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State of Kerala - Section

Section 10 in Kerala Land Assignment Rules, 1964

10. Land value and other dues to be paid.

(1)For the assignment of lands under [clause (ii)] [Substituted G.O. (P) 285/66/Rev. dated 17-05-1966 published in Kerala Gazette No. 22 dated 31-5-1966.] of the proviso to sub-rule (3) of rule 5, for the land in excess of the limit specified in clause (ii) of the said proviso, the assignee shall be liable to pay-
(i)the value of the land, where the land is held on lease, whether current or time expired; and
(ii)one-and-a half times of the value of the land, where the land is held by way of encroachment.
Explanation. - (i) For purpose of this sub-rule "value of the land" shall mean the value of the land without improvements effected by the lessee or the encroacher, as the case may be;
(ii)in determine the value of the land for the purposes of this sub-rule, the District Collector shall have due regard to the value of similar lands without improvements situated in similar locality.
(2)In cases other than those falling under sub-rule (1), the assignee, on registry, shall be liable to pay the land value at the following rates:-
Dry land - [Rs. 1000 (Rupees One thousand only) per acre/40.47 ares).] [Substituted for the figure 'Rs. 500 (Rupees five hundred only)' by Notification No. G.O. (P) No. 223/92/RD dated 28/04/1992, published in K.G. Extraordinary No. 508 dated 30/04/1992 as S.R.O. No. 502/92.]
Wet land (including lands reclaimed from rivers,canals, only) backwaters, or the sea) [Rs. 1000 (Rupees One thousand per acre/40.47ares] [Substituted for the figure 'Rs. 500 (Rupees five hundred only)' by Notification No. G.O. (P) No. 223/92/RD dated 28/04/1992, published in K.G. Extraordinary No. 508 dated 30/04/1992 as S.R.O. No. 502/92.]
Grass land including waste [Rs. 200 (Rupees two hundred lands only) peracre/40.47ares] [Substituted for the figure 'Rs. 100 (Rupees one hundred only) per acre/40.47 area' by Notification No. G.O. (P) No. 223/92/RD dated 28/04/1992, published in K.G. Extraordinary No. 508 dated 30/04/1992 as S.R.O. No. 502/92.]
The assignee shall also be liable to pay the value of the trees, plants and vines if any, specified in Parts A and B of Appendix III to these rules standing on the land [at the time of assignment] [Inserted by S.R.O. No. 41/70 dated 21/01/1970, published in K.G. Extraordinary No. 34 dated 21/01/1970] at such rates as may by order, be specified by the Government and subject to the following conditions:-
(a)[ No value shall be charged in respect of trees the girth of which is 90 c.m. or less at breast height] [Substituted by SRO 281/70 dated 9-7-1970 published in Kerala Gazette Extraordinary No. 201 dated 9-7-1970.].
(b)[ If the assignee was already in occupation of the land and he or his predecessor 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 his predecessor in occupation as are specified in Part B of Appendix III to these rules] [Substituted by SRO 281/70 dated 9-7-1970 published in Kerala Gazette Extraordinary No. 201 dated 9-7-1970.],
(c)If the assignee is not agreeable to pay the tree value as specified in clause (a), in respect of trees specified in Part A of Appendix III, to the Tahsildar shall dispose of, in public auction, the trees growth [which is not allowed free to the assignee under that clause] [Inserted by SRO 180/75 dated 24-2-1975 published in Kerala Gazette Extraordinary No. 103 dated 25-2-1975.].
(4)[ In cases falling under sub-rule (2) or rule 9, the cost of survey and demarcation shall be recovered from the assignee at the following rates, namely:-
(i)In Taluks where resurvey work has been completed or is in progress, the maximum rate of survey charges per hector arrived at during resurvey for the area so far completed under resurvey; and
(ii)In Taluks where resurvey has not been taken up, maximum rate of survey charges as per resurvey in the nearest taluk in the District where resurvey has been completed.
(5)No land value, survey and demarcation charges and arrears of assignment shall be recovered from the assignee belonging to the Scheduled Castes or Tribes.] [Substituted by SRO 1141/75 dated 1-12-1975 published in Kerala Gazette Extraordinary No. 714 dated 2-12-1975.]Machinery And Procedure for Granting Registry