Machinery And Procedure for Granting Registry

11. List of assignable land to be prepared.-

1. Before granting registry, Government shall cause to be prepared lists of the lands which should be reserved for Government or public purposes in each village and lists of the lands which may be made available for assignment in each village.
2.  Lands to be reserved for Government or public purposes shall include among others, as may be found necessary;
   (i) Porambokes as defined in the Kerala Land Conservancy Act, except those which may be assigned without detriment to Government or public interest;
   (ii) Lands required for Government of public purposes, other than those covered by the definition of ‘poramboke’ in the Kerala Land Conservancy Act;
   ⁴[(iii) Lands required or likely to be required for any settlement scheme or any other scheme sponsored by the Government];
   (iv) Lands likely to be required for the present or future Governmentor public purposes;
   ⁵[xxxx]

 1. Substituted by SRO 696/74 dt. 23-8-1974 pub. in K.G. No. 39 dt. 24-9-1974.
2. Substituted by SRO 281/70 dt. 9-7-1970 pub. in K.G. Ex. No. 201 dt. 9-7-1970.
3. Substituted by SRO 792/79 dt. 26-6-1979 pub. in K.G. No. 29 dt. 17-7-1979.
4. Substituted by G-O. (P) 687/67/RD dt. 30-12-1967 pub. in K.G. Ex. No. 244  dt. 30-12-1967.
 5. Omitted by ibid.
¹[(v) Lands on the sides of roads required for the widening of roads; lands within port limits or with in fifteen links (3.017 meters) on either side of stream; 2[xxxx] or within one chain (20.117 meters) of important irrigation channels without embankments or within twenty links (4.02 meters) of less important irrigation channels without embankments; or within fifteen links (3.017 meters) of irrigation channels with embankments 3[or within one hundred meters of the boundary of railway stations]; or within two hundred yards (183 meters) of the boundary of airodromes and landing grounds; or land near sea coast 3[within 100 feet (30.480 meters) of the high water mark of the sea].

•  Note.- Land near sea coast 3[within 100 feet (30.480 meters)] of the high water mark of the sea may, however, be temporarily assigned as house sites for fishermen and also for purposes of casuarina 3[coconut] plantations and erection offish oil and fish guano factories beyond hundred yard (91.5 meters) from the high water mark].

(vi) Lands required for colonisation purposes;
(vii) Lands specially reserved for assignment to back-ward communities;
(viii) Lands containing or believed to contain valuable minerals, quarriesetc; and
(ix) Lands acquired for Government purposes but not required for suchpurposes.
⁴[(x) Lands acquired for libraries and reading rooms].

 (3) After setting apart the lands required for future Government or public purposes, as stated in sub-rule (2),25 per cent of the land available for assignment in each village shall be reserved for assignment to members of the Scheduled Castes and Tribes 5[and ten per cent of such land shall be reserved for assignment to Ex-service men]:Provided that-

(i) if, in any village, the lands available for assignment under these rules are already occupied either under leases (current or time expired) or by way of encroachment and the occupants there of are entitled to assignment of lands under these rules, only the balance area, if any, that will be available after such assignment shall be reserved as aforesaid;
(iii) in the assignment of lands for house sites in sea coast villages, priority shall be given to landless fishermen in respect of lands which are situated beyond 3[one hundred feet] but within four furlongs

 1. Substituted by G.O.(P) 285/66/Rev. dt. 17-5-1966 pub. in K.G. No. 22 dt. 31-5-1966
2. Omitted by SRO 41/70 dt. 21-1-1970 pub. inK.G. Ex. No. 34 dt. 21-1-1970.
3. Substituted by G.O. (P) 687/67/RD dt. 30-12-1967 pub. in K.G. Ex. No. 244 dt. 30-12-1967.
4. Inserted by SRO 128/70 dt. 20-3-1970 pub. in K.G. Ex. No. 99 dt. 24-3-1970.
5. Inserted by SRO 73/72 dt. 14-02-1972 pub. in K.G. Ex. No. 109 dt. 15-02-1972. 
from the high water mark of the sea, if the lands are not already in the occupation of other persons who are entitled to get the lands assigned under these rules;¹[xxxx]
(5) Lands held of leases with or without limit of time including leases, under Kuthakapattam rules, shall also be taken into consideration for purposes of registry.
(6) The lists of lands to be reserved for Government or public purposes, and the lists of land to be set apart for assignment on registry shall be submitted to the Government for approval, and action to assign such lands on registry shall be taken only after the Government approve those lists:Provided that Government may authorise any authority subordinate to it to scrutinise and approve such lists
(7) The lists of lands which may be made available for lease or license shall be finally approved by the District Collector without reference to the Board of Revenue or the Government.
(8) Application for assignment of land shall be made to the Tahsildar in the Form in the Appendix IV to these Rules. Each such application shall bear court fee stamp of the value of Rs. 75p: Provided that applications for assignment of land under clause (Mi) of the provisio to sub-rule (3) of Rule 5 shall be made to the District Collector and each such application shall bear a court fee stamp of the value of Rs. 2.
² [Note.- Applicants belonging to Schedule Castes and Tribes and serving military personnel shall be exempt from affixing stamp on their applications].
12. Enquiry to be held,
²[(1) Before considering an application for assigning the land, the Tahsildar shall publish a notice under his signature inviting objections in writing from interested persons to the registry of land. The notice shall be in the form in Appendix V to these rules and give a minimum of fifteen days' time from the date of publication for preferring objections and the Tahsildar may, in his discretion admit objections received after that period. The notice shall be published by affixture in a conspicuous place in the land concerned and also in the Village Panchayat and Taluk offices and such publication shall be deemed to be legal and sufficient for purposes of these rules].
(2) Application by persons in possession for the assignment of land involved in Kuthakapattam and Land Conservancy cases may be disposed of by the Tahsildar, if the applicants are eligible to get the land onassignment under these rules and if there is no pronounced disparity regarding the particulars of the land as furnished in the case of records and as found in actual occupation,

1. Omitted by SRO 73/72 dt. 14-2-1972 pub. in K.G. Ex. No. 109 dt. 15-2-1972.
2. Substituted by G.O.(P) 285/66/Rev. dt. 17-5-1966 pub. in K.G. No. 22 dt. 31-5-1966.

