THE WYNAD COLONISATION SCHEME RULES, 1969

[1][THE WYNAD COLONISATION SCHEME RULES, 1969

PREAMBLE

In exercise of the powers conferred by section 3 of the Kerala Land Assignment Act, 1960 (30 of 1960) the Government of Kerala hereby make the following Rules, namely:

Rules

CHAPTER I General

Rule - 1. Short title and commencement.

(1)     These rules may be called the Government Land Assignment (Wynad Colonisation Scheme) Rules, 1969.

(2)     They shall come into force at once.

Rule - 2. Application.

These rules shall apply to Government lands included in the Wynad Colonisation Scheme and situate in the Villages of Ambalavayal, Nenmoni and Sulthanbathery in the South Wynad Taluk of the Kozhikode District.

Rule - 3. Exemptions.

Nothing contained in these rules shall apply to or affect

(a)      Government lands held under any special agreement with the Government;

(b)      Government lands which stand transferred to and vested in any Panchayat under the Kerala Panchayat Act, 1960 (32 of 1960).

Rule - 4. Definitions.

In these rules, unless the context otherwise requires.

(a)      Administrative Officer means an officer, not below the rank of a Tahsildar appointed by the Government for the administration of the Wynad Colonisation scheme;

(b)      alienation includes sale, gift, bequest under a Will, mortgage, hypothecation and lease;

(c)      allotted lands means lands allotted to colonists under the Wynad Colonisation Scheme;

(d)      assignee means a person to whom land is assigned under these rules and includes his heirs or successors in-interest;

(e)      colonist means a person to whom land has been allotted under the Wynad Colonisation Scheme;

(f)       family means a person, his wife or her husband, their children living with and dependent on them and the parents who are solely dependent on such persons or such of them as exist;

(g)      form means a form appended to these rules;

(h)     hold with its grammatical variations means to actually possess land;

(i)       local resident colonist means a pattadar or sivoyjamadar who was the resident of any land included in the Wynad Colonisation Scheme at the time of formation of the colony and to whom land was allotted under that scheme and includes his heirs or successors-in-interest and any aboriginals settled as a local resident colonist;

(j)       Scheduled Castes and Scheduled Tribes means the Scheduled Castes and the Scheduled Tribes referred to in clauses (24) and (25) of Article 366 of the Constitution of India and includes converts to other religions from Scheduled Castes and Scheduled Tribes;

(k)      village officer includes a village assistant;

(l)       Wynad Colonisation Scheme means the scheme framed by the Government of Madras in G.O. No. 3324/PH dated 28-12-1943 for settling down ex-servicemen, aboriginals, sivoyjamadars and other persons.

CHAPTER II Registry of land

Rule - 5. Assignment of land on registry.

The lands allotted to the colonists for settlement under the Wynad Colonisation Scheme may be assigned to them on registry in accordance with these rules.

Rule - [5A

The colonists or their legal heirs in occupation of the land shall apply to the Administrative Officer for the assignment of the land held under allotment, before 31-12-1977. The occupants of the land other than the colonists shall also apply to the Administrative Officer for the assignment of the land held by them before 31-12-1977. If any colonist or his legal heir in possession of the land does not apply for assignment, the colonist or his legal heir shall be removed from the list of colonists and the occupation shall be treated as encroachment for all purposes of these rules and the provisions of Rule 7 shall apply to assignments to such persons. In such cases they shall not be eligible for any compensation for the improvements made on the land if the final orders are for resumption of the land. But if in the course of proceedings for eviction a colonist or his legal heir submits applications for assignment, the proceedings may be withdrawn and the applications accepted and assignment ordered if otherwise entitled. If any of the occupants other than colonist also does not apply for assignment the occupation shall be treated as objectionable encroachment and shall be evicted under due process of law. In such cases they shall not be eligible for compensation for the improvements made on the land][2].

Rule - 6. Extent of land to be assigned.

