Public Services and Land Procedures

Public Services and Land Procedures

Managing Town and Village Lands by General Administration Department, Ministy of Home Affairs

1. General Administration Department, Ministry of Home Affairs is managing on behalf of the State Land at the Disposal of Government or the State Land. In the Sector of Managing Town Lands or Village Lands, General Administration Department is carrying out issuing license, issuing lease for short term without power of Renewal issuing lease of tow lands with power of Renewal up to 90 years, issuing grants of land for religious and public purpose, issuing Buddha-Thein Grant, allotments of Grazing grounds, land Transfer and Land acquisition whenever it appears to the President of the Union that and in any locality is needed or is likely to be needed for any public purpose in accordance with the following laws, rules and regulations-

1. The land and Revenue Act, 1876 and Rules, Notifications, Directions.
2. The Upper Myanmar(Burma)Land and Revenue Regulation, 1889and Rules, Notifications, Directions
3. The Land Acquisition Act, 1894 and Rule and Directions
4. The Lower Myanmar(Burma)Towns and Village Lands Act, 1898 and Rules, Regulations and Directions

Issuing a lease of land or license

2. If there is an application for building, residential, or industrial purposes other than cultivation and breeding the state land and land at the disposal of government situated outside the boundaries of Nay Pyi Taw, Yangon and Mandalay City Development Committees are issuing lease for short term without power of Renewal, lease of town lands with power of renewal up to 90 years regarding the nature of the house proposed to be built and the types of land in accordance with the existing land Management laws by General Administration Department, Ministry of Home Affairs.

1. License
   (i) If any person desires to temporality occupies for the purpose of cultivation or otherwise, State Land which is waste can be applicable to the Collector or District Administrator.
   (ii) After such enquiry as may be necessary the Collector may grant the application and give the applicant a license to occupy the land for any time not exceeding three years, at the rate in force for similar land in the neighborhood.
2. Lease for short term without power of Renewal
   A lease of land on which the applicant purposes to erect a building of any other description shall ordinarily be made for ten years. Such lease shall not provide for renewals.
3. Lease of town lands with power of Renewal in Perpetuity
   A lease of land on which the applicant purposes to erect a substantial at building shall not ordinarily be made for a short period than thirty years, and shall in all such case provide for renewal on the expiry of the original or in special cases(Under the Financial Commissioner or Director General orders in perpetuity). Moreover, for Industrial zone and other economies, GAD is issuing Industrial Grants or economical grants and the rent fixed for the land shall be not less than 6% and not more than 12% of the land Market value.

3. Any person desiring to obtain a lease of any land at the disposal of Government for building, residential or industrial purposes may apply in writing to the Deputy Commissioner of the district(District Administrator) or to the officer in charge of the subdivision or town- ship of the district in which the land is situated. A lease to anyone person or get of persons may be made by the Deputy Commissioner or District Administrator for_

1. on his own authority up to a limit of one acre.
2. with the previous sanction of the Commissioner of the division, if the area exceeds one acre but does not exceed five acres; and
3. with the previous sanction of Financial Commissioner, if the area exceeds five acres.

4. A lease of land, grant or license may apply in writing to the relative Deputy Commissioner of the District or District Administrator. Such application shall contain the following particulars;_

1. Name, NRC-no, residence and designation of applicant;
2. Quarter, road or locality in which the land applied for is situated;
3. The boundaries there of;
4. The approximate size of the house to be erected and the materials of which it is to be built;
5. The purpose for which the lease of sought whether building, residential or industrial;
6. A declaration that the land applied for has been demarcated;
7. two maps and areas of the land applied the four boundaries and land types or land tenure, one of the two maps needs to stamp(300 Kyat ) ,(Form -105)with two maps registered by Department of land Management and Statistics,
8. land record (Form-106)of the land applied(One excerpt actual copy from Registration Book(1-A)of Department of land management and statistics
1. two photos of building plans shall be built on the land of applied(front elevation and side elevation)
10. In applying new a grant, the notification which proved acquiring, a copied instrument with stamp.
11. If the plot is purchased, a copied instrument with stamp.
50. On the application form of grant, lease, industrial lease and license, the office Revenue stamp must be included.
1000. If the land applied is cultivation land, the permission to use the farmland by other means under section -30(a),(b)of the farmland law(2012) shall be included.
14. If lease of land is applied for renewal, original instrument/contract for the lease of land shall contain (with the application form).
15. If the lease of land is applied for reaming, not only the original instrument/contract for the lease of grant but also the official transfer instrument/contract, for the lease of land from the original applicant to the new applicant as a testimony shall be included(or purchase instrument/contract)

5. After enquiring/checking the application whether in which contain the above particulars contains or not by the District Administrator of General Administration Department. If the application do not need other factors, it must be registered in the proceeding books. If the Deputy Commissioner or the District Administrator, does not approve of the application, he may reject it any time and shall record his reason for so doing.

