar BBRA0 REGISTRY OF LAND 229 *'{Provided also that the District Collectors and the Board of Revenue shall be competent to ¢ondone delay in payment of land value, tree value, arrears of tax and ‘other charges due from the the date of the order sanctioning registry. In all cases where the delay exceeds “five years] Sanction of Government shall be obtained for condoning the delay). “{Note.— Arrears of assignment dues shall bear interest at “(6 per cent per annum)), 10. Land value and other dues to be paid,— (1) For the assignment of lands under A{clause (i) of the proviso to sub-rule (3) of Fule 5, for the land in excess of the limit specified in Glatse (ii) of the said proviso, the assignee shall be liable to pay— (the value of the land, where the land is held on lease, whether current or time ; and (il) one-and-a half times of the value of the land, where the land is held by way of encroachment. Explanation.— ()) For purpose of this sub-rule “valuo of the land” shall mean the value of the land without improvements. effected by the lessee or the ‘encroacher, as the case may be; (i) in determining the value of the land for the Purposes of this sub-rule, the District Collector shall have due regard to the value of similar lands ‘without improvements situated in similar locality (2) "In cases other than those falling under sub-rule (1), the assignee, on regisiry, shall be Table to pay the land value at the following rates: Dry land “Rs.1000 (Rupees One thousand only) per acre/40.47 ares). Wet land (including lands {Fs.1000 (Rupees One thousand only) reclaimed from rivers, canals, Per acra/40.47 ares), backwaters or the sea) Grass lands including waste “IRs.200 (Rupees two hundred only) lands Per acre/40.47 ares). {)_ The assignee shall also be labia to pay the value of the frees, plants and (vines) if any, ir these rules ‘Standing on the land “fat the time of jauaiment] at such rates as may by order, be specified by Government and subject to the “{(@}__No value shall be charged in raspect of trees the girth of which is 90 cam. or less at breast height]. “(O) Ifthe assignee was already In occupation of the land and he or his predecessor in ‘occupation has planted trees etc. thereon, no tree value shall be charged in respect OF such of those trees ete., planted by him or his predecessor in Occupation as are specified in Part B of Appendix tll to these rules], () I the assignee is not agreeable to } Qcded by Notiication No. G.O. (P) Séo/Revet, 12/10/1966, Published in KG No.41 dt. 18/10/1966, Substitited by S. R. O. No. 281/70 09/07/1870, publshedinit Goes No, 201 at.09/07/1970. Inseriad by S.A.O. 180/75 ot. 24/02/1975, published ink, Ext. No. 103¢t. 25/02/1975, luted for the words “12 percent per annum” by 8. R.O. No. 114/75 dt. 01/42/1978, published in. G Ext No. 714 at. 02/12/1975, PY Notification No. GQ. (P) 285/66/Rev dt 17/05/1986, published in K.G No. 22dt. 31/05/1968, Substituted FESS aE a 50 (Rupees ive hundred only) pr anofan av aresrts hovteeean G0.(P) No, 223/92/RD et. 26/04/1092, published ink. G Ext No, 806 dt. 30/04/1892 as S. A. ©. No, 602/92. i Substituted for the words arid figure “Rs. 100 (Rupees one hundred only) per acre/40.47 ares” by Notification (6.0. (P) No. 22392/AD at. 28/04/1992, published in KG Ent Ne eGo ;230 KERALA LAND ASSIGNMENT RULES, 1964 RAW ©{(4) In cases falling under sub-rule (2) of Rule 9, the cost of-survey and demarcation shall be recovered {ram the assignee at the following rates, namely:— (i). in Taluks where re-survey work has been completed or is in progress, the maximum rate of survey charges per hectare arrived at during re-survey for the area so far completed under re-survey; and (i) inTaluks where re-survey has not been taken up, the maximum rate of survey charges as perre-survey in the nearest Talukiin the District where re-survey has been completed} (6)_No land value, survey and demarcation charges and arrears of assignment shall be recovered from the assignee belonging to the Scheduled Castes or Tribes. Case Law N the tr is that the Government has to decide to sell the tree or not. Held in which case as price. Gopi v. Tahsildar — 2003 KHC 211 : 2003 (1) KLT SN 33 ; 2003 (1) KLJ 24. MACHINERY AND PROCEDURE FOR GRANTING REGISTRY 11. List of assignable land to be prepared.— (1) Before granting registry, Government shall cause to be prepared lists of the lands which should be reserved for Government or public purposes in each village and lists of the lands which may be made available for assignment in each village. (2) Lands to be reserved for Government or public purposes shall include, among others, as may be found necessary; (i) Porambokes as defined in the Kerala Land Conservancy Act, except those which may be assigned without detriment to Government or public interest; (i) Lands required for Government or public purposes, other than those covered by the definition of ‘poramboke' in the Kerala Land Conservancy Act, [(il) Lands required or likely to be required for any settlement scheme or any other scheme sponsered by the Government}; . (lv) Lands likely to be required for the present or future Government or public purposes, x x xx] ®{(v) Lands on the sides of roads required for the widening of roads; lands within port limits or within fifteen links (3.017 metres) on either side of streams; “[x x x x] oF within one chain (20.117 metres) of important irrigation channels without embankments or within twenty links (4.02 metres) of less important irrigation channels without embankments; or within fifteen links (3.017 metres) of irrigation channels with embankments for within one hundred metres of the boundary of railway stations]; or within two hundred yards (183 metres) of the boundary of aeredromes and landing grounds; or land near sea-coast "within 100 feet (30.480 metres) of the high water mark of the sea]. he requirement ignee can pay the ‘60. SubsitutedbyS. RO. No, 792/79 dt. 26/06/1979, published in K. G No. 29.4, 17/07/1979. Prior to substitution it read as: “(4) In cases falling under sub-rute (2) of Rule 9, the cost of survey and demarcation shall be. recovered from the assignee at the following rates:— {a) Survey charges:— Five Rupees per acre/40.47 ares or fraction thereof and Three Rupees ifthe areais less than fifty cents, {b) Demarcation charges:— Three Rupees andfity paise per survey stone (including cost of planting the stone) 61, Substituted by Notiication No. G.©. (P) 687/67/RD at. 30/12/1967, published in K. G. Ext. No. 244 et 30/12/1967. Prior to substitution it read as: “Lands required or likely to be required by local bodies;”. ‘Omitted by Nottication No. G ©. (P) 687/67/RD at. 30/12/1967, published in K. G. Ext. No. 244 ck. 90/12/1967. Prior to the omission ittead as: “Provided that at least 25 percent ol the land available shall be reserved in eath vilage for future Government or public purposes, but where large extents are available, larger areas shal be ‘Substituted by Notification No. G. O. (P)285/66/Rev. dt. 17/05/1966, publishedin K. G No. 22 di, 31/05/1966. ‘Omitted by S. R. O. No. 41/70dt. 21/01/1870, published in K. G. Ext. No. 34 dt. 21/01/1970. Substituted by Notification No. G. 0. (P}687/67/RD ct, 30/12/1967, published in K. G. Ext, No. 244 dt, 30/1211967, for “or within one furlong (201.168 metres) of the boundary of railway stations". ‘Substituted by Notification No. G O. (P)687/67/RD ct. 30/12/1967, published in KG. Ext. No.244 dt. 20/12/1967, for“within one furlong (201.168 metres) of the high water mark of the sea". 8 B B8fBRat MACHINERY AND PROGEDURE FOR GRANTING REGISTRY 231 Note.— Land near sea coast “[within 100 feet (30.480 metres)] of the high water mark of the sea may, however, be temporarily assigned as house sites for fishermen and also for purposes of casvarina ®[x x x x] plantations and erection of fish oil and fish guano factories beyond hundrad yards (91.5 metres) from the high water mark]. (v) Lands required for colonisation purposes; (vi) Lands specially reserved for assignment to backward communities; (vii) Lands containing or believed to contain valuable minerals, quarries etc.; and (ix) Lands acquired for Government purposes but not required for such purposes; "I(x)_ Lands required for libraries and reading rooms} (3) Aiter setting apart the lands required for future Government or public purposes, as slated 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 Tribes [and ten per cent of such land shall be reserved for assignment to Ex-servicemen| Provided that— () if, in any village, the lands available for assignment under these rules are already occupied either under leases (current or time expired) or by way of encroachment and the occupants thereof are entitled to assignment of lands under these rules, only the balance area, if any, that will be available after such assignment shall be reserved as aforesaid; (i) in the assignment of lands for house sites in sea coast villages, priority shall be given to landiess fishermen in respect of lands which are situated beyond "fone hundred feet) but within four furlongs from the high water mark of the sea, if the lands are not already in the occupation of other persons who are entitled to get the lands assigned under these rules; Ix x x x} (6) Lands held on leases with or without limit of time including leases, under Kuthakapattam tules, shail also be taken into consideration for purposes of registry. (6) The lists of lands to be reserved for Govemment or public purposes, and the lists of lands to be set apart for assignment on registry shall be submitted to the Government for approval, and action to assign such lands on registry shall be taken only atter the Government approve those lists: Provided that Government may authorise any authority subordinate to it to scrutinise and Approve such lists. (7)_The lists of lands which may be made available for lease or licence shall be finally approved by the District Collector without reference to the Board of Revenue or the Government. 