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State of Kerala - Section

Section 101 in Kerala Land Reforms Act, 1963

101. Powers of the land Board and the land Tribunal.

(1)The Land Board and the Land tribunal constituted under this Act shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, 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 any document;
(c)receiving evidence on affidavit;
(d)issuing commissions for the examination of witnesses or for local investigation; and
(e)any other matter which may be prescribed.
(2)[ The Land Board shall have superintendence over all the [Land Tribunals, Appellate Authorities and the Taluk Land Boards] [Substituted of Act 35 of 1969.] and the Land Board may-
(a)call for returns from the [Land Tribunals, Appellate Authorities and the Taluk Land Boards] [Substituted of Act 17 of 1972.]
(b)make and issue general rules and prescribe forms for regulating the practice and proceedings of the [Land Tribunals, Appellate Authorities and the Taluk Land Boards] [Substituted of Act 17 of 1972.]
(c)prescribe forms in which books entries and accounts shall be kept by the [Land Tribunals, Appellate Authorities and the Taluk Land ;] [Substituted of Act 17 of 1972.] and
(d)on the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion, without such notice, transfer any application, appeal or other proceeding pending before any Land Tribunal or Appellate Authority, to any other Land Tribunal or Appellate Authority, as the case may be, or re-transfer the same for trial or disposal to the Land Tribunal or the Appellate Authority, as the case may be, from which it was originally transferred.]
(e)[ [on its own motion or] [Inserted of Act 17 of 1972.] on the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, transfer any proceeding pending before any Taluk Land Board to any other Taluk Land Board or re-transfer the same for disposal to the Taluk Land Board from which it was originally transferred.]
(3)Where in any proceeding before the Land Tribunal a question arises whether a person is a small holder or not or whether a person is or is not a tenant [or whether the right, title and interest of the landowner and the intermediaries, if any, in respect of any holding, have or have not vested in the Government under Section 72,] [Inserted of Act 35 of 1969.] it shall be competent for the Land Tribunal to decide the question.
(4)[ If any question arises as to whether any land is exempted under Section 81, the question shall be decided by the Land Board [or the Taluk Land Board, as the case may be] [Substituted of Act 35 of 1969.] in such manner and having regard to such matters as may be prescribed, and the decision [or the Land Board for the Taluk Land Board] [Inserted by Act No. 27 of 1979.] shall be final.]
(5)If any question arises as to whether any land is principally used for the purposes specified in clause (5) of Section 2, the question shall be decided by the Land Board ' [or the Taluk Land Board, as the case may be] [Inserted of Act 17 of 1972.] after taking into account the extent of, the amount invested in, and the income from, the portion of the land so used and the remaining portion and other relevant matters, and the decision of the Land Board [or the Taluk Land Board shall be final.] [Inserted of Act 17 of 1972.]