THE RULES FOR LEASE OF GOVERNMENT LANDS FOR TOBACCO CULTIVATION, 1963

[1][THE RULES FOR LEASE OF GOVERNMENT LANDS FOR TOBACCO CULTIVATION, 1963

PREAMBLE

In exercise of the powers conferred by section 7 of the Kerala Government Land Assignment Act, 1960 (Act 30 of 1960) the Government of Kerala hereby make the following Special rules for the lease of Government lands for tobacco cultivation namely:

Rule - 1.

Subject to the provisions of rules 2 to 20 unsurveyed foreshore lands and other Government lands used for raising tobacco cultivation or which are fit for raising tobacco cultivation may be leased out for raising tobacco cultivation.

Rule - [2.

The leasehold right for raising tobacco cultivation in the lands referred to in rule 1 shall be sold in public auction annually before the 1st September, for the year commencing from the 1st of October, of the same year and ending with the 30th of September, of the following year][2].

Rule - 3.

The Tahsildar of the Taluk shall be the selling officer.

Rule - [4.

The period of the lease shall be one year as aforesaid under rule 2. The lessee shall not have any claim or right over the land after the expiry of the period of lease. He shall surrender possession of the land unconditionally on the expiry of the period of lease][3].

Rule - 5.

The land shall be divided into blocks of 15 cents, a little more or less and demarcated with durable stones, preferably survey marks.

Rule - 6.

Neat plotted sketch showing the position, measurements and area of the blocks (to which numbers are assigned serially) shall be prepared and published conspicuously in the Village, Panchayat and Taluk Offices atleast 14 days before the date of the auction. The auction shall be conducted with the aid of the plotted sketch and mentioning the number of the block put up for auction. The blocks shall be shown to the successful bidders on a notified day after the auction is confirmed.

Note:- Expenses in connection with demarcation of blocks with durable stones and maintenance of the marks shall be met by the Department.

Rule - 7.

The sale shall be conducted at the premises of the Village Office within the jurisdiction of which the land is situate on a date and time to be appointed by the selling officer or any subsequent date and time to which the sale may be adjourned by the selling officer for valid reasons.

Rule - 8.

The notice of sale shall be published at least fourteen days in advance to the village by beat of tom-tom.

Rule - 9.

Only one block of 15 cents shall be put to auction at a time and the upset price for auction of such a block shall be twenty rupees.

Rule - 10.

[4][xxxx]

Rule - 11.

Each intending bidder shall make an initial deposit of ten rupees before the commencement of the sale, with the selling officer which amount shall be refunded to the unsuccessful bidders after the sale is over.

Rule - 12.

The highest bidder shall pay the bid amount less the initial deposit amount made under rule 11 to the selling officer immediately on the spot and obtain proper receipt. If the bid amount is not so paid, the bidder shall forfeit the initial deposit.

Rule - 13.

The purchaser shall not sub-let the land or alienate the lease-hold right in any manner.

Rule - 14.

The sale shall not be final until confirmed by the Revenue Divisional Officer.

Rule - 15.

It is open to the Collector of the district or any higher authority to cancel the sale confirmed by the Revenue Divisional Officer at any time for reasons to be recorded in writing and after giving an opportunity to the lessee to put forth his objections and after considering such objections.

Rule - 16.

In the event of the sale being not confirmed by the Revenue Divisional Officer or being set aside under rule 15, the purchaser shall be entitled to the refund of the purchase money and nothing else by way of compensation or damages.

Rule - 17.

The Government are not responsible for errors either in the description of the land or in their estimated extent.

Rule - 18.

It is open to the District Collector or any higher authority to debar for reasons to be recorded in writing any person from bidding at the auction sale permanently or for any specified period.

Rule - 19.

The grant order shall be in the form appended to these rules.

Rule - 20.

The purchaser shall abide by the conditions mentioned in these rules and also those specified in the grant order.

