[1]THE
KERALA LAND REFORMS (VESTING AND ASSIGNMENT) RULES, 1970 In exercise of the powers
conferred by section 129 of the Kerala Land Reforms Act, 1963 (1 of 1964) the
Government of Kerala hereby make the following rules, namely: CHAPTER I General (1)
These rules may be called the Kerala Land Reforms (Vesting and
Assignment) Rules, 1970. (2)
They shall come into force on the date of their publication in the
Gazette. In these rules, unless the
context otherwise requires. (a)
"Act" means the Kerala Land Reforms Act. 1963 (1 of
1964); (b)
"application" includes an interlocutory application; (c)
"Form" means a form appended to these rules; (d)
"Land Board" includes a Bench of the Land Board
constituted for performing the functions of the Board; (e)
"legal representative" means a person who, in law,
represents the estate of a deceased person; (f)
"section" means a section of the Act. (1)
The Interpretation and General Clauses Act, 1125, shall apply, as
far as may be, to the interpretation of these rules, as it applies to the
interpretation of an Act. (2)
The forms shall be used with such variations as the circumstances
may require. CHAPTER II Assignment of Rights Vested in Government under Section 72 An application for assignment of
the right, title, and interest of landlords vested in the Government under
section 72 shall be in Form A. 1(1) Where a Land Tribunal receives
information [2][xxxxl
that the right, title and interest of the landowner and intermediaries in
respect of a holding or part of a holding situate within its jurisdiction
have vested in the Government under section 72, it shall, notwithstanding that
an application referred to in rule 4 has not been received in respect of that
holding or part, as the case may be, of its own motion assign such right, title
and interest to the cultivating tenants entitled thereto in the manner
hereinafter provided. (2) The Land Tribunal shall initiate separate
proceedings under sub-rule (1) in respect of each holding or part of a holding,
as the case may be. (3) Where after the initiation of proceedings
under sub-rule (1) for the assignment of the right, title and interest in
respect of a holding or part of a holding, an application referred to in rule 4
in respect of that holding or part, as the case may be, is received by the Land
Tribunal, such proceedings and application shall be disposed of by the Land
Tribunal jointly. (4) The Land Tribunal shall maintain a register of
cases in which it has initiated proceedings under sub-rule (1), in Form B. (1)
Any landowner or intermediary whose right, title and interest in
respect of a holding or part of a holding have vested in the Government under
section 72, may apply for the assignment of such right, title, and interest to
the cultivating tenant and for payment of compensation due to him under section
72A, in Form C to the Land Tribunal within whose jurisdiction such holding or
part, as the case may be, is situate, and a separate application shall be made
in respect of each holding or part of a holding. (2)
Where an application is made under sub-rule (1) in respect of a
holding or part of a holding after an application referred to in rule 4 in
respect of that holding or part, as the case may be, is received by the Land
Tribunal or after the initiation of proceedings under sub-rule (1) of rule 5 in
respect of that holding or part, as the case may be, the Land Tribunal shall
dispose of the application referred to in rule 4, the proceedings referred to
in sub-rule (1) of rule 5 and the application referred to in sub-rule (1)
jointly][3]. (1)
The public notice under sub-section (1) of section 72F shall be in
Form D; and the individual notice under sub-section (2) of that section shall
be in Form E. (2)
The public notice under sub-section (1) of section 72F
shall, [4][xxxx]
be published. (a)
on the notice boards of- (i)
the office of the Land Tribunal; and (ii)
The village office of the village in which the land to which the
public notice relates is situate; and (b)
by affixture on some prominent part of such land. A requisition by the Land
Tribunal to the village committee under sub-section (3A) of section 72F shall
be in Form E1.][5] (1)
On receipt of the requisition referred to in rule 7A, the convener
of the village committee shall assign a number to every such requisition
strictly according to the order in which it is received, and enter it in a
register to be maintained by the village committee. The register shall be in
Form E2. (2)
The convener of the village committee shall also maintain a book
in which a separate page shall be allotted to each survey number in the
village, the survey number being entered in the chronological order. (3)
Each page of the book maintained under sub-rule (2) shall be in
Form E3. The village committee may, in
addition to the matters mentioned in sub-section (3B) of section 72F, furnish
any other particulars it considers relevant to the case pending before the Land
Tribunal. When the village committee
desires to obtain any information, such committee or any one of its members may
obtain it in anyone or more of the following modes; namely:- (a)
by making such enquiry as the village committee or member may deem
fit; (b)
by local inspection; (c)
by reference to any Government record; or (d)
