THE KERALA LAND REFORMS (CEILING) RULES, 1970

[1]THE KERALA LAND REFORMS (CEILING) RULES, 1970

PREAMBLE

In exercise of the powers conferred by section 129 of the Kerala Land Reforms Act, 1963(1 of 1964), the Government of Kerala hereby make the following rules, namely:

Chapter I General

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Land Reforms (Ceiling) Rules, 1970.

(2)     They shall come into force on the 1st day of January, 1970.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Act" means the Kerala Land Reforms Act, 1963 (1 of 1964);

(b)      "Application" includes an interlocutory application;

(c)      "Form" means a form appended to these rules;

(d)      "Land Board" includes a Bench of the Land Board constituted for performing the functions of the Board;

(e)      "Legal representative" means a person who, in law, represents the estate of a deceased person;

(f)       "Section" means a section of the Act;

(g)      "Tahsildar" means the Tahsildar holding charge of a taluk and includes a Special Tahsildar appointed specially for the purposes of these rules.

[2][(h) xxxx]

Rule - 3. Interpretation.

(1)     The Interpretation and General Clauses Act. 1125, shall apply, as far as may be, to the interpretation of these rules, as it applies to the interpretation of an Act.

(2)     The forms shall be used with such variations as the circumstance may require.

Chapter II Statement of Land Owned or Held by a person

[Sections 85 (2) and (3A) and 87 (1A)]

Rule - 4. Form of statement.

The statement under sub-section (2) of section 85 shall be in Form No. 1.

Rule - 4A. [Form of statement under section 85 A.

The Statement under sub-section (1) of section 85A shall be in Form 1A][3].

Rule - 5. Concurrence for surrender.

(1)     The concurrence required under Explanation I or Explanation II to sub-section (2) of section 85 for surrender pf land shall be in writing and duly attested by two respectable witnesses.

(2)     If such concurrence is not produced, the reason for the non-production shall be mentioned in the statement referred to in rule 4.

Rule - 6. Particulars of plantation to be furnished to the Land Board.

Any person claiming exemption from the provisions of Chapter III of the Act on the ground that any land owned or held by him or possessed by him under a mortgage is a plantation, shall, along with the statement referred to in rule 4, furnish to the Land Board a statement showing the following particulars, namely:-

(i)       description of land (with details of survey number, if surveyed, taluk and village), used by the person principally for the cultivation of the crops referred to in section 2(44);

(ii)      boundaries of the land;

(iii)     extent of the land;

(iv)    description of the crop or crops raised and extent of land on which such crops are raised;

(v)      description and extent of the land (with details of survey number, if surveyed, taluk and village) used by the person for any purpose ancillary to the cultivation of the crops referred to in section 2 (44) or for the preparation of the same for the market;

(vi)    purpose for which the land referred to in item (e) is used; and

(vii)   description and extent of agricultural lands (with details of survey numbers, if surveyed, taluk and village) interspersed within the boundaries of the area cultivated by the person with the crops referred to in section 2 (44) and the extent of such lands which the person considers necessary for the protection and efficient management of such cultivation.

Rule - 7. Mode of filing statement before Land Board.

The statement referred to in rule 4 [4][or rule 4A] shall be filed either.

(a)      by presenting it in person, or by his recognised agent or by a pleader appearing for him; or

(b)      by sending it by registered post acknowledgement due.

Rule - 8. Statements to be numbered.

(1)     The Land Board shall assign a number to every statement referred to in rule 4 strictly according to the order in which it is received and enter it in a register to be maintained by the Land Board for that purpose.

Rule - 8A. [Transfer of statements to the Taluk Land Board.

(1)     As soon as may be after the receipt of the statement referred to in rule 4A, the Land Board shall transfer such statement to the Taluk Land Board of the Taluk in which the lands or the major or a substantial portion of the lands are situate.

Rule - 8B. Statements, etc to be numbered.

The Taluk Land Board shall assign a number to every statement received by it and to every case transferred to it under sub-section (4) of section 38 of the Kerala Land Reforms (Amendment) Act, 1972 (17 of 1972), strictly according to the order in which it is received and enter it in a register in Form No. 1B to be maintained by the Taluk Land Board][5].

[6][Chapter III Verification, ascertainment and determination of the extent and identity of land to be surrendered

[See sections 85(5) and (7) and 101 (4)]

Rule - 9. Verification of statement.

For the purpose of verifying the particulars mentioned in the statement filed under sub-section (2) or sub-section (3A) of section 85 [7][or sub-section (1) of section 85 A] or sub-section (1A) of section 87, the [8][Taluk Land Board] may call for any information which in its opinion is relevant for such verification from any officer of the Government or from any other Person and thereupon such officer or other person shall be bound to furnish the required information in his possession.

Rule - 9A. [Verification of statements.

(1)     The Taluk Land Board shall furnish a copy of the statement to the Taluk Tahsildar or such other officer as may be specified by the Land Board, of each taluk in which the lands are situate and require the Taluk Tahsildar or such other officer to verify the correctness or otherwise of the particulars contained in the statement and ascertain whether the person to whom the statement relates owns or holds any other lands and send a report thereof to the Taluk Land Board.

(2)     The Taluk Tahsildar or such other officer shall send the report required under sub-rule (1) to the Taluk Land Board before the expiry of six weeks from the date of the requisition or within such further time as may be allowed by the Taluk Land Board in each case.][9]

Rule - 10.[Taluk Land Board][10] to prepare draft statement of lands to be surrendered.

The [11][Taluk Land Board] shall, after considering the particulars furnished in the statement under sub-section (2) or sub-section (3A) of section 85 [12][or sub-section (1) of section 85A] or sub-section (1A) of section 87, the verification reports, if any, received by it, the facts and circumstances appearing in the case and such other relevant matters, and where it considers it necessary so to do, after such further verification as it deems fit prepare a draft statement in Form No; 2 of the lands, the ownership or possession or both of which is or are to be surrendered by the person to whom such draft statement relates.

Rule - 11. Publication of draft statement.

The draft statement prepared under rule 10 shall be published on the notice board of the office of the [13][Taluk Land Board], the notice boards of the offices of the District Collector and the Taluk Tahsildar within whose jurisdiction the lands indicated in such statement as lands to be surrendered are situate and on the notice board of the village in which such lands are situate.

Rule - 12. Service of draft statement on persons interested.

(1)     The draft statement prepared under rule 10, together with a notice in Form No. 3 inviting objections to the draft statement, shall be served:-

(i)       where the draft statement relates to an adult unmarried person, on such person or, where such person is a lunatic, idiot or a person subject to any like disability, on the guardian, manager or other persons in charge of such person or of the property of such person;

(ii)      where the draft statement relates to a family, on the husband and wife or such of them as exists or, where the family, consists of only minors or where both the husband and wife are lunatics or idiots or persons subject to any like disability, on the guardian, manager or other person in charge of such minor or such husband and wife or their property;

(iii)     where the draft statement relates to any other person, on the person competent to file a statement under sub-section (2) of section 85 [14][or under sub-section (2) of section 85A] on behalf of that other person:

(2)     The draft statement together with the notice referred to in sub-rule (1) shall also be served on all other persons, so far as may be known, who have or are likely to have any claim to, or interest in the ownership or possession or both of the lands indicated in such draft statement as lands to be surrendered.

