[1][THE
KERALA STAMP (FIXATION OF FAIR VALUE OF LAND) RULES, 1995] In exercise of the
powers conferred by section 69 of the Kerala Stamp Act, 1959 (17 of 1959), read
with sections 28A, 45A and 45C thereof, Government of Kerala hereby make the
following Rules, namely:- (1)
These
rules may be called the Kerala Stamp (Fixation of Fair Value of Land) Rules,
1995. (2)
They
shall be deemed to have come into force on and with effect from the Ist day of
April, 1994[2] In these rules, unless the contest otherwise
requires,- (a)
'Act"
means the Kerala Stamp Act, 1959 (17 of 1959); (b)
"Collector"
means the Chief Officer who is in charge of the administration of a Revenue
District; (c)
"Registering
Officer" means an Officer registering documents under the Registration
Act, 1908 (Central Act XVI of 1908); (d)
"Revenue
Divisional Officer" means the Chief Officer in charge of the
administration of a Revenue Division; (e)
"Members
of family" means husband, wife, children and the legal heirs of the
deceased children, if any; (f)
"Village"
means a Revenue Village. (1)
The
Revenue Divisional Officer, shall for the purpose of fixation of fair value of
land as required under section 28A of the Act, ascertain the fair value of land
by classifying the lands as those lying in (i) Municipal Corporation Areas (ii)
Municipalities and (iii) Rural areas. (2)
Within
each of the above categories, the lands may again be classified as commercial
area, residential area, areas adjoining railway station, bus stations,
factories, educational institutions etc., agricultural lands (wet and dry) and
others as provided in sub section (2) of the said section. (3)
Based
upon above classification and categorisation to be used for comparative
valuation in the same village/area for different types of land, Revenue
Divisional Officer shall proceed to fix fair value of all lands in his
jurisdiction. (4)
Necessary
reductions shall be granted if there are mitigating circumstances, such as
lands being rocky/water logged or in close proximity of dumping yards, grave
yards or similar other characteristics. (1)
The
Revenue Divisional Officer shall, after having fixed the fair value of the land
as provided in rule 3, publish a notification in Form 'A' appended to these
rules and cause copies of the same exhibited in his office, the Taluk Office,
the Village Office, Office of the local body and offices of the District
Registrar and Sub Registrars concerned. (2)
The
Revenue Divisional Officer shall forward copies of the notification to the
Superintendent of Government Presses for publication in the Official Gazette
and to the District Collector, the Board of Revenue and the Government for
information. (3)
The
Revenue Divisional Officer shall also forward copies of the Notification to the
Inspector General of Registration, the District Registrar and the Sub
Registrars concerned. (1)
An
appeal under sub-section (4) of section 28A of the Act shall be in Form B
affixing court fee stamp to the value of Rs. 25. (2)
If
the appeal is not preferred in the prescribed Form or without adequate court
fee or, not accompanied by necessary documents, shall be dismissed in limine. (3)
The
Collector shall examine the appeal taking into account all factors relating to
the fair value of the land and take appropriate decision there on provided that
the petitioners shall be given a reasonable opportunity of being heard before
taking a final decision. (4)
The
Collector shall take a decision within 60 days from the date of filing of the
appeal or within such further time, not exceeding 30 days as may be necessary
for the reasons to be recorded in writing. (5)
The
decision of the Collector shall be final. (6)
Collector
may call for or receive such evidence as is necessary including compensation
awarded by a Court in Land Acquisition cases and valuation given for granting
solvency certificates, for determining the fair value. (7)
The
Collector shall communicate the decision, either confirming or modifying the
fair value fixed, to the appellant and the Revenue Divisional Officer
concerned. (8)
In
case the fair value of land has been modified by the Collector in appeal he
shall cause publication of the same in Form 'C' in the Official Gazette. (1)
The
fair value of land fixed may be revised every five years, or earlier if, in
opinion of the Government any substantial change of the fair value of land has
taken place. (2)
The
revision under sub-rule (1) shall be made by observing the same procedure as
specified in these rules for fixing the fair value of land. (1)
