Town and Village Land Rules 23-Sep-14

Transcription

1 Town and Village Land Rules 23-Sep-14

2 RULES UNDER THE LOWER BURMA TOWN AND VILLAGE LANDS ACT [These rules may be cited at the Town and Village Lands Rules, 1907] [ ] CHAPTER I RULES FOR REGULATING THE PUBLICATION OF PUBLIC NOTICES (Section 13 and 14) ( ၃ ၄) Contents of a public notice 1. A public notice issued by a Revenue-officer under section 13 or section 14 shall invite all persons who may have objections to make to the issue or cancelment of a declaration, as the case may be, to make such odjections at a place and on a date to be specified in the notice, but such date shall be so fixed as not to be less than thirty days subsequent to the date on which copies of notice- (i) are posted in the manner provided in Rule 2 in the case of a notice issued under that rule; and (ii) are served and posted as provided in Rule 3, in the case of a notice issued under that rule. ၃ ၄ ၃-၂ (၂) ၃ Posting of notice under section One copy of the public notice issued under section 13 shall be posted at each of the following places namely:- (i) on the land; (ii) on the house of the headman of the village, or ward of the town in which the land is situated; Free issue only.prohibit for Sale. Page 1

3 (iii) at the bazaar of the town or village in which the land is situated, if there be one; and (iv) at the office of the Revenue-officer issuing the notice. ၃ ၂ ၃ - (၂) (၃) Serving and posting of notice under section A public notice issued under section 14 of the Act shall be served- (a) on the person in whose favour a declaration sought to be cancelled was made or on his heir or assign if he is dead or has ceased to have an intrest in the land; and (b) on every other person who is ascertained, after enquiry to have an intrest in the land; And one copy shall be posted at each of the following places, namely:- (c) on the house of the headman of the village, or ward of the town in which the land is situated; (d) at the bazaar of the town or village in which the land is situated, if there be one; and (e) at the office of the Revenue-officer issuing the notice. ၄ ၃ ၄ - - (ဂ) (ဃ) Publication of notice in local newspaper, if any, in the case of town land 4. If the land in respect of which a public notice is issued under section 13 or 14 is situated in town in which a newspaper is published, the notice shall be published in at least one issue of such English or Vernacular local news paper as the Revenue-officer may decide by general order or with reference to the particular notice. ၄ ၃ ၄ Free issue only.prohibit for Sale. Page 2

4 ဂ Endorsement as to posting and service 5. A duplicate copy of a public notice issued under Rule 2 or 3 shall be given to each officer or process-server deputed to post or serve such notices under Rule 1, 2 or 3, and such duplicate shall be returned by him with an endorsement stating the manner and date on which each copy was posted or served. ၅ ၂ ၃ ၂ ၃ CHAPTER II RULES WHICH RESPECT TO LEASE OF LAND AT THE DISPOSAL OF GOVERNMENT IN THE TOWNS OTHER THAN RANGOON AND THANTAUNG FOR BUILDING, RESIDENTIAL OR INDUSTRIAL PURPOSES (Section 16 and 17) (၂) ( ၆ ) Purposes for which lease may be made 6. Leases of land at the disposal of Government may be made for building, residential or industrial purposes in any town except Rangoon: Provided that in the town of Thandaung such leases shall be regulated by the rules in Chapter IX and not by the rules in this Chapter. ၆ Period of lease and renewals if durable building contemplated 7. A lease of land on which the applicant proposes to erect a substantial building shall not ordinarily be made for a shorter period than thirty years, and shall in all such cases provide for renewal on the expiry of the original term up to a maximum period of ninety years from the Free issue only.prohibit for Sale. Page 3

5 commencement of the original lease or in special cases under the Financial Commissioner s orders in perpetuity. ၃ ( ႑ ႑ ) Period of lease and extent of area, if proposed building is not of durable nature 8. A lease of land on which the applicant proposes to erect a building of any other description shall ordinarily be made for ten years. Such lease shall not provide for renewals. ဧ ၈ 9. A lease to any one person or set of persons may be made by the Deputy Commissioner - (a) on his own authority, up to a limit of one acre; (b) with the previous sanction of the Commissioner of the division, if the area exceeds one acre but does not exceed five acres; and (c) with the previous sanction of the Financial Commissioner, if the area exceeds five acres. - ဏ ဧ ဧ ၅ ဧ ( (ဂ) ၅ ဧ ႑ / ) 10. (Cancelled) Application for lease and particulars to be contain in application and plan to be attached 11. Any person desiring to obtain a lease of any land at the disposal of Government for building, residential or industrial purpose may apply in writing to Deputy Commissioner of the district or to the officer in charge of the subdivision or township of the district in which the land is situated. Such application shall contain the following particulars: - (a) Name, resident and desination of applicant; Free issue only.prohibit for Sale. Page 4

6 (b) Quarter, road or locality in which the land applied for is situated; (c) The boundaries thereof; (d) The approximate size of the house to be erected and the materials of which it is to be built; (e) The purpose for which the lease is sought, whether building, residential or industrial; and (f) A declaration that the land applied for has been demarcated. If the land has been surveyed bt Government, a plan shall be attached which shall be copied from the Government map. Building plans and elevations, and plan showing the siting of buildings, need not be furnished unless the Deputy Commissioner requires them with a view to the insertion of special conditions in the lease. - (ဂ) (ဃ) ( ) When survey fee may be required 12. In cases in which survey of the land is necessary, the officer receiving the application may require prepayment of a survey fee of such amount as he deems reasonable in each case, provided that, where the survey is to be made by a salaried Government surveyor, no survey fee shall be taken. Free issue only.prohibit for Sale. Page 5

