Land Related.

Protection of Government lands within the state is entrusted with the Department of Land Revenue. The department is responsible for land assignment, land acquisition, land use etc

Protection of Public Lands

Each Village Office maintains a register which lists all the public lands within the boundaries of the village. The Village Officer is responsible for identifying and reporting any encroachments in the public lands, to the Tahsildar. The Village Officer should check the boundary stones of the Government lands once in 3 months for identifying any encroachments. The Tahsildar is responsible for performing a super-check of 5% of the cases thus reported. The details of the inspection have to be recorded in the register maintained in the Village Office for this purpose and is verified during Jamabandhi.

Land Utilization

As per section 6 of the Kerala Land Utilization Order, 1967, conversion of lands being cultivated with food crops mentioned in the order, consecutively for 3 years prior or subsequent to the enactment of the order, without prior permission of the District Collector/RDO, is prohibited. The District Collector/RDO is authorized to order the holder of the land who acts in contravention to this Order to continue cultivating the same food crop, after hearing the affected parties. The District Collector/RDO is authorized to order the holder of lands left barren, to be cultivated with paddy or other food crops. The District Collector/RDO is also authorized to auction out the right to cultivate on a land for a period of 3 years in cases where the order to cultivate is not complied with. Before deciding on the application as per the KLU Order, the District Collector/RDO shall call for the report from the Village Officer or inspect the land himself. The Kerala Conservation of Paddy Land and Wetland Act was enacted to protect the ecology, encourage agriculture, prevent conversion and protection of Paddy Land and Wetlands.

Transfer of Registry

Mutation of land details in village records, upon transfer of ownership, for the purpose of collecting tax from the owner of land is known as Transfer of Registry. This is done as per the Transfer of Registry Rules, 1966. The application for TR is presented before the Village Officer. Transfer of Registry is initiated in the following cases.
1. Voluntary transfer of title – This includes cases of absolute transfer of title over a land by sale, partition, gift, agreement etc. This is approved based on the registered document by which transfer is proposed to be effected.
2. By virtue of decrees of Civil Courts or Revenue sales – Transfer of Registry can be effected based on the decrees of Civil courts or Revenue sales
3. Transfer by succession – Whenever a Pattadar dies, the Village Officer reports the fact to the Tahsildar along with the details of the legal heirs so far as can be ascertained. In cases of disputes, the Tahsildar can arrive at a decision after hearing the affected parties.

Transfer of Possession

Transfer of Possession is done by the Revenue Department to transfer Government lands to other departments in the Government for public purposes. If the land is being planned to be put to use for commercial or profit generating initiatives, the value of land has to be levied. Land for autonomous bodies under the Government, local self government organizations and public sector undertakings are given on lease or assigned after levying the market value of the property.

Land Reforms

Land reforms in Kerala were enacted through the Kerala Land Reforms Act, 1963. This was enacted after the Kerala Agrarian Relations Act, 1960. Though certain provisions of the Kerala Land Reforms Act, 1963 were enacted with effect from 01.04.1964, it was amended comprehensively after including the relevant provisions for land ceiling, with effect from 01.01.1970. The three key aspects of this Act are fixity of tenure for deemed tenants, establish the rights and liabilities of Kudikidappukars and restriction on ownership and possession of land in excess of ceiling limits.

Cardamom settlement

The RDO decides over the matters related to the leasing of land for cardamom cultivation. Rules for lease of Government lands for cardamom cultivation, 1961 have been enacted for this purpose by the state Government and is applicable to the Government lands in Devikulam, Peerumedu and Udumbanchola Taluks. Lands in the possession of encroachers who have cultivated the same with cardamom may be leased to them, without auction, for a period of 20 years. Lease of Government lands suited for cardamom cultivation and not under private possession can be auctioned out for cardamom cultivation as per the rules.

Land Records Maintenance

Proper maintenance of land records is mandatory for effective land administration and future needs. Timely update of permanent land records which were created after the original settlement as per the changes happening in the land is the main objective of this initiative.

Taxes/Fees.

Basic Taxes

The Government shall levy land tax for all the lands within the state irrespective of the nature or type of land, subject to the exemptions provided in the section 2 of the Kerala Land Tax Act, 1961

Payment of Land Tax

The Village Officer is authorized to collect the land tax remitted at the village office and issue receipts on the same.

Building Tax

One time building tax is applicable for all buildings constructed on or after April 1, 1973 as per the Kerala Building Tax Act, 1975. A yearly luxury tax of Rs. 4000 is levied on buildings which are constructed on or after 1.4.1997 having a plinth area of 278.7 sqm or more, in addition to the one-time tax.

Plantation Tax

Plantation tax is one of the sources of income for the State. This tax is levied on Coconut, arecanut, rubber, coffee, tea, cardamom or pepper plantations above 2 Ha.

Revenue recovery

Revenue Recovery Act, 1968 and rules empower the Government to collect any arrears and interest due to Government as public revenue due on land.