(1)     The extent of land that may be assigned on registry in favour of a colonist shall ordinarily be the actual extent of land originally allotted to him from the colony at the time of settlement:

Provided that where the extent of dry land held by a colonist is in excess of or is less than the original extent of land allotted to him such excess or shortage up to 40.47 Ares shall be ignored and the actual extent of land shall be assigned to him:

Provided further that in the case of dry land on which valuable improvements have been made by the colonist by planting coffee, pepper, tea, rubber, cardamom, cinchona, areca nut or coconut or by way of construction of buildings an excess of-

(a)      80.94 Ares where the extent of the land originally allotted to a colonist was 2.025 hectares (5 acres) or less; or

(b)      three acres (1.215 hectares) where the extent of land originally allotted was more than five acres (2.025 hectares) but less than seven acres (2.835 hectares); or

(c)      four acres (1.620 hectares) where the extent of the land originally allotted was more than seven acres (2.835 hectares) shall be assigned to him;

(2)     Where the shortage of land is in excess of the extent mentioned in the first proviso to sub-rule (1), the shortage shall be made good by assignment of suitable lands, if available, after conducting such enquiries as may be deemed necessary into the cause of the deficiency in extent and if the Administrative Officer is satisfied that the deficiency in extent was not on account of the default of the colonist.

(3)     In cases referred to in sub-rule (2), pattayam shall be issued to the colonistin the first instance for the actual extent in his possession as disclosed from the survey records and a supplementary pattayam shall be issued as and when other suitable lands are found available and the colonist found eligible for assignment of additional lands.

(4)     Where the extent of wet land in the possession of a colonist is in excess of or less than the extent of land originally allotted to him, up to 50 cents (20.2345 Ares) shall be allowed irrespective of the extent of land originally allotted, and pattayam shall be issued for the actual extent if it falls within the margin referred to above.

(5)     The provisions of sub-rules (2) and (3) shall as far as may be, apply to the cases referred to in sub-rule (4) where the extent of land in actual possession is less than the extent of land originally allotted.

(6)     Possession of lands by any colonist in excess of the limits referred to in sub-rules (1) and (4) shall be treated as objectionable encroachments and shall be dealt with accordingly.

Rule - 7. Maximum extent which may be assigned to non-colonists.

(1)     Where any person or family is in occupation of lands included in the Wynad Colonisation Scheme under a lease, whether current or time expired, or by way of encroachment not considered objectionable by the Administrative Officer [3][If such occupations is before the first of August 19711 such land shall, subject to the provisions of sub-rules (2) and (3), be assigned to him or it.

(2)     The extent of land that shall be assigned on registry in favour of a single person or family, who or which is not a colonist, for personal cultivation by him or the members of the family shall not ordinarily exceed 5 acres.

(3)     When a person or family owns or holds any land over which he or it has proprietary right or has fixity of tenure, only the balance extent of land necessary to make up the extent admissible under sub-rule (2) shall be assigned to him or it on registry.

Rule - [7A.

All other assignments not falling under rules 6 and 7 shall be dealt with under the Kerala Land Assignment Rules, 1964][4].

Rule - 8. Authority competent to assign lands.

(1)     The administrative Officer shall be the authority competent to assign lands [5][under Rules 6 and 7].

[6][(2) In respect of the assignment falling under rule 7-A, the Administrative Officer, Ambalavayal shall have all the powers of a Tahsildar as defined in Sub-rule (h) of rule 2 of the Kerala Land Assignment Rules, 1964).

Rule - 9. Issue of Pattayams to legal heirs of deceased Colonists.

(1)     Where a colonist has died [7][before the issue of permanent pattayam under these Rules] assignment on registry shall be made in the names of all the legal heirs jointly or in the name of the nominee of the deceased colonist or the person substituted as the colonist, after conducting such enquiries as the Administrative Officer may consider necessary.

(2)     Where a local resident colonist has died [8][before the issue of permanent pattayam under these Rules], the registry shall be made jointly in the names of all the legal heirs after conducting such enquiry as the Administrative Officer may consider necessary in each case.

