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Pre. Act No. 30 of 1960

PREAMBLE

An Act to provide for the assignment of Government lands

WHEREAS it is expedient to regulate the assignment of Government lands and to remove doubts as to the validity of the limitations and restrictions imposed in assignment of land by the Government or under their authority;

BE it enacted in the Eleventh Year of the Republic of India as follows:-

S.1 Short title, extent and commencement

(1) This Act may be called the Kerala Government Land Assignment Act, 1960.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

S.2 Definitions

(1) The following, that is to say:-

(i) all public roads, streets, lanes and paths, the bridges, ditches dykes and fences on or beside the same;

(ii) the bed of the sea and of harbours and creeks below high water mark, the bed and banks of rivers, streams, Irrigation and drainage channels;

(iii) all canals, tanks, lakes, back-waters and water courses;

(iv) all land wherever situated, save in so far as the same are the property of-

(a) jenmis or holders of Inams; or

(b) holders of land in any way subject to the payment of land revenue to the Government; or

(c) any other registered holder of land in proprietary right; or

(d) any person holding of land under grant from the Government otherwise than by way of lease or licence: or

(e) any person claiming through or

S.3 Assignment of Government Land

(1) Government land may be assigned by the Government or by any prescribed authority either absolutely or subject to such restrictions, limitations and conditions as may be prescribed.

¹[(2) No Government land assignable for public purpose may be assigned under sub-section (1) without consulting the local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality act, 1994 (20 of 1994) as the case may be and if such local authority required such land, for carrying out any of the functions assigned to it, Government may set apart such land for that purpose.]

Explanation.--Any restriction as to alienation, whether voluntary or otherwise, of the rights of the assignee, shall, be a restriction within the meaning of this section.

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1. Inserted by Act 16 of 2000 G.O. (P) No. 3294/Leg.

S.4 Procedure to be followed before Government Lands are assigned

(1) When any Government land is proposed to be assigned by the prescribed authority, otherwise than by way of lease or license, the Tahsildar of the taluk in which the land is situate or any officer empowered by the Government in this behalf shall notify in the prescribed manner that such land will, by public auction or otherwise, be assigned, and call upon those who have got any claim to such land to prefer to him their objections, if any, in writing, within a time which shall be specified in such notification.

(2) If any objection is preferred within the time specified in the notification, the Tahsildar or such other officer shall enquire into the same and pass an order in writing either accepting or rejecting the claim in full or in part and intimate in writing the fact of such disposal to the claimant.

(3) For the purpose of enquiry under sub-section (2) the officer making the enquiry shall have all the powers conferr

S.5 Order of assignment

(a) When the time fixed in the notification under sub-section (1) of section 4 has elapsed and no objection has been preferred; or

(b) When any objection preferred is rejected and-

(i) the time for preferring an appeal from the order has elapsed and no appeal has been preferred; or

(ii) when an appeal has been preferred and the appeal is, rejected by the appellate authority.

the land may, subject to such rules as may be made by the Government in his behalf be assigned by the prescribed authority.

S.6 Bar of suits

No suit against the Government shall be entertained in any civil court in respect of any order passed under this Act except upon the ground that-

(a) the order is in breach of any completed agreement to assign, or

(b) the land in respect of which such order has been passed is not Government land:

Provided that any such suit by a person who was a party or privy to and had due notice of the proceeding under this Act shall be instituted within two years from the date of service of the notice of such order.

S.7 Powers to make rules

(1) The Government may make rules. -

(a) prescribing the manner in which assignment of land may be made; whether by public auction or otherwise;

(b) prescribing the qualification of persons to whom assignment of lands may be made;

(c) prescribing the order of priority for the assignment of land whether by public auction or otherwise;

(d) prescribing the authority by which such assignment may be made;

(e) prescribing the procedure to be followed in assigning the land;

(f) providing for the publication of notifications and service of notices;

(g) prescribing the procedure to be followed in the enquiry regarding claims preferred;

(h) prescribing the rates at which land may be assigned and tree growths may be valued, and the mode of recovery of the amounts due;

(i) pr

S.8 Assignment to take effect with restrictions, conditions, etc., according to their tenor

All the provisions, restrictions, conditions and limitations contained in any Pattah or other documents evidencing the assignment of Government land or of any interest therein shall be valid and take effect according to their tenor, notwithstanding any law for the time being in force or any custom or contract to the contrary.

Explanation.--In this section, the expression "Government land" shall include land under the control or management of the Government at the time of the assignment.

S.8(a) SECTION

¹[xxxx]

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1. Inserted by Act 7 of 1980 pub. in K.G. Ex. No. 36 dated 27-5-1980 and subsequently omitted by Act 21 of 1991.

S.9 Repeals

(1) The Travancore-Cochin Government Land Assignment Act, 1950(XXXII) of 1950), is hereby repealed.

(2) The Government Grants Act, 1895 (Central Act 15 of 1895), in so far as it relates to any grant or other transfer of land or of any interest therein by or on behalf of the Government of Kerala, shall cease to apply to the Malabar District referred to in sub-clause (2) if Section 5 of the State Reorganisation Act, 1956 (Central Act 37 of 1956).