(3)     Where in any case the [15][Taluk Land Board] is of opinion that service of notice under sub-rule (2) is not sufficient or effective or that it is not practicable to give notice under that sub-rule to all persons who have or are likely to have any such claim or interest as is specified in that sub-rule, it may cause to be published a public notice in Form No. 4 in two daily newspapers having wide circulation in the area in which the lands to which the draft statement referred to in sub-rule (1) relates are situate.

Rule - 13. Enquiry to determine extent and identity.

(1)     on the date fixed for hearing of the objections and for determination of the extent and identity of the land to be surrendered, or on any other day to which the proceedings may be adjourned, the [16][Taluk Land Board] may, after considering the objections, if any, and the oral and documentary evidence let in and after hearing such of the persons who appear and, where necessary, after such further verification and ascertainment or investigation as if may deem fit and proper, by order, determine the extent and identity of the land to be surrendered:

Provided that where the [17][Taluk Land Board] intends to rely on the particulars obtained by any such further verification, ascertainment or investigation, no such order shall be passed without giving a reasonable opportunity of being heard to such of those parties whose interests are likely to be affected if such particulars are relied upon.

(2)     Where, for the determination of the extent of land to be surrendered, it becomes necessary to decide the question as to whether any extent of land is exempted under sub-section (1) of section 81 or not, the [18][Taluk Land Board] may decide such question provided that no such decision shall be made without giving the person interested in the land a reasonable opportunity of being heard.

(3)     The [19][Taluk Land Board] shall, after passing the order determining the extent and identity of the land to be surrendered, cause to prepare an extract of such order in Form No. 5, and such extract shall form part of the order.

(4)     Where there has been any modification in the extent or identity or both of the lands to be surrendered by any subsequent order of the [20][Taluk Land Board] or by an order in revision by the High Court, the [21][Taluk Land Board] shall cause necessary changes to be made in the extract referred to in sub rule (3) or cause a revised extract to be prepared.

Application to set aside order determining extent of land to be surrendered

[Section 85 (8)]

Rule - 14. Form of land procedure on application under section 85 (8).

(1)     The application under sub-section (8) of section 85 shall be in Form No. 6.

(2)     The [22][Taluk Land Board] may, in order to decide whether the applicant is interested in the land to be surrendered or was prevented by sufficient cause from appearing before the [23][Taluk Land Board] make or cause to be made such enquiries, investigations and verifications as it deems necessary.

(3)     The [24][Taluk land Board] shall not reject an application without giving the applicant a reasonable opportunity of being heard.

Rule - 15. Re-determination of extent and identity of land.

here an order is set aside under sub-section (8) of section 85 at the instance of a person on whom the draft statement has been served under rule 12, the [25][Taluk Land Board] may, if it thinks fit so to do, proceed to determine, without recourse to the preparation of a fresh draft statement, the extent and identity of the land to be surrendered after issue of a notice in Form No. 7 to the persons specified in sub-rule (1) of rule 12 and to such other persons who have preferred any claim to ownership or possession or both, of the lands Indicated for surrender in such draft statement.

[26][Application for Restoration

[Section 85 (10)]

Rule - 15A. Restoration of surplus lands.

(1)     An application for restoration of the ownership or possession or both of any land under sub-section (10) of section 85 shall be in Form No. 7A.

(2)     For the purpose of verifying the particulars mentioned in the application the Land Board or the Taluk Land Board, as the case may be, may call for any information which in its opinion is relevant for such verification from any officer of the Government or from any other person and thereupon such officer or other person shall be bound to furnish the required information his possession.

(3)     The Land Board or the Taluk Land Board, as the case may be, shall, after considering the particulars furnished in the application, the verification reports, if any, received by it, the facts and circumstances appearing in the case and such other relevant matters and after giving the applicant or any other person likely to be affected, an opportunity of being heard, and after any further verification or enquiry as it deems necessary, by order restore the ownership or possession or both, as the case may be, of the land if the Land Board the Taluk Land board is satisfied that the applicant is entitled for restoration].

Statement under Section 85 (2) when Lands Owned or held Exceed Ceiling Limit after Final Settlement of Claims for Resumption or Purchase or Acquisition after the Date Notified under Section 83

[Sections 85 (3A) and 87 (1A)]

Rule - 16. Form of statement.

(1)     Where any statement is filed after the final settlement of claims for resumption or purchase under sub-section (3A) of section 85 or after acquisition of land under sub-section (1A) of section 87, such statement shall be in Form No. 1 with such adaptations, modifications or variations made therein as circumstances may require:

Provided that "the date the 1st day of January, 1970" in the said Form wherever it occurs, shall be substituted by "the date immediately following the date of such final settlement of claims for resumption or purchase or acquisition, as the case may be."

(2)     A person filing a statement under sub-rule (1) shall, along with such statement, file an additional statement in Form No, 8.

Vesting of Excess Lands in Government

(Section 86)

Rule - 17. [Demand for surrender.

As soon as may be after the issue of an order by the Taluk Land Board determining the extent and identity of the lands, the ownership or possession or both of which is or are to be surrendered, it shall demand the surrender of the said lands by the issue of a notice in Form No. 9 to the person bound to make the surrender,][27]

Rule - 18. Authorisation to take possession or assume ownership.

The authorisation by the [28][Taluk Land Board] for purposes of sub-section (3) of section 86 shall be in Form No. 10.

Rule - 19. Manner of surrender and taking possession and assumption of ownership.

(1)     The person bound to surrender the lands on receipt of the notice referred to in rule 17 shall contact the Officer mentioned in the notice, who shall thereupon make necessary arrangements to accept the surrender.

(2)     The person making the surrender shall sign a declaration to that effect in Form No. 11 duly attested by such officer and two witnesses, preferably neighbors,

(3)     On such declaration referred to in sub-rule (2) being duly signed and attested, the Officer referred to in that sub-rule shall, where the demand is to surrender possession or possession and ownership, take possession of the land after removing any unauthorised occupant in such land if necessary by using such force as he thinks fit,

(4)     After taking possession of the land as provided in sub-rule (3) or where the demand is only to surrender ownership without possession after the declaration is duly signed and attested as required by sub-rule (2). the Officer shall make an endorsement: on the declaration that ownership possession or both, as the case may be, of the land has been surrendered the person and that he has taken possession or, as the case may be, assumed ownership on behalf of the Government.

Rule - 20. Manner of taking Possession or assuming ownership where no surrender is made.

Where a person liable to surrender ownership or possession or both of any land fails to make the surrender demanded, the officer authorised under sub-section (3) of section 86 shall, where demand is made to surrender possession or possession and ownership, take possession the land after removing any unauthorised occupant, if any, on such land if necessary using such force as he thinks fit and where the demand is only for surrender of ownership, assume ownership of such land and record the fact of such taking possession, or as the case may be, assumption of ownership, in a certificate in Form No. 12 duly attested by two witnesses preferably neighbours.

