[1][THE KANDUKRISHI LAND
ASSIGNMENT RULES, 1958 In exercise of the powers conferred by
Section 7 of the Travancore-Cochm Government Land Assignment Act, 1950 (Act
XXXIII of 1950) the Government of Kerala hereby make the following Rules for
the assignment of Kandukrishi lands, namely:- Rules of Assignment
on Registry of Kandukrishi Lands These rules may be called the Kandukrishi
Land Assignment Rules, 1958. They shall come into force at once. Kandukrishi Land means land covered by the
Kandukrishy Proclamation, 1124 (1949) and includes Kandukrishi, pattom land,
and Kandukrishi Thanathu land. [2][Pattom means the
pattom for the year immediately preceding 1st October, 1958 and when
prohibitory assessment has been levied, pattom for the year immediately
preceding such levy] Pattadar means holder of Kandukrishi pattom
land. Lessee means lessee of Kandukrishi Thanathu
land. Tahsildar means Taluk Tahsildar and includes
an Officer appointed by the Government to execute the powers of a Tahsildar
under these Rules. (a)
Kandukrishi
lands shall be assigned on registry in accordance with the following provisions
subject to payment to me Government of compensation equal to [3][81/3]
times the pattom in rural areas and 25 times the pattom in Municipal or
Corporation areas: [4][Provided the whole
or any portion of the land is not required for any future Government or public
purposes. Where the Tahsildar is of opinion that any land is required for any
future Government or public purposes, he shall obtain the orders of the
Collector for the reservation of such land. The party will however be allowed
to continue its occupation as on lease under the new Land Assignment Rules,
dated 18th October 1958 till it is actually resumed by Government for the
Government or public purpose]. (b)
Compensation
shall be paid in nine equal annual installments. The assignees may however pay
up the compensation in a lump if they so prefer. (c)
For
the purpose of fixing compensation the commutation rate for paddy shall be
fixed at [5][Rs.
1.25 per para]. (1)
Kandukrishi
pattom land shall be registered in the name of the [6][xxxx]
pattadar, or if there has been outright assignment in whole or in part by the
pattadar, in the name of the assignee to the extent necessary [7][or
if there has been a partition of the land or inheritance by succession or
acquisition of title by decree of court, in the name of the person deriving
title as per such partition or succession or decree]. (2)
Mortgagees
or lessees from pattadars of pattom lands or their assignees or representatives
will continue to enjoy the existing rights even after assignment. [8][(3) Notwithstanding
anything contained in sub-rule (1), where a lessee or sub-lessee is in
possession of Kandukrishy Pattom land and the pattadar or any other person
entitled to assignment on registry under sub-rule (1) has not filed an
application for such assignment before the date specified in sub-rule (a) of
rule 10, the land shall, subject to the provisions of sub-rule (c) of rule 10,
be registered in the name of such lessee or sub-lessee, as the case may be]. [9][(1) Subject to the
provisions of sub rule (2) Kandukrishi Thanathu land shall be registered in the
name of the lessee; [10][and
if there has been a partition of the land or inheritance by succession or
acquisition of title by decree of court, in the name of the person deriving
title as per such partition or succession or decree]. [11][(2) (a)] Where a
lessee has transferred the possession of thanathu land to another person whether
by sale, sub-lease, Otti, mortgage or any other transaction under a registered
document 10[xxxx] the land shall be registered in the name of
such transferee. [12][(b) in the case of
thanathu lands involved in civil suits, such lands shall be registered in the
name of the person, or persons deriving title according to the final decisions
in such civil suits. [13][xxxx]:] Provided that no land, exceeding ten acres in
extent, shall be registered under sub-rule (1) or sub rule (2) in the name of
one person: Provided further, where the thanathu land
exceeds ten acres in extent the person entitled to registry under this rule may
choose the ten acres of land which is to be registered in his name. (3) To enable a
person for registry the excess over ten acres shall be surrendered. Where persons entitled under these rules to
the assignment on registry of any Kandukrishy land do not apply of such
assignment [14][as
required by [15][sub-rule
(a) of sub-rule (c) of rule 10] or where no one is entitled to assignment under
these rules such land shall be disposed of by public auction, and the upset
price at such auction, shall be equal to the amount of compensation payable in
respect of such land under rule 4].][16] No registry will be sanctioned until the
applicant has completely paid up the amount of compensation. In cases where the
compensation is paid in installments, the registry shall be deemed to be
completed and patta issued only on payment of entire compensation. The
proprietary right on the land shall vest in the Government until the entire
compensation is paid. Where any installment is not paid on the due
date interest at 5 per cent per annum shall be charged on the defaulted
installment. If payment of three consecutive installments are defaulted the
conditional order of assignment under Rule 15(b) shall be cancelled and the
installment or installments already paid shall be forfeited to the Government.
