[Cites 0, Cited by 0]

State of Kerala - Act

Kerala Land Reforms (Tenancy) Rules, 1970

KERALA
India

Kerala Land Reforms (Tenancy) Rules, 1970

Rule KERALA-LAND-REFORMS-TENANCY-RULES-1970 of 1970

Published on 1 January 1970
Commenced on 1 January 1970
[This is the version of this document from 1 January 1970.]
[Note: The original publication document is not available and this content could not be verified.]

Kerala Land Reforms (Tenancy) Rules, 1970Published vide Notification No. 370/LRD, dated 01.01.1970Last Updated 10th February, 2020Notification No. 370/LRD. - In exercise of the powers conferred by Section 129 of the Kerala Land Reforms Act, 1963 (1 of 1964), the Government Of Kerala hereby make the following rules, namely:-

Chapter I
General

1. Short title and commencement.

(1)These rules may be called the Kerala Land Reforms (Tenancy) Rules, 1970.

(2)They shall come into force on the 1st day of January, 1970

2. Definitions.

- In these rules, unless the context otherwise requires,-

(a)"Act" means the Kerala Land Reforms Act, 1963 (1 of 1964);

(b)"Application" includes an interlocutory application;

(c)"Collector" means the Collector of a district:

(d)"Form" means a form appended to these rules:

(e)"Land Board" includes a Bench of the Land Board constituted for performing the functions of the Board;

(f)"legal representative" means a person who in law, represents the estate of a deceased person:

(g)"section" means a section of the Act;

(h)"Tahsildar" means the Tahsildar holding charge of a taluk and includes a Special Tahsildar appointed specially for the purposes of these rules;

(i)"village officer" includes a village assistant.

3. Interpretation.

(1)The Interpretation and General Clauses Act, 1125, shall apply, as far as may be, to the interpretation of these rules, as it applies to the interpretation of an Act.

(2)The forms shall be used with such variations as the circumstances may require.Ascertainment of Normal Produce[Section 2(16) and (38A)]

4. Matters to be taken into account.

- For ascertaining the normal produce in respect of any land, the Land Tribunal may take into consideration-

(a)the normal produce of the class of land to which it belongs;

(b)the season reports and rainfall accounts;

(c)the results of crop cutting experiments conducted by the Government;

(d)the statistics of gross produce published under Section 44;

(e)the accounts of landlords and cultivating tenants, wherever available, in respect Of that land and in respect of similar lands enjoying similar advantages; and

(f)the oral or documentary evidence adduced by parties and decrees of Civil Courts,

Determination of extent of lard necessary for the convenient enjoyment of residential building[Section 2(26)]

5. Locality etc., to be considered.

(1)The extent of land necessary for the convenient enjoyment of any residential building shall be determined by the Land Tribunal with reference to the locality in which the residential building is situate.

(2)In determining the extent under sub-rule (1), the Land Tribunal may take Into consideration the habits of the person enjoying the same, his financial circumstances and profession, the use to which the site is ordinarily pul and other similar factors.

Chapter II
Resumption

(Sections 13 and 14 to 22)

6. Certificate by Collector.

- An application for the certificate referred to in Section 14, shall be disposed of by the Collector as expeditiously as practicable and a copy of his order thereon shall, as soon as it is passed, be furnished to the Land Tribunal within whose jurisdiction the property to which the application relates, is situate,

7. Application for resumption of land.

- An application for resumption of land by a landlord shall be in Form No. 1 and all persons who have interest in the land to be resumed, including a Kudikidappukaran, shall be made parties to it.

8. Enquiry by Land Tribunal into the application.

(1)As soon as may be after the receipt of an application referred to in Rule 7, the Land Tribunal shall issue notice thereof to the persons interested in the land directing them to appear before it on (SIC)

(2)Any objections to, or claims as regards, the value of improvements, arrears of rent or any other matter in regard to the land sought to be resumed, shall be adjudicated by the Land Tribunal, and the Land Tribunal shall pass orders settling the rights of each such person and specifying the person entitled to resumption.

9. Land Tribunal to await order of Collector on application for certificate.

(1)An application under Section 14 for the resumption of land for the purpose of extending a place of public religious worship shall be accompanied by the original or a certified copy of the Collector's certificate.

(2)If the Collector's certificate has been applied for but not received, the fact shall be stated in the application, and the Land Tribunal shall after satisfying itself that such an application has been made to the Collector in time, await the order of the Collector on such application before disposing of the application for resumption.

10. Reference to and enquiry by the Land Board.

(1)As soon as may be after the receipt of an application for resumption under Section 19, the Land Tribunal Shall, together with a copy of such application, refer to the Land Board for its opinion-

(a)as to whether the lands to which the application relates are agricultural lands interspersed within the boundaries of the area cultivated with plantation crops and whether such lands are necessary for the protection and efficient management of such cultivation;

(b)as to whether such lands are absolutely necessary for the purposes of the plantation,

(2)On receipt of a reference under sub-rule (1), the Land Board shall cause necessary inquiries to be made and after giving the parties interested a reasonable opportunity of being heard record its findings and communicate the same to the Land Tribunal.

11. Contents of order.

(1)Besides the particulars mentioned in sub-section (2) of Section 22, the order passed by the Land Tribunal shall specify the survey numbers and sub-division numbers, if any (or an adequate description), of the land allowed to be resumed, the extent of land that will be left after resumption, and the value of the improvements belonging to the cultivating tenant and the other persons, if any, interested in the land allowed to be resumed.

(2)The order referred to in sub-rule (1) shall also specify the amounts to be paid by the landlord resuming the land, and the persons to whom the payments are to be made and shall further direct that the amounts shall be deposited with the Land Tribunal within a period of thirty days from the date of the order: and on such deposit being made, the Land Tribunal shall pay the amounts to the parties and obtain receipt therefor.

(3)The order of the Appellate Authority against the order of the Land Tribunal under sub-section (2) of Section 22 shall, so far as may be, specify the particulars mentioned in the said sub-section and also the particulars mentioned in sub-rules (1) and (2).Restoration of land to dispossessed persons or tenant from whom resumed(Sections 13A, 23 and 25)

12. Application for restoration Land.

- Application under sub-section (2) of Section 13A or sub-section Of of Section 23 tor restoration of possession of land shall be in Form No. 2.

13. Determination of fair rent and other amounts payable by cultivating tenant in respect of holding to be restored.

(1)A cultivating tenant applying for restoration may simultaneously file an application for determination of fair rent in respect of the land, if no such fair rent has been already determined and where any such application has been made, the Land Tribunal shall, when allowing restoration, pass an order determining the fair rent payable by the cultivating tenant after the land is restored to him,

(2)Where resumption is ordered under Section 23. the order of restoration shall also specify the amounts to be paid by the cultivating tenant under sub-section (2) of Section 25.Procedure to put applicant in possession of land[Sections 13A(4). 22(7), 23(2). 29A(7). 29B(2} and 80C(4}]

14. Procedure to be followed by Land Tribunals.

(1)Where an applicant has complied with an order under sub-section (3) of Section 13A or sub-section (2) of Section 22 or where an order of restoration has been passed under Section 23, the cultivating tenant applies to the Land Tribunal for putting him in possession or where a Kudikidappukaran presents within ninety days of the receipt of the certificate of purchase issued under sub-section (2) of Section 80C or within such further time as may be allowed by the Land Tribunal for sufficient reason, an application in writing to the effect that he may be pul in possession of the land to which the certificate relates, the Land Tribunal shall issue to any of the members of his staff a warrant in Form No. 3 to put the applicant in possession of the land.

(2)The person to whom a warrant is issued under sub-rule (1) shall, after putting the applicant in possession of the land return the warrant and the Land Tribunal shall, on being satisfied that the warrant has been duly executed countersign the same and keep it as part of the records of the case.

(3)Where the person directed to execute the warrant fails on the date fixed therein to put the applicant in possession, the Land Tribunal may issue another warrant to the same person or any other member of his staff.

(4)The Land Tribunal may at any time recall or cancel any warrant issued under sub-rule (1) or sub-rule (3) and may also order necessary police or other assistance to be rendered for the due execution of any warrant.

(5)If on the date specified in the warrant for putting the applicant in possession of the land, crops not ripe for immediate harvest are found on the property the execution shall be postponed and a report of such fact shall be made to the Land Tribunal and on receipt of such report the Land Tribunal shall postpone execution till such time as the crops are harvested,

15. Procedure to be allowed by Revenue Divisional Officers and Tahsildars.

- Where:-

(a)an order under sub-section (4) of Section 29A has not been complied with and the applicant has made a request in writing to the Revenue Divisional Officer that he may be restored to possession of the land; or

(b)the Tahsildar decides under sub-section (2) of Section 29B that an applicant under sub-section (1) of that section is entitled to cultivate the land to which the application relates and such applicant is entitled lo cultivate and is not in possession of such land, the Revenue Divisional Officer or the Tahsildar as the case may be, shall issue to any of the members of his staff or to the village officer of the village in which the land or part thereof is situate a warrant in Form Mo. 3, and thereupon the provisions of Rule 14 shall mutatis mutandis be applicable to the execution of such warrant.

Recovery of Arrears of Rent(Sections 26 and 73)

16. Application for recovery of arrears of rent.

- An application for recovery of arrears of rent shall be in Form No, 4,

17. Notice of claim to be given to tenant.

(1)As soon as may be after the receipt of the application referred to in Rule 16. the Land Tribunal shall issue notice thereof to the respondent in Form Mo. 5 together with a copy of the application.

(2)The date fixed in a notice under sub-rule (1) tor appearance of the respondent shall be so fixed by the Land Tribunal as to allow a period of not less than seven days between the date of service of the notice and the date fixed tor appearance and if the date fixed for appearance is within a period of seven days from the date of service of the notice, the Land Tribunal shall adjourn the hearing of the application to a day beyond seven days from the date originally fixed for hearing and direct the issue of fresh notice to the respondent.

18. Enquiry in applications where claim exceeds five hundred rupees.

- The procedure prescribed in the Code of Civil Procedure, 1906, in regard to suits shall be followed as far as it can be made applicable to the enquiry in an application referred to in Rule 16 where the claim in such application exceeds five hundred rupees.

19. Period of limitation for certain interlocutory applications.

- The period of limitation specified in Article f 21 or Article 122 or Article 123 or Article 124 of the Schedule to the Limitation Act. 1963, shall, as the case may be, apply in the case of an application filed m connection with an application under sub-section (1) of Section 26,

20. [Court] [Inserted by SRO. No, 495/75, published in K.G Extraordinary No. 307 dated 16/06/1975.], Land Tribunal and Appellate Authority to prepare extracts of certain orders.

- [(1) Where under an order of any Court under sub-section (2) or sub-section (4) of Section 73 or an order in appeal or revision against such order or under an order of the Land Tribunal under sub-section (2) of Section 26 or Section 73 or under an order of the Appellate Authority in appeal against such order, a tenant is bound to pay or deposit any amount towards arrears of rent or interest on such arrears, the Court in which, or the Land Tribunal before whom such amount is to be deposited, or the Appellate Authority, as the case may be, shall prepare an extract of the order in Form No, 6 and such extract shall form part of the records of the case.] [Substituted by SRO. No, 495/75, published in K.G Extraordinary No. 307 dated 16/06/1975.]

(2)Where under an order of the High Court in revision, the tenant is bound to pay or deposit before the Land Tribunal any amount towards arrears of rent or interest on such amears, the Land Tribunal shall, as soon as may be after the receipt of the orders of the High Court, prepare an extract of such order in Form No. 6 and file it as part of the record of the case.

21. [ [Omitted by SRO, No. 369/BO dated 05/04/1980. published in K.G Extraordinary 271 dated 10.4.1980.]

x x x x]

22. [ [Omitted by SRO, No. 369/BO dated 05/04/1980. published in K.G Extraordinary 271 dated 10.4.1980.]

x x x x]

23. [ Written Requisition to District Collector. [Subsisted by SRO, No. 495/75, published in K.G. Extraordinary No, 307 dated 16/06/1975.]

- [1] [If the tenant does not deposit the amount due from him before the Land Tribunal within the time specified in subsection (3) of Section 26 or] [Substituted by SRO No. 369/00 ch- 05/04/1980, published in K.G. Extraordinary 271 dated 10/04/1980.] in the Court or before the Land Tribunal within the time specified in sub-section 7 of Section 73. the Court or the Land Tribunal, as the case may be, shall send a written requisition to the District Collector together with a copy of its order, the order in appeal or revision against such order, if any, and the extracts of the order prepared in Form No. 6.

(2)Any person entitled to any amount deposited under sub-section (3) of Section 26 or sub-section (7) of Section 73, as the case may be, in any Court or Land Tribunal, may file before such Court or Land Tribunal, as the case may be, a statement in duplicate in writing and signed by him furnishing full particulars of the name and address of the tenant liable to make the deposit and the details of the movable and immovable properties, if any, belonging to such tenant, and the Court or the Land Tribunal, as the case may be, shall on receipt of such statement, forward one such statement to the District Collector together with the written requisition referred to in sub-rule (1) or if such statement is filed only after the despatch of such requisition, subsequent to such despatch.Preparation of record of rights(Section 29)

24. Form of application for preparation of Record of Rights.

- Art application for preparation of record of rights shall be in Form No, 6.

25. Tahsildar to arrange to collect necessary particulars.

(1)On receipt of an application referred to in Rule 24, the Tahsildar shall arrange to collect necessary particulars required for the preparation of the record of rights through his field staff.

(2)After collecting such particulars as are available, the Tahsildar shall publish a draft record of rights together with a notice in Form No,9,

(3)The draft record of rights together with the notice In Form No. 9 shall be published-

(a)on the notice boards of the office of the Tahsildar and of the office of the Land Tribunal in whose jurisdiction the land is situate;

(b)on the notice boards of the village office of the village in which, and of the office of the local authority within whose jurisdiction, the land is situate.

(4)Copies of the draft record of rights together with the notice shall also be served individually on the applicant, the person in possession or occupation of the land, the kudikidappukaran, the landowner, the intermediaries, if any, other persons, if any, whose names are shown in the application referred to in Rule 24 and all other persons known or believed to be interested in the land,

26. Preparation and form of record of rights.

(1)The Tahsildar shall, after the expiry of the period fixed for the filing of claims and objections, fix a day and time for the hearing of the claims and objections and give notice to the persons who have tried such claims and objections and also to the persons whose interests are likely to be affected, informing them that an opportunity of being heard will be given to them at the time and piaoe mentioned in such notice.

(2)On the date fixed for the hearing or on such other date to which the hearing may be adjourned, the Tahsildar shall hear the persons who appear before him, duly enquire into the claims and objections and shall pass an order in writing recording his reasons therefor.

(3)If in the course of the enquiry, any party to the proceeding applies to the Tahsildar for a survey of the land or part thereof and deposits the costs thereof, the Tahsildar shall, if he is satisfied that a survey thereof is necessary for the purpose of preparation of the record of rights arrange tor such survey being made expeditiously, and the record of rights in survey cases shall be prepared only after a report of the survey is received by the Tahsildar,

(4)The Tahsildar shall, after the hearing and enquiry provided in the foregoing provisions of this rule, prepare the final record of rights.

(5)The draft record of rights and the final record of rights shall be in Form No. 10.

(6)A true copy signed by the Tahsildar of the final record of rights shall be served on all persons who have filed claims and objections to the draft record of rights and also to those persons who have not filed claims and objections but whose names appear in the final record of rights,

(7)The final record of rights shall also be published in the office of the Tahsildar and in the village office of the village in which the land is situate.

(8)The expenses of the publication and service of notice under this rule and Rule 25 shall be collected in advance from the applicant;Provided that no such expenses shall be collected from an applicant who is a member of any Scheduled Caste or Scheduled Tribe.

27. Appeal against record of rights.

(1)An appeal by a person aggrieved by any entry in the record of rights prepared by the Tahsildar shall be filed within thirty days from the date of communication to him of the record of rights.

(2)An appeal referred to in sub-rule (1) shall be filed in Form No. 11 and shall be accompanied by the original or an attested copy of the record of rights,

28. Disposal of appeal against records of right.

(1)On receipt of the memorandum of appeal, the Revenue Divisional Officer, after sending for the record of the case if he thinks fit so to do, and after fixing a day for hearing the appellant and hearing him accordingly if he appears on that the day and after perusal of the memorandum of appeal and the the record of the case, where it has been sent for, may, If he is satisfied that there is no sufficient ground for interference or if he has reason to believe that the appellant is not aggrieved, dismiss the appeal forthwith.

(2)Where the Revenue Divisional Officer does not under sub-rule (1) dismiss the appeal, he shall fix a day for hearing the appeal, send for the record of the case where it has not been send for and serve notice intimating the day fixed for the hearing of the appeal on all other persons whose names appear in the record of nights and on such other persons, of any, whose names are shown in the memorandum of appeal as persons whose names ought to appear in the record of rights; and such notice shall be accompanied by a copy of the memorandum of appeal.

(3)On the day fixed under sub-rule (2) for hearing the appeal or on any other day to which the hearing may be adjourned, the Revenue Divisional Officer shall, after hearing such of the parties who appear before him and such other persons to whom notice have not been sent but who appear and desire to be heard and after making such other enquiries as he deems necessary, pass an order-

(a)dismissing the appeal; or

(b)directing the Tahsildar to make such additions, alterations, deletions or modifications as are in the opinion of the Revenue Divisional Officer necessary in the record of rights.

(4)The Revenue Divisional Officer shall send a copy of his order under sub-rule (1) or sub-rule (3) to the Tahsildar who shall file it with the record of the case.

(5)When the Revenue Divisional Officer passes an order under clause (b) of sub- rule (3), the Tahsildar shall carry out the direction contained in the order in his own hand adding a footnote In the record of rights specifying the authority to make the modifications and furnish a copy of the record of rights as modified to the village officer of the village in which the land is situate.

29. Powers of the Revenue Divisional Officer and Tahsildar.

(1)In addition to the powers specified in sub-section (7) of Section 29, the Revenue Divisional Officer and the Tahsildar shall have power to inspect at any stage of the proceedings, any property or thing concerning which any question may arise.

(2)The Revenue Divisional Officer shall also have power to receive additional evidence, either oral or documentary, and to make or cause to be made any enquiry which in his opinion is necessary for the disposal of the appeal.Determination of Fair Rent(Section 31)

30. Application for determination of fair rent.

- An application for determination of fair rent shall be in Form No. 12,

31. Gross annual income in case of nilam where fishing is carried on.

- The gross annual income derived from fishing in the case of a nilam where fishing is carried on for part of the year by a vararndar shall be the average of the annual income derived from fishing from that nilam for the three years immediately preceding the date of the application for determination of the fair rent in respect of that nilam, or, where fishing was not carried on in any year during the three years immediately preceding the date of such application, the annual income derived from fishing for the year in which fishing was carried on in the nilam last immediately preceding the said date.

32. Government to be made party where landowner or intermediary is a religious, charitable or educational institution of a public nature.

- Where the application for determination of fair rent is in respect of a holding, the landowner or intermediary of which is a religious, charitable or educational institution of a public nature, the Government shall also be made a party to the application, and notice shall be issued by the Land Tribunal to the Collector of the District in which the holding is situate, on behalf Of the Government.

33. Form of notice under Section 31(2).

- A notice under sub-section 2 of Section 31 shall be in Form No. 13-Remission of Rent(Section 38)

34. Application for remission of rent.

- An application by the tenant for remission of rent shall be in Form No. 14.