67, Substituted by Notification No. G O. (P) 687/67/RD at. 80/12/1967, published in K. G Ext, No. 244 dt. 0/12/1967, for “within ane furlong (201.168 metres)”, £4 Omitted by Notification No. G O.(P) 687/67/RD dt. 30/12/1967, publishedin K. G Ext. No, 244. 30/12/1967, for “and coconut’. 62. Inserted by S. R..O. No. 128/70 dt. 20/0/1970, published in K. G Ext. No, 99 dt, 24/04/1970. 70. Inserted by S. R..O. No. 78/72 dt. 14/02/1972, publishedin KG Ext. No. 109 ot. 15/02/1972, 71. Substituted forthe words “one furlong” by Notification No. G: ©. {P) 687/67/RD di. 30/12/1967, published in K.G Ext. No. 244 dt. 30/12/1967. f 72. Omitted by Notification Nd. GO. (P) 687/67/RD ck. 90/12/1967, published in K. G Ext. No. 244 dt, 30/12/1967, Prior to the omission itread as: “(ii) after setting apart the land as in clause (}) 25 per cent of the land available for assignmentin each village shall be reserved for assignment to serving miltary personne! and dependants cfthosa who are killed or disabled in active service. (iv) inthe assignment of such land if any, a8 may be left over, after meeting the requirements of serving Personnel from the land reserved under clause (ii), preference shall be given to eligible Ex-Servicemen. (4) When preparing lists under this rule, local bodies and the other Departments shall be consulted.”232 KERALA LAND ASSIGNMENT RULES, 1964 RAZ (8) Applications for assignmentof land shall be made to the Tahsidar in the form in Appendix IV to these ules. Each such application shail bear court fee stamp of the value of 75p: Provided that applications for assignment of tands under clause (i) af the proviso to sub- rule (Q) of Fle 5 shall bo made to the District Collector and each such application shall bear a court fee stamp of the value of Rs.2. >[Note.— Applicants belonging to Scheduled Castes or Tribes and serving military personnel shall be exempt from affixing stamp on their applications]. 12. Enquiry to be held— "((1) Bet considering an application for assigning the land, the Tahsildar shall publish a notice under hi inviting objections in writing from interested persons to the registry of land, The notice shall be in the form in ‘Appendix V to these rules and give eeninimumof fiteen days timer frorvthe date of publication for preferring objections cand the Tahsildar may, in’ his discretion admit objections received after that period. The notice shall be published by affviure in a conspicuous place in the land concerned and also in the Vilage Panchayat and Taluk stfices and such publication shall be deemed to be legal and sufficient for purposes of these rules}. (2) Application by persons in possession for the assignment of land involved in Kcuthakapattam and Land Conservancy cases may be disposed of by the Tahsildar, if the applicants are eligible 10 get the land on assignment under these rulss and i there 16 06 pronounced disparity regarding the particulars of the land as fumished in the case records and as foundin actual occupation. ¥4{(3) The list of assignable lands and the list of lands to be reserved for Government or public purposes are to be placed before the Taluk Land ‘Assignment Committee for its vscommendation and to be forwarded to the District Collector for approval. The applications received for assignment on registry shall be duly enquired into by the Tansildar and placed before the Taluk Land Assignment Commitiee for considering its merits. The reasons for rejection, if any, should be recorded in writing, In cases whore the orders of the District Collector have to be obtained, the Jansildar shall submit the case to the District Collector along with the recommendation of the Taluk Land Assignment Committee]. (4) On receipt of applications for the assignment of lands under classe (ii) of the proviso to cub-rule (8) of Flule §, the District Collector shall as far as may be, follow the ‘procedure laid down in gub-rules (1), (2) and (@) and, ihe is satisfied that itis in public interest so 10 do, he shall assign such excess lands as admissible under these rules. (42. (i) Notwithstanding anything contained in sub-rules (3) and (4) of Rule 12, the Government may constitute for each Taluk, a Committee called the Taluk Land Assignment Committee which may consist of officials and nor-offiials, for advising the ‘Tahsildar in regard to the assignment on registry of lands available for assignment (vide Fiule 41) for personal cultivation or house sites. 78. Substituted by Notification No. G ©. (P)288/66/Rev. 17/05/1966, published ink. G No, 22. 31/05/1966, Pe ae ee ruven ft cead as: “Note. — Applicants belonging to the Scheduled Castes or Tribes and ‘Christian {one fom those eastes or iibes shall be exempt from affixing stamp on their applications. 74... Substituted by Notfication No. G.0.(P) BS/GE/Fev. et. 17/05/1968, publishedin K. G No, 22 dt. 31/05/1966. Prior Soeierpettution tread as:"(1) Before considering an application for assigning the land, he Tevel shal publish a notice unde is signature inviting objections in wring fram interested persons to te registry of eet Ren ae athe fon i Appendix te Frese ules and ge a minimum of seven days ime fromthe coke of publication for preferring objections and he Tahsildar may, in his discretion, ‘admit objections received after ‘hat period. The notice shall be published by beat ofom-fomn the vilage concemed and alsoin the vilage and | taluk offices and such publication shal be deemed to be legal and sufficient for purposes of these rules.” Fan ne tieet tat Notfcation GO, (P) No, §1/S7/Fd. ct. 26/01/1987, published mK. G Ext No, 12 o 28/01/1997 as, A. O.No. 67/97. Priorta substitution itead ‘if no objections or claims are preferred, the Tahsidar shall straight away assign the land either himself or in accordance with the orders of the District Collector. incases: See vetons or claims have been preferred, the Tahsildar shal duly enquire into them and if on such eeety he finds them to be nol valid and worthy of consideration, he shall eject them. ‘and proceed with te ‘Sas: ton the contrary the Tahoiéar finds that the objecions and cleimsare vail he shall lorreasons to be recorded in writing rejact the application and in cases ‘where the orders of the District Collector have to be aenad he shall submit the case with his recommendations for orders wherever necastany Te by Notification No. GO. (P)331/S8/RD dt.21/06'1968, published in K. G.Ext. No. 137 et, 22/08/1960.RAZA MACHINERY AND PROCEDURE FOR GRANTING REGISTRY 233 (i) The Taluk Land Assignment Committee shall ordinarily have the following members:— (1) One representative each of all the political parties who have representative(s) in the Legislative Assembly (in case the State Committee of a party desires to change its nominee in any Taluk Committee, the State Committee may intimate the fact to the Government in writing; and the change shall accordingly be given effect to by the Government) Members of Parliament/Members of the Legislative Assembly representing t or any part of the Taluk. 