Bare ActsThe Kerala Land Conservancy Act, 1957 (No.8 of 1958)

Section 3

Property of Government defined

Amendment status not verified — confirm the current text below against the official source.

Property of Government defined.-( I) All public roads, streets, lanes and paths, the bridges, dttcheH, dykeH ~tnd fences on 01: beside the same, the bed of the sea and cf harbcur3 nnd cr~:cl~-; b~low high water mark, the beds and banks of rivet'!:!, ~:~trcams, migation ,wd drainage channels, canals, tanks, lakes, backwnt,ers und water courses, nnd all standing and flowmg water, anrl all landH wht•l esoever situated, snvc in so far as the same are the property of-· (a) Jenmies or holders of Inams, or (b) holders of lands in any way subjeot to the payment of land mvenue to the Government, or (c) any other registered holder of land in proprinl.ary right, or (d) any person holding land under grant from the Government otherwise than by way of a hcence, or (e) any person claiming through or holdmg ut1der any of the Jll!rsons referred to in clauses (a), (b), (c) or (d), me, nnd are hereby declared to be, the propert.y of Government, except nR may be otherwise provided by any law for 1 he timo bemg in force, subject to all nghts of way and other public t·•ghts and to the natw·al .rJHl casement rights of other land owners and to all oustomary rights l!•gally su~sisting. ' Explanatwn I - Lands oMe registered in the IIILme of a person but subc;;eqnently abandoned or rehnqmslll'd, and all lands held by right of escheat, purchase, resumptiOn, reverswn m· ncquisition under the Land AcqUisition Act for the t1mt1 lJC'mg m force, are tho p10perty of Government vnthm the meani11g of thiH section. Pnbhshed in the Geze!!e Extreordinery deled 15th January 1958 • 20 Explanation IJ •• In this &t:c.tion, the expression mark' means the highest point reached by the ordmary at any season of the year. 'high water sprmg tide Explanation Il I.. Where, in regard to roads, lanes and canals, survey stones had been, m the ongmal demarcation under the Sun·ey Act m force, planted for the sake of convenience and safety mside compound walls and gates of compounds in bouse verandhas, door steps, p01 tlCoes, masonry drams and similar structures of a permctnent nature, such walls, gates, verandhas, etc., shall not be deemed to be the property of Go,·crnmcnt Withm the meanmg of th1s sect10n • (2) All unassessed lands within the limits of private estates used or reserved for public purposes or for the communal use ofnllagers, and all pubhc roads and streets vestt:J in any local authority shall, for the purpose of this Act, be deemed to be the property of Govemment. 4 (l) "Poramboke" defined.- "Poramboke" shall mean and il~clude unassessed lands which .. u·e: the property of Government under section 3 ( l) or (2) used or re<>erved for public purposes or for the com- munal use of villagers such as- ( a) all pubhc roads, st.rects. lanes, pathways. the bridges, drtches dykes and fences on or bes1de the &arne, (b) the beds and banks of 11reJs, rwgatwn and chctmage channels traffic canals, tanks, lakes back-waters and water courses. (c) market<>, burial ground<:, landmg ghaut'l, and (d) all other property wluch the Govecnment may, for the pur- pose of tlus Act. from time to time, declare to be poramboke (2) "Occupant" defined.- "Occupant" sha II mean a person actually in possessiOn 01: occupatiOn of a land whiCh IS the property of Go\·ernment J Land wh1clt zs the property of Government not to be occnpted u:zthoul penmsswn.-Fmm and after the commencement of th1s Act, :t shall not be lnv. ful for any person to occupy a land '~hiChC: IS the propm ty of Government, whether a porambokc or not, Without permisswn from the Go,·ernment or such officer of the Go,-ernment as may be empowered m tins behalf

Section 3 – The Kerala Land Conservancy Act, 1957 (No.8 of 1958) | DailyLaw.ai