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Manipur Land Revenue And Land Reforms (Leasing Out Of Government Land) Rules, 2022

Manipur Land Revenue And Land Reforms (Leasing Out Of Government Land) Rules, 2022

Manipur Land Revenue And Land Reforms (Leasing Out Of Government Land) Rules, 2022

 

[14th February 2023]

In exercise of the powers conferred under Section 168 read with Section 4A of the Manipur Land Revenue and Land Reforms Act, 1960 (Manipur Act No. 33 of 1960), the Governor of Manipur is pleased to make the following rules, namely:

Rule - 1. Short title and commencement

(1)     These rules may be called the Manipur Land Revenue and Land Reforms (Leasing out of Government Land) Rules, 2022.

(2)     These rules shall come into force from the date of their publication In the Official Gazette.

Rule - 2. Definition


In these rules, unless the context otherwise requires: -

(i)       "Act" means the Manipur Land Revenue and Land Reforms Act, 1960 and

(ii)      "Government" means the State Government of Manipur,

(iii)     "Government land" means khas land.

Rule - 3. Power of the Government to lease out land

(1)     The Revenue department shall have the power to lease out Government land for the purpose of industry or for any purpose of public utility to the following entities:-

(i)       Any individual;

(ii)      Any company as defined under the Companies Act, 2013;

(iii)     Any firm as defined in the Indian Partnership Act, 1932, and shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008;

(iv)    Government Sector undertaking Company/Body;

(v)      Any local authority;

(vi)    Any society as defined under the Manipur Societies Registration Act, 1989;

(vii)   Every artificial juridical person, not falling within any of the preceding sub-clauses;

(viii)  Any entity as above constituted under a Public Private Partnership.

(2)     Sub-rule (1) above shall be subject to the following conditions: -

(i)       Lease fee, rent and land revenue: -

(a)      For profit-oriented activities, the lease fee shall be 10% of the total value of the land or Rs. 50,000/- per acre whichever is higher or as decided by the Government The monthly rent fee shall be Rs. 10,000/- per month per acre in rural areas and Rs. 20,000/- per month per acre in urban areas or as decided by the Government. Land revenue shall be paid by the lessee as per prevailing rate of land revenue.

(b)      For non-profit oriented activities, lease fee shall be the amount equivalent to land revenue of the leased period. Land revenue shall be paid by the lessee as per the prevailing rate of land revenue

(c)      The monthly rent fee in any case may be reviewed every three years.

(d)      Notwithstanding the above, the lease fee and monthly rent may be decided by the Government on case-to-case basis in the case of tease to an entity constituted under a Public Private Partnership.

(ii)      Lease Period: - The tease period shall be for a period of a minimum of 10 years but not more than 30 years.

(iii)     Renewal: - Lease may be renewed from time to time on mutual agreement between lessor and lessee.

(iv)    The lessee shall not mortgage the teased land for purpose of loan or for availing any financial assistance from banks or financial institutions.

(v)      The lessee shall not sublet any portion of the leased land for any purpose without the approval of the Government.

(vi)    Ownership: - Under no circumstances, ownership of land shall be transferred to any entity without approval of the Government.

(vii)   The Deputy Commissioner concerned or Director, Settlement & Land Records, Manipur shall execute the lease deed with the lessee.

(viii)  The lease may be terminated before the expiry of the lease period by serving notice by either party of a period of a minimum of 3 months and maximum of 6 months.

(ix)    In the case of default in payment of rent fee for 12 (twelve) consecutive months without any reasonable cause, the lease shall stand terminated on the day of completion of such period of default.

(x)      The lessee shall not engage in any activity other than for the purpose specified in the lease agreement.

(xi)    For leasing of land situated within the Greater Imphal area, the approval of the Cabinet Sub-Committee constituted for the purpose of allotment of land shall be required.

(xii)   Any legal dispute arising out of the lease agreement shall be decided by the competent court in which the jurisdiction of the land lies.

(xiii)  The lessee shall abide by the bye-laws, rules and regulations of the local authorities in respect of the leased land.

(3)     Notwithstanding the above, the Government shall have power to relax any of these rules.