Notificationce of cancellation and forfeiture shall be served on the applicant.
The land shall then be disposed of in public auction or otherwise. All lands disposed of under these rules shall
be subject to basic tax on completion of the registry. Notwithstanding anything
contained in these rules the pattom payable for the lands for the period
beginning from 1st April 1955 till the completion of the registry shall be
limited to amounts calculated at the rate of basic tax in force from time to
time that would have been leviable on such lands during the period. All amounts
paid by way of pattom in excess of the basic tax for the period beginning from
1st April 1955 till the completion of the registry shall be adjusted towards
compensation to be paid to the Government][17]. (a)
Application
for assignment of Kandukrishi land shall be in form C appended to these rules
and shall be presented to the Tahsildar within whose jurisdiction the land is
situated before the 31st December, 1965. Notwithstanding the filing of any
application on or after the 30th September, 1964, a Iresh application as
provided in this sub-rule shall be filed before the 31st December 1965. Failure
to apply before 31 st December, 1965 will result in the land being sold in
public auction. (b)
Without
prejudice to the generality of the provision in sub-rule (a), the Tahsildar
concerned shall verify the records and serve on the holders of lands who failed
to apply before 30th September, 1964, individual Notificationce in form D
appended to these rules. Such service of Notificationce shall be made as early
as possible and shall in any case be completed before 31st October, 19651. [18][(c) Notwithstanding
anything contained in sub-rule (a), lessees and sublessees entitled to
assignment on registry under sub-rule (2) of rule 5 may apply for such
assignment to the Tahsildar on or before 31-12-1970].][19] The Tahsildar shall issue a Notificationce in
the form A: appended calling for claims and objections in respect of registry
of the land within 15 days from the date of the Notificationce. The
Notificationce shall be published in the Taluk and Village Offices and served
on the applicant in the manner prescribed for proceedings under the Revenue
Recovery Act for the time being in force. On the expiry of the time limit specified in
the Notificationce for filling claims and objections, the Tahsildar shall
conduct enquiries in regard to the area and boundaries of the land and the
applicants title over it and also the claims and objections received by him and
record his decision thereon. If the land applied for forms part of a
Kandukrishy holding for which no sub-division has been effected or separate
patta issued, action as provided for in the Pokkuvaravu Rules of 1921 shall be
taken][20]. If the Tahsildar finds the assignment of land
unobjectionable, he shall issue an order to the applicant offering registry of
the land and fixing the amount oi compensation, payable in respect of the land
under rule 4. The order shall also specify a period of one month as the time
limit within which the applicant shall accept the offer and pay the
compensation. The Tahsildar may extend the period specified in the order by
periods not exceeding 15 days at a time subject to a total of one month. The
order shall be served on the applicant in the manner prescribed for proceedings
under the Revenue Recovery Act for the time being in force. In cases where the parties fail to accept the
offer within the period allowed under rule 14 or after accepting the offer do
not pay the entire compensation in a lump or apply for payment in installments
and execute the agreement as provided for in rule 15(b), the order offering
registry shall be cancelled and Notificationce of cancellation served on the
parties concerned. The land shall then be taken possession of and disposed in
public auction: Provided that if the applicant satisfies the
Tahsildar that the delay in accepting the offer or payment of compensation or
executing the agreement was due to reasons beyond his control the Tahsildar
may, at his discretion, allow such applicant either to remit the entire amount
in a lump or to enter into an agreement as provided for in rule 14(b)][21]. (a)
On
payment of the entire compensation fixed [22][in
rule 14 or 14A] the Tahsildar shall issue an assignment order and a patta
to the applicant. (b)
The
applicant shall be directed to execute an agreement in Form B before the
Tahsildar for the payment of the balance amount within the specified time. On
payment of the first installment and execution of the agreement the Tahsildar
shall issue conditional assignment order to the applicant. A patta shall be
issued by the Tahsildar only after complete payment of the compensation in
accordance with the terms of agreement. (1)
The
public auction referred to in rule 6A, rule 8, rule 10 (a) or rule 14A may be
conducted by the Tahsildar appointed for the assignment of Kandukrishi lands,
in whose jurisdiction the land is situate or by the Taluk Tahsildar. (2)
The
Tahsildar conducting the auction shall issue the Notificationce of the sale and