7 ၂ 13. [Cancelled] ၃ Procedure of Officer receiving application 14. The Officer receiving the application may scrutinize any existing survey of the ground and shall, if a survey is necessary, cause the plot for which a lease is sought, to be survey. He shall verify the fact that the land is apparently at the disposal of Government and shall make such further enquiries as he may think necessary, and if the land is in a municipal town or notified area, he shall consult the municipal or town committee. If such officer is the Deputy Commissioner or the Subdivisional Officer, he may then, if he thinks it necessary, request the applicant to modify the application, whilst, if such officer is a Township Officer, he shall submit the proceeding with his recommendations to the Subdivisional Officer for order. ၄ Rejection of application if not approved by Deputy Commissioner or the Subdivisional Officer 15. If the Deputy Commissioner or the Subdivisional Officer does not approve of the application, he may reject it any time and shall record his reason for so doing. ၅ Fixing of rent if Deputy Commissioner or the Subdivisional Officer approves 16. If the Deputy Commissioner or the Subdivisional Officer approves the application either with or without modification, and if the land does not exceed one acre, he shall fix the annual rent in the manner prescribed in Rule 17. Any Subdivisional Officer who acts under this rule shall inform the applicant that the rent fixed by him is subject to the approval of the Deputy Commissioner. Free issue only.prohibit for Sale. Page 6

8 If the land exceeds one acre, the application shall be referred to the Commissioner with the recommendations of the Deputy Commissioner. ၆ ဧ Amount of rent 17. The rent fixed for the land shall be (a) not less than 75 percent of the full letting value of similar private sites; (b) if the full letting value is not ascertainable, not less than 6 per cent of the selling value of similar private sites; or (c) if neither the selling nor letting value is ascertainable, at such rate as the Financial Commissioner may by general or special order determine: Provided that it shall not be less than the highest rate at which revenue is assessed on cultivated lands in the neighbourhood: Provided also that, when a rent determined under this rule on renewal of an expired lease or on the revision of a rent under an existing lease is more than twice the rent previously payable, the enhancement in rent may be effected in such stages and over such periods as the Financial Commissioner may by general or special order direct. ဏ - ဂ ၅ ဂ ဏ ၆ (ဂ) ႑ ၂ ႑ Free issue only.prohibit for Sale. Page 7

9 Premium 18. In addition to the rent reserved by the lease, a premium may be made payable as part of the consideration for the lease when there are more applicants for it than one and Subdivisional Officer, Deputy Commissioner or Commissioner decides to sell it by auction as hereinafter provided. ၈ After fixation of rent, public notice to be given of application 19. (1) After fixing the rent under Rule 16, or provisionally fixing a rent where the sanction of some higher authority is necessary for the granting of the lease, as the case may be, the Deputy Commissioner or the Subdivisional Officer shall cause public notice to be given of the fact of the application having made. Such notice shall fix a date not less than fifteen days after the publication of such notice, on or before which any person may show cause to the Deputy Commissioner or the Subdivisional Officer or some other officer (not below the rank of a Myook) to be named in notice, why the lease should not be made, and shall state that, no such case is shown, and the necessary sanction, if any is granted the lease will be made. Such notice shall contain all the information furnished by the applicant under Rule 11 as corrected by the measurements made under Rule 14, and shall state the amount of rent which will be imposted in case the lease is made. The notice shall further invite any person other than the applicant who may wish to obtain the lease to sent to the Deputy Commissioner or the Subdivisional Officer on or before the fifteenth day after the date of the notice, applications in writing, stating whether they are willing to pay any, and, if so, what premium in order to obtain the lease on the terms notified. (2) Copies of such notice shall be fixed (a) on the land applied for; (b) at the house of the headman of the ward in which the land is situated; (c) at the bazaar of the town in which the land is situated if there be one; (d) at the court-house of the Township Officer within whose jurisdiction the land is situated; and (e) at the District court-house. If any portion of the land, a lease for which has been applied for, is already occupied by any one whose name appears in the latest copy of the map or Register of Holdings or Assessment Roll or by anyone who is reported by the Revenue Surveyor or Circle Thugyi to be in actual possession of such land, a copy of the notice calling fpr objections shall be served on such person in the manner provided for the service of summonses on defendants in civil suits. Free issue only.prohibit for Sale. Page 8

10 If the land is situated in a town where a newspaper is published, an abstract notice of the application, etc., shall be advertised in the least one issue of such English or Vernacular local newspaper as the Deputy Commissioner may, by general order or with reference to the particular application, decide. ၆ ၅ ၄-၅ (၂) - (ဂ) (ဃ) ဏ ဂ Free issue only.prohibit for Sale. Page 9

11 [ ] Consideration of application and objection, and decision as to mode of disposal 20. Where the land applied for does not exceed one acre, if no cause be shown to the satisfaction of the Deputy Commissioner or the Subdivisional Officer, why the lease should not be made, he shall, after considering the applications, if any, made by persons other than the original applicant, decide whether the lease shall be disposed of by private contract to the original applicant or by public auction. He shall not dispose of it by private contract to any person other than the original applicant, unless the original applicant refuses the terms as to premium or rent which the Deputy Commissioner or the Subdivisional Officer may offer under the next succeeding rule. ၂ ဧ Disposal by private contract 21. (1) Where the land applied for does not exceed one acre, if the Deputy Commissioner or the Subdivisional Officer decides to dispose of the lease by private contract, he shall communicate the terms on which he is willing to dispose of it to the original applicant, that is to say, he shall send an authorized form of lease to the applicant with all the blanks filled in and shall fix a time within which the original applicant shall communicate to the Deputy Commissioner or the Subdivisional Officer his acceptance or refusal of the terms: Provided that the Subdivisional Officer shall, before taking such action, first submit the proceedings to the Deputy Commissioner and obtain his approval. (2) If the original applicant refuses the terms offered by the Deputy Commissioner or the Subdivisional Officer under sub-rule(1), the Deputy Commissioner or the Subdivisional Officer may offer similar terms to any of the other applicants. ၂ ဧ - Free issue only.prohibit for Sale. Page 10

