Kerala Land Assignment Rules, 1964
Nothing contained in these rules shall apply to or affect,-
(i) lands situated within the limits of a Corporation, Municipality or Cantonment or within such other areas as Government may, by order specify;
(ii) assignment of Government lands made for the specific purpose of cultivating Tea, Coffee, Rubber, Cinchona and Cardamom;
(iii) assignment of Government lands under any special rules other than Kuthakapattom Rules of 1947 whether already made or to be made in respect of lands reserved for allotment under such rules;
(iv) Government lands held under special tenures like Kandukrishi, Viruthi, etc;
(v) Government land held under any special agreement with the Government;
1[(vi) Government lands which stand transferred to and vested in the Panchayats under the Kerala Panchayats Act, 1960 (32 of 1960)].
In these rules, unless the context otherwise requires-
(a) "Alienation" includes sale, gift, 2[bequest under a will], mortgage, hypothecation or lease.
(b) "assignee" means a person to whom land is assigned under these rules and includes his heirs or successors in interest.
2[(c) "Assignment" means transfer of land by way of registry and includes a lease and a grant of licence for the use of the land].
3[(cc) "encroachment not considered objectionable" means encroachment on Government land, which is available for assignment, by a person or a family eligible to get land, on registry under these rules].
4[(cd) "beneficial enjoyment" means the enjoyment of land for purposes like providing approach road to the assignee's registered holding and protection of his watercourse, standing crops and buildings].
(d) "Family" includes a person,
Assignment of land under these rules shall be without auction.
Government lands may be assigned on registry for purposes of personal cultivation, house-sites and beneficial enjoyment of adjourning registered holdings.
7[(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,-
(a) in the case of unoccupied lands, one acre of land whether wet or dry, in the plains and one acre of wet land or three acres of dry land in hilly tracts;
(b) in the case of lands held on lease whether current or time expired or by way of encroachment not considered objectionable,-
(i) where there are no valuable improvements effected on the land by the occupant, one acre of land, whether wet or dry, in the plains and one acre of wet land or three acres of dry land in hilly tracts;
(ii) where there are valuable improvements effected on the land by the occupant two acres of land wet or dry in the plains and two acres, of wet land or four acres of dry land in hilly tracts;
Note.- In the case of occupied lands and lands
(1) The extent of Government land that shall be registered in favour of a family as house site shall not exceed 15[fifteen cents (6.072 ares))]. The assignee shall be liable to pay land value for house sites at the rate of 16[Rs.200 per cent].
(2) The extent of Government land that may be granted on registry when the same is indispensably required for the beneficial enjoyment of adjoining registered holdings 17[shall not exceed, in the case of one registered holding 17A[fifteen cents (6.072 ares)].
18[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 satisfying himself that the land is absolutely necessary for that purpose].
19[x x x x]
20[(3) An assignment under sub-rule (2) shall be subject to the payment of market value of the land at the time
(1) Where any person is in occupation of Government lands under lease, whether current or time expired, or by way of encroachment not considered objectionable 22[such land if such occupation is before the Ist day of August, 1971 shall be assigned to him on registry:]
22A[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:];
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 persons who are landless and eligible for assignment of land under these Rules, such land may be assigned to such encroachers, only after setting apart equal extent of other suitable unoccupied area for the members of Scheduled Caste/Scheduled Tribe Community;
22B[x x x x]
(2) In the
(1) Preference shall be given to the former Kumkidars 27[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 ceiling 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 be assigned even if it be beyond the limit of two chains (40.235 metres) mentioned in sub-rule (1).
(3) The assignment shall be subject to the payment of land value as prescribed in these rules.
(4) Tree value, except for Sandalwood, shall not be collected from the kumkidars
28[(5) The cultivating tenants of the former Kumkidars who could not apply for the assignment of Kumkilands may apply for the assignment of the same
Notwithstanding anything contained in these rules, where any person is in occupation of Government lands under lease in hilly tracts specified in the explanation to sub-rule (2) of Rule 5, whether current or time expired or by way of encroachments not considered objectionable, such land, if such occupation completes 10 years as on the 1st day of June, 2015, 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.3,00,000.]
29[(1) Lands, granted on registry shall be heritable 29A[and alienable]:]
29B[x x x x]
30[x x x x]
31[(1A) Notwithstanding anything contained in sub-rule (1), unoccupied lands assigned on registry shall be heritable but not alienable for a period of 31A[twelve years] from the date of assignment on registry.;]
31B[Provided that the assignee may mortgage such lands to the Government banks, financial institutions Rubber Board and Tea Board as security for obtaining loans for housing, agricultural or land improvement purposes.]
(2) The assignee or a member of his family or his successor-in-interest shall reside in the land if it is granted as house site, or shall personally cultivate the same if it is granted for cultivation; and such residence or cultivation, as the case may be, shall commence effectively within a period of one year, from the date of receipt
33A[(1) Order granting registry shall be issued in the form in APPENDIX I to these rules, for assignment of occupied lands and in the form in APPENDIX IA to these rules, for assignment of unoccupied lands.]