71(2)(a) The President of the concerned Grama Panchayat and the Block Panchayat and the members representing the concerned area in the District Panchayat.) (3) One Harijan Member to be nominated by the Government. (4) The Tahsildar of the Taluk. (5) The Special Tahsildar or the Special Tahsildar for Assignment, if any, of the Taluk, The Tahsildar of the Taluk (or the Special Tahsildar for Assignment, if specifically ordered 0 by the District Collector in respect of any Committee) shall be the Convener of the Committee ‘and shall preside over the meeting of the Committee. (iv) Not less than ”(1/5) of the total number of members of the Committee shall constitute ‘he quorum for the meeting of the Committee. v) The Committee shall consider applications for assignment of land on registry for personal cultivation or house sites. Only those lands which are listed as available for assignment under Rule 11 of the Kerala Land Assignment Rules, 1964, shall come within the purview of the Committee. ‘The Tahsildar shall place before the Committee all applications for registry of land of the aforesaid calegory, along with the relevant records of enquiry under Rule 12. After consideration of the applications as also the records of enquiry, particularly, the objections or claims if any, the Committee shall give their advice strictly according to the preferences stated in the rules as to the persons to ‘whom the particular lands may be assigned. The Committee will indicate the survey number, extent and such other particulars as are necessary to identify the lands that are proposed to be assigned in each case. The assignment of lands to institutions, companies, for commercial purposes and for schemes will be outside the purview of the Committee. (V) The advice of the Committee supported by not less than 3/4 of the members present shall be accepted and given effect to by the Tahsildar. In cases where the committee fails to reach the decision as aforesaid with the required majarity, the Tahsildar shall assign the land according to rules.) *{(via) Notwithstanding anything contained in sub-rules (iv), (v) and (vi), if at any mesting there is not sufficient number of members present to form the quorum, the Tahsildar or the Special Tahsildar, as the case may be, shall assign the lands, the applications for assignment ‘of which were proposed fo be placed before the Committee at that meeting, according to rules). (vi) Provisions relating to appeals and revisions will apply to all cases of assignment resorted fo on the advice of the Land Assignment Committee also. (viii) The Committee shall have right to bring to the notice of the Tahsildar any case of ‘assignment in the past to persons who are not éligible according to rules ‘within a period of two "years from the date of the final order assigning the land on registry. Such case together with the fecords, if any, are to be placed before the Committee for its consideration, and if the Committee ‘fecommends cancellation of such assignment, the Tahsildar shall forward the records together with the recommendation of the Committee to the Board of Revenue for its decision. {&) The members of the Committee shall not be given any travelling allowance or daily allowance in connection with their sittings). 2) Taluk 1. Inserted by Notification G ©, (P) No. S1/97/Rd. dt. 26/01/1997, published as S.A. O. No. 87/97 in K.G Ext. No. 112 ot, 28/01/1997. 78. Substituted for the figure "1/3" by S. R.O. No.21/69 dl. 13/01/1969, published inK. G. Ext. No. 9 di. 13/01/1968. 7B. Inserted by S. R, ©. No, 869/78 at. 07/08/1978, published in K. G.No. 39 di. 26/08/1878.234 KERALALAND ASSIGNMENT RULES, 1964 RAB LEASES AND LICENCES 49. Lease or licensing of Government land.— Lands which are likely to be required in future for Govemment or public purposes, but not immediately may be leased or licensed tor the following purposes without auction. (a) Lease of land for agricultural purposes to families of Scheduled Castes and Tribes *=fx x x x] and landless and indigent families belonging to other ‘Communities. (b). Lease of land indispensably required for beneficial enjoyment of adjoining Ix x x x) holding. (Note. — In such cases the lease shall automatically terminate on the date on which the lessee ceases to be in enjoyment of the adjoining holding). {¢) Lease of land under any scheme approved by the Government {@) Lease of land for agricultural purposes to Co-operative Societies. (e) Lease oF licence of land for temporary occupation for purposes like putting up pandals tor sheds for conferences, fais, festivals and marriages and for entertainments ike cinema, circus, drama and exhibition. (9 Lease or licence of land for purposes like the following:— () Retting of coconut husks; : i) Stocking of materials; (ii) Use as play grounds; (wv) Laying of pipe lines, (\). Putting up drainage coverings and construction of steps on road margins: (v) Putting up shops; (vi) Construction of petrol bunks; and (vii) Such other purposes as may be decided upon by Government from ‘time to time. 113A. Lands within port limits,— (1) Lands within port limits shall be leased out oF licensed for marine purposes by the Port Department in consultation with the Revenue Department, (@) Lease or licence of land within the port limits for nan-marine PUposS shall be made by the concerned officers of the Revenue Depariment in consultation with the Port Department. {@)_ The revenue realised from lease or licence for marine and non-marine purposes shall be to the credit of the receipt head of the concerned departments viz, the Port Department or the Revenue Department as the case may be. Note— Marine purposes for which the use of Government lands in port limits shall be considered are the following — (a) For hauling up or docking a sea-going vessel. (b) For building a sea-going vessel. {c) For storing timber, firewood, clay and tiles before shipment and after landing. (6). For storing cargo other than (c) before shipment and after landing, (e). For hauling up a cargo or other boat for repairs. (For building a cargo or other boat. (@) For acrane site. (h) For saw pits of sheds. (0: For scrapping native craft at a boat under for repairs, (j)’ For hauling up a vessel on a boat bunder for repairs etc. (k) Forlaying up logs of timber or boats plying for hire at a boat bunder. () For oil installations} 80. Omitted by Notification No. 0 (P)276/607Rev. 1715/1865, pubsned in K.G.No. 26 dt, 81/05/1966. 81. odedby’S,A.O. No, 21/69 19/01/1968, publishodin K. G.Ext, No, Sat. 19/01/1869, &2._ Inserted by Notification No. G O. (P) 88/67 /Rew. dt. 27/02/1967, published ink. G.No. 9. 07/03/1967. _—eeeeeeeeeeeeRAS LEASES AND LICENCES 235 14, Period of lease etc.— (1) Leases, under clause (a) of Rule 13, shall subject to the provisions of Rule 16, be granted by the Tahsildar for periods not exceeding two years at a time and upto a Maximum extent of three acres {1.2141 hectares] for a family: (2) ‘Leases, under clause (b) of Rule 13, shall, subject to the provisions of Rule 16, be granted by the Tahsildar for periods not exceeding two years at a time and up to a maximum of 50 cents {20.23 ares] in each case. (8) Leases, under clause (c) of Rule 13, shall be granted for periods not exceeding five years and upto a maximum extent of five acres (2.0234 hectares) by the Tahsildar, for periods not exceeding ten years and upto a maximum extent of 10 acres ®[(4.0468 hectarés)] by the Revenue Divisional Officer, for periods not exceeding twenty years and upto a maximum extent of twenty acres *{(8.0937 hectares)] by the District Collector, and in other cases by the Government: Provided that in cases where the scheme, as approved by Government itself specifies the period of the lease and the extent of the land to be leased, the grant shall be limited to such period and extent (4) Leases under clause (4) of Rule 13, shall be granted for periods not exceeding ten years, by the Tahsiidar upto a Maximum extent of three acres "(1.2141 hectares)] by the Revenue Divisional Officer upto a maximum extent of ten acres ®{(4.0468 hectares)} and by the District Collector upto a maximum extent of twenty acres "[(8.0937 hectares)}. In other cases sanction of the Government shall be obtained. : (5) Leases or licences, under clauses (@) and (f) of Rule 13, shall be granted for periods not exceeding three years by the authorities competent to do so under the existing rules or orders or by such other authorities as may, from time to lime, be specified by the Government: “(Provided that Government shall be the authority competent to give leases or licenoes for the purpose of conducting cinema] “{(6) Lease or licence under sub-rule (2) of Rule 13A, shall, subject to the provisions of Rule 16, be granted by the Tansildar for periods not exceeding two years at a time and upto a maximum extent of three acres (1.2141 hectares) by the Revenue Divisional Officer for periods not exceeding 5 years, at a time and upto a maximum extent to five acres (2.0234 hectares) and by the District Collector for periods not exceeding 10 years at a time and upto a. maximum extent of 10.acres (4.0468 hectares). In all other cases the lease shall be granted by the Board of Revenue}. 