In exercise of the powers conferred by Section 3A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (28 of 2008), the Government of Kerala hereby make the following rules:-
1. Short title, commencement and applicability.-
- (1) These rules may be called the Kerala Conservation of Paddy Land and Wet Land (Regularisation of Unauthorised Reclamation) Rules, 2015.
- (2) These rules shall come into force at once.
- (3) The rules shall apply to all unauthorised reclamation carried out or completed before 12th August, 2008 in violation of any law for the time being in force and shall be applicable throughout the State of Kerala.
- (1) In these rules, unless the context otherwise requires,-
- (a)"Act" means the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (28 of 2008) as the case may be,
- (b)"Paddy Land" means any land recorded in Village records as "Nilam" but is not included as paddy land or wet land in the Draft/Data Bank prepared under the Act.
- (c)"Unauthorised reclamation" means any act or a series of acts whereby a paddy land is converted irreversibly and in such a manner that it cannot be reverted back to the original condition by ordinary means, without obtaining permission under any law for the time being in force, before the 12th day of August, 2008.
- (2) Words and expressions used and not defined in these rules, but defined in the Act shall have the same meaning assigned to them in the Act.
3. Submission of application for regularisation of unauthorised reclamation of paddy land.-
- (1) Application for regularisation of unauthorised reclamation shall be submitted to the Collector in Form 4 appended to these rules, within 90 days of the date of notification of these rules: Provided that an application may be admitted after the expiry of the period prescribed therefore, if the applicant satisfies the Collector that he had sufficient cause for not preferring the application within that period.
- (2) The application shall be accompanied by the following documents, namely:-
- (a) Documents to prove ownership of land;
- (b) any dated evidence issued by the Commissioner of Land Revenue or District Collector or Revenue Divisional Officer or Tahsildar or Village Officer with respect to the unauthorised reclamation and/or any similar documentary evidence to this effect.
- (c) photographs of the land unauthorisedly filled up, signed by the owner, to the effect that “this is the paddy land which has been filled up unauthorisedly/due to natural reclamation before the 12th day
of August 2008;"
- (d) Orders obtained earlier, if any, granting permission to utilise the land for any other purpose issued under any law in force before 12th day of August, 2008.
4. Application fee.-Application fee of R500 shall be paid to the Collector along with the application for regularisation of unauthorised reclamation.
5. Procedure for disposal of the application.-
- (1) The Collector shall, verify the application and if found complete in all respects, inspect or cause to inspect the land, the details provided therein and the status of the land in the data bank. Village records and as existing now through the Village Officer(s) concerned. The status of land as on 12/08/2008 shall be verified with respect to the Draft/Data Bank. If the land is not included as "Paddy Land" or "wetland” in the data bank, the application shall be forwarded to the Village Officer(s) concerned within 7 days from the date of submission of application complete in all respect by the applicant.