Scrutiny of Draft declaration to arrive at Ceiling limits – practical Or Ceiling procedures as per Act & Rules Ceiling return to Distribution of excess land – an overview Sl. No.
Section
Crucial date of Period allowed filing statement
Form No.
I
Remarks
1
85(2)
01-01-1970
3 months
Not relevant now
2
85(3A)
3 months
3
85(A)
Last date of land acquired from resumption or restoration 02-11-1972
75 days
1A
Not relevant now
4
87(1A)
Land Acquired after 01-01-1970
3 months
1A
Relevant
Not relevant now
Form No. I with A to J Annexure A Total particulars of all land B Particulars of encumbrances on the land C Any pending litigation D Particulars of arrears of Land Revenue etc. E Particulars of land by way of mortgage F Exempted land under section 81(1) G Exempted land under section 81(3) H Particulars of land which have been disposed of after 15-09-1963/ 01-07-1969 I Particulars of land disposed of form 16-121957 to 05-09-1963 J Sn I Retained land (ceiling area) Sn II Surplus land
Statement IA (85A) – Same as I except some dates. Statements to be numbered – Rule 8B Verification of statement - 9 Details of information collected from any officer in Government Any other officer Verification of statements - 9A Taluk Tahsildars one or more Taluks Any other Officer (AO) The reports of the Tahsildars or the other officers should be send within six weeks 9(A)(2).
Preparation of Draft Statement Rule 10 i. Fix family status (unit) ii. Fix crucial date in which the ceiling case registered – Applicable only 87(1A) iii.Lands converted to Standard Acre iv.Verify annexure A to J with relevant documents, reports. v. To verify the option in Annexure J Section I vi.To verify and fix the land to be surrendered annexure J section II
Family Husband, wife and their unmarried minor children or such of them as exist. Two or more wives living the husband and one wife named by him and their children Other wives or each of other wives and have unmarried minor children shall be deemed to be a separate family Adult unmarried person shall include divorced husband or divorced wife who has not remarried.
Standard Acre Land Other than Nilam – KLR Act Schedule II part I District wise Garden land a. Coconut b. Arcanut c. Pepper Land principally cultivated cashew (* now exempted land) Other dry land Palliayal land Nilam Taluk wise Double crop or single crop
Ceiling area Sl.No.
1
2
Unit
Single member Family consisting 2 to 5 members Above 5 members
3
4
Institutions
Ceiling area in Std Acre
Ceiling area in physical area Minimum Maximum
5
6
7½
10
12
15
10
12
One std acre each to excess of five. Not Exceeding 20 acres
10
12
15
Remarks
Issue of Draft statement Part A - General details, family status etc. Part B - Excluded land Part C - Exempted land (under section 81 & 81(3)) Part D - Land surrendered under section 86(5) Part E - Excess land Draft statement published in District Collectorate, Taluk,Village etc.
Draft statement and individual notice to be served Person of family, institution, interested parties ii. All other person likely to have any claim or interest in ownership, possession etc.. iii. Other interested parties decided by TLB iv. Public notice (if necessary) i.
Call for objection/claim etc.... Rule 13 Hearing on objections/claim Rule 13 Postings for decision Rule 13 Posted for orders Rule 13 Orders passed under section 85(5) (c) Rule 13
I. II. III.
TLB orders in Form No.5 Proceedings (speaking order) General details Annexure Part A- Total extent (avoid excluded land)
I. II.
Part B Part C
Exempted land Land under section
Part D
-
86(5) III.
Excess land
Vesting of Excess Land in Government Demand for surrender - Rule 17 Issue a notice in Form No. 9 Authorization in Form No. 10 Taken possession and declaration in Form No. 11 Certificate of possession in Form No. 12 Voluntary surrender in Form No. 13 Record of possess in Form No. 14 Mahazar and Sketch to be prepared - Rule 22 a. Correct description of the improvements b. Record the name and address of Kudikidappukar if any. c. Classification of land under schedule IV (not in schedule II) d. Correct Survey No. & sub division number recorded in sketch and mahazar Tahsildar to counter sign - Rule 23 Modification of Revenue Records – Rule 24
Distribution of excess land – Rule 27 Inviting application for assignment of land in Form No.16 Notice Board of Taluk Office Notice Board of Village Office Local Authorities Offices Leading Malayalam Daily I. Kudikidappukar – 12.5% (if available) II. (a) Land less agricultural labours 87.5% (b) Smallholders Provided that 50% of 87.5% agricultural labours belonging to SC/ST/SEBC
1st Preference 2nd Preference
Preference of assignment Kudikidappukaran (whether he is an applicant or
not)
Un authorized Occupants they have effected valuable improvements b. Persons evicted from Govt. land c. Agricultural workers thrown out of employment owing to the land 3rd Preference Ordinarily residing the village where the land proposed to be assigned 4th Preference Adjacent village natives 5th Preference Ordinarily residing in the Taluk where the proposed land situated. When two or more persons one entitled to get preference under the same clause of sub rule 30(2) may be decided by lot. Offer of assignment in form no.18. After remitted the purchase price Deed of assignment issue in form no. 19 Patta issued in form no. 20 a.
Reservation for public purposes Notwithstanding anything here in before contained, the land board may at any stage a land is required for any public purpose, reserve such land for such purpose and such land for such purpose and such land not available for assignment (section 96(1) &Rule 32)
Compensation Kerala Land Reforms (Payment of compensation for excess lands) Rules 1974 Compensation fixed as per the rate in schedule IV Draft Compensation Roll Prepared by Tahsildar Form No. I Rule 3(1) Notice – for 30 days Form No.I A Final Compensation Roll – Send to Land Board Up to Rs.100/- payment by cash Above 100- paid in bonds. 16 years Interest from taken possession to issue of bonds will be calculated and LB issue a proceedings interest and cash portion will be paid by Tahsildar.
Disclaimer : The steps rated above are only indication not exhaustive
Sabu M.S 9446311964