15. Conditions of lease or lleence,— (1) Orders granting lease or licence under these tules for agricultural purposes shall be issued in the form in Appendix VI to these rules and those for non-agricultural purposes shall be issued in the form in Appendix Vil to these rules. The lease licence shall also be subject to the terms and the conditions specified in the order of grant. (2) Lease or licence granted under these rules shall be heritable, but not alienable; [x x x x}: Provided that the military personnel may lease for cultivation purposes the land assigned to them, whilst they are away on active service ™[x x x x). (3) The assignee shall not be competent to determine the lease or licence of his own accord during the curreney thereof except when otherwise provided for in the order of grant. (4) It shall be competent for the authority who granted the.lease or licence, to terminate the same, after giving sixty days' notice, in writing, to the assignee, if the land or portion thereof is fequired for Government or public purposes. The grant shall also be liable to termination, [after giving reasonable notice, not exceeding fifteen days}, if the assignee violates any of the conditions ‘of the grant order. Casé Law Lease of Government Jand: Cancellation of it without notice and hearing of lessee. Is illegal. Lease granted asia result of proceedings of council of Ministers cancelled without their approval is not proper. Jartatha Tin Factory Ltd. v. State of Kerala — 1987 (2) KLT SN 17. ‘Added by Notification No. GO. (P) 285/66/Rev. dt. 17/05/1966, publishad in K. G No. 22.d1.31/05/1966, ‘Added by S. R. O. No. 278/69 at. 26/06/1969, published in K. G. Ext, No, 159 ¢t, 08/07/1969. Inserted by Notification No. GO. (P) 88/67/Rev. dt. 27/02/1967, published in K. G. No. 9¢t. 08/03/1967, ‘Omitted by Notification No, GO. (P) 285/66/Rev, dt. 17/05/1966, published in K. G No. 22 dt. 31/05/1966. Substituted by Notification No. G O. (P) 285/66/Rev. ct. 17/05/1966, published in Kk. G No. 22 dt, 31/05/1968. SSeee236 KERALA LAND ASSIGNMENT RULES, 1964 RAG MACHINERY AND PROCEDURE FOR GRANTING LEASES OR LICENCES 16. Enquiry to be held.— (1) Applications for lease or licence of land shall be made to the ‘Tahsildar in the form in Appendix IV to these Rules. Each application shall bear court fee stamp of the value of 75p. {Note.— Applicants belonging to Scheduled Castes or Tribes and serving military personnel shall be exempt from affixing stamp on their applications). (2) On receipt of the applications, the Tahsildar shall, after conducting such preliminary enquiry as may be deemed necessary, publish a notice under his signature inviting objections, in writing from interested persons to the lease or licence of the lands to which the applications relate. (3) The notice shall be in the form in Appendix V to the rules and shall give a minimum of [fifteen days time] from the date of its publication for preferring objections, but the Tahsildar may, in his discretion, admit objections received after the expiry of that period. S{(4) The notice shall be published by affixture in a conspicuous place in the land concemed and also in the Village, Panchayat and Taluk offices and, such publication shall be deemed to be legal and sufficient for purposes of these rules}. (5) The objections or representations if any, preferred in response to the notice, shall be duly enquired into by the Tahsildar, In cases where the Tahsildar is himself competent to finally dispose of the applications, he shall take into consideration the ‘objections and representations. In other cases, he shall submit the applications and alll the records together with his own recommendation and giving full reasons therefor, to the competent authority. (17. Rental for trees.— Lease or licence of land may include lease or licence of trees, but where it does not include the trees, the trees may be separately granted on laase or licence at such rates as the Government may, by order from time to time specify. The order of lease or licence shall be in the form in Appendix VIII to these Rules: Provided that in the case of trees for which no rates have been specified by order under this rule, the rates in respect of those trees shall be fixed on a fair and equitable basis). 18. Rental to be charged.— (1) Rents shall be charged for the lease or licence as the case may be, of land and the trees, if any, standing thereon and included in the lease or licence at such rates as Goverment may, by order, specify. (2) The assignee shall, in addition to paying rent under sub-rule (1) deposit with the Government in advance an amount equal to one year's rent as security. 19. Leasing or licensing of Government Office compounds etc.— Lease or licence of land within the premises of Government offices or institutions shall ordinarily be granted by the Competent authority only in consultation with the Department concemed and the PW.D. In cases of difference of opinion between the competent authority and the Department or Departments concerned, such authority shaill obtain the orders of the Revenue Divisional Officer, if that authority 88. Substituted by Notification No. G ©. (P) 285/66/Rev. dt. 17/05/1966, published in K. G. No. 22 ot 31/05/1966, ‘69. Substituted Notification No. G.O. (P) 44/66/RD. ct 30/09/1966, publishedin K. G No. 40 di. 11/10/1966. Priorto the substitution it read.as under: “17. Rental for trees alone.— Lease or licence of land may include lease or licence of trees, but where ‘does not include the trees, the trees may be separately granted on lease or licence in accordance with the ‘following rates. The order of lease or licence shall be in the form in Appendix Vill to these rules. Name oftree Rate of rent per year Ais. oF. Coconut (per tree) 1.50 Arecanut- . 1.00 ack . 075 Palmyra : 0.15 Tamarind » 2.00 Punna " 0.30 Mango ® " O75 Cashew * 075 Peppervine —_pervine 075"R.21 APPEALS AND REVISIONS 237 isthe Tahsildar, or the District Collector, if that authority is the Revenue Divisional Officer, and of the Board of Revenue if that authority is the District Collector: Provided that notwithstanding these rules, the Government shall be competent to issue special rules for regulating the lease or licence of the land mentioned in this rule. 20. Proportionate rental to be collected.— If a lease or licence granted under these rules is sat aside or modified in appeal, or revision and if the assignee having possession of the land under such lease or licence has to vacate the same by reason of its being set aside or ‘modified he shall be liabla to pay to Government, for the period he was in possession the proportionate rent, according to the terms of the lease or licence set aside or modified, together with ihe value as determined by the Tahsildar, of the trees, if any, destroyed or appropriated by him. APPEALS AND REVISIONS 21. Appeal to lie to Revenue Divisional Officer ete.— *{(1) An appeal shall lie to the Revenue Divisional Officer against an order passed by the Tahsildar or any other Officer not above the rank of a Tahsildar authorised by the Govemment under Rule 23A, to the District Collector against an order passed by the Revenue Divisional Officer or an Officer of the rank of Revenue Divisional Officer authorised by the Government under the said Rule 234, and to the Board of Revenue against an order passed by the District Collector.) (2) There shall be no second appeal. (2) Appeals shall be presented within thirty days from the date of receipt of the order by the aggrieved party. (4) The appellate authority may, in his or its discretion, admit an appeal, not submitted ‘within time, if sufficient grounds exist for condoning the delay. (5) No appeal shall be admitted unless it is duly stamped and is accompanied by the ‘original decision or order appealed against or a certified copy thereof. (6) The appellate authority may confirm, vary or ‘cancel the decision or order appealed against. (7). No decision or order interfering with the original order, shall be made in appeal, without ving ‘the party or parties interested thereon a reasonable opportunity to be heard, (@) The Board of Revenue shall be competent to revise, cancel or alter, on its own motion of otherwise any decision made or order passed by the Tahsildar, *'[an Officer authorised by the Government under Rule 23A], Revenue Divisional Officer or District Collector, under these rules: Provided that no proceedings in this behalf shall be initiated by the Board after the expiry of two years from the date of such decision or order, and no such decision or order shall be set aside of modified by it without giving the party affected thereby, a reasonable opportunity to be heard. %1(9) The Government may at any time revise, cancel or alter on their own motion or otherwise any decision made or order passed by the Tahsildar, “an Officer authorised by the Government under Rule 23A], Revenue Divisional Officer, District Collector or the Board of Revenue under ‘these rules: Provided that no such decision or order shall be revised, cancelled or altered under this sub- ule without giving the party affected thereby a reasonable opportunity of being heard], Case Law ‘Sub-r{9) of f.21 is void and unenforceable; Sub-r.