Rule - 21. Procedure for interim surrender.

(1)     Where possession of any land indicated in the statement under subsection (2) of section 85, as land proposed to be surrendered is to be taken possession pending determination under sub-section (5) of that section, of the extent and identity of the land to be surrendered, the [29][Taluk Land Board] may give intimation in Form No. 13 to the person who has filed such statement or, where such person is a family, to the husband and wife or to such of them as exists, that it proposes to take possession of such land so indicated on or before a date to be specified in such intimation.

Explanation:-Where the land proposed to be surrendered is not indicated in the statement under sub-section (2) of section 85, but the person who has filed the statement subsequently furnishes another statement in writing specifying the lands proposed to be surrendered, such latter statement shall be deemed to be part of the statement under sub-section (2) of section 85.

(2)     The [30][Taluk Land Board] may depute any Officer not below the rank of a Village Officer to take possession of the land.

(3)     The Officer deputed to take possession may, if the person to whom intimation under sub-rule (1) has been given does not raise any objection, take possession of the land, after removing any unauthorised occupant, if any, on such land, if necessary by using such force as he thinks fit and record the fact of taking such possession in a record of possession in Form 14, duly attested by two witnesses, preferably neighbors;

Rule - 22. Mahazar and sketch to be prepared.

Where ownership or possession both of any land is or are surrendered, or assumed, as the case may the Officer authorised under rule 18 shall prepare a Mahazar of such land containing a correct description of the land and improvements thereon and the name and address of the kudikidappukars, if any, thereon to enable the concerned authorities to identify such land or to classify such land according to the classification specified in Schedule IV to the Act; and where the land is part of a survey or Sub-division No. and part is not identifiable without the assistance of a sketch, the Officer shall also prepare a sketch of such land.

Rule - 23. Tahsildar to countersign.

(1)     The declaration or certificate or record of possession or surrender memo, as the case may be, together with the mahazar and the sketch, if any, shall be submitted by the Officer referred to in rule 22 to the Tahsildar of the taluk in which the land is situate, and the Tahsildar shall, if he thinks fit, conduct any verification and after such verification, countersign the declaration, certificate of record of possession, as the case may be, and affix the seal of his Office there on.

(2)     The records referred to in sub-rule (1) shall be kept in the Taluk Office.

Rule - 24. Modification of Revenue Records.

The Tahsildar shall after countersigning the records referred to in sub-rule (1) of rule 23 and affixing his seal thereon in the manner provided in the said rule, take necessary steps to carry out changes in the revenue records relating to the lands.

Rule - 24A. [Transitory provision.

The provisions of this Chapter shall, so far as may be, apply in respect of cases continued to be dealt with by the Land Board by virtue of sub-section (3) of section 38 of the Kerala Land Reforms (Amendment) Act, 1972 (17 of 1972) as if for the words Taluk Land Board" wherever they occur in this Chapter, the words "Land Board" had been substituted][31].

[32]Chapter IV Assignment of lands Vested in Government and Management of the lands pending Assignment

(Sections 95 to 93)

General

Rule - 25. Land to be managed through the agency of Revenue Department.

(1)     Lands vested in the Government under section 86 or section 87 shall be managed by the land Board through the agency of the Revenue Department and the District Collectors shall act in that behalf under the general control and direction of the Land Board.

(2)     A register in Form No. 15 shall be maintained in each Taluk Office showing the lands in that taluk vested in the Government under sections 85 and 87.

Rule - 26. Protection of land from unauthorised occupation.

As and when any land is taken possession of under rule 19 or rule 20 or rule 21, the Tahsildar of the taluk in which the land is situate shall take prompt and adequate steps to ensure its complete protection from any unauthorised occupation or other interference whatsoever.

Assignment of land

Rule - 27. Applications to be invited.

(1)     As soon as may be after possession of a parcel of land is, under section 86 or section 87, surrendered or taken, the Land Board shall except in cases where the Government holds such land as a mortgagee with possession, publish or cause to be published a notice in Form No. 16 inviting applications before a specified date for assignment on registry of such parcel or portions thereof

(2)     The notice referred to in sub-rule (1) shall be published-

(a)      on the notice boards of the Office of the Taluk Tahsildar and of the local authority within whose jurisdiction the parcel of land to be assigned is situate and on the notice board of the village office of the village in which such parcel of land is situate;

(b)      on the notice boards of the village offices of the villages adjacent to the village referred to in clause (a) and on the notice boards of the offices of the local authorities having jurisdiction over areas adjacent to the area of jurisdiction of the local authority referred to in clause (a);

(c)      where it is considered by the Land Board essential to do so, in leading Malayalam daily news papers having vide circulation in the area in which the parcel of land to be assigned is situate.

(3)     The Land Board may also give or cause to be given such publicity to the proposal for assignment in such other manner as it thinks fit.

Rule - 28. Form of application, court fee and mode of presentation.

(1)     The application for assignment shall be in Form No. 1 7.

(2)     No court fee shall be payable in respect of any application referred to in sub-rule (1).

(3)     An application referred to in sub-rule (1) may be sent by registered post acknowledgment due.

Rule - 29. Conditions and restrictions regarding assignment.

(1)     Lands assigned under section 96 shall be heritable but shall not subject to the provisions of sub-rules (2) to (5), be alienable for a period of 12 years from the date of assignment or for the period during which the charge created under sub-section (3) of section 97 subsists, whichever is later.

[33][Provided that Government shall have power to waive the condition regarding alienation for the reasons to be recorded in writing in deserving cases.]

(2)     The assignee or his successor-in-interest as the case may be may mortgage such lands to the Government or a co-operative society or the Coffee Board or the Rubber Board or any other financing institution recognised by the Government in this behalf as security for obtaining loans for agricultural or land improvement purposes or, were a house is required for the occupation of the assignee or his family or the successor-in-interest of such assignee, for construction of such house under any of the Housing Schemes sponsored by the Government or for payment of the purchase price payable under section 97.

(3)     The Government, the co-operative society, the Coffee Board, the Rubber Board or other financing institution referred to in sub-rule (2) may alienate lands mortgaged to them or it as security for loans in satisfaction of the terms and conditions of the loan.

(4)     An assignee belonging to a Scheduled Caste or Scheduled Tribe the sanction of the Collector of the district in which the land assigned to him is situate may alienate the whole or any portion of the land to a member belonging to such caste or tribe, as the case maybe.

(5)     The assignee or a member of his family or, as the case may be, his successor-in- interest shall for the period during which the alienation is prohibited under sub-rule (1) reside in the land if such land is used for purposes of residence or personally cultivate the same if such land is used for agricultural purposes, provided that the Collector of the District in which such land is situate may by order in writing exempt any person subject to such restrictions and conditions he may impose from the operation of this sub-rule.

(6)     No cocoanut or areca nut tree or pepper plant or other trees or valuable improvements on the land shall, so long as the charge under subsection (3) of section 97 subsists on such land, be cut, removed or willfully damaged or destroyed by the assignee or any member of his family or any of his successors-in-interest or any person claiming under such assignee, member or successor-in-interest.

