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Kerala Land Settlement act 2021
1. Summary Note:
An effective land administration system should ideally guarantee land ownership and
secured tenure, support the land tax system, security for credit, and reduce land disputes.
Whereas in Kerala, the land records are managed by multiple government departments and hence
the land holder has to produce different documents to prove the ownership. Similarly, there are
long pending land issues/litigations that are prevalent due to various reasons. There is no
sufficient legal framework to curb and settle all of these issues which are related to the nature,
title, boundary and tenure of the land. This leads to a large number of unresolved land related
issues which causes a burden on the overall land administration system, especially after resurvey,
and on the judicial system. In order to address these crucial problems, a new Act is proposed
here to refine the existing land records of the State (single truth of land record with the
introduction of RoR). This Act and related process (Settlement, issuing of RoR) are instrumental
for the ultimate future goal i.e., Conclusive Land Titling system.
Objective of Record of Right (RoR)
â RoR is not to settle land issues but to provide a single truth about the land records
â To avoid production of multiple documents to prove the land ownership
â To showcase all kinds of abstract information about a piece of land including dispute,
court case, restrictions etc to bring more transparency.
Objective of Settlement Process
â To settle various land issues including tenurial and other that are persisting in the post
resurvey period
â To reassess land tax for different category of land parcels
Kerala Land Settlement Act 2021
An Act for settlement of land and issuing the Record of Right to land in the state of Kerala.
Preamble
2. WHEREAS it has come to the notice of the Government that there is no law for settlement of
land in the state and a high number of land issues are prevalent in the state after the process of
resurvey. In order to do settlement of land, resolve long pending issues related to land and
provide Record of Right (RoR) to every land holder of the state, this Act is enacted.
AND WHEREAS the Government is satisfied that it is expedient, in public interest, to enact a
Kerala Land Settlement Act to ensure integrity and transparency in the land records.
1. Short title and commencement â (1) This Act may be called Kerala Land
Settlement Act 2021
(2) It extends to the whole of the State of Kerala
(3) It shall come into force at once.
2. Definitions â (1) In this Act, unless the context otherwise requires,---
(i) âCollectorâ means the Chief Officer in charge of the Revenue Administration of the District
and includes any other officer whom the Government may, by notification in the Gazette,
appoint on his behalf.
(ii) "Distinct land ID" means a system generated unique identification number assigned to any
land parcel.
(iii) "District Collector" means the chief officer in charge of the revenue administration of a
district and includes an acting or officiating District Collector.
(iv) "Government land" means the property of Government as defined in section 3 of the Land
Conservancy Act 1957 (Act 18 of 1958)
(v) "Land holder" means a person who is in legal possession of a land as per any document of
title and includes a person in uninterrupted and continuous possession of land in accordance with
any right recognized by any law and his assignees and legal representatives.
3. (vi)"Land records" means recording and presentation of data related to land in the Integrated
Land Information System.
(vii) "Minor tenancy" means all the tenancies or holdings that were included under the
Kandukrishi Land Assignment Rules 1958, Service Inam (Vesting and Enfranchisement) Act
1981, Sreepadam lands enfranchisement Act 1969, Sreepandaravaka Lands (Vesting and
Enfranchisement) Act 1971 and tenancies like adima, anubhogam, kaanam, pandaravaka,
puravaka, verumpattom and such other tenancies not specifically mentioned in Kerala Land
Reforms Act, 1964.
(viii) "Notification" means notification published in the official gazette
(ix) "Prescribed" means prescribed by the rules notified by Government, under this Act
(x) "State" means State of Kerala.
(xi) "Settlement" means the process of determining the nature and classification of land in the
field as on date with reference to its nature in the existing revenue records, the fixation of the
land revenue due on such classification of land and determination of title and possession as per
the records available on date."
(xii) âSurveyâ includes all operations incidental to the determination, measurement and record of
a boundary or boundaries or any part of a boundary of any immovable property duly identified
with a district ID and includes updation of real time changes in the land.
(xiii) âTahsildarâ means the Tahsildar (Land Records) of the respective taluk.
Settlement
3. Notification for settlement.- (1) The Government or any officer or any authority authorized
by the Government in this behalf, may, by a notification in the Gazette, order the settlement of
any land or of any boundary of any land of any lands belonging to local authority or of the
boundary forming the common limit of any Government land and registered land.
