NEW TARIFF PRICE OF LAND IN KERALA -DRAFT RELEASED

Thiruvananthapuram:06/05/2008
The State Government has released the draft of Tariff Prices of land.  As per this, the entire land has categorized in to 15 sections, according to the market value of each land considering the nearness to the different types of roads.  The draft has published in books.  These books are made available in concerned Village Offices for the verification of the facts to the people.  Suggestions and complaints if any can be submitted within two months.  Moreover, the draft will be published in the Website also.
                         If it is implemented properly, the main advantage of this is, it can prevent the flow of black money, the malpractices of land mafia and the corruptional  practices prevailing in each land transaction case. But here the most important step should be taken by the Government itself.   It should lower the tax rate nearly around 4%.  Then only the co-operation from the public can be expected.  Everything depends upon the quality of the tariff price.   The tariff price must be reviewed once in a year by an expert local committee.

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 LAND  SALE RULE – NEW AMENDMENTS IN LAND AGREEMENT

 AND REGISTRATION ACT

The state govt. has taken steps to amend the land registration rules in order to control the flow of black money and the curreptional practices prevailing in land registration cases. There is a primary contract between the buyer and  the seller  regarding the value of the property, amount of advance,  date of registration etc, upon  a  fifty rupee stamp paper  duly signed  by the concerned parties and the witnesses. At present this primary contract document need not   be presented at the time of registration. But as per the new amendment of section 17 of the registration rule, the primary contract document should compulsorily be presented at the time registration.  Due to this action the correct value of the property comes on govt. records. The govt. thinks that the flow of black money can  be controlled  and the income from land registration can be raised as per this amendment . But what may be net result of this new amendment can be seen after a short period. Any way that may not be in accordance with good wishes of the govt. Small  and   poor flies may fall on the new net spreaded by the government. The real estate mafiya  and  the rich people can easily over come this amendment by producing a false primary contract deed. This is Kerala, the so called” God’s Own Country.”  

 If the state  government. Sincerely  wishes  to stop all evil  practices   in   land registration   cases, they may  take  some  practical steps immediately. The  first  one   is, lower he tax rate to 4 %  in all kinds registration. The  second one is  fix the tharif price  of the land  survey number wisely  considering  the nearness to the junction, main road, other bus road,panchayath road ,  mud road, interior  irrigable land, un irrigable land, barren and un cultivable land etc. Declare the tharif price. The buyer should calculate and   remit the tax in treasury. The application along with the receipt should be submitted in the concerned offices. . The Document must be abstract just like  the present S.S.L.C   certificate  .The essential details, sketch of the land  with adjacent survey nos.,and full name of its  present owners., Election I D Card number, Ration Card number ,the Panchayath House number and the photo of the buyer should be printed on the Document   It should be laminated  . No need of the service of the document writers. 

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NEW LAND REFORMS BILL – AN APPRISAL

18/03/2008  Kottayam,        

                                   Wide ranges of discussions are taking place regarding the implications the so-called contraversory bill viz. the Nell Vayal and Neerthadam Samrankshna Bill of 2008.  What is the main motive behind the introduction of this Bill?  Is it safe guarding the interest of the state as whole? Is it safe guarding the interest of the farmers or the agricultural sector?  No. With 100% sure one can say that the Bill is not for the sake of the state or for the sake of farmers or agriculture sector.  But for whom it is benefited ? Before taking a quick conclusion, we must understand the present political and social scenario of the state. 

                       Lack of efficient and patriotic political leaders is the crucial problem facing the state.   The rulers must be loyal to the state.  Almost all politicians are thinking about their own stomach, their own position and their own party.   They are using Government officials as a medium for pick-pocketing the general public.  The rules and regulations are twisted in such a way for this pick-pocketing.  There are good politicians, good officials and good people in the state.  But unfortunately they are silent for various reasons.  The people are fragmented in to hundreds of sections. They are confined to small shells of vested interests.  