(7)     Any assignee who alienates any land assigned to him under section 96 in contravention of the provisions of sub-rule (1) shall not thereafter be eligible to get any other land on assignment under that section or under any other law for the time being in force relating to assignment of lands belonging to Government.

[34][(7A) Where the land to be assigned to the different assignees is a large extent of land and due to the peculiar nature or condition of the land, [35][agricultural operations therein cannot, in the opinion of the District Collector, be carried out separately by each assignee] but can be carried out only after bunding, dewatering or plumbing operations, etc., which require co-operative effort, the assignees shall form themselves into one or more joint farming co-operative society or societies and cultivates the land or become members or any joint farming co-operative society which cultivates the land within one month of the receipt of the deed of assignment, and shall not voluntarily withdraw from the membership of such co-operative society].

[36][(7B) Where the land to be assigned are compact blocks of not less than 25 acres in extent, planted with cashew, tea, coffee, cocoa, rubber, cardamom or cinnamon, and [37][such land can, in the opinion of the District Collector, be profitably managed only through co-operative effort,] the assignees shall form themselves into one or more joint farming co-operative society or societies and maintain, manage and develop such lands or become members of any joint farming co-operative society which manages the lands within one month of the receipt of the deed of assignment, and shall not voluntarily withdraw from the membership of such cooperative society].

(8)     The assignment of any land under section 96 shall be liable to be cancelled for contravention of any of the conditions or restrictions laid down in this rule and the land assigned shall be liable to be resumed by or at the instance of the authority which assigned the land as if such land is a land belonging to Government and in the un authorised occupation of the person then in possession or occupation, provided that no such cancellation shall be done without giving the party affected thereby a reasonable opportunity of being heard.

Rule - 30. Preparation of list of persons eligible for assignment.

(1)     As soon as may be after the expiry of the date for receipt of applications specified in the notice published under rule 27, the Land Board, shall verity applications received in such manner as it thinks fit and prepare a list of persons eligible under section 96 for assignment of land showing therein the extent of land that can be assigned to each applicant, which in no case shall exceed the limits specified in sub-sections (2) and (3) of section 96, and such other particulars as the Land Board thinks necessary to be included therein.

[38][Explanation. Where a person eligible to be included in the list is married and living with his wife, the joint names of the husband and wife shall be included in the list].

[39][(2) In preparing the list referred to in sub-rule (1), first preference shall be given to the kudikidappukaran, if any, on the land, whether he is an applicant or not and thereafter among the applicants, the following preference shall, subject to the provisions of sub-section (1) of section 96 be observed, as far as practicable-

(i)       Second preference shall be given to

(a)      unauthorised occupants of the land, if any, provided they have effected valuable improvements;

(b)      persons evicted from Government land; and

(c)      agricultural workers thrown out of employment owing to the lands in which they have been working have vested in the Government under-the Act;

(ii)      Third preference shall be given to persons who ordinarily reside in the village where the land proposed to be assigned is situate;

(iii)     Fourth preference shall be given to persons who ordinarily reside in the villages adjacent to the village in which such land is situate:

(iv)    Fifth preference shall be given to persons who ordinarily reside in the Taluk in which such land is situate.)

(3)   Among the persons entitled to preference 2(under clause (i) or clause (ii)] or clause (iii) or clause (iv) of sub-rule (2), a person eligible to get assignment of an extent of land higher than that of another entitled to preference under the same clause may in preparing the list under sub-rule (1), be given priority over that another.

(4)   Where two or more persons are entitled to get preference under the same clause of sub-rule (2) and where such persons are eligible to get assignment of the same extent of land, the order of priority to be given to such persons may be decided by drawing lots in such manner as the Land Board thinks fit.

(5)   Where any person included in the list prepared under sub-rule (1) is not assigned any land in respect of which such list was prepared the Land Board may, if such person has in his application under rule 28 expressed his willingness to be considered for assignment of any other land, consider him an applicant for that other land which may thereafter be assigned.

Rule - 31. Offer, acceptance and assignment

(1)     As soon as may be after the list referred to in rule 30 is prepared, the Land Board shall communicate to each person in the order of priority given in such list an offer to assign the land on registry subject to such conditions and restrictions as specified, in rule 29 and the provisions of the Act, and such offer shall be in Form No, 18.

[40][Provided that where the joint names of the husband and wife are included in the list the offer shall be made to both.]

(2)     Where on receipt of the offer under sub-rule (1) the person to whom the offer is made pays or deposits the purchase price in lump or the first instalment thereof within the time allowed or within such further time as may be allowed by the Land Board the land specified in such offer shall be assigned to him on registry; and a deed of assignment in Form No, 19 shall be executed.

[41][Provided that where the offer is made to both husband and wife under the proviso to sub-rule (1) the land specified in the offer shall be assigned on registry and the deed of assignment executed in the joint names of both on payment or deposit of the purchase price under this rule by either of them].

(3)     The purchase price payable by the assignee shall be deposited in the Government Treasury nearest to the land to be assigned to the credit of the Land Board under appropriate head to be specified by the Land Board or paid in such other manner as the Land Board may direct.

(4)     The deposit under sub-rule (3) shall be by a chalan in triplicate countersigned by the Secretary, Land Board.

(5)     The second and subsequent installments of the purchase price shall be due for payment or deposit on the expiry of one year from the date on which the previous installment was due for payment.

(6)     Where any person fails to pay or deposit the purchase price in lump or the first installment thereof within the time allowed under the offer or within such further time as may be allowed by the L and Board, the offer made shall be deemed to have been cancelled, and thereupon such person shall have no right to claim assignment or to pay or deposit the purchase price in lump or the first installment thereof.

(7)     Where any offer is deemed to have been cancelled under sub-rule (6) the Land Board shall offer to assign the land to other persons in the list selecting such persons in the order of priority in such list.

(8)     After the execution of the assignment deed under sub-rule (2) the assignee shall be put in possession of the land assigned and the Collector shall cause the boundaries of the land to be demarcated.

(9)     As soon as may be after the execution of the assignment deed, the Tahsildar of the taluk in which such land is situate shall take steps to make necessary changes in the revenue records, to survey and demarcate the land and to issue a patta in Form No. 20.

[42][Explanation. Where the assignment deed is executed in the joint names of the husband and wife patta shall be issued in the joint names of the husband and wife.]

Rule - 32. Reservation for public purposes.

Notwithstanding anything herein before contained, the Land Board may at any stage after a land is surrendered or taken possession of and [43][before the execution of the deed of assignment under sub-rule (2) of rule 31] reserve any such land or portion thereof for public purposes, such reservation and determination of public purposes being made in such manner as it thinks fit; and on such reservation, such land or portion shall be deemed to be land not available for assignment.

Rule - 33. Register of lands reserved and assigned.

A register of lands reserved and assigned shall be maintained in each Taluk Office in respect of lands within that taluk and such register shall be in Form No. 21.