35. Time for submission of application for remission of rent.

(1)For the purpose of remission of rent, the Tahsildar may, if necessary, notify, with reference to the seasons and the conditions prevailing in his taluk, the date or dates by which applications for remission of rent shall be presented in respect of various crops,

(2)The application shall be made by the tenant to the Tahsildar or any other officer authorised by the Government under sub-section (2) of Section 38 sufficiently in time so as to facilitate the inspection of the damage to, or the failure of, the crops.

(3)The tenant shall also, at the time of making the application, furnish a copy of the same to the landlord to whom he is liable to pay the rent,

36. Suo motu remission of rent.

(1)The Tahsildar or the officer authorised by the Government under sub-section (2) of Section 38 shall, before initiating proceedings suo motu for remission of rent in respect of a holding, record in writing the reasons which prompted him to initiate such proceedings,

(2)Proceedings for suo motu remission of rent shall be initiated sufficiently in time so as to facilitate the inspection of the damage to. or failure of, crops.

37. Enquiry to determine extent of damage.

(1)As soon as may be after the receipt of an application for remission of rent, or soon after the decision to initiate proceedings suo motu, the Tahsildar or the authorised officer, as the case may be, shall cause the affected land to be inspected.

(2)The officer inspecting the land under sub-rule (1) shall, as far as practicable, give previous notice of the inspection to the parties concerned and submit a full and detailed report to the Tahsildar or the authorised officer, as the case may be, without (SIC).

(3)On recept of the report under sub-rule (2), the Tahsildar or the authorised officer, as the case may be, shall issue notice to the parties concerned to appear before him in person or by an authorised agent on a specified date to put forth objections or claims, if any.

(4)The Tahsildar or the authorised officer, as the case may be shall, after hearing the parties and after considering the objections and claims, if any, pass orders in writing-

(a)determining, where there is damage to, or failure of, crops, the extent of such damage or failure, and the quantum of remission; or

(b)where there is no damage to, or failure of crops, refusing to grant remission.

(5)The enquiry under the foregoing provisions of this rule shall be of a summary nature.Abatement or reduction of rent(Section 39)

38. Form of application.

- An application for abatement or reduction of rent shall be in Form No. 14 with suitable changes.

39. Procedure for disposal of application.

- The procedure specified in Rule 37 shall, as far as may be, be followed in the disposal of an application for abatement or reduction of rent.Publication of prices of commodities(Section 43)

40. Publication of lists of prices.

- The Collector shall publish, in the months of January, April, July and October every year, in the District Gazette or in Districts where no District Gazette is published, in the State Gazette, the average market prices prevailing in the taluk headquarters during the three months immediately preceding the date of publication, of all the commodities specified in Section 43 and also of any other commodity notified by the Government under that section.Statistics of gross produce(Section 44)

41. Publication of statistics of gross produce.

- On the first of April, every year, or as soon as may be thereafter, the Bureau of Economics and Statistics shall publish in the Gazette and at the taluk headquarters, statistics showing the gross produce per acre of the following crops in respect of each district or taluk, as the case may be:-

(a) arecanut	(f) pulses
(b) cashewnut	(g) sugarcane
(c) coconut	(h) groundnut
(d) paddy	(i) cotton
(e) pepper

Tenant's right to obtain receipt for rent[Section 45)

42. Particulars to be specified in the receipt.

- The receipt granted by the landlord for payment of rent by the tenant shall specify:-

(a)the taluk and village in which the holding is situate and its survey number and sub-division number, if any, or a description of the holding adequate for its identification;

(b)the name of the person from whom received and on whose behalf received;

(c)the date of payment;

(d)the amount paid; and

(e)the period to which the amount paid relates.

Note. - A reference to the date and registration number of the document under which the holding is held and also the name of the sub-registration district in which the said holding is situate, shall be deemed to be a sufficient description of the holding for the purposes of this rule.Application to Land Tribunal for permission to pay arrears of rent due(Section 46)

43. Form of application.

- An application to the Land Tribunal for permission to pay the arrears of rent due shall be in Form No. 15.Apportionment of rent on severance of interest of landlord or tenant(Section 48)

44. Form of application.

- An application for apportionment of rent shall be in Form No. 16.

45. Execution of tease deed by Land Tribunal.

- Every application to the Land Tribunal under sub-section (4) of Section 49 tor execution of lease deed shall be accompanied by a draft of the lease deed drawn up in accordance with the order of apportionment.

(2)The Land Tribunal shall thereupon cause the draft to be served on the person who defaulted to execute the lease deed together with a notice in Form No. 17 requiring his objections, if any to be made within such time as the Land Tribunal fixes in this behalf.

(3)Objections, if any, to the draft lease deed shall be made in writing within the time fixed under sub-rule (2), and the Land Tribunal shall, after the expiry of the time, make such order approving or altering the draft as it thinks fit.

(4)The person in whose favour the deed is to be executed shall deliver to the Land Tribunal a copy of the draft with such alterations, if any, as the Land Tribunal may have directed, upon the proper stamp paper, if a stamp is required by the law for the time being in force, and the Land Tribunal shall execute the lease deed so delivered.

(5)The execution of a lease deed under this rule may be in the following form, namely;-"C D. Land Tribunal...................for A.B. in an application by E.F. against A.B."and shall have the same effect as the execution of the lease deed by the party ordered to execute the same,

(6)The Land Tribunal or such officer as it may appoint in this behalf, shall cause (SIC) is required by the law for time being in force and may make such order as it thinks fit as to the payment of the expenses of the registration including travelling and other expenses of the officer deputed for getting the lease deed registered.Acquisition of interest in the holding of tenant(Section 49)

46. Application to Land Tribunal for apportionment of rent.

- An application for apportionment of rent or arrears of rent under sub-section (3) of Section 49 shall be made in Form No. 16 with suitable changes.

47. Procedure for disposal of application.

- The procedure for the disposal of an application referred to in Rule 46 shall as far as may be, be the same as that laid down in sub-section (3) of Section 48.Surrender or abandonment of holding by tenant(Sections 51 and 51 A)

48. Filling of statement before Land Tribunal.

(1)A tenant intending to surrender his interest in any land held by him shall file a written statement before the Land Tribunal specifying the following particulars, namely:-

(a)description of the holding-

(i)district, taluk and village in which situate;

(ii)survey number and sub-division number, if any, or a description of the holding adequate for its identification;

(iii)boundaries;

(iv)extent;

(v)class of land (nilam, garden, dry land, etc,);

(b)name and address of the landlord to whom rent is payable by the tenant;

(c)names of other persons having interest in the land and the nature of their interest;

(d)particulars of the document, if any, evidencing the tenancy;

(e)the extent in respect of which the surrender is proposed, its description and the nature of the interest to be surrendered;

(f)amount of the rent payable in respect of the holding.

(2)The statement referred to m sub-rule (1) shall be signed by the tenant and attested by two respectable witnesses

49. Procedure for registration of surrender.

(1)On receipt of the statement referred to in sub-rule (1) of Rule 48, the Land Tribunal shall issue notice to the person who has made the statement and the landlord for appearance before it on the date specified therein.

(2)If the Land Tribunal is satisfied that the person surrendering is the tenant and if the surrender is admitted by the tenant, the surrender shall be forthwith registered in the register in Form No. 18.

(3)True extracts from the register shall be delivered to the tenant and the landlord and shall also be sent to the Tahsildar of the taluk in which the holding is situate, who shall take action for carrying out changes, it any. In the revenue records.

50. Procedure to take possession where tenant abandons and ceases to cultivate.

(1)As soon as may be after the receipt of information that a tenant has abandoned and has ceased to cultivate, his holding, the Tahsildar of the taluk in which such holding is situate shall publish a notice in Form No. 19 declaring his intention to take possession of the land.

(2)The notice shall be published by affixture on the land. The notice shall also be published on the notice boards of the taluk office, the village office of the village in which the land is situate and the office of the local authority having jurisdiction over the area in which the land is situate and be served individually on the tenant and the landlord of such tenant and on such other persons interested in such holding where their addresses are known to the Tahsildar,

(3)The Tahsildar shall, on the day specified in such notice or on any other day to which the enquiry may be adjourned, enquire in a summary manner into the claims and objections, if any, hear such of the persons who appear in pursuance of the notice, make such other enquiries as he deems necessary to ascertain whether there is abandonment and cessation of cultivation, and record his decision with reasons in writing; and where the Tahsildar decides that there is abandonment and cessation he shall give written intimation of the date on which and the time at which he intends to take possession of the land, to the tenant and to the landlord to whom such tenant is liable to pay rent, if they had appeared before him in pursuance of the notice.

51. Time to take possession of land surrendered or abandoned.

- Where the Tahsildar receives under Rule 49 a true extract of the register of surrender in Form No. 18 from the Land Tribunal, or where the Tahsildar decides under Rule 50 that there is abandonment and cessation of cultivation, he shall, as soon as may be after such receipt or decision, take possession of the land, provided that where he has given intimation under sub-rule (4) of Rule 50 of the date and time of taking possession, possession shall be taken only at the time so intimated or on any subsequent day.

52. Letting of lands abandoned or surrendered.

(1)Where the Tahsildar takes possession of any land under Rule 51, he shall take immediate steps to lease out such land and if for any reason such land cannot be SO leased out, he shall make arrangements to cultivate or otherwise make use of the land.

(2)The Tahsildar shall invite applications for leasing out the land taken possession Of by him under Rule 51.

(3)The notice calling tor applications shall be in Form No. 20.

(4)The publication of the notice shall be made by beat of drum in the village in which the land is situate and also by affixture on the notice boards of the concerned Taluk office, office of the local authority and the village office and at the site of the land to be leased out.

(5)The notice shall also be published in a newspaper having circulation in the area.

(6)Copies of the notice shall be sent to the local authority concerned and to all District Officers.

(7)The Tahsildar shall also ascertain whether the land is required for any public purpose.

(8)The application for lease shall be made to the Tahsildar in Form No. 21.

(9)The Tahsildar may, after conducting such enquiry as he may deem necessary, pass orders on the applications, sanctioning the lease in favour of any applicant, taking into consideration his eligibility therefor.

(10)The lease of land surrendered or abandoned shall, as far as practicable, be made to the categories of persons and in the order of preference mentioned below:-

(a)Government Departments requiring land for any public purpose:

(b)Local authorities if they require the land for any public purpose:

(c)Kudikidappukars in the land surrendered or abandoned;

(d)Landless agricultural labourers belonging to the Scheduled Castes or the Scheduled Tribes in the village or adjacent villages;

(e)Other landless agricultural labourers In the village or adjacent villages;

(f)Cultivators whose holdings do not exceed five acres;

(g)Other persons whose annual income does not exceed one thousand and five hundred rupees;

Provided that in leasing the lands, preference shall be given to Ex-servicemen belonging to the respective classes over others.

(11)No person shall be eligible for lease of more than five acres in extent and where a person possesses any land, only so much land as will make the total of extent of land in his possession five acres shall be leased to him.

(12)The reasons for sanctioning the lease in favour of any applicant and rejecting the other applications shall be recorded clearly in writing.

(13)The person or the Department or the local authority to whom the land is leased shall execute the necessary lease deed with the Government,

(14)The lessee shall be liable to pay fair rent as determined under the Act to the landlord from the date of his induction into the land, and he shall, immediately on being inducted into the land, get the fair rent of the holding fixed by the Land Tribunal concerned.

(15)The Tahsildar shall maintain a register in Form No. 22 for entering the details of Sand taken possession of and leased out under this rule, separate pages being set apart in such register to note the details of each case.Purchase of landlords rights by cultivating tenant(Section 54)

53. Application for purchase.

- An application for purchase of the landlord's rights by the cultivating tenant shall be in Form No, 23.Procedure before the Land Tribunal regarding application for purchase(Section 57)

54. Form of notice.

- The notice referred to in sub-section (1) of Section 57 to the landowner intermediaries and other interested persons shall be in Form No. 24.

55. Preparation of preliminary findings and notice of such findings to landowner, intermediaries and holders of encumbrances, etc.

(1)Where the Land Tribunal is of opinion that an application for purchase has to be allowed, it shall, before it passes an order under Section 57, prepare preliminary findings on-

(a)the fair rent in respect of the holding or part thereof to which the purchase relates;

(b)the value of sixteen times the fair rent in respect of the holding or part thereof to which the purchase relates;

(c)the value of structures, wells and embankments of a permanent nature, if any, belonging to the landowner;

(d)the value of structures, wells and embankments of a permanent nature, if any, belonging to the intermediary or intermediaries;

(e)one-half of the value of timber trees, if any, belonging to the landowner;

(f)one-half of the value of timber trees, if any, belonging to the intermediaries;

(g)the purchase price payable by the cultivating tenant;

(h)the amount due to the landowner from out of the purchase price (with name and address of the landowner);

(i)amount due to the intermediary or each of the intermediaries. if any, on apportionment of the purchase price (with name and address of the intermediary or intermediaries);

(j)the amount payable to the holder of encumbrance, if any, with name and address of such holder and whether such amount is charged on the right, title and interest of the landowner or intermediary;

(k)the amount payable to the person entitled to maintenance, if any, with the name and address of such person and whether such amount is charged on the right, title and interest of the landowner or intermediary;

(l)the amount payable to the person entitled to alimony, if any, with the name and address of such person: and whether such amount is charged on the right, title and interest of the landowner or intermediary;

(m)the amount payable to the landowner and to the intermediary or each of the Intermediaries, if any, after deducting the value of encumbrances or the claims for maintenance or alimony, if any.

(2)The Land Tribunal shall issue a notice of its findings referred to in sub-rule (1) in Form Mo. 25 to the landowner, every intermediary, every holder of encumbrance and every person entitled to maintenance or alimony, calling upon them to prefer in writing claims for the purchase price or part thereof within a specified date.

(3)Copy of the notice under sub-rule (2) shall also be published on the notice board of the office of the Land Tribunal on the notice board of the village office of the village in which the land is situate and on the land by affixing the same on a prominent part of it, staling, inter alia, that any objections or claims that may be preferred in the matter by any interested person will be duly considered by the Land Tribunal,

(4)The land Tribunal shall on receipt of the objections or claims if any, consider the same and decide the claims after giving a reasonable opportunity to the parties to produce such evidence as may be necessary and then proceed to pass the order under Section 57.

56. Orders allowing application for purchase to be accompanied by statement.

(1)The order of a Land Tribunal allowing an application for purchase or the order of an appellate authority except where its order is for dismissal of an appeal or rejection of an application for purchase shall be accompanied by a statement in a tabular form specifying-

(a)the description of the land allowed to be purchased and its extent;

(b)the purchase price;

(c)the name and address of the landowner,

(d)the name and address of the intermediaries, if any;

(e)the names and addresses of other interested persons, if any;

(f)value of encumbrances subsisting or claims for maintenance or alimony, if any, charged on the right, title and interest of the landowner

(g)value of encumbrances subsisting or claims for maintenance or alimony, if any, charged on the right, title and interest of the intermediaries;

(h)the names and addresses, if any, of the holders of encumbrances and the persons entitled to maintenance or alimony;

(i)the amount payable to the landowner from out of the purchase price after deducting the value of encumbrances or the claims for maintenance or alimony, if any, charged on his right, title and interest;

(j)the amount payable to each of the intermediaries, if any, after deducting the value of encumbrances or claims for maintenance or alimony, if any. charged on their right, title and interest;

(k)details of the person, if any, at whose instance the property has been attached by a Civil Court and the amount payable under the decree or order of the Court;

(l)the relative priority of the holders of encumbrances or persons entitled to maintenance or alimony, if any.

(2)The Land Tribunal shall, on receipt of an order of the High Court passed in revision, other than an order dismissing a petition of revision or rejecting an application for purchase, prepare a statement referred to in sub-rule ft) on the basis of such order and file such statement as part of the records of the case.Issue of Certificate of Purchase[Section 59(2)]

57. Form of certificate.

- The certificate of purchase referred to in sub' section (2) of Section 59 shall be in Form No. 26 and shall bear the seal of the office of the land (SIC).

58. Copy of Certificate to be furnished to the Taluk Tahsildar.

- A true copy of the certificate of purchase shall be furnished by the Land Board lo the Tahsildar of the Taluk in which the holding is situate who shall fake action for carrying out the necessary changes in the revenue records.Deposit of installments of purchase price[Section 59(4)]

59. Manner of deposit.

(1)The second or any subsequent installment of the purchase price shall be deposited on or before the due date in the Government treasury in a chalan in triplicate countersigned by the Land Tribunal under the appropriate head which will be specified by the Land Board.

(2)One copy of the chalan shall be furnished by the purchaser to the Land Tribunal which shall maintain such accounts as may be directed by the Land Board.[Nomination] [Inserted by SRO. No. 369/00 dated 05/04/1960. published in K.G. Extraordinary No. 271 dated 10/04/1980.]

59A. [ Manner of nomination. [Inserted by SRO. No. 369/00 dated 05/04/1960. published in K.G. Extraordinary No. 271 dated 10/04/1980.]

- The nomination under the proviso to subsection (7) of Section 63 shall be made in Form No. 26A.]Direction regarding deposit of purchase price

60. Deposit of purchase price or value of encumbrance due to private trusts, persons suffering from legal disability, etc.

(1)The purchase price or the value of encumbrance due to a private trust or endowment or a minor or a person suffering from any legal disability, or a limited owner, shall be deposited either in Savings Security Schemes or in the State Bank of India or the State Bank of Travancore [or in the Treasury Savings Bank] [Added by SRO No. 760/73 dated 29/11/1973. published In K.G, Extraordinary No 1342 dated 17/12/1973.], or in any "co-operative bank" as defined in clause (b)-(ii) of Section 2 of the Reserve Bank of India Act, 1934 and which is entitled to carry on the business of "banking" as defined in clause (b) of Section 5 of the Banking Regulation Act, 1949 (as applicable to Co-operative Societies.

(2)In making the deposit, under sub-rule (1), the wishes of the person entitled to the amount or of his legal guardian shall be ascertained and respected as far as possible,

(3)The benefit of the person entitled to the amount shall be the paramount consideration in making the deposit.

(4)Where the amount is due to a minor, the period of the deposit shall, as far as possible,1 be such as will end on his attaining majority.

(5)Where a limited owner has an interest in the amount to be deposited, the deposit may be tor the probable duration of such interest.Procedure for vesting of rights of religious, charitable or educational institutions in Government and determination of annuity(Section 66)

61. Form of application for vesting the rights of institutions in Government.

(1)An application by a religious, charitable or educational institution of a public nature to the Land Board for the vesting of its right, title and interest in the Government shall be in Form No, 27,

(2)On receipt of an application under sub-rule (1) the Land Board, after entering it in a register in Form No. 28, shall direct the Land Tribunals concerned along with a copy of the application to conduct enquiry in respect of the lands situate in their jurisdictions and determine the annuity payable in respect thereof:Provided that the Land Board may, if it so chooses, direct one or more Land Tribunal or Land Tribunals specially appointed for the purpose, to conduct the enquiry and determine the annuity payable in respect of all the lands covered by the application,

(3)Before directing the Land Tribunals under sub-rule (2), the Land Board may require the applicant to furnish such number of copies of the application as are required to furnish to the Land Tribunals,

62. Enquiry about public nature of Institutions.

(1)If a question arises as to whether an institution is a religious, charitable or educational institution of a public nature, the Land Board shall publish a notice in the Gazette calling upon persons who object to the treating of the institution as an institution of a religious, charitable or educational institution of a public nature to file their objections within one month from the date of publication of the notice

(2)A copy of the notice shall also be served on the institution and published on the notice boards of-

(a)the Village office of the Village in which, and of the office of the local authority with in whose jurisdiction, the institution is situate, where such institution is situate within the State;

(b)the office of the Land Tribunal within whose jurisdiction any holding included in the application referred to in Rule 61 is situate and the Village office of the village in which any such holding is situate.

