Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- 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 24 in Kerala Land Assignment Rules, 1964

24. [ Powers of Government. [Substituted by G.O. (P) 698/Rev. dated 20-12-1966 published in Kerala Gazette No. 51 dated 27-12-1966.]

- Notwithstanding any thing contained in these rules the Government may, if they consider it necessary so to do in public interest, assign land dispensing with any of the provisions contained in these rules and subject to such conditions, if any, as they may impose].[x x x] [Deleted by SRO 643/73 dated 15-10-1973 published in Kerala Gazette Extraordinary No. 1060 dated 22-10-1973.]Appendix I[See Rule 9(1)]Form of Order of Assignment on RegistryShri/Smt..................of..............village is informed that his/her application for the land/lands described in the schedule appended to this order has been accepted and that the above land/lands is/are assigned to him/her on registry subject to the following conditions:-
(1)[ That the land/lands shall be heritable and alienable.That the lands shall be heritable, but shall not be alienable for a period of three years from the date of registry:Provided that the assignee may mortgage such lands-(a) to the Government or Co-operative institutions or the Tea Board, or the Rubber Board, as security for obtaining loans for agricultural or land improvement purpose or for growing tea or rubber, and (b) to the Government or co-operative institutions as security for obtaining loans for house construction under the Village Housing Project Scheme or any other housing schemes sponsored by the Government, if such house is required for the occupation of the assignee or his family.] [Substituted by SRO 284/71 dated 3-8-1971 published in Kerala Gazette Extraordinary No. 346 dated 6-8-1971.]
(2)That the assignee or any member of his/her family or successor in interest shall reside in/cultivate the land and such residence/cultivation shall commence effectively within a period of one year from the date of receipt of patta [x x x] [Omitted by No. 41/70 dated 21-1-1970 published in Kerala Gazette Extraordinary No. 34 dated 21-1-1970.]
(3)That the registry shall be liable to be cancelled for contravention [condition (1) or (2)] [Substituted by SRO 284/71 dated 3-8-1971 published in Kerala Gazette Extraordinary No. 346 dated 6-8-1971.] above and also for the conditions specified in the patta [x x x] [Omitted by No. 41/70 dated 21-1-1970 published in Kerala Gazette Extraordinary No. 34 dated 21-1-1970.]
(4)That the registry shall also be liable for cancellation if it be found that it was grossly inequitable or was made under a mistake of facts or owing to misrepresentation of facts or in excess of the limits of the powers delegated to the assigning authority or that there was an irregularity in the Procedure.
(5)That in the event of cancellation of the registry, the assignee not be entitled to compensation for any improvements he/she may have made on the land.
(6)[ That in case where registry is made subject to survey and demarcation of the extent assigned, the extent noted in the patta shall be subject to revision, if any, found necessary after survey and demarcation is completed] [Substituted by No. 41/70 dated 21-1-1970 published in Kerala Gazette Extraordinary No. 34 dated 21-1-1970.].
(7)The cost of survey and demarcation shall be recovered from the assignee at the following rates.
(i)Survey charges at.....
(ii)Demarcation charges at.............
(8)That the assignee shall be liable for the payment of the full assessment charged on the land with effect from the year in which the patta is issued. [In, cases where patta is issued pending survey and demarcation,] [Substituted by SRO 41/70 dated 21-1-1970published in Kerala Gazette Extraordinary No. 34dated 21-1-1970.] the liability for land revenue or any tax or fee levied in lieu thereof shall arise from the year in which it is issued and any difference in the tax consequent on the charge in extent after survey and demarcation, shall be adjusted to future land revenue or any tax or fee levied in lieu thereof due from the assignee if it is in excess of the tax due or be collected from the assignee straight away if it is less than tax due.
(9)That the land shall be subject to all local taxes and local rates payable by law or custom.
(10)[ That the assignee shall be liable to pay the arrears if any due to Government as prescribed in Rule 9(3) of these rules and as shown in the Schedule.] [Substituted by G. O. (P) No. 394/Rev. published in Kerala Gazette No. 30 dated 26-07-1966.]
