02/11/2016 1
Welcome
02/11/2016 2
THE KLR ACT, 1963
(ACT 1/1964)
KLR Act 1963 (Act 1 of 1964) is a landmark
in the history of Land Reforms in the state.
It is the relationship between
i. the land owner and the kudikidappukaran,
ii. the land owner and the cultivating tenant,
iii. the land lord and the cultivating tenant.
02/11/2016 3
Sub section (3) of section 1 of this Act could
indicate that provision of this Act, shall come
into force, on such date as may be notified in the
Gazatte.
Therefore, for the purpose of disposal of certain
matters coming under this Act (KLR Act, 1963)it
is necessary to note that
*sections 2 to 71
*sections 73 to 82
*section 84
*sections 99 to 108 and
*sections 110 to 132
*section 1
*section 72
*section 83
*section 85 to 98
*section 109
02/11/2016 4
Came into
force on
1.04.1964
Came into
force on
1.01.1970
In this Act there is 132 sections and 1007 sub
sections
KLR Act 1963 was introduced in the state
envisaging the following objectives
i. Granting of ownership right to the
kudikidappukars
ii. The abolition of intermediary rights on the
lands and conferment of ownership right on
cultivating tenants
iii. Fixation of ceiling area on family holdings
and distribution of surplus land to the
landless agricultural labourers
02/11/2016 5
This act is very good and beautiful piece of
legislation.
The act being a welfare legislation
02/11/2016 6
02/11/2016 7
02/11/2016 8
02/11/2016 9
02/11/2016 10
1. Lands owned by state/other states in
India/Govt. of India/Local Authority
[NB:Exemptions shall not apply to lands
owned by Govt. held by a person under lease]
2. Lands under management of the court of wards
3. Lands comprised in mills,factories or
workshops and which are necessary for the
use of such mills,factories or workshops
4. Private forests
5. Plantations02/11/2016 11
6. Lands mortgaged to the Govt/Co-op society/KFC/Kerala
Ind.Dev C orporation/SSI as security for loan
7. Lands purchased by kerala Co-op central bank or Primary
Mortgage Bank/KFC
8. House sites,wells,tanks and structures necessary for the
convenient enjoyment of the dwelling houses
9. Sites of temples,churches,mosques,cemeteries,burial and
burning grounds
10. Sites of buildings including warehouses
11. Commercial sites
12. Lands occupied by educational institutions including play
grounds
13. Lands vested in the Boodan Yagna Committee
14. Lands owned by University/religious,charitable or
educational istitutions of public nature
15. Public Trusts
16. Lands granted to defence personnel for gallantry
02/11/2016 12
a. IDENTIFYING THE EXCESS LAND
HOLDERS: WAYS AND MEANS
No person to hold land in excess of the ceiling
area w.e.f. 1.1.1970 (sec 83)
Ceiling area (S.82)
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Standard Acre Ordinary Acre
One member 5 6 - 7.50
2 to 5 members 10 12 - 15
More than 5
members
10+1 standard acre
for each member
12 - 20
Company/ Firm/
Institution
10 12-15
Standard Acre & Ordinary Acre
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02/11/2016 15
Certain voluntary transfer to be null and void
( S. 84) [After publication of the bill 1963]
i. By way of partition
ii. Infavour of a tenant – [possession before
27.7.1960 and continued]
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b. BOOKING OF THE NEW CASES OF EXCESS
LAND [S. 87]
Any person hold or owned excess land shall file a
statement before the TLB[S 87(1 A)].
A person owns or holds land in excess of the
ceiling area shall be surrendered [S. 87(1)].
Enquiry conducts through A O.
Statement shall be filed either (Rule 7).
i. By presenting it in person or by his recognised
agent or by a pleader appearing for him
ii. By sending it by registered post.
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Verification of the statement through the
Tahsildar or any other officer authorised.
The tahsildar or the officer authorised shall
send the report to the TLB.
The TLB has discreation to deal with and differ
from or discard the report of the AO
TLB can initiate Suo Motu proceedings with
prior intimation/ permission from the LB
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c. SERVING OF NOTICE TO FILE DRAFT
STATEMENT
Preperation of draft statement [Rule 10].
Individual notice in Form No.3 [Rule 12(1)].