6. After that, the proceedings will be sent to the Township Administrator to check the concerning with the applied land.

7. To check the following factors concerning with the applied land, the Township Officer have to send the proceedings to the Township Department of Statistics and management land-

1. Area and boundaries land applied for
2. Verifying the fact that whether the land is apparently at the disposal of Government
3. (Verifying the fact that )whether the land applied for is allotted for Government purposes
4. Verifying the fact that whether the land applied for is the land occupied without title (in this class is included land not falling under the next preceding clause which is not held under document and in respect of which a land holder’s right has not been acquire The entry mode in respect of such land is “Squarter” and the date From which the squatting commenced should be entered
5. Whether the land applied for is the land held under license, grant and lease(the number and year of the lease, the period for which the lease was made and rules under which it was made).
6. Whether the land applied for have been extracted the map by others extracted the map by others except the applicant.
7. Whether there is buildings on the land applied for.
8. 75% of the full letting value of must/shall be expressed on the land applied for and similar private sites;
1. 6% of setting value or market value shall be expressed on the kind applied for and similar private sites(If it is industrial grant 12% of selling value or market value shall be expressed).
10. The rent shall be fixed or expressed for the land applied for

8. After fixing the rent, or provisionally living 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/ District Administration or the Sub divisional Officer shall case public notice to be given of the fact of the application having been 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 Sub divisional Officer or some other officer(not below the rank of a Myook) to the named in the notice, why the lease should not be mode, and shall state that, if no such cause is shown and the necessary sanction, if any, is granted will be made.

9. When there is an objection during fifteen days or the notice shall further invite any person other than the applicant who may wish to obtain the lease to send to the Deputy Commissioner or the Sub divisional officer on or before the fifteen day after the date of the notice applications in writing, whether they are willing to pay any, and if so what premium in order to obtain the lease on the terms notified. 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 for objections shall be served on such person in the manner provided for the service of summonses on defendants in civil suits.

10. A lease to any one person or set of persons may be made by the Deputy Commissioner_ on his own authority, up to a limit of one acre;

11. A lease to any one person or set of persons may be made by the Deputy Commissioner_ with the previous sanction of the Commissioner of the division, if the area exceeds one acre but does not exceed five acres; and

12. A lease to any one person or set of persons may be made by the Deputy Commissioner_ with the previous sanction of the Ministry of Home Affairs through Director General of GAD(Financial Commissioner), if the area exceeds five acres.

13. After getting the permission of Ministry of Home Affairs, General Administration Department, the Collector(District Administrator)may make a lease or may grant lease in accordance with the UBLR Rule 51.B(c) and LBT&VL Rule-9(c).

Applying lease of land in Villages

14. The following persons can apply lease of land in villages according to the issuing lease of land project in villages_

1. Any citizen who is in the age of 18 years, and who is living in village tract areas.
2. Any person who have/bring NRC card
3. Any person who bring a household family list(Form 66/6)that includes his or her name
4. If the applicant moved from the other places with(Form-10), he must be living for twelve years continuously.

15. Supporting Documents to be include in applying lease of land in villages

1. Name, NRC-No, residence and designation of applicant;
2. Village, Quarter, road or locality in which the land applied for is situated;
3. The four boundaries thereof;
4. Types and sizes of buildings on the land applied

16. Supporting Documents to be included in the application of lease of land in villages

1. Applicant must bring a testimony land record list form(105/106)of (Township) Department of land and Managing Statistics
2. (4)photos of building
3. Applicant must bring a testimony or actual possession of the land applied
4. Applicant must bring a testimony of the administrator of his or her ward or village tract to be confirmed that the applicant resides in that ward/village tract.
5. Self-admission/ testimony of the applicant that the land applied has no disputes for the tenure of the land.

The functions and duties of the Department and Rules, Regulations in issuing lease of land in villages

17. The following facts shall be scrutinized and carried out by the Department/GAD when GAD/it is issuing lease of land in villages_

1. (The Collector or District Administrator)may/shall issue(grant or) lease for the land at the disposal of Government within village boundary notified by the Ministry of Home Affairs, and land at the disposal of government permitted to use the farmland by other means in accordance with the farmland law(2012)Section 3-(4)within the village tract areas.
2. (The District Administrator)shall/may not (grant or) lease to the land in a village for residential purposes to a person who is not either a resident of the village tract in which the village is situated to reside there in industrial or economical/commercial lease for the applicant who actually perform industrial or commercial purposes;
3. (The District Administrator)shall not (grant or) lease to any foreigner or any person who is recognized as foreigner according to the Myanmar Citizen law;
4. The Collector/District Administrator shall not (grant or)lease any land which is complaint or at any court for land dispute
5. The Collector shall not (grant or) lease any disputed land for possessions/land tenur
6. The Collector/District Administrator shall not (grant or) lease any land less than the area of (0.0275)acres(20feet & 860feet distance)
7. The Collector shall not (grant or ) lease any land that does not have four boundaries exactly;
8. The Collector shall not(grant or ) lease any land which has no exist or lane.
1. The Collector shall not (grant or ) lease any land without buildings erected
10. The Collector shall not (grant or ) lease any land situated at the opposite site to the lake, stream, river;
11. The Collector shall not grant or lease any land situated within railway, Main Road or Highway road areas;
50. The Collector shall not (grant or ) lease any land situated within the National Gird of Electricity;
1000. The Collector shall not (grant or ) lease any land allotted for Government purposes/restricted or objected by any Government Department according to the existing laws.