(3) All rules and orders made or deemed to have been made under the Travancore-Cochin Government Land Assignment Act, 1950, hereby repealed, and all rules and orders in force immediately before the commencement of this Act relating to the assignment of Government lands in the Malabar District referred to in sub-section (2) of section 5 of the State Reorganisation Act, 1956 (Central Act 37 of 1956), so far as they are not inconsistent with this Act, shall be deemed to have been made

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Legal Commentary on Kerala Government Land Assignment Act, 1960 - Section 9

Introduction

The Kerala Government Land Assignment Act, 1960, aims to regulate the assignment of government lands for various purposes, including personal cultivation and housing. Section 9 specifically addresses the collection of government dues and the issuance of provisional pattas, which are essential for the legal recognition of land assignments.

What does Section 9 Say

Section 9 of the Kerala Government Land Assignment Act, 1960, outlines the procedures for the collection of arrears of government dues and the issuance of provisional pattas. It emphasizes the importance of maintaining records and ensuring that dues are settled before any land assignment is formalized.

Essential Ingredients

• Collection of Dues: The section mandates the collection of any outstanding government dues related to the land.
• Provisional Patta: It provides for the issuance of provisional pattas, which serve as temporary land titles until full assignments are processed.
• Regulatory Framework: The section operates within the framework established by the Kerala Land Assignment Rules, 1964.

Scope of Section

The scope of Section 9 extends to all government lands that are subject to assignment. It ensures that any assignment is contingent upon the clearance of dues, thereby protecting government interests and maintaining order in land management.

Punishment for Section

While Section 9 itself does not explicitly outline punishments, failure to comply with the provisions regarding dues and provisional pattas may lead to legal consequences, including the potential for eviction or denial of land assignment.

Legal Comments

• Government Dues - Section 9 emphasizes the necessity of collecting government dues before any land assignment can be formalized, ensuring that the government’s financial interests are protected. - [ State of Kerala represented by the Chief Secretary to the Government VS Munnar Woods rep. by its Managing Partner K. A. Joseph]
• Provisional Patta - The issuance of provisional pattas under Section 9 allows for temporary recognition of land rights, facilitating immediate use while awaiting full assignment. -
• Natural Justice - Actions taken under Section 9 must adhere to principles of natural justice, ensuring that individuals are not unjustly dispossessed of land. - [ State of Kerala represented by the Chief Secretary to the Government VS Munnar Woods rep. by its Managing Partner K. A. Joseph]
• Legal Framework - The section operates within a broader legal framework established by the Kerala Land Assignment Rules, 1964, which provides detailed procedures for land assignment. -
• Arrears Collection - The focus on collecting arrears highlights the importance of financial accountability in land management practices. -
• Land Assignment Conditions - Assignees are bound by the conditions set forth in the provisional patta, which may include restrictions on land use. -
• Historical Context - Section 9 reflects the historical context of land management in Kerala, influenced by earlier laws such as the Travancore-Cochin Government Land Assignment Act, 1950. - [ Vincy Cherian Cherian VS State of Kerala, represented by The Chief Secretary To Government]
• Judicial Oversight - The enforcement of Section 9 may be subject to judicial review, particularly concerning the legality of actions taken against individuals for non-compliance. - [ State of Kerala represented by the Chief Secretary to the Government VS Munnar Woods rep. by its Managing Partner K. A. Joseph]
• Public Purpose - The section underscores the need for land assignments to align with public purposes, ensuring that government land is utilized effectively. -
• Encroachment Issues - The section indirectly addresses issues of encroachment by stipulating that dues must be cleared before land can be assigned, thereby discouraging unauthorized occupation. -
• Rights of Assignees - While provisional pattas grant certain rights, they do not confer absolute ownership until all conditions are met, including the payment of dues. -
• Administrative Authority - The section empowers administrative authorities to enforce compliance with dues collection and provisional patta issuance, reinforcing government control over land management. -
• Legal Recourse - Individuals aggrieved by actions taken under Section 9 may seek legal recourse, including injunctions against unlawful dispossession. - [ State of Kerala represented by the Chief Secretary to the Government VS Munnar Woods rep. by its Managing Partner K. A. Joseph]
• Impact on Land Use - The provisions of Section 9 can significantly impact land use patterns, as they regulate who can access and utilize government lands. -
• Compliance with Rules - Compliance with the Kerala Land Assignment Rules, 1964 is essential for the effective implementation of Section 9, ensuring that all procedures are followed. -
• Role of Collectors - Collectors play a crucial role in the enforcement of Section 9, particularly in the collection of dues and the issuance of provisional pattas. - [ State of Kerala represented by the Chief Secretary to the Government VS Munnar Woods rep. by its Managing Partner K. A. Joseph]
• Public Interest - The overarching aim of Section 9 is to serve the public interest by ensuring that government lands are assigned in a fair and regulated manner. -
• Legal Precedents - Judicial interpretations of Section 9 may set important precedents for future land assignment cases in Kerala. - [ Vincy Cherian Cherian VS State of Kerala, represented by The Chief Secretary To Government]
• Administrative Discretion - The section grants administrative discretion in the assignment process, which must be exercised judiciously to avoid arbitrary decisions. -
• Future Amendments - The potential for future amendments to Section 9 reflects the evolving nature of land management policies in Kerala. -