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State of Kerala - Section

Section 11 in Kerala Land Assignment Rules, 1964

11. List of assignable land to be prepared.

- 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.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 of public purposes, other than those covered by the definition of 'poramboke' in the Kerala Land Conservancy Act;(iii)[ Lands required or likely to be required for any settlement scheme or any other scheme sponsored by the Government] [Substituted by G-O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.];(iv)Lands likely to be required for the present or future Governmentor public purposes;[xxxx] [Omitted by G-O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.](v)[ Lands on the sides of roads required for the widening of roads; lands within port limits or with in fifteen links (3.017 meters) on either side of stream; [xxxx] [Substituted by G.O.(P) 285/66/Rev. dated 17-5-1966 published in Kerala Gazette No. 22 dated 31-5-1966.] or within one chain (20.117 meters) of important irrigation channels without embankments or within twenty links (4.02 meters) of less important irrigation channels without embankments; or within fifteen links (3.017 meters) of irrigation channels with embankments [or within one hundred meters of the boundary of railway stations] [Substituted by Notification No. G.O. (P) 687/67/RD dated 30/12/1967, Published in K.G. Extraordinary No. 244 dated 30/12/1967]; or within two hundred yards (183 meters) of the boundary of airodromes and landing grounds; or land near sea coast [within 100 feet (30.480 meters) of the high water mark of the sea] [Substituted by G.O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.]].Note. - Land near sea coast [within 100 feet (30.480 meters)] [Substituted by G.O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.] of the high water mark of the sea may, however, be temporarily assigned as house sites for fishermen and also for purposes of casuarina [coconut] [Substituted by G.O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.] plantations and erection offish oil and fish guano factories beyond hundred yard (91.5 meters) from the high water mark].(vi)Lands required for colonisation purposes;(vii)Lands specially reserved for assignment to back-ward communities;(viii)Lands containing or believed to contain valuable minerals, quarriesetc; and(ix)Lands acquired for Government purposes but not required for suchpurposes.(x)[ Lands acquired for libraries and reading rooms] [Inserted by SRO 128/70 dated 20-3-1970 published in Kerala Gazette Extraordinary No. 99 dated 24-3-1970.].
(3)After setting apart the lands required for future Government or public purposes, as stated 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-service men] [Inserted by SRO 73/72 dated 14-02-1972 published in Kerala Gazette Extraordinary No. 109 dated 15-02-1972.]:Provided that-
(i)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 there of 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;
(iii)in the assignment of lands for house sites in sea coast villages, priority shall be given to landless fishermen in respect of lands which are situated beyond [one hundred feet] [Substituted by G.O. (P) 687/67/RD dated 30-12-1967 published in Kerala Gazette Extraordinary No. 244 dated 30-12-1967.] 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; [xxxx] [Omitted by SRO 73/72 dated 14-2-1972 published in Kerala Gazette Extraordinary No. 109 dated 15-2-1972.]
(5)Lands held of leases with or without limit of time including leases, under Kuthakapattam rules, shall also be taken into consideration for purposes of registry.
(6)The lists of lands to be reserved for Government or public purposes, and the lists of land 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 after 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 license shall be finally approved by the District Collector without reference to the Board of Revenue or the Government.
(8)Application for assignment of land shall be made to the Tahsildar in the Form in the Appendix IV to these Rules. Each such application shall bear court fee stamp of the value of Rs. 75p:Provided that applications for assignment of land under clause (Mi) of the provision to sub-rule (3) of Rule 5 shall be made to the District Collector and each such application shall bear a court fee stamp of the value of Rs. 2.[Note. [Substituted by G.O.(P) 285/66/Rev. dated 17-5-1966 published in Kerala Gazette No. 22 dated 31-5-1966.] - Applicants belonging to Schedule Castes and Tribes and serving military personnel shall be exempt from affixing stamp on their applications].