12 (၂) Procedure where area exceeds one acre 22. When the land applied for exceeds one acre, the proceedings shall be submitted to the Commissioner after the due publication of the notice ordered by Rule 19. The Commissioner shall proceed in the same manner as the Deputy Commissioner is directed to do by Rule 20 and 21, provided that he may depute to the Deputy Commissioner or Subdivisional Officer the doing of any of the acts specified in these rules and provided that, when the land applied for exceeds his powers of sanction under Rule 9, the Commissioner shall submit the proceedings to the Financial Commissioner for orders. ဧ ဧ ၂၂ ဧ ၂ ၂ ဏ ဧ ႑ Public notice of disposal by auction 23. If the Deputy Commissioner decides, or is ordered by the Commissioner, to dispose of the lease by public auction, he shall give public notice, in the manner provided by Rule 19, sub-rule(2), that the lease will be sold. It the Subdivisional Officer decides to dispose of the lease by public auction, he shall submit the proceeding to the Deputy Commissioner, and if the Deputy Commissioner approves, the Subdivisional Officer shall give public notice in the manner provided by Rule 19, sub-rule(2), that the lease will be sold. The notice shall specify the day of sale (not being less than ten days from the date of the publication of the notice) and the time and place and conditions of sale. The notice shall contain a complete copy of the authorized form of lease to be sold with the schedule thereto and with all blanks, except the amount to be paid by way of premium, filled up. ၂၃ (၂) Free issue only.prohibit for Sale. Page 11

13 (၂) ဏ [ Land Rev. III L.B Notice 3 ] Conditions of auction sale 24. The conditions of a sale by auction shall be as follows: - (a) The highest bidder shall be the purchaser, and if any disputes shall arise between two or more bidders, the lease shall be put up again at the last undisputed bidding. The Deputy Commissioner or the Subdivisional Officer reserves the right to bid. (b) The purchaser shall immediately after the sale pay a deposit of 25 per cent on the amount of his purchase-money, or, if the purchase-money does not exceed Rs. 5, the whole thereof; and shall sign an agreement to complete the purchase according to these conditions. (c) The remainder, if any, of the purchase-money shall be paid on the tenth day after the sale at the office of the Deputy Commissioner or the Subdivisional Officer. The purchaser shall be entitled to possession of the land from the day on which the whole of the money is paid. Upon such payment the Deputy Commissioner and the purchaser shall sign the authorized form of lease. When payment has been made to the credit of the Subdivisional Officer, the proceedings shall thereupon be sent to the Deputy Commissioner for signature of the lease. (d) If the purchaser fails to comply with these conditions his deposit money shall be forfeited to the Deputy Commissioner or the Subdivisional Officer, who shall be at liberty to re-sell either by public auction or by private contract, and the deficiency, if any,occasioned by such second sale, together with all charges attending the same, shall immediately after such re-sale be made good by the defaulter at the original sale, and in case of nonpayment of the same the whole shall be recoverable under section 24 of the Act. Provided that in any case in which the land exceeds one acre, the Deputy Commissioner shall submit the proceedings to the Commissioner for orders before he re-sells the land. ၂၄ ၂ - Free issue only.prohibit for Sale. Page 12

14 ၂၅ ၅ (ဂ) (ဃ) ၂၄ ဧ Power to refuse bid or exclude person from sale 25. The Deputy Commissioner or the Subdivisional Officer may refuse to accept any bid or may exclude any person from the auction without assigning any reason to such refusal or exclusion in a memorandum which shall be attached to the proceedings. ၂၅ Agreement to lease 26. The agreement referred to in Rule 24, clause (b), shall be in such form as may be prescribed under section 42 of the Act. ၂၆ ၂၄ ၄၂ ( ( ) Land Rev. II L.B, Bond 2 ] Entry of particulars of lease in register Free issue only.prohibit for Sale. Page 13

15 27. After disposal of a lease the particulars of such lease shall be entered in a register to be kept in the office of the Deputy Commissioner. ၂ Land Rev. I Land Regr. 3 ] Order on application of leaseholder to transfer, sub-let or subdivide, and appeal therefrom 28. In the case of an application by a lease-holder to the Deputy Commissioner to allow him to subdivide his leasehold or transfer or sub-let a part of the same, the Deputy Commissioner shall pass his order on such application in writing, and in case of refusal an appeal shall lie to the Commissioner of the Division. ၂၈ Form of lease, plan to be attached and filing of counterpart in Deputy Commissioner s office 29. A counterpart of the lease, which shall be in such form as may be proscribed under section 42 of the Act, shall be filed in the Deputy Commissioner s office. If in any case the authorized form is not suitable, the Financial Commissioner, subject to the control of the Governor, may sanction an alternation thereof. A correct plan of the land drawn to scale shall be attached to the lease and its counterpart. When the land has been included in a Government survey, the plan shall be an extract from the Government map. ၂ ၄၂ ႑ [ Land Rev. II Lease I and 2 & L.B. Lease I ] Free issue only.prohibit for Sale. Page 14

