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State of Kerala - Section

Section 52 in Kerala Land Reforms (Tenancy) Rules, 1970

52. Letting of lands abandoned or surrendered.

(1)Where the Tahsildar takes possession of any land under Rule 51, he shall take immediate steps to lease out such land and if for any reason such land cannot be SO leased out, he shall make arrangements to cultivate or otherwise make use of the land.
(2)The Tahsildar shall invite applications for leasing out the land taken possession Of by him under Rule 51.
(3)The notice calling tor applications shall be in Form No. 20.
(4)The publication of the notice shall be made by beat of drum in the village in which the land is situate and also by affixture on the notice boards of the concerned Taluk office, office of the local authority and the village office and at the site of the land to be leased out.
(5)The notice shall also be published in a newspaper having circulation in the area.
(6)Copies of the notice shall be sent to the local authority concerned and to all District Officers.
(7)The Tahsildar shall also ascertain whether the land is required for any public purpose.
(8)The application for lease shall be made to the Tahsildar in Form No. 21.
(9)The Tahsildar may, after conducting such enquiry as he may deem necessary, pass orders on the applications, sanctioning the lease in favour of any applicant, taking into consideration his eligibility therefor.
(10)The lease of land surrendered or abandoned shall, as far as practicable, be made to the categories of persons and in the order of preference mentioned below:-
(a)Government Departments requiring land for any public purpose:
(b)Local authorities if they require the land for any public purpose:
(c)Kudikidappukars in the land surrendered or abandoned;
(d)Landless agricultural labourers belonging to the Scheduled Castes or the Scheduled Tribes in the village or adjacent villages;
(e)Other landless agricultural labourers In the village or adjacent villages;
(f)Cultivators whose holdings do not exceed five acres;
(g)Other persons whose annual income does not exceed one thousand and five hundred rupees;
Provided that in leasing the lands, preference shall be given to Ex-servicemen belonging to the respective classes over others.
(11)No person shall be eligible for lease of more than five acres in extent and where a person possesses any land, only so much land as will make the total of extent of land in his possession five acres shall be leased to him.
(12)The reasons for sanctioning the lease in favour of any applicant and rejecting the other applications shall be recorded clearly in writing.
(13)The person or the Department or the local authority to whom the land is leased shall execute the necessary lease deed with the Government,
(14)The lessee shall be liable to pay fair rent as determined under the Act to the landlord from the date of his induction into the land, and he shall, immediately on being inducted into the land, get the fair rent of the holding fixed by the Land Tribunal concerned.
(15)The Tahsildar shall maintain a register in Form No. 22 for entering the details of Sand taken possession of and leased out under this rule, separate pages being set apart in such register to note the details of each case.Purchase of landlords rights by cultivating tenant(Section 54)