4. (2) The State Government or any officer or authority authorised by the Government in this behalf
may, at any time, for reasons to be recorded in writing, is of the opinion that the settlement of
any land requires modification, it may, by notification in the Gazette, order such settlement as
provided in this Act.
(3) The notification under sub section 1 and 2 shall be published in two local newspapers having
circulation in the area, official website of the Land Revenue Department and in the notice
boards of respective Taluk, Village and Local Self Government Authority. District Collector
shall take all steps for giving wide publicity regarding the settlement in the locality and shall
organize at least two public meetings at village level, after the notification under sub section 1
or 2 and prior to seven days of starting of the settlement process.
(4) The registered holder of any land may apply to Government or to any officer or authority
authorised by the Government in this behalf for the settlement of his land on the ground for that
portion of his land which has been lost by sea erosion or action of river and there upon the
Government or such officer or authority, as the case maybe, may notify the settlement of land.
(5) A notification published under sub section 1, 2 and 4 shall be deemed to be a valid notice to
any person having any interest in the land or in the boundary of the land in which the settlement
has been ordered.
4. Declaration by any person interested in the land.- (1) After notification under sub sections
1 and 2 of section 3, every person interested in the land in the notified area shall submit to the
textual data team constituted under Section 6(2), a declaration regarding the parcel of land held
by him, in the prescribed manner.
(2) The non-submission of the declaration under sub section (1) shall not prevent the concerned
authority from proceeding with settlement notified as per section 3.
5.Power to enter upon, examine and clear obstruction on land.- The officer(s) conducting
the settlement shall, for the purposes of this Act, have power, either by himself or by other
officers or agency or servants employed, to summon witnesses and require production of
documents, to enter, between the hours of sunrise and sunset, upon any land or premises or part
thereof, and to measure any land, to clear by cutting down or removing any obstructions, the
5. boundaries or other lines the clearance of which may be necessary, without being liable to any
legal proceedings, whatsoever, on account of such entry or anything done on such land or
premises in pursuance of the provisions of this Act.
Settlement
6. Procedure for settlement â (1) The District collector or any other officer authorized by the
Commissioner of Land Revenue in this behalf may entrust any officer or a team of officers or
engage one or more agencies having such qualification as may be prescribed or a combination of
officers and agencies, for the settlement notified under Section 3.
(2) The District Collector or any other officer authorized by the Commissioner of Land Revenue
shall constitute, in every notified area under Section 3, a team of persons known as Textual Data
Team which may include officers not below the rank of Village Officer, surveyor and village
field assistant to update and prepare the textual details as prescribed, with or without the
assistance of any officer or agency.
(3) Notwithstanding anything contained in any law, Act, Rule or order for the time being in force
or in any judgment, decree or order of any court, tribunal or other Authority, while preparing the
draft RoR, the Textual Data Team shall take into account to-date ground realities, transfers,
subdivisions, partitions, hereditary devolutions, exchanges and minor tenancies, in matters of
determining right, title, tenure, nature and land use pattern of the land holdings for preparation of
the textual data and upload the same on a day to day basis in the official data base.
(4) While preparing the textual data on the basis of the to-date ground realities, the textual team
shall recommend the basic tax to be charged on such parcel of land. If there is a change in the
nature of the land based on any law, they shall record the same and recommend the basic tax to
be charged on such parcel of land.
(5) All claims and objections raised during the course of preparation of textual data shall be
settled by the textual data team.
(6) During the course of settlement, any dispute regarding the nature or title or both which the
teams cannot settle, shall be recorded by the concerned team and a detailed report shall be
forwarded to the Tahsildar.
(7) The draft textual data so prepared shall be known as draft settlement.
6. Minor Tenancies
7. Minor tenancies.- (1) Notwithstanding anything contained in any law for the time being in
force or in any judgment, decree or order of any court, Tribunal or other Authority, all the
tenants and land holders of minor tenancies are hereby declared as owners of the land with effect
from the coming into force of this Chapter.
(2) The textual data team shall record their rights as ownership rights and prepare the record
accordingly.
(3) In recording the rights under sub section (2), the textual data team shall satisfy themselves
that the tenant or land holder or his predecessor in interest has been in possession of his property
for more than thirty years before the date of commencement of this Act.
(4) All annuities or compensation due under the various minor tenancies as per the then existing
law shall continue to be payable.
