Kerala Michabhoomi procedures-Role of TLB Chairman in dealing with TLB Cases

THE ROLE OF TLB CHAIRMAN IN DEALING CEILING CASES

Sabu M.S 9446311964

TALUK LAND BOARDS  Constituted under Section 100A for each Taluks.  By a notification in Gazette.Members  An Officer not below the rank of a Deputy Collector who shall be the Chairman of the Board.  More than six members nominated by Government.  The functions of the TLB may be performed by the Chairman alone or by the Chairman and any one or more of the other members of the Board.

[100 (2A) inserted by Act 27/74 with effect from 03-01-1974].  TLB shall continue in office for a further period of 6 months or till its reconstitution whichever is earlier.

Chairman only Chairman & Tahsildar Chairman, Tahsildar and five members- G.O(MS)411/2011/Rev dtd 11-11-2011 SRO – 722/2011 dtd17-11-2011.

Tenure  3 years from the date of notification Rule 137A of KLR (Tenancy) Rule-1970  Presiding Officer and Convener – Chairman is the presiding officer & convener of TLB.

Powers of TLB All power of a Civil Court while trying a suit in respect of the following matters:(a) Summoning and enforcing the attendance of any person and examining on oath. (b) Requiring the discovery and production of any document from any officer. (c )Receiving evidence on affidavit.  Any other matter which may be prescribed (as per Rules) I. Power to call for any particulars from any party [Rule 91 KLR (T) Rules) II. Power to implead parties – Rule (91 A) III. At any stage of the proceedings grant time to the parties or any of them and may from time to time adjourn the hearing of the proceedings(Rule 136) IV. Power to rectify clerical or arithmetical mistakes in order of TLB either of its own motion or on the application of any of the parties (Rule136A) V. Power to inspect of any property or things at any stage of the proceedings (Rule 137) VI. A quasi judicial body

Receiving Statements in Ceiling Case (Ceiling Returns) Sl. No.

Section

Date in which bound to file statement

1

85(2)

01-01-1970

2

85(3A)

3

85A

Last date of land acquired from resumption or restoration 02-11-1972

4

87(1A)

Land Acquired after 01-01-1970 which exceeds ceiling limit

Period

Within 3 months from 01-01-1970 3 months

Form No.

Remarks

I

Not relevant now

Not Prescribed/ I

Not relevant now

Within 75 days 1A (45 +30) 3 months 1A

Not relevant now Relevant

Statements to be numbered (Rule 8B of KLR (Ceiling) Rule 1970)

Verification of the Statement with Annexure A to J – R-9 a) Any Officer of Government b) Any other person or department.

Scrutiny and verification and correctness made through AO or any other officers a) Taluk Tahsildars & VOs b) Authorized Officers c) Any other Officer Verification and correction made by the Tahsildar within six weeks – Rule 9(A)2

Preparation of Draft Statement – Rule 10 Fix family status (single member, 2 to 5 members institution etc.,) Fix the crucial date in which the ceiling case registered [87(1A cases only) others 0101-1970] Lands converted to Standard Acre. To verify Annexure A to J carefully Exclusion Exemption Ceiling Area To verify option – J section I To verify and fix the land to be surrendered J- Section II

Issue Draft Statement (Initial Order) Part A Part B Part C Part D Part E

- General Details, family unit etc.

- Excluded Land (Section 84) - Exempted Land (Section 81(1), (3)).

- Land surrendered voluntarily.

- Excess Land

Draft Statement published Notice Board of Collectorate, Taluk Office, Village Office.

Draft Statement and individual notice of D/S Served (Rule 12)

i.

Person/Family/Institution ii.

All other person likely to have any claim or interest in ownership, possession etc. iii.

Other interested parties which decided by TLB. iv.

Public notice (if necessary)  Call for objection & claims – (Rule 13)

 Enquiry and collected evidence (if any)  Hearing conducted  Posting for orders  Orders passed under Section 85 (5) (C) – Rule 13

TLB order in Form No. 5      

Proceedings General Details Part A - Total Extent (Avoid excluded lands) Part B - Exempted land Part C - Lands surrender under Section 86(5) (voluntarily) Part D - Excess land

Orders of TLB (Rule 103A of KLR (T) Rules 1970)  Orders of the TLB shall be written by the Chairman and circulated to the other members  The others members who may either agree to the order or write separate order agreeing or disagreeing to the order written by Chairman.  Differ in opinion in any point shall be decided in accordance with the opinion of the majority provided that opinion of the members is equally divided on any point, the opinion of the Chairman on that point prevail.  Clear majority in a false opinion or decision the Chairman passed order accordingly and then write to Land Board to describing the facts and proposed to file revision petition against the order of TLB.  Every final order shall be pronounced by the Chairman at a sitting of the TLB as soon as practicable after giving due notice to the parties or their pleaders.[Rule 103A (3)]

Claim Petitions filed by Interested Parties under Section 85(8)      

In form No. VI Within 60 days from TLB order Need not furnish D/S prepared Notice for hearing in Form No.7 Documents should be verified Re-determination of surplus land or Rejection of petition.

A Ceiling Case Re-open the following occasions 1.85 (9) – The TLB may at any time set aside its order and proceed afresh if it is satisfied that a, b, c Sub section of 85(9). a.Extent liable – regarding b.Not lawfully owned or held. c.Not liable to surrender any land.

Proviso – TLB shall not initiate any proceeding after the expiry of 7 years.

Proviso – Hearing opportunity.

2.

85 (8) – Form No. VI Application 3. 85(9A) – Power to review its earlier decision by TLB (inserted by (not in force) Amendment Act 1989) –Failure to produce relevant data or particulars –By collusion –Fraud –Suppression of material facts Re-open period for Review (30-05-1989 to 29-05-1992) (After 29-05-1992 No Reopen) 4. 85 (10) - Under section 84(A) (valid only 07-07-79) 5. 87 - Land Acquire after 01-01-70 6. Decision of a court of law or a superior legal authority.

7. 7E implementation

Land Acquired after 01-01-1970 (Section 87)

By Gift Purchase Mortgage with possession Lease Any kind of Transaction – exceeds Ceiling Area Ceases of Exemption on exempted land (Explanation I A of 87(1)) Proceedings same as 85 & 86

7E

Kerala Land Reforms (Amendment) Act – 2005 Related to Deemed Tenants Section 4 to 11 Deals deemed tenants 7A – Continuous occupation for a period not less than 10 years from 35/69 Act. 7B –occupying land under leases granted by incompetent persons to be deemed tenants. 7C – Paid amount for occupation land. 7D – Occupying private forest or un-surveyed land 7E – Purchase the land not known which excess land is.  Payment of consideration  Vendor Lords land in excess.

01-01-70 to 18-10-2006 Apply to LT for title certificate. Then proceed to TLB. TLB re-opened the e-case and excluded the land from Ceiling Case.

Disclaimer : The steps rated above are only indication not exhaustive

Sabu M.S 9446311964