(9) of R.21 is beyond the rule making power ‘contained in S.7(1) of the Act and is void and unenforceable. Land Assignment Act, 1960 (Kerala) $.7(1). ~ Karimtharuvi Taa Estates Ltd, v. State of Kerala — 1999 KHC 44 : 1999(1) KLT 33 : 1998 (2) KLJ 752 :1LR 1999 (1) Ker. 584 : AIF 1999 Ker. 47. Seemed S RO. No. 548/80 dt. 02/06/1980, published in K. G. No. 25 at, 17/06/1980, Priorto substitution itread as under: "21, Appeal to lle to Revenue Divisional Officer ete— (1) An appeal shall lie to the Revenue Divisional Officer against an order passed by the Tahsildar, to the District Collector, against and order passed by the Revenue Divisional Officer and to the Board of Revenue against an order passed by the District Collector’ Inserted by S, R.. No, 548/80 dt. 02/06/1980, published inK.G No. 25 dt. 17/06/1960. Inserted by Notification No. G. ©. (P) 687/67/Rd,, published in K. G. Ext. No. 244 dt. 30/12/1967. B82238 KERALA LAND ASSIGNMENT RULES, 1964 R.22 thout he ‘Amounts to violation of principles of natural justice. Ulloor Panchayat 514 ; 1997 (2) KLT SN 22 : 1997 (2) KLJ 22. REGISTERS AND ACCOUNTS TO BE MAINTAINED 22. Registers etc:, to be maintained. — The Registers and accounts cecsasly for purposes of these rules shall be duly maintained by the authorities ‘concerned. The Tahsildar cerwemed shall maintain a register showing the lands assigned in each Taluk with particulars of the assignee and conduct periodical check to ensure that the conditions of the assignment are not violated. 23. Recovery of Government dues.— All amounts due to Government under these rules shall, in cases of default be recoverable, as if they are arrears of revenue due on land under the Revenue Recovery Act, for the time being in force. SPECIAL PROVISIONS REGARDING ASSIGNMENT =[23A, Notwithstanding anything contained in these rules, the powers and functions which may be exercised and performed by a Tahsildar under these rules may be exercised and performed by any other officer authorised by the Government in this behalf.] #124, Powers of Government.— Notwithstanding anything contained in these rules the Government may, if they consider it necessary so to do in public interest, assign land dispensing with any of the provisions contained in these rules and subject to such conditions, if any, as they may impose]. Fx XX x] Case Law 2.24 confers power on the Government to assign land: The. assignment should be in public interest Pushpavally v. State — 1996 (2) KLT 197: 1996 (2) KLJ 1: ILA 1996 (3) Ker. 436. Order of a ent grante out. invoking the rule in Public interest stipulating certain * Govt. has power to modify or relax the conditions ‘and there is no necessity for the order to core nak the same is issued in public interest. That order is not one issued under Rule 24, Parent ror Association, Maharaja's Colloge v. State and Others — 1995 KHC 217 : 1995 (1) KLJ 987 :1LA 1995 (2) Ker. 705 : AIF’ 1995 Ker. 209. Bower of Govt, to dispose land dispensing with any of the provisions of the Rules. Bharaninal ‘Amma Thampuran V. Stale of Kerala — 1979 KLT SN 180. APPENDIX | [See Rule 9(1)] FORM OF ORDER OF ASSIGNMENT ON REGISTRY Shri/Smt. wear llage is informed that his/her application for the land/lands described in the schedule appen jad to this order has been accepted and ‘that the above landllands is/are assigned to him/her on registry subject to the following conditions: — ‘{(1) That the land/lands shall be heritable and alienable. “That the lands shall be heritable, but shall not be alienable for a period of three years from the date of registry: Provided that the assignee may mortgage such lands-(a) ta the Government or: Co-operative institutions or the Tea Board or the Rubber Board, as security for obtaining loans for agricultural or land improvernent purpose or for growing tea or rubber, and (b) to the Government or co-operative institutions as, security for obtaining loans for house construction under the Village Housing Project 3. Inserted by'S. R. O.No. 548/80 dt. 02/06/1980, published in K. G. No.25 dt, 1TIOGN980. 94, Substituted by Notification No, G.. (P) 698/Rev. dt. 20/12/1968, published in K.G No. 51 dt.27/12/1986, Se Smniiedby &.A.0. No. 649/73d. 15/10/1873, publishadin K.G Ext, No. 1060. 22/10/1873. Prior to substitution reAG 3 er sosuch assignment shall be made without complying withthe requirements of Section 4 ofthe Kerala Government Land Assignment Act, 1960 (Act 30 of 1960)." 96. ‘Substituted by S. 8.0, No. 264771 dt, 09/08/1971, publshedin K. G: Ext. No. 346 dt. 08/08/1971. aAPPL APPENDIX 239 Scheme or any other housing schemes sponsored by the Government, if such house is required for the occupation of the assignee or his family]. (@ That the assignee or any member of his/her family or suécessor in interest shall reside infeultivate the land and such residence/cuttivation shall commence effectively within a period of one year from the date of receipt of patta *[x x x x} . (3) That the registry shall be liable to be cancelled for contravention *[condition (1) or (2)] above and also for the conditions specified in the patta [x x x x). (4) That the registry shall also be liable for cancellation if it be found that it was grossly inequitable or was made under a mistake of facts or owing to misrepresentation of facts or in excess of the limits of the powers delegated to the assigning authority or that there was an iegularity in the procedure. (6) That in the event of cancellation of the registry, the assignee not be ent ‘compensation for any improvements he/she may have made on the land. *9{(6) That in cases where registry is made subject to survey and demarcation of the extent assigned, the extent noted in the patta shall be subject to revisicn, if any, found necessary atter survey and demarcation is completed]. (7) Thecost of survey and demarcation shall be recovered from the assignee at the following to () Survey charges at... (i) Demarcation charges at... (8) That the assignee shall be liable for the payment of the full assessment charged on the. land with effect from the year in which the patta is issued. [In cases where patta is issued pending survey and demarcation] the liability for land revenue or any tax or fee levied in liew thereof shall arise from the year in which it is issued and any difference in the tax consequent on the charge in extent after survey and demarcation, shall be adjusted to future land revenue or any tax or fee levied in lieu thereof due from the assignee if it is in excess of the tax due or be collected from the assignee straight away if it is less than tax due. " (9) That the land shall be subject to all local taxes and local rates payable by law or custom. 4[(10) That the assignee shall be liable to pay the arrears if any due to Government as prescribed in Rule 9(3) of these rules and as shown in the Schedule). (11) That the assignee shall be liable to pay land value at the rates prescribed in Rule 10 of the Kerala Land Assignment Rules, 1964 and as shown in the schedule. ‘The assignee shall also be liable to pay the value of trees, plants or: vines if any, specified in parts A and B of Appendix Ill attached to the Land Assignment Rules standing on the land [at the time of assignment], at such rates as may be specified by Government. 3{(11A) That the assignee shall also be liable to pay to the Kerala Land Development Corporation Limited the cost or the proportionate cost as the case may be, of the land development work, ifany, executed on the land by the Kerala Land Development Corporation with interest thereon]. 4{(12) That the assignee shall not be liable to pay tree value in respect of trees the girth of which is 90 cm, or less at breast height, but in cases where the girth of trees at breast height ‘exceeds 90 cm. tree value shall be charged and collected. If the assignee was already in occupation ‘ofthe land and he or his predecessor in occupation has planted trees etc. thereon, no tree value shall be charged in respect of such of those trees, etc., planted by him or by his predecessor in ‘eccupation as are specified in Part 8 of Appendix Il to these rules]. (13) That, ifthe assignee is not agreeable to pay the tree value as specified in condition (12) in respect of trees specified in Part A of Appendix Ill, ine Tahsildar shall dispose of such trees in public auction}. Omitied by S. R. O. No. 41/70 dt. 21/01/1870, published in K. G. Ext. No. 34 dt. 21/01/1970, ‘Substituted for‘condition (2)" by S.R.O, No:284/71 ct. 03/08/1971, publishedinK. G Ext. No. 346d. 06/08/1971. ‘Substituted by S. RO. No. 41/70 dt. 21/01/1970, published in K. G. Ext. No, 34 dt. 21/01/1970. ‘Substituted by Notification G.O. (P) No, 394/Rev., published in K. G No. 90dt, 26/07/1966. Inserted by S. R. 0. No. 696/74 dt. 23/08/1974, published inK. G. No. 39.41. 