(3)On the expiry of the time allowed for filing objections the Land Board shall conduct such enquiries as it deems fit into the objections, if any, and after giving the institution and the persons who have filed objections a reasonable opportunity of being heard, pass orders,

(4)A copy of the order passed under sub-rule (3) shall be communicated to the institution,

63. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

64. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

65. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

66. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

67. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

68. [ [Omitted by SRO, No; 84377 dated 09/08/1977, published In K.G. Extraordinary No, 532 dated 09/09/1977.]

***]

68A. Payment of interim annuity.

(1)A religious, charitable or educational institution of a public nature which has applied to the Government or the Land Board tor the payment of annuity shall, on application made by it on that behalf and subject to the provisions of this rule, be paid by the Government interim annuity for the year 1970 and for every subsequent year until the annuity payable to it under the Act is paid.

(2)The application under sub-rule (1) shall be in Form Wo. 27A and may be sent by registered post or presented in person, to the Secretary, Land Reforms Department, Government of Kerala.

(3)A separate application shall be made for each year after the commencement of that year.(4} The interim annuity payable to an institution for an year shall be such amount, not exceeding forty per cent of the money value of the annual contract rent to which such institution is entitled from the holdings in respect of which it has applied for annuity, as may be determined by the Government.Explanation. - For the purposes of this sub-rule, the money value of the annual contract rent to which an institution is entitled shall be deemed to be the value specified as such in the application under sub-rule (1).

(5)On receipt, of an application under sub-rule (1), the Government shall, it they are satisfied that there are sufficient grounds to believe that the applicant is a religious, charitable or educational institution of a public nature and that the institution has applied for annuity, issue an order in Form No. 34A in favour of the institution.

(6)The provisions of sub-rules (5) and (6) Of Rule 68 shall, so lar as may be, apply to an order issued under sub-rule (5) of this rule and to the disbursement of the interim annuity in pursuance of such order.

(7)The interim annuity pa id to an institution under this rule shall be adjusted to wards the annuity payable to that institution under the Act, in such manner as may be determined by the Government.

(8)Without prejudice to any other mode of recovery, any amount paid under this rule to an institution which is found to be not entitled to annuity under the Act, shall be recoverable from such institution in the same manner as if such amount were an arrear of public revenue due on land

68B. [ Revision of annuity. [Inserted by G.O.(P) No. 12/2009/RD.dated 6.1.2009 in K.G. Extraordinary No. 65 dated 8.1.2009.]

(1)A religious, charitable or educational institution of a public nature receiving annuity under Section 66 may apply to the Land Tribunal, in whose jurisdiction such institution is situated, for revision of annuity under Section 67A,

(2)An application for revision of annuity under sub-rule (1) Shall be in Form 27B.

(3)On receipt of an application under sub-rule (1), the Land Tribunal, shall make due verification in respect of each application and shall forward the application to Land Board, together with their remarks.

(4)On receipt of the application under sub-rule (3). the Land Board shall consider it and forward the eligible ones to the Government for revision, specifying the amount to be sanctioned as revised annuity. If the annuity under Section 66 for any previous years, after the commencement of the Kerala Land Reforms (Amendment) Act, 2005 (1 of 2006), has been paid before the dale of application for revision of annuity, the amount in short of the revised annuity shall also be specified.

(5)All eligible applications under sub-rule (3) shall be forwarded to the Land Board within three months from the dale of its receipt and the Land Board shall forward all eligible applications to the Government within three months from the date of its receipt.

(6)Notwithstanding anything contained in the foregoing provisions, in no case, where only, interim annuity has been ordered to the religious, charitable or educational institution of a public nature, the applications shall be forwarded to the Government. In cases, where only interim annuity has been ordered, the Land Board, shat! decide the annuity payable to such institution in accordance with Section 66 and the rule made thereunder in the first instance and then forward the application to the Government.]Rent payable by Government when intermediary's rights vest in them

69. Rent payable by Government.

(1)Where the right, title and interest of a religious, charitable or educational institution of a public nature having interest as an intermediary in respect of a holding, are vested in the Government, and the Government become a tenant holding under the landlord of the intermediary aforesaid, the Government shall be bound to pay such landlord, the rent to which he would have been entitled, had the right, title and interest of the intermediary not vested in the Government.

(2)The rent shall be payable on the same date on which it would be payable and the arrears of rent shall bear the same rate of interest which the arrears would have carried, had the right, title and interest of the intermediary not vested in the Government.

(3)The Land Board shall issue to every person who is entitled to payment of rent by the Government an order in such form as may be prescribed by the Land Board specifying the amount of rent due to him, the date on which the rent is due, the rate of interest the arrears of rent will bear and a clear description of the land in respect of which the rent is payable.

(4)The rent shall be disbursed to the person entitled to it, by the Treasury Officer of the nearest Treasury on the presentation of a claim in such form as may be prescribed by the Land Board.

(5)Copy of the order referred to in sub-rule (3) shall be furnished to the Accountant General for authorising payment of the same at the Treasury through which the rent is to be paid,

(6)The rent shall be disbursed to the person to whom it is due by the Treasury Officer on presentation of the person's copy of the order together with a claim in such form as may be prescribed by the Land Board countersigned by the Tahsildar of the taluk in which the (7) Before countersigning the Claim referred to in sub-rule (6) the Tahsildar shall satisfy himself that the liability of the Government to pay the rent continues.

(8)The Treasury Officer shall maintain a register of such payments in such form as may be prescribed by the Land Board in consultation with the Accountant-General.

(9)The Land Board shall prepare and submit to the Government every year estimates of the rents payable by I he Government to the various landlords for inclusion in the Budget under Such head and on such date as the Government, in the Finance Department may prescribePersons Continuing as Tenants under Government(Section 71)

70. Register of persons holding as tenants under Government.

(1)The Land Board shall cause-

(a)the preparation of a register of persons continuing as tenants under the Government in a form to be prescribed by the Land Board; and

(b)the cancellation of the pattas in respect of the lands held by such tenants, and the issue of fresh documents to the tenants specifying-

(i)the land revenue assessment, taxes and cases, if any, payable in respect of the (and and the dates on which they are payable;

(ii)the rent payable to the Government and the date on which it shall be payable, and the rate of interest on arrears of rent.

(2)The Land Board or any other authority duly authorised in that behalf by the Land Board, may call for from any person or institution such statement or information necessary for the purposes of this rule and Rule 71, and every person or institution required to furnish such statement or information shall be bound to furnish the same.

71. Rent to whom to be paid.

(1)The rent due in respect of the land shall be paid to the Village Officer of the Village in which the land is situate and every Village Officer shall maintain a register for the purpose in such form as may be prescribed by the Land Board.

(2)The Land Board shall prepare and submit to the Government every year estimates of receipts by way of rants payable by persons continuing as tenants under the Government, for inclusion in the Budget under such head and on such date as the Government, in the Finance Department, may prescribe.Acquisition of alternative sites for shifting Kudikidappukars[Section 75(3) to (3E)]

72. Form of application for shifting Kudikidappukaran.

(1)The application to the Government by a holder of land for acquisition of land for shifting a kudikidappukaran shall be in Form Mo. 35.

(2)Upon receipt of such an application, the Officer authorised by the Government in this behalf shall make such enquiry as he may deem fit alter giving the applicant as well as the Kudikidappukaran an opportunity of being heard and after giving them copies of documents on which reliance is placed by him and it he is satisfied that the applicant requires the land occupied by the kudikidappu tor constructing a building for his own residence and that the total extent of land held by him on the 1st day of July, 1969, either as owner or as tenant was less than one acre, he shall require the applicant to deposit eighty seven and a half per cent of the cost of acquisition of the land to be acquired and to execute an agreement undertaking to pay the same percentage of any increase in, the compensation for the land acquired,

(2A)If the Officer is satisfied after the enquiry referred to In sub-rule (2) that the applicant does not require the land occupied by the kudikidappu for constructing a building for his own residence or that total extent of land held by the applicant on the 1st day of July, 1969. either as owner or as lenant was one acre or more or if the applicant is not prepared to deposit eighty seven and a half per cent of the cost of acquisition of the land to be acquired or to execute an agreement undertaking lo pay the same percentage of any increase in the compensation for the land to be acquired, the officer shall forward a report of his enquiry together with his conclusion thereon to the Government for their orders.

(2B)The Government shall, after considering the report and the conclusion of the officer and after affording an opportunity to the person affected to state his case pass such order thereon as they think fit.

(2C)The order of the Government under sub-rule (2B) shall not be called in question in any Court solely on the ground that the inquiry by hearing the parties and furnishing relevant records was conducted by the officer and not the Government.

(3)As soon as may be after the applicant deposits his share of the cost of acquisition, the officer shall take steps to acquire the necessary land, transfer possession of such land to the Kudikidappukaran and require him to shift to the sard land.

(4)In choosing the necessary land to r acquisition, t he following order of p reference shall, as far as possible, be observed, namely:-

(a)land in the vicinity of the Kudikidappu;

(b)land situate within the jurisdiction of the same local authority with In whose jurisdiction the kudikidappu is situate;

(c)land situate within the jurisdiction of any adjacent local authority.

(5)The land to be acquired shall be fit for erecting a homestead and shall, as far as possible, be not greater in value than the land on which the Kudikidappu is situate.

(6)Where the Kudikidappukaran shifts to the land so acquired, the officer shall arrange for the issue of a patta in Form No. 36 to the Kudikidappukaran in respect of such land,

72A. [ Eviction of Kudikidappukars. [Inserted by SRO Mo. 583/73 dated 22/09/1973, published in K G. Extraordinary Ng, 932dt 25/09/1973.]

(1)If a Kudikidappukaran does not shift the kudikidappu before the date specified in the order of the Land Tribunal under sub-section (2) of Section 77, or where the certificate of purchase issued to a Kudikidappukaran under Section 80 C is in respect of another portion of the land and the Kudikidappukaran does not vacate the existing kudikidappu within a reasonable time, the person in possession of the land in which the kudikidappu is situate may apply in writing to the Land Tribunal requesting far eviction of the Kudikidappukaran from the kudikidappu.

(2)On receipt of an application under sub-rule (1), the Land Tribunal may. after such enquiry as it deems fit, issue a warrant in Form No, 36A to any of the members of his staff or to the Village Officer of the Village in which the kudikidappu is situate, to evict the kudikidappukaran from the kudikidappu.

(3)The person to whom the warrant is issued under sub-rule (2) shall, after evicting the kudikidappukaran. from the kudikidappu. return the warrant, and the Land Tribunal shall, on being satisfied that the warrant has been duly executed, countersign the same and keep it as part of the records of the case,

(4)Where the person directed to execute the warrant fails on the date fixed therein to evict the kudikidappukaran, the Land Tribunal may issue another warrant to the same person or any other member of his staff,

(5)The Land Tribunal may, at any time, recall or cancel any warrant issued under sub-rule (2) or sub-rule (4) and may also order necessary police or other assistance to be rendered for the due execution of the warrant.]Register of Kudikitfappukars(Section 80)

73. Form of register of Kudikidappukars.

(1)The register or kudikidappukars shall be in Form No. 37,

(2)Besides the particulars specified in sub-section (2) of Section 80. the register shall contain the following particulars, namely.-

(a)whether the kudikidappu consists of homestead or hut;

(b)name and address of the person to whom the hut belongs;

(c)plinth area of the homestead or hut;

(d)whether the homestead or hut has been repaired improved or reconstructed by the kudikidappukaran on or after the 1st January 1970, by extending the plinth area and if so-

(i)when; and

(ii)the original plinth area and the extended plinth area,

74. Procedure for registration and form of application.

(1)Any kudikidappukaran desirous of having his name registered in the register of kudikidappukars may apply in Form No. 33 to the local authority within whose jurisdiction his kudikidappu is situate.

(2)On receipt of the application, the local authority shall arrange to obtain through its staff a report in Form No. 39 of the particulars necessary for the preparation of the register and a sketch of the land in which the kudikidappu is (SIC) of the kudikidappu, the part ordinarily used by the occupant of the kudikidappu for ingress to and egress from the kudikidappu and other easements, if any,

(3)On receipt of the report and the sketch, the local authority shall give notice in Form No. 40 together with copies of the application and the report without the sketch to the applicant, the landowner, the person in possession of the land in which the kudikidappu is situate and the owner of the hut, if any, calling upon them to file objections, if any, and requiring them to enter appearance at the time and date specified in the notice for enquiry into the application.

(4)The notice under sub-rule (3) shall also be published in the notice boards of the office of the local authority and of the village office of the village in which the kudikidappu is situate.

(5)On the date specified in the notice or on any other date lo which the enquiry may be adjourned, the local authority shall conduct a summary enquiry into the matter, peruse the application, the report, the sketch prepared under sub-rule (2). and the claims or objections filed, if any, hear such of the persons who appear and decide whether registration should be refused or allowed, and if allowed the local authority shall also settle the particulars to be entered in the register.

(6)Any interested person who has not received the notice referred to in sub-rule (3) may also appear before the focal authority and put forth his claims and objections, if any, at time of enquiry,

(7)The decision about registration shall be by an order in writing which shall specify the date on which it was pronounced, the exact particulars, if any. to be entered in each column of the register and the reasons for registration or its refusal: and such order shall be pronounced openly at the close of the enquiry or on any other date to which the pronouncement of the order may be adjourned.

(8)All costs incurred by a local authority in connection with the preparation of the register of kudikidappukars shall be borne by that local authority.

75. Appeal against registration or refusal.

(1)Any person aggrieved by the registration of, or refusal to register, a Kudikidappukaran may, within ninety days from the date of pronouncement of the order of the local authority under sub-rule (7) of Rule 74, present a petition of appeal in writing to the Revenue Divisional Officer or to the Tahsildar, as the case may be. setting forth briefly the grounds for such appeal.

(2)Where, for the purposes of appeal, record of the proceeding is called for, the record shall be forwarded by the local authority: and where the appeal relates to a case of registration, the local authority shall also forward a true copy of the relevant entries in the register.

(3)Where the Revenue Divisional Officer or the Tahsildar, as the case may be, hearing the appeal, is of opinion that any entry or entries in the register should be modified, or, in a case where the appeal is against refusal of registration, that the appellant is entitled to registration, the Revenue Divisional Officer or the Tahsildar shall where he is not remanding the case, specify in his order the modifications to be made, or as the case may be, the entries to be made in the register.

(4)The Revenue Divisional Officer or the Tahsildar as the case may be shall Communicate a Copy of the Order Passed in the Appeal to the Local Authority Concerned.

76. Maintenance of register, certified copies and inspection.

(1)The Commissioner or the Executive Officer, as the case may be of the local authority shall be responsible for the maintenance of the register.

(2)The Officer responsible for the maintenance of the register shall, as soon as may be after the focal authority pronounces an order allowing registration, and, where the local authority receives a copy of the order passed in appeal against its order, after receipt of such order, make necessary entries in the register or modify the entries in the register on the basis of the order in appeal and get it initialled by the Mayor, Chairman or President, as the case may be, of the local authority.

(3)The officer responsible for the maintenance of the register shall not have the power to make any corrections to the entry except on the order of any competent authority.

(4)Any person desiring to obtain a certified copy of the entries in the register may present an application in that regard with a court-fee stamp of twenty five paise to the Commissioner or the Executive Officer, as the case may be, of the (local authority and thereupon the local authority shall grant a certified copy of the entries asked for to the applicant.

(5)Every application for a certified copy shall be accompanied by sufficient number of copying sheets necessary far preparing the copy and a fee of one rupee in cash.

(6)All certified copies shall be certified to be true copies by the Commissioner or the Executive Officer, as the case may be, of the local authority granting such copies and shall also be sealed with his office seal.

(7)The Commissioner or the Executive Officer, as the case may be, of the local authority shall arrange to prepare a village and survey number wise index for the register of kudikidappukars,

(8)Any person desiring to inspect the register of kudikidappu kars shall present an application to the Commissioner or the Executive Officer, as the case may be, of the local authority specifying the village, the survey number and the sub-division number of the land In which the kudikidappu is situate.

(9)The fee for such inspection shall be two rupees and the applicant shall pay the fee in cash along with the application.

(10)On receipt of an application under sub code (8), the Commissioner or Executive Officer, as the case may be, shall arrange for the inspection of the register in his presence during office hours and the applicant shall be entitled to read the entries in the register, but shall not be entitled to take a copy of the entries in the register or part thereof or to take extracts therefrom,Purchase of kudikidappu(Sections 80A to 80G)

77. Lands adjoining kudikidappu and determination of market value.

(1)The Land Tribunal shall, as far as possible, make available to the kudikidappukaran for his purchase, such portion of the land adjoining the kudikidappu which is necessary or useful for the convenient enjoyment of the kudikidappu:Provided that the Land Tribunal shall, as far as practicable, make available the Portion which when purchased will cause the least inconvenience to the person in possession of the land in which the kudikidappu is situate.

(2)The market value of the land to be purchased by a kudikidappukaran shall be determined in the manner provided in the Kerata Land Acquisition Act, 1961, for acquisition of land under that Act,

78. Time for application to require kudikidappukaran to purchase another portion and procedure thereon.

(1)The application under sub-section (9) of section BOA by the person in possession of the land in which the kudikidappu is situate shall be made within thirty days from the date fixed for his appearance before the Land Tribunal in the notice duly served ort him under sub-rule (2) of rule 79.

(2)The application shall be in writing setting forth all the grounds on which he claims his relief and shall be accompanied by a rough sketch of the land in which the kudikidappu is situate showing the location of-

(a)the kudikidappu to which the application for purchase relates;

(b)other kudikidappus, if any, on the land;

(c)buildings, if any, in the land; and

(d)other particulars, if any, material to elucidate such grounds,

(3)An additional copy of the application and the rough sketch and other particulars, if any, material to elucidate such grounds shall also be furnished to the Land Tribunal for service on the kudikidappukaran,

(4)The Land Tribunal shall give notice of the application to the kudikidappukaran, specifying the date to which the application is posted for hearing, together with the copy of the application and the rough sketch.

(5)The Land Tribunal shall thereafter conduct such summary enquiry as he deems fit and after giving the applicant and the kudikidappukaran a reasonable opportunity of being heard, pass such order as it thinks fit,

(6)Where the Land Tribunal requires the kudikidappukaran to purchase another portion, it shall arrange for the option to be exercised by the kudikidappukaran within such time as is allowed by the Land Tribunal and in the presence of a member of its staff deputed for the purpose, and. as far as practicable in the presence of the applicant and two witnesses.

(7)The member of the staff of the Land Tribunal deputed for the purposes of sub-rule (6) shall, in a sketch to be drawn by him of the land in which the kudikidappu is situate, mark the portion for which option is exercised, obtain the signature of the kudikidappukaran and the witnesses, if any, and also of the applicant in cases where The Option is exercised with his Consent.

(8)The Land Tribunal shall on perusal of the sketch and the report, if any, of the member of its staff, or. where such member reports that the kudikidappukaran failed to exercise the option, on perusal of such report, and after giving the applicant and the kudikhdappukaran a reasonable opportunity of being heard, pass such order as it thinks fit.