16 CHAPTER III RULES FOR THE ISSUE OF LICENSES FOR BUILDING, RESIDENTIAL OR INDUSTRIAL PURPOSES IN TOWNS OTHER THAN RANGOON AND THANDAUNG (Section 16 and 17) (၃) Case in which license may be issued 30. The Deputy Commissioner may issue a license to occupy land at the disposal of Government for building, residential or industrial purposes, in case where the applicant proposes to occupy the land for some industrial purpose of a purely temporary kind or in case where for any other reason the issue of a lease for ten years is undesirable (or where the applicant is unwilling to take out a lease). ၃ ဏ [ ၄(၂) ၅၅ ] Aplication for license, survey and procedure of officer receiving application 31. The procedure prescribed in Rules 11 to 14 of these rules shall be followed, mutatis mutandis, in the case of applications under this Chapter. ၃ ၄ Public notice of application 32. If the Deputy Commissioner approves of the application, either with or without modification, he shall cause notice to be given of the fact that the application has been bade. Notices shall be published in the manner prescribed in Rule 19, sub-rule (2), and shall fix a date not less than fifteen days after the publication of such notices, on or before which any person may show cause to the Deputy Commissioner or some other officer (not below the rank of a Myook) to be named in the notice why the license should not be issued. ၃၂ (၂) ၅ Free issue only.prohibit for Sale. Page 15

17 ( ) [ Land Rev. III L.B Notice 1] Order granting or rejection application 33. If cause is shown to the satisfaction of the Deputy Commissioner why the license should not be issued he shall reject the application. If no satisfactory cause is shown, he may grant it. ၃၃ Period for which license may be grant 34. A license issued under this Chapter shall be expressed so as to expire on a certain date not more than three years from the date of issue. ၃၄ ၃ Power to require applicant to enter into bond to restore land to same condition 35. If, for the purpose for which a license is granted under this Chapter, it is necessary to disturb the surface of the soil to sych an extent as to render it unfit for any other purpose, the Deputy Commissioner, before issuing a license, may require the applicant to enter into a bond to restore the land within a month from the date of expiry of the license to its condition at the date on which the license was granted either wholly or to such an extent as the Deputy Commissioner may consider advisable in each case. ၃၅ [ Land Rev. II L.B. Bond 1 ] Rent 36. The rent payable for land in respect of which a license is issued under this Chapter shall be such sum as the Deputy Commissioner may, by general or special order, determine: - Provided that it shall not be less than (i) four annas per month in case of a license issued from a period of less than a year; Free issue only.prohibit for Sale. Page 16

18 (ii) twice the rent payable on similar land leased under the provisions of Chapter II in the case of licenses issued for a period of a year or more than a year. ၃၆-၄ (၂) ၂ CHAPTER IV RULES FOR THE ISSUE OF LICENSES FOR AGRICULTURAL PURPOSES IN TOWN OTHER THAN RANGOON AND THANDAUNG (Section 16 and 17) (၄) ( ၆ ) CHAPTER V RULES FOR THE DISPOSAL OF LAND IN VILLAGES (Section 16 and 17) (၅) ( ၆ ) 41. No land in village shall be disposed of for residential purposes to a person who is not either a resident of the village-tract in which the village is situated or permitted under section 17 of the Village Act, to reside threrin. ၄ 42. Where land is acquired for the purpose of being approproated as asite for a new village or for an extension of an existing village, or where land at the disposal of Government is so appropriated, the land may be suitably laid out and divided under the orders of the Deputy Commissioner into plots of suitable size for residential purposes. ၄၂ Free issue only.prohibit for Sale. Page 17

19 ဏ 43. A value for each site shall be caluculated by the Deputy Commissioner in the manner which the Financial Commissioner may by, general or special order determine: Provided (1) that in the case of land acquired, the total value so calculated of all the sites shall not exceed the total cost to Government of all the land acquired; (2) that is the case of land at the disposal of Government, the total value so calculated of all the sites shall not exceed the market value of an area of similar land in respect of which a landholder s right has been acquired: Provided further that the cost incurred by Government on the new site or the extension may be added to the calculated value. ၄၃ ႑ (၂) ဧ 44. Subject to the provisions of Rule 41, the plot shall be alloted to applicants by the Subdivisional Officer or Township Officer in the presence of three menbers of the village committee on a day appointed for that purpose or any other day to which the allotment may be adjourned. If there are two or more applicants for the same plot who are regarded by the Subdivisional Officer or Township Officer, after consultation with the members of the village committee present as having equal claims to allotment, the allotment of plot shall be made among such applicants in such manner as the Deputy Commissioner may by general or special order direct. ၄၄ ၄ ၃ ၂ ၂ 45. A grant of each plot may be made by the Subdivisional Officer or the Township Officer in the form prescribed under section 42, to the applicant to whom it is allotted on the payment, as purchase price, of its value as calculated under Rule 43. The Deputy Commissioner may permit the payment of Free issue only.prohibit for Sale. Page 18