¹[The list of assignable lands and the list of lands to be reserved for Government or public purposes are to be placed before the Taluk Land Assignment Committee for its recommendation and to be forwarded to the District Collector for approval. The application received for assignment on registry shall be duly enquired into by the Tahsildar and placed before the Taluk Land Assignment Committee for considering its merits. The reasons for rejection, if any, should be recorded in writing, In cases where the orders of the District Collector have to be obtained, the Tahsildar shall submit the case to the District Collector along with the recommendation of the Taluk Land Assignment Committee].

(4) On receipt of application for the assignment of lands under clause (iii) of the proviso to sub-rule (3) of rule 5, the District Collector shall as far as may be, follow the procedure laid down in sub-rules (1), (2) and (3) and, if he is satisfied that it is in public interest so to do, he shall assign such excess lands as admissible under these rules.
2[12A.(i) Notwithstanding anything contained in sub-rules (3) and (4) of Rule 12, the Government may constitute for each Taluk, a Committee called the Taluk Land Assignment Committee which may consist of officials and non-officials, for advising the Tahsildar in regard to the assignment on registry of lands available for assignment (vide Rule 11) for personal cultivation or house sites.
(ii) The Taluk Land Assignment Committee shall ordinarily have the following members:-
(1) One representative each of all the political parties who have representative(s) in the Legislative Assembly, (in case the State Committee of a party desires to change its nominee in any Taluk Committee, the State Committee may intimate the fact to the Government in writing, and the change shall accordingly be given effect to by the Government).
(2) Members of Parliament/Members of Legislative Assembly representing the Taluk or any part of the Taluk.
3[(2)(a) The President of the concerned Grama Panchayat and the Block Panchayat and the members representing the concerned area in the District Panchayat].
(3) One Harijan member to be nominated by the Government.
1. Substituted by G.O.(P) No. 51/97/Rd. dt. 28-1-1997 pub. in K.G. Ex. No. 112 dt. 28-1-1977 as SRO 67/97.
2. Inserted by G.O. (P) 331/68/Rd. dt. 21-6-1968 pub. in K.G. Ex. No. 137 dt. 22-6-1960.
3. Inserted byG.O.(P)No. 51/97/Rd. dt. 28-1-1997 pub. in K.G. Ex. No. 112 dt. 28-1-1977 as SRO 67/97.
(4) The Tahsildar of the Taluk.
(5) The Special Tahsildar or the Special Tahsildar for Assignment, if any, of the Taluk,
(iii) The Tahsildar of the Taluk (or the Special Tahsildar for Assignment, if specially ordered so by the District Collector in respect of any Committee) shall be the Convener of the Committee and shall preside over the meeting of the committee.
(iv) Not less than 1['/5] of the total number of members of the Committee shall constitute the quorum for the meeting of the committee.
(v) The committee shall consider application for assignment of land on registry for personal cultivation or house sites. Only those lands which are listed as available for assignment under Rule 11 of the Kerala Land Assignment Rules, 1964. shall come within the purview of the Committee. The Tahsildar shall place before the Committee all applications for registry of land of the aforesaid category, along with the relevant records of enquiry under Rule 12. After consideration of the applica-tion as also the records of enquiry, particularly, the objections or claims if any, the committee shall give their advice strictly according to the preference stated in the rules as to the persons to whom the particulars lands may be assigned. The Committee will indicate the survey number, extent and such other particulars as are necessary to identify the lands are proposed to be assigned in each case. The assignment of lands to institutions, companies, for commercial purposes and for schemes will be outside the purview of the Committee.
(vi) The advice of the committee supported by not less than 3/4 of the members present shall be accepted and given effect to by the Tahsildar, In cases where the Committee fails to reach the decision as aforesaid with the required majority, the Tahsildar shall assign the land according to rules].
2[(via) Notwithstanding anything contained in sub-rules (iv), (v) and (vi), if at any meeting there is not sufficient number of members present to form the quorum, the Tahsildar or the Special Tahsildar, as the case may be, shall assign the lands, the applications for assignment of which were proposed to be placed before the Committee at the meeting, according to rules].
(vii) Provisions relating to appeals and revisions will apply to all cases of assignment resorted to on the advice of the Land Assignment Committee also.
(viii) The Committee shall have right to bring to the notice of the Tahsildar any case of assignment in the past to persons who are not eligible according to rules within a period of two years from the date of the final order assigning the land on registry. Such case together with the records, if
1. Substituted by SRO 21/69 dt. 13-1-1969 pub. inK.G. Ex. No. 9 dt. 13-1-1969.
2. Inserted by SRO 883/78 dt. 7-8-1978 pub. in K.G. No. 39 dt. 26-9-1978.
any, are to be placed before the Committee for its consideration, and if the committee recommends cancellation of such assignment, the Tahsildar shall forward the records together with the recommendation of the Committee to the Board of Revenue for its decision,
(ix) The members of the Committee shall not be given any travelling allowance or daily allowance in connection with their sittings].