Public Notice in Form No.4 [Rule 12(3)]
Draft publication shall be published on the
i. Notice board of the office
ii. Notice board in the collectrate
iii. Notice board in Taluk office
iv. Notice board in Village office02/11/2016 19
TLB shall have all the powers of a civil court
while trying a suit under CPC, 1908 in respect.
i. Summoning and enforcing the attendence of
any person and examining him in oath
ii. Requiring the discovery and production of
document
iii. Receiving evidence on affidavit
iv. Any other matter which may be prescribed
After enquiry, evidence and hearing TLB will
take a decision
02/11/2016 20
d. OFFICE PROCEDURES WHILE FILING CASE
[RULE 13]
Issue notices.
Call for objections if any.
Oral and documentary evidence.
Hearing.
Verification and ascertain or investigation.
Determine the extent and identify the land to be
surrendered.
Issue order.
Extract of order u/s 85(5)c [Form No. 5]02/11/2016 21
Duties and Powers of A O [Sec.105]
• A O empowered to obtain information from
person.
• Any person fails to furnish the information,
the A O obtain the necessary information
either by himself or through any agency
• Details to be gathered {Rule 138}
a) Total Ext. of land
b) No. of the members of the family
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and other particulars as may be prescribed
c) classification of land
d) Improvements on the land
Manner of obtaing Informations {Rule 139}
a)By making enquiry himself or his agent
b) By local inspection
c)By reference to any Govt.
d)Such other manner as the A O may deem fit02/11/2016 23
Manner of Verification {Rule 140}
i) A O shall fix the date and issue a notice
to the person concerned
ii) while serving the notice, a copy of the
statement containing the information shall
also be furnished
iii)A O may also examine such other person or
admit such other
document to verify the correctness of the
information
02/11/2016 24
Procedure to be followed provisions under C P C 1908
* Issue and service of summons
*The examination of parties and witnesses
*The production of documents
*The amendment of pleadings
*The Addition of parties
*The reviewing of orders passed on the ground of
apparent error
*Local Inspection
*The passing of orders02/11/2016 25
e. APPLICATION TO SET ASIDE THE ORDER
[S. 85(8) & RULE 14]
Application to be filed in Form No. 6.
TLB finalise the application after enquiry
investigations and verification.
TLB shall not reject an application without
giving the applicant a reasonable opportunity of
being heard.
02/11/2016 26
f. RE-DETERMINATION OF EXTENT AND
IDENTITY OF LAND [RULE 15]
When an order is set aside, the TLB to proceed to
determine, without recourse to the preparation of
a fresh draft statement, the extent and identity of
the land to be surrendered after issue of notice in
Form No. 7 to the persons concerned
02/11/2016 27
g. VESTING OF EXCESS LAND IN GOVT.
[S. 86 & RULE 17 TO 24]
Demand for surrender (Rule 17)
* Demand notice to the person bound to make the surrender in Notice
No. 9
Authorisation to take possession or assume
ownership in Form No. 10.
Manner of surrender and taking possession and
assumption of ownership.
i. The person bound to surrender shall contact the officer
concerned
ii. The person making the surrender shall sign a declaration in
Form No. 11 duly attested by such officer and two witnesses02/11/2016 28
h. MANNER OF TAKING POSSESSION OR
ASSUMING OWNERSHIP WHERE NO
SURRENDER IS MADE
Assume ownership of such land and record the
fact of such taking possession, in a certificate in
Form No.12 duly attested by two witness
preferably neighbours
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i. MAHAZAR AND SKETCH TO BE
PREPARED
Prepare a Mahazar of such land containing a
correct description of the land and improvements
thereon and the name of the kudikidappukars if
any with classification of the land.
Prepare sketch
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j. TAHSILDAR TO COUNTERSIGN
The certificate, mahazar and sketch countersign
by the Tahsildar after verification
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c. MODEL OF THE PROCEEDINGS OF THE TLB
NO ……………..
PRESENT 1…………. (chairman)
2…………. (member)
3…………. (member)
Sub : ………………………
Read: ………………………
Name of declarant
1.
2.
3.
Interested parties
1.
2.
3.
02/11/2016 32
A brief description of the case
Appearance of the parties and filing objections and
documents if any ( Exhibits marking from the
declarants side)
AO’s enquiry report and documents and exhibits
marking
Family members and their status
Details of land owned by the declarant
Sl. No. village sy. No. Extent classification
Details of land eligible for exemption under sec. 81
Sl. No. village sy. No. Extent classification Remarks
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Sl. No. Village Sy. No. Extent Classification
SA OA
Sl. No. Village Sy. No. Extent Classification Remarks
SA OA
02/11/2016 34

കേരള ഭൂ പരിഷ്കരണ നിയമം 1963 -Ppt present

  • 1.