20 such purchase price to be made by instalments not exceeding four in number. The grant may be issued on payment of the first instalment. ၄၅ ၄၂ ၄၃ ၄ 46. If any applicant to whom a plot has been allotted is unwilling or unable to pay its purchase price as provided by the foregoing rule, a lease for thirty years at an annual rent fixed in the manner which the Financial Commissioner by general or special order may determine but so as not to be less than 5 per cent of the value fixed under Rule 43, with provision for two renewals of thirty years each at the rents to be fixed at the time of each renewals in accordance with the provisions then in force, may be issued to him. The lease shall be issued by the Subdivisional Officer or the Township Officer and shall be in the form prescribed under section 42. ၄၆ ႑ ၃ ၄၃ ၅ ၂ ၄၂ 47. The rent fixed for each plot shall be payable in advance on the 1 st January of each year. ၄ 48. A lease after payment of the rent due in any year shall be entitled on payment of the value calculated under Rule 43 to surrender his lease and to receive in lieu threrof a grant in the prescribed form. ၄၈ ၄၃ 49. If a grant has been cancelled on failure of the grantee to pay the instalments fixed under Rule 45 a lease in the prescribed form may be issued to him. In fixing the rent to be paid under the lease for the first term of thirty years credit may be allowed for instalments already paid in the manner determined by the Financial Commissioner by general or special orser. ၄ ၄၅ Free issue only.prohibit for Sale. Page 19

21 ႑ ၃ 49A. The grant or lease of any plot made under the foregoing provisions of this Chapter may be cancelled by the Township Officer and the plot resumed and any buildings thereon confiscated to Government if (1) for any period of twenty-four consecutive months there is no habitable house on the plot; or (2) without the approval of the Township Officer the right of use and occupancy in the plot is devolved either by succession on death or by transfer between living persons to a person otherwise than for his own residence: or (3) an instalment of the purchase price payable under Rule 45 is not paid on the date when it is due, or the rent of the plot or any other revenue or tax due in respect of it becomes an arrear; (4) the plot is used for pueposes other than residence and the erection of non-industrial buildings, subsidiary to the occupation of the resident. ၄-၂ (၂) (၃) ၄၅ (၄) - 49B. Leases of land at the disposal of Government in a village which is not required for residential purposes may be made for industrial or commercial purposes in accordance with the rules in Chapter II for the issue of lease in towns other than Rangoon and Thandaung, in so far as they are capable of application: Provided that no land shall be so leased if the use to which it is intended to be put is likely, in the opinion of the authority sanctioning the lease, to constitute a public nuisnace. ၄-၂ Free issue only.prohibit for Sale. Page 20

22 CHAPTER VI RULES FOR THE DISPOSAL OF LAND REVENUE-FREE, IN TOWNS OTHER THAN RANGOON, AND VILLACES [Section 16(a) and 17] (၆) ( ၆ ) 50. A grant, free of land revenue, of unoccupied land at the disposal of Government for the erection of a religious edifice or for an unremunerative public purpose without payment of the value of such land may be made by the Deputy Commissioner- (a) on his own authority, if the value dose not exceed Rs. 250; (b) with the previous sanction of the Commissioner, if such value exceeds Rs. 250 but dose not exceed Rs. 500; and (c) with the previous saction of the Financial Commissioner, if such value exceeds Rs.500. For the purpose of this rule the value of the land shall be taken to be market value of similar land on which landholder s right has been acquired plus the capitalised value of the land revenue calculated at twenty times the land revenue which would be assessed annually on the land, if the land were cultivated. ၅-၂၅ ဏ ၂၅ ၅ (ဂ) ၅ ႑ ၂ 51.(1) A revenue-free grant, for a like purpose, of land over which occupancy rights have been acquired may be made by the Deputy Commissioner with the sanction; if any, required by Rule 50 subject to the payment by the applicant of the capitalised value of the land revenue calculated at twenty times the land revenue which should be assessed annually on the land and subject also to the Free issue only.prohibit for Sale. Page 21

23 prior surrender to Government of all rights in the land held by the person occupying it which surrender in the case of land in respect of which the status of landholder is claimed shall be made by the execution of a registered deed of gift. Such surrender may be accepted on behalf of Government by the authority empowered to saction the grant: Provided that where the capitalised value of the land revenue calculated as above is less than Rs. 50 no payment need be required. (2) Any case in which any dispensation, other than that in sub-rule (1) is recommended by the Commissioner shall be reported by him for the orders of the Financial Commissioner. ၅ ၅ ၂ ဏ ၅ (၂) ႑ 52. In cases in which the land is required for consecration as the site of a boddha thein, no payment shall be demanded and grant, free of land revenue, may be made by the Deputy Commissioner with the sanction, if any, required by Rule 50 or 51. ၅၂ ၅ ၅ 53. The rules in this Chapter are applicable to grants for religious edifices whatever may be the creed for the purpose of which the edifice is to be erected. ၅၃ 54. Subject in all cases to the repayment to the holder of the grant of any amount paid under Rule 51, any land granted under this Chapter shall be liable to be resumed by Government, together with all buildings erected or other works executed thereon, if the land or buildings are at any time used for any purpose other than the specific purpose or purposes for which the land was granted. ၅၄ ၅ Application for grant Free issue only.prohibit for Sale. Page 22

24 55. The application for grants under this Chapter shall be made in writing to the Deputy Commissioner of the district in which the land is situated, after the land has been demarcated. ၅၅ Particulars to be contained in application and plan to be attached 56. Applications for such grants shall contain the following particulars:- (a) Name, residence, and designation of the applicant; (b) Quarter or locality in which the land applied for is situated; (c) Area of land applied for; (d) Boundaries of land applied for; and (e) A declaration that the land has been so demarcated as to be readily capable of identification. If the land has been surveyed by Government, a plan shall be attached which shall be copied from the Government map. ၅၆ (ဂ) ဧ (ဃ) - ] Survey 57. The Deputy Commissioner on receiving the application shall cause the plot for which a grant is sought to be surveyed, if a survey is necessary, or may scrutinize any existing survey and shall cause a plan of the land to be placed on the record. ၅ [ ၃၂ ] Public notice of application 58. The Deputy Commissioner shall further cause notice to be issued informing all whom it may concern that an application has been made. Such notice shall specify the name of the applicant and Free issue only.prohibit for Sale. Page 23