(5) All the rights settled under various minor tenancies shall not be affected by this section.
(6) All pending purchase price, varam, compensation or any amount payable to Government
under minor tenancies by the tenant or land holder shall not be payable.
(7) No purchase certificate or settlement as envisaged in the relevant minor tenancy act or rule is
required in the case of minor tenancies from the date of commencement if this Act and all the
proceedings pending before settlement officers shall stand transferred to the concerned
Tahsildars and after due verification the Tahsildar shall effect mutation of the property in the
name of the land holder or the tenant, as the case may be:
8. Publication of Provisional Settlement - (1) The Tahsildar shall publish or cause to publish
the draft settlement prepared under Section 15, inviting claims and objections, in the official
portal of the Revenue Department and also in the notice boards of the concerned village, taluk,
and office of the Local Self Government authority within 10 days of receipt from the Textual
Data Team.
(2). The District Collector shall give publicity to the publication of the draft settlement
including public display at least at Village office, Taluk office for a minimum period of one
week, and published in the website of Land Revenue Department.
7. (3). Any aggrieved person shall file claims and objections, if any, within 30 days of publication
of the draft textual data under sub section 1, before the Tahsildar.
(4). The claims and objections received under sub section 3, and all reports received under
section 6(6) shall be disposed by the Tahsildar in the manner prescribed within a maximum
period of 30 days from the final date of receipt of claims and objections.
(5) After disposal of all such claims and objections, the Tahsildar, on behalf of Government,
shall notify the provisional settlement in the Gazette, official portal of the Revenue
Department and in the notice boards of concerned Village, Taluk and local Self Government
authority.
(6) Any dispute reported under section 8(4) that cannot be settled shall be reported to the District
Authority constituted under Section 16 of this Act and shall be reflected in the records prepared.
(7) The pendency of a report under sub section 6 shall not affect the publication of provisional
settlement.
9. Appeal: (1) An appeal against the provisional settlement published under Section 8(5) shall
lie before the District Authority and shall be preferred within thirty days from the date of
publication of the Provisional settlement.
(2) No appeal, after the expiry of the said period, shall be admitted unless for reasons to be
recorded in writing, the appellate authority is satisfied that the appellant had good and sufficient
cause for not preferring the appeal within such period.
(3) No appeal shall be admitted under sub-section (2) after the notification under Section 10(3)
10. Publication of final settlement â (1) The District Authority shall dispose of claims and
objections, if any, on provisional settlement within a maximum period of 30 days from the
final date of receipt of appeal.
(2) The records thus prepared after clearing all the claims and objections in appeal shall be
called the final settlement.
8. (3) The District Authority, on behalf of Government, shall duly notify the settlement in the
Government gazette.
(4) Any dispute regarding boundary or title or both reported under Section 8(6) that cannot
be settled by the District Authority shall be referred to the Tribunal and shall be reflected in the
digital records prepared.
(5) The pendency of decision on a report submitted by Tahsildar under Section 8(6) or an
appeal under Section 9(1) or a reference under sub section (4) shall not affect the publication
of final settlement.
(6) Any person interested in the land parcel may apply to the Tahsildar for getting a copy of the
final settlement on payment of the prescribed fee.
11. Application by individual for settlement- (1) Any landowner who is interested in
settlement of his land, in the absence of a survey and settlement, or settlement notified
under Section 3(1) or 3(2) of this Act, may prefer an application, as prescribed, before the
concerned Tahsildar.
(2) On receipt of the application, the Tahsildar may cause the application to be enquired
into through the concerned Village Officer or Village Officers as the case may be.
(3) The Village Officer shall follow the procedures as per Section 3 and submit the draft textual
data to the Tahsildar.
(4) The Tahsildar shall publish the provisional settlement following the procedure as per the
section 8
(5) An appeal against the provisional settlement shall lie to the District Authority.
(6) The District Authority may dispose of claims and objections, if any, and the provisions of
Section 9 and 10 of this Act shall be applicable.
9. 12. Revision - (1) The Commissioner of Land Revenue shall be the State Settlement Officer
(2) The State Settlement Officer may, at any time, on its own motion, or within thirty
days from the date of the order of the Appellate Authority on the application of
any person, call for and examine the record of any proceeding pending before or
disposed of by the Appellate Authority and may pass such orders as it deems fit.
