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Priority to be observed in assignment

1 [7. Priority to be observed in assignment.-

  1. Where any person is in occupation of Government lands under lease, whether current or time expired, or by way of encroachment not considered objectionable 6[such land if such occupation is before the first day of August 1971 shall be assigned to him on registry:]Provided that the total extend of land, if any, owned or held by him in proprietary right or with security of tenure is less than the limits laiddown in sub-rule (1) of rule 5 or the annual family income from sources other than the Government lands held by him is below Rs. 1[10,000]:
  2. In the case of unoccupied lands, the following order of preference shall be observed in granting registry:-
  • (i) First preference.- for persons who do not own or hold any land either in proprietary right or with security of tenure and whose annual family income does not exceed Rs. 1[10,000]: Provided that in assigning lands under this clause 2[ten percent of the area shall be assigned to Ex-servicemen and] not less than twenty five per cent of the area shall be assigned to the members of the Scheduled Castes and Scheduled Tribes subject to availability of applicants.
    Explanations:-For the purpose of this clause, a Kudikidappukaran or the holder of a Kudiyirippu shall be deemed to be a person who does not own or hold any land;
  • (ii) Second preference:- for person who do not own or hold any land either in proprietary right or with security of tenure who are disabled while in active military service or who are dependent of those who are killed or disabled while in active military service;
  • (iii) Third preference.- for small holders who have not been able to resume their lands due to expiry of the time for applying for resumption and whose annual family income does not exceed Rs. 1[10,000].
    Explanation:-For the purpose of this clause, "small holder" means a small holder as defined in the Kerala Land Reforms Act, 1963 (1 of 1964);
  • (iv) Fourth preference.- for serving military personnel with an approved service of not less than three years and who are decorated for gallantry or their dependents who do not own or hold any land either in proprietary right or with security of tenure;
  • (v) Fifth Preference for persons whose annual family income does not exceed Rs. 2[10,000] and the total extent of the land owned or held by them either in proprietary right or with security of tenure is less than the extent prescribed in these rules.

    3.No registry shall be granted to any family in occupation of Government land either under a lease, current or time expired or by way of encroachment, unless it surrenders to Government, without claiming any compensation, the land in excess of the extent proposed to be registered in its favour. If there is excess land, in its possession and if is not willing to surrender the excess land eviction will be resorted to.

1. Substituted by SRO l142/89 dt. 28-6-1989 pub. in K.G. No. 45/89 dt. 14-11-1989.
2. Inserted by SRO 73/72 dt. 14-2-1972 pub. in K.G. Ex. No. 109 dt. 15-2-1972.
6. Substituted by SRO 284/71dt. 03/08/1971 pub. in K.G.Ex. No. 346 dt. 06-08-1971

1 [7A. Preference to Kumkidars.-

  1.  Preference shall be given to the former Kumkidars 2[who had applied for assignment before the 6th December, 1968] in the matter of assignment of kumki lands upto a limit of two chains (40.234 meters) from the warg land but subject to the ceiling prescribed in the Kerala Land Reforms Act, 1963, (Act 1 of 1964).
  2.  If the source of water supply to the warg land lies beyond the two chains (40.234 meters) limit, a plot including the water source and sufficient to enjoy the irrigation facilities shall be assigned even if it be beyond the limit of two chains (40.235 meters) mentioned in sub-rule (1).
  3.  The assignment shall be subject to the payment of land value as prescribed in these rules.
  4.  Tree value, except for sandal wood, shall not be collected from the kumkidars.
  5. 3 The cultivating tenants of the former Kumkidars who could not apply for the assignment of Kumkilands may apply for the assignment of the same within three months from the date of order of the Land Tribunal declaring them eligible for the purchase of the tenancy right in respect of the wrag land under the Kerala Land Reform Act, 1963 (1 of 1963).
    Note.- The concession provided for in sub-rules (1) to (5) shall apply to the legal heirs of the Kumkidars also provided the original Kumkidars had applied for the assignment of the land in question within the period mentioned in sub-rule (1).
  6.  Persons who have purchased warg lands from Kumkidars who had applied for assignment before the 6th December 1968 will also be eligible for assignment under these rules subject to the condition that land value at market rate prevailing at the time of assignment shall be payable by such assignees.
    Note:- Market value at the prevailing rate shall be exclusive of the improvements, if any, made by the occupants of the land].

1. Substituted by G.O. (P) 687/67/RD dt. 30-12-1967 pub. inK.G. Ex. No. 244 dt. 30-12-1967
2. Substituted by SRO 180/75/RD dt. 24-02-1975 pub. in K.G. Ex. No. 103 dt. 25-02-1975.
3. Added by G.O. (P) No. 285/66/RD dt. 17-05-1966 pub. in K.G. No. 22 dt. 31-05-1966.