(9)Where the Land Tribunal holds that the option exercised is in accordance with the provisions of sub-section (9) of Section 80A. it shall, in the application for purchase, determine the market value of the portion of the land so opted and proceed to pass orders under sub-section (3) of Section 80B.

(10)Where the Land Tribunal holds that the kudikidappukaran has failed to exercise the option or that the option exercised is not in accordance with the provisions of subsection (9) of Section 80A, it shall dismiss his application for purchase under subsection (3) of Section 80B.

79. Application for purchase of kudikidappu and procedure thereon.

(1)The application under sub-section (1) of Section 80S shall be in Form No. 41.

(2)On receipt of an application referred to in sub-rule (1), the Land Tribunal shall issue notice of such application in Form No. 42 to the person in possession of the land in which the kudikidappu is situate, the landowner and the intermediaries, if any, in respect of such land, the holder of encumbrance, if any, charged on the right, title and interest of the landowner or intermediaries or the person in possession of such land, the person, if any, entitled to maintenance or alimony charged on such right, title and interest and other kudikidappu kars, if any, in such land and where the hut belongs to any person other than the landowner, intermediary or person in possession of the land, to such person also.

(3)A copy of such notice shall also be published-

(a)on the notice boards of the office of the Land Tribunal, the Village Office of the village in which the kudikidappu to which the application for purchase relates is situate, and the office of the local authority within whose jurisdiction such kudikidappu is situate; and

(b)by affixture on the land in which such kudikidappu is situate,

80. Person In possession to disclose certain Information.

(1)The person in possession of the land in which a kudikidappu is situate shall, where he appears before the Land Tribunal in pursuance of a notice under sub-rule (2) of Rule 79, or when required by the Land Tribunal, file a written statement of his defence, if any, to the application, accompanied by a statement certified by him to be correct setting forth-

(a)the extent of lands [as specified in sub-section (12) of Section 80A] held by him;

(b)the taluk and vilage ln which,and the local authority with in whose jurisdiction, each item of such lands is situate;

(c)the survey number and sub-division number, or a sufficient description of each item of such lands;

(d)the extent of each item of such lands;

(e)whether there are kudikidappukars in any item of such lands;

(f)the number of kudikidappukars, if any. in each item of land with the names (SIC);

(g)whether to his knowledge any application for purchase of kudikidappu and lands adjoining thereto in respect of any land held by him has been filed by any person and if so the details of such application:

Provided that where the extent of lands as specified in sub-section (12) of Section 80A] held by a person is five acres or more, it shall not be necessary for him to furnish the particulars referred to in clauses (b) to (g) of this sub-rule,

(2)The Land Tribunal may. where it thinks it necessary so to do summon and examine on oath the person in possession of the land in which the kudikidappu is situate to ascertain any particulars necessary for the disposal of the application for the purchase of that kudikidappu.

(3)Where any person fails to file a statement under sub-rule (1) or to appear when summoned under sub-rule (2) or fails to disclose particulars when examined under that sub-rule, he shall be liable, without prejudice to any other penalties to which he may be liable, to have his defence, if any, struck out and to be placed in the same position as if he had not defended the application,

81. Status of applicant to be decided as a preliminary issue.

- Where there is dispute as to whether the applicant is or is not a kudikidappukaran, the Land Tribunal shall decide such dispute as a preliminary issue and record a finding on such issue; and where such finding is that he is not a kudikidappukaran. the Land Tribunal shall forthwith dismiss his application.

82. Local enquiry where person admits possession of five acres or more of land.

(1)Where, in an application for purchase, the person in possession of the land in which the kudikidappu is situate admits that the extent of lands held by him is five acres or more, the Land Tribunal shall,-

(a)where an application by such person to require the kudikidappukaran to opt for any other portion is rejected, after such rejection; or

(b)where there is a dispute as to whether the applicant is a kudikidappukaran Or not, after the decision on such dispute; or

(c)where there Es no such application or such dispute, after the period referred to in sub-rule (1) of Rule 78 is over cause a local enquiry to be made through a member of the staff of the Land Tribunal-

(i)to ascertain as to whether there are any other kudikidappukars or other persons claiming to be kudikidappukars in the land in which the kudikidaonu is situate-

(ii)to find out whether such kudikidappukars or other persons have applied for purchase of their kudikidappus and if applied the details of such applications; and

(iii)to collect such other information as is considered necessary by the Land Tribunal for the disposal of the application;

Provided that no such enquiry need be made in a case where an enquiry under this rule has been made on another application for purchase of a kudikidappu in the same land.

(2)The Land Tribunal shall also direct the officer making such enquiry to serve on the kudikidappukars and other persons claiming to be kudikidappukars in the land who have not by then applied for purchase of their kudikidappus a written requisition requesting them to apply for purchase on or before a date to be specified by the Land Tribunal.

(3)Where the report of the local enquiry discloses that there are no other kudikidappukars or other persons claiming to be kudikidappukars, on the land, the Land Tribunal shall proceed to dispose of the application for purchase.

(4)Where such report discloses that there are other kudikidappukars or other persons claiming to be kudikidappukars or both on the land and that all of them have filed applications for purchase, the Land Tribunal shali proceed to have a joint consideration of all the applications for purchase of kudikidappus in respect of that land,

(5)Where such report discloses that there are other kudikidappukars or other persons claiming to be kudikidappukars in the land, the Land Tribunal shall wait til) the time specified under sub-rule (2) is over and then verify from the records in its office as to whether any other application for purchase has been received till then and,-

(a)if no such application has been received proceed to dispose of the application for purchase already received;

(b)it other applications, have been received proceed to have a joint consideration of all applications for purchase relating to that land received till then.

83. Local enquiry in cases, not falling under Rule 82.

(1)in an application tor purchase of kudikidappu not falling under Rule 82, the Land Tribunal shall cause a local enquiry to be made in respect of all the lands held by the person in possession of the land in which the kudikidappu is situate and the provisions of sub-rules (1) and (2) of Rule 82 shall, so far as may be, apply to such enquiry,

(2)In respect of such of the lands, if any. situate within the jurisdiction of any other Land Tribunal, the Land Tribunal, shall request such other Land Tribunal to cause a similar enquiry to be made through its staff in respect of such lands within its jurisdiction.

(3)Where the report of the local enquiry discloses that there are no other kudikidappukars or other persons claiming to be kudikidappukars in such lands, the Land Tribunal shall proceed to dispose of the application for purchase,

(4)Where such report discloses that there are other kudikidappukars or other persons claiming to be kudikidappukars or both and that such kudikidappukars or other persons are in lands situate within its jurisdiction and that all of them have filed applications for purchase, the Land Tribunal shall proceed to have a joint consideration of all the applications for purchase respect of such lands.

(5)Where all or some of the kudikidappukars or other persons referred to in sub rule (4) have not app! d for purchase, the Land Tribunal shall wait till the time allowed for presenting applications for purchase is over and then verify from the records in its office as to whether any other application for purchase has been received till then and,-

(a)if no such application has been received, proceed to dispose of the application for purchase already received;

(b)if there are other applications, proceed to have a joint consideration of all applications for purchase relating to such lands received till then.

(6)Where the report discloses that there are kudikidappukars or other persons claiming to be kudikidappukars in lands situate outside the jurisdiction of the Land Tribune! it shall make arrangements through the Land Board to have a joint consideration of all the applications for purchase filed till then or to be filed within the period allowed for presenting applications for purchase:Provided that if no application for purchase has been filed before such other Land Tribunal within the said period; the Land Tribunal may proceed to dispose of the application or applications before it separately or jointly, as the case may be.

84. Land Tribunal to determine number of kudikidappus.

- Before the extent of land that a kudikidappukaran is entitled to purchase is determined, the Land Tribunal shall, after such enquiry as it thinks fit, decide the number of kudikidappus (including the kudikidappus for which applications for purchase have not been filed) situate-

(a)in the land in which the kudikidappus are situate, in cases where the person in possession of such land held five acres or more of land on the 1st July, 1969, and

(b)in all the lands held by the person in possession of the land in which the kudikidappus are situate, in other cases.

85. Contents of order on applications for purchase of kudikidappu.

- An order on an application for purchase of kudikidappu, where the purchase allowed is of another portion of the land in which the kudikidappu is situate, shall, besides the particulars mentioned in sub-section (4) of Section 80B, specify the price of the homestead, if any, the cost of shifting the kudikidappu payable to the kudikidappukaran and the purchase price payable, if any, after set off of such amounts.

86. Statement to be appended to certain orders.

(1)The order of a Land Tribunal allowing an application for purchase or the order of an appellate authority (except where the order is for dismissal of an appeal or remand of the case or rejection of an application for purchase) shall be accompanied by a statement in a tabular form specifying.

(a)the name and address of the kudikidappukaran who has been allowed to purchase;

(b)the extent of land which the kudikidappukaran is entitled to purchase;

(c)whether the purchase relates to kudikidappu and lands adjoining thereto or another portion of the land in which the kudikidappu is situate;

(d)the amount of the purchase price [***] [The Words 'and the amount due from the kudikidappukaran' Omitted by SRO No. 1278/88 Published in K.G. Extraordinary 686, dated 22.7.1989.]

(e)the name and address of the landowner;

(f)the name and address of the person in possession of the land in which the kudikidappu is situate;

(g)the name and address of the intermediary or each of the intermediaries, if any;

(h)the purchase price due on apportionment to-

(i)the landowner:

(ii)the intermediary or each of the intermediaries, if any; and

(iii)the person in possession;

(i)the name and address of the holders of encumbrances, if any, and persons, if any, entitled to maintenance or alimony, and the amount due to each of them and charged on the right, title and interest of-

(i)the landowner;

(ii)the intermediary or each of the intermediaries, if any; and

(iii)the person in possession of the land;

(j)the purchase price due to

(i)the landowner;

(ii)the intermediary or each of the intermediaries, if any; and

(iii)the person in possession of the land in which the kudikidappu is situate, after deduction of the value of encumbrances and claims for maintenance or alimony;

(k)the order of priority for payment of encumbrances and claims for maintenance or alimony;

(l)where the order relates to another portion of the land,-

(i)the price of the homestead;

(i)the landowner;

(ii)the intermediary or each of the intermediaries, if any; and (iii) the person in possession of the land.

(ii)the cost of shifting the kudikidappu;

(iii)the name of the person liable to pay the same to the kudikidappukaran;

(iv)the purchase price after set off of the amounts due to the kudikidappukaran;

(v)the amounts payable on apportionment of such purchase price to-

(2)The Land Tribunal shall, on receipt of an order of the High Court passed in revision (other than an Order dismissing a petition of revision or rejecting an application for purchase) prepare the statement referred to in sub-rule (1) on the basis of such order and file such statement as part of the records of the case.

87. Certificate of purchase.

- The certificate of purchase of a kudikidappu and the lands adjoining thereto, or any other portion of the land in which the kudikidappu is situate, shall be in Form No. 43.

88. Plan of Kudikidappu and lands adjoining thereto to be appended to Certificate of Purchase.

(1)Where (SIC) the land allowed to be purchased, inclusive of the land on which the kudikidappu is erected or constructed shall be plotted in a sketch of the land in which such kudikidappu is situate; and such sketch shall form part of the records of the case.

(2)Where an appellate authority makes any modification to the extent or location or both of the land allowed to be purchased by the Land Tribunal, it shall indicate in the sketch referred to in sub-rule f1) the extent or location or both as modified by such authority and certify in that sketch in its own hand the fact of such modification

(3)Where the High Court in revision makes any modification to the extent or location or both of the land allowed to be purchased by the Land Tribunal or the appellate authority, the Land Tribunal shall arrange to prepare a revised sketch in accordance with the modifications so ordered.

(4)A copy of the final sketch prepared or modified under this rule shall be appended to the certificate of purchase

88A. [ Copy of certificate of purchase and final skeicn to be furnished to the Taluk Tahsildar and the Assistant Director of Survey and Land Records (Resurvey). [Substituted by SRO. No. 497/71 dated 30.11.1971, Published in Kerala Gazette No. 49, dated 21.12.1971.]

- A true copy of the certificate of purchase referred to in Rule 87 together with a true copy of the final sketch referred to in sub-rule (4) of Rule 88 shall be furnished by the Land Tribunal-

(i)to the Tahsildar of the Taluk in which the land allowed to be purchased is situate and thereupon the Tahsildar shall take action for carrying out the necessary changes in the revenue records;

(ii)to the Assistant Director of Survey and Land Records (Resurvey) in areas where resurvey has been taken up and thereupon the Assistant Director shall take action to note the change of ownership in the resurvey records.]

89. [ Authority or bank in which purchase price due to private trust, endowment, etc. is to be deposited. [Substituted by SRO. No. 1278/89, published in K.G Extraordinary No. 693 dated 22/07/1989.]

- The provisions of Rule 60 shall so far as may be, apply to the payment of purchase price by the Government to the persons mentioned in sub-section (7) of Section 80E.]

89A. [ Manner of nomination. [Inserted by SRO. No. 369/80 dated 05/04/1980, published in K.G Extraordinary No. 1271 dated 10/04/1980.]

- The nomination under the proviso to subsection (6) of Section 80E shall be made in Form No. 26A.]

Chapter III
Land Board [Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.], Appellate Authority And Land Tribunal

90. Headquarters of Land Tribunal, Appellate Authority and Land Board.

(1)The headquarters of the Land Board shall be the headquarters of the Government or such other place as may be fixed by the Government.

(2)[ The headquarters of the Land Tribunal or the appellate authority [or the Taluk Land Board] [Substituted by SRO. No. 464/71, dated 23/11/1971, published in K.G Extraordinary No 47 dated 07/12/1971.] shall be at such place as may be fixed by the Government, but it may hold camp sittings at any other place within or outside its area of jurisdiction under the general or special orders of the Land Board:]

91. Power to call for particulars.

- The [Land Board, the Taluk Land Board and the Land Tribunal] [Substituted by SRO. No. 355/73 dated 02/06/i 973, published in K.G Extraordinary No. 479 dated 02/06/1973.] shall be competent to call for any particulars from any party for the purpose of implementing the provisions of the Act, and the party, when so called upon, shall be bound to furnish the same.

91A. [ Power of the Land Board and Taluk Land Board to implead parties. [Inserted by SRO No. 452/70, dated 17.5.1978, published in K.G. Extraordinary 334 dated 24.5.1978.]

- The Land Board and the Taluk Land Board shall have the power to implead as parties in any proceeding pending before it, the assignees of parties or the legal representatives of deceased parties; and the provisions of Section 146 of the Code of Civil Procedure, 1908 and order XXII of the First Schedule to the said Code shall, as far as may be, apply to the proceedings of impleading the assignees or the legal representatives.]

92. Powers of Land Tribunal.

(1)For the purposes of implementing the provisions of the Act and these rules, the Land Tribunal shall have power to issue commissions, grant injunctions, appoint receivers and make during the pendency of the proceedings such other interlocutory orders as may appear to the Tribunal to be just and necessary to meet the ends of justice.

(2)The Land Tribunal shall have power to allow amendments of petitions or applications made before it, or sent to it for disposal, in accordance with the procedure laid down therefor in the Code of Civil Procedure, 1908.

(3)The Land Tribunal shall also have the power to add as parties the legal representatives of a deceased party in any proceedings pending before it; and the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908, shall, as far as may be, apply to the proceedings for impleading the legal representatives.

(4)The period of limitation for applications for impleading legal representatives shall be ninety days from the date of death of the party.

93. Appearance through recognised agent.

- A recognised agent may examine and cross-examine witnesses, argue and do such other acts as are necessary for the proper conduct of the case on behalf of the party appointing him.Appeals and Revision(Sections 102 and 103)

94. Time for appeal.

(1)Any appeal from the orders of the Land Tribunal shall be filed within sixty days from the date of the order appealed against.

(2)Any petition to the High Court against any final order passed in an appeal against the orders of the Land Tribunal or any final order passed by the Land Board [for Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973.] shall be preferred within [forty five days] [Substituted by SRO No. 381/71, published in K.G dated 16/10/1971, for 'ninety days'.] of the date of the order against which the petition is to be preferred:[Provided that the time within which such a petition may be preferred by the Government shall be [one year] [Added by SRO. No. 137/78dated 01/2/1978, published in K.G Extraordinary No. 90dated 13/02/1978.] from the date of the order against which the petition is to be preferred.]

(3)In computing the time prescribed under sub-rule (1) or sub-rule (2), the time requisite for obtaining an attested copy of the order shall be excluded.

94A. [ Government to be made party in certain revision petitions before High Court. [Inserted by SRO. No. 672/72 dated 14/11/1972, published in K.G No. 50 dated 19/12/1972.]

- In every petition before the High Court against any final order passed by the Land Board under the Act, other than an order passed under clause (d) of subsection (2) of Section 101, [or against any final order passed by the Taluk Land Board], the Government shall also be made a party.]

95. Staff of Land Board, appellate authority and Land Tribunal.

(1)The Land Board shall have a Secretary not lower in rank than that of a Deputy Collector [a Financial Assistant] [Inserted by SRO. No. 207/74 dated 15/03/1974, published in K.G Extraordinary No. 307 dated 20/03/1974.] and such other staff as the Government may sanction from time to time.

(2)Every [Land Tribunal, Appellate Authority and Taluk Land Board] [Submitted by SRO.No 355/73, 02/06//973, published in K.G. Extraordinary No.479 dated 2.6.1973.] shall have such staff as may be sanctioned by the Government.

(3)The appointing authority of the Secretary [and the Financial Assistant] [Inserted by SRO. No. 207/74 dated 15/03/1974, published in K.G Extraordinary No. 307 dated 20/03/1974.] to the Land Board shall be the Government, and the appointing authority for other posts under the Land Board and the staff of the 23[Land Tribunal, the appellate authority and the Taluk Land Board] shall be the Secretary to the Land Board.

(4)Members of the staff of the [Land Board, the Taluk Land Board, the appellate authority] [Submitted by SRO.No 355/73, 02/06//973, published in K.G. Extraordinary No.479 dated 2.6.1973.] and the Land Tribunal shall be regular Government Servants, and may be appointed from the Revenue or Judicial or other Departments of the Government as may be determined by the Government, and persons so appointed shall be treated as temporary additions to the respective cadres.

(5)A member of the Land Board's staff so appointed by the Land Board where the Board consists of a sole member or by the Chairman of the Board, where the Board consists of three members, shall function as the Head Ministerial Officer of the Board, [and a member of the staff of the Taluk Land Board or of the appellate authority or of the Land Tribunal so appointed by the Chairman of the Taluk Land Board or the appellate authority or the Land Tribunal, as the case may be, shall function as its h«ad ministerial officer.] [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.]

(6)The Land Board where the Board consists of a sole member, or the Chairman of the Land Board where the Board consists of three members, shall have all the powers of the Head of a Department,

96. [ Working days and office hours. [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.]

- The working days and office hours of the Land Board, the Taluk Land Boards, the appellate authorities and the Land Tribunals shall be the same as those of the Offices of the Government:Provided that the land Board or any Taluk Land Board or appellate authority or Land Tribunal may, for reasons to be recorded in writing, hold sittings outside office hours or on any day other than a working day.]

97. Constitution of Benches of Land Board.

- The Chairman of the Land Board shall constitute, as and when necessary, Benches for exercising the functions of the Board and give timely intimation thereof to the members of the Bench.

98. [ Sittings to be open. [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.]