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THE KERALA LAND REFORMS (CEILING) RULES, 1970

[1]THE KERALA LAND REFORMS (CEILING) RULES, 1970

PREAMBLE

In exercise of the powers conferred by section 129 of the Kerala Land Reforms Act, 1963(1 of 1964), the Government of Kerala hereby make the following rules, namely:

Chapter I General

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Land Reforms (Ceiling) Rules, 1970.

(2)     They shall come into force on the 1st day of January, 1970.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Act" means the Kerala Land Reforms Act, 1963 (1 of 1964);

(b)      "Application" includes an interlocutory application;

(c)      "Form" means a form appended to these rules;

(d)      "Land Board" includes a Bench of the Land Board constituted for performing the functions of the Board;

(e)      "Legal representative" means a person who, in law, represents the estate of a deceased person;

(f)       "Section" means a section of the Act;

(g)      "Tahsildar" means the Tahsildar holding charge of a taluk and includes a Special Tahsildar appointed specially for the purposes of these rules.

[2][(h) xxxx]

Rule - 3. Interpretation.

(1)     The Interpretation and General Clauses Act. 1125, shall apply, as far as may be, to the interpretation of these rules, as it applies to the interpretation of an Act.

(2)     The forms shall be used with such variations as the circumstance may require.

Chapter II Statement of Land Owned or Held by a person

[Sections 85 (2) and (3A) and 87 (1A)]

Rule - 4. Form of statement.

The statement under sub-section (2) of section 85 shall be in Form No. 1.

Rule - 4A. [Form of statement under section 85 A.

The Statement under sub-section (1) of section 85A shall be in Form 1A][3].

Rule - 5. Concurrence for surrender.

(1)     The concurrence required under Explanation I or Explanation II to sub-section (2) of section 85 for surrender pf land shall be in writing and duly attested by two respectable witnesses.

(2)     If such concurrence is not produced, the reason for the non-production shall be mentioned in the statement referred to in rule 4.

Rule - 6. Particulars of plantation to be furnished to the Land Board.

Any person claiming exemption from the provisions of Chapter III of the Act on the ground that any land owned or held by him or possessed by him under a mortgage is a plantation, shall, along with the statement referred to in rule 4, furnish to the Land Board a statement showing the following particulars, namely:-

(i)       description of land (with details of survey number, if surveyed, taluk and village), used by the person principally for the cultivation of the crops referred to in section 2(44);

(ii)      boundaries of the land;

(iii)     extent of the land;

(iv)    description of the crop or crops raised and extent of land on which such crops are raised;

(v)      description and extent of the land (with details of survey number, if surveyed, taluk and village) used by the person for any purpose ancillary to the cultivation of the crops referred to in section 2 (44) or for the preparation of the same for the market;

(vi)    purpose for which the land referred to in item (e) is used; and

(vii)   description and extent of agricultural lands (with details of survey numbers, if surveyed, taluk and village) interspersed within the boundaries of the area cultivated by the person with the crops referred to in section 2 (44) and the extent of such lands which the person considers necessary for the protection and efficient management of such cultivation.

Rule - 7. Mode of filing statement before Land Board.

The statement referred to in rule 4 [4][or rule 4A] shall be filed either.

(a)      by presenting it in person, or by his recognised agent or by a pleader appearing for him; or

(b)      by sending it by registered post acknowledgement due.

Rule - 8. Statements to be numbered.

(1)     The Land Board shall assign a number to every statement referred to in rule 4 strictly according to the order in which it is received and enter it in a register to be maintained by the Land Board for that purpose.

Rule - 8A. [Transfer of statements to the Taluk Land Board.

(1)     As soon as may be after the receipt of the statement referred to in rule 4A, the Land Board shall transfer such statement to the Taluk Land Board of the Taluk in which the lands or the major or a substantial portion of the lands are situate.

Rule - 8B. Statements, etc to be numbered.

The Taluk Land Board shall assign a number to every statement received by it and to every case transferred to it under sub-section (4) of section 38 of the Kerala Land Reforms (Amendment) Act, 1972 (17 of 1972), strictly according to the order in which it is received and enter it in a register in Form No. 1B to be maintained by the Taluk Land Board][5].

[6][Chapter III Verification, ascertainment and determination of the extent and identity of land to be surrendered

[See sections 85(5) and (7) and 101 (4)]

Rule - 9. Verification of statement.

For the purpose of verifying the particulars mentioned in the statement filed under sub-section (2) or sub-section (3A) of section 85 [7][or sub-section (1) of section 85 A] or sub-section (1A) of section 87, the [8][Taluk Land Board] may call for any information which in its opinion is relevant for such verification from any officer of the Government or from any other Person and thereupon such officer or other person shall be bound to furnish the required information in his possession.

Rule - 9A. [Verification of statements.

(1)     The Taluk Land Board shall furnish a copy of the statement to the Taluk Tahsildar or such other officer as may be specified by the Land Board, of each taluk in which the lands are situate and require the Taluk Tahsildar or such other officer to verify the correctness or otherwise of the particulars contained in the statement and ascertain whether the person to whom the statement relates owns or holds any other lands and send a report thereof to the Taluk Land Board.

(2)     The Taluk Tahsildar or such other officer shall send the report required under sub-rule (1) to the Taluk Land Board before the expiry of six weeks from the date of the requisition or within such further time as may be allowed by the Taluk Land Board in each case.][9]

Rule - 10.[Taluk Land Board][10] to prepare draft statement of lands to be surrendered.

The [11][Taluk Land Board] shall, after considering the particulars furnished in the statement under sub-section (2) or sub-section (3A) of section 85 [12][or sub-section (1) of section 85A] or sub-section (1A) of section 87, the verification reports, if any, received by it, the facts and circumstances appearing in the case and such other relevant matters, and where it considers it necessary so to do, after such further verification as it deems fit prepare a draft statement in Form No; 2 of the lands, the ownership or possession or both of which is or are to be surrendered by the person to whom such draft statement relates.

Rule - 11. Publication of draft statement.

The draft statement prepared under rule 10 shall be published on the notice board of the office of the [13][Taluk Land Board], the notice boards of the offices of the District Collector and the Taluk Tahsildar within whose jurisdiction the lands indicated in such statement as lands to be surrendered are situate and on the notice board of the village in which such lands are situate.

Rule - 12. Service of draft statement on persons interested.

(1)     The draft statement prepared under rule 10, together with a notice in Form No. 3 inviting objections to the draft statement, shall be served:-

(i)       where the draft statement relates to an adult unmarried person, on such person or, where such person is a lunatic, idiot or a person subject to any like disability, on the guardian, manager or other persons in charge of such person or of the property of such person;

(ii)      where the draft statement relates to a family, on the husband and wife or such of them as exists or, where the family, consists of only minors or where both the husband and wife are lunatics or idiots or persons subject to any like disability, on the guardian, manager or other person in charge of such minor or such husband and wife or their property;

(iii)     where the draft statement relates to any other person, on the person competent to file a statement under sub-section (2) of section 85 [14][or under sub-section (2) of section 85A] on behalf of that other person:

(2)     The draft statement together with the notice referred to in sub-rule (1) shall also be served on all other persons, so far as may be known, who have or are likely to have any claim to, or interest in the ownership or possession or both of the lands indicated in such draft statement as lands to be surrendered.