                              The religious sector is also not hopeful. Almost all religions have become the part of the establishment. Majority of the religious leaders are following a luxurious life.  There are small fanatic groups in certain religions.   They are also creating problems with the help of anti-social elements. The common man doubts whether the society is flowing to a stage of anarchy, just before the social atmosphere of French Revolution.  

                          But the real and  painful factor is still exists.  Nearly 25% of the people are living in sub-standard conditions.   All kinds of exploitations are falling upon his head like meteors. The financial assistants from the Central Government are forbidden fruits to them because the BPL list is purposefully diluted. This is the political and social scenario of the state, the so called “God’s own country.”  

                                             Now we have to think why the government is planning to introduce such a Bill.   Even though the farmers are fragmented, socially, politically and religiously, majority of them have a comfortable life, due to their hardworking nature. If this bill is passed and implemented, the farmers can be charge sheeted for various reasons. Under Section V-Rule against land filling, Section VII- The Deputy Tahsildar is empowered to take action against farmers, Section X-Rule for ultimatum to farmers by District Collectors, Section XI-Rule regarding capture of uncultivated land from farmers and transfer it to Kudumbasree units and Section IXX-Rule of imprisonment up to three years and the fine up to one lakh rupees . If such a situation arises, the farmers may not get time  to do his agricultural works.They may go after local leaders for escaping from cases charged against them. Gradually the farmers become “paniyalars” and political parties become the “Janmis”. Perhaps this may be the hidden agenda behind the introduction of this bill. Beware farmers!  This may be starting of a new social order. 

                                               Before concluding this appraisal, we must remember that there is one state in India where the land ownership deeds of the farmers are still under the custody of local party secretariat. 

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CAPTURING LAND FROM THE FARMERS
Kottayam dated 22/02/08

 It is reported that the LDF Government in Kerala is trying to trespass the rights of farmers on the pretext that they are protecting ecology and trying to boost up the production of paddy. They are planning to capture the uncultivated lands from the farmers and transfer the same Kudumbasrees, or the Padashekhara Samithi.The State Government is trying to pass a related bill during the assembly session of Feb. 2008.

Korakandom wetlands in Wynad, Kaippadu wet lands in Kannur, Karapuram wet lands in Alapuzha, Kolakkai Padoms in Kasargode, Coal lands in Trissur and Malapuram, Kuttanadan Padaoms in Alappuzha – Pathanamthitta – Kottayam districts, Pallivaya Padoms in Malapuram, Pokkali lands in Ernakulam, whole wetlands in Palakkad, Wetlands and paddy fields come under the ayakat area of any small scale irrigation projects are the Padashekharams mentioned in the Bill.

Since there is no organizational strength to the farmers the quantity of exploitation of the farmers is increasing day by day.  Every leader is helping the farmers only front of the Loudspeaker.  The State Government is not willing to assist the farmers, on the other hand.  they may give assistance to Kudumbsrees or Padashekhara Samithi……….

“”””””””It is very clear that the main motive behind this bill is not to increase the production of food grain, but some how capture the paddy lands from the farmers. “”””””””

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RULES ON BUILDING CONSTRUCTION NEAR NATIONAL HIGHWAYS CAME IN TO EFFECT.
Kottayam :  20/2/2008  

Orders have issued by State Chief Engineer (NH) regarding prohibition of building construction on both sides of 8 National High Ways within a width of 35 mtrs.  This road prohibits not only new construction but also the expansion of existing structures. The rule came into effect since 13th Feb. 2008.  As a result thousands of people to purchased land to construct houses and other buildings has in dilemma.
Valayar – Kaliykavila (NH47), Thalapady – Edappally (NH17), Bodimet – Kundannur (NH49), Ekundanur – Wellington Isaland (NH47), Kollam – Aryankavu – (NH 200), Kozhikode-Muthanga (NH212), Palkkad – Kozhikode (NH213), Kollam – Kumali (NH220) are the eight national highways for which the rule effects.  For those works for which sanction from High Way Engineer has received before 13th Feb. 2008 has excluded from the order.  But the period of completion of such works is limited to three years.