in such other manner as the village committee or member deems fit. (1)
After obtaining necessary information, the village committee shall
give an opportunity to the persons concerned to be heard regarding the
correctness of the information. (2)
For the purposes of sub-rule (1) the village committee may secure
the presence of the persons concerned and read over the information received by
the committee to such persons. (3)
The committee may also examine documentary evidence produced by
the persons concerned or received by it from any other person. As soon as may be after the
completion of the enquiry under rule 7E, the village committee shall,
the before the date specified in the requisition received from the Land Tribunal
under rule 7A, forward its advice to the Land Tribunal. The advice shall be in
Form E4. The convener of the village
committee shall, at the end of every month, enter in Form E3 an abstract of the
requisitions received by the committee during that month together with a
statement showing the following particulars, before entering the requisitions
for the subsequent month, namely:- (a)
the total area of all holding comprised in each survey number; (b)
the number of cases in respect of which requisitions under
sub-section (3A) of section 72F have been received by the village committee
during the month; (c)
the total area of the holdings in respect of which such
requisitions have been received during the month; (d)
the number of cases in respect of which advice has been tendered
by the village- committee during the month; and (e)
the total area covered by the holding in respect of which such
advice has been tendered during the month][6]. (1)
An application under sub-section (4) of section 72F shall be in
Form F and shall be presented before the date of the order of the Land Tribunal
under sub-section (5) of that section. (2)
Where the application is presented before the date referred to in
sub-rule (1), the Land Tribunal shall implead the applicant as a party to the
proceedings before it in respect of the land to which the application relates,
and, where he is so impleaded, he may, within the time allowed by the Land
Tribunal in that behalf, file a statement duly verified by him setting forth
his claims and objections regarding the assignment of the right, title and
interest of the land owner and intermediaries in respect of that land to the
cultivating tenant or any matter connected therewith.][7] (1)
Where after the publication of the public notice under sub-section
(1) of Section 72F and the service of the individual notice under sub-section
(2) of that section in respect of a holding, any of the patties to the
proceedings pleads that the land comprised in such holding is not held by any
cultivating tenant or that the right, title and interest of the landowner and
the intermediaries in respect of such holding have not vested in the Government
the Land Tribunal shall decide such question as a preliminary point and [8][pass an
order thereon with reasons for such order]. (2)
Where the [9][order]
under sub-rule (1) is that such land is not held by any cultivating tenant or
that such right, title and interest have not vested in the Government the Land
Tribunal shall forthwith reject the application referred to in rule 4 or
discontinue the proceedings referred to in rule 5 and such order for rejection
or discontinuance, as the case may be, shall be deemed to be an order under
section 72F for all purposes of the Act. (1)
Where in any proceedings for the assignment of the right, title
the and interest of the landowner and intermediaries in respect of a holding
vested in the Government, to the cultivating tenant, there is no dispute of the
nature referred to in sub-rule (1) of rule 9, or, where there is such a
dispute, the Land Tribunal has ordered that the holding is held by a
cultivating tenant or that the right, title and interest of the landowner and
intermediaries have vested in the Government, as the case may be, the Land
Tribunal shall, after perusal and consideration, of the application, it any,
referred to in rule 4, the information referred to in rule 5, the written
statement, if any, filed by the parties, other documentary evidence, if any,
produced and the report, if any, of the officer appointed under section 105A
and after such further enquiries as it may deem necessary and after giving a reasonable
opportunity of being heard to all the persons to whom individual notices have
been issued under subsection (2) of section 72F, and to the other persons who
have preferred claims and objections and appeared before the Tribunal in
pursuance of the notice issued under sub-section (1) of that section, pass an
order under sub-section (5) of the said section: Provided that the order on a
dispute referred to in sub-rule (1) of rule 9 shall not be reviewed by the Land
Tribunal. (2)
The Land Tribunal shall before passing the order under sub-section
(5) of section 72F ascertain from persons claiming to be cultivating tenants,
in case they appear before it, as to whether they opt to pay the purchase price
in a lump][10]. (1)
The order of the Land Tribunal under sub-section (5) of section
72F (including an order passed after remand) shall be accompanied by a