(3)     Where in any case the [15][Taluk Land Board] is of opinion that service of notice under sub-rule (2) is not sufficient or effective or that it is not practicable to give notice under that sub-rule to all persons who have or are likely to have any such claim or interest as is specified in that sub-rule, it may cause to be published a public notice in Form No. 4 in two daily newspapers having wide circulation in the area in which the lands to which the draft statement referred to in sub-rule (1) relates are situate.

Rule - 13. Enquiry to determine extent and identity.

(1)     on the date fixed for hearing of the objections and for determination of the extent and identity of the land to be surrendered, or on any other day to which the proceedings may be adjourned, the [16][Taluk Land Board] may, after considering the objections, if any, and the oral and documentary evidence let in and after hearing such of the persons who appear and, where necessary, after such further verification and ascertainment or investigation as if may deem fit and proper, by order, determine the extent and identity of the land to be surrendered:

Provided that where the [17][Taluk Land Board] intends to rely on the particulars obtained by any such further verification, ascertainment or investigation, no such order shall be passed without giving a reasonable opportunity of being heard to such of those parties whose interests are likely to be affected if such particulars are relied upon.

(2)     Where, for the determination of the extent of land to be surrendered, it becomes necessary to decide the question as to whether any extent of land is exempted under sub-section (1) of section 81 or not, the [18][Taluk Land Board] may decide such question provided that no such decision shall be made without giving the person interested in the land a reasonable opportunity of being heard.

(3)     The [19][Taluk Land Board] shall, after passing the order determining the extent and identity of the land to be surrendered, cause to prepare an extract of such order in Form No. 5, and such extract shall form part of the order.

(4)     Where there has been any modification in the extent or identity or both of the lands to be surrendered by any subsequent order of the [20][Taluk Land Board] or by an order in revision by the High Court, the [21][Taluk Land Board] shall cause necessary changes to be made in the extract referred to in sub rule (3) or cause a revised extract to be prepared.

Application to set aside order determining extent of land to be surrendered

[Section 85 (8)]

Rule - 14. Form of land procedure on application under section 85 (8).

(1)     The application under sub-section (8) of section 85 shall be in Form No. 6.

(2)     The [22][Taluk Land Board] may, in order to decide whether the applicant is interested in the land to be surrendered or was prevented by sufficient cause from appearing before the [23][Taluk Land Board] make or cause to be made such enquiries, investigations and verifications as it deems necessary.

(3)     The [24][Taluk land Board] shall not reject an application without giving the applicant a reasonable opportunity of being heard.

Rule - 15. Re-determination of extent and identity of land.

here an order is set aside under sub-section (8) of section 85 at the instance of a person on whom the draft statement has been served under rule 12, the [25][Taluk Land Board] may, if it thinks fit so to do, proceed to determine, without recourse to the preparation of a fresh draft statement, the extent and identity of the land to be surrendered after issue of a notice in Form No. 7 to the persons specified in sub-rule (1) of rule 12 and to such other persons who have preferred any claim to ownership or possession or both, of the lands Indicated for surrender in such draft statement.

[26][Application for Restoration

[Section 85 (10)]

Rule - 15A. Restoration of surplus lands.

(1)     An application for restoration of the ownership or possession or both of any land under sub-section (10) of section 85 shall be in Form No. 7A.

(2)     For the purpose of verifying the particulars mentioned in the application the Land Board or the Taluk Land Board, as the case may be, may call for any information which in its opinion is relevant for such verification from any officer of the Government or from any other person and thereupon such officer or other person shall be bound to furnish the required information his possession.

(3)     The Land Board or the Taluk Land Board, as the case may be, shall, after considering the particulars furnished in the application, the verification reports, if any, received by it, the facts and circumstances appearing in the case and such other relevant matters and after giving the applicant or any other person likely to be affected, an opportunity of being heard, and after any further verification or enquiry as it deems necessary, by order restore the ownership or possession or both, as the case may be, of the land if the Land Board the Taluk Land board is satisfied that the applicant is entitled for restoration].

Statement under Section 85 (2) when Lands Owned or held Exceed Ceiling Limit after Final Settlement of Claims for Resumption or Purchase or Acquisition after the Date Notified under Section 83

[Sections 85 (3A) and 87 (1A)]

Rule - 16. Form of statement.

(1)     Where any statement is filed after the final settlement of claims for resumption or purchase under sub-section (3A) of section 85 or after acquisition of land under sub-section (1A) of section 87, such statement shall be in Form No. 1 with such adaptations, modifications or variations made therein as circumstances may require:

Provided that "the date the 1st day of January, 1970" in the said Form wherever it occurs, shall be substituted by "the date immediately following the date of such final settlement of claims for resumption or purchase or acquisition, as the case may be."

(2)     A person filing a statement under sub-rule (1) shall, along with such statement, file an additional statement in Form No, 8.

Vesting of Excess Lands in Government

(Section 86)

Rule - 17. [Demand for surrender.

As soon as may be after the issue of an order by the Taluk Land Board determining the extent and identity of the lands, the ownership or possession or both of which is or are to be surrendered, it shall demand the surrender of the said lands by the issue of a notice in Form No. 9 to the person bound to make the surrender,][27]

Rule - 18. Authorisation to take possession or assume ownership.

The authorisation by the [28][Taluk Land Board] for purposes of sub-section (3) of section 86 shall be in Form No. 10.

Rule - 19. Manner of surrender and taking possession and assumption of ownership.

(1)     The person bound to surrender the lands on receipt of the notice referred to in rule 17 shall contact the Officer mentioned in the notice, who shall thereupon make necessary arrangements to accept the surrender.

(2)     The person making the surrender shall sign a declaration to that effect in Form No. 11 duly attested by such officer and two witnesses, preferably neighbors,

(3)     On such declaration referred to in sub-rule (2) being duly signed and attested, the Officer referred to in that sub-rule shall, where the demand is to surrender possession or possession and ownership, take possession of the land after removing any unauthorised occupant in such land if necessary by using such force as he thinks fit,

(4)     After taking possession of the land as provided in sub-rule (3) or where the demand is only to surrender ownership without possession after the declaration is duly signed and attested as required by sub-rule (2). the Officer shall make an endorsement: on the declaration that ownership possession or both, as the case may be, of the land has been surrendered the person and that he has taken possession or, as the case may be, assumed ownership on behalf of the Government.

Rule - 20. Manner of taking Possession or assuming ownership where no surrender is made.

Where a person liable to surrender ownership or possession or both of any land fails to make the surrender demanded, the officer authorised under sub-section (3) of section 86 shall, where demand is made to surrender possession or possession and ownership, take possession the land after removing any unauthorised occupant, if any, on such land if necessary using such force as he thinks fit and where the demand is only for surrender of ownership, assume ownership of such land and record the fact of such taking possession, or as the case may be, assumption of ownership, in a certificate in Form No. 12 duly attested by two witnesses preferably neighbours.