24/09/1974. Inserted by S. RO. No. 594/76 dt. 25/05/1976, published in K. G.No. 23 dt. 06/08/1976. ‘Substituted by S, A... No. 696/74, published in K. G. No. 89 dt. 24/08/1974. aer-ges240 KERALA LAND ASSIGNMENT RULES, 1964 APPIl 4{(13A) That the title to the land shall not pass to the assignee until he remits the land value and tree value payable in respect of the land, the arrears of tax, if any, due in respect ‘of the land and other charges due from him.] (14) That, if the assignee does not remit the land value, tree value arrears of assessment, etc, within three months from the date of sanctioning registry, *[or such other period as may be allowad by the Tahsildar] “[x x.x x] the registry shall be cancelled, the occupants evicted, the land resumed and reassigned to other eligible families. (15) That no land value and survey and demarcation charges shall be recovered from the assignees belonging to Scheduled Castes and Scheduled Tribes "x x x x]. (16) That the existing and customary rights of Government and public in roads and paths and rivers, streams and channels, running through or bounding the land, and the right of Government to a share in mines and quarries subjacent to the said land are reserved and are no way affected by the grant. 4{(17) Arrears of assignment dues shall bear interest at "6 per cent per annum}. SCHEDULE OF LAND District Taluk Village = Sy. No. Extent Boundaries ‘Assessment AG. payable on "[Hectares (Ares)] {Land Revenue), Rs.P.. Survey and Landvalue Treevalue Arrears due Total amount demarcation Charges as per Rule due 9(3) of the Rules Rs.P. Rs.P. Rs.P. Rs.P Rs.P. Signature and designation of the Place: Assigning authority Date: DECLARATION \ declare that | shall hold the grant subject to the conditions specified above and shall abide by the rules which are now in force or may hereafter be issued by Goverment in regard to registry of lands. Signature of Assignee. "{'Strike out whichever is not applicable). : APPENDIX Il Form of Patta '%x x x x] [See Rule 9(2)] Number Taluk Village Pattadar The amount of tax as per this patta should be paid to the Village Officer or the Village Assistant according to the kistbandi mentioned below and receipt obtained therefor. Station: y Date: Tahsildar 5. Insertedby $; Ri, O. No. 85/70 dt. 25/02/1970, published in K.G Ext. No. 71 dt. 02/03/1970. 6. Inserted by S. RO. No, 1141/75, published in K. G Ext. No, 714 dt. 02/12/1975. 7. Words-“or-as otherwise directed by the Tansildar” omitted by S. R. O. No. 180/75 dt. 24/02/1975, publishedin K, G Ext. No. 103 dt. 25/02/1975. 8. Omitted by Notification No. GO. (P) 285/66/Rev. at. 17/05/1966. 9. Inserted by S. R. O. No. 180/75 ot, 24/02/1975, published in K. G Ext. No. 103 dt. 25/02/1875. 10. Substituted for“12 per cent per annum" by S. R. O.No. 1141/75 dt. 02/12/1975. 11. Added by Notification No. GO. (P)285/66/Rev. dt. 17/05/1986, published in K. G. No. 22 dt. 31/05/1966. 12. Inserted by S. R.0.284/71 dt. 02/08/1971, published in K, G Ext, No. 346 dt. 06/08/1971. 13, Omitted by S, R. O, No, 41/701. 21/01/4970, published in K. G Ext. No. 34dt. 21/01/1970.APP. II APPENDIX 241 Amount Rs.P, Kist Mx x x x] 1. Survey Number 2. Sub-division Number 3. Wet or dry Acre ‘{Hectares} Cent “{(Ares)] 4. Area 5. Tax DECLARATION ' declare that | shall bind myself to the conditions specified below: Assignee. CONDITIONS . 1. The full right over all the trees within the grant and specified in the Schedule Vests in the Government and the assignee is bound to take care of all such trees Standing on the land at the time of assignment or that may come into existence subsequent to it. 2. The assignee is bound to afford all facilities to the officers of Government in ‘the matter Of inspecting the land Periodically for checking the trees referred to in condition (1) above and femoving them, if necessary: "KX x x] Provided that the military personnel may lease the land assigned to them to others whilst they are away on active service. (3. Where unoccupied land is assigned, no alienation shall be made for a Period of three Years from the date of registry except as provided in sub-rule (1A) of Rule 8. In the event of alienation in contravention of the Provisions of that sub-rule, it shall be ‘open to the Government to fesume the land without payment of any compensation), 4. All established rights of way and other easement rights shall be respected by the ‘assignee. 5. The land révenue or any fax or fee levied in lieu thereof on the land will be liable to revision, 6. In the case af concessional grant to members of Scheduled Castes or Tribes and Adigent farnilies, if the land is.at any time brought to sale under the Revenue Recovery Act for the ‘time being in force for arrears of revenue due from the grantee, no fresh grants of land will be made “to the grantee under the concessional terms. “i *7, The land/lands shall be heritable and Subjectto the Provisions of condition 3 be alienable: Provided that the assignee may mortgage such lands— (a) tothe Government or ‘Co-operative institutions or the Tea Board or the Rubber Board, a8 security for obtaining loans for agricultural or land improvement Purposes or for growing tea or rubber; and (©) to the Government or Co-operative institutions as ‘Security for obtaining loans for house construction under the Village Housing Project Scheme or any other housing schemes sponsored by the ‘Govemment, if such house ig Fequired for the occupation “af the assignee or his family. 8. ‘The assignee or any member of his family or Successor-in-interest shall reside in/ 14. Omitted by Nottication No. G O. (P) 285/66/Rev. ot. 17/05/1968, Bublished ink. G. No, 22 dt. 31/05/1966, 15. Ominaey alficaion No.G .(P) 285/86/ev. ct. 17/05/1966, published in. G No 220 aaeriteee 16 Omitted by S, R. 0. No. 477/69 ct. 21/11/1969, published inc @ Eee No, 281 dt. 22/11/1960. 17, Inserted by S. R. O. No, 284/71 dt. 03/08/1971, publishedin KG. Ext. No. 348 ct, 08/08/1972. 18 Inserted by S. RO. No. 785/76, published K.G No, 31 cl, O08ItSre242 KERALA LAND ASSIGNMENT RULES, 1964 APP. IIL cultivate the land and such residence/cultivation shall commence effectively within a period of one year from the date of receipt of patta. 9, The registry shall be liable to be cancelled for contravention of any of the foregoing conditions. 10. The registry shall also be liable for cancellation if it be found that it was grossly inequitable ‘or was made under a mistake of facts or owing to misrepresentation of facts or in excess of the limits of the powers delegated to the assigning authority or that there was an irregularity in the procedure. 11. In the event of cancellation of the registry, the assignee shall not be entitled to compensation for any improvements he/she may have made on the land. 12, In cases where registry is made subject to survey and dematcation of the extent assigned, the extent noted in the patta shail be subject to revision, if any, found necessary after survey and demarcation is completed. 13, The assignee shall be liable for the payment of full assessment charged on the land with effect from the year in which the patta is issued. In cases where patta is issued pending survey and demarcation, the liability for land revenue or any tax or fee levied in lieu thereof shall arise from the year in which it is issued and any difference in the tax consequent on the change in extent after survey and demarcation, shall be adjusted to future land revenue or any tax or fee levied in lieu thereof due from the assignee if it is in excess of the tax due or be collected from the assignee straight away if it is less than the tax due. V 14. The land shall be subject to all local taxes and local rates payable by law or custom. 15. 