25 his residence, the approximate area and locality of the land, the purpose for which the land is required, and shall notify that, if within thirty days after the date of the publication of the notice no objection is made, the land will be granted to the applicant. The notice shall also specify the place at which the Deputy Commissioner will receive objections and the date on which they will be heard. The notice shall be affixed- (a) on the land; (b) on the house of the headman of the ward or village in which the land is situated; (c) at the court-house of the Township Officer within whose jurisdiction the land is situated; (d) at the bazaar in the town where the land is situated, if there be one; and (e) at the District court-house. If any portion of the land applied for is already occupied by any one whose name appears in the latest copy of the map or Register of Holding or Assessmnet Roll, or by any one who is reported by the Revenue Surveyor or Circle Thugyi to be in actual possession of such land, a copy of the notice calling for objections shall be served on such person in the manner provided for the service of summonses on defendants in civil suits. ၅၈ ဧ - (ဂ) (ဃ) [ Land Rev. III L.B. Notice 8 ] Decision of objections (if any) and issue of grant 59. (1) After expiry of the perion named in the notice, if no objection is made to the grant of the land to the applicant, the Deputy Commossioner may make a grant of land to the applicant, and in Free issue only.prohibit for Sale. Page 24

26 that case shall give a deed of grant where the value of the land is within his power of granting and, where it is beyond, shall forward the proceedings to the Commissioner. (2) If any objections are lodged on or before the date fixed for issue of the grant, the Deputy Commissioner shall hear the objections and decide them on their merits. If he considers a grant should be made and the value of the land is beyond his power of granting he shall forward the proceeding to the Commissioner. ၅ (၂) [ Land Rev. II Grant 1 ] 60. Cancel. ၆ CHAPTER VIA RULES WITH RESPECT TO LEASES OF LAND FOR PUBLIC PURPOSES IN TOWN OTHER THAN RANGOON, AND IN VILLAGES (၆- ) 60A. The Deputy Commissioner may make a lease for a public purpose, at a rent calculated in the manner prescribed by or under Rule 17 or at such reduced rent as the Financial Commissioner may by general or special order fix, of unoccupied land at the disposal of Government the value of which does not exceed Rs For the purposes of this rule, the value of the land shall be determined in the manner stated in Rule 50. In cases in which the value for the purposes of this rule exceeds Rs. 250 but does not exceed Rs. 1,000, the lease may be made with the sanction of the Commissioner, if the value exceeds Rs. 1,000, the sanction of the Financial Commissioner is required. ၆-၂၅ ႑ ႑ ၅ ၂၅ Free issue only.prohibit for Sale. Page 25

27 ႑ 60B. Any land leased under this Chapter shall be resumable if any time it or the buildings standing upon it are used for any other purposes than those for which the land was leased. ၆-60C. The procedure prescribed in Rules 55 to 59 of these rules shall be followed in the case of applications under this Chapter. ၆ -ဂ ၅၅ ၅ CHAPTER VII RULES FOR THE DISPOSAL OF LAND IN CIVIL STATION (Sections 16 and 17) ( ၆ ) 61. The rules in this Chapter shall be in force in those areas to which the Financial Commissioner may by notification apply them. In such areas the rules contained in Chapters II, III, IV and V shall not be in force. Such areas shall be called Civil Station. ၆ ႑ ၂ ၃ ၄ ၅ ဏ ` 62. Leases of land at the disposal of Government may be made for residental purposes only. ၆၂ [ ၄(၂) ၅၅ ] 63. The lease shall be for a term of thirty years and shall provide for renewals at intervals of thirty years so long as the conditions of the lease are filfilled. The lease shall be revocable at any time for breach of the conditions. ၆၃ ၃ ၃ [Land Rev. II Lease 3 and 4 ] 64. The Deputy Commissioner may, on his own authority, make a lease to any one person up to a limit of three acres. If the application is for a lease of land exceeding three acres it shall be submitted to the Commissioner with the Deputy Commissioner s recommendations for orders. The Commissioner Free issue only.prohibit for Sale. Page 26

28 may sanction a lease up to six acres ; and if the area exceeds six acres, the sanction of the Financial Commissioner shall be obtained. ၆၄ ဏ ၃ ဧ ၃ ဧ ၆ ဧ ဧ ၆ ဧ ႑ 65. No plot shall be lease to any person who already holds another plot in the same Civil Station. And if any person acquires the leases of more than one plot, any of such leases shall be revocable by order of the Deputy Commissioner. ၆၅ 66. No land shall be leased to a Government servant in any Civil Station in which he is not actual serving. ၆၆ 67. Any person who desires to obtain a lease of a plot of land in Civil Station may apply in writing to the Deputy Commissioner of the district. The application shall contain the following particulars:- (a) Name, residence, desinstion of applicant. (b) Occupation of applicant. (c) The lot number, if any, and the boundries of the land desired. (d) The approximate saze of the house to be erected and the materials with which it is to be built. (e) The approximate cost of the house to be erected. (f) A reference to the standard plan of the Civil Station if such pan has been prepared; if such plan has not been prepared, a reference to a map to be attached to the application. ၆ - (ဂ) (ဃ) ဏ Free issue only.prohibit for Sale. Page 27