Certificates

Caste certificate

Application for caste certificate should be submitted in the prescribed form to the village officer or through e-District portal. Certificates issued previously in this regard, attested copies of school certificates, ration card, gazette notification incase of conversion, etc. shall be produced along with the application. Certificates are issued by the village officer after scrutinizing the evidence produced and local enquiry. The Tahsildar issues certificates to be produced before organizations under the central government. Certificates for scheduled caste/scheduled tribe are issued by the Tahsildar, based on the report from the concerned Village Officer.

Income certificate

Application may be submitted via e-District portal or in the prescribed form. Copies of ration card, deeds of land under possession, salary certificate, proof of other income etc. should be submitted along with the application. The Village Officer issues the certificate after scrutinizing the evidence produced and local enquiry. Income in the last 1 year of the date of application shall be considered for assessing the income. Income tax returns document from the previous financial year may be considered for assessing the income, when the same is relied upon.

Non Creamy Layer Certificate

This certificate is produced by applicants for claiming reservation eligible for other backward communities in State and Central Government Services. This document certifies that the applicant belongs to other eligible backward community and doesn’t fall in the Creamy Layer. Village officers issue this certificate for state government purposes and Tahsildar, for central government purposes. The application for this certificate is submitted in the prescribed form.

Nativity Certificate

Application may be submitted via e-District portal or in the prescribed form. Citizens who were born in Kerala and children of citizens born in other states and are married and have permanent residence in Kerala are eligible for this certificate. This is issued from the village office. In all other cases, residential certificate has to be given. Nativity certificate which are to be produced before the defence authorities is issued by the Additional District Magistrate / Deputy Collector (General). Proof of permanent residence for this purpose has to be produced before the Village Officer, who issues this certificate after scrutinizing the evidence produced and local enquiry.

Domicile Certificate

Applicant’s residence and the intention to stay permanently in a locality are the considerations for issuing a domicile certificate. A person domiciles in a locality by birth, choice or dependency. This certificate is issued by the Tahsildar after verifying the records relating to the citizenship/birth/permanent residence of the parents and local enquiry. A person who was born and brought up and holding a citizenship in a country may be issued the domicile certificate. This can be used in lieu of nationality/citizenship certificate.

Possession Certificate

The possession certificate includes the details of land, its type & nature, survey number, block number and ownership.

Valuation Certificate

The application for valuation up to Rs 5 Lakh is submitted before the Village Officer, and above to the Tahsildar. The deed/patta, tax receipt and encumbrance certificate of the land to be valued has to be submitted for valuation. It has to be ensured that there are no revenue recovery proceedings or court attachments on the property for which the certificate was applied for. Valuation of buildings above Rs. 5000 has to be done by a competent engineer in PWD buildings and should be included in the certificate. The assessment has to consider the basic value, market parameters and development potential of the property.

Dependency Certificate

The application has to be submitted before the Village Officer. The certificate is issued after perusing evidence like ration card, school certificate, affidavit, depositions and local enquiry. This certificate is issued by the Tahsildar for special and out of state purposes as per the recommendation from the Village Officer.

Destitute Certificate

This certificate is issued for a specific purpose as stated in the application. A declaration of the applicant stating the assets under possession, ration card, identity card, details of relatives and heirs should be submitted. It has to be ascertained through local enquiry that the applicant is a destitute. A destitute means a person who is unprotected, devoid of any income or wealth, unhealthy and eligible for being protected and a means of living. This certificate is issued by the Tahsildar for special and out of state purposes as per the recommendation from the Village Officer.

Family membership certificate

Application may be submitted via e-District portal or in the prescribed form. Ration card, legal documents, school certificate, identity card and affidavit have to be produced along with the application. The certificate may be issued after local enquiry and taking depositions as deemed required. This certificate is issued by the Tahsildar for special and out of state purposes as per the recommendation from the Village Officer.

Man missing certificate

This certificate is issued by the RDO. The application may be submitted to the RDO. The certificate is issued after due enquiry via the concerned SHO in the police station.

Character and antecedents certificate

RDO is authorized to attest the character certificate issued by the concerned authority. The application may be submitted to the RDO. The certificate shall be issued within 7 days of receipt of the application.

Annavari Certificate

The Land Revenue Commissioner notifies villages where crop loss of more than 50% has happened from drought. This certificate is required to avail exemptions eligible on loans given by commercial and cooperative banks.

Copy of Basic Tax Register / Tandapper Register

The application has to be submitted to the village officer along with the details of the property. The certified copies are issued upon remitting the prescribed fee. Certified copies for special and out of state purposes are certified by the Tahsildar.

Indigent Certificate

This certificate is issued by the RDO after enquiring via the Tahsildar. This is issued to those who do not have an income for living, for purposes related to employment in other states.

Legal Heirship Certificate

Application may be submitted in the prescribed form after affixing court fees stamp for Rs. 5, before the Village Officer/Tahsildar. Tahsildar issues this certificate after due enquiry via the Village Officer. The rules for heirship varies across religions. Hence the certificate is issues in accordance with the rules pertaining to the religion to which the deceased belongs. Owing to this reason, the legal heirs are to be identified after careful scrutiny, as per the law.