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.a share in mines and quarries subjacent to the said land are reserved and are in no way affected by the grant, 16. Arrears of assignment dues shall bear interest at 6 per cent per annum]. SCHEDULE Name of trees No. Other particulars (1) Teak (2) Black wood (3) Ebony (4) Sandalwood APPENDIX Il PART A [See Rule 10) List of reserved trees No, Vernacular name Botanical name “ix x x x] 2. Thumbegom or Kongu Hopea Panvifiera 3. White Cedar or Agi Dysexylum Malabaricum 4. Vengai M ‘Pterocarpus Marsupium 5. Thembavu or Karimaruthi ‘Terminalia Tomentosa 6. Iruj or Kadamaram Xylsia Dolabriformia 7. Myla“? ” Vetax Altissina 8. Venteak Lagerstroemia-lanceoclata 9. Punnappa Calophyllum Tementosu 10. Cherupunna C. Wightianum 19. Artocarpus hirsuta” omitted by S. A. O. No. 41/70, published in K. G Ext. No. 34APP. II APPENDIX No. Vernacular name Botanical name 11, Madagirivembu or Devadara Cedrela Toona 42. Malaveppu Chickrassia Tabulari 43. Shenkuranthi Gluta Travancorica 14, Vaha Albizzia Lebbek A. Procera A, Oderatissima 15. Manjakadampu ‘Adina Cardifolia 16. Manimaruthi Legerstroemia flos-Regisnoe 17. Maruthi Derminlia Paniculata 18. Nangu Meswa ferrea 19. Chokkala Aglaia Rexburghiana 20. Kodappala Hardwickia Pinata 24. Karaniil Dipterecerpus Bourdilion 22. llapongu Hopea Wighitana x x x x] 24, Edankorana (Pathiri) 25. Karinthakara: Streosperumum Xylocarppum Albizzia Lebbek] 26. Karivaga + Oderatissima 27, Poovan Schleichora Trijuga 28. Mulluvengai Bridolia Retusa 29. Unnam Grewia Tiliasfolia 30. Vekkali Anegeissues Latifolia 81. Venkotta Lephopetaium Wightiannum 2x x x 3] 34. Mavu Mangifera indica 35. Puli Tamarindus indica 36. lluppei Bassia longifolia 97. Pasakottai “Sadindus tarifoliatus 38. Thelli Canarium strictum 39. Morala Buchania Latifolia 40. Mattipal Ailenthus malabaricus: 41. Kanjiram Strychanes Nuxomica 42. Puthenkolli Poeciloneuron indicus 43, Vellaini Dipterocarpus indicus 44, Ponpathiri ‘Streespunnam Chetone 45, Karuva, ‘Cinnamonum Zoylanicum 46, Konnel ‘ Cassia fistula 47. Nedungar Polyathia fragrans 48; Graval Eugunia Jambelana 49." Karinjarai » — gardneri ‘50. Chavaran » — Chavairan §1. Karivelam Acacia arabica 52. Parambo Prosopis spicigera “20, item“23, Plavu" omitted by S. P.O. No. 41/70, publishedin K. G Ext, No. 34dt. 21/01/1970, “PA items “32.Kadukka —Terminalia Ghebula’ and “33. Payne Vieria indica” omitted by S. R.O. No. 488/76 dd 08/04/1976, published in K, G.No. 49, 11/05/1976.244 53. 54. 55. 57. 58. 59, 60. 61. 62. 63, 64. *65. SE PANO Pe ys 12. KERALA LAND ASSIGNMENT RULES, 1964 Kadapla Ninga (Nirot!) Karangan Vedapla (Karayani) Nennal (Thiruppu) Aina Vemaram Elavu Cheeni Malayuram Bamboos Anjili of Ayani APPENDIX Il PART B ‘Coconut Arecanut Palmyrah Rubber Coffee Tea Pepper-vine Plavu (jack tree) Mavu (Mangifera indica) Puli (Talmarindus indica) Parankimavu} APPENDIX IV APP. Ill Kurumia biparattita Filicium decipies Aerocarpus fraxinifolia Gullenia excelsa Bischola javanica Hardvickia binata Chloroxylon swistenia ‘Shorea talura Bombax malabaricum Tatrameles nudifiora Pterospermum rubignosum Bambusa Sq, per 100 ‘Artocarpus hirsuta] [See Rule 11(8) and 16(1)] Application for Assignment of Land on Registry, Lease or Licence Name of applicant Present address Previous address (Full address) Survey number of the land applied for Extent Boundaries Nature of the land (wet or dry) It there is occupation of the land applied for, the year from which the land was occupied Total extent under occupation If held on lease details thereof such as period of,lease, year from which the lease was: sanctioned and the lease amount. Total extent of land (other than Government land) held by the applicant or members of his family either in proprietary right or with security of tenure. Annual income of the family from sources other than Goverment lands. (To be filled up in the case of Application for concessional Registry). 22. Substituted for the word "65, Parankimavu" by S. R. ©. 41/70, published in K, G. Ext. No. 34 dt. 21/01/1970. 23. Substituled for the items “8. Anjily or Ayani" and “8. Plavu (Jack tree)" by S. R. O. No. 489/76 dt. 08/04/1976,‘APP. VI APPENDIX 245 13. Whether Scheduled Caste or not, if Scheduled Caste (indicate caste also). 14. Occupation DECLARATION | do hereby declare that the details furnished in the application are correct and that | do not _ own any land either in proprietary right or with security of tenure except as shown above and that my annual income from all sources is Rs. Place: Date: Signature of applicant APPENDIX V Notice [See Rule 12(1)] Whereas it is proposed to assign on registry/lease/or licence... acres *{(Hectares) cents *{(Ares)] . lands comprised in Survey NO... Of. seuss Village in Taluk notice is hereby given that all persons who may have any objection to the registry/iease/or licence of the land or may have any claims to the land should prefer the same in writing to the undersigned within publication of this notice. Station: Date: Tahsildar 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 and address of the grantee) for temporary eccupation for a period of....... years 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 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 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 nat be entitled to compensation for any loss caused to him by the cancellation. (8) The grantee shall pay the sum of Re...........a8 security for the fulfillment and observance by him of the conditions contained in the grant. The sum so deposited shalll be liable to be forfeited tothe 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 shail, so long as the grant be in force, pay clear of all deductions a sum of ssssei.1 POF ANNUM for Credit to the general revenues of the State anda furthersum of Rs... ‘On account of rates, taxes, assessments and outgoing payable by the Government to any focal body as a result of his occupation of the land. The consolidated charge shall be vette to the Government in advance annually the first of such payments to be made on the day of.......... and _the subsequent annual payments on the correspondihg 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. 2, Added by Notification No, G O. (P)285/66/Rev. dt. 17/05/1966, published in K. G. No. 22 dt. 31/05/1968.246 KERALA LAND ASSIGNMENT RULES, 1964 APP.VI (6). The grantee shall bring the land under cultivation within a period of six months from the date of the grant. (%) 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 ail times to enter upon the lands aforesaid to view the condition of the land. (9) The grantee shall not assign or underlet the benefits arising under this grant or a part thereof. [x x x x]: Provided that the miltary 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 and their 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 at 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 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 shal take steps to see thatthe marks made by the officars of the Government on the trees are preserved and are not tempered with; =. (d) Inthe event of the infringement of, or failure to. observe, any of the conditions mentioned in (a), (b), oF (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 oF structures of a permanent of 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 trees shall also be the property of the Government and shall be handed aver to the Village Officer. (13) The sale proceeds of withered and wind-fallen trees and those cut under condition (12) shall be credited to the Government. (14) if and 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. (48) 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 the land except as provided in condition (7). (17) The grantee shall, on the termination of 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 forall 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 Goverment may revoke the grant wholly or in part, ifthe sum specified in condition (4) or any part theraot shall remain unpaid for fifteen days after they have become payable whether formally demanded or not, or if the grantee shall have broken any of the conditions of the grant 25. Omitted by Nolifcation No. G.O.(P) 285/66/Rev. dt. 17/05/1966, published in K.G.No. 22dt. 31/08/1966. eeeAPP.VI APPENDIX 247 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 thereat together with interest, if any, isin artear 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 or Board of Revenue being the sole judge of the emergency) and shall be tarminable 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 cenditions. The grantee shall not in case of such revocation or termination be entitled to any compensation in respect of any improvements effected by the grantee to the land cor for the loss caused by the interruption of his occupation (22) In the event of termination of the grant under condition (19) of (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 (2) or such portion thereof ‘as may be retumable to him shall be returned to him on the expiration or soon after the termination of the grant. (24) If any dispute ot 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 fespect of any matter or thing relating to or arising out of the grant or the construction of the meaning of all or any of the provisions herein contained the said dispute or difference shall be referred for settlement by arbitration by the Collector of the District and his decision shall be final (25) 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 the Goverment 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 and are however reserved and are in no way affected by the grant. SCHEDULE! District Taluk Village Survey No. Areas A.C. Boundary 2(H)(A)] N.S. E,W. (i) @) @) ) 6) 6 SCHEDULE I! ‘Teak Blackwood Ebony Sandalwood In witness whereof | (name_and designation) acting for and on behalt of any by the order and Bein et oe Excellency the Governor of Kerala have hereunto set my hand this nn. day Place: Date: Signature and designation of fae the assigning authority DECLARATION | declare that | shall hold the lease subject to conditions... ven above. | also declare that | shall abide by the rules which are now in force or may hereatter be issued by Government in regard to leases. Signature of lessee. 