Towards understanding more about land assignment activities by Government of Kerala

1. 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

2. 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

3. Transfer of Registry
through “assignment”
means
Government is parting its right,
possession and enjoyment of a piece of
Government land with the assignee
conditionally

4. “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.

5. “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

6. Historical perspectiveHistorical 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, 1877
c. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. “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”

13. Assignment on “lease” or “license” can
be for
a. Retting of coconut husks
b. Stocking of materials
c. Play grounds
d. Laying of pipe lines
e. Putting up drainage
coverings and construction of
steps on road margin

14. Assignment on “lease” or “license” can be
for
f. Putting up shops
g. 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

15. 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

16. Rules of assignment: Special purpose
1. 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

17. 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

18. 9. Kandukrihi Land Assignment
Rules, 1958
10. Rules For Lease Of
Government Lands For
Cardamom Cultivation, 1961
11. Rules For Lease Of
Government Lands For Tobacco
Cultivation, 1963
12. Rules For Lease Of Land Of
Government Offices And
Bungalows, 1967
Rules of assignment: Special purpose

19. 13. Rules For Sale Of Lands
For Coffee Or Tea Cultivation
(Revival) Rules,1974
14. Waste Land Rules
Regarding Sale Of Land For
Coffee Or Tea Cultivation
15. Settlement Scheme Patta
Rules, 1970
16. Wayanad Colonisation
Scheme Rules, 1969
Rules of assignment: Special purpose

20. Thank you ……Thank you ……
Dr. D Sajith BabuDr. D Sajith Babu
Institute of Land & Disaster ManagementInstitute of Land & Disaster Management
Sajith.ildm@gmail.comSajith.ildm@gmail.com
85476100058547610005