[9][Note:- If a colonist has not been heard of for one year by those who would naturally have heard of him and the land allotted to him is occupied by his nominee family, the Administrative Officer shall get an affidavit to that effect from the nominee and other adult members of his family and publish a notice that the land allotted to the colonist would be assigned on registry to the nominee/legal heirs of the colonist if the colonist does not appear and claim registry in his name within one month of the publication of the notice. If no claim is received the Administrative Officer shall order the registry of the land to the nominee/legal heirs presuming the colonist as dead].

Rule - 10. Issue of Pattayams after partition of allotted lands.

(1)     In cases falling under rule 9, if the lands to be assigned on registry have been partitioned among the legal heirs before the commencement of these rules and such partition is valid in other respects, a joint pattayam for the entire lands shall be issued in the names of all such legal heirs.

(2)     Partitions of allotted lands affected by a colonist shall be treated as null and if any person other than the colonist in possession of such allotted lands under such partition shall be treated as an encroacher for all purposes of these rules; and the provisions of rule 7 shall apply to assignments to such encroachers.

Rule - 11. Illegal transactions effected by colonists.

(1)     Any colonist who has transferred his rights in the lands allotted to him by way of sale, gift, mortgage, hypothecation or lease shall not be granted any pattayam.

(2)     A colonist referred to in sub-rule (1) shall be removed from the list of colonists if not already done and the occupant of the land at the commencement of these rules shall be treated as an encroacher for all purposes of these rules; and the provisions of rule 7 shall apply to assignments to such encroachers.

(3)     A colonist who has not been declared as a deserter may be granted pattayam to the extent of the land in his occupation.

(4)     A colonist who has been declared as a deserter but who is occupying the land shall be treated as an encroacher for all purposes of these rules; and the provisions of rule 7 shall apply to assignments to such encroachers.

Rule - 12. Colonists who have taken loans from Coffee Board to hypothecate lands.

In the case of a colonist who has taken a loan from the Coffee Board, pattayam shall be issued only after he produces a no objection certificate from the Coffee Board or hypothecates to the Coffee Board for the amounts due to it, the land in respect of which the pattayam is to be granted.

Rule - 13. Conditions of assignment.

(1)     Land assigned on registry shall be heritable and alienable.

[10][(1-A) Notwithstanding anything contained in sub-rule (1) unoccupied lands assigned on registry shall not be alienable for a period of three years from the date of registry provided that the assignee may mortgage such lands.

(a)      to the Government or Co-operative institutions or the Coffee Board or the Rubber Board, as security for obtaining loans for agricultural or land improvement purposes or for growing Coffee or Rubber; and

(b)      to the Government or Co-operative institutions as Security for obtaining loans for house constructions under the Village Housing Project Scheme or any other Housing Schemes sponsored by the Government, if such house is required for the occupation of the assignee or his family].

(2)     [11][The Assignment on registry shall be liable to be cancelled for contravention of the provision in sub-rule (1 A)]. An assignment on registry shall alsol be liable to be cancelled within a period of five years from the date of assignment if it is found that the assignment was grossly inequitable or was made under a mistake of fact or owing to wrong representation of facts or in excess of the limits of the powers delegated to the assigning authority or that there was an irregularity in the procedure for such assignment.

(3)     An assignment on registry shall also be subject to the conditions specified in the order of assignment.

(4)     In the event of cancellation of the assignment of any land on registry, the assignee shall not be entitled to any compensation for improvements made by him on that land.

(5)     The authority competent to order the cancellation of an assignment on registry shall be the authority which made the assignment or one superior to it.

(6)     No assignment on registry shall be cancelled under these rules without giving the party affected thereby reasonable opportunity of being heard.

Rule - 14. Order of assignment and issue of Pattayam.

(1)     An order of assignment on registry shall be issued in Form 1.

