KERALA STAMP ACT
Petition filed against the order of the District Registrar(General) on impounded documents.
Petition shall be filed before the Commissioner of Land Revenue, Thiruvananthapuram. The petition shall be made in writing and it shall be filed by affixing Court fee stamp worth Rs. 10/- (No court fee stamp for SC/ST) along with the copy of the order of the appealed against, copies of the impounded documents and connected records if any. The petition should be filed with 30 days from the date of order.
Refund of the value of the spoiled /Unused stamp paper.
The application in this regard 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 application shall be made by the party who purchase the stamp paper. The reason for the spoiling/unusing of the stamp paper shall also be mentioned in the application.
The documents to be produced along with the application.
Original stamp paper, affidavit form N. TR 66.
Period for filing application.
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)
Ø Appeal shall be accompanied by the order appealed against or its certified copy.
Ø Commissioner 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)
Ø Any 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
1. Licensing authority.
Licence is issued by the District Collector in the capacity of the District Magistrate.
2. How the application is to be filed
There is a prescribed application form for gun licence and the application shall be affixed with court fee stamp worth Rs. 5/- (Form appended)
3. 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.
4. Procedures to be followed before disposing the application.
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.
5. Procedure for the renewal of the licence
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.
6. APPELLATE AUTHORITY
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’
7. Documents to be produced along with the appeal.
Original order appealed against and the receipt showing the remittance of the appeal fee.
8. Procedures to be followed for the disposal of 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.
9. Provision for revision
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.
PETROLEUM LICENCE
Licensing Authority
Chief Controller of Explosives, Chennai
Role of District Collector
The No objection certificate is issued by the District Collector.
Procedure for issuing NOC.
Necessary enquiries on the application shall be conducted through the police, Revenue Fire Force, PWD, Panchayath/Municipality/Corporation officials and based on their reports NOC is issued.
APPEAL
If NOC is rejected by the district authority appeal can be filed before the Commissioner of Land Revenue, Thiruvananthapuram. Appeal shall be made in writing and shall be accompanied by a copy of the order appealed against and shall be presented within sixty days of the order passed. There is no appeal fee. Appeal petition shall be affixed with court fee stamp worth Rs. 10/- order of the appellate authority is final. It can be challenged only before the Hon’ble High Court of Kerala.
EXPLOSIVES LICENCE
Application for licence for crackers up to 50 Kg shall be filed before the District Collector in the prescribed preforma and crackers above 50 kgs shall be filed Chief Controller of Explosives, Chennai There is provision for appeal against the order of the District Collector. The Commissioner of Land Revenue, Thiruvananthapuram is the appellate authority. There is no prescribed form for filing an appeal. Appeal petition shall be affixed with court fee stamp worth Rs. 10/- and that there is no appeal fee. Appeal shall be made in writing and shall be filed within 30 days from the date of communication of the order appealed against shall also be produced along with the appeal. On receipt of the appeal, a copy of the same is forwarded to the District Collector for obtaining the report and record on the appeal. On verifying the report and record and after giving an opportunity to the appellant for being heard pass. final orders. The order of the appellate authority is final.
INCOME CERTIFICATE
1. Application in the prescribed form with a Court fee stamp worth Rs. 5/- Specimen form can be had from village /Taluk office.
2. Apply before Village officer.
3. Records to be produced with application.
1. Ration Card
2. Salary certificate if any
3. Any other documents, if any
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.
4. For calculating family income, the income of the following is considered.
1. Applicant
2. Parents/Guardian
3. Unmarried brothers/Sisters, Unmarried Children living together.
5. Income of the following are excluded for calculating family income.
1. Income of widowed daughter/sister
2. Income from termination of service
3. Leave surrender
4. Festival allowance
5. Family pension
6. Destitute pension
7. DA of pension.
6. Sources of income considered is as follows.
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
7. Maximum time taken to issue the certificate is
3days.
8. For calculating income from salary.
On the basis of salary certificate. DA, HRA, TA Permanent TA, Honarerium for special work is excluded.
