THE KERALA GOVERNMENT

LAND ASSIGNMENT ACT, 1960

AND THE RULES

Dr. D Sajith Babu, Dr. D Sajith Babu, Institute of Land & Disaster ManagementInstitute of Land & Disaster Management

IAS 2015 Batch Training

Government land means:

Land as described under Section 3[1] & 3[2] of Kerala Land Conservancy Act,1957

Land Assignment means:

Transfer of Government land on registry to the persons eligible and includes Lease and a grant of License for the use of land

Transfer of Registry through “assignment” means

Government is parting its right,

possession and enjoyment of a piece of

Government land with the assignee

conditionally

“Lease” as per Section 105 of the Transfer of Property Act,1882 means

Lease of immovable property is a transfer of a right to enjoy such property made for a certain time in consideration for a price paid or promised to the “lessor” by the “lessee” called “rent”.

Under Section 108 of the said Act, the lessee is entitled to be put in possession of the property. A lease is therefore a transfer of an interest in land. The interest transferred is called the leasehold interest. The lessor parts with his right to enjoy the property during the term of the lease.

“License” as per section 52 of the Indian Easements Act, 1882 means

Where one grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license. The consideration gained by the “licensor” and lost by “licensee” is called “fee”

Historical perspective Historical perspective Travancore area:

a. Rules for the sale of wasteland on the Travancore Hills,1865 b. Rules for the grant of land to the proprietors of coffee estate, 1877c. Rules for the sale of wasteland on the Travancore hills for coffee and tea cultivation,1918 b. The Travancore government land assignment Act,1922 c. Kuthakapattom Rules, 1947

Travancore – Cochin area:Travancore-cochin government land assignment Act, 1950

Malabar area: The government grants Act, 1895(Central Act)

Power to make Rules [Sn. 7] to …….

I. Prescribe the manner in which assignment whether by public auction or otherwise

II. Prescribe qualification of persons to whom assignment of lands

III. Prescribe the order of priority for the assignment of land

IV. Prescribe the authority for making such assignment

V. Prescribe the procedure to be followed in assigning of land

VI. Provide for publication of notifications and service of notices

VII. Prescribe the procedure for enquiry

VIII.Prescribe the rates of land and improvements and mode of recovery

IX. Provide for the protection of royal trees

X. Prescribe the restrictions, limitations and conditions

XI. Provide for appeals

XII. Prescribe the time limit for appeals

XIII.Regulate the powers of the Appellate Authority and the procedure to be followed

VII. Provide for revision by the Commissioner and prescribing the time limit

VIII.Regulate the issuing of Patta or other Title deed

IX. Prescribe forms, wherever necessary

X. Generally for carrying out the purposes of the Act.

POWER TO OVERRULE THE RULES

Validation of Rules framed:

All Rules made under this Act shall be laid, for not less than 14 days, before the Legislative Assembly, as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the Session in which they are so laid or the session immediately following

Government lands are not assignable on

registry if the same is termed as

“Poromboke” in the records

“Poromboke” lands are brought under the list

of assignable lands called “Tarisu” before

making any assignments on registry

“Poromboke” lands can be assigned on “lease /

license” after complying the formalities

Government do not have any right to

assign/lease/license out lands belonging to

private individuals/firms to anyone

“Tarisu” is assigned on registry only conditionally for the following purposes;

i. For cultivation in Panchayath areas

ii. For house sites

iii. For shop sites or other commercial or charitable purpose in Municipal Corporation areas

iv. For beneficial enjoyment

Conditions prescribed are applicable to the assignees and legal heirs. But lacks clarity on whether applicable to “successors in interest”

Assignment on “lease” or “license” can be for

a. Retting of coconut husksb. Stocking of materialsc. Play groundsd. Laying of pipe linese. Putting up drainage

coverings and construction of steps on road margin

Assignment on “lease” or “license” can be for

f. Putting up shopsg. Constructions of Petrol bunks

h. Such other purposes as decided by Government

Lands within port limit shall be leased or licensed for marine purposes by the Port Department in consultation with Revenue Department and for non marine purposes by Revenue Department in consultation with Port Department

Rules of assignment: General

I. For Panchayath areas: The Kerala Land Assignment Rules, 1964

II. For other areas: Rules For Assignment Of Lands In Municipal, Corporation Areas, 1995

Rules of assignment: Special purpose1. The Kerala Land Assignment

(Regulation Of Occupations Of Forest Lands Prior To 01.01.1977) Special Rules, 1993

2. The Arable Forest Land Assignment Rules, 1970

3. Rules For Assignment Of Government Land For Industrial Purposes,1964

4. Special Rules For The Assignment Of Government Land For Rubber Cultivation, 1960

Rules of assignment: Special purpose

5. Rules For The Assignment Of Government Lands For Settlement Of Agricultural Labourers, 1963

6. The Bhoodan Assignment Rules, 1962

7.Co-operative Colonisation Scheme, 1971

8. High Range Colonisation Scheme Rules, 1968

9. Kandukrihi Land Assignment Rules, 195810. Rules For Lease Of Government Lands For Cardamom Cultivation, 196111. Rules For Lease Of Government Lands For Tobacco Cultivation, 196312. Rules For Lease Of Land Of Government Offices And Bungalows, 1967

Rules of assignment: Special purpose

13. Rules For Sale Of Lands For Coffee Or Tea Cultivation (Revival) Rules,197414. Waste Land Rules Regarding Sale Of Land For Coffee Or Tea Cultivation15. Settlement Scheme Patta Rules, 197016. Wayanad Colonisation Scheme Rules, 1969

Rules of assignment: Special purpose

Thank you ……Thank you ……

Dr. D Sajith BabuDr. D Sajith BabuInstitute of Land & Disaster ManagementInstitute of Land & Disaster Management

Sajith.ildm@gmail.com85476100058547610005