- The sittings of the Land Board and of every Taluk Land Board, appellate authority and the Land Tribunal shall be held openly.]

99. Posting book.

(1)There shall be a posting book in Form No. 44 in the Land Board [and in every Taluk Land Board, appellate authority] [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] and Land Tribunal.

(2)The entries in the posting book shall be made by the bench clerk on each day immediately after the sitting for the day is over.

(3)The details of postings of all the cases which had come up before the Land Board, [the Taluk Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.], the appellate authority or the Land Tribunal, as the case may be, on the day, shall be entered in the posting book.

100. Roll call of cases.

- The bench clerk shall make the posting book available to the Land Board, [the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] the appellate authority or the Land Tribunal, as the case may be, and the case posted for each day shall be called out as soon as the sitting commences.

101. Diary register.

(1)A diary register shall be maintained in Form No. 45 by the Land Board, [the Taluk Land Boards] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.], the appellate authorities and the Land Tribunals, and separate pages must be allotted in the register for each case.

(2)The diary register shall contain concise but faithful entries relating to every proceeding and stage in the application or appeal, as the case may be, beginning with its institution and ending with its final disposal.

(3)The gist of the application or appeal, as the case may be, and the orders thereon shall be entered in the register.

(4)The gist shall be written up by the bench clerk promptly and systematically in blue black ink and shall be initialled on the dates of posting by the Land Board or by the Chairman or a member of the Land Board where it consists of three members [or by the Chairman or a member of the Taluk Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] or by the appellate authority or by the Land Tribunal, as the case may be.

102. Extract from diary register to be furnished to appellate or revising authority along with records of case.

- Whenever the records of the Land Tribunal or the appellate authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board in a case are called for by the appellate or revising authority under the Act, the Land Tribunal or the appellate authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board, as the case may be, shall along with the records, furnish a true extract from the diary register relating to that case duly signed-

(a)by the Land Tribunal; or

(b)by the appellate authority; or

(bb)[ by the Chairman of the Taluk Land Board; or] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.]

(c)by the Land Board where the Board consists of a sole member, or by the Chairman of the Land Board where the Board consists of three members, as the case may be.

103. Order sheet.

(1)There shall be an order sheet for every case in the hand of the Land Tribunal, or the appellate authority, [or the Chairman of the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.], or the Land Board where the Board consist of a sole member, or the Chairman or any member of the Land Board where the Board consist of three members, as the case may be, hearing the preceding.

(2)Entries shall be made in the order sheet on each day of the posting of the case, noting the date, purpose of the posting, the work transacted on the day and the date and purpose of the succeeding posting, if any.

103A. [ Orders of Taluk Land Board. [Inserted by SRO. No. 355/73 dated 02/06/1973 published in K.G Extraordinary No. 479 dated 02/06/1973.] - (1) Except in cases in which the Chairman is debarred from taking part in any proceeding under Rule 131, every final order of the Taluk Land Board shall be written by the Chairman of the Taluk Land Board and circulated to the other members who may either agree to the order or write separate order agreeing or disagreeing to the order written by the Chairman.

(2)Where the members of the Taluk Land Board differ in opinion on any point, the point shall be decided in accordance with the opinion of the majority]: [Provided that where the opinion of the members is equally divided on any point, the opinion of the Chairman on that point shall prevail.] [Added by SRO. No. 1172/77 dated 06/12/1977, published in K.G Extraordinary No 722, dated 13/12/1977.]

(3)[ Every final order of the Taluk Land Board shall be pronounced by the Chairman at a sitting of the Taluk Land Board, as soon as practicable, after giving due notice to the parties or their pleaders.] [Inserted by SRO. No. 1193/82 dated 24.9.1982., published in K.G Extraordinary No 410, dated 10.10.1982.]

104. Seal of office and notice board.

- For the Land Board and for every [Taluk Land Board, Appellate Authority and Land Tribunal] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.], there shall be a seal of office and a notice board.

105. Stamps.

(1)If any application or appeal which requires court-fee stamp is unstamped or insufficiently stamped, the Head Ministerial Officer shall direct the person presenting it to cure the defect within a specified time, not exceeding one week

(2)If the defect is not cured within the time fixed the Head Ministerial Officer shall produce the application before the Land Board, where the Board consists of a sole member, or the Chairman of the Land Board where the Board consists of three members, [or the Chairman of the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the appellate authority or the Land Tribunal, as the case may be, who shall pass thereon such order as is deemed fit.

106. Impounding of instruments.

- The Head Ministerial Officer shall examine every instrument produced before him so as to ascertain whether it is duly stamped, and if a document is not properly stamped, the Land Tribunal or the appellate authority [or the Chairman of the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board where the Board consists of a sole member or, the Chairman or any member of the Land Board hearing the case, where the Board consist of three members, shall impound the same.

107. Permanent advance.

- Every [Land Tribunal, appellate authority and Taluk Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] and the Land Board shall have such permanent advance as may be allowed by the Government.

108. [ Collection of postage, etc. [Substituted by SRO. No. 790/74, published in K.G Extraordinary No. 740 dated 28.10.1974.]

(1)Amounts necessary for postage, commission batta, mileage, witness batta, etc. payable by parties, shall be collected in advance by the Head Ministerial Officer on issuing receipts in Form TR5 and kept under safe custody to be utilised by him for the requisite purposes.

(2)The Land Tribunal shall verify and satisfy himself that the amounts of such collections made as per receipt books in Form TR5 have been duly accounted for in the cash book in Form TR7 A, and that all payments made out of such collections are supported by proper vouchers.

(3)The Land Tribunal shall see that out of such collections, any amount exceeding two hundred and fifty rupees at a time is deposited in the Government Treasury, to the credit of his P. D. Account, to be drawn later when occasion demands.]

109. Accounts.

(1)The Head Ministerial Officer shall keep the accounts of the Office to which he is attached.

(2)There shall be a cash book in which entries relating to all cash transactions shall be entered in the course of business of the office, and the balance of the cash shall be struck therein at the end of the day.

(3)A ledger also shall be kept allotting separate pages for each case.

110. Security deposit.

- The Head Ministerial Officer shall deposit with the Government such security and in such manner as the Government may, by order, specify.

111. [ Audit. [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.]

- The Land Board shall arrange for the periodical audit of the accounts of and of the movables held by the Land Tribunals, the Appellate Authorities and Taluk Land Boards and the Government shall arrange for the periodical audit of the accounts of and of the movables held by the Land Board.]

112. Fair Copies of orders.

- Final orders passed by the Land Tribunal, the [Appellate Authority, the Taluk Land Board and the Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] on applications or appeals, as the case may De, heard by them shall be fair copied, duly compared with the original, and then signed by the person or persons who passed them or by his or their successor or successors in office, the originals of such orders being permanently preserved.

113. Register of final orders.

(1)There shall be a register of final orders in Form No. 46 in [every Land Tribunal, Appellate Authority and Taluk Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] and the Land Board.

(2)Entries in the register of final orders shall be made promptly and date-war and at the end of the register an index of its contents shall be entered.

114. Return of documents.

(1)Any document produced for evidence in any case, other than a document which has become void or useless by force of the order finally disposing of the case, shall be returned to the party producing the same on his application made within a period of one year from the date of such order:Provided that a document constituting title deeds shall be returned to the party producing the same on his application made within the said period, notwithstanding the fact that such document has become void or useless by force of such order.

(2)Where any document has become partly void or partly useless by force of the order finally disposing of a case, such document shall be returned with an endorsement thereon, in red ink, duly attested by the Land Tribunal or the Appellate Authority or the Chairman of the Taluk Land Board or the Land Board where the Board consists of a sole member, or the Chairman or any member of the Land Board, where the Board consists of three members, as the case may be, indicating the extent to which such document has become void or useless.

(3)If the application for the return of a document is not made within the period specified in sub-rule (1), the party shall not be entitled to claim the document back:Provided that the Land Tribunal or the Appellate Authority or the Taluk Land Board, or the Land Board, as the case may be, may return the document after the expiration of the said period, if it is satisfied that the applicant had sufficient cause for not making the application within that period.Explanation. - For the purposes of this rule, a case shall be deemed to be finally disposed of only after the appeal and revision, if any, are finally decided.

115. Arrangement of records after disposal of case.

- Soon after the final decision of a case the records relating to it shall be completed, arranged and indexed and consigned to the records.Records

116. Records to be kept safely.

(1)In every Land Tribunal [the Appellate Authority, the Taluk Land Board] [Substituted by SRO. No. 355/73 dated 02/CS/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] and the Land Board, there shall be provision for keeping the records safely and intact.

(2)The records shall be arranged year-wise and in the order of their numbers, and indices of the records shall be prepared for reference.

117. Registers of Land Tribunal.

- Every Land Tribunal shall maintain the following registers, namely:-

(1)Register of applications in Form No. 47;

(2)Register of court-fees in Form No. 48;

(3)Register of instruments impounded in Form No. 49;

(4)Register of applications for return of documents in Form No. 50;

(5)Register of copy applications in Form No. 51;

(6)Posting Book in Form No. 44;

(7)Diary Register in Form No. 45;

(8)Cash Book in Form 7A of the Kerala Treasury Code, Volume II;[xxxx] [Omitted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.]

(11)Stock Register of stationery and forms in Form No. 54;

(12)Stock account of furniture and other office stores in Form No. 18 in the Kerala Financial Code;

(13)Register of Commissions issued in Form No. 55;

(14)Personal Register;

(15)Register of papers despatched in Form No. 56;

(16)Stock Register of service postage stamps in Form No. 57;

(17)Acquittance Roll in Form TR 95 of the Kerala Treasury Code;

(18)Register of Permanent advance in Form TR 96 of the Kerala Treasury Code;

(19)Register of contingent charges in Form No. 10 of the Kerala Financial Code;

(20)Such other registers in such forms as the Land Board may direct.

118. Registers of Land Board and Appellate Authorities.

- The Land Board shall maintain such registers as are specified by the Government and the Appellate Authorities [and the Taluk Land board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] shall maintain such registers as are specified by the Land Board.

119. Maintenance of Registers.

(1)The Head Ministerial Officer shall be responsible for the proper maintenance of the registers,

(2)The registers shal1 be periodically inspected by the Land Tribunal, [the Appellate Authority, the Chairman of the Taluk Land Board or the Secretary of the Land Board] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No.479 dated 02/06/1973.] as the case may be.

120. Inspection of documents.

(1)Any party shall be at liberty to inspect any document recited or referred to in any proceeding to which he is a party and filed in the Land Tribunal or the Appellate Authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479, dated 02/06/1973.] or the Land Board.

(2)Every party desiring to inspect any document filed in the Land Tribunal or the Appellate Authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73, dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board shall present a memorandum specifying the document of which inspection is required, and inspection shall be allowed, without the payment of any fee, during the pendency of the proceeding.

(3)If leave to inspect is granted, the inspection of the record shall be made in the presence of any officer specified by the Land Tribunal or the Appellate Authority [or the Chairman of the Taluk Land Board] [Inserted by SRO. No. 355/73, dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board.

(4)The fee for inspection, except where inspection without payment is permitted under sub-rule (2), shall be seventy-five paise for every hour or part of an hour, during which the specified officer shall be engaged for the purpose, and shall be paid by way of court-fee stamps affixed to the application, and the fee so levied shall not be refunded on any account.

121. Search of records and search fee.

- On every application for search of any document or record, search fee at the following rates shall be paid in court-fee stamps:-

(a)when the document or record belongs to any year prior to the calendar year in which the search is made but is not more than 10 years old - Re. 0.50.

(b)when the document or record is more than ten years old - Re. 1.00:

Provided that no such fee need be paid by a party to the proceeding where the application for search is made in a proceeding which is pending disposal on the date of application:Provided further that no such fee need be paid by a party to the proceeding in the case of an application for a copy of an order passed thereon within one year prior to the date of the application.Explanation.- For the purposes of this rule, only one search fee need be paid for all documents forming part of the record in the same proceeding, and the document shall be deemed to be of the date of institution of the proceeding of which it forms part of the record.

122. Certified copies.

(1)Any person entitled to obtain a copy of any proceeding or document filed in, or in the custody of, the Land Tribunal or the Appellate Authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73, dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board, may present an application for the same.

(2)Copies of minutes or notes of the Land Board where the Board consists of a sole member, or the Chairman or any other member of the Land Board where the Board consists of three members, [or of the Chairman or any other member of the Taluk Land Board] [Inserted by SRO. No. 355/73, dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or of the Appellate Authority or the Land Tribunal, or other confidential papers shall not be granted.

(3)Along with every application for copy, copying stamp papers necessary for preparing the copy shall be supplied and the number of papers to be supplied shall be calculated at the rate of one copy stamp paper of the value of twenty paise for every 175 words in English or 125 words in Malayalam, Tamil or Kannada, or the fractions of 175 or 125 words, as the case may be.Note. - Each statement, account, report, petition, order or the like should be treated as a separate document and should be written on separate copy stamp paper.

(3A)[ Photostat copies of any proceeding or document bearing court-fee stamp for the required amount, issued by the Land Board, or the Appellate Authority or the Land Tribunal as the case may be, shall also be treated as certified copies. In such cases the applicant shall produce court-fee stamp for the required amount instead of stamp paper, along with the application for certified copy.] [Inserted by SRO. No. 586/92, published in K.G. Extraordinary No. 582 dated 15/05/1992.]

(4)Where the copies applied for are of maps, plans or genealogical trees which cannot be copied on an ordinary stamp paper, they shall be prepared by skilled labour, and a reasonable fee shall be fixed in each case by the Land Board [or the Chairman of the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973. ] or the Appellate Authority or the Land Tribunal, as the case may be, and deposited by the party in cash,[Note. [Inserted by SRO. No. 586/92, published in K.G Extraordinary No. 582 dated 15/05/1992.] - In the case of photostat copies of the maps, plans or genealogical trees issued, no separate fee for skilled labour shall be collected from the party.]

(5)Three-fourths of the fee under sub-rule (4) shall be paid to the person employed in preparing the copy and the remaining shall go to the Government which shall be credited under a head of account to be specified by the Government.

(6)Copies shall be transcribed only on the front page of every copy stamp paper, and all copies shall be certified to be true copies by the Head Ministerial Officer and shall also be sealed with the seal of the Land Tribunal or the Appellate Authority or the Taluk Land Board or the Land Board, as the case may be.

(7)Every copy shall bear an endorsement showing the following particulars and be initialled by the persons preparing the copy:-

(a)the year and number of the proceeding;

(b)the authority which granted the copy;

(c)the name of the applicant;

(d)the number and date of application;

(e)the date of calling for additional stamp papers, if any;

(f)the date of production of the same;

(g)the date for appearance to receive the copy; and

(h)the date of delivery of the copy.

(8)A list of copies ready for delivery shall be posted on the notice board of the office of the Land Board or of the Taluk Land Board or of the Appellate Authority or of the Land Tribunal, as the case may be, and shall remain thereon for three clear days other than holidays,

(9)The copy and any unused copy stamp paper shall be delivered to the applicant at any time during office hours and if the copy is not claimed by the applicant within twelve months of the date of posting of the said list, it shall be destroyed after due notice to the applicant, and the unused stamp papers, if any, shall be forwarded to the Superintendent of Stamps for disposal according to rules.

Chapter IV
Court Fees

(Section 116)

123. Levy of Fees.

- No document under the Act or under these rules shall be filed exhibited or recorded in, or be acted on by, any Land Tribunal or Appellate Authority [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board or any other authority or officer, unless it is duly stamped with the requisite court-fee at the rates specified in the statement appended to Rule 127.

124. Collection of fees by stamp.

- All fees chargeable under the Act or under these rules shall be collected by way of court-fee stamps, unless otherwise expressly provided for in these rules.

125. Stamps to be impressed or adhesive.

- The stamps used to denote any fee chargeable under the Act or under these rules may be impressed or adhesive, or partly impressed and partly adhesive.

126. Cancellation of stamp.

- No document requiring a stamp under these rules shall be acted upon in any proceedings unless the stamp has been cancelled.

127. Fees.

- For the document mentioned in column (2) of the statement appended fixed fee at the rates mentioned against each in column (3) thereof shall be payable:Provided that no such fee shall be payable in respect of any such document presented by:-

(a)a member of any Scheduled Caste or Scheduled Tribe; or

(b)a member of the Armed Forces; or

(c)a seaman:

Provided further that no such fee shall be payable on an application presented by a person for the return of a document filed by him before any Land Tribunal or for the repayment of any amount deposited by him with any Land Tribunal-Provided also that no such fee shall be payable:-

(i)on any application or petition of appeal by or on behalf of the Government; or

(ii)on any application under or incidental to any proceedings under Section 72 to 72P filed before the Land Tribunal or the Land Board; or

(iii)on any application under or incidental to any proceedings under Sections 80A to 80G filed before the Land Tribunal: or

(iv)on any application to the Land Board under sub-section (2) of Section 109A.

Appendix

Chapter V
Rules of Procedure

128. Stamp duty payable on power of attorney under Section 115(2).

- The stamp duty payable on a power of attorney referred to in sub-section (2) of Section 115 shall be the same as that specified in article 44(b) of the Schedule to the Kerala Stamp Act, 1959 (17 of 1959) namely, three rupees.

129. Language in proceedings before Land Tribunal, Appellate Authority and Land Board.

- The language in proceedings before the Land Tribunal, the [Appellate Authority, the Taluk Land Board and the Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G, Extraordinary No.479 dated 02/06/1973.] shall be English or Malayalam or, where Malayalam is not the regional language of a particular area, the regional language of such area.

130. Extension of time.

- Where any period is fixed or granted by the Land Tribunal or the Appellate Authority [or the Taluk Land Board] [Inserted by SRO. No. 484/72 dated 04/09/1972, published in K.G, Extraordinary No. 37 dated 19.9.1972.] or the Land Board or any other authority or officer for the doing of any act prescribed or allowed by these rules, it or he may, in its or his discretion, from time to time, extend such period even though the period originally fixed or granted may have expired.

131. [ Land Tribunal or Appellate Authority or Taluk Land board or Land Board not to try proceedings in which it is interested. [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K.G, Extraordinary No.479 dated 02/06/1973.]

(1)The Land Tribunal or the Appellate Authority or the Chairman or any other member of the Taluk Land Board or the Land Board where the Board consists of a sole member or the Chairman or any member of the Land Board where the Board consists of three members shall not try or hear any proceeding in which it or he is a party or is otherwise personally interested nor shall adjudicate upon any connected proceedings.

(2)Where any such proceeding comes before any Land Tribunal or the Appellate Authority, it shall report the circumstances of the Land Board and the latter shall thereupon transfer the proceeding to any other Land Tribunal or Appellate Authority, as the case may be.]

132. Copy of application to be filed.

- Every application presented under the Act or any rule made thereunder shall be accompanied by a true copy thereof.

133. Written statement.

(1)The respondent may, and if so required by the Land Tribunal or the [Taluk Land Board or the Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] shall, at or before the first hearing or within such time as it may permit, present a written statement of his defence or of any claim for relief and with such written statement shall produce all documents in his possession or power on which he bases his defence or any claim for relief

(2)Where the respondent relies on any other documents as evidence in support of his defence or claim, he shall enter such documents in a list to be added to the written statement.

(3)A document which ought to be produced or to be entered in the list, but which has not been so produced or entered accordingly, shall not, without the leave of the Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board, be received in evidence on the respondents behalf at the hearing of the proceeding.