(2)     Where the assignment is made subject to survey and demarcation of the extent assigned, the Administrative Officer may, after the completion of the survey and demarcation, make the necessary alterations in the survey and sub-division number and the extent shown in the pattayam.

(3)     A pattaym shall be issued in Form II.

(4)     Where arrears of land revenue or any sum in lieu thereof including prohibitory assessment, fines and arrears of lease amount, in respect of the land assigned is payable to the Government, the arrears outstanding on the date of assignment or an amount equal to the basic tax due on the land for the period commencing on the 1st April, 1961, or for the period of actual occupation, whichever is less, shall be collected from the assignee:

Provided that in the case of colonists, basic tax shall be realised only for the period commencing on the 1st April of the financial year in which the assignment on registry has been made.

(5)     The land assigned on registry shall also be subject to general taxes and local rates payable under any law for the time being in force.

(6)     The assignee shall remit arrears of taxes, cesses and other amounts due from him and the value, tree value and other charges leviable under these rules within six months from the date of the order of assignment on registry:

[12][x x x]

Provided further that the District Collector upto a period of two years from the date of the order of assignment on registry, and the Board of Revenue, for periods exceeding two years from such date, may, for reasons to be recorded in writing, condone the delay in the payment of land value, tree value and arrears of taxes and cesses and other charges due from the assignees:

Provided also that an assignee shall not cut and remove trees from the land assigned before such dues are paid without the previous permission in writing of the Administrative Officer:

Provided also that before granting such permission, the Administrative Officer may direct the assignee to remit the estimated value of the trees sought to be cut and removed.

[13][Note:- Arrears of assignment dues shall bear interest at 6% per annum].

Rule - 15. Certain colonists to be given timber for house construction.

Every colonist who is entitled to assignment under these rules and to whom timber has not been given before the date of commencement of these rules free of cost shall be entitled, in accordance with the provisions of rule 16, timber other than teak, blackwood (rosewood), ebony and sandalwood for the purpose of constructing a house in the allotted lands or for repairing or improving a house already constructed therein.

Rule - 16. Land value and other dues to be paid.

(1)     The land value payable under sub-rule (6) of rule 14 shall be at the following rates:-

Dry land [14][Rs. 200 per acre/40.47 ares].

Wet land (including reclaimed lands) - [15][Rs. 200 per acre/40.47 ares]

(2)     The assignee shall also be liable to pay the value of the trees, plants and vines, if any standing on the land at the time of assignment, at the seigniorage rates for the time being in force and subject to the following conditions-

(a)      Where the assignee is entitled to timber free of cost under rule 15, in calculating the tree value, seventy five cft (2. 12m3) timber shall be excluded.

(b)      No tree value shall be payable in respect of

(i)       trees having girth below 120 CM;

(ii)      where the assignee was already in occupation of the land and has planted trees, plants or vines thereon, such trees, plants or vines planted by him;

(c)      If the value of such trees, plants and vines standing on the land to be assigned calculated under this rule does not exceed Rs. 10 no tree value shall be payable; but where such value exceeds Rs. 10 the amount in excess of Rs. 10 shall alone be payable:

(d)      If the assignee is not agreeable to pay the tree value, the Administrative Officer shall dispose of in public auction the trees, plants and vines which represent the excess over Rs. 10 in value.

(3)     Teak, blackwood (rosewood), ebony and sandalwood trees standing on the land shall be the property of Government and the assignee shall be liable to take care of all such trees standing on the land at the time of assignment or that may come into existence subsequent to the assignment.

(4)     Where assignment on registry is made subject to survey and demarcation of the extent assigned, cost of survey and demarcation shall be recovered from the assignee at the following rates:

(a)      Survey charges [16][Rs 5 per acre/40.47 ares or fraction thereof and three rupees if the area is less than 50 cents/20.23 ares]

(b)      Demarcation charges [17][Three rupees and 50 paise] per survey stones (including cost of planting the stone).

