S. R. O. No. 675/90. - In exercise of the powers conferred by sub-section (1) of Section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (2) of the said section, namely:

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S.Rule 1 Short title and commencement.

(i) These rules may be called the Land Acquisition (Kerala) Rules, 1990.

(ii) They shall come into force at once.

S.Rule 2 Definitions.

In these Rules unless the context otherwise requires,-
 
(i) "Act" means the Land Acquisition Act, 1894;

 (ii) "Form" means the form appended to these Rules;

 (iii) "Government" means the Government of Kerala;

 (iv) "Land Acquisition Officer" means any officer specially appointed by Government by notification under clause (c) of Section 3 of the Act to perform the function of a Collector under the Act;
 
(v) "Section" means a section of the Act.

S.Rule 3 Appointment of Collectors.

All appointments of Collectors under clause (c) of Section 3 shall be by notification in the Official Gazette in Form No. 1.

S.Rule 4 Requisitions for Acquisition.

(1) Requisitions for acquisition of land under the Act shall be made in Form No. 2 to the District Collector concerned within whose jurisdiction the land is situated.

(2)  As soon as a requisition is received, the District Collector shall if it is decided that the land applied for should be acquired under the Act, forward it to the concerned Land Acquisition Officer for initiating land acquisition proceedings.

S.Rule 5 Publication of Preliminary Notifications.

(1) When the acquisition is for any public purpose (other than for the purposes of the Central Government), the Land Acquisition Officer shall publish a preliminary notification in Form No. 3 (a) duly approved by him in the Official Gazette and in the newspapers as required by sub-section (i) of Section 4.

(2)  When the acquisition is for the purposes of the Central Government, the Land Acquisition Officer shall forward to Government in the concerned Department a draft preliminary notification in Form No. 3 (b) in triplicate together with an attested copy of the requisition, an extract of settlement/Adangal/Land Tax Register and a Sketch of the site.

(3)  The Government shall, if they are satisfied that the acquisition is for the purposes of the Central Government approve the notification and send one copy of the notification to the Government Press for publication in the Official Gazette and return one copy of the approved notification to the Land Acquisitio

S.Rule 6 Procedures for acquisition in cases of urgency.

(1) Where any requisition is received by the District Collector for acquisition of land under the urgency clause for any public purposes (other than for the purposes of the Central Government) he may, if it appears to him that it is a fit case to dispense with the provision of Section 5A, make a recommendation to that effect to the Secretary, Board of Revenue for appropriate sanction.

(2)  As soon as the sanction referred to in sub-rule (1) is received, the Land Acquisition Officer shall 'publish' a composite notification in Form No. 3(c) duly approved by him in the Official Gazette, and in the newspapers as required in sub-section (1) of Section 4 read with sub-section (4) of Section 17.

(3) Where the requisition for acquisition of land under the urgency clause is for the purposes of the Central Government, the District Collector may, if it appears to him that it is a fit case to dispense with the provision of Section 5A make a recommendation to that effect

S.Rule 7 Issue of Public Notice.

Immediately after the publication of the preliminary notification referred to in sub-rule (1) or (3) of Rule 5, the Land Acquisition Officer shall issue a public notice in Form No. 4(a) stating that the land is needed or is likely to be needed for a public purpose and requiring all persons interested in the land to lodge before him a statement in writing of their objections if any to the proposed acquisition within 30 days of the last of the dates of the publication of such preliminary notification or the giving of such public notice whichever is later. The said notices shall be published at convenient places in the locality and copies thereof fixed up in the Taluk Office, Village Office and in the offices of the District Collector and Land Acquisition Officer.

(2)  As soon as the composite notification referred into sub-rule (2) or (3) of Rule 6 is published, the Land Acquisition Officer shall issue a public notice in Form No. 4(b). The said notice shall also be publish

S.Rule 8 Hearing of objections and further actions.

(1) If any objection is received from any person actually interested in the land within the period prescribed in Section 5A, the Land Acquisition Officer shall fix a date for hearing the objectors and give notice thereof in Form No. 4(c) to the objectors as well as to the requisitioning body with copies of the objections. The requisitioning authority may file on or before the date fixed for hearing a statement by way of answer to the objections and may also depute a representative to attend the enquiry.

(2) If the statement of objections is not filed within the prescribed period or if it is filed by a person who is not actually interested in the land, it shall be summarily rejected.

