STANDING ORDER NO. 35

State Lands Devoted to the Extension of Cultivation.

 

 

Contents

SN

Subject

Alienation of Government Lands

1.       

Alienation of Government Lnads

2.       

Execution of deeds

3.       

Additions to, and deductions from, the Land Revenue Roll on account of grants or leases

Alienation and Assessment of Town Sites, the property of the State

 

4.       

Paragraphs of Govt. of India

 

 

 

 

 

 

FINANCIAL COMMISSIONER’S STANDING ORDER NO. 35

State Lands Devoted to the Extension of Cultivation

 

Original Issue, dated 24th November, 1909.

First Reprint, dated 28th September, 1920.

Second Reprint, dated 10th September, 1951.

 

            In connection with this Standing Order Chapter XXII and Appendices III and IV of the Land Administration Manual should be consulted.

A—Alienation  of  Government  Lands

1.         Whenever it is proposed to sell waste land or to give it away as a reward grant, care must be taken that a proclamation is issued giving notice of the intended sale or grant, and making the completion of the sale or grant contingent on the rejection of any claims that may be brought under Act XXIII of 1863.  Small plots of nazul land are sold from time to time.  As to these Government runs little risk and no special procedure is required.  No case of the sale of grant of the proprietary right in land of any value should if the whole or part of the land is cultivated, be disposed of until a deed of sale or gift containing all covenants necessary to safeguard Government, has been approved by the Legal Remembrancer. [See also Appendix III(6) and (7), Land Administration Manual].

 

2.         Execution of deeds - The execution of the instruments noted below should be performed by the Deputy Commissioner in all ordinary cases and in those cases in which forms are prescribed, but in cases where the forms are varied or any special conditions are inserted, but in cases where the forms are varied or any special conditions are inserted, the approval of Government should be obtained to the deeds, which would then most conveniently be signed by a Secretary:-

 

(a)    Instruments of free grants of proprietary right in land.

(b)   Instruments whereby property is mortgaged to the Government as security for a loan.

(c)    Instruments  of exchange of land.    

 

3.         Additions to, and deductions from, the Land Revenue Roll on account of grants or leases: - Sanction to the additions to, or deductions from, the Fixed Land Revenue Roll which are necessitated by grants, sales and leases of waste land, sanctioned or cancelled should be obtained on the Form of Comparative Demand Statement prescribed in paragraph 9 of Standing Order No.31, as soon as possible on receipt of orders: and in any case in time for the necessary changes to be incorporated in the next year’s roll.      

B—Alienation and Assessment of Town Sites, the property of the State

4.         The following paragraphs contain the orders of the Government of India on this subject:-

(i)         Treatment of small plots: - Where Government property in any town or station consists merely of isolated plots the areas of which are inconsiderable, effective control by Government is difficult, and the income derived is seldom commensurate with the trouble of management.  In such cases no change should be made in the existing practice.      

 

            (ii)        Treatment of large plots: - But where Government is the owner of the land upon which a town or station stands, save in so far as it has been already alienated, or where there are plots of land belonging to Government of larger area than is contemplated in the preceding paragraph, the interests of the State are of importance, and it is desirable that the main principles upon which they are dealt with should be uniform. The objects which these principals should secure are three-fold: first, that the grantee should in all cases acquire such security of tenure as to afford a sufficient inducement for the expenditure of capital in building and improvement; secondly that the source of revenue should in no case be permanently alienated, but that a rent should in all cases be fixed, subject to periodical revision; and, thirdly, that the amount of rent to be taken at each revision should be subject to such limitations as may be necessary to secure the grantee in his property.  

 

            (iii)       Possible forms of tenure: - The Government of India have left it to State Governments to decide whether sites should be sold, or leased, or granted on a permanent occupancy right.  The tenure may take the form of (1)            the full proprietary rights, subject to periodical revision of the land assessment; (2) a leasehold tenure for a term of years, with or without right to renewal, the incidents of which would be regulated by the instrument of lease; or: (3) a statutory occupancy tenure, some or all of the incidents of which would be regulated by the local law applicable to such tenures in force for the time being.  It is not intended to imply that sale should be resorted to only in the case in which the proprietary right is disposed of.  The State Government can allow the local authority to put up for sale, or to grant, subject to a premium, a lease of or a right of occupancy in town-land plots belonging to the State which it is proposed to make available for building purposes.  If sites are leased, the lease should not ordinarily be for a shorter period than thirty years, and should in all cases provide for renewals up to a minimum period of ninety years, if not in perpetuity.        

 

            (iv)       Ground rent to be fixed: - Ground rent should in all cases be fixed.  It should not ordinarily exceed 33 per cent of the letting value of the site, or be less than the highest rate at which land revenue is assessed on lands in the neighbourhood.  It should be subject to revision not less frequently than at each renewal, or, if the grant is in perpetuity, at intervals not longer than thirty years; and at each revision the above limitation should apply.  It is not intended by this that the full value of such lands, being the property of the State, should be foregone.  In towns where sites are valuable, the restriction of the ground-rent to one-third of the full competitive rent is either inapplicable, or, if adopted, should be accompanied by provisions requiring an initial payment to be made by the grantee for the remainder of the value.    

 

            (v)        Renewals of leases:- The above principles should be followed in future, and applied, not only to all new grants, but also to all renewals of existing grants or leases which may fall in future, so far as they are not inconsistent  with their terms.

 

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