(11)That the assignee shall be liable to pay land value at the rate prescribed in Rule 10 of the Kerala Land Assignment Rules, 1964 and as shown in the schedule.The assignee shall also be liable to pay the value of trees, plants or vines if any, specified in parts A and B of Appendix III attached to the Land Assignment Rules standing on the land [at the time of assignment] [Inserted by S.RO. 696/74 dt, 23-08-1974 published in Kerala Gazette No.39 dated 24-09-1974.], at such rates as may be specified by Government.
(11A)[ That the assignee shall also be liable to pay to the Kerala Land Development Corporation Limited the cost or the proportionate cost as the case may be, of the land development work, if any, executed on the land by the Kerala Land Development Corporation with interest thereon.] [Inserted by SRO 594/76 dated 25-05-1976 published in Kerala Gazette No. 23 dated 08-06-1976.]
(12)[ That the assignee shall not be liable to pay tree value in respect of trees the girth of which is 90 cm. or less at breast height, but in cases where the girth of trees at breast height exceeds 90 cm. tree value shall be charged and collected. If the assignee was already in occupation of the land and he or his predecessors in occupation has planted trees etc. thereon, no tree value shall be charged in respect of such of those trees, etc., planted by him or by his predecessor in occupation as are specified in Part B of Appendix III to these rules.] [Substituted by SRO 696/74 pub.in Kerala Gazette No. 39 dated 24-09-1974.]
(13)[ That, if the assignee is not agreeable to pay the tree value as specified in condition (12) in respect of trees specified in Part A of Appendix III, the Tahsildar shall dispose of such trees in public auction] [Substituted by SRO 696/74 pub.in Kerala Gazette No. 39 dated 24-09-1974.]
(13A)[ That the title to the land shall not pass to the assignee until he remits the land value and tree value payable in respect of the land, the arrears of tax, if any, due in respect of the land and other charges due from him.] [Inserted by SRO 85/70 dated 25-02-1970 published in K.G- Extraordinary No.71 dated 02-03-1970.]
(14)That, if the assignee does not remit the land value, tree value arrears of assessment, etc. within three months from the date of sanctioning registry, I[or such other period as may be allowed by the Tahsildar] [nserted by SRO 1141/75 published in Kerala Gazette Extraordinary No. 714 dated 02-12-1975.] [xxxx] [Omitted by SRO 180/75 dated 24-02-1975 published in Kerala Gazette Extraordinary No. 103 dated 25-02-1975.] the registry shall be cancelled, the occupants evicted, the land resumed and reassigned to other eligible families.
(15)That no land value and survey and demarcation charges shall be recovered from the assignee belonging to Scheduled Castes and Scheduled Tribes [xxxx] [Omitted by G.O. (PJ 285/66/Rev.dated 17-05-1996.]
(16)mat the existing and customary rights of Government and public in roads and paths and rivers, streams and channels, running through or bounding the land, and the right of Government to a share in mines and quarries subjacent to the said land are reserved and are no way affected by the grant.
(17)[ Arrears of assignment dues shall bear interest at [6 percent per annum] [Inserted by SRO 180/75 dated 24-02-1975.]].
Schedule of land
District Taluk Village Sy. No Extent Boundaries[Hectare (Ares)] [Added by G.O.(P) 285/66/Rev. pub, in Kerala Gazette No. 22 dated 31-05-1966.] Assessment (Land Revenue)Rs, P.
Survey and demarcation Charges Land value Tree value Arrears due as per Rule due 9(3) of the Rules Total amount
Rs. P Rs. P Rs. P Rs. P Rs. P
Signature and designation of the Assigning authorityPlace: Date:DeclarationI declare that I shall hold the grant subject to the conditions specified above and shall abide by the rules which are now in force or may hereafter be issued by Government in regard to registry of lands.Signature of Assignee.[* Strike out Whichever is not applicable.] [Inserted S.R.O. 284/71 dated 03-08-1971 published in Kerala Gazette Extraordinary No. 346 dated 06-08-1971.]