(3) On the date fixed for hearing or any date to which the hearing may be adjourned by the Land Acquisition Officer, the Land Acquisition Officer shall hear the objector or his pleader and the representative if any of the requisitioning body and record any evidence that may be pro

S.Rule 9 Publication of Declaration.

(1) On consideration of the objections and the report of the Land Acquisition Officer, if the Board of Revenue or the Government as the case may be, is or are satisfied that the land should be acquired, the declaration shall be approved after overruling the objections and sent up for publication in the Official Gazette as required under Section 6. One copy of the approved declaration with the records shall be returned to the Land Acquisition Officer for arranging the publication of the Draft Declaration in the newspapers as required under Section 6.

(2) If on the other hand the Board of Revenue or the Government as the case may be decides or decide to give up the acquisition a notification withdrawing from such acquisition shall be published by Government in Form No. 6.

(3) When the acquisition is for a public purpose other than for the purposes of the State Government or Central Government no declaration shall be published unless the requisitioning authority

S.Rule 10 Procedure for preparation of basis of valuation and valuation statement of the property under acquisition.

(1) As soon as the preliminary/composite notification is published the Land Acquisition Officer shall prepare a basis for valuation of the property under acquisition and forward the same to the District Collector for approval. In preparing the basis for valuation, the Land Acquisition Officer may obtain from the Offices of the Sub-Registrars concerned copies of available sale deeds of similar lands in the locality as on or immediately prior to the date of publication of the aforesaid notification and such other details as are found necessary. Buildings or structures under acquisition which are likely to cost more than Rs. 5,000 shall be got valued by the Engineer of the Public Works Department or by qualified Engineers of the requisitioning body at the rate prescribed by the Public Works Department, subject to the monetary powers given by Government to each grade of Engineers.

(2) Immediately after the basis for valuation is approved by the District Collector and the str

S.Rule 11 Notice to persons interested on the land.

(1) As soon as the revised sketches and area lists are received from the Superintendent of Survey and Land Records and the detailed valuation statement is approved by the District Collector, the Land Acquisition Officer shall cause public notice in Form No. 9(a) to be given at the convenient places on or near the land to be taken as required under sub-section (1) of Section 9.

(2) A notice in Form No. 9(b) shall be served on all the persons concerned in the manner prescribed in Section 45 and as required in sub-section (3) of Section 9.

S.Rule 12 Awards for compensation.

(1) As soon as the claims of the persons interested in the land are enquired into as contemplated in Rule 11 the Land Acquisition Officer shall prepare a draft award (in Form No. 10) and submit the same with all connected records.

 ²[(a) to the District Collector where the award does not exceed Rs. One crore.

 (b) to the Commissioner of Land Revenue where the award exceeds Rs. One crore but does not exceed Rs. Two crore.

 (c) to the Government in the concerned Department, where the award exceeds  Rs. Two crores.]

(2) As soon as previous approval is received the Land Acquisition Officer shall make an award in Form No. 10 and send one copy of such award to the District Collector for effecting necessary changes in the revenue records and one copy to the requisitioning authority. A copy of the award statement shall thereupon be sent to the Accountant General in Form 'A' in duplicate.

(3) No award

S.Rule 12A 3[Re-determination of the amount of compensation on the basis of the award of the Court.

(i) On receipt of an application under Section 28A from the persons interested within the stipulated period, the Collector shall conduct an enquiry after due notice to all the persons interested and after giving them a reasonable opportunity of beingheard, make an award re-determining the compensation payable to each applicant. The value of each sub-division shall be decided upon by the Collector. The applicability of the award of the Court and the rate of compensation to be awarded on re-determination have to be adjudicate, upon by the Collector taking into consideration all relevant acts and circumstances. Every award under Section 28A shall be supported by a note to award giving justification in passing such award.

(ii) The re-determined compensation shall not be less than the compensation originally awarded or shall not be more than the amount awarded by the Court. It shall not be more than the compensation originally claimed by the landowner.

(iii) Every

S.Rule 13 Notice of award and payment.

(1) immediately, after the award is made, the Land Acquisition Officer shall issue a notice of award in Form No. 10(b). The said notice shall be served on the awardees as well as other persons interested in the land in the manner prescribed in Section 45.

(2) In case the awardees or their authorised agents fail to appear and accept the award or fail to apply for a reference to Court under Section 18, the amount due shall be paid into the treasury as Revenue Deposit payable to the persons to whom it is respectively due and vouched for in Form E. A notice intimating the deposit of the amount into the Treasury shall also be served on all the awardees and interested persons in Form No.11.