The speedy implementation of this rule is due to the direction from Central Authority to avoid the payment of high compensation for acquiring land for the widening of

National High Ways
.  The rate of increase in land transaction on both sides of National Highways is also another reason for quick effect of this rule. The related orders has sent to all Highway Offices.
35 Mtrs from the centre of the road to both sides are the prohibited area.  Previously this was only 15 mtrs.  The Sate Government also decided to prohibit all construction work within 40 mtrs. of state high ways and within 30 mtrs of district roads.   The declaration to this effect will be published in the Gazette soon……..

  “”” Peoples say it is a big burden and un calculated dissection taken by govt to the public ……….”””

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NO RELAXATION  IN PROHIBITORY ORDERS RELATING TO LAND FILING – SAYS KOTTYAM R.D.O.

Tipper and JCBs captured. Kottayam, 19tgh Feb. 2008.

On the ground of violation of prohibitory orders issued in connection with land filling, Police has captured two JCBs and two Tippers and arrested four men. ……….

 Common People says the statement of Revenue Minister regarding the Bill related to land filling (Ref. statement of Revenue Minister dated 6.11.2007 at Trissur) and the actions and orders of R.D.O. Kottayam are not matching. Perhaps that Official shows more loyalty than the KKKing.

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SOME RELAXATION IN PROHIBIT ORY  ORDERS RELATED TO LAND FILLING SAYS  KOTTAYAM  R..D.O
Kottayam dated 18.02.2008.

The Kottayam R.D.O. has issued some relaxation in his previous order relating to land filling.  As per this the concerned Thasildar can sanction the request of the individual if it is eligible. In this context the agitation declared by Tipper and Excavator association has withdrawn

……..………..People say that the eligibility is determined by Officials and Political leaders as per the thickness of money. This is a way for transferring money from the pockets of common man to the pockets of officials and political leaders. Hai … What a fantastic administration….What a Democracy

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KOTTAYAM R.D.O. HAS ISSUED PROHIBITORY ORDERS AGAINST LAND FILLING.

04/2/2008

The Bill related to Nelwayal, Neerthadam Samrakshna may be passed during the assembly session of Feb. 2008.   But prior to that the Kottayam R.D.O. has issued prohibitory orders regarding land filling. 

“”””””””Peoples say that it is unconstitutional and politically motivated. More over this will stop many developmental works and will create unemployment problems and social imbalances”””””””””

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Real estate service tax lacks clarity 

SUNDAY , Nov 18, 2007

The latest Master Circular No. 96/7/2007-ST dated August23, 2007, issued by the Tax Research Unit (TRU), clarifying technical issues related to service tax, has compounded the confusion in respect of the extent of applicability of service tax on the real-estate sector.
The first step in taxing construction industry services was taken by the Government in 2004, when it brought Commercial and Industrial Construction Services within the service tax net, effective September 10, 2004, which was expanded to cover ‘Completion and Finishing Services,’ effective June 16, 2005.

The Government also expanded the scope of the service tax levy on the sector by bringing services rendered in relation to construction of residential complexes having 12 or more units into the tax net, with effect from June 16, 2005.

Applicability of service tax 

There has been a lot of confusion on the applicability of service tax on the various players in the sector — pure developers/estate builders, builder-developers, contractors, sub-contractors, and so on due to the inconsistent stand taken by the various arms of the Government, from time to time.  

Kottayam dated 22/04/08 

The CBEC (Central Board of Excise and Customs), through a Circular No. 80/10/2004-ST dated September 17, 2004, had clarified that “Estate Builders” (presumably this was supposed to mean developers/builders who had contracted out the construction activity to contractors) are not covered under the ambit of these services and it is only the hired contractors engaged by these builders who are to be taxed.

Based on this clarification, pure developers who had employed contractors, took a view that no service tax was applicable to them. Though this Circular was issued in relation to Commercial and Industrial Construction Services, the logic was equally applicable to services rendered in the construction of residential complexes as well.

Contradictory stands
This clear view of the Government was changed by a Circular issued by the Director-General of Service Tax, Mumbai, dated February 16, 2006, wherein a contrary view was taken, to the effect that builders who employ contractors would also be liable for service tax, based on the Supreme Court’s decision in K. Raheja Development Corporation vs State of Karnataka [2005 NTV (Vol 27)-243].