statement in Form I: Provided that no such statement
shall be necessary in cases referred to in sub-rule (3) of rule 9. (2)
The order of the appellate authority in appeal against an order of
the Land Tribunal under sub-section (5) of Section 72F (including an
order passed after remand by the High Court) shall be accompanied by a
statement in Form]: Provided that no such statement
shall be necessary in cases where the appellate authority. (i)
is satisfied that the land, the right, title and interest in
respect of which are proposed to be assigned, is riot held by a cultivating
tenant or that the right, title and interest of the landowner and
intermediaries in respect of the land have not vested in the Government; or (ii)
dismisses the appeal or remands the case. (3)
The Land Tribunal shall, on receipt of the order of the High Court
passed in revision, prepare a statement in Form I on the basis of such order
and file such statement as part of the records of the case: Provided that no such statement
shall be necessary in cases where the High Court. (i)
holds that the land, the right, title and interest in respect of
which are proposed to be assigned is not held by a cultivating tenant or that
the right, title and interest of the landowner and intermediaries in respect of
the land have not vested in the Government; or (ii)
dismisses the petition for revision or remands the case. (1)
Where any institution claiming to be a religious charitable or
educational institution of a public nature has applied for payment of annuity
and the Government have not issued a direction to the Land Tribunal to
determine the annuity payable to that institution the Land Board shall decide
whether such institution is a religious, charitable or educational institution
of a public nature. (2)
The Land Board shall communicate its decision under sub-rule (1)
to all the Land Tribunals in the State. (3)
Where in any proceedings initiated under section 72B of section
72C, it appears to the Land Tribunal that the landowner or an intermediary is a
religious, charitable or educational institution, it shall, [11][before
it passes an order under sub-rule (1) of rule 10] ascertain from the Land
Board- (i)
whether such institution has been sanctioned annuity by the
Government; or (ii)
whether the Government have issued any direction to the Land
Tribunal to determine the annuity payable to such institution; or (iii)
whether such institution has applied before the 30th day of
September, 1970, for payment of annuity, and if applied whether any decision
has been taken as to whether such institution is a religious, charitable or
educational institution of a public nature or not; Provided that no reference to the
Land Board shall be necessary in cases where the Land Tribunal is already in
receipt of such information. (1)
On receipt of the decision of the Land Board declaring an
institution as a religious, charitable or educational institution of a public
nature, the Land Tribunal, shall initiate action to determine the annuity for
the holdings in respect of which the institution desires to be paid annuity in
its application and to assign the right, title and interest of the institution
to the cultivating tenants. (2)
The Land Tribunal shall after determining the annuity in respect
of all the holdings held by the cultivating tenants under the institution for
which, such institution has desired for annuity, prepare a draft annuity
statement in Form M, specifying the annuity payable to the institution. (3)
As soon as may be after the preparation of the draft annuity
statement, the Land Tribunal shall furnish to the institution the said draft
together with a notice inviting claims or objections, if any, to be made in
writing within ten days from the date of receipt of the notice. (4)
The Land Tribunal shall consider any claim or objection which may
be preferred under sub-rule (3) and after giving the institution a reasonable
opportunity of being heard, prepare the final statement in Form M. determining
the annuity payable to the institution. The final statement shall then be sent
to the Land Board. (5)
On receipt of the final statement in Form M the Land Board shall
scrutinise the same and if necessary, return it to the Land Tribunal for the
purpose of correcting patent mistakes or errors apparent on the face of the
record. The Land Board shall thereafter forward it to the Government, with its
remarks, if any. (6)
The Government shall on receipt of the statement enter the details
in a register in Form N, sanction the payments to be made to the persons
concerned towards the satisfaction of the encumbrances in accordance with the
Provisions of section 67 and shall, thereafter issue an Annuity Payment Order
in favour of the institution in Form O. (7)
The Annuity Payment Order shall specify the amount of the annuity
and the date on which it is payable where it is payable in lump and where It is
payable in installments, the dates on which the installments are payable, and
also the Government treasury at which the annuity is payable. (8)
The Annuity Payment Order shall be prepared in duplicate and
forwarded to the Accountant General for authorising payment at the treasury
under intimation to the institution concerned, and on receipt of the