(3) As soon as the payment or deposit of the award is completed, a subsidiary statement in Form 'B' showing the acceptance of award shall be sent to the Accountant General in duplicate.

(4) Where an award has been made by a Court under Section 25, a second award stat

S.Rule 14 Mode of payment of awards.

(1) The amount required for payment or deposit of the award shall not be drawn by the Land Acquisition Officer in cash. It shall be drawn in favour of the payee by means of printed and machine numbered 'D' form cheques to be obtained from the Treasury on proper indent through the District Collector.

(2) The payment relating to an award shall be made or the amount credited to Court or Revenue deposit within one month from the date of the award and in the case of an award made in the month of March it shall be paid or deposited before the end of the financial year.

(3) All payments into Courts for deposits shall be made by means of 'D' form cheques drawn in favour of the Presiding Officer of the Court payable by order of the Court to the credit of Civil Court deposits. In such case the Form 'D' cheques shall be accompanied with receipts in triplicate in Form 'F' duly filled up. The Presiding Officer shall retain one copy of the Form 'F' and return two copies to

S.Rule 15 Taking possession of land.

(1) The payment or deposit of the amount awarded shall not be effected unless the land is taken possession of.

(2) As soon as the award is made, the Land Acquisition Officer shall take over the property if not already taken and hand over possession of the same to the authorised representative of the requisitioning body under proper acknowledgement in the sketches and mahazars.

(3) For the purpose of taking over and handing over possession of the land a notice in Form No. 12 shall be served on all the parties interested in the land and an intimation given to the requisitioning authority in Form No. 13.

(4) Where any difficulty arises in obtaining surrender of property, the Land Acquisition Officer shall if he is not a Magistrate, apply to a Magistrate to enforce surrender of the property as required under Section 47. The Magistrate may issue a warrant to a Police Officer not below the rank of a Sub Inspector, for enforcing surrender of the land, if

S.Rule 16 Reference to Court.

Reference to Court under Section 18 or sub-section (3) of Section 28A or Section 30 of the Act shall be made by the Land Acquisition Officer in Form No. 15 supported by information in the prescribed schedule in Form Nos. 16 and 17:

 Provided that in the case of application presented to the Land Acquisition Officer for reference to Court it shall be referred within a period of six months from the date of receipt of the application.

S.Rule 16A

⁶[(1) Every application for reference to Courts under sub-section (1) of Section 18 and sub-section (3) of Section 28A of the Act shall be made in Form No. 22A, in triplicate, and shall be filed within the time limit prescribed for the purpose.

(2) As soon as the reference application is received, the Land Acquisition Officer shall make necessary entries in the Register in Form Nos. 21 and 23.

(3) One copy of the application shall be returned to the applicant duly acknowledging its receipt with the Office seal and dated signature of the Land Acquisition Officer, immediately on receipt. The other copies shall be used for reference to Court and for office records].

S.Rule 17 Cancellation or modifications of notification.

The authority competent to approve the notifications and declarations under these rules shall also be competent to cancel them or to modify them by issuing appropriate cancellation or erratum notification as the case may be.

S.Rule 18 Maintenance of Registers.

The following registers shall be maintained in all the offices dealing with land acquisition work.
 
(a) A special Register of Land Acquisition Cases in Form No. 19.

 (b)  An award Register in Form No. 20.

 (c) A register of Land Acquisition Suits in Form No. 21.

 (d) A register of claims made by interested parties in Form No. 22.

 (e) A register of reference applications filed by awardees in Form No. 23.

 ⁷[(f)  A register of applications for re-determination of compensation under Section 28A filed by persons interested in Form No. 10(aa)].

S.1

APPENDIX

(The Forms given in this Appendix may be used for the purposes mentioned therein with such variations as the circumstances of each case may require without affecting the substances thereof).

FORM No. 1

[See Rule 3]

In exercise of the powers conferred by Clause (c) of Section 3 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the Government of Kerala hereby appoint the officers specified in column (1) of the Schedule below to perform the functions of a Collector under the said Act within the area specified in column (2) thereof and under sub-section (2) of Section 4 of the said Act authorise them, their servants and workmen to exercise the powers conferred by the said sub-section in respect of any land within their respective jurisdiction for the acquisition of which a notification under sub-section (1) of Section 4 has been published.