(4)A party, recognised agent or pleader, filing any proceeding, shall, on demand in writing, furnish to any other party a copy of the proceeding upon payment therefor at the rate of nine paise for every hundred words if in manuscript, or at double this rate if the copy is typed or printed, four figures being calculated as one word, provided that one copy of the application, the written statement and the petition of appeal, or of objections, shall, on like demand, be furnished free of charge to each party appearing in person or by a separate pleader or recognised agent.

134. Summons how served.

- The summons to a witness may be delivered to the party applying for such summons for making service on the witness:Provided that when the party so desires or the Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board deems fit, the summons shall be sent by registered post acknowledgement due.

135. Fees for service of processes.

- For service of every summons or notice, fees shall be levied at the following rates, namely:-

(a)when sent by registered post.#Actual cost

(b)when served by an officer deputed for the purpose.#Seventy-five paise or an amount equal to the travelling allowance to which the officer deputed would be entitled under the provisions of the Kerala Service Rules, whichever is higher:

Provided that no such fee shall be levied for service of summons (other than summons to witnesses) or notice in connection with any proceedings before the Land Tribunal under Sections 72 to 72P or Sections 80A to 80G.

136. Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or Land Board or other authority or officer may grant adjournment.

- The Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or any other authority or officer exercising any power or performing any functions under the Act or these rules may, if sufficient cause is shown, at any stage of the proceeding, grant time to the parties or to any of them, and may, from time to time, adjourn the hearing of the proceeding.

136A. [ Correction of mistakes in orders of Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 443/70dated 17/11/1970, published in K.G No. 51 dated 22/12/1970.] and Land Board.

- Clerical or arithmetical mistakes in orders of the Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board or errors arising therein from any accidental slip or omission may at any time be corrected by the Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board as the case may be either of its own motion or on the application of any of the parties.]

137. Power to inspect.

- The Land Tribunal [or the Taluk Land Board] [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.] or the Land Board or any other authority or officer may, at any stage of the proceedings, inspect any property or thing concerning which any question may arise.

137A. [ Term of office of Taluk Land Board. [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.]

- The term of office of the Taluk Land Board shall be [three years] from the date of its constitution.][provided that the Taluk Land Board shall be re-constituted immediately on the expiry of its term of office and the members of the Taluk Land Board shall continue in office for a further period of six months or till its re-constitution, whichever is earlier.] [Added by SRO No. 810/2013, dated 5.10.2013, published in K.G. Extraordinary No. 2883, dated 5.10.2013.]

137B. [ Casual vacancies among non-official members of Taluk Land Board. [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.]

- Casual vacancies among the non-official members of the Land Board shall be filled by the Government.]

137C. [ Term of office of non-official members of Land Reforms Review Board. [Inserted by SRO. No. 355/73 dated 02/06/1973, published in K.G Extraordinary No. 479 dated 02/06/1973.]

- The term of office of the non-official members of the Land Reforms Review Board shall be two years from the date of its constitution.]Procedure to be followed by authorised officer and other matters[Sections 105, 106, 106A, 107 and 120(1)]

138. Particulars to be furnished.

- The authorised officer may, in addition to the information referred to in sub-section (1) of Section 105, call for the following particulars, namely:-

(a)classification of land;

(b)improvements on the land;

(c)details regarding particulars of the family; and

(d)any other particulars which he deems necessary.

139. Manner of obtaining information.

- When the authorised officer has to obtain any information, he or his agent may obtain it in the following manner, namely:-

(a)by making such enquiry as he or his agent may deem fit; or

(b)by local inspection; or

(c)by reference to any Government record; or

(d)in such other manner as the authorised officer may deem fit.

140. Manner of verification of information obtained by authorised officer.

(1)After obtaining the information under Rule 139, the authorised officer shall fix the date on which the enquiry in respect of such information will be held, and shall issue a notice to the person concerned.

(2)While serving the notice on any person under sub-rule (1), a copy of the statement containing the information shall also be furnished wherever necessary and unobjectionable.

(3)On the date fixed for the enquiry or on such other date to which the enquiry may be adjourned by the authorised officer, the authorised officer shall give to the person concerned a reasonable opportunity to adduce any documentary or oral evidence.

(4)The authorised officer may also examine such other person or admit such other document as he considers necessary to verify the correctness of the information furnished in the statement specified in sub-rule (2).

141. Procedure to be followed by authorised officer.

- The proceedings of the authorised officer shall be summary and shall, subject to the provisions of the Act and these rules, be governed as far as possible, by the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of-

(a)the issue and service of summons;

(b)the examination of parties and witnesses;

(c)the production of documents;

(d)the amendment of pleadings;

(e)the addition of parties;

(f)the reviewing of orders passed on ground of apparent error;

(g)local inspection; and

(h)the passing of orders.

142. Refixation of rent in respect of leases for commercial or industrial purpose.

(1)At any Time After The Expiry Of Twelve Years From The Date Contract of tenancy or the date of refixation of rent under this rule, the lessor or lessee may apply to the Land Tribunal for refixation of the rent.

(2)On receipt of such application, the Land Tribunal shall give noticed the opposite party and after making due enquiry pass orders on the application.

(3)In passing orders under sub-rule (2), the Land Tribunal shall have regard to the rates of rent prevailing in the locality in respect of lands used for similar purposes.

143. Rent payable for building used by kudikidappukaran for commercial or industrial purpose.

- While determining the rent payable by a kudikidappukaran for the use and occupation of any building used for commercial or industrial purpose, the Land Tribunal shall have regard to the rates of rent prevailing in the locality in respect of similar buildings used for similar purposes.

144. Determination of costs and execution thereof.

(1)In an order for payment of costs, the Land Tribunal or the Appellate Authority, as the case may be, may after taking into consideration the expenses which in its opinion have been reasonably incurred or met for the conduct of the proceedings, specify the total amount of costs allowed by such order.

(2)An order referred to in sub-rule (1) shall set forth the name or names of the person or persons entitled to the costs and the person or persons liable to pay the same and shall also specify whether such right or liability is joint or several or both.

(3)The Land Tribunal or the Appellate Authority, as the case may be, shall, as far as practicable in the order itself, grant permission to the party liable to pay the costs to set off such costs towards other amounts, if any, due to him from the person, or persons entitled to the costs.

(4)An order for payment of costs, where execution for its recovery is necessary, shall, on application by the party entitled to the costs, be executed by the Land Tribunal or by the Appellate Authority which passed the order for costs, as if it were a Civil Court and its order were a decree passed by that civil Court for payment of money.

(5)The provisions of the Code of Civil Procedure, 1908 and the rules made thereunder and the Limitation Act 1963 shall so far as may be, apply to execution under (SIC).

145. Declaration under Section 120.

- The declaration to be made by a transfer or transferee under sub-section (1) of Section 120 shall be in Form No. 58.Explanation. - Where the transferor or the transferee is-

(a)dead before the filing of the declaration, any legal representative of the deceased transferor or transferee, as the case may be, shall file it;

(b)a minor, lunatic, idiot or one who is subject to like disability, the declaration shall be made and filed by the guardian, manager or other person in charge of such person or of the property of such person.

Service of Notice or Order

146. Manner of service of notice or order.

- Any notice or order issued or mad under the Act or under these rules shall be served on the person concerned in the following manner, namely:-

(a)in the case of any society or institution, on the secretary or manager or the trustee in the manner specified below:-

(i)by delivery or tender to the person concerned or his counsel or h authorised agent; or

(ii)by sending the notice or order to the person concerned by registered post acknowledgement due; or

(iii)by affixing the notice or order in some conspicuous part of the last known place of residence of the person concerned;

(b)in the case of a family, on the person in management of such family or of the property of the family, in the manner specified below:-

(i)by delivery or tender to the person concerned or his counsel or his authorised agent; or

(ii)by delivery or tender to some adult member of the family; or

(iii)by sending the notice or order to the person concerned by registered post acknowledgement due; or

(iv)by affixing the notice or order in some conspicuous part of the last known place of residence of the person concerned;

(c)in the case of a company:-

(i)on the secretary or on any director or other principal officer of the company in the manner specified in sub-clauses (i) to (iii) of Clause (a); or

(ii)by leaving it or sending it by registered post acknowledgement due addressed to the company at the registered office or if there is no registered office, then at the place where the company carries ort business.

147. Repeal.

- The Kerala Land Reforms (Tenancy) Rules, 1964, are hereby repealed.Form No. 1Application for resumption of land(See Rule 7)

Before The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the holding to which the application relates-

(a)District, taluk and village in which situate;

(b)Survey number and sub-division number, if any, or a description of the holding sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e., nilam, garden, dry land etc.).

2. Particulars of the document, if any, evidencing the contract of tenancy (or of the order in which the fair rent was determined).

3. Nature of the tenancy (i.e. kanam, kuzhikanam, verumpattom, etc.).

4. Interest of the applicant in the holding, i.e. whether landowner or intermediary.

5. Annual rent of the holding.

6. Particulars (including survey number, class and the extent) of other lands in the possession of the applicant or his family or in which they have interest as landowner or intermediary or as mortgagee in possession. (Particulars to be shown separately under each head).

7. Name and address of the cultivating tenant and the total extent of land in his possession and their particulars (as far as known).

8. Name and address of the kudikidappukaran, i any, on the land to be resumed and the particulars of the kudikidappu.

9. Names and addresses of other persons interested in the holding and the nature of their interest (as far as known).

10. Extent, location and other particulars of land sought to be resumed.

11. No. and date of the Collector's certificate or if the certificate is not received, the date of application for the same (in the case of resumption for extension of place of public religious worship).

12. Grounds for resumption. (Set out the grounds in detail in consecutive numbered paragraphs.)

13. Prayer (set out the reliefs claimed in consecutive numbered paragraphs)

14. Where the applications not presented within the prescribed per od, reasons for not presenting the application within such period (in cases where resumption is under Section 13, or where the applicants) is/are/landlords falling under clause (iii) or clause (iv) of sub-section (1) of Section 18).

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

Declaration

(1)I/We declare that the particulars stated in columns ;................of this application are true to the best of my/our knowledge and that the particulars stated in columns...............of this application are based on information which I/We believe to be true.

(2)I/We declare that I/We were not having possession or interest in land, immediately before the 18th December, 1957, in excess of the limits specified in Clause (52) of Section 2, nor have I/We acquired any interest in land after the said date either by way of partition or transfer.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

Note. - This declaration is to be furnished only by small holder applying for resumption under Section 16A or Section 17.Form No. 2(See Rule 12)

Before The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the land sought to be restored:-

(a)District, taluk and village in which situate:

(b)Survey number and sub-division number, if any, or a description of the land sufficient for its identification:

(c)Boundaries:

(d)Extent:

(e)Class (i.e. nilam, garden, dry land, etc).

2. The date of dispossession or resumption.

3. The name of the Court or Land Tribunal which passed the decree or order for dispossession or resumption and the year and the number of the suit or application in which such decrees or order was passed.

4. Name and address of the person who dispossessed the applicant or resumed land from him.

5. The nature and 4xtant of the interest held and of the possession over the land by the applicant immediately before his dispossession or the terms of the tenancy under which he held the land before resumption.

6. The Survey Nos. extent and other particulars of the lands in the possession of the applicant (to be filled in only where the application is under Section 23).

7. The amount if any received by the applicant on account of the dispossession or resumption.

8. The grounds which entitle the applicant to restoration if any (Set out the grounds in detail in consecutive numbered paragraphs)

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars stated in columns of this application are true to the best of my/our knowledge and that the particulars stated in columns..................... of this application are based on information which I/We believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

Form No. 3Warrant to Officer to give possession of land(See Rules 14 and 15)

Before the Land Tribunal/Revenue DivisionalOfficer/Tahsildar/of .....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

To.......................................... Whereas the property described in the Schedule below has to be put into the possession of.....................................................................................You are hereby directed to put the said person in possession of the same on the............... ...........day of...............................19.............................. and you are hereby authorised to remove any person who may refuse to vacate the same.Given under my hand and seal this day of ...........................19..............

Schedule

Date:Place:Land Tribunal/revenue Divisional Officer/tahsildar.Certificate of ExecutionI...............................................................do hereby declare that the property scheduled above has been put into possession of .........................................on the day of..............19..........in the presence of two witnesses described below: -Names and address of witnesses and their signature.

1.

2.

SignatureOfficer executing the warrant.Date ....................Place:..............DeclarationI/We declare that I/we have received today possession of the property described in the Schedule.Name(s) and address(es) of the partyreceiving possession from the officeand the signature of such personsDate: .....Place:..............

(Countersigned).

Date: ................Place: ............................Land Tribunal/Revenue Divisional Officer/Tahsildar.FORM NO. 4Application for Recovery of Arrears of Rent(See Rule 16)

Before The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the holding-

(a)District, taluk and village in which situate;

(b)Survey number and sub-division number, if any, or a description of the land sufficient for its identification:

(c)Boundaries;

(d)Extent;

(e)Class (i.e. nilam, garden, dry land, etc.) and the nature of the tenancy.

2. Particulars of the documents, if any evidencing the contract or the order in which the fair rent was determined. (Original Column 2).

3. Nature of the tenancy (i.e. kanam, kuzhikanam, verumpattom, etc.).

4. Interests of the applicant in the holding (i.e. whether landowner or intermediary).

5. Nature of interests of the respondent (i.e. whether cultivating tenant or intermediary).

6. Details of the rent due and the date or dates on which the rent or installments of rent are payable.

7. Whether the applicant is a small holder.

8. Total extent of land possessed, whether as owner, mortgagee, lessee or otherwise by the tenant from whom rent is claimed.

9. Amount of the arrears of rent and periods to which the arrears relate and the rate of interest, if any.

10. Amount of the rent, if any, set off or relinquished or assigned to a third party.

11. Prayer (state the reliefs claimed and the grounds therefor).

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars stated in columns.........................of this application are true to the best of my/our knowledge and that the particulars stated in columns.................... ........................................................................of this application are based on information which I/we believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

Note. - Columns 7 and 8 to be filled in only where the claim involves arrears of rent accrued due before the 1st day of may 1968.Form No. 5(See Rule 17)

In The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Applicant(S)	Respondents

To ....................(Name, address and rank of the respondent)Take notice that an application for recovery of rent under sub-section (1) of Section 26 has been filed in this Tribunal and that the........... day of .......................19.......................has been fixed by this Tribunal for the appearance of parties, and Tiling of objections if any by the respondent to the claim.If you fail to appear at 10 a.m. before this Tribunal sitting at...............on the date above fixed, the claim will be heard and decided in your absence.Given under my hand and the seal of the Tribunal this....... day of .....................19..................

(Seal)	By order etc.,
	(Signature)
	Head Ministerial Officer.

FORM NO. 6Extract of Order under sub-section (2) oi Section 26 or Section 73(See Rule 20)In The Court/land Tribunal/appellate Authority of .........................Application No......................

Part I – (For rent accrued due prior to the 1 st day of May, 1968).

1. Name and address of the person entitled to the amount.

2. The amount that the tenant should deposit under sub-section (7) of Section 73.

3. Where there are more than one applicant and such applicants are severally entitled the amount due to each of the applicants.

4. The name and address of the tenant who should make the deposit under sub-section (7) of Section 73 and where there are more than one tenant and the liability of such tenants are not joint but only several, the amount which each of such tenants are liable to deposit.

5. Where the extract is of an order in appeal or revision, the number and year of such appeal or revision and the name of the appellate authority or the revision Court.

6. Date of the order.

Part II – (For rent accrued due after 1st day of May, 1968).

1. The name and address of the person entitled to the amount.

2. The amount of arrears of rent with interest if any determined as payable to the landlord.

3. Where there are more than one applicant and such applicants are severally entitled, the amount due to each of the applicant:

4. The amount which carries future interest, with date from which such interest accrues.

5. The name and address of the tenant liable for the amount shown in column (2) and where there are more than one tenant and the liability of such tenants are not joint but only several the amount for which each of such tenants are liable.

6. The name of the tenant, whose interest is charged under Section 42 for the amount shown in column (2) and whether such tenant ?s a tenant in possession or an intermediary in respect of the holding for which the claim for rent is allowed.

7. Details of the holding, wherein there is such interest charged under Section 42 (sufficient details for identification should be given).

8. Where the extract is of an order in revision, the number and year of revision petition.

9. Date of the order.

[Court/Land Tribunal/Appellate Authority] [Substituted by SRO. No. 495/75 Published in K.G. Extraordinary dated 16.6.1975.][FORM NO. 7] [Omitted by SRO. No. 368/80, dated 5.4.1980.]Application for Execution(See Rule 21)[x x x x]FORM NO. 8Application for preparation of record of rights(See Rule 24)Before The Tahsildar Of...........................................TALUKApplication No................................of 19..............

1. Name(s) and address(es) of the applicant(s).

2. Description of the land-

(a)District, taluk and village in which situate;

(b)Survey number and sub-division number, if any, or description of the land sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e. nilam, garden, dry land, etc.).

3. Nature of the interest of the applicant in the land.

4. if the applicant is a tenant, the nature of tenancy under which he holds or claims interest over the land.

5. Name and address of the landowner.

6. If the applicant holds directly under an intermediary, the name and address of the intermediary and the nature of his interest in the holding.

7. Names and addresses of other intermediaries, if any, and the nature of their interests so far as known.

8. The names and addresses of other persons interested in the land (including any kudikidappukaran) and the nature of their interest so far as known.

9. Kanam amounts, if any, the rates of interest thereon and persons by whom and to whom they were advanced (so far as known to the applicant).

10. Encumbrances, if any, created by the applicant and their details.

11. Encumbrances, if any, created by other interested persons and their details so far as known.

12. Particulars of the document, if any rent, receipts or any other papers in support of the applicant's interest in the holding.

13. Rent or michavaram payable by the applicant and the rate of interest, if any.

14. Land Revenue assessment, taxes and cesses if any, in respect of the land and by whom payable.

15. Other relevant particulars, if any.

Dated this day of.......................................Applicant's signature ...................DeclarationI/We declare that the particulars stated in columns...............of this application are true to the best of my/our knowledge and that the particulars stated in columns............................ ......................of this application are based on information which i/We believe to be true.Applicant(s)...................... (Signature)FORM NO. 9Notice inviting objections to draft record of rights[See Rule 25(2)]Office of the Tahsildar of...............................................TalukApplication No..............................of 19....................... Notice is hereby given that as per application No...................19............presented by ...............under sub-section (1) of Section 29 of the Kerala Land Reforms Act, 1963, a record of rights in respect of the land (give sufficient description of the land)..................is proposed to be prepared based on the particulars given in the draft record of rights herewith appended and that the landowner, the tenant, the person in possession or occupation, the intermediary, the kudikidappukaran and any other person having interest in respect of the land may put forth their claims and objections, if any to the proposal for the preparation of record of rights and to the particulars given in the draft, to the Tahsildar within 15 days of the publication/service of this notice together with records, documents or other relevant evidence, if any, to substantiate the claims and objections. Claims and objections received thereafter will not be considered.(for individual notice only)Name(s) of interested person(s)

(1)

(2)

(3)

(4)

Place:Date:

Signature of the Tahsildar.

Form No. 10Draft/Final Record of Rights[See Rule 26(5)]Prepared by the Tahsildar of.................................................... TalukApplication No....................of 19........................

Name of District:	Name of Village/Panchayat:
Name of Taluk :	No. and Name of Block, if any.