28. Added by Notification No. GO. (P) 285/66/Rev. dt. 17/05/1966.248 KERALALAND ASSIGNMENT RULES, 1964 APP. Vil APPENDIX Vil [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 and address of the grantes)...... for temporary occupation of a poriod of... yearsimonths 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 4 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 iregularty in the procedure, Cancellation on ary 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 2x x x x Provided that the miltary 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 AS... for credit to the general revenues: ‘of the State and a further sum of Rs... 1/011 account of rates, taxes, assessments and out-goings payable by Government to the local bodies aga resultof his occupation of the land, The consolidated charge shall be payable to the ‘Govemment in advance annually/monthly the first of such payments to be made On thE serves GAY Of nnn andthe subsequent ‘annual/monthly payments on the corresponding day of the: succeeding months! years. (6) In the event af the local body varying itg 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 faxation 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 of 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, fences or structures 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 or destroy such trees, plants, groves or bushes, a5 in the opinion of the assigning authority, itis necessary to uproct, cut down of destroy to make the land fit for the purposes of... and may take them free ‘of charge and dispose of them in any _-mapner he likes. The grantee may ‘evel the ground by removing embanked pathways and filling up tow-lying places on the land so as to make the ground fit for the purposes Of and may mow and'eut 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. 27. Omitted by Notification No. GO. (P) 285/66iRev. 17/05/1968.APP. VII APPENDIX 249 (11) The grantee shall remove immediately any unauthorised building, fence or 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 the 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 removed and take delivery of the same. The grantee shall have no claim to any materials removed under this condition which shall nat 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). (4) 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 the charge specified incondition (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 gyant 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 fevenue. (17) The grant hereby given may be revoked by the assigning authority after giving sixty ays notice in writing and by the Government or the Board of Revenue without notice for emergent reasons (the said Govemment 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 tavocation 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 belore 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 feputed to belong to it or usually held or enjoyed with it. The existing and customary rights of ‘Goverment 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 Goverment any sums payable under the grant on he rates on which they are made payable, he shall pay interest at 12 per cent per annum on such amounts from the dates on which they were so payable until the date of payment orrecovery, ‘SCHEDULE District Taluk Town or Ward Survey Area Boundaries Village number number North South East West250 KERALA LAND ASSIGNMENT RULES, 1964 APP. Vill In witness whereof | (name and designation) action for and on behalf of and by the order and direction of His Excellency the Governor of Kerala have hereunto set my hand this day 19. Signature and designati assigning authority DECLARATION | deciare that | shall hold the lease subject to condition: that | shall abide by the Rules which are now in force or whi Government in regard to leases. given above. | also declare may, hereatter be passed by the Signature of the lessee. APPENDIX Vill [See Rule 17) Form of Order of Grant for the Lease or Licence of trees standing on Government Lands Whereas the right to enjoy the usufructs of the trees standing on the Government land specified in the schedule below, has been ordered to be leasediicenced under the Rules for the. Assignment of Government lands, 1964 and as may subsequently be amended in tavour of Sri Smt... son/daughter of Sti... Of... HOUSE. VHAQO..... Taluk, | the .......Tahsiidatt of the Taluk/de hereby grant the right to enjoy the usufructs of the trees mentioned in the Schedule, to the above person on leasellicence for a period of ... years in consideration of an annual rent of AS......... P. and subject to the fallowing conditions. (i) That the ownership of the trees shall continue to vest in the Government (2) That the right of the lessee/licensee shall extend only to the enjoyment of the usufructs of the trees. (3) That the lesseeflicensee shall pay the annual rent fixed above in one instalment before con Of every year. (4) That in case the lessee/licénsee makes default of payment of the annual rent, it shall be recovered from him as arrears of land revenue under the Revenue Recovery Act for the time being in force. (5) That the lessee shall manure the trees and keep them in such condition ag not to diminish its yielding capacity. (6) That the lessee/licensee shall not alienate the leaseflicence without obtaining the previous sanotion of the Officer who granted the lease/icence. (7) That during the currency of the leaseflicence the lesseellicensee shall not determing the leaseflicence of his own accord. (8) That it shall be competent to the Officer who grantad the leaseficence to cancel it either on the termination of the lease/licence without notice or at any other time after giving one month's notice, ifthe tree or the land on which the tree stands, is required for Government purposes. (9) That the lesgeaticensee shall take care of the land on which the trees stand, but shall not cultivate the land and he has no right of enjoyment over it, (10) That if the trees mentioned in the schedule wither or fall down by natural causes the lessee/licensee shall immediately intimate the fact in writing to the Officer who granted the lease! licence and proportionate abatement ‘of rent can be claimed. (11) That the lassee shall not let the coconuts or other like trees included in the lease! licence for tapping, without the specific sanction of the authority who granted the lease/licence, (12) That the lessee/iicensee shall be liable for the payment of the value of any tree damaged -APP. Vill APPENDIX 251 of lost due to his negligence or with his connivance. The loss in such cases shall be determined by the Officer who granted the leaseflicence. (13) That the lessee/licensee shall not claim compensation in the event of the removal of any tree, during the currency of the lease/licence but he will be entitled to claim proportionate reduction or rent. (14) That the lessee/licensee shall take care of the Royal trees such as Teak, Blackwood, Ebony and Sandalwood, if any, standing side by side with the trees granted on leaseflicence, and the condition 12 above shall be applicable in the event of their loss or damage caused by him. (15) That the lessee/licensee shall remit a sum equal to one year’s rental as security and fe shall be entitled to its refund on termination of the leaseflicence, and after the claims of the Government, if any, against the lessee/licensee, are settled. (16) That if any of the conditions laid down above is not fulfilled or is violated, the lease/ licence is liable to be terminated immediately by the Officer who granted the lease/licence iespective of the period of the leaseficence, after a written notice to that effect served on the lesseeficensee and the lesseellicensee is bound to surrender without claiming any compensation whatsoever. ‘SCHEDULE Taluk Village Survey No. Description of trees No. Rent Coconut Arecanut Jack Palmyrah Tamarind Punna Mango Cashew Pepper Vien Tahsildar (Signature) or other Officer. DECLARATION ie do hereby declare that | shall hold the Lease/Licence subject to the conditions given above. | also declare that | 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. (For Notifications see Page No. 766)