29 ] 68. If a survey of the land is necessary, the officer who receives the app;ication may require prepayment of a survey fee of such amount as he deems reasonable in each case: provided that, where the survey is to be made by a salaried Government surveyor, no fee shall be taken. ၆၈ ၂၅ ၂ ] 69. The officer who receives the application shall verify the fact that the land applied for is at the disposal of Government, and shall make such further enquiries as he may think necessary, and may, for reasons to be recorded, reject the application, or require the applicant to modify the application, or may approve the application. ၆ 70. The rent fixed for the land shall be- (a) not less than 50 per cent. Of the full letting value of similar private sites, or (b) if the full letting value is not ascertainable, not less than 4 per cent, of the selling valye of similar private sites, or (c) if neither the selling nor letting value is ascertainable, at such rate as the Financial Commissioner may, by general or special order, direct, provided that it shall not be less than the highest rate at which revenue is assessed on cultivated lands in the neibourhood. - ၅ ၄ (ဂ) ႑ Free issue only.prohibit for Sale. Page 28

30 71. After fixing the rent the Deputy Commissioner shall cause public notice to be givev of the application. Such notice shall fix a date not less than 15 days after the publication of such notice, on or before which any person may show cause to the Deputy Commissioner or some other officer, not below the rank of a Myook, to be named in the notice, why the lease should not be made, and shall state that if no such cause is shown, the lease will be made. Such notice shall contain the information furnished by the applicant under Rule 67 with such modifications as may have been made in the course of dealing with the application and shall state the amount of rent which will be imposed in case the lease is made. Copies of the notice shall be affixed at the Deputy Commissioner s office, and if the land is not at the headquarter of the district, at the office of the Subdivisional Officer. Copies of the notice shall be served upon the occupants of any plots adjoining the plot applied for. If any portion of the land, a lease for which has been applied for, is already occupied by any one whose name appears in the latest copy of the map or Register of Holdings or Assessment Roll, or by any one who is reported by the Revenue Surveyor or Circle Thugyi to be in actual possession of such land, a copy of notice calling for objections shall be served on such person in the manner provided for the service of summonses on defendants in civil suits. ၅ ၆ 72. If there are more than two applicants for the same plot, the Deputy Commissioner shall decide to which applicant the lease shall be made, having regard- (i) to priority of application; (ii) to the nature of the house proposed to be built; (iii) to the official rank of the respective applicants; and Free issue only.prohibit for Sale. Page 29

31 (iv) to the question whether the applicant proposes to build for his own residence or for lease to other. Ordinarily an official of higher rank shall be preferred to an official of lower rank, and a Government servant shall be preferred to a non-official. ၂ ၂ - (၂) (၃) (၄) 73. It shall be a condition of the lease that native huts or houses shall be erected on the land except such as in the opinion of the Deputy Commissioner may be required for servants quarters. ၃ 74. Leases to officials and non-officials, respectively, shall be made in forms prescribed under section 42 of the Act. ၄ ၄၂ [Land Rev. II Lease 3 and 4 ] CHAPTER VIIA EXTRACTION OF MINERALS AND LEVY OF ROYALITIES THEREON [Section 23A (3), Clauses (a) and (c)] ( - ) [ ၂၃- (၃) (ဂ)] 74A. No person shall mine, quarry, dig for, excavate or collect stone, laterite (whether in blocks, gravel, or sand), limestone, sandstone, marble, gypsum, clay, or other minerals (not being minerals or metals to which the special mining rules sanctioned by the secretary of state or any rules in force under the Forest Act apply) on land wherein the right to such minerals is reserved to or otherwise belongs to Government except under a license granted under the provisions of this Chapter. Explanation.- The special mining rules provide for coal, oil, gold, silver, precious stone, iron and all metals. In reserved forests the disposal of minerals provided for by this rule is in the hand of Free issue only.prohibit for Sale. Page 30

32 the Forest Officers. In disposing of these minerals in reserves the Forest Officer is enjoined not to charge lower rates than are charged outside the reserves. ၄- ဂ ဂ ( ) 74B. Subject to the provision of Rules 74C and 74D, the Deputy Commissioner, or any Subdivisional Officer generally or specially authorized by him, may issue licenses for the extraction from a specified area of any mineral for which a license is necessary under Rule 74A, on such conditions and at such rent, royalty or fee, if any, as the Financial Commissioner may by general or special order prescribe. ၄-၄-ဂ ၄-ဃ ဏ ၄- ဧ ႑ [ ၆၂ ၆၃ ] 74C. where the surface of a parcel of land is occupied by a landholder, grantee, lessee, or licensee, the Deputy Commissioner or other officer authorised under Rule 74B shall not issue a license for the extraction from such land of such minerals as aforesaid until the landholder, grantee, lessee, or licensee of such land has had an opportunity of showing cause against the issue of such license, and until the person to whom it is proposed to issue a license has given such security as the said officer may deem sufficient for the payment of adequate compensation for occupation or disturbance of the surface of such land under the provision of section 23A, sub-section (2) of the Act. ၄-ဂ ၄- ဏ ၂၃- (၂) Free issue only.prohibit for Sale. Page 31

33 74D. If the area specified under Rule 74B is within a minicipality constituted under the Municipal Act, or within a notified area declared under Chapter X of the said Act, a license to extract minerals shall not be issued until the Minicipal Committee or Town Committee, as the case may be, has had an opportunity of objecting to the grant of such license. If the Minicipal Committee or Town Committee objects to the issue of such a license, the license shall not be issued except by the Deputy Commissioner, and if the minicipality or notified area is at the headquarters of a district and such objection as aforsaid is made, the license shall not be issued without the previous sanction of the Commissioner. ၄-ဃ ၄- ဧ ဧ ဧ 74DD. Licenses to extract clay for brick making shall not be issued in respect of any area within 600 feet of a main road or 300 feet of any residential property, the occupants of which are not connected with the brick making industry. ၄-ဃဃ ၆ ၃ ဧ 74E. Every license granted under the provisions of this Chapter shall, in the absence of an express provision therein to the country, expire on the 30 th June next following the date on which it was granted, and shall then be returned to the officer who issued it. During its subsistance a licensee shall be bound to observe all the conditions of his license. ၄-၃ 74F. Every Licensee shall, if so required by the officer issueing the license, fill up or drain the cavities resulting from his operations at his own expense and to the satisfacation of such officer. Free issue only.prohibit for Sale. Page 32