(3) The state Settlement Officer may condone the delay in filing a revision on sufficient grounds
and on such terms and conditions as deemed fit and proper.
(4) The decision of the State Settlement Officer shall be final.
Record of Right (RoR)
13. Preparation of draft RoR. (1) The District Collector or any other officer authorized by the
Commissioner of Land Revenue shall constitute a team of persons known as RoR Team which
may include an officer not below the rank of Village Officer to prepare the textual details as well
as map of land and any other details as prescribed to be included in the RoR, with or without the
assistance of any officer or agency.
(2) A Record of Right shall be prepared in the prescribed manner and such record shall include
the following particulars.
(a) Name of the title holder, occupants, owners, mortgagees, landlords and tenants of the land or
assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interest of such as persons and the conditions or
liabilities (if any) attaching thereto;
(c) the tax/government dues payable by or to any such persons;
(d) such other particulars as may be prescribed
10. (3) During the course of preparation of RoR, any dispute regarding the nature, title or boundary
which comes to the knowledge of the RoR team, shall be recorded by the concerned team and a
detailed report shall be forwarded to the Tahsildar along with the draft RoR.
(4) The District Collector shall constitute a team or teams of persons known, as Government
Land Bank Team including an officer not below the rank of a Deputy Tahsildar and such other
officers or agencies or combination of both are prepared for verification of the details of
Government land included in the draft RoR.
(5) The Government Land Bank Team shall verify the details of Government land, including, but
not limited to boundaries and extent.
(6) The Tahsildar shall examine any variations, modifications or mismatch of the data collected
by the RoR team and the Survey Records published under Section 13 of Survey and Boundaries
Act, 1961 and the Government Land Bank Team before the publication of the draft RoR.
14. Publication of provisional RoR:- (1) The Tahsildar shall publish or cause to publish the
draft RoR prepared under Section 13, inviting claims and objections, in the official portal of
Revenue Department and in the notice boards of the concerned village, taluk, and Local authority
at the lowest level, within 10 days of receipt from the RoR team.
(2) The District Collector shall take steps to give wide publicity to the publication of the draft
RoR and shall organize public displays at village level in at least two localities.
(3) Any interested party or the Government Land Bank Team shall file claims and objections on
the data in the draft RoR published, if any, within 30 days of publication of the draft RoR under
sub section 1, before the Tahsildar.
(4) The claims and objections received under sub section 3, and all reports received under
section 13(3) shall be disposed of by the Tahsildar within a maximum period of 30 days from the
final date of receipt of claims and objections.
(5) After disposal of claims and objections and after verifying Government lands, the Tahsildar,
on behalf of Government, shall notify the provisional RoR in the Gazette, official portal of
11. Revenue Department and in the notice boards of concerned Village, Taluk and Local Self
Government authority immediately.
(6) Any dispute reported under section 13(3) and sub section 3 that cannot be settled shall be
reported to the District Authority and shall be reflected in the digital records prepared.
(7) The pendency of a report under sub section (6) shall not affect the publication of provisional
RoR.
15. Appeal to the District authority- (1) An appeal against the provisional RoR published
under Section 14(1) shall lie to the District Authority and such appeal may be preferred within
thirty days from the publication of the provisional RoR,
(2) No appeal after the expiry of the said period shall be admitted, unless for reasons to be
recorded in writing, the appellate authority is satisfied that the appellant had good and sufficient
cause for not preferring the appeal within such period.
(3) No appeal shall be admitted under sub-section (2) after the notification under Section 17(3).
16. District authority - (1) There shall be a District Authority for hearing the appeals against the
provisional RoR and also for deciding the reported disputes under Section 14(6) Section 8(5),
Section 9(1) and Section 11(5)
(2) The District Authority shall consist of following three members nominated by the District
Collector:
(i) a Deputy Collector of the Revenue Department - Chairman and
(ii) a Survey Superintendent - member.
(iii) a Sub Collector / RDO designated by the District collector
17. Publication of final RoR - (1) The District Authority shall dispose of appeals on the
provisional RoR and the reports under section 14(6), if any, within a maximum period of 30 days
from the final date of receipt of appeal.
12. (2) The records thus prepared after clearing claims and objections in appeal shall be called the
final RoR,
(3) The District Authority, on behalf of Government, shall duly notify the final RoR.
(4) Any dispute that cannot be settled shall be referred to the Tribunal and shall be reflected in
the digital records/manual prepared.