authorisation from the Accountant General, the Treasury Officer shall
forward the Institution's half of the Annuity Payment Order to the institution. (9)
The annuity shall be disbursed to the person entitled to receive
it on behalf of the institution, by the Treasury Officer on presentation of the
institution's half of the annuity payment order, together with a claim in Form
P. (10)
The Treasury Officer shall maintain a register of annuities in
Form Q][12]. (1)
Where the right title and interest of the landowner and the
intermediaries, if any, in respect of a holding have vested in the Government,
the cultivating tenant, the landowner, the intermediaries, if any, the holder
of the encumbrance, if any, charged on such right, title and interest and the
person entitled to maintenance or alimony, if any charged on such right, title
and interest [13][may
jointly make an application] in Form J to the Land Tribunal within whose
jurisdiction such holding is situate: Provided that [14][no such
application shall be made] in cases where the cultivating tenant owns an extent
of land (including the land, the right, title and interest in respect of which
are to be assigned) in excess of the ceiling area. [15][xxxx] [16][(4) The
application under sub-rule (1) may be presented before the Land Tribunal by any
one of the signatories to such application either in person or by recognised
agent or by pleader.] (5) On receipt of [17][an
application] under sub-rule (1), [18][the
Land Tribunal shall issue a notice, in Form E to the District Collector
concerned and publish] 11(in the manner specified in
sub-rule (2) of rule 7] a public notice in Form D: Provided that no such publication
is necessary in respect of a holding for which such publication has been
already made. (6) On the day Specified in the public notice
under sub-rule (5) for preferring claims or objections or on any subsequent day
to which the proceedings may be adjourned or where the [19][application]
under sub-rule (1) is presented after the Land Tribunal has initiated
proceedings under section 72B or section 72C, on the day specified in the
public notice published in respect of such proceedings or on any subsequent day
to which such proceedings may be adjourned, the Land Tribunal, if satisfied
after making such inquiries as it may deem fit [20][and
after considering the advice given by the village committee or village
committees, as the case may be]. (i)
that the cultivating tenant whose name is specified in the [21][application]
is the cultivating tenant entitled to the assignment of the right, title and
interest of the landowner and, intermediaries in respect of the holding; (ii)
that the tenancy claimed and admitted is not created for the
purpose of defeating the provisions of the Act relating to restriction on
ownership and possession of land in excess of the ceiling area and disposal of
excess lands; [22][(iii)
xxxx] (iv) as to any other matter which the Land Tribunal
thinks necessary to be satisfied, may, notwithstanding anything contained
in rule 10, pass an order [23][in Form
J1 assigning the holding to the cultivating tenant on the basis of the
particulars furnished in the application]: Provided that no such order shall
be passed in cases where the Land Tribunal is not so satisfied or any person
other than the signatories to the [24][application]
appears before the Land Tribunal and files claims or objections or requests
time for filing claims or objections. [25][(7)
Where the claims of any person referred to in the proviso to sub rule (6) are
genuine and such person is found to have an interest in the holding or where
the Land Tribunal is not satisfied as to the matters specified in that
sub-rule, it shall, after giving all parties concerned an opportunity to be
heard, forthwith dismiss the application and initiate suo motu proceedings
under section 72C for assigning the holding to the cultivating tenant, ignoring
the agreements]; [26][(8)
xxxx] The nomination under the proviso
to sub-section (8) of section 72H shall be made in Form J2][27]. As soon as may be after an order
for the assignment of right, title and interest of the landowner and
intermediaries vested in the Government, to the cultivating tenant has become
final, the Land Tribunal shall issue a certificate of purchase in Form K to the
cultivating tenant. (1)
A true copy of every certificate of purchase referred to in rule
14 shall be furnished by the Land Tribunal to the Tahsildar of the Taluk in
which the holding is situate and also to the concerned village officer or
village officers and they shall take action for carrying out necessary changes
in the revenue records. (2)
In places where resurvey is in progress, the Land Tribunal shall
furnish a copy of the certificate of purchase to the Assistant Director of the
Resurvey party also.][28] (1)
The second and subsequent installments of purchase price shall be
deposited with the Land Tribunal in the manner specified in sub-rule (2) by the
cultivating tenant within one year [29][from
the due date for payment] of the previous installment. (2)
Such deposit shall be made on or before the due date in the
Government treasury in a chalan in triplicate countersigned by the Land
Tribunal under the appropriate head specified by, the Land Board of in the P.D.