post it 15 days at least before the date of the sale, in the concerned village
and Taluk Offices and on some conspicuous part of the land Notificationfied for
sale. (3)
An
earnest money deposit, to be fixed in each case by the Tahsildar conducting the
auction shall be paid to the Tahsildar conducting the sale by those who intend
to take part in the auction. The deposit of the unsuccessful bidders shall be
returned immediately after the auction. (4)
A
sum of money equal to 25% of the bid amount inclusive of the earnest money
deposit shall be paid by the purchaser to the Tahsildar conducting the auction
immediately after the auction and if the balance of the purchase money is not
paid within 30 days of the date of the auction the money paid shall be liable
to forfeiture. In the latter case, the land will be resold after Notificationce
to the original purchaser and the loss if any occurred to the Government on
account of the resale will be realised from the original purchaser. Where the
lands may, on the second sale, sell for a higher amount than at the first sale,
the difference or increase shall be the property of Government. The resale
shall be by public auction and the provisions of this rule shall apply to such
resale also. (5)
The
successful bidder having deposited the balance of bid amount within 30 days
from the date of sale, the Tahsildar who conducted the auction shall make a
report to the Revenue Divisional Officer having jurisdiction for orders
confirming the sale. [23][The
Revenue Divisional Officer, on satisfying himself (a) that the sale is in order
and (b) that (i) no application to set aside the sale has been made under
sub-rule (6) within the time fixed therefore; or (ii) any such application if
made has been rejected; shall confirm the sale and order the registry of the
land in the name of the purchaser]. As soon as the land is registered in the
name of the purchaser, the Tahsildar who conducted the auction shall also grant
him necessary pattas. (6)
At
any time within 30 days from the date of such sale, application may be made to
the Revenue Divisional Officer having jurisdiction to set aside the sale on the
ground of some material irregularity or mistake or fraud in Notification fying
or conducting it. If the application be allowed, the Revenue Divisional Officer
shall set aside the sale and may direct a fresh sale in accordance with this
rule. When the sale of any land is not confirmed and is set aside, the deposit
of the purchase money shall be returned to the purchaser][24]. An appeal shall lie to the District Collector
having jurisdiction over the area against the order passed by the Tahsildar
within 60 days from the date or the order. The Board of Revenue may for sufficient
reason, revise any orders passed or proceedings taken, by a Collector or
Tahsildar under the provisions of these Rules, within six months of the date of
such order. Notwithstanding anything contained in these
rules the Government may assign any land on such terms and conditions as they
may fix, if adherence to these rules will cause hardship in any case][25]. [1] Issued by
Notification No. LRD 2-2225/57/RD dated 11-10-1958 pub. in K.G. Ex. dated
11-10-1958. [2] Substituted by
Notification. dated 24-7-1950 pub. in K.G. dated 11-8-1950. [3] Corrected by
Notification. dated 24-7-1959 pub. in K.G. dated 4-8-1959. [4] Added by
Notification. dated 6-2-1961 pub. in K.G. dated 14-2-1961. [5] Substituted by
Notification. dated 22-1$$ 1959 pub. in K.G. Ex. dated 27-1-1959. [6] Deleted by
Notification. dated 13-5-1961 pub. in K.G dated 16-5-1961. [7] Substituted by
Notification. dated 25-1-1963 pub. in K.G. dated 5-2-1963. [8] Inserted by SRO
287/70 dated 16-7-1970 pub. in K.G. Ex. 214 dated 16-7-1970. [9] Substituted by
Notification. dated 24-7-1959 pub. in K.G. dated 11-8-1959. [10] Corrected by
Notification. dated 24-7-1959 pub. in K.G. dated 4-8-1959. [11] Added by
Notification. SRO 287/70 dated 16-7-1970 pub. in K.G. Ex. No. 214 dated
16-7-1970. [12] Added by
Notification. SRO 287/70 dated 16-7-1970 pub. in K.G. Ex. No. 214 dated
16-7-1970. [13] Omitted by ibid. [14] Inserted by
Notification. 13-3-1962 pub. in K.G. dated 20-3-1962. [15] Substituted by SRO
287/70 dated 16-7-1970 pub. in K.G. Ex. No. 214 dated 16-7-1970. [16] Inserted by
Notification. dated 13-10-1961 pub. in K.G. dated 24-10-1961. [17] Substituted by
Notification. dated 22-1-1959 pub. in K.G. dated 27-1-1959. [18] Inserted SRO 237/70
dated 16-7-1970 pub. in K.G. Ex. No. 214 dated 16-7-1970. [19] Substituted by
Notification. No. 6374/N3/65/RD dated 10-5-1965 pub. in K.G. No. 19 dated
18-5-1965. [20] Substituted by
Notification. dated 5-1-1962 pub. in K.G. dated 6-2-1972. [21] Inserted by
Notification. dated 13-10-1961 pub. in K.G. dated 24-10-1961. [22] Substitued by ibid [23] Substituted by
Notification. No. 24003/N3/64/Rev. dated 11-6-1964 pub. in K.G. No. 25 dated
23-6-1964. [24] Inserted by
Notification. No. 60611/N3/62/KD dated 17-06-1963 pub. in K.G. No. 26 dated
25-06-1963. [25] Added by
Notification. dated 24-9-1962 pub. in K.G. dated 2-10-1962.THE
KANDUKRISHI LAND ASSIGNMENT RULES, 1958
PREAMBLE