(5) The pendency of an appeal under Section 15(1) or a reference under sub section (4) shall not
affect the publication of final RoR.
(6) Any person interested in the land parcel may apply to the Tahsildar for getting a copy of the
final RoR, in the manner prescribed, on payment of the prescribed fee.
18. Maintenance of record - (1) All records prepared after settlement shall be in digital form
and deposited with the State repository for safe custody and maintained by Commissioner of
Land Revenue.
(2) Five hard copies of the above registers shall be prepared and maintained in the record rooms
of district collectorate, taluk, village office and the State repository and Central Survey Office in
the manner prescribed. All other documents including connected files and papers which were
part of settlement shall be kept in the Taluk record room.
(3) The Tahsildar shall cause entries in registers to be revised, corrected and updated subsequent
to the changes in title or classification or any other, provided that such changes shall be made
supplementary to the original records in the manner prescribed and the records prepared after
settlement shall be maintained as original records:
(4) The original digital records will be prepared in a manner where the history of all transactions
relating to land can be traced.
(5) All changes recorded in the supplementary records shall be frozen for every 10 years and the
textual and spatial records during these 10 years shall be kept in safe custody in the district and
state repositories and Central Survey Office.
13. 19. Presumption as to entries in registers - All entries made in the registers and digital records
prepared under this Act shall be presumed to be correct and conclusive unless the contrary is
proved.
DISPUTE RESOLUTION
Tribunal
20. Constitution of Tribunal.- (1) The State Government shall, by notification in the gazette,
establish the Kerala Land Revenue Tribunal to exercise the jurisdiction, powers and authority
conferred under this Act.
(2) Composition of the Tribunal.- (1) The Tribunal shall consist of a Chairperson and such other
number of judicial and administrative members as the Government may deem fit.
21.Qualification of the Chairperson and members of the Tribunal.- (1) The Chairperson of
the Tribunal shall be a person
i. who is or has been a judge of a High court or
ii. who is a Selection Grade District Judge for a period of not less than 3 years or
iii. who is or has held the post of the member of the Kerala Land Revenue Tribunal for a
period of not less than 3 years.
(2) A person shall not be qualified for appointment as an administrative member unless he is or
has been a member of the Indian Administrative Service and is holding or has held the post of
Secretary to Government of Kerala
(3) A person shall not be qualified for appointment as a judicial member unless
i. he is a District Judge or
ii. has held the post of District Judge for a period of not less than 5 years.
(4). Any vacancy in the office of a member shall be filled by the Government.
14. 22. Appointment.- (1) No appointment to the post of Chairperson of the Tribunal shall be done
by the State Government except after consultation with the Chief Justice of the High Court.
(2) Every appointment of the member shall be made by the State Government on the
recommendation of a Selection Committee consisting of the following members:
i. Chairperson of the Kerala Land Revenue Tribunal- Chairperson
ii. Revenue Secretary of the State - Member Convener
iii. Commissioner of Land Revenue- Member.
Provided that where the Chairperson of the Kerala Land Revenue Tribunal, by reason of absence
or otherwise, is unable to act as Chairperson of the Selection Committee, the State Government
may refer the matter to the Chief Justice of the High Court to nominate a sitting Judge of the
High Court as Chairperson of the Selection Committee.
23. Removal or resignation of the Chairperson or any member.- (1) The Chairperson or any
other Member shall not be removed from his office except by an order made by the Governor on
the ground of proven misbehavior or incapacity after an inquiry made by a Judge of the High
Court in which such Chairman or other Member had been informed of the charges against him
and been given a reasonable opportunity of being heard in respect of those charges.
(2) The Chair person or any other member may, by notice in writing under his hand addressed to
Government, resign his office.
(3) The Chairperson or other member shall, unless he is permitted by the Government to
relinquish his office sooner, continue to hold office until the expiry of three months from the date
of receipt of such notice or until a person duly appointed as his successor enters upon his office
or until the expiry of his term of office, whichever is earlier.
24. Headquarters.- (1) The headquarters of the Tribunal shall be at Trivandrum or at such place
as may be decided by Government.
(2). The Tribunal shall ordinarily sit at headquarters, Ernakulam and Kozhikode or any other
place convenient for the transaction of its business in the State of Kerala.
15. 25. Jurisdiction and sitting of the Tribunal.- (1) Subject to the provisions of this Act, the
jurisdiction, powers and authority of the Tribunal may be exercised by the benches thereof.