Rule - 21. Procedure for interim surrender.

(1)     Where possession of any land indicated in the statement under subsection (2) of section 85, as land proposed to be surrendered is to be taken possession pending determination under sub-section (5) of that section, of the extent and identity of the land to be surrendered, the [29][Taluk Land Board] may give intimation in Form No. 13 to the person who has filed such statement or, where such person is a family, to the husband and wife or to such of them as exists, that it proposes to take possession of such land so indicated on or before a date to be specified in such intimation.

Explanation:-Where the land proposed to be surrendered is not indicated in the statement under sub-section (2) of section 85, but the person who has filed the statement subsequently furnishes another statement in writing specifying the lands proposed to be surrendered, such latter statement shall be deemed to be part of the statement under sub-section (2) of section 85.

(2)     The [30][Taluk Land Board] may depute any Officer not below the rank of a Village Officer to take possession of the land.

(3)     The Officer deputed to take possession may, if the person to whom intimation under sub-rule (1) has been given does not raise any objection, take possession of the land, after removing any unauthorised occupant, if any, on such land, if necessary by using such force as he thinks fit and record the fact of taking such possession in a record of possession in Form 14, duly attested by two witnesses, preferably neighbors;

Rule - 22. Mahazar and sketch to be prepared.

Where ownership or possession both of any land is or are surrendered, or assumed, as the case may the Officer authorised under rule 18 shall prepare a Mahazar of such land containing a correct description of the land and improvements thereon and the name and address of the kudikidappukars, if any, thereon to enable the concerned authorities to identify such land or to classify such land according to the classification specified in Schedule IV to the Act; and where the land is part of a survey or Sub-division No. and part is not identifiable without the assistance of a sketch, the Officer shall also prepare a sketch of such land.

Rule - 23. Tahsildar to countersign.

(1)     The declaration or certificate or record of possession or surrender memo, as the case may be, together with the mahazar and the sketch, if any, shall be submitted by the Officer referred to in rule 22 to the Tahsildar of the taluk in which the land is situate, and the Tahsildar shall, if he thinks fit, conduct any verification and after such verification, countersign the declaration, certificate of record of possession, as the case may be, and affix the seal of his Office there on.

(2)     The records referred to in sub-rule (1) shall be kept in the Taluk Office.

Rule - 24. Modification of Revenue Records.

The Tahsildar shall after countersigning the records referred to in sub-rule (1) of rule 23 and affixing his seal thereon in the manner provided in the said rule, take necessary steps to carry out changes in the revenue records relating to the lands.

Rule - 24A. [Transitory provision.

The provisions of this Chapter shall, so far as may be, apply in respect of cases continued to be dealt with by the Land Board by virtue of sub-section (3) of section 38 of the Kerala Land Reforms (Amendment) Act, 1972 (17 of 1972) as if for the words Taluk Land Board" wherever they occur in this Chapter, the words "Land Board" had been substituted][31].

[32]Chapter IV Assignment of lands Vested in Government and Management of the lands pending Assignment

(Sections 95 to 93)

General

Rule - 25. Land to be managed through the agency of Revenue Department.

(1)     Lands vested in the Government under section 86 or section 87 shall be managed by the land Board through the agency of the Revenue Department and the District Collectors shall act in that behalf under the general control and direction of the Land Board.

(2)     A register in Form No. 15 shall be maintained in each Taluk Office showing the lands in that taluk vested in the Government under sections 85 and 87.

Rule - 26. Protection of land from unauthorised occupation.

As and when any land is taken possession of under rule 19 or rule 20 or rule 21, the Tahsildar of the taluk in which the land is situate shall take prompt and adequate steps to ensure its complete protection from any unauthorised occupation or other interference whatsoever.

Assignment of land

Rule - 27. Applications to be invited.

(1)     As soon as may be after possession of a parcel of land is, under section 86 or section 87, surrendered or taken, the Land Board shall except in cases where the Government holds such land as a mortgagee with possession, publish or cause to be published a notice in Form No. 16 inviting applications before a specified date for assignment on registry of such parcel or portions thereof

(2)     The notice referred to in sub-rule (1) shall be published-

(a)      on the notice boards of the Office of the Taluk Tahsildar and of the local authority within whose jurisdiction the parcel of land to be assigned is situate and on the notice board of the village office of the village in which such parcel of land is situate;

(b)      on the notice boards of the village offices of the villages adjacent to the village referred to in clause (a) and on the notice boards of the offices of the local authorities having jurisdiction over areas adjacent to the area of jurisdiction of the local authority referred to in clause (a);

(c)      where it is considered by the Land Board essential to do so, in leading Malayalam daily news papers having vide circulation in the area in which the parcel of land to be assigned is situate.

(3)     The Land Board may also give or cause to be given such publicity to the proposal for assignment in such other manner as it thinks fit.

Rule - 28. Form of application, court fee and mode of presentation.

(1)     The application for assignment shall be in Form No. 1 7.

(2)     No court fee shall be payable in respect of any application referred to in sub-rule (1).

(3)     An application referred to in sub-rule (1) may be sent by registered post acknowledgment due.

Rule - 29. Conditions and restrictions regarding assignment.

(1)     Lands assigned under section 96 shall be heritable but shall not subject to the provisions of sub-rules (2) to (5), be alienable for a period of 12 years from the date of assignment or for the period during which the charge created under sub-section (3) of section 97 subsists, whichever is later.

[33][Provided that Government shall have power to waive the condition regarding alienation for the reasons to be recorded in writing in deserving cases.]

(2)     The assignee or his successor-in-interest as the case may be may mortgage such lands to the Government or a co-operative society or the Coffee Board or the Rubber Board or any other financing institution recognised by the Government in this behalf as security for obtaining loans for agricultural or land improvement purposes or, were a house is required for the occupation of the assignee or his family or the successor-in-interest of such assignee, for construction of such house under any of the Housing Schemes sponsored by the Government or for payment of the purchase price payable under section 97.

(3)     The Government, the co-operative society, the Coffee Board, the Rubber Board or other financing institution referred to in sub-rule (2) may alienate lands mortgaged to them or it as security for loans in satisfaction of the terms and conditions of the loan.

(4)     An assignee belonging to a Scheduled Caste or Scheduled Tribe the sanction of the Collector of the district in which the land assigned to him is situate may alienate the whole or any portion of the land to a member belonging to such caste or tribe, as the case maybe.

(5)     The assignee or a member of his family or, as the case may be, his successor-in- interest shall for the period during which the alienation is prohibited under sub-rule (1) reside in the land if such land is used for purposes of residence or personally cultivate the same if such land is used for agricultural purposes, provided that the Collector of the District in which such land is situate may by order in writing exempt any person subject to such restrictions and conditions he may impose from the operation of this sub-rule.

(6)     No cocoanut or areca nut tree or pepper plant or other trees or valuable improvements on the land shall, so long as the charge under subsection (3) of section 97 subsists on such land, be cut, removed or willfully damaged or destroyed by the assignee or any member of his family or any of his successors-in-interest or any person claiming under such assignee, member or successor-in-interest.

