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