This document discusses land issues among Scheduled Tribes in Kerala. It provides background information on the tribal population distribution in Kerala and the major tribes found in different districts. It then outlines the various land rights and laws pertaining to Scheduled Tribes in Kerala, including the Kerala Land Assignment Rules of 1964, Kerala Land Reforms Act of 1963, Scheduled Tribes (Restriction on Transfer of Lands) Act of 1975, and the Forest Rights Act of 2006. Tables are included showing the status of land alienation cases by district as of 2013, including numbers of cases to be resumed, compensated, or that are landless. The document provides an overview of the legal framework around tribal land rights in Kerala.

1. Land issues among the Scheduled Tribes in Kerala
Dr.D.Sajith Babu
Asst. Commissioner [Revenue]

2. BASIC FACTS
 Out of the 3.33 crore population of Kerala 1.07 % are Hindu Tribals and 0.07 % are Christian Tribals
 Wayanad has the highest number of tribals followed by Idukki and Palakkad make the lion portion of
the native tribal people groups in the state
 Paniyar (Paniya) is the biggest tribe among the 35 major tribes and Cholanaikkans of Malappuram are
the most primitive among the tribes in Kerala
Area Type of tribes
Kasaragod Koragar, Maradi
Wyanad
Paniyar, Kurichyar, Kattunaikkar,
Mullukkurumar, Adiyar, Kanduvadiyar,
Thachanadar, Kanaladi
Attappadi Irular, Kurumbar, Mudugar
Nilambur
Cholanaikkar, Aranadan, Kadar,
Alar, Paniyar
Parambikkulam Kadar
Idukki
Malampadaram, Malappulayan, Malayarayar,
Urali, Muthuvan, Mannan
Nedumangad Kanikkar, Malandar

3. Land rights of Scheduled Tribes in Kerala
 Kanippattu of erstwhile Travancore state
 Hill men settlements of Idukki
 Kerala Land Assignment Rules,1964 – 25 % of lands are to be assigned to
SC/ST as the first preferred category [Rule 7{2}]
 Kerala Land Reforms Act,1963
 Scheduled Tribes [Restriction on Transfer of lands and restoration of alienated
lands] Act, 1975 [Kerala] and Scheduled Tribes [Restriction on Transfer of
lands and restoration of alienated lands] Rules, 1986 [Kerala]

4. Scheduled Tribes [Restriction on Transfer of lands and restoration of alienated lands] Act,
1975 [Kerala] & Scheduled Tribes [Restriction on Transfer of lands and restoration of
alienated lands] Rules, 1986 [Kerala]
 The Act and Rules were given effect from 01.01.1982 but the
invalidation was from 01.01.1960
 The members of ST had to file application within one year from
01.01.1982 [Section 6(2)]
 Revenue Divisional Officer/Sub Collector was the adjudicating
authority
 The consideration had to be given back [Section 11]
Untraceable
 Form No.2 – Register of applications
 Form No.9 – Register of appeals

5. THE KERALA RESTRICTION ON TRANSFER BY AND RESTORATION OF LANDS TO
SCHEDULED TRIBES ACT,1999
 Came in to force w.e.f. 24.01.1986 but the invalidation was from 01.01.1960
 Section 5 saves up to 2.00 ha for Non tribals
 Section 10 prescribes minimum forty ares [1.00 acre] and Rules framed for the same is
The Kerala Assignment of Government land to the Scheduled tribes Rules,2001
 The Hon’ble Supreme Court vide judgment in CA 104-105/2001 fixed the time limit as
31.03.2011 for restoration/compensation
Four situations under this Act based on the priority of land assignment set by the
Department of Revenue;
 Priority I : In a situation where an ST family which was holding less than one acre [40
Ares] of land and had alienated the land COMPLETELY to a Non ST prior to
24.01.1986, then that ST family is eligible to get one acre [40 Ares] as per Section 10 of
the Act - 108 cases under this category
 Priority II: In a situation where an ST family which was holding less than one acre [40
Ares] of land and had alienated the land PARTLY to a Non ST prior to 24.01.1986, then
that ST family is eligible to get the balance extent which would make up the total to one
acre [40 Ares] as per Section 6 of the Act – 723 cases under this category

