Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Kerala - Section

Section 12A in Kerala Land Assignment Rules, 1964

12A. [ [Inserted by G.O. (P) 331/68/Rd. dated 21-6-1968 published in Kerala Gazette Extraordinary No. 137 dated 22-6-1960.]

(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 Legislative Assembly representing the Taluk or any part of the Taluk.
(2)[(a) The President of the concerned Grama Panchayat and the Block Panchayat and the members representing the concerned area in the District Panchayat].
(3)One Harijan member to be nominated by the Government.
(4)The Tahsildar of the Taluk.
(5)The Special Tahsildar or the Special Tahsildar for Assignment, if any, of the Taluk,
(iii)The Tahsildar of the Taluk (or the Special Tahsildar for Assignment, if specially ordered so by the District Collector in respect of any Committee) shall be the Convener of the Committee and shall preside over the meeting of the committee.
(iv)Not less than [1/5] [Substituted by SRO 21/69 dated 13-1-1969 published in Kerala Gazette Extraordinary No. 9 dated 13-1-1969.] of the total number of members of the Committee shall constitute the quorum for the meeting of the committee.
(v)The committee shall consider application for assignment of land on registry for personal cultivation or house sites. Only those lands which are listed as available for assignment under Rule 11 of the Kerala Land Assignment Rules, 1964. shall come within the purview of the Committee. The Tahsildar shall place before the Committee all applications for registry of land of the aforesaid category, along with the relevant records of enquiry under Rule 12. After consideration of the application as also the records of enquiry, particularly, the objections or claims if any, the committee shall give their advice strictly according to the preference stated in the rules as to the persons to whom the particulars lands may be assigned. The Committee will indicate the survey number, extent and such other particulars as are necessary to identify the lands are proposed to be assigned in each case. The assignment of lands to institutions, companies, for commercial purposes and for schemes will be outside the purview of the Committee.
(vi)The advice of the committee supported by not less than 3/4 of the members present shall be accepted and given effect to by the Tahsildar, In cases where the Committee fails to reach the decision as aforesaid with the required majority, the Tahsildar shall assign the land according to rules].
(via)[ Notwithstanding anything contained in sub-rules (iv), (v) and (vi), if at any meeting there is not sufficient number of members present to form the quorum, the Tahsildar or the Special Tahsildar, as the case may be, shall assign the lands, the applications for assignment of which were proposed to be placed before the Committee at the meeting, according to rules] [Inserted by SRO 883/78 dated 7-8-1978 published in Kerala Gazette No. 39 dated 26-9-1978.].
(vii)Provisions relating to appeals and revisions will apply to all cases of assignment resorted to on the advice of the Land Assignment Committee also.
(viii)The Committee shall have right to bring to the notice of the Tahsildar any case of assignment in the past to persons who are not eligible according to rules within a period of two years from the date of the final order assigning the land on registry. Such case together with the records, if any, are to be placed before the Committee for its consideration, and if the committee recommends cancellation of such assignment, the Tahsildar shall forward the records together with the recommendation of the Committee to the Board of Revenue for its decision,
(ix)The members of the Committee shall not be given any travelling allowance or daily allowance in connection with their sittings.]
Leases and Licences