The fact that the Supreme Court’s decision was rendered in the context of applicability of sales tax on a civil works contract and had nothing to do with service tax, was not appreciated. It was, however, apparent that the Department was more concerned with the huge differentials that exist between the rates charged by contractors to developers and those charged by the latter to the purchasers of flats, in terms of loss of service tax revenues rather than the legality of the levy on developers. Based on the DG’s circular, developers/estate builders who had employed contractors came under a lot of pressure to pay service tax.

Even as the CBEC and the Service Tax Department took contradictory stands, the TRU issued a Clarification dated August 1, 2006, on the levy of service tax on the construction of residential complexes.

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Lease agreement and foundation for Smart City in kerala

Friday, Nov 16, 2007

The lease agreement for land earmarked for the Smart City project was signed here on Thursday.

Ajay Kumar, Director, Information Technology, representing the State government, and Farid Abdul Rahman, Executive Director of Tecom, signed the deed for 234.5 acres out of the total 246 acres (93.8 hectares out of 98.4 hectares) of land at a function held at Infopark. The deed is for 99 years.

The government received a demand draft for Rs. 99.4 crore out of the total Rs. 104 crore. The remaining land will be handed over as soon as the rehabilitation of inhabitants is completed. IT Adviser to the Chief Minister Joseph C. Mathew; District Collector A.P.M. Mohammed Hanish; Project Director, Smart City, Baju George; Infopark Chief Executive Officer Radhakrishnan Nair; and Tecom Marketing Director Jazia Mohammed were present.

Later, Mr. Mathew told presspersons that no waiver in registration and stamp duty was granted to Tecom.

“The State government has not granted any benefit not mentioned in the agreement signed in May. “If they were to claim benefits in terms of the land being in the Special Economic Zone, they would have to approach the Centre,” he said. He said the remaining amount due from Tecom would be received as soon as the rest of the land was handed over

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Applictions for Land   Filling  will not  accept until February -_ kerala Minister

 06/11/2007 

Thrissur-   Minister  K.P. Rajendran  told media  that , He instructed  Collectors not to accept application for land filling   Until  February . Because  Bill  for    Nell vayal , Neer thadam Samrakshana will be passed on february . Niyamasabha  select a committee will  enquire about  Bill  instructions  inorder  to finalise the Bill and will start their work   on Tuesday at Thrissur . There is a hidden agenda to raise the tarrif of land value by the Government . It is rumoured that Government has   decided to raise the tarrif  from 30 % to 50 % .

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Order for Renewal of land value fixation in kerala 

02/09/2007

Land value will be renewed in Kerala state – As the Govt of kerala came to know about the lose of crores in stamp duty as per the existing land value fixation . Govt ordered to the concerned officials to renew it and report back before 06.09.07 . Before  4 months  Govt issued orders to village officers to refix the market value of land as stating existing land value fixation is not practical. Village officials carry out the order by preparing the list total land divided in to 15 groups (like land with industrial importance, land with water frontage , road access, Etc) for value fixation.. As they clear the order new order been issued for revaluation of land. As per the existing land value fixation it is already less than 50/70 percent of the orginal value which cause big lose to Govt  in stamp duty .Govt is planning to reduce the stamp duty on current year which will cause lose of crores followed by this they want refixation of land value again.

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Kerala Government cuts stamp duty on flats
Thiruvananthapuram, July 24

The Assembly approved changes to the Kerala Finance Bill 2007-08 to bring into effect a reduction in stamp duty on flats and metal crushers. Flats assessed to be below a cost price of Rs 5 lakh would be totally exempted from tax, the Finance Minister, Dr Thomas Isaac, announced in the Assembly. For those assessed to be above this threshold limit, the rates have been reduced to 10 per cent, nine per cent and 6.5 per cent in corporation, municipal and panchayat areas, in tha t order. The amendments proposed also bring relief in tax incident on purchase of metal crushers of large, medium and small sizes.

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Kerala government plans to reduce the stamp duty for flats