SI. No.	Resurvey No.	Sub Division No.	Name of village Sy. No. & Sub division No.according to the previous survey, if any.	Extent	Class of land
Hectare	Area.
(1)	(2a)	(2b)	(3)	(4)		(5)
Note.- (1) XX. Col. 5
In this column classify the land under nilam(specify whether Kole nilam, Karinilam or land cultivated withKaipad system of cultivation. Also specify whether Single crop,Double crop or land on which more than 2 crops are raised), orKayal land or Palliyal and or Punam or Kumri cultivation orGarden or Private forest or Plantation or Dry land.

Whether irrigated and if so, the source ofirrigation	Principal crops raised on the land	If the land does not fall under any of thecategories mentioned in column 5 the use to which it is put M.	Name and address of landowner
(6)	(7)	(8)	(9)
Column 8
(2) M-Classify under any one of the followingland comprised in mills, factories or workshop or sites ofhouse, tanks, wells or Sites of temples, churches, mosques andcemeteries and burial or burning grounds or Sites of buildingsincluding warehouse or Barren or uncultivable waste land orcultivable waste land or
Lands put to non-agricultural use (here specifythe use also) permanent pastures or other grazing lands, Misc.,trees, crops and groves not included in the crops under gardenor current fallows or other fallows.

Person in occupationof the land	Intermediaries and other persons interested inthe land
Name and address	Nature and extent of interestOwner/Tenant/Mortgagee/ Nature of other interest	Name and address	Nature & extent of interest
(10a)	(10b)	(11a)	(11b)

Name and address of the kudikidappukaran if any	Nature of easement right of kudikidappukaran	Nature of customary right of kudikidappukaran	In the case of the final record of right note theNo. and date of the prescribed officer	Remarks
(12)	(13)	(14)	(15)	(16)

Form No. 11Memorandum of appeal against record of rights[See Rule 27 (2)]Before the Revenue Divisional Officer.........................................................Appeal No............................ of 19....................Appeal against the record of rights prepared by the Tahsildar of..........Taluk

1. Name and address of the applicant.

2. Names and addresses of persons whose names appear in the record of rights.

3. Interest of the appellant in the land in respect of which the record of rights was prepared.

4. Whether the name of the appellant appears in the record of rights and if so under what column.

5. The entries with specific reference to column number in the record of rights which made the appellant aggrieved.

6. Reasons as to how such entries caused him grievance.

7. Whether the names of any more persons should be shown in the record and if so the names and addresses of such persons and the column where their names should be shown,

8. Whether the names of any persons shown in the record should be deleted and from which column (give details of the names and addresses of such persons).

9. Whether any modifications, additions or deletions should be made in any column of the record. If so, state what modifications, additions or deletions and in what column.

10. Any other additional grounds.

11. Date of receipt of the copy of the record of rights by the appellant.

Place: ....................Date: ..............................

Signature

FORM NO. 12Application for determination of fair rent(See Rule 30)

Before The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the holding-

(a)District, taluk and village in which situate;

(b)Survey number and sub-division number, if any, or a description of land sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e., nilam, garden, dry land, etc.).

2. Particulars of the documents, if any evidencing the contract of tenancy.

3. Nature of the tenancy (i.e. kanam, kuzhikanarn. verumpattam, etc.).

4. Details regarding the fair rent, if any, fixed under any law in force immediately before 21 -1 -1961.

5. Names and addresses of the landowners and intormeGiaries and of the other persons interested in the holding, so far as known, and the nature of their interest. (Where the applicant is a landlord, state also the name and address of his tenant).

6. The kind of cultivation usually conducted in the holding.

7. If nilam-

(a)Whether irrigated with water for the first time after the commencement of the tenancy from irrigation work constructed, repaired or maintained wholly at the cost of the Government or a local authority ora co-operative society or by the tenant;

(b)if double crop nilam, whether converted into double crop nilam by the tenant?

(c)whether Kole nilam or Kaririiiam;

(d)the number of crops raised and the gross produce in respect of each crop.

8. If garden land-

(a)the number and age of cocoanut trees, arecanut trees and pepper vines (bearing as well as not bearing) belonging to the land owner and each intermediary, in respect of which the landlord is bound to pay compensation under the Kerala Compensation for Tenants Improvements Act, 1958;

(b)the number and age of cocoanut trees, arecanut trees and pepper vines (bearing as well as not bearing) in respect of which the landlord is not bound to pay compensation under the Kerala Compensation for Tenants Improvements Act, 1958;

(c)the approximate yield of the trees and vines (Give separately for items (a) and (b) above)

9. If any other class of land, crops raised and gross produce.

10. The rent payable (in kind or in cash) in respect of the holdings; installments, if any, in which it is payable; the date or dates on which the rent or installments of rent are payable; and the rate of interest, if any.

11. Whether the tenant has opted for fair rent by notice sent by registered post; if opted, to what date. (Produce postal receipt and acknowledgement.

12. Whether application has been made for preparation of record of rights.

13. Other relevant particulars, if any.

14. Prayer (State the reliefs claimed and the grounds therefor)

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars stated in columns............. are true to my/our knowledge and that particulars stated in columns on information which I/we believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

Form No. 13Notice under Section 31(2)(See Rule 33)In The Land Tribunal of.................................................Application No ...............................of 19.....................Applicants:-Respondents:-To(Name and address, number and rank of the applicants)Take notice that an application for fixation of fair rent under sub-section (1) of Section 31 of the Kerala Land Reforms Act, 1963, by............................in respect of Survey No............ measuring.......................acre..................cents of the..........................Village, has been filed in this Tribunal on............and that the...................day of .................. ..................has been fixed by this Tribunal for the appearance of parties, filing of written statement, production of documents and settlement of issues.If you fail to appear before the Tribunal at..........time on the date above fixed, either by yourself or by pleader or by someone by law authorised to act for you in this case, the same will be heard and decided in your absence.Given under my hand and the seal of the Tribunal this ....................................... day of .................... 19

(Seal)	By order, etc.,
(Sd.)
Head Ministerial Officer.

Form No. 14Application for remission of rent(See Rules 34 and 38)

Before .....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the holding-

(a)District, taluk and village in which situate;

(b)Survey number and sub-division number, if any, or a description of the holding sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e., nilam garden, dry land, etc.).

2. Particulars of the documents, if any, evidencing the contract of tenancy.

3. Nature of the tenancy (Kanam, Kuzhikanam, verumpattam, etc.).

4. Name and address of the landlord under whom the applicant holds and the nature of his interest.

5. If the landlord is not the owner, the names and addresses of the landowners and other intermediaries, if any, and the nature of their interest so far as known.

5. Names and addresses of other persons interested in the land, if any, and the nature of their interest, so far as known.

7. Kind of crop cultivated on the land and the nature and extent of the damage to, and extent of failure of crop; and the reasons for the same; and the extent of the land affected.

8. Probable date of harvest.

9. Normal produce of the land.

10. Rent payable (whether in kind or in cash) in respect of the land and the rate of interest, if any.

11. Date or dates on which the rent or installment of rent are payable.

12. Particulars of the fair rent, if any, determined (with the details of the order determining such rent); whether the tenant has opted for fair rent, if opted the rent so opted.

13. Has a copy of the application been furnished to the landlord to whom the tenant is liable to pay rent as required by Rule 35(3). If so, when and how?

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars given in columns................ true to my/our knowledge and that the particulars given in columns,of this application are based on information which I/we believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

FORM NO. 15Application to Land Tribunal for permission to pay arrears of rent due(See Rule 43)

Before The Land Tribunalof.....................................

Application No ............................. of19 ..........................

1. Name and address of the applicant.

2. Particulars of the holding-

(a)District, taluk and village in which situate;

(b)Survey number, sub-division number, or a description of the holding sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e., nilam, garden, dry land, etc.).

3. Rent payable in respect of the holding and rate of interest if any.

4. Details about the terms of the lease, whether oral or documentary, the date and year of the lease, and the dates on which rent accrues due for payment.

5. Where fair rent is determined, details about such determination.

6. Name and address of the landlord to whom rent is payable.

7. Where the applicant is doubtful as to the person entitled to receive the same, the name and address of the person or persons whom the applicant considers to be entitled or to have a claim to receive the rent.

8. Rent due till date of application and interest, if any.

9. The amount of rent and interest, if any, deposited by the applicant with the Land Tribunal.

10. The period to which the rent deposited relates.

11. Whether an application or other proceedings for the recovery of the arrears is pending before the Land Tribunal.

12. Prayer (States reliefs claimed and the grounds therefor).

signed this the...................day of................19... .................Applicant......................................(Signature)DeclarationI/We do hereby declare that the particulars furnished in this application are true to the best of my/our knowledge and belief.

Applicant ....................

(Signature)

FORM NO. 16Application for apportionment of rent on severance of interest of landlord or tenant(See Rules 44 and 46)

Before The Land Tribunalof.....................................

Application No ............................. of19 ..........................

1. Name and address of the applicant.

2. Particulars of the holding-

(a)District, taluk and village in which situate;

(b)Survey number, and sub-division number, or a description of the holding sufficient for its identification;

(c)Boundaries;

(d)Extent;

(e)Class (i.e., nilam, garden, dry land, etc.).

3. (a) Rent payable in respect of the holding, and the rate of interest, if any.

(b)Security for rent, if any, paid for the holding.

4. Land Revenue and other taxes and cesses payable in respect of the holding and by whom payable.

5. Particulars of the documents evidencing the contract of tenancy, it any, or the order in which fair rent was determined.

6. Nature of the tenancy (i.e. kanam, kuzhikanam, verumpattom, etc.).

7. Particulars of improvements (including cocoanut trees, arecanut trees and pepper vines) and the persons to whom they belong,-

(a)on the entire extent of the holding prior to severance of interest or sub-lease;

(b)on the extent sub-leased or in respect of which the interest has been severed;

(c)approximate normal yield of the trees (i) under col. 7(a) and (ii) col. 7(b)

8. Nature of the applicant's interest in the holding.

9. Name and address of the tenant if (a) the landlord is the applicant, and the nature of his interest, (b) name and address of the landlord, if the tenant is the applicant, and the nature of his interest;

10. Names and addresses of other persons interested in the land and the nature of their interests so far as is known to the applicant.

11. Extent of land sub-leased or in respect of which the interest is severed and the name of the sub-lessee or the person on whom such interest has devolved, or is entitled to hold such interest.

12. How the severance has taken place (whether by act of parties or by operation of law and particulars of the document, decree, order of Court, if any).

13. How rent is to be apportioned

14. Prayer (state reliefs claimed and the grounds therefor)

Dated this the.................. day of 19..................

Applicant ....................

(Signature)

DeclarationI/We declare that the particulars stated in columns of this application are true to my/our knowledge and that the particulars stated in columns ....of this application are based on information which I/we believe to be true.

Applicant ....................

(Signature)

FORM NO. 17Notice[See Rule 45(2)]To(Residence and description)Application No.............. on the file of the Land Tribunal...........................by........... Take notice that on the.......................day of...................the above named applicant presented an application to this Land Tribunal that the Land Tribunal may execute on your behalf a lease deed, a draft whereof is hereunto annexed, of the immovable property specified hereunder and that the day of- is appointed for the hearing of the said application; and that you may appear on the said day in person or by pleader ana state in writing any objection thereto of which you shall give not less than two days' notice in writing to the applicant, his pleader or his recognised agent. And also take notice that the address for service of the applicant is................Description of Property(Set out description as contained in the draft lease deed)(Sd.)Land Tribunal.Form No. 18Register of surrender of interest by tenants[See Rule 49(2)]

Serial Number	District, Taluk and Village	Survey No. and sub-division No. of the land inrespect of which interest is surrendered, or a description of theland adequate for its identification.	Boundaries	Extent of land	Class of land (nilam, garden, dry land etc.)	Name and address of the tenant surrenderinginterest
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Nature of the interest surrendered (withparticulars of extent of land)	Name and address of the landlord to whom rent ispayable	Date on which surrender is made in writing	Date of admission of the surrender by the tenant	Date of order accepting the surrender	Seal and signature of the Land Tribunal
(8)	(9)	(10)	(11)	(12)	(13)

FORM NO. 19Public notice of intention to take possession of land abandoned by tenant[See Rule 50(1)]Office of The Tahsildar of...................................TALUKWhereas information is available that (here enter the name and address of the tenant).. holding as a tenant under (here enter the name and address of the landlord if known) ............has abandoned his holding and ceased to cultivate the land comprised in the holding described below.(here enter description of the land sufficient for identification)Take notice that the Tahsildar of...................Taluk intends to take on behalf of the Government of Kerala possession of land described above.Any person claiming any rent or right to possession or cultivation in respect of the land comprised in the holding or objecting to the Government taking possession of such land may file his claims or objections, and appear before the Tahsildar of..................Taluk...............day of...............19.............at A.MVP.M. with necessary evidence in support of his claims or objections failing which all concerned are hereby informed that the Tahsildar on behalf of the Government will take possession of the land.

Place:		(Sd.) Tahsildar.
Date:	(Seal)

Note. - When individuals are to be served enter their names and serve.FORM NO. 20Notice inviting applications for lease[See Rule 52(3)]It is hereby notified that the land specified in the Schedule hereunder surrendered to the Government under sub-section (1) of Section 51 or abandoned under sub-section (2) of Section 51 A, of the Kerala Land Reforms Act, 1963 and taken possession of by the Government is proposed to be given on lease. Those who are desirous of getting the said land on lease, may apply to the Tahsildar, within...........in Form No. 21.The terms and conditions of the lease shall be as those specified in the Appendix.

Schedule 2

Taluk

Village

S. No. & Sub-Division

Extent

Class of land

Details of improvements on the land

Other remarks if any

Station:		Tahsildar.
Date:	(Seal)

Appendix

(1)The lease shall be for a period of............... year/years commencing from

(2)The lease is liable to cancellation if it be (found that it was grossly inequitable or was made under a mistake of fact or owing to misrepresentation or in excess of the limits of authority delegated to the officer granting the lease or that there was an irregularity in procedure. Cancellation on any of these grounds may be ordered by any authority to whom the assigning authority is administratively subordinate.

(3)In the event of such cancellation of the lease, the lessee shall not be entitled to compensation for any loss caused to him by the cancellation.

(4)The lessee shall, so long as the lease is in force, be liable to pay fair rent as determined under the Kerala Land Reforms Act, 1963, to the landlord. The fair rent shall be paid from the date of his induction into the land and for this purpose, he shall, immediately on being inducted into the land, get the fair rent of the holding fixed by the Land Tribunal concerned.

(5)The lessee shall not use the land or suffer it to be used except for the purpose for which it is leased out.

(6)The lessee shall permit the officers and servants of the Government with or without workmen at all times to enter upon the lands aforesaid to view the condition of the land.

(7)The lessee shall not assign or underlet the benefits arising under this lease or a part thereof.

(8)The lessee shall not erect any building, fence or structure of a permanent or temporary character on the land without the previous written sanction of the assigning authority.

(9)The lessee shall not without the previous sanction of the assigning authority permit any person to use the land.

(10)The lessee shall, on the termination or revocation of this lease restore the said land to the Government in as good a condition as is consistent with the foregoing conditions.

(11)The lessee shall be answerable to the Government for all or any injury or damage done to the said land except as is permitted by the foregoing conditions.

(12)The assigning authority may revoke the lease wholly or in part, if the lessee shall have broken any of the conditions of the lease herein contained and assume control or otherwise dispose of all or any part of the land and any building, fence and structure thereon and the lessee shall not be entitled to any compensation therefor.

(13)The lease hereby given may be revoked by the assigning authority after giving sixty days' notice in writing and by the Government without notice in an emergency (the said Government being the sole judge of the emergency) and shall be terminable by the lessee by giving to the assigning authority sixty days' notice in writing but without prejudice to any antecedent breach of any of the foregoing conditions. The lessee shall not in case of such revocation or termination be entitled to any compensation in respect of any improvement effected by the lessee on the land or for any loss caused by any interruption of h.s occupation.

(14)In the event of termination of the lease under condition (12) or (13), the Government shall be at liberty to levy proportionate rent upto the date of such termination.

(15)If any doubt or dispute shall at any time hereafter arise between the Government of their Officers on the one part and the lessee on the other as to the rights, duties or liabilities of either party i n respect of any matter or thing relating to or arising out of the lease or the construction or the meaning of all or any of the provisions herein contained, the said dispute or difference shall be referred to the Collector of the District for settlement by arbitration and his decision thereon shall be final.

(16)The lease includes all rights, easements and appurtenances belonging to the land or reputed to belong to it or usually held or enjoyed with it. The existing and customary rights of the Government and the public in roads and paths and rivers, streams and channels running through or bounding the land and the right of the Government to the mines and quarries subjacent to the (SIC)FORM NO. 21Form of Application for Lease[See Rule 52(8)]

1. Name of applicant and his present address:

2. His permanent address:

3. Occupation:

4. Particulars of lands held by him and the nature of his title thereto:

5. Whether he is kudikidappukaran on any land and, if so, its details:

6. Whether he belongs to any Scheduled Caste or Scheduled Tribe-

7. The annual income of the applicant and its sources:

8. Other details, if any, which the applicant desires to furnish:

Station:	Signature or Thumb Impression of Applicant.
Date:

DeclarationI hereby declare that the particulars furnished above are, to the best of knowledge and belief, true and correct.I further declare that in the event of the land being leased out to me I shall execute the lease deed under the relevant provisions of the Kerala Land Reforms (Tenancy) Rules, 1970 and shall also abide by the terms and conditions of the lease.Signature or Thumb Impression of Applicant.Form No. 22Register showing the details of land surrendered or abandoned under Sections 51 and 51A of Kerala Land Reforms Act, 1963 and taken possession of by the Government and leased out[See Rule 52(11)]case No.

file No. in which the case has been dealt with	Particulars of the land surrendered/abandonedand taken possession of by the Government	Name and address of the person by whom the landis surrendered or the person by whom the land was abandoned
Village	Sy. No. & Sub. Dn. No	Extent	Class of land	Boundaries
(1)	(2a)	(2b)	(2c)	(2d)	(2e)	(3)

Name and address of the landowner and otherpersons interested with their nature of interest	Date on which possession is taken	Name and address of the person to whom land isleased out	No. and date of the order sanctioning the lease	Date of induction of the lessee on the land	Fair rent of land leased out	Remarks
(4)	(5)	(6)	(7)	(8)	(9)	(10)

FORM NO. 23Application for purchase of landlord's rights(See Rule 53)

Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

1. Particulars of the holding-

(a)District, taluk and village in which situate:

(b)Survey number and sub-division number, if any, or a description of the land sufficient for its identification;

(c)Boundaries:

(d)Extent:

(e)Class (i.e., nilam, garden, dry land, etc.):

2. Particulars of the documents, if any, evidencing the contract of tenancy:

3. Nature of the tenancy (i.e., Kanam, Kuzhikanam, kudiyiruppu, karaima, verumpattam, etc.), and the applicants interest in the any

4. Name and address of the landlord to whom rent is payable by the applicant:

5. Name and address of the landowner;

6. Name and address of the intermediary, if any.

7. Where the applicant is holding under an intermediary, the details of the rent payable by the intermediary, so far as known, to the landowner:

8. Name and address of the other persons interested in the holding so far as known and the nature of their interests:

9. The Class of land as described in Schedule III in which the land to which the application relates will fall and the appropriate SI. No. with the item in the Schedule to which the land relates:

10. The kind of cultivation usually conducted in the holding:

11. If nilam-

(a)if irrigated, whether irrigated with water for the first time after the commencement of the tenancy from an irrigation work constructed, repaired or maintained wholly at the cost of the Government or a local authority or a co-operative Society or by the tenant:

(b)the number of crops raised and the gross produce in respect of each crop:

12. Structures, wells and embankments of a permanent nature, their approximate value and the persons to whom they belong.

