Conditions of assignment on registry

8. Conditions of assignment on registry:-

1. ⁴ Lands, granted on registry shall be heritable and alienable.] ⁵[(lA)Notwithstanding anything contained in sub-rule(l), 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-
   ¹[(a) to the Government or Co-operative Institutions or Tea Board or the Rubber Board or any other financial institutions recognised by the Government in this behalf, as security for obtaining loan for agricultural or land improvement purposes or for growing tea or rubber; and]
   (b) to the Government or Co-operative Institutions as security for obtaining loans for house construction 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.  The assignee or a member of his family or his successor-in-interest shall reside in the land if it is granted as house site, or shall personally cultivate the same if it is granted for cultivation; and such resides or cultivation, as the case maybe, shall commence effectively within a period of one year, from the date of receipt of the patta or of the provisionals patta in cases where a provisional patta is issued in the first instance:
   Provided that-
   (I) in the case of assignment to military personnel or their dependents as the case may be, the assignee may cultivate the land by his own labourer by the labour of any member of his family and with the occasional assistants, if any of hired labour or servants on wages payable in cash or in kind but not in crop share;
   (II) the military personnel may apply for land anywhere in the State irrespective of the State to which they belong; and in the matter of assignment preference shall be given to persons belong to Kerala;
   (III) the military personal may lease for cultivation purposes the lands assigned to them whilst they are away on active services.
3.  The registry shall be liable to be cancelled for contravention of the provisions in ²[sub-rule (1A) or sub-rule (2)]. The registry may be cancelled also, if it found that it was grossly inequitable or was made under a mistake of facts or owing to misrepresentation 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. In the event of cancellation of the registry, the assignee shall not be entitled to compensation for any improvements he may have made on the land. The authority competent to order such cancellation shall be the authority which granted the registry, or one superior to it;
   Provided
   the no registry of land shall be cancelled without giving the party or parties affected thereby, a reasonable opportunity of being heard:
   ¹[Provided
   further that no assignment of Land shall be cancelled if the annual family income of the transferee occupant does not exceed Rs. 10,000 (Rupees Ten thousand only) and who does not own or possess any landed property, anywhere in the State;Provided also that in the case of a transfer of Land covered by the above Proviso the assignee shall not be eligible for further assignment of Land anywhere in the State].

1. Substituted by SRO 1150/79 dt 20-9 1979 pub. in K.G. No, 40 dt. 9-10-1979.
2. Substituted by SRO 284/71 pub. in K.G. Ex. No. 346 dt. 6-8-1971.
4. Substituted by SRO 477/69 dt. 21-11-1969 pub. in K.G. Ex. No. 281 dt. 22-11-1969.
5. Inserted by SRO 284/71 dt. 3-8-1971 pub. in K.G. Ex. No. 346 dt. 6-8-1971.