ലാൻഡ് ട്രിബുണലുകളുടെ ചുമതലകൾ -Role and functions of land tribunals

1. ROLE AND FUNCTIONS
OF LAND TRIBUNALS
SABU. M. S
SENIOR SUPERINTENDENT
COMMISSIONERATE OF LAND REVENUE
9446311964

2. 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

3. 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

4. LAND TRIBUNAL
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.

5. MAIN FUNCTIONS OF
LAND TRIBUNAL Then and Now
Determination of fair rent
Purchase land lord rights by cultivating tenants
Kudikidappukaran to purchase his kudikidappu
Then
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
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

6. NOW
Si
No
Function 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 7 E 7 E KLR Six Months
from the
implementa
tion of
amended
Act

7. TENANCY CEILING
18.10.2006
7 E
18.10.2006
Sec 87 & 85,86
01.01.1970
1. Tenancy
2. Kudikidappu L.T
1.Sec. 3 to 73
2. Sec. 80A to 80 G
01.01.1970
Land Ceiling ( TLB)
Sec . 81 to 98

8. 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

9. 4 Odacharthukar 11.04.1957
5 A Certain Mortgages and 50 years lasses
of mortgage back
• from 01.01.1970
5 Certain Mortgages
with Possession Cochin
6 Certain Mortgages
holding Verum Pattam Cochin
after 01.01.1111
6 A Land holding on or after,01.12.1930
6 B Certain mortgages in area to which malabar tenancy Act
6 c Certain Lessees who have made substantial improvement

10. 7 Certain Persons occupying land honestly believing to be tenants
7 A Certain Persons Occupying land not less than 10 Years
7 B Occupying Land under leses granted by incompetant Persons
7 C Certain Persons who have paid amounts for occupation
7 D Certain Persons occupying private forests or unsurvey lands
7 E From 01.01.1970 to 18.10.2006

11. 8 Cultivating Land on Varam arrangement
9 Surrendered Lease hold rights but continued in possession
9 A Certain surrender documents to be in admissible in evidence
10 Certain Persons 1. Punam or kumari 2. alicencee 3. Varamdar 4.Vechupakuthiar
11 Sambalapattamdar : Sambalachittudar etc

12. 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

13. 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

14. 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 - Form no: 23
Patta Form - Form no :26

15. 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

16. 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

17. 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
a) Permitted with or without an obligation to pay rent
b) Hut or Homestead
I to IV explanation
i. 3,5,10 cents
ii. Hut – Construction value below Rs: 750/-
Rent not exceeding Rs:5
i. Occupying 16.08.1968 continued 01.01.1970
These exceptions are important

18. 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 - Sec 80 A
Procedure - Sec 80 B
Issue Certificate - Sec 80 C
Certificate of Purchase - Form No:43
Rules - 77,78 and 79 of
Tenancy Rules

19. Process of Land Tribunals
All Powers of a Civil Court While Trying a Suit
in Respect of Following Matters
i. Summering and Enforcing the attendance
of any person and examining on Oath.
ii. Requiring the discovery and production of
any document
iii. Receiving evidence on affidavit
iv. Issuing commission for the examination of
witnesses, or Local investigation
v. Any other matter which may be prescribed
(Rules)

20. ◙ 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

21. Thank you
SABU. M. S
SENIOR SUPERINTENDENT
COMMISSIONERATE OF LAND
REVENUE
9446311964