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State of Kerala - Section

Section 5 in Kerala Land Assignment Rules, 1964

5. Maximum limits 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-
(a)in the case of unoccupied lands, not more than one acre of land whether wet or dry, in the plains and not more than 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, not more than one acre of land, whether wet or dry, in the plains and not more than one acre or wet land or three acres of dry land in hilly tracts;
(ii)where there are valuable improvements effected on the land by the occupant, not more than [two acres of land wet or dry] [Substituted by G.O. (P) 331/68/RD dated 21-6-1968 published in Kerala Gazette Extraordinary No. 137 dated 22-6-1968.] in the plains and not more than two acres of wet land or four acres of dry land in hilly tracts;
Note. - In the case of occupied lands and lands held on lease, whether current or time expired, or by way of encroachment not considered objectionable, where the occupant has not effected valuable improvements on the lands, one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land, and one acre of wet land in the hilly tracts shall be deemed to be equivalent to three acres of dry lands; and in the cases of lands held on lease whether current or time expired or by way of encroachments not considered objectionable where the occupant has effected valuable improvements on the lands, [one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land and one acre of wet land in the hilly tracts shall be deemed to be equivalent to two acres of dry land] [Substituted by G.O. (P) 331 /68/RD dated 21- 6-1068 published in Kerala Gazette Extraordinary No. 137 dated 22-06-1968.].
(2)When a family owns or holds any land over which it has proprietary right or has security or tenure, only the balance of extent of Government land necessary to make up the extent admissible under sub-rule (1) shall be granted to it on registry.Explanation. - For the purpose of this rule.-
(i)the following Taluks and villages shall be treated as hilly tracts-
(a)[ 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] [Substituted by SRO 424/68 dated 12/12/1968 published in Kerala Gazette Extraordinary No. 279 dated 17-12-1968.].
(b)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.
(c)[ Varavoor, Pilakad, Mullurkara, Attur, Nedumpra, Cheruthurithy, Desamangalam, Pullur, Panjal, Painkulam, Kanjirakode, Kumaranellur, Enkakkad, Karumathara, Virupakka, Thekkumkara, Manalithara, Paralikkad, Wadakkanchery, Venganellur, Killimangalam, Chiramannangad, Vallarakad, Kadangode, Peringanur, Minalur, Puthuruthi, Mundathicode, Eyyal, Vellanttanjur, Chiranellur, Trichur, Arangottukara, Thalassery, Kottapuram, Chitanda, Velur, Thavyur, Kiralur, Kariyannur, Nelluvaya, Thonnurkara, Pulacode, Chelakkara, Kurumala, Pangarapilly, Kondazhi, Mayyannur, Elanad, Vennur, Pazhayannur, Vadekkathara, Chelacode, Thiruvilwamala, Kanearcode, and Pampadi, villages in Talappilly Taluk; Murinjur Thekkumuri, Murinjur Kizhakkumuri, Melur, Pariyaram, Elinjipara, Kodakara, Kodassery, Varandarapilly, Mupilayam, Nandipulam, Mattathur, Amballur, Kallur and Thrikkur Villages in Mukandapuram Taluk;Panachery Vellanikara, Madakkathara, Nettisery, Ollukara. Kozhukully, Viyur, Vilvattom, Kuriachikara, Kilannur, Kolazhy, Kainur, Mulayam, Puthur and Mannamagalam Villages in Trichur Taluk in the District of Trichur. [Inserted by G.O. (P) 338/68/RD dated 24-06-1968 published in Kerala Gazette Extraordinary No. 141 dated 25-06-1968.]
(d)The entire South Wynad Taluk in the District of Kozhikode.
(e)Anikad, Kottangal, Perumpatty, villages in Thiruvella Taluk in the District Alleppey]
(f)[ The entire North Wynad Taluk, Bayar, Kadamerkala, Kumbadaje, Ubrangala, Nettanije, Bellurn, Bedadka, Bendadka, Adoor, Delarnpady, Abhur, Karbka, Muliyar, Kuttikode, Kolathur, Vorkady, Heroor, Paivalike, Chippar, Pathur, Kadlamogru, Talakala, Meenja. Kuloor, Mugu, Angadimogru, Badoor, Maire, Enmakaje, Padre, Kattukkukke, Bala and Pordal villages in Kasargode Taluk; Panathady, West Eleri, Meloth, Easr Eleri, Kinanur Karnidalam. Beloor, Kayyur, Kilaikode, and Thimiri villages in Hosdurg Taluk; Eruvassi, Thedikadavu, Neduvil, Padiyoor, Kalliyad, and vayakkara villages in Taliparamba Taluk in the District of Cannanore] [Substituted by SRO 171/70 dated 17-4-1970 published in Kerala Gazette Extraordinary No. 132 dated 20-4-1970.]
(g)[ Kunnathukal A and B and Ottasekharamangalam A and B Villages in Neyyatinkara Taluk; Palode B, Aryanad B and Mannoorkara Villages in Nedumangad Taluk in District of Trivandrum] [Substituted by SRO 424/68 dated 12-12-1968 published in Kerala Gazette Extraordinary No. 279 dated 17-12-1968.].
(h)[ Perinad, Chethkal, Konni, Vadesserikara, Malayalapuzha, Konnithazham and Iravom Villages in Pathanamthitta Taluk; Chithra and Ittava Villages in Kottarakara Taluk, Piravathoor, Edarnon, Ariancavu, Kulathupuzha, Yeroor and Alaymon villages in Pathanapuram Taluk and Koodal, Kodurnon and Enadimangalarn villages in Kunnathur Taluk in the District of Quilon] [Substituted by SRO 103/69 dated 1-3-1969 published in Kerala Gazette Extraordinary No. 69 dated 7-3-1969.];
(i)[ 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] [Inserted by SRO 424/68 dated 12-12-1968 published in Kerala Gazette Extraordinary No. 279 dated 17-12-1968.].
(ii)[ "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 byway of construction of buildings. [Substituted by G.O. (P) 338/68/RD dated 24-06-1968 published in Kerala Gazette Extraordinary No. 141 dt, 25-6-1968.]
(iii)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 shall be taken into account. Assignment made 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 family shall, for the purpose of these rules, be deemed as the area under encroachment by the family].