Kerala Michaboomi Pattayam procedures-Role and functions of Kerala Land tribunals

ROLE AND FUNCTIONS OF LAND TRIBUNALS

SABU. M. S

SENIOR SUPERINTENDENT COMMISSIONERATE OF LAND REVENUE 9446311964

TRIBUNALS Board appointed to adjudicate on particular questions – Oxford Dictionary ◙ ◙ ◙ ◙ ◙

No exclusive powers or proceedings of a civil court But Functioning on a court proceedings Regarding a particular subject When an Act Introduced on a particular or a special subject Origin huge number of cases in a particular subject

LAND TRIBUNALS A body appointed by the government to adjudicate the issues relating to the implementation of Kerala Land Reforms Act – 1963

Sec.99 Provides: Government may by

notification in the gazette, constitute one or more Land Tribunals for any area for any class of cases specified in the notification for the purposes performing the functions of a Land Tribunal under this Act

LAND TRIBUNAL ďƒź ďƒź

Shall consist a sole member who shall be a A Judicial Officer not below the rank of a Munsiff Not below the rank of a Tahsildar

In 1970 or the early stage of the implementation of the Act Government have issued notification U/S 99 constituting special Tahsildar (LA) special Tahsildar (LR) and Block Development Officers as Land Tribunals in respect of the area specified in the notification Now there are 17 Land Tribunals functioning in the state One Land Tribunal for each District and Malappuram, Palakkad, Kannur District two each.

MAIN FUNCTIONS OF LAND TRIBUNAL

Then and Now

Determination of fair rent Purchase land lord rights by cultivating tenants Kudikidappukaran to purchase his kudikidappu Si.No

Functions

Sections

Rules

Period

1

Determination of fair rent

31

30,31,32 KLR (T) Rules

Six months form the implementatio n of Act

Then

35/69 2

Purchase Land Lord right by CT

53-59

53-59 KLR(T) Rules

Six months form the implementatio n of Act

35/69 3

Kudikidappu

80-80(G)

77,78,79 KLR(T) Rules

Six months form the implementatio n of Act

35/69

NOW

Si Function No

Sections

Rules

Period

1

Land assigned to cultivating tenant by LT

72 to 72 (S)

KLR (V&A) Rules 1970

Period Extended time to time

2

Kudikidappu

80 (A) to 80 (G)

77,78,79

Period Extended time to time

3

7E

7E

KLR

Six Months from the implementa tion of amended Act

TENANCY

CEILING

18.10.2006

18.10.2006 Sec

7E

87 & 85,86

01.01.1970

01.01.1970

1. Tenancy 2. Kudikidappu

Land Ceiling ( TLB)

1.Sec. 3 to 73 2. Sec. 80A to 80 G

L.T

Sec . 81 to 98

ROLE OF LAND TRIBUNALS Right to fixing of Tenure Tenant – Any Person who has paid or has agreed to pay rent or other consideration for his being allowed to pocess and enjoy any land by a person entitled to lease that land and includes i.

the heir, assignee, legal representative etc…..

Deemed Tenant – Sec 4 to 11 of Act

4

Odacharthukar

5A Certain Mortgages and of mortgage

11.04.1957 back

•

5

50 years from 01.01.1970

Certain Mortgages

with Possession 6

Cochin

Certain Mortgages holding Verum Pattam

Cochin

after 01.01.1111

6A

Land holding on or after,01.12.1930

6B

Certain mortgages in area to which malabar tenancy Act

6c

Certain Lessees who have made substantial improvement

lasses

7

Certain Persons occupying land honestly believing to be tenants

7A

Certain Persons Occupying land not less than 10 Years

7B

Occupying Land under leses granted by incompetant

7C

Certain Persons who have paid amounts for occupation

7D

Certain Persons occupying private forests or unsurvey lands

7E

From 01.01.1970 to 18.10.2006

Persons

8

Cultivating Land on Varam arrangement

9

Surrendered Lease hold rights but continued in

9A

Certain surrender documents to be in admissible in

10

11

possession

evidence

Certain Persons 1. Punam or kumari 2. alicencee 3. Varamdar 4.Vechupakuthiar

Sambalapattamdar : Sambalachittudar etc

Every Tenant shall have fixing of tenure in respect of his holding and no land from the holding shall be resumed except as provided in Sec 14 to 22 – Resumption

Resumption -

Landlord from tenants

6 months from 01.01.1970 Restoration -

Tenant from landlord after resumption

6 Months

Determination of fair rent by land Tribunal Sec. 31 Apply to Land Tribunal – Land lord cultivating tenant or intermediary Procedure – 30-32 of tenancy Rule

Right to purchase Land Lord rights by cultivating tenant Sec. 53 to 59 Rights Vested in Land Lords Land tribunal only a mediator or Arbitrator

Apply to Land Tribunal Proceedings described rule 53-59 Application Form Patta Form -

Form no: 23 Form no :26

Annuity – Sec 65 to 67 Land owner or intermediary is a religious, Charitable or educational institution of a public nature their land vested in government. They liable to get annuity in perpetually by the government Procedure and Payment in 66 to 67 of Act And Rule 12 and 12 A of L&A Rules

As per Sec. 72 of the Act Vesting Land lords right in Government Instead of Sec 53 to 59  

Right Vested in Government so government assigned the land to cultivating tenant Land Tribunal Is the competent Authority Procedure – Kerala Land Reforms (Vesting &Assignment) Rules 1970 Application – 6 Months form 01.01.1970 Government extend in time

Kudikidappu

Sec. 75 Provides Kudikidappukaran to have fixing Definition A person who has neither a homestead nor any land exceeding in extend 3 cents in corporations, 5 cents in municipalities, 10cents in panchayat area in possession either as owner or as tenant : on which he could erect a homestead and Permitted with or without an obligation to pay rent Hut or Homestead

a) b)

I to IV explanation i. ii.

i.

3,5,10 cents Hut – Construction value below Rs: 750/Rent not exceeding Rs:5 Occupying 16.08.1968 continued 01.01.1970

These exceptions are important

Fixing of Kudikidappu    



Not alianated his kudikidappu The construction value of his homestead not exceed Rs: 2000/Not Rented his kudikidappu two or above years Not residing in his homestead or hut for a period of two years Having another kudikidappu within a distance of 5 Km Right of kudikidappu Purchase Procedure Issue Certificate Certificate of Purchase Rules

- Sec 80 A - Sec 80 B - Sec 80 C - Form No:43 - 77,78 and 79 of Tenancy Rules

Process of Land Tribunals All Powers of a Civil Court While Trying a Suit in Respect of Following Matters i. ii. iii. iv.

v.

Summering and Enforcing the attendance of any person and examining on Oath.

Requiring the discovery and production of any document Receiving evidence on affidavit Issuing commission for the examination of witnesses, or Local investigation Any other matter which may be prescribed (Rules)

◙ ◙ ◙ ◙ ◙

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Power to call particulars from any party for the purpose of implementing the act Power to implead parties legal represantatives of deceased parties Issue commissions, Grant injections, appoint receivers.

Amendments on petitions in accordance with CPC Power to add parties as legal representatives of a diseased party The period of limitation for application for impleading legal representatives shall be 90 days or 6 months death of the party

Thank you

SABU. M. S SENIOR SUPERINTENDENT COMMISSIONERATE OF LAND REVENUE

9446311964