  • 2.
    02/11/2016 2 THE KLRACT, 1963 (ACT 1/1964)
  • 3.
    KLR Act 1963(Act 1 of 1964) is a landmark in the history of Land Reforms in the state. It is the relationship between i. the land owner and the kudikidappukaran, ii. the land owner and the cultivating tenant, iii. the land lord and the cultivating tenant. 02/11/2016 3
  • 4.
    Sub section (3)of section 1 of this Act could indicate that provision of this Act, shall come into force, on such date as may be notified in the Gazatte. Therefore, for the purpose of disposal of certain matters coming under this Act (KLR Act, 1963)it is necessary to note that *sections 2 to 71 *sections 73 to 82 *section 84 *sections 99 to 108 and *sections 110 to 132 *section 1 *section 72 *section 83 *section 85 to 98 *section 109 02/11/2016 4 Came into force on 1.04.1964 Came into force on 1.01.1970
  • 5.
    In this Actthere is 132 sections and 1007 sub sections KLR Act 1963 was introduced in the state envisaging the following objectives i. Granting of ownership right to the kudikidappukars ii. The abolition of intermediary rights on the lands and conferment of ownership right on cultivating tenants iii. Fixation of ceiling area on family holdings and distribution of surplus land to the landless agricultural labourers 02/11/2016 5
  • 6.
    This act isvery good and beautiful piece of legislation. The act being a welfare legislation 02/11/2016 6
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
    1. Lands ownedby state/other states in India/Govt. of India/Local Authority [NB:Exemptions shall not apply to lands owned by Govt. held by a person under lease] 2. Lands under management of the court of wards 3. Lands comprised in mills,factories or workshops and which are necessary for the use of such mills,factories or workshops 4. Private forests 5. Plantations02/11/2016 11
  • 12.
    6. Lands mortgagedto the Govt/Co-op society/KFC/Kerala Ind.Dev C orporation/SSI as security for loan 7. Lands purchased by kerala Co-op central bank or Primary Mortgage Bank/KFC 8. House sites,wells,tanks and structures necessary for the convenient enjoyment of the dwelling houses 9. Sites of temples,churches,mosques,cemeteries,burial and burning grounds 10. Sites of buildings including warehouses 11. Commercial sites 12. Lands occupied by educational institutions including play grounds 13. Lands vested in the Boodan Yagna Committee 14. Lands owned by University/religious,charitable or educational istitutions of public nature 15. Public Trusts 16. Lands granted to defence personnel for gallantry 02/11/2016 12
  • 13.
    a. IDENTIFYING THEEXCESS LAND HOLDERS: WAYS AND MEANS No person to hold land in excess of the ceiling area w.e.f. 1.1.1970 (sec 83) Ceiling area (S.82) 02/11/2016 13 Standard Acre Ordinary Acre One member 5 6 - 7.50 2 to 5 members 10 12 - 15 More than 5 members 10+1 standard acre for each member 12 - 20 Company/ Firm/ Institution 10 12-15
  • 14.
    Standard Acre &Ordinary Acre 02/11/2016 14
  • 15.
  • 16.
    Certain voluntary transferto be null and void ( S. 84) [After publication of the bill 1963] i. By way of partition ii. Infavour of a tenant – [possession before 27.7.1960 and continued] 02/11/2016 16
  • 17.
    b. BOOKING OFTHE NEW CASES OF EXCESS LAND [S. 87] Any person hold or owned excess land shall file a statement before the TLB[S 87(1 A)]. A person owns or holds land in excess of the ceiling area shall be surrendered [S. 87(1)]. Enquiry conducts through A O. Statement shall be filed either (Rule 7). i. By presenting it in person or by his recognised agent or by a pleader appearing for him ii. By sending it by registered post. 02/11/2016 17
  • 18.
    Verification of thestatement through the Tahsildar or any other officer authorised. The tahsildar or the officer authorised shall send the report to the TLB. The TLB has discreation to deal with and differ from or discard the report of the AO TLB can initiate Suo Motu proceedings with prior intimation/ permission from the LB 02/11/2016 18
  • 19.
    c. SERVING OFNOTICE TO FILE DRAFT STATEMENT Preperation of draft statement [Rule 10]. Individual notice in Form No.3 [Rule 12(1)]. Public Notice in Form No.4 [Rule 12(3)] Draft publication shall be published on the i. Notice board of the office ii. Notice board in the collectrate iii. Notice board in Taluk office iv. Notice board in Village office02/11/2016 19
  • 20.