Account of the Land Tribunal. One copy of the chalan shall be furnished by the
purchaser to the Land Tribunal who shall maintain such accounts as may be
directed by the Land Board][30]: (1)
Where a cultivating tenant to whom the right, title and interest
of the landowner and intermediaries in respect of a holding have been assigned,
has paid the purchase price in lump, or where purchase price in lump has been
recovered from him, the Land Tribunal, on application by the landowner or
intermediary, as the case may be, and on being satisfied that the compensation
due to such land owner or intermediary for the vesting in the Government of his
right, title and interest in respect of all holdings held by cultivating
tenants, after deducting the value of encumbrances and claims for maintenance
or alimony, is not more than Rs 20,000, may with the approval of the Land
Board, pay, in addition to the 50 per cent of the compensation payable to him
by the Land Tribunal in respect of the holding to which the assignment relates,
the remaining 50 per cent of the compensation in respect of that holding
payable to him under section 721 by the Land Board. (2)
An application referred to in sub-rule (1) shall be in Form L. The Kerala Land Reforms (Tenancy)
Rules, 1970, shall so far as may be, apply to all matters relating to the
assignment of the right, title and interest of landowners and intermediaries
vested in the Government under section 72 to the cultivating tenants, in
respect of which provision has not been made in these rules]. [1] Issued
under G.O. (P) No. 21/70/LRD dated 12-1-1970 pub. in K.G. Ex. No. 25 dated
12-1-1970 as SRO 31/70 [2] Omitted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [3] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [4] Omitted
by SRO 114/71 dated 3-4-1971 pub. in K.G. Ex. No. 196 dated 3-4-1971. [5] Inserted by
SRO 1151/76 dated 28-10-1976 pub. in K.G. Ex. No. 643 dated 11-11-1976. [6] Inserted
by SRO 201/70 dated 21-5-1970 pub. in K.G. Ex. No. 156 dated 21-5-1970. [7] Inserted
by SRO 201/70 dated 21-5-1970 pub. in K.G. Ex. No. 156 dated 21-5-1970. [8] Substituted
by SRO 1026/75 pub. in K.G. Ex. No. 643 dated 31-10-1975. [9] Inserted
by SRO 201/70 dated 21-5-1970 pub. in K.G. Ex. No. 156 dated 21-5-1970. [10] Substituted
by SRO 1026/75 pub. in K.G. Ex. No. 643 dated 31-10-1975. [11] Substituted
by SRO 1026/75 pub. in K.G. Ex. No. 643 dated 31-10-1975. [12] Inserted
by SRO 842/77 dated 9-8-1977 pub. in K.G. Ex. No. 531 dated 9-9-1977. [13] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [14] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [15] Omitted
by ibid. [16] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [17] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [18] Substituted
by SRO 261/77 dated 23-3-1977 pub. in K.G. Ex. No. 185 dated 25-3-1977. [19] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [20] Inserted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. Ex. No. 643 dated 11-11-1976. [21] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [22] Omitted
by ibid. [23] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [24] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [25] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [26] Omitted
by ibid. [27] Inserted
by SRO 370/80 dated 5-4-80 pub. in K.G. Ex. No. 271 dated 10-4-1980. [28] Substituted
by SRO 1151/76 dated 28-10-1976 pub. in K.G. No. 643 dated 11-11-1976. [29] Substituted
by SRO 792/74 pub. in K.G. Ex. No. 744 dated 29-10-1974. [30] Inserted
by SRO 90/74 dated 31-1-1974 pub. in K.G. Ex. No. 130 dated 5-2-1974.THE KERALA LAND REFORMS (VESTING AND ASSIGNMENT) RULES, 1970
PREAMBLE