BGEM 171Chapter VIII · Alienation of Government Land

Section 171 · Procedure in applications for grant, sale or lease to Municipalities, etc

(a)Proposals of Divisional Commissioners for the grant of sale or lease, whether on privileged terms or not of Government land to a local body or other public body or association should be submitted, with their opinion thereon, to the department of Government concerned together with a description of the object for which the land is required. Such applications should-(i)clearly specify the object and the terms and details of the proposed transfer;(ii)contain particulars as to the area, market value and estimated yearly rental of the land;(iii)be accompanied with a map showing the identity of the land; and(iv)state what department is in-charge of the land.The Government in the department concerned will decide whether the object specified in the application is one for which it is desirable to transfer the land to the applicant, either-

(1)

as a grant for a term of years, free of rent;

(2)

on lease, subject to payment of rent assessed at some privileged rate and on privileged conditions as to the fixity of the amount assessed.

(3)

on lease, subject to a full assessment of rent payable by the applicant, fixed for a term of years only;

(4)

by sale at full market value; or

(5)

by sale on favourable terms.

(b)

Proposals of Divisional Commissioners for the grant of lease of land to private individuals, free of rent, or at a reduced or nominal rent, or for the sale of land should similarly be submitted to Government in the department concerned, together with the particulars specified in clause (a) above.

In either case, whenever the Department of Government which has received the application, deems it advisable that the grant, lease or sale should be effected, it will refer the case to the Revenue Department with the definite recommendations on the terms and conditions of the transfer. The Revenue Department will consult the Board or any department of Government affected as the case may be, and also the Finance Department. If it is decided to grant the application, the Revenue Department will issue, to the originating department making the reference, a memorandum stating the terms and conditions on which the transfer may be made. The department making the reference will forward this memorandum, with its own orders if any to the Commissioner. No officer of Government can take action on an order to alienate land or assign revenue which is unsupported by the memorandum of the Revenue Department, nor can he take action on any order, which is not in accordance with the terms of this memorandum issued by the Revenue Department.Note. - The Education Department may, without reference to the Revenue Department and Finance department, sanction the lease of land to school authorities for a period not exceeding thirty years and on the terms and conditions prescribed in the form of agreement approved by Government in their Notification No. 2832-E., dated the 7th July, 1926 (vide Appendix III, pages 420-426 of the Education Code, 1928), in cases where the land to be leased has been acquired by Government either wholly or partly at the cost of funds supplied by the school authority. In such cases the concurrence of the Revenue and Finance Department may be assumed and the orders by the Education Department will have the same force as the memorandum of the Revenue Department.

(c)

Whenever land or/and buildings appertaining to Government estates is/ are required by department of Government for public purposes, the necessary application should be made by the local officers to Government in the department concerned.

(d)

Where the land is in the charge of the Public Works Department, if the application is made to the Superintending Engineer he shall, if he recommends it submit to Government through the Commissioner of the Division. If the application is made to the Commissioner, he shall consult the Superintending Engineer before submitting proposals to Government.

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