KERALA STAMP ACT

The application for refund of the value of the spoiled /Unused stamp paper is to be submitted before the Taluk Tahsildar, Revenue Divisional Officer.  There is no prescribed application and it may be made on a plain paper.  The application shall be affixed with court fee stamp worth Rs. 5/-, form No. TR 66 shall also be filed along the application.   The reason for the spoiling/unusing of the stamp paper shall also be mentioned in the application.

Original stamp paper, affidavit form N. TR 66 are the documents to be produced along with the application. The period for filing application is 2 months/6 months.

         

APPEAL   

 The petition may be filed before the Commissioner of Land Revenue. The petition may be made in plain paper and it shall be filed by affixing Court fee stamp worth Rs. 10/- with a copy of the order appealed against and the copies of the spoiled/unused stamp paper.

 

THE KERALA LAND UTILISAION ORDER 1967

(Published under notification No (P) 225/6/Agrl.dated 27.6.2997)

The land utilisation order 1967 empowers the government to prevent the holder of a land from converting that land for cultivation other than food crops or for other purposes. The Government are empowered to require the holder of a land to grow specified crops, if it is necessary to increase the production of food crops in any area.

The Collector/Revenue Divisional Officer may call upon the holder of any land to cultivate it with paddy or other food crops within such period specified in the notice issued in this regard to the holder of the land’ in Form A (Sn.4)

If the Collector is satisfied that the land is being cultivated or is not capable of being cultivated, the Collector shall cancel the notice.  The cancellation notice shall be in form B. If the holder of the land fails to comply with the Form A notice the Collector may arrange for the sale of right to cultivate by public auction – order in this regard shall b in form C (Sn.5). No holder of a land cultivated with any food crop for a continuous period of three years shall convert or utilise the land the land for cultivation of any other food crop or for any other purpose, except under the terms of a written permission of he Collector (Sn.6). The Collector may call upon a person who attempts to convert a land by notice in “Form E” to cultivate such land with food crops, which were under cultivation in the preceding three years.

If the person fails to comply the order, the collector may direct and arrange for the sale of the right to cultivate the land subject to the conditions specified in the KLU order (Sn.7)

v    If the purchaser fails to cultivate the land with paddy or other food crops only, the right to cultivate will be liable to be terminated before the expiry of the period (Sn.8).

·       If no person comes forward to bid or the highest bid is lower    than the profit expected from the profit expected from the land , the Collector may make arrangements for the cultivation of the land for a period not exceeding  3 years (Sn.9)

v    The purchaser shall have no right over the land over the expiry of the period (Sn.9).

Appeal against the order of the Collector/RDO shall be preferred to the Commissioner of Land Revenue within 30 days from the date of receipt of the order (Sn.11)

ØThe order appealed against or its certified copy shall accompany appeal.

ØCommissioner shall hear the appellant and dispose the appeal as expeditiously as possible.

*The collector may take such force as may in his opinion is reasonable for securing compliance with any order made by him under KLU order(Sn.12)

ØAny amount due to the Government under this order shall be deemed to be arrears of land revenue and shall be recoverable under the RR Act for the time being in force (Sn.13)

REVISION

The state government is empowered to call for records of the acts and proceedings of the Collector or the Commissioner of Land Revenue (B/R) in any case under this order and pass such orders thereon as they think fit (Sn.14)

ARMS LICENCE

Arms Licence is issued by the District Collector in the capacity of the District Magistrate.There is a prescribed application form for gun licence and the application shall be affixed with court fee stamp worth Rs. 5/- (Form appended)

Documents to be produced along with the application.

1.      Prescribed application from duly affixed with court fee stamp worth Rs.5/-

2.       Receipt showing the remittance of the required fee.  The fee vanes depending on the nature of the weapon.

On receipt of the application, necessary enquiries shall be conducted through the superintendent of Police, Tahsildar and the Divisional Forest Officer and after affording an opportunity of being heard pass final order.

RENEWAL

There is a prescribed application form for the renewal of the licence.  The application for the renewal of the licence shall be affixed with court fee stamp worth Rs. 5/- Prescribed fee shall also be remitted and receipt produced along with the application.  On receipt of the renewal application the licensing authority follow the same procedure as in the case of fresh licence for the disposal of the renewal application.                  

Land Revenue Commissioner, Thiruvananthapuram is the appellate authority.  There is no prescribed form for filing appeal.  Appeal shall be made in writing and shall accompanied by a copy of the order appealed against with requisite fee.  The prescribed appeal fee is Rs. 100/- and the fee shall be paid in cash either in person on at the option of the person concerned by money order/postal order.  The fee can also is to be remitted in the treasury in the head of account 005-104-99’

Original order appealed against and the receipt showing the remittance of the appeal fee are the documents to be produced along with the appeal. On receipt of the appeal, the appellate authority may call for the records of the case from the authority who passed the order appealed against after giving the appellant a reasonable opportunity of being heard pass final orders. There is no provision for revision.  The order of the appellate authority is final.  It can be challenged only before the Hon’ble High Court of Kerala.                  

INCOME CERTIFICATE

Application in the prescribed form with a Court fee stamp worth Rs. 5/- is to be furnished to the village officer. Specimen form can be had from village /Taluk office. .

Records to be produced with application.

1.      Ration Card

2.      Salary certificate if any

3.      Any other documents, necessary according to circumstances.

4.      Building rent details

5.      Income tax returns if any

6.      Pension payment order

7.      In case of NRI’s affidavit of applicant/In case of students affidavit of parents/guardian.

For calculating family income, the income of Applicant, Parents/Guardian, Unmarried brothers/Sisters, Unmarried Children living together following are considered.