 

Appendix

Form of grant order

(See Rule 19)

Whereas................has purchased at a public auction the lease-hold right for raising tobacco cultivation in the land specified in the Schedule below for a period of one year commencing from (1st October]............(year) and has paid into the Treasury at..(Place) the sum of Rs...........being the purchase money of the said lease hold right, and whereas the sale has been confirmed by the Revenue Divisional Officer..............in the name of the purchaser, the said land is hereby granted to the purchaser for temporary occupation for raising tobacco cultivation for the period mentioned above subject to the conditions contained in the special rules for the lease of Government lands for tobacco cultivation and to the following conditions to which the aforesaid grantee has agreed.

(1)     The grant is liable to cancellation if it is found that it was grossly inequitable or was made under a mistake of fact or owing to misrepresentation or in excess of the limits of authority delegated to the Officer granting the land or that there was an irregularity in procedure. The authority competent to cancel the sale, under rule 1.5 may order cancellation on any of these grounds, after giving the lessee an opportunity to put forth objections if any and considering the same.

(2)     In the event of cancellation of the grant, the grantee shall not be entitled to compensation for any loss caused to him by the cancellation.

(3)     The grantee shall bring the land under tobacco cultivation himself during the currency of the lease period. The land shall not be subject or alienated in any manner.

(4)     The grantee shall not use the land or suffer it to be used except for the purpose of growing tobacco.

(5)     The grantee shall permit the officers and servants of the Government or any person authorised by the Government at all times to enter upon the land for inspection, measurements or any other allied purpose.

(6)     The grantee shall take steps to see that the survey and other marks made by the Officers of the Government on the land are preserved and are not tampered with.

(7)     The Government are not responsible for errors either in the description of the land or in their estimated extent.

(8)     In the event of the infringement of or the failure to observe any of the conditions mentioned above, the grantee shall pay to the Government such compensation as is determined by the Collector of the district for any loss or damage caused by such infringement or failure on his part. The Government or any officer authorised by them shall be at liberty to cancel the grant and re-enter on the land in case of infringement of the conditions of grant. In that case the grantee shall not be entitled to any compensation whatsoever.

(9)     The grantee shall not erect any building, fences, or structures of a permanent or temporary character on the land without the previous written sanction of the granting authority, provided the grantee may erect temporary sheds for the purpose of curing tobacco, which shall be demolished as soon as the curing work for the season is over, and at any rate before the expiry of the period of lease.

(10)   The grantee shall on the termination of the lease either by efflux of time or under condition 1 or condition 8 or condition 12, restore the said land to the Government in its original condition i.e., the condition at the time of the lease. He shall surrender unconditional possession of the land on the expiry of the period of lease.

(11)   The grantee shall be liable for all damages done to the said land and other Government property thereon.

(12)   The grant hereby given may be revoked by the selling officer after giving sixty days notice in writing and by any other authority to which the granting authority is administratively subordinate. The grantee shall not in case of such cancellation, revocation or termination of the sale be entitled to any compensation in respect of any improvements effected by the grantee in the land or for the loss caused by the interruption of the occupation.

(13)   In the event of termination of the grant under condition 12 the Government shall be at liberty to levy proportionate rental upto the date of such termination.

(14)   If any dispute or difference shall at any time arise as to the rights, duties or liabilities in respect of any matter or thing related to or arising out of the grant or in the interpretation of the meaning of all or any of the provisions herein contained, the said dispute or difference shall be referred for settlement by arbitration to the Collector of the District and his decision shall be final.

(15)   The grant includes all rights, easements and appurtenances belonging to the land or reputed to belong to it or usually held of enjoyed with it. The existing and customary rights of the Government and the public in roads and paths and rivers, streams and channels running through or bounding the land and the right of the Government to the mines and quarries, adjacent to the land are however reserved and are in no way affected by the grant.

 

Schedule

Boundary

In witness whereof 1 (name and designation) acting for on behalf of any by the order and direction of His Excellency the Governor of Kerala have hereunto set my hand this day of............

Place:

Signature and Designation of the

Date:

Granting authority.

 

Declaration

I declare that I shall hold the lease subject to conditions given above. I also declare that I shall abide by the rules which are now in force or may hereafter be issued by Government in regard to leases.

Signature of the lessee.