9. For calculating income from pension
On the basis of pension payment order the pension amount and DA is taken into account
10. For calculating Income from business
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.
11. 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 Pilla commission. But for fee concession DA and HRA is included while calculating family income
12. Income certificates will be cancelled when it is found that it is issued on the basis of false information by the applicant.
NATIVITY CERTIFICATE
1. No prescribed application form
2. Application may be prepared in white paper and affix a court fee stamp worth Rs. 5/-
3. Details to be included in the application form
i. Name
ii. Address
iii. Place of birth
iv. Name of place of birth of parents
v. Necessity of application.
4. Apply before village officer
5. On the basis of report from village officer, Tahsildar issue the certificates. Tahsildar is authorised to issue certificates o produce before state/Central government/Defence authorities.
6. Rewards to be produced before the
7. Village officer.
1. Ration card
2. Any other relevant documents if any
VALUATION CERTIFICATE
No prescribed application form
Application may be prepared in white paper an affix an 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
1. No prescribed application form
2. Application prepared in a white paper and affix a court fee stamp worth Rs. 5/-
3. Apply before the village officer
4. Following documents to be produced along with application.
1. Ration Card
2. Elector Identity card
3. Any other relevant document.
LOCATION CERTIFICATE
1. No prescribed application form
2. Application may be prepared in white paper and affix a court fee stamp worth Rs. 5/-
3. Application to be given to the village officer
4. Documents to be produced is as follows.
1. Documents of property
2. Basic Tax Receipt
3. Any other relevant documents, if any
5. Location certificate from village officers can be used within he 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
1. No prescribed application form
2. Application may b given in a white paper and a court fee stamp worth ioRs.5/- to be affixed.
3. Application may be given it the Village Officer.
4. Documents to be produced along with the application is as follows.
1.Ration Card
2 Electoral Identity card
4. School Records
5. Village officer is authorised to issue the certificate
SOLVENCY CERTIFICATE
1. 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.
2. Solvency certificates below Rs. 5000/- are issued by the village officer. Solvency certificate above Rs. 5000 are issued by the Tahsildar.
3. The court fee stamp worth Rs. 5/- has to be affixed on the application.
4. Stamp paper worth Rs. 50 is to attached along with the application.
5. The documents to be produced.
1. Original property documents
2. Land Tax Receipt
3. Encumbrance certificate for 12 years
4. Previous property documents etc.
6. Solvency certificate below Rs. 5000/- is issued by the Village officer and solvency certificate above Rs. 5000/- is issued by the Taluk Office.
POSESSION CERTIFICATE
1. No specific application form
2. Application can be prepared in a white paper and affix a court fee stamp worth Rs 5/- and submitted before the village officer.
3. Documents to be produced before the village officer.
1. Property document, in original
2. Previous document, if any
3. Basic Tax Receipt
4. Pattayam if any
4.
Village officer is authorised to issue the certificate. For specific purposes
the
Tahsildars are authorised to issue the certificate
LEGAL HIRSHIP CERTIFICATE
1. No specific application form
2. 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.
3. Application is to b addressed to Tahsildar.
4. The documents to be produced along with application.
Death certificate
Enquiry report of the Village officer.
On the basis of the enquiry report of he 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
1. No prescribed application form
2. Application submitted to the Village officer
3. Application may be prepared in a white paper and affix a court fee stamp worth Rs. 5/-
4. 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
1. Specific application form
2. Application given to village officer
3. Application can be prepared in the prescribed form and affix a court fee stamp worth Rs. 5/-
4. On the basis of the report from the village officer, the Tahsildar in authorised too issue the domicile certificate
DESTITUE CERTIFICATE
1. No prescribed application form.
2. Application prepared in white paper affixing a court fee stamp worth s. 5/- is submitted before the village officer.
3. After due enquiry, the Village officer issue the certificate. The Tahsildar will also given the certificate if needed from a Tahsildar.
NATIONALITY CERTIFICATE
1. No specific application form
2. Application is given to the Tahsildar.
3. 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.
.