An
appeal under Sub-section (4) of section 45A of the Act shall be presented to
the Collector within whose jurisdiction the land is situate, within 30 days
from the date of order of the Registering Officer. (2)
Every
appeal petition shall be affixed with court fee stamp of Rs. 50 (rupees fifty)
and shall be accompanied by a certified copy of the original order. (3)
On
receipt of the appeal petition the Collector shall, as soon as possible,
examine the same and ensure that:- (a)
the
persons presenting appeal has 'locus standi'. (b)
it
is filed within the prescribed time; and (c)
it
is in confirmity with provisions of the Act and the Rules. (1)
The
Collector may before taking final decision, obtain from any source such further
information, as may be necessary for the purpose. The Collector may also call
for such information as he deems necessary from the parties and,- (a)
call
for any information or record from any public office or authority under the
Government or local body; (b)
examine
and record statements from any member of the public, or authority under the
Government of a local body; and (c)
inspect
the land after due notice to the parties concerned. (2)
The
appellant shall be given a reasonable opportunity of being heard before taking
a final decision on the appeal. (3)
The
Collector shall pass such orders on the appeal as may deem just and reasonable,
within a period of 30 days from the date of filling of the appeal or within
such further time not exceeding 15 days as may be necessary, for reasons to be
recorded in writing. (4)
The
order of the Collector shall be final. (1)
On
receipt of a reference under sub-section (1) of section 45C of the Act, the
Collector shall issue a notice to every person by whom and, every person in
whose favour the instrument has been executed, informing them of the reference
from the registering officer for an order for purchase of the land by the
Government and asking the persons likely to be affected thereby to submit to
him representations if any, in writing, to show that the fair value of the land
has been truly set forth in the instrument and, to produce all evidence in
support of their contentions. (2)
The
parties shall be given a reasonable opportunity of being heard before taking a
final decision. (3)
The
Collector may, if he deems fit, record statements from the parties to whom
notices under sub-rule (1) have been issued. (4)
The
Collector may, for the purpose of enquiry,- (a)
call
for any information or record from any public office or authority under the
Government or a local body; (b)
examine
and record statements from any member of the public or authority under the
Government or a local body; and (c)
inspect
the land after due notice to the parties concerned. (5)
After
holding the enquiry as provided is sub-rules (1) to (4), the Collector shall
pass an order in writing, determining the fair value of the land and the duty
payable on the instrument based on such fair value and direct the persons
liable to pay the stamp duty, to pay the deficit duty together with such
penalty, not exceeding twenty-five per cent of the fair value of the land,
within twenty one days or such further period of time not exceeding 10 days as
the Collector may fix. for reasons to be recorded in writing. (6)
On
payment of such duty, the Collector shall endorse a certificate of such payment
on the instrument under his seal and signature and thereupon the instrument
shall be duly registered by the Registering Officer. (7)
If
the person fails to comply with the directions under sub-rule (5), the
Collector shall order for the purchase of the land by the Government as
provided in sub-section (3) of section 45C of the Act. (8)
(a)
The Collector shall cause to publish copies of the order issued under
sub-rule (7), in his office, the Taluk Office, the Village Office, the office
of the Local Body and Offices of the District Registrar and Sub-Registrars
concerned. (b) The list of the order shall be publish in
two dailies having wide circulation in the District. (c) The Collector shall forward copies of the
order to the Superintendent of Government Presses for publication in the
Official Gazette with copies to the Government and the Board of Revenue; (d) The Collector shall also forward copies of
the order to Inspector General of Registration and the District Registrar
concerned. (9)
The
Government shall provide necessary funds for payment as per sub-section (4) of
section 45C of the Act.THE KERALA STAMP (FIXATION OF
FAIR VALUE OF LAND) RULES, 1995
PREAMBLE