Income of widowed daughter/sister, Income from termination of service, Leave surrender, Festival allowance, Family pension, Destitute pension, DA of pension are excluded for calculating family income.

Sources of income considered

1.      Income from salary

2.      Income from pension

3.      Income from business

4.      Income from abroad

5.      Income from daily wages

6.      Income from landed property

7.      Income from rented building

Maximum time taken to issue the certificate is 3days.Income from salary is calculated on the basis of salary certificate. DA, HRA, TA Permanent TA, Honorarium for special work is excluded. Income from pension is calculated on the basis of pension payment order the pension amount and DA is taken into account. Income from business is calculated on the basis of income tax returns.  In case of non-tax payees, an affidavit on income details have to be filed and it will be properly verified.

In case of salary income:

a. DA + HRA not considered for family income for fee concession in arts and science

b. DA & HRA not considered for seat reservation in graduate post graduate courses in professional colleges to student who belong to socially and economically backward class on the basis of Kumara Pillai commission. But for fee concession DA and HRA is included while calculating family income

Income certificates will be cancelled when it is found that it is issued on the basis of false information by the applicant.

NATIVITY CERTIFICATE

No prescribed application form. Application may be prepared in white paper and affix a court fee stamp worth Rs. 5/-

Details to be included in the application form

Name

Address

Place of birth

Name of place of birth of parents

Necessity of application.

Apply before village officer. On the basis of report from village officer, Tahsildar issues the certificates.  Tahsildar is authorised to issue certificates to produce before state/Central government/Defence authorities.

Records to be produced before the Village officer.

Ration card

Any other relevant documents if any

VALUATION CERTIFICATE

No prescribed application form. Application may be prepared in white paper affixing a court fee stamp worth Rs. 5/-. Apply before Tahsildar

Documents to be produced along with application

1 Documents of the property

2. Basic Tax Receipt

3.Encumbrance certificate, if needed

Certificate issued on the basis of the report of the village officer..

RESIDENCE CERETIFICATE

No prescribed application form. Application prepared in a white paper and affixes a court fee stamp worth Rs. 5/-. Apply before the village officer.

Documents to be produced along with application.

Ration Card

Elector Identity card

Any other relevant document.

 

LOCATION CERTIFICATE

No prescribed application form. Application may be prepared in white paper and affix a court fee stamp worth Rs. 5/-. Application to be given to the village officer

Documents to be produced are as follows.

Documents of property

Basic Tax Receipt

Any other relevant documents, if any

Location certificate from village officers can be used within the state.  For the purposes of out side Kerala, the certificate may be obtained from the Tahsildar on the basis of report from the village officer.

IDENTIFICATION CERTIFICATE

No prescribed application form. Application may b given in a white paper and a court fee stamp worth Rs.5/- to be affixed. Application may be given to the Village Officer.

Documents to be produced

1.Ration Card

2 Electoral Identity card

School Records

Village officer is authorised to issue the certificate

SOLVENCY CERTIFICATE

There is a prescribed application form for the solvency certificate.  The specimen of the form can be obtained from the Village office and Taluk Office. Solvency certificates below Rs. 5000/- are issued by the village officer.  Solvency certificate above Rs. 5000 are issued by the Tahsildar.The court fee stamp worth Rs. 5/- has to be affixed on the application. Stamp paper worth Rs. 50 is to attached along with the application.

Documents to be produced.

Original property documents

Land Tax Receipt

Encumbrance certificate for 12 years

Previous property documents etc.

The village officer issues solvency certificate below Rs. 5000/- and solvency certificate above Rs. 5000/- is issued by the Taluk Tahsildar

POSESSION CERTIFICATE

No specific application form. Application can be prepared in a white paper and affix a court fee stamp worth Rs 5/- and submitted before the village officer.

Documents to be produced.

Property document, in original

Previous document, if any

Basic Tax Receipt

Pattayam if any

Village officer is authorised to issue the certificate. For specific purposes the Taluk Tahsildars are authorised to issue the certificate    

LEGAL HEIRSHIP CERTIFICATE

No specific application form. For claims up to Rs.5000/- the application in white paper affixing a court fee stamp worth Rs. 5/- is submitted to the Tahsildar.  It is also issued to other purposes. . For certificate above Rs. 5000/- succession from Civil Courts have to obtained.

Documents to be produced

Death certificate

Enquiry report of the Village officer.

On the basis of the enquiry report of the village officer 30 days notification in the Kerala Gazette needed.  The notification will be sent Kerala Gazette by the Tahsildar. After 30 days of the notification the certificate will be issued by Tahsildar to one of the legal heirs.

CERTIFICATE TO PROVE MARRIAGE

No prescribed application form. Application submitted to the Village officer. Application may be prepared in a white paper and affix a court fee stamp worth Rs. 5/-. Proof of Marriage is to be attached along with application If no proof the certificate will be issued by the village officer on proper enquiry.  In specific cases, it can be obtained from the Tahsildar also.

DOMICILE CERTIFICATE

Application given to village officer in the specified application form. Application can be prepared in the prescribed form and affix a court fee stamp worth Rs. 5/-. On the basis of the report from the village officer, the Tahsildar in authorised to issue the domicile certificate

DESTITUE CERTIFICATE

No prescribed application form. Application prepared in white paper affixing a court fee stamp worth Rs. 5/- is submitted before the village officer. After due enquiry, the Village officer issue the certificate.  The Tahsildar will also given the certificate if needed from a Tahsildar.

NATIONALITY CERTIFICATE

No specific application form. Application is given to the Tahsildar.On the basis of the documents produced by the applicant and based on the village officer and Tahsildar, the District Collector/ADM issue the certificate stating that the applicant is an Indian citizen.