6.  Priority III: In a situation where an ST family which was holding less than 5 acres of land
and had alienated the land COMPLETELY / PARTLY to a Non ST prior to
24.01.1986, then that ST family is eligible to get equal extent of land which he lost by
way of alienation as per Section 6 of the Act – 4040 cases in this category
For meeting the above priorities the land should be found out from the
Government reserve.
 Priority IV: In a situation where an ST family which was holding more than 5 acres of
land and had alienated the land COMPLETELY to a Non ST prior to 24.01.1986, then
that ST family is eligible to get equal extent of land which he lost by way of alienation.
For this 5 acres will be provided by Government from its reserve and the extent over and
above 5 acres will be first resumed from the Non ST family and will be restored to the ST
family – 442 cases in this category
 For meeting the Priority number IV, 5 acres should be found out by Government
for each case.

7. DISTRICT WISE STATUS OF THE PROGRESS - Tribal Land Alienation - as on 11.03.2013
DISTRI
CT
TVM KLM PTA ALP KTM IDK EKM TSR PKD MPM KKD WND KNR
KASAR
AGOD
Total
Live
cases
after final
Village
level
verificati
on
34 10 44 NA 274 236 NA 15 1005 29 NA 1563 NA Nil 3210
Number
of cases
to be
resumed
and
extent in
acres
Nil 1/0.10 Nil NA 0/0
222/369.
675
NA 0
207/382.
73
1/4.94 NA 11/35.33 NA Nil
442/792.
775
Number
cases to
be
compens
ated and
approxim
ate extent
in acres
31/22.2 Nil 40/34.16 NA
274/393.
32
236/381.
235
NA 0
1880/37
04.16
16/74.73 NA
1563/23
88.939
NA Nil
4040/69
98.744
Number
of
completel
y landless
cases
5 Nil Nil NA Nil Nil NA Nil 89 13 NA 0 NA Nil 107
Number
cases up
to 40 ares
24 Nil 22 NA 132 89 NA 10 432 16 NA 0 NA Nil 725

8. THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS’
[RECOGNITION OF FORSET RIGHTS] ACT,2006 @ FRA,2006
 Pre 13.12.2005 Adivasis and 13.12.1930 for others
 Form A for individual right and Form B for community right
 Gramasabha or FRC ---- SDLC --- DLC
 Up to 10.00 acres

9. District
No. of
FRCs
constituted
No. of
Individual
claim
received so
far
Individual
Claims
passed by
Grama
Sabha &
given to
Collectorat
e
No. of
Claims
pending
with Grama
Sabha/reje
cted
No. of
Community
Right
Claims
received so
far
No. of
claims
where
survey
completed
and
records
received in
Collectorat
e
Area in
acres
Balance to
be
Surveyed
No. of
claims
passed by
SDLC
No. of
claims
passed by
DLC
No. of
Titles
Issued
Extent of
land ( in
acres)
DLC
passed but
not issued
1 2 3 4 5(3-4) 6 7 8 9(4-7) 10 11 12 13 14(11-12)
TVM 36 5241 5241 0 91 5241 8243.3 0 5082 4935 4545 6478.3787 261
Kollam 14 1214 1168 46 228 1162 1062 6 1162 1162 1158 983.76 4
Pathanamth
itta
18 1082 1039 43 17 951 11 99 899 892 690 422.02 0
Kottayam 12 1661 1659 2 61 1659 1586.9 0 1437 1437 1377+2CR 1528.91 0
Idukki 93 11049 10063 1154 208 8996 19891.3 899 7668 7666 7479 13752.12 187
Ernakulam 14 1472 1472 0 12 1466 1086.31 6 1276 1094 769 1517.98 325
Thrissur 36 1341 1341 0 36 1028 0 313 1028 813 813 781.0664 37
Palakkad 91 3780 2132 0 76 1507 2876.92 0 1485 1225 1222 1572.64 80
Malappura
m
28 1306 1253 53 55 940 661.6 49 937 937 797 558.696 0
Kozhikkode 2 20 11 9 4 11 6.87 0 11 11 11 6.87 0
Wayanad 109 6937 4339 2598 43 4339 3142.74 0 4429 4417 4331 3141.74 86
Kannur 57 1032 1032 0 48 1032 1590 0 1031 1031 1029 1589.81 2
Grand
Total
510 36135 30750 3905 879 28332 40159 1372 26445 25620 22844 32333.991 982

10. Dr.D.Sajith Babu
sajithrevenuedc@gmail.com
08547610001