(2) (a) A bench may be constituted with the Chairperson of the Tribunal- and one or more
members, or with two or more members, as the Chairperson may deem fit.
(b) Where the office of the Chairperson is vacant, the senior most member of the Tribunal
shall act as the Chairperson.
For the purpose of this subsection, the senior most member shall be decided from the order in
which the members have been appointed.
(3) If the members of a bench differ in opinion on any point or points, such point or points may
be decided according to the opinion of the majority, if there is majority, but if the members are
equally divided, they shall state the point or points on which they differ and shall make a
reference to the Chairperson who shall either hear the point or points himself if he is not a
member of that bench, or refer the case for hearing on such point or points by one or more of the
other members and such point or points shall be decided according to the opinion of the majority
of the members, including those who first heard it.
(4) Any member who has previously dealt with any case coming up before the Tribunal in any
other capacity or is personally interested in any case coming before the Tribunal shall be
disqualified to hear that case.
(5) Where any case is heard by a Bench consisting of two members and the members are divided
in their opinion on any point and the other member or members of the Tribunal are disqualified
under sub section (4) to hear the case, the State Government may nominate a person qualified to
be appointed as a member of the Tribunal as an additional member of the Tribunal and the point
shall be decided in accordance with the opinion of the majority of the members of the Tribunal
who have heard the case, including those who first heard it.
(6) The additional member nominated under sub section (5) shall cease to hold office on the
disposal of the case for which he was nominated.
16. 26. Term of office of the Chairperson and members of Tribunal.- (1) The Chairperson and
members shall hold office as such for a term of five years from the date on which they enter
upon office, extendable by one more term of five years:
Provided that no Chairperson or member shall hold office as such after he has attained the age
of sixty seven years.
(2) The conditions of service of Chairperson shall be the same as applicable to the Judge of the
High Court of Kerala and that of a member shall be as applicable to the Chief Secretary of the
State.
27. Appointment of Registrar and qualification.- (I) There shall be a Registrar and Deputy
Registrar to the Tribunal.
(2) A person shall not be qualified for appointment as Registrar unless he is a Senior Grade
Deputy Collector.
(3) A person shall not be qualified for appointment as Deputy Registrar unless he is Deputy
Collector.
28. Structure, Salaries and allowances.- (1) The State Government shall make available to the
Kerala Land Revenue Tribunal such administrative and technical staff as requested by the
Tribunal for its proper functioning.
(2) The State Government shall provide for salary of the Chairperson and other members;
Registrar, support staff and other administrative expenses required for proper functioning of the
Tribunal.
(3) The other terms and conditions of service (including pension, gratuity and other retirement
benefits) of the Chairman and other members shall be such as may be prescribed by the
Government:
(4) The salary, allowances and other terms and conditions of service of the Chairman or other
Member shall not be varied to his disadvantage after his appointment.
17. (5) Where a serving Government officer is appointed as a Member, he shall be deemed to have
retired from the service to which he belonged on the date on which he assumed the charge of the
Member but his subsequent service as Member shall, at his option, be reckoned as a post-
retirement re-employment counting for pension and other retirement benefits in the service to
which he belonged.
29. Procedure and powers of the Tribunal.- (1) The Tribunal shall not be bound by the
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the
principles of natural justice and subject to the other provisions of this Act and of any rules made
by the Government, the Tribunal shall have power to regulate its own procedure including the
fixing of places and times of its inquiry and deciding whether to sit in public or in private. The
Regulation so made shall be published in the Gazette.
(2) The Tribunal may decide cases within 6 months from the date of filing or within such
extended period of time as decided by the Tribunal, on specific reasons recorded in writing.
(3) A Tribunal shall have, for the purposes of discharging its functions under this Act, the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while
trying a suit, in respect of the following matters, namely :
a. summoning and enforcing the attendance of any person and examining him on oath;
b. requiring the discovery and production of documents;
c. receiving evidence of affidavits;
d. subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of
1872) requisitioning any public record or document or copy of such record or document
from any office;
e. issuing commissions for the examination of witnesses or documents;
f. reviewing its decisions;
g. dismissing any reference application, appeal or any other proceedings for default or
deciding it ex- parte;
h. setting aside any order of dismissal of any reference application, appeal setting aside any
order of dismissal of any reference application, appeal or any other proceedings for
18. default or any order passed by it ex-parte; or any other proceedings for default or any
order passed by it ex-parte;
i. Execution of its orders; and
j. any other matter which may be prescribed by the Government.