34 ၄- ဂ ဏ 74G. The rules in this Chapter shall not apply to the extraction of minerals from land which is- (a) held under a grant given in accordance with Rule 17 of the Lower Burma Waste Land Grant Rules, 1865; (b) vested in a Municipal Committee or in the Rangoon Port Commissioners under the provision of the Municipal Act, or of the Rangoon Port Act, respectively, or of any other enactment for the time being in force, except where rights to minerals specified in Rule 74A have, by the grant or lease, been expressly reserved to Government; (c) held under special grant or lease in which rights to these minerals are not reserved; (d) held by the Railway Administration under its contract with Government; (e) assessed at the settlement to brick field rates during the currency of the settlement. ၄- - ၈၆၅ ၄- ဏ (ဂ) (ဃ) ဏ 74H. Revenue on account of minerals and mines shall be payable on the date or dates and in the manner specified in the license and shall be paid to the persons specified in the license, or in the absence of any such provision at the office of the Revenue Officer who issued the license, or as the Financial Commissioner directs. ၄-႑ 74I. Whoever mines, quarries, digs for, excavates or collects any mineral in contravention of the provisions of Rule 74A, or before payment of any fee, rent or royalty payable in advance under a license issued under the provisions of this Chapter or otherwise in contravention of the terms or Free issue only.prohibit for Sale. Page 33

35 limitation of any such license or removes any mineral, other thasn amineral for which a license free of royalty may have issued under the provisions of Rule 74B, before payment of the royalty therefor, shall on conviction before a Magistrate be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both. ၄-၄- ၄- ဏ ၂ ဏ ဏ CHAPTER VIII APPEALS (၈) 75. (1) Appeals shall lie- (a) to the Deputy Commissioner,- from the orders and decisions of all officers subordinate to him; (b) to the Settlement Officer,- from the orders and decisions of all officers subordinate to him; (c) to the Commissioner,- from all orders and decisions passed by Deputy Commissioners and Settlement Officers. (2) Appeals to Deputy Commissioners and Settlement Officers shall not be admitted after the expiration of sixty days from the date of the order or decision appealed against, and appeals to Commissioners shall not be admitted after the expiration of ninety days from the date of the order or decision apealed against, unless the appellant shall satisfy the Deputy Commissioner or the Settlement Officer or the Commissioner, as the case may be, that he had good cause for not presenting the appeal within the period. Subject to revision by the Financial Commissioner, in exercise of the power conferred by section 40, the orders and decisions of Commissioners shall be final. ၅ (ဂ) - Free issue only.prohibit for Sale. Page 34

36 (၂) ၆ ၄ ႑ CHAPTER IX RULES WITH RESPECT TO LEASES OF LAND AT THE DISPOSAL OF GOVERNMENT IN THE TOWN OF THANDAUNG 76. In the town of Thandaung, in the Toungoo Distrist, leases of land at the disposal of Government may be made for building or for other purposes in accordance with the rules in this Chapter. ၆ [ ၄(၂) ၅၅ ] 77. A lease for house-building of any site demarcated by the Depoty Commissioner for that purpose and shewn on the plan of the town approved by the Financial Commissioner may be granted by the Deputy Commissioner without restriction as to its area. In areas which are not so demarcated and which have not in the approved plan of the town been reserved against house-building, a lease for house-building may be granted by the Deputy Commissioner if the area does not exceed 3 acres; but if the area applied for exceeds 3 acres the Deputy Commissioner shall submit the application to the Commissioner with his recommendations for orders, and if the area applied for exceeds 5 acres, the application shall be submitted for the orders of the Financial Commissioner. ႑ ဧ ႑ ဧ ၃ ဧ ၃ ဧ Free issue only.prohibit for Sale. Page 35

37 ဧ ၅ ဧ ႑ 78. (1) Lease for building shall ordinarily be for a period of thirty years, and shall provide for renewal on the expiry of the original term up to a maximum period of 90 years. (2) The yearly rent payable shall be fixed by a general or special order of the Financial Commissioner and shall be liable to revision at each renewal of the lease. ၈ ၃ [Land Rev. II Lease 1 ] (၂) ႑ 79. Every applicant for lease for house-building purposes shall attacj to his application a plan of the building specifying the materials to be used and the estimated cost of such building and the lease shall not be issued unless the plan and specification of such buildings have been approved by the Deputy Commissioner. Such lease shall be subject to the conditions that no buildings shall be erected unless the same shall have been approved by the Deputy Commissioner. 80. If the land applied for is not one of the sites demarcated and shown on the approved plan of the town, the Deputy Commissioner may require prepayment of a survey fee of such amount as he deems reasonable in each case. On payment of the fee, the Deputy Commissioner shall cause the plot to be surveyed, and may either reject the application, or after verifying that the ground is at the disposal of Government and, after making such fyrther enquiry as he thinks necessary, may reduce, extend or alter the proposed site as he deems fit. No lease of a site not demarcated and shown in the approved plan of the town shall be made until the Executive Engineer has certified that there is no objection to the lease of the site. ၈ Free issue only.prohibit for Sale. Page 36