13. If garden lands-

(a)Details of coconut trees, are coconut trees and pepper vines, the persons to whom they belong and the approximate yield:

(b)Details of timber trees, their approximate value and particulars of the persons to whom they belong.

14. If dry land-

(a)The nature of the cultivation thereon with details of timber trees, if any, their approximate value and the persons to whom they belong:

(b)Details of coconut trees, are coconut trees and pepper vines, if any, their approximate yield and the persons to whom they belong

15. The contract rent payable (in kind or in cash) in respect of the holding, installments, if any in which it is payable, the date or dates on which the rent or installments of rent are payable, and the rate of interest, if any:

16. Where fair rent is determined under any law in force immediately before 21-1-1961, the details of such fair rent and the number and year of the order determining such fair rent.

17. Whether the applicant has opted for fair rent by notice sent by registered post and if opted, for what data. (Produce postal receipt and acknowledgement):

18. Other lands in which the applicant or the members of his family have interest either as owner with possession, landowner, intermediary, cultivating tenant, or mortgagee :n possession, their extent and description:

19. Extent and description of the land proposed to be purchased:

20. Other relevant particulars, if any: Dated this the..............................day of........................19............. .....

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars stated in columns........................of this application are true to my/our knowledge and that particulars stated in paragraphs......................are based on information which I/we believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

FORM NO. 24Notice to landowner, intermediaries, etc.(See Rule 54)Before The Land Tribunal Of..........................................................NoticeReference:- Application No................................of 19......................Name(s) and address(es) of applicant(s):Name(s) and address(es) of respondent(s):To.........................................(Name and address of the party to whom notice is sent)Take notice that an application for purchase of the right, title and interest of the landowner and intermediaries in respect of land(s) specified below has been filed before this Tribunal by Shri/ Smt................under Section 54 and that the same has been posted for hearing at................... a.m).p.m. on day of ......................19 You may enter appearance before the Tribunal at the time and date, and put forth objections and claims, if any, in regard to the application aforesaid.If no such appearance is made, the application will be heard and decided in your absence, Specification of Land(s)

1. District, Taluk and Village

2. Description of lands (Sy. No., s ..b-division No. & extent)

3. Class of land (garden, nilam, dry land etc.)

By order,Head Ministerial OfficerFORM NO. 25Notice to landowner, intermediary etc.[See Rule 55(2)]Before The Land Tribunal Of. ...............................................................................Reference:- Notice O.A. No................... of.........19.......To.................................(Name and address of the party to whom notice is sent)Take notice that the application for the purchase of the right, title and interest of the landowner and intermediaries in respect of land(s) specified below filed before this Land Tribunal by Shri/ Smt.................under Section 54 has been duly enquired into and that the following preliminary findings have been tentatively recorded - (here copy in a tabular form the preliminary findings recorded).You may/Any person interested may/enter appearance before the Land Tribunal on or before...................(here enter the date) and prefer in writing claims or objections, if any, for the purchase price or part thereof.Any objections or claims that may be preferred in the matter by you/any interested person before the specified date will be heard by the Land Tribunal on............................ at..........Claims and objections received after the specified date will not be considered.Specification Of Land(S)

1. District, Taluk and Village

2. Description of lands (Sy. No,, sub-division No. and extent)

3. Class of land (garden, nilam, dry land, etc.)

By order,Head Ministerial Officer.FORM NO. 26Certificate of purchase(See Rule 57)

No. ...................Reference:...........

Office of the Land BoardDated................

(1)Number and date of the application for purchase.

(2)Number and date of the Land Tribunal's order allowing purchase.

(3)Number and year of appeal or revision if any.This is to certify that Shri/Smt....................the cultivating tenant of the land specified in the schedule below, has purchased the right, title and interest of the landowner and the intermediaries in respect of the land, he/she having deposited with the Land Tribunal of............... the sum of Rupees...............(in words) being the whole/the first installment, of the price payable and that the right, title and interest in respect of the land shall vest in the said Shri/ Smt.................... with effect from the . day of the month....of....19....... free from all encumbrances, but subject to the liability for payment of future installments of purchase prioe, if any, together with the interest thereon, and subject also to the liability for all taxes and cesses payable to the Government or to any local authority.

Given under my hand and the seal of the Land Board,this day...................... of 19.........
(Seal of Office)	Land Board.

Schedule 3

serial number	Description of the land	Name of the landowner whose right, title andinterest are purchased	Name of the intermediaries, if any, whose right,title and interest are purchased	Extent of the land to which the right, title andinterest purchased relate
District, Taluk and Village	Survey number, sub-division number, or adescription sufficient for identifying the land.	Extent	Boundaries	Class of land
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

Purchase of price	Rate of interest	Date of deposit of the purchase price in lump orfirst installment thereof	Date from which the purchase takes effect	Name of the person (cultivating tenant) who haspurchased and in whom the right, title and interest over the landvests.	Remarks
Amount of purchase price and whether payable inlump or in installments	If in installments the No. of installments, theamount of each installment and the date on which each installmentis payable
(10)	(11)	(12)	(13)	(14)	(15)	(16)

[Form No.26A] [Inserted by SRO No. 369/80, dated 05/04/1980.]Nomination(See Rules 59A & 86A)I, (Name and address).......................................................hereby nominate the person mentioned below to receive the amount of purchase price/value of encumbrance /maintenance/alimony payable to me in the event of my death before that amount is paid to me.Name and full address of the nominee:Relationship with the person entitled to the amount:Particulars of the amounts payable (whether the amount payable is towards purchase price/value of encumbrance/ alimony etc.)Place:Date

Signature of the person making nomination.
Witnesses:	Name and address	Signature
1..........................
2........................

Form No. 27Form of Application for vesting right, title and interest of religious, charitable or educational institutions of a public nature in Government[See Rule 61(1)]

1. Name of the Institution.

2. Its location (Village, Taluk and District in which situate).

3. Address.

4. Nature of the Institution as religious charitable or educational.

5. Is it religious, charitable or educational institution of a public nature and if so, how.

Schedule 4

Details of holdings in respect of which the institution desires to be paid annuity

Serial No.	District	Taluk	Village	Survey No. and sub-division No or descriptionsufficient for its identification	Extent
1	2	3	4	5	6

Whether the institution is the landowner or anintermediary; if intermediary state the name and address of thelandlord under whom it holds	The name and address of the person to whom theinstitution had given the lease	The annual contract rent payable to theinstitution by the tenant	Where the institution is an intermediary, theannual contract rent payable by the institution to its landlord
(7)	(8)	(9)	(10)

Whether fair rent had been fixed under any law inforce immediately before 21-1-1961. If fixed, the quantum of fairrent and the rent payable to the institution and where theinstitution is an intermediary also the amount of rent payable bythe institution to its landlord under such order; and the No. andyear of the application in which fair rent was determined and theauthority which passed the order determining fair rent	Whether fair rent had been fixed under K.A.R.Act, 1961 or K.L.R. Act, 1963. If so furnish details of thenumber and year of the application in which fair rent wasdetermined and the Land Tribunal which determined such fair rent	Name and address of the tenant in possession ofthe land comprised in the holding (so far as known)
11	12	13

Name and address of any other person or personsinterested in the holding (so far as known)	Whether the right, title and interest of theinstitution over the holding is subject to any encumbrance; ifso, the details of the documents creating the encumbrance andthe amount of encumbrance subsisting on the date of application	Any other particulars considered relevant by theapplicant
14	15	16
[I/We certify and declare that the details ofall the holdings in respect of-which the institution desires tobe paid annuity are given above and that those details are trueand correct to the best of my/our knowledge and belief.] [Substituted by SRO. No. 297/70 dated 17/02/1970, published in K.G No, 30 dated 28/07/1970.]
Applicants (1)
(2)
(3)		Signature ….................

[Form No. 27A] [Substituted by Spc. No. 90/83 dated 09/12/1982, published in K.G No. 4 dated 25/01/1983.]Application for interim annuity(See Rule 68A)

1. Name and address of the Institution.

2. Its location (Village, Taluk and District in which situate).

3. Name, the status in relation to the institution and address of the person(s) entitled to receive the payment of interim annuity.

4. Year for which the interim annuity s claimed.

5. Year for which the interim annuity was sanctioned for the last t[me (G O. No. and date, if any, should be noted)

6. Nature of the institution as religious charitable or educational.

7. Is it religious, charitable or educational institution of a public nature and if so, how?

8. Whether the application for annuity was to Government/Land Board.

9. Date on which the application was made and how? (whether by registered post or in person).

10. Money value of the total annual contract rent (as estimated by the applicant) to which the applicant is entitled for the holding or holdings in respect of which it has applied for annuity (the commutation rate for commodities, if any, to be at the rate published under Section 43 for the quarter previous to the quarter in which this application is made)

11. Name of the Treasury at which payment is required.

I/We certify and declare that the particulars given above are true and correct to the best of my/our knowledge and belief.I/We agree that in case it is found that the institution is not entitled to any amount by way of annuity, the interim annuity paid to the institution may be recovered by the Government from it as arrears of public revenue due on land.

place:
Date:	Signature of applicant(s)

[Form No. 27b] [Inserted by G.O.(P) No. 12/2009/RD.dated 6.1.2009 in K.G. Extraordinary No. 65 dated 8.1.2009.](Sec Rule 68B)

1. Name and address of the Institution :

2. Location of the institution :

(Village, Taluk and District in which situate)

3. Name the status in relation to the institution and address of the persons entitled to receive the payment of annuity

4. Year/Years for which the revision of annuity is claimed :

5. Year for which annuity/interim annuity was sanctioned for the last time (GO. No. and date, it any, should be noted)

6. Nature of the institution as religious, charitable or educational :

7. Whether religious, charitable and educational institution of a public nature and if so, furnish details

8. Amount sanctioned as annuity :

9. Name of the treasury at which the payment is required :

I/We certify and declare that the particulars given above are true and correct tc ihe best of my/our knowledge and belief.I/We agree that in case if found that the institution is not entitled to any amount by way of annuity, the revised annuity paid.to the institution be recovered by the Government as arrears of public revenue due on land. Place:

place:
Date:	Signature of applicant(s)

Form No. 28Land BoardRegister of applications from religious, charitable or educational institutions for vesting In Government of their right, title and interest[See Rule 61(2)]

Serial No	Name of institution	Its location (village, taluk and district inwhich situate)	Nature of the institution as religious,charitable educational	Date of application for vesting	Date of receipt the application by the Land Board	Whether an enquiry under Rule 62 was conducted toascertain whether the institution is eligible to claim annuity.if so, the result (here note No. and date of the order)	Date of the direction issued to the Land Tribunal(with current No. and date)
1	2	3	4	5	6	7	8

The name or names of the Land Tribunal to whomdirection was issued and the date -or dates of forwarding heapplication for determination of annuity	Date or dates of receipt of annuity statementsfrom the Land Tribunal or the Land Tribunals	If statements returned to the Land Tribunal, thedate of such return and to which Land Tribunal (with current No.and date)	When returned, the date on which the annuitystatement is received back from the Land Tribunal	Date of forwarding of the annuity statement tothe Government (with current No. and date)	Government orders (No. and date) in which theannuity was sanctioned and the amount of annuity	Remarks if any
9	10	11	12	13	14	15

[FORM NO. 29] [Omitted by SRO. No. 843/77 eft. 09/08/1977, published in K.G Extraordinary No. 532 dated 09/09/1977.]Report of particulars relating to holdings for determination and payment of annuity(See Rule 63) x x x x][FORM NO. 30] [Omitted by SRO. No. 843/77 eft. 09/08/1977, published in K.G Extraordinary No. 532 dated 09/09/1977.]Notice to prefer claims and objections[See Rule 64(1)]X X X x][FORM NO. 31] [Omitted by SRO. No. 843/77 eft. 09/08/1977, published in K.G Extraordinary No. 532 dated 09/09/1977.]Draft statement of annuity/Order under sub-section (5) of Section 66[See Rules 64(4) and 65(3)]X x x x][FORM NO. 32] [Omitted by SRO. No. 843/77 eft. 09/08/1977, published in K.G Extraordinary No. 532 dated 09/09/1977.]Register of Statement of Annuity of Religious, etc. institutions[See Rule 67(1)]X X X x][FORM NO. 33] [Omitted by SRO. No. 350/74 dated 13/05/1974, published in K.G. Extraordinary No. 425 dated 17/05/1974.]Form of Notification vest in right, title and interest of institutions in the Government.[See Rule 67(1)] x x x x][Form No. 34] [Omitted by SRO. No. 843/77 eft. 09/08/1977, published in K.G Extraordinary No. 532 dated 09/09/1977.]Annuity Payment Order No ....[See Rule 68(2)] x x x x][Form No. 34A] [Inserted by SRO. No. 297/70 dated 17/02/1970, published in K.G No, 30 dated 28/07/1970.]

Interim annuity payment order No.
(See Rule 68A)
Institution's Half/Treasury Half
Kerala Government
Debit able to
Head of Account
Major Head
Minor Head
Voted
Charged/non-voted
Name and address of the Institution
Amount of interim annuity (in words)
(in figures)
Name of Treasury at which payable:
Trivandrum	Secretary to Government
Date	Additional Secretary to Government
	Joint Secretary to Government
	Deputy Secretary to Government
	(Score out the designation not applicable)
Office of the Accountant General
Dated …...................................

Sir,Please pay to................................................................. the sum of rupees.........................being the amount of interim annuity payable under Rule 68A of the Kerala Land Reforms (Tenancy) Rules, 1970, upon the production of this order and a receipt according to the usual form.Signature:Designation:ToThe Treasury Officer,.............................................Payable at ..............................Treasury]FORM NO. 35Application to Government for Acquisition of land for shifting kudikidappukaran[See Rule 72(1)]ToThe Government of KeralaApplication under Section 75(3) of the Kerala Land Reforms Act, 1963.Applicant- (Name and address)The above said applicant states as follows:-

(1)The applicant holds...................cents of lands in S. No...........of........... Village Taluk in the limits of the Corporation/Municipality/Panchayat/ Township/Cantonment/of.................

(2)Within the said land there is a kuaiKidappu measuring about cents the kudikidappukaran being; (Name and address).

(3)The land including the kudikidappu is required by the applicant for constructing a building for his own residence.

(4)The applicant is, therefore, obliged to request the Government to acquire necessary land to shift the said kudikidappu to that land.

(5)The applicant is prepared to deposit, whenever called for, his share of the cost of the acquisition.

(6)The applicant declares that on the 1st day of July, 1969, the total extent of land held by him either as owner or as tenant was less than one acre. The details of the land heki (including the land referred to in para 1 in which the kudikidappu is situate) on that date are given below in the Schedule.

(7)[ This application is made with the consent of the Kudikidappukaran (produce also necessary documentary evidence to show the consent).] [This Paragraph Should be Scored out in the Application is Presented before 1st January 1972.]The applicant, therefore, pays that the Government be pleased to direct (a) acquisition of land under the Land Acquisition Act, the applicant bearing 871/2% of the cost of acquisition of land for the above said purpose, (b) the allotment of such land to the above said kudikidappukaran and (c) the shifting of the kudikidappu to the land so allotted.

of The Total Extent of Land Either As Owner or As Tenant As On 1-7-1969.

Sl. No.	District	Taluk	Village	Survey and sub-division No. if any, or adescription of the land sufficient for its identification	Extent of land	Nature of possession whether as tenant or owner
(1)	(2)	(3)	(4)	(5)	(6)	(7)
	Dated This .............DayOf..........197........
					(Sd.)
					Applicant.

FORM NO. 36Patta for land acquired for shifting kudikidappukaran[See Rule 72(6)]Number:TalukVillagePattadar:The amount of tax as per this patta should be paid to the Village Officer or the Village Assistant according to the kisthandi mentioned below and receipt obtained therefor.

Station:		Tahsildar.
Date:
Kist	Amount
	Rs.ps.
1.	Survey number:
2.	Subdivision number
3.	Wet or dry
4	Area	Acre (Hectares)	Cent (Ares)
5.	Tax

Form No. 36A(See Rule 72)

Before The Land Tribunalof.....................................
Application No ............................. of19 ..........................
Name(S) And Address(es) of Applicant(S)	Name(s) and address(es) of respondents)

To..........................You are hereby directed to evict the kudikidappukaran Sri on from the Kudikidappu described in the schedule below and you are hereby authorised to remove any person who may refuse to vacate the kudikidappu.Given under my hand and seal this........................day of............19

Schedule 6

Date:		Land tribunal.
Place:	(Seal)

Certificate of ExecutionI............do hereby deciare that I have evicted the kudikidappukaran named above from the kudikidappu described in the schedule above on.............day of 19..........................in the presence of two witnesses described below:- Name(s) and address(es) of witnesses and their signature.

1 ..............................	2..........................
Date:
Place:	Signature of the Officer Executing the warrantCountersigned
Date:	Land Tribunal]

FORM NO- 37Register of Kudikidappukars[See Rule 73(1)

Name of the local authority
Serial No.	Name and Date of Kudikidappukaran	Date of Registration	Taluk	Village	Survey and sub-division No. of the land in whichthe kudikidappu is situate or a description sufficient foridentification	Extent of the land in which the kudikidappu issituate	Extent of the land occupied by the kudikidappu
1	2	3	4	5	6	7	8

Exact location of the kudikidappu	Name & address of owner of the land in whichthe kudikidappu is situate	Name & address the person in possession ofthe land in which the kudikidappu is situate	Description of the rights if any accrued to theKudikidappukaran by custom, usage or agreement and which he wasenjoying immediately before the 1st April, 1964.	Easement attached to the kudikidappu, if any.
9	10	11	12	13

Whether the kudikidappu consists of homestead orhut	Name and address of the persons to whom the hutbelongs	The plinth area of the homestead or hut	Whether the homestead or hut has been repaired,improved or reconstructed by the Kudikidappukaran on or after 1stJanuary, 1970 by extending the plinth area and if so- (a) when;and (b) the original plinth area and the extended plinth area	Remarks (Here enter the number and date of theorder of the local authority)	Signature of the Mayor/ Chai rman/President
14	15	16	17	18	19

FORM NO. 38Application for registration as kudikidappukaran[See Rule 74(1)]Before the Council of the Corporation of . .........................Municipal CounciL of.................................. Panchayat..........................Township Committee of ...................................................Application No...................of 19................................

1. Name and address of the applicant:

2. Particulars of the land in which the kudikdappu is situate

(a)Taluk:

(b)Village:

(c)Survey No and sub-division No. or a description of the land sufficient for its identification:

(d)Extent:

(e)Name and address of the owner:

(f)Name and address of the person in possession

3. Particulars of the kudikidappu-

(a)extent:

(b)location:

(c)its dimension:

(d)the plinth area of the homestead or hut as on the 1 st day of January, 1970:

(e)the plinth area of the homestead or hut as on the date of application:

4. Whether the kudikidappu consists of homestead or hut:

5. If the kudikidappu consists of hut-

(a)name and address of the person to whom the hut belongs:

(b)the cost at the time of construction of the hut:

(c)the rent which the hut would have yielded at the time of construction:

Note. - Answers to (b) and (c) to be furnished on the basis of the estimate of the applicant.

6. Whether the applicant had continuous occupation of the homestead or hut from 16th August, 1968, to the 1st day of January, 