(4) The Tribunal shall be deemed to be a Civil Court for all purposes of Sections 195, 480 and
482 of the Code of Criminal Procedure 1973 and its proceedings shall be deemed to be a judicial
proceeding within the meaning of Sections 193, 219 and 228 of Indian Penal Code.
(5) The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect
of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions
of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to the modifications
that the reference therein to a High Court shall be constructed as including a reference to such
Tribunal;
(6) The Tribunal may require any Tahsildar or any other officer of the Government to carry out,
or permit to be carried out, such survey and investigation as may be considered necessary for the
adjudication of any dispute pending before it.
(7) The Tribunal may also take the assistance of experts in any field including any agency for
adjudication of any dispute pending before it.
(8) The decision of the Tribunal may contain directions regarding the costs and expenses of the
Tribunal and may fix the same. The amount of any expenses or costs so fixed may be recovered
from the parties of proceedings as per the provisions of the Kerala Revenue Recovery Act 1968
(Act 15 of 1968) as if it was revenue due on land and also enforceable as if it was an order made
by a Civil Court.
30. Penalties.- (1) Any person who has submitted any false claim or document for claiming any
right, title or interest in a property or ROR on settlement shall be punishable with imprisonment
for a term which shall not be less than six months but which may extend to seven years, or with
19. fine which shall not be less than ten thousand rupees but which may extend to Five Lath rupees,
or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure 1973, the Tribunal
shall have the power of a Judicial Magistrate of the first class for the trial of offences under this
Act and it can take cognizance of offences under Sections 193, 219 and 228 of Indian Penal
Code in any proceedings before it.
(3) An appeal on an order under subsection (2), both on facts and on law, shall lie from the
Tribunal to the High Court.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date
of an order of the Tribunal provided that the High Court may, entertain an appeal after the expiry
of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the period of thirty days.
31. Right of applicant to take assistance of legal practitioner and of Government to appoint
presenting officers.- (1) A person making an application to a Tribunal under this Act may either
appear in person or take the assistance of a legal practitioner of his choice to present his case
before the Tribunal.
(2) The Government may authorize one or more legal practitioners or any of its officers to act as
presenting officers and every person so authorized by it may present its case with respect to any
application before the Tribunal.
32. Power of Chairman to transfer cases from one Bench to another.- On the application of
any of the parties and after notice to the parties, and after hearing such of them as he may desire
to be heard, or on his own motion without such notice, the Chairman may transfer any case
pending before one Bench, for disposal, to any other Bench.
33. Conditions as to making of interim orders.- (1) Notwithstanding anything contained in any
other provisions of this Act or in any other law for the time being in force, no interim order
20. (whether by way of injunction or stay in any other manner) shall be made on, or in any
proceedings relating to, an application unless
a. copies of such application and of all documents in support of the plea for such interim
order are furnished to the party against whom such application is made or proposed to be
made; and
b. opportunity is given to such parties to be heard in the matter.
Provided that a Tribunal may dispense with the requirement of clauses (a) and (b) and make an
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing,
that it is necessary so to do for preventing any loss being caused to the applicant which cannot be
adequately Compensated in money but any such interim order shall, if it is not sooner vacated,
cease to have effect on the expiry of a period of fourteen days from the date on which it is made
unless the said requirements have been complied with before the expiry of that period and the
Tribunal has continued the operation of the interim order.
34. Members and staff of the Tribunal to be public servants.- (1) The chairman and other
Members and the officers and other employees of the Tribunal shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
35. Intimation of decision of Tribunal.-(1) The decision of the Tribunal shall be final and
binding on the parties to the dispute and shall be given effect to by them.
(2) The decision of the Tribunal under sub-section (1) shall have the same force as an order or
decree of the Civil Court.
(3) Any change in revenue records based on the decision under sub section (1) shall be made by
the Tahsildar within 30 days from the date of receipt of such order.
36. Dissolution of Tribunal.-The State Government may dissolve the Tribunal after it has
disposed of all matters pending before it. In such cases, the powers of the Land Revenue
Tribunal shall vest with 'the Commissioner of Land Revenue.