(7)     Any assignee who alienates any land assigned to him under section 96 in contravention of the provisions of sub-rule (1) shall not thereafter be eligible to get any other land on assignment under that section or under any other law for the time being in force relating to assignment of lands belonging to Government.

[34][(7A) Where the land to be assigned to the different assignees is a large extent of land and due to the peculiar nature or condition of the land, [35][agricultural operations therein cannot, in the opinion of the District Collector, be carried out separately by each assignee] but can be carried out only after bunding, dewatering or plumbing operations, etc., which require co-operative effort, the assignees shall form themselves into one or more joint farming co-operative society or societies and cultivates the land or become members or any joint farming co-operative society which cultivates the land within one month of the receipt of the deed of assignment, and shall not voluntarily withdraw from the membership of such co-operative society].

[36][(7B) Where the land to be assigned are compact blocks of not less than 25 acres in extent, planted with cashew, tea, coffee, cocoa, rubber, cardamom or cinnamon, and [37][such land can, in the opinion of the District Collector, be profitably managed only through co-operative effort,] the assignees shall form themselves into one or more joint farming co-operative society or societies and maintain, manage and develop such lands or become members of any joint farming co-operative society which manages the lands within one month of the receipt of the deed of assignment, and shall not voluntarily withdraw from the membership of such cooperative society].

(8)     The assignment of any land under section 96 shall be liable to be cancelled for contravention of any of the conditions or restrictions laid down in this rule and the land assigned shall be liable to be resumed by or at the instance of the authority which assigned the land as if such land is a land belonging to Government and in the un authorised occupation of the person then in possession or occupation, provided that no such cancellation shall be done without giving the party affected thereby a reasonable opportunity of being heard.

Rule - 30. Preparation of list of persons eligible for assignment.

(1)     As soon as may be after the expiry of the date for receipt of applications specified in the notice published under rule 27, the Land Board, shall verity applications received in such manner as it thinks fit and prepare a list of persons eligible under section 96 for assignment of land showing therein the extent of land that can be assigned to each applicant, which in no case shall exceed the limits specified in sub-sections (2) and (3) of section 96, and such other particulars as the Land Board thinks necessary to be included therein.

[38][Explanation. Where a person eligible to be included in the list is married and living with his wife, the joint names of the husband and wife shall be included in the list].

[39][(2) In preparing the list referred to in sub-rule (1), first preference shall be given to the kudikidappukaran, if any, on the land, whether he is an applicant or not and thereafter among the applicants, the following preference shall, subject to the provisions of sub-section (1) of section 96 be observed, as far as practicable-

(i)       Second preference shall be given to

(a)      unauthorised occupants of the land, if any, provided they have effected valuable improvements;

(b)      persons evicted from Government land; and

(c)      agricultural workers thrown out of employment owing to the lands in which they have been working have vested in the Government under-the Act;

(ii)      Third preference shall be given to persons who ordinarily reside in the village where the land proposed to be assigned is situate;

(iii)     Fourth preference shall be given to persons who ordinarily reside in the villages adjacent to the village in which such land is situate:

(iv)    Fifth preference shall be given to persons who ordinarily reside in the Taluk in which such land is situate.)

(3)   Among the persons entitled to preference 2(under clause (i) or clause (ii)] or clause (iii) or clause (iv) of sub-rule (2), a person eligible to get assignment of an extent of land higher than that of another entitled to preference under the same clause may in preparing the list under sub-rule (1), be given priority over that another.

(4)   Where two or more persons are entitled to get preference under the same clause of sub-rule (2) and where such persons are eligible to get assignment of the same extent of land, the order of priority to be given to such persons may be decided by drawing lots in such manner as the Land Board thinks fit.

(5)   Where any person included in the list prepared under sub-rule (1) is not assigned any land in respect of which such list was prepared the Land Board may, if such person has in his application under rule 28 expressed his willingness to be considered for assignment of any other land, consider him an applicant for that other land which may thereafter be assigned.

Rule - 31. Offer, acceptance and assignment

(1)     As soon as may be after the list referred to in rule 30 is prepared, the Land Board shall communicate to each person in the order of priority given in such list an offer to assign the land on registry subject to such conditions and restrictions as specified, in rule 29 and the provisions of the Act, and such offer shall be in Form No, 18.

[40][Provided that where the joint names of the husband and wife are included in the list the offer shall be made to both.]

(2)     Where on receipt of the offer under sub-rule (1) the person to whom the offer is made pays or deposits the purchase price in lump or the first instalment thereof within the time allowed or within such further time as may be allowed by the Land Board the land specified in such offer shall be assigned to him on registry; and a deed of assignment in Form No, 19 shall be executed.

[41][Provided that where the offer is made to both husband and wife under the proviso to sub-rule (1) the land specified in the offer shall be assigned on registry and the deed of assignment executed in the joint names of both on payment or deposit of the purchase price under this rule by either of them].

(3)     The purchase price payable by the assignee shall be deposited in the Government Treasury nearest to the land to be assigned to the credit of the Land Board under appropriate head to be specified by the Land Board or paid in such other manner as the Land Board may direct.

(4)     The deposit under sub-rule (3) shall be by a chalan in triplicate countersigned by the Secretary, Land Board.

(5)     The second and subsequent installments of the purchase price shall be due for payment or deposit on the expiry of one year from the date on which the previous installment was due for payment.

(6)     Where any person fails to pay or deposit the purchase price in lump or the first installment thereof within the time allowed under the offer or within such further time as may be allowed by the L and Board, the offer made shall be deemed to have been cancelled, and thereupon such person shall have no right to claim assignment or to pay or deposit the purchase price in lump or the first installment thereof.

(7)     Where any offer is deemed to have been cancelled under sub-rule (6) the Land Board shall offer to assign the land to other persons in the list selecting such persons in the order of priority in such list.

(8)     After the execution of the assignment deed under sub-rule (2) the assignee shall be put in possession of the land assigned and the Collector shall cause the boundaries of the land to be demarcated.

(9)     As soon as may be after the execution of the assignment deed, the Tahsildar of the taluk in which such land is situate shall take steps to make necessary changes in the revenue records, to survey and demarcate the land and to issue a patta in Form No. 20.

[42][Explanation. Where the assignment deed is executed in the joint names of the husband and wife patta shall be issued in the joint names of the husband and wife.]

Rule - 32. Reservation for public purposes.

Notwithstanding anything herein before contained, the Land Board may at any stage after a land is surrendered or taken possession of and [43][before the execution of the deed of assignment under sub-rule (2) of rule 31] reserve any such land or portion thereof for public purposes, such reservation and determination of public purposes being made in such manner as it thinks fit; and on such reservation, such land or portion shall be deemed to be land not available for assignment.

Rule - 33. Register of lands reserved and assigned.

A register of lands reserved and assigned shall be maintained in each Taluk Office in respect of lands within that taluk and such register shall be in Form No. 21.