(5)     No land value, shall be recovered from assignees who are colonists or who belong to the Scheduled Castes or the Scheduled Tribes, and no survey and demarcation charges shall be recovered from assignees belonging to the Scheduled Castes or the Scheduled Tribes.

Rule - 17. Application for Assignment.

(1)     Application for assignment of land under these rules shall be made to the Administrative Officer in Form III.

(2)     An application under sub-rule (1) shall bear a Court Fee Stamp of the value of 75 paise:

Provided that applications from persons belonging to the Scheduled Castes or the Schedule Tribes shall be exempt from affixing such stamp.

Rule - 18. Enquiry to be held.

(1)     Before considering an application for assignment of land, the Administrative Officer shall publish a notice under his signature inviting objections in writing from interested persons to the assignment of the land on registry.

(2)     The notice under sub-rule (1) shall be in Form IV and shall give a minimum period of fifteen days from the date of publication for preferring objections.

(3)     The notice shall be published [18][in the Government Gazette], in the Village Office and in the Office of the Administrative Officer, and such publication shall be deemed to be sufficient for the purposes of these rules.

(4)     If no objections or claims are preferred within the period specified in the notice, the Administrative Officer may assign the land after such enquiries as he deems fit.

(5)     In cases where objections or claims have been preferred within the period specified in the notice, the Administrative Officer shall enquire into those objections and claims in such manner as he thinks fit and if on such enquiry, he finds them to be not valid, he shall reject them and proceed with the registry.

(6)     If it appears to the Administrative Officer that the objections and claims referred to in sub-rule (5) are valid, he shall conduct further enquiries in each case and pass such orders in writing as he deems fit.

Rule - 19. Issue Of order for assignment on registry.

(1)     The order of assignment on registry shall be served on the assignee either in person or by registered post acknowledgement due.

Rule - 20. Appeal to the District Collector.

(1)     An appeal shall lie to the District Collector against an order passed under these rules by the Administrative Officer or any Officer authorised under rule 23 to exercise the powers or perform the functions of the Administrative Officer.

(2)     The appeal under sub-rule (1) shall be presented within thirty days from the date of receipt by the appellant of the order appealed against:

Provided that the District Collector may admit an appeal after the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within that period.

(3)     No appeal shall be admitted unless it is duly stamped and is accompanied by the original decision or order, appealed against or a certified copy thereof.

(4)     The appellate authority may confirm, vary or cancel the decision or order appealed against.

(5)     No decision or order prejudicial to any person shall be made in appeal, without giving, that person a reasonable opportunity of being heard.

Rule - 21. Revision by Board of Revenue.

The Board of Revenue may either suo motu or on application, revise, cancel or alter any order passed by the Administrative Officer or the Officer referred to in sub-rule (1) of rule 20 or the District Collector under these rules:

Provided that no proceedings in this behalf shall be initiated by the Board after expiry of two years from the date of such order and no order prejudicial to any person shall be passed by the Board of Revenue under this rule without giving that person a reasonable opportunity of being heard.

Rule - 22. Registers and Accounts to be maintained.

The registers and accounts necessary for the purpose of these rules shall be duly maintained by the Administrative Officer or any person authorised by him in that behalf.

The Administrative Officer shall maintain a register showing the lands assigned in each block under the Wynad Colonisation Scheme, with particulars of the assignee, extent, and such other details as may be specified by the Collector.

Rule - 23. Recovery of Government dues.

All amounts due to the Government under these rules from the assignee and other amounts due to the Government by way of repayment of any loan advanced by the Government to the assignee or any of his predecessors-in-interest shall be a first charge on the land assigned and may in case of default, be recovered as if they are arrears of public revenue due on land under the Revenue Recovery Act for the time being in force.

Rule - 24. Delegation of powers of Administrative Officer.

The Government may, by notification in the Gazette, authorise any officer not below the rank of Tahsildar to exercise all or any of the powers or perform all or any of the functions of the Administrative Officer under these rules subject to such conditions and restrictions as may be specified in the notification.