34[(2) In cases where registry is made, 34A[patta shall be issued in the form in APPENDIX II to these rules for occupied lands assigned on registry and in the form in APPENDIX IIA to these rules for unoccupied lands assigned on registry]. Where such patta is issued pending survey and demarcation, a note to the effect that the area noted in the patta is subject to revision after finalisation of the survey and demarcation shall be made in the patta. In such cases, when survey and demarcation is completed, the exact area assigned shall be noted in the patta by the assigning authority].
35[Note.- A patta issued under this sub-rule shall be liable to stamp duty of appropriate value].
36[(3) In cases where the land
10. Land value and other dues to be paid.—
(i) the value of the land, where the land is held on lease, whether current or time expired; and
(ii) one-and-a half times of the value of the land, where the land is held by way of encroachment.
Explanation.—
(i) For purpose of this sub-rule "value of the land" shall mean the value of the land without improvements effected by the lessee or the encroacher, as the case may be;
(ii) in determining the value of the
(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;
(ii) Lands required for Government or public purposes, other than those covered by the definition of 'poramboke' in the Kerala Land Conservancy Act;
55[(iii) Lands required or likely to be required for any settlement scheme or any other scheme sponsored by the Government];
(iv) Lands likely to be required for the present or future Government or public purposes;
56
63[(1) Before considering an application for assigning the land, the Tahsildar shall publish a notice under his signature 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 a minimum of fifteen days' time from the date of publication for preferring objections and the Tahsildar may, in his discretion admit objections received after that period. The notice shall be published by affixture in a conspicuous place in the land concerned 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].
(2) Application by persons in possession for the assignment of land involved in Kuthakapattam and Land Conservancy cases may be disposed of by the Tahsildar, if the applicants are eligible to get the land on assignment under these rules and if there is no pronounced disparity regarding the part
65[(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 non-officials, for advising the Tahsildar in regard to the assignment on registry of lands available for assignment (vide Rule 11) for personal cultivation or house sites.
(ii) 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).
(2) Members of Parliament/Members of the Legislative Assembly representing the Taluk or any part of the Taluk.
Lands which are likely to be required in future for Government or public purposes, but not immediately may be leased or licensed for the following purposes without auction.
(a) Lease of land for agricultural purposes to families of Scheduled Castes and Tribes 69[x x x x] and landless and indigent families belonging to other Communities.
(b) Lease of land indispensably required for beneficial enjoyment of adjoining
69[x x x x] holding.
70[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].
(c) Lease of land under any scheme approved by the Government.
(d) Lease of land for agricultural purposes to Co-operative Societies.
(e) Lease or licence of land for temporary occupation for purposes like putting up pandals or sheds for conferences,
(1) Lands within port limits shall be leased out or licensed for marine purposes by the Port Department in consultation with the Revenue Department.
(2) Lease or licence of land within the port limits for non-marine purposes shall be made by the concerned officers of the Revenue Department in consultation with the Port Department.
(3) 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.
(d) For storing cargo other than (c) befor
(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 71A[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 72[20.23 ares] in each case.
(3) 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 72[(4.0468 hectares)] by the Revenue Divisional Officer, for periods not exceeding twenty years and upto a maximum extent of twenty acres 72[(8.0937 hectares)] by the District Collector, and in other cases by the Government:
P
(1) Orders granting lease or licence under these rules 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 VII to these rules. The lease or 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; 75[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 75[x x x x].
(3) The assignee shall not be competent to determine the lease or licence of his own accord during the currency 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 assi
(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.
76[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.
77[(4) The notice shall be pub
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 lease 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].
(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 Government 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.
1[3 (i). Notwithstanding anything contained in these rules, all the lessees who have defaulted in payment of lease rent specified by the Government by order as mentioned in sub-rule (1) for the period pending up to 5th February 2016, shall pay such lease rent arrears at such rates as applicable to them as on 6th February 2016 and the arrears thereof shall be remitted in full as one time settlement.
"Provided that where the aggregate amount of arrears is comparatively high and lessee has requested for more installments for remitting the same, the Government may by sufficient reasons allow
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 concerned and the P. W.D. In cases of difference of opinion between the competent authority and the Department or Departments concerned, such authority shall obtain the orders of the Revenue Divisional Officer, if that authority is the 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.
If a lease or licence granted under these rules is set 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 liable 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 the value as determined by the Tahsildar, of the trees, if any, destroyed or appropriated by him.
79[(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 Government 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 23A, and to the Board of Revenue against an order passed by the District Collector.]
(2) There shall be no second appeal.
(3) 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.<
The Registers and accounts necessary for purposes of these rules shall be duly maintained by the authorities concerned. The Tahsildar concerned 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.
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.
83[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].
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].
85[x x x x]
1[APPENDIX I | ||||||
[See Rule 9(1)] | ||||||
FORM OF ORDER OF ASSIGNMENT ON REGISTRY (OCCUPIED LANDS) | ||||||
| Shri/Smt. ............................of.............village is informed that his/her application for the land/lands described in the schedule appended to this order has been accepted and that the above land/lands is/are assigned to him/her on registry subject to the following conditions:— |
(a) These rules shall be called "the Kerala Land Assignment Rules, 1964".
(b) They shall come into force at once.
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