Collection of arrears of Government dues and issue of Provisional Patta

9. Collection of arrears of Government dues and issue of Provisional Patta.-

1.  Order granting registry shall be issued in the form in Appendix Ito these rules.
2. ² In cases where registry is made, patta shall be issued in the form in Appendix II to these rules. Where such patta is issued pending survey and demarcation, a note to the effect that the area noted in the patta is subject to revision after finalisation of the survey and demarcation shall be made in the Pattah. In such cases, when survey and demarcation is completed, the exact area assigned shall be noted in the patta by the assigning authority].
   ³[Note.- A patta issued under this sub-rule shall be liable to stamp duty ofappropriate value].
3. ⁴ In cases where the land granted on registry is already held by the assignee either under a lease, current or time expired or by way of encroachment, not considered objectionable, the arrears of assessment recoverable by the Government (whether by way of; land revenue or any tax or fee levied in lieu there of including prohibtory assessment and fines, arrears of lease amount or licence fee outstanding from such assignee) shall be limited to the amount of basic tax due on the land ⁵[for the period of actual occupation.]
4. ⁶[The liability for land revenue or any tax or fee levied in lieu thereof shall arise with effect from the year of issue of the patta] and any difference in the tax consequent on the change in the extent after survey and demarcation, shall be adjusted to the future land revenue or any tax or fee lived in lieu thereof due from the assignee, or be collected straightway, if it is less than the land revenue or any tax or fee levied in lieu thereof due from the assignee.
5. The land revenue or any tax or fee levied in lieu thereof shall be liable to revision.
   2. Substituted by SRO 41/70 dt. 21-1-1970 pub. in K.G. Ex. No. 34 dt. 21-2-1970.
   3. Inserted by SRO 785/76 dt. 10-07-1976 pub. in K.G. No, 31dt. 3-8-1976.
   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. Substituted by SRO 1141/75 dt, 1-12-1975 pub. in K.G. Ex. No. 714 dt. 02-12-1975.
   6. Substituted by SRO 41/70 dt. 21-01-1970 pub in K.G. Ex. No. 34 dt. 21-2-1970.
   ¹[(5A) In cases where the Kerala Land Development Corporation Limited has executed any development work on the land, the assignee shall be liable to pay the cost or the proportionate cost as the case may be, with interest thereon to the said corporation].
6.  The land shall also be subject to all general taxes and local rates payable by law or custom.
   ²[(6A) Notwithstanding the order of registry of any land and the communication of that order to the assignee, the title to that land shall not pass to the assignee until he remits that land value and tree value payable in respect of that land, the arrears of tax, if any due in respect of the land and other charges due from him].
7. If the assignee does not remit land value, tree value and arrears of tax due from him and other charges within three months from the date of sanctioning the registry, the registry shall be cancelled, the occupants evicted, the land resumed and reassigned to other eligible families. The ^3[patta] for the land shall be issued only after the entire amount is paid within three months:
   ⁴[Provided that the Tahsildar may in the case of assignees who are landles and whose annual family income does not exceed Rs. 5[10,000], in his discretion, allow the payment of land value, tree value and other dues in half yearly installments not, however, exceeding four in number. In such cases patta for the land shall be issued only after the entire amount has been paid by the assignee. If the assignee wants to cut and remove the tree from the land before the patta is granted, the prior permission, in writing of the Tahsildar shall be obtained. The Tahsildar may, before granting permission, direct the assignee to remit the estimated value of the trees sought to be cut and removed].
   ⁵[Provided further that if the occupants had not be evicted, the Revenue Divisional Officer may, at his discretion and in deserving cases condone the delay in payment of land value, tree value arrears of tax and other charges due from the assignee, upto a period of one year from the date of the order sanctioning the registry. In such cases, the assignee shall remit the entire dues in a lump within fifteen days from the date of the orders of the Revenue Divisional Officer. If the occupants fail to remit the amount within the time so allowed, they shall be summarily evicted:
   ⁶[Provided also that the District Collectors and the Board of Revenue shall be competent to condone delay in payment of land value, tree value, arrears of tax and other charges due from the assignee in deserving cases upto a period of ¹[three years] and '[five years) respectively from the date of the order sanctioning registry. In all cases where the delay exceeds ¹[five years] sanction of Government shall be obtained for con-doning the delay).
   ²[Note. Arrears of assignment dues shall bear interest at ³[6 per cent per annum]],
   
   1. Inserted by SRO 594/76 dt. 25-5-1976 pub. in K.G. No. 23 dt. 8-6-1976.
   2. Inserted by SRO 85/70 dt. 25-2-1970 pub. in K.G. Ex. No. 71dt. 02-03-1970.
   3. Substituted by SRO 41/70 dt. 21-1-1970 pub. in K.G. Ex. No. 34 dt. 21-01-1970.
   4. Inserted by SRO 1141/75 dt. 1-12-1975 pub. in K. G. Ex. No. 714 dt. 02-12-1975.
   5. Substituted by SRO 1142/89 dt. 28-06-1989 pub. in K.G, No. 45/89 dt. 14-11-1989.
   6. Added by G.O.(P) 569/Rev. dt. 12-10-1966 pub. in K.G. No. 41 dt. 18-10-1966.