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- (2) The Village Officer shall inspect the location, site and the buildings, if any, and make entries in Form 5 regarding the status of the land in Village records. After detailed verifications and scrutiny, a detailed report in Form-5 shall be prepared, duly signed, in duplicate and sent to the Collector within 14 days stating,-
- (a) Whether the unauthorised reclamation was carried out or completed prior to enforcement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 or not;
- (b) the extent of violation of the provision in statutes in existence prior to the enforcement of the Paddy Land and Wetland Act, 2008;
- (c) the fee for regularisation at the rate of 25% of the notified fair value of the land per Are or 25% of the Fair value of similar adjacent land per Are, where fair value of the land has not been notified, to be remitted in case regularisation is allowed with detailed calculation note.
- (d) specific grounds for regularisation with reasons: Provided that, the calculation of fair value where fair value of the land has not been notified, for the purpose of Rule 5(2)(c), shall be applicable only for these Rules and will not be applicable for fixing fair value under the Kerala Stamp Act, 1959. Provided also that, if the land reclaimed is included in more than one Village, each Village Officer may take 14 days for completion of Form-5 before forwarding Form-5 to the next Village Officer and in such cases, the decision of the Collector shall be recorded in all such forms.
- (3) If the Collector, on enquiry and appreciation of evidence, and on hearing the applicant, is satisfied that the unauthorised reclamation was done prior to the commencement of the Act, a notice shall be issued to the applicant in Form 6 appended to these Rules directing the applicant to pay the regularisation fee in the treasury under revenue receipt.
- The applicant shall remit the fee as directed within 15 days: Provided that the notice shall not be deemed by the applicant as an assurance for regularisation of the unauthorised reclamation and the Collector shall take into account any evidence for arriving at decision on the application, even after remittance of the fees.
- (4) On receipt of proof for remittance of the fees pursuant to the notice issued under Rule 5(3), the Collector may accord sanction for regularisation. Any order of the Collector according sanction for regularisation shall specify,
- (i)the name of applicant, survey No., re-survey No. of the land, if any, extent of the land (in Ares), Current use of the land;
- (ii)grounds under which the regularisation is sanctioned;
- (iii) conditions, if any, under which sanction for regularisation is granted;
- (iv) period within which the conditions if any stipulated for regularisation is to be complied with;
- (v) the details of the regularisation fee remitted by the applicant.
- (5) The Collector shall, publish the list of such orders issued in the office notice board every month and in the official Website of the Collectorate which shall include number and date of the Orders issued, together with the name of applicant, survey/re-survey number(s) and the name of Village(s), Taluk and local level monitoring commitee(s) pertaining to the land and whether the sanction for regularisation is conditional. The details of applications rejected shall also be included in the list so published.
- (6) The Collector shall also maintain a permanent register of all unauthorised reclamations regularised under these rules containing details such as name and address of the applicant, survey number(s), re-survey number, if any, the extent of land and name of village, details of buildings, if any, such as number of buildings, violation of statutes regularised, number and date of the Orderby which regularisation was granted, amount of regularisation fee remitted with chalan receipt particulars, conditions, if any, stipulated in the order and action taken and the result thereof.
- (7)The Collector shall maintain a register of all treasury remittances towards regularisation fee.
- (8) Under any circumstances, the regularisation fee once remitted, will not be reimbursed.
6. Procedure in case the application for regularisation is rejected.-
- (1) If the owner of any land reclaimed unauthorisedly fails to submit any application for regularisation duly filled in the prescribed form with relevant details within the stipulated time, the opportunity of the applicant in moving for regularisation shall be lost: - 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) If the Collector is not satisfied after enquiry and appreciation of evidence that the unauthorised reclamation was done prior to the commencement of the Act, the reclamation shall deemed to be done when the Act was in force and he shall note the reason thereof in his detailed order and in such cases, only the provisions under the Act shall apply.
- (3) In case the applicant does not remit the regularisation fee as specified in Form 6 within the time specified, the opportunity of the applicant in moving for regularisation shall be lost.