    TLB shall haveall the powers of a civil court while trying a suit under CPC, 1908 in respect. i. Summoning and enforcing the attendence of any person and examining him in oath ii. Requiring the discovery and production of document iii. Receiving evidence on affidavit iv. Any other matter which may be prescribed After enquiry, evidence and hearing TLB will take a decision 02/11/2016 20
  • 21.
    d. OFFICE PROCEDURESWHILE FILING CASE [RULE 13] Issue notices. Call for objections if any. Oral and documentary evidence. Hearing. Verification and ascertain or investigation. Determine the extent and identify the land to be surrendered. Issue order. Extract of order u/s 85(5)c [Form No. 5]02/11/2016 21
  • 22.
    Duties and Powersof A O [Sec.105] • A O empowered to obtain information from person. • Any person fails to furnish the information, the A O obtain the necessary information either by himself or through any agency • Details to be gathered {Rule 138} a) Total Ext. of land b) No. of the members of the family 02/11/2016 22
  • 23.
    and other particularsas may be prescribed c) classification of land d) Improvements on the land Manner of obtaing Informations {Rule 139} a)By making enquiry himself or his agent b) By local inspection c)By reference to any Govt. d)Such other manner as the A O may deem fit02/11/2016 23
  • 24.
    Manner of Verification{Rule 140} i) A O shall fix the date and issue a notice to the person concerned ii) while serving the notice, a copy of the statement containing the information shall also be furnished iii)A O may also examine such other person or admit such other document to verify the correctness of the information 02/11/2016 24
  • 25.
    Procedure to befollowed provisions under C P C 1908 * Issue and service of summons *The examination of parties and witnesses *The production of documents *The amendment of pleadings *The Addition of parties *The reviewing of orders passed on the ground of apparent error *Local Inspection *The passing of orders02/11/2016 25
  • 26.
    e. APPLICATION TOSET ASIDE THE ORDER [S. 85(8) & RULE 14] Application to be filed in Form No. 6. TLB finalise the application after enquiry investigations and verification. TLB shall not reject an application without giving the applicant a reasonable opportunity of being heard. 02/11/2016 26
  • 27.
    f. RE-DETERMINATION OFEXTENT AND IDENTITY OF LAND [RULE 15] When an order is set aside, the TLB to proceed to determine, without recourse to the preparation of a fresh draft statement, the extent and identity of the land to be surrendered after issue of notice in Form No. 7 to the persons concerned 02/11/2016 27
  • 28.
    g. VESTING OFEXCESS LAND IN GOVT. [S. 86 & RULE 17 TO 24] Demand for surrender (Rule 17) * Demand notice to the person bound to make the surrender in Notice No. 9 Authorisation to take possession or assume ownership in Form No. 10. Manner of surrender and taking possession and assumption of ownership. i. The person bound to surrender shall contact the officer concerned ii. The person making the surrender shall sign a declaration in Form No. 11 duly attested by such officer and two witnesses02/11/2016 28
  • 29.
    h. MANNER OFTAKING POSSESSION OR ASSUMING OWNERSHIP WHERE NO SURRENDER IS MADE Assume ownership of such land and record the fact of such taking possession, in a certificate in Form No.12 duly attested by two witness preferably neighbours 02/11/2016 29
  • 30.
    i. MAHAZAR ANDSKETCH TO BE PREPARED Prepare a Mahazar of such land containing a correct description of the land and improvements thereon and the name of the kudikidappukars if any with classification of the land. Prepare sketch 02/11/2016 30
  • 31.
    j. TAHSILDAR TOCOUNTERSIGN The certificate, mahazar and sketch countersign by the Tahsildar after verification 02/11/2016 31
  • 32.
    c. MODEL OFTHE PROCEEDINGS OF THE TLB NO …………….. PRESENT 1…………. (chairman) 2…………. (member) 3…………. (member) Sub : ……………………… Read: ……………………… Name of declarant 1. 2. 3. Interested parties 1. 2. 3. 02/11/2016 32
  • 33.
    A brief descriptionof the case Appearance of the parties and filing objections and documents if any ( Exhibits marking from the declarants side) AO’s enquiry report and documents and exhibits marking Family members and their status Details of land owned by the declarant Sl. No. village sy. No. Extent classification Details of land eligible for exemption under sec. 81 Sl. No. village sy. No. Extent classification Remarks 02/11/2016 33 Sl. No. Village Sy. No. Extent Classification SA OA Sl. No. Village Sy. No. Extent Classification Remarks SA OA
  • 34.