21. Proposed amendment Transfer of Registry Rules, 1966
Objective
As we are moving towards digital re-survey and up to date maintenance of land records, it is
absolutely necessary to ensure that the spatial land records are kept up to date with the textual
land records. Any changes in the boundaries or extent of land parcels in the ground should be
updated in the survey records as well. The concept of pre-mutation sketch is introduced to
ensure that all changes which are effected on the land are reflected in the related spatial
records as well. Also this ensures that the buyer and seller know clearly the boundaries and
area of land being transacted.
Currently,the transfer of registry of land transfers which involve sub-division are done in the
Taluk Offices. This causes delays in effecting the transfer of registry and is identified as one of
the issues which hamper the ease of doing business.
This amendment aims at introducing pre-mutation sketch for villages where digital resurvey is
completed and maps updated in eMaps (system owned by DSLR for maintaining the spatial
data) and authorize the Village Officers to approve transfer of registry involving sub-division.
Changes
Addition
Rule 1B. The term pre-mutation sketch indicates the survey map showing boundaries,
measurements, geo-coordinates and extent of the property being transferred, either as whole or
sub-divided, prepared online in eMaps application, by a licensed surveyor as defined under
section 17B of Surveys and Boundaries (Amendment)Act,1994(2) or a surveyor from the
Department of Survey and Land Records or a surveyor prescribed by the Government
Rule 1C. The term notified villages indicate the villages where pre-mutation sketch is
mandatory for registration, as notified by the Government.
Rule 3(a)(i) Add âThe application shall contain the pre-mutation sketch for notified villages.â
after the last line.
22. Amendment
Rule 3(a)(viii) âŚby the Registering Officer âalong with the pre-mutation sketch for notified
villagesâ to the Village Officer concernedâŚ.
Rule 3(b)(ii) âŚshall be prepared in the Registry Office âalong with pre-mutation sketch for
notified villagesâ and forwarded toâŚ
Rule4.It is open to any party desiring transfer of registry in cases without subdivision in non
notified villages or including the transfers arising out of succession which is uncontested, to
apply in writing in Form 1A to the Village Officer with attested copies of the relevant
documents and pre-mutation sketch for notified villages. All other applications for transfer of
registry shall be submitted in writing in form 1A to the Tahsildar with the attested copies of
relevant documents and pre-mutation sketch for notified villages.
Amendment
Rule 7 Applications received by the Village Officer under Rule 4 shall be enquired into
through the Village Assistant. The Village Assistant shall submit his report to the Village
Officer with the required details as specified in sub â clause (ii) and (iii) under Clause 2 of
Rule 7. The Village Officer shall approve the pre â mutation sketch with or without
modifications, when the Transfer of Registry is effected for notified villages. Verification of
measurements/ coordinates on the ground should be done by the surveyor in charge of the
Village,before approval, for cases involving sub â division in notified villages.
Rule 7(1) The Village Officer shall prepare a statement in Form A,â along with the pre-
mutation sketch for notified villages,â and forward to the concerned Tahsildar within 15 days
of the receipt of application.
Rule 7(2)(iv) When the case regarding transfer of registry involves sub division of the
property âin a village not notified â ,an entry to that effect shall be made in the column
provided
Rule 9 (c) Cases involving sub- divisions in non notified villages
Addition
Rule 7(1)(iv)(A) When the case regarding transfer of Registry involves sub-division of the
property for notified villages, the Tahsildar will approve the pre-mutation sketch when the
23. transfer of registry is effected. Verification of measurements on the ground should be done by
the Taluk Surveyor before approval, for cases involving sub-division in notified villages.
Amendment
Rule 12: The cases which involve sub-division of plots âin the villages which are not notifiedâ
may be of the following types.
Rule 12(1)(4): On receipt of the file from the Taluk Surveyor, and after making necessary
enquiries, the
âTahsildar/Village Officerâ may accept or reject the proposalsâŚ.
Change âCopies of provisional order shall be communicated to theâŚ.Taluk Officeâ to âThe
provisional order shall be communicated to the Tahsildar, Village Officer, and the parties
concerned.â
On receiving it back from scrutiny, the final orders shall be passed by the âTahsildar/Village
Officerâ as the case may be.
Rule 28 (1) â The Revenue Officer will cause the pre-mutation sketch to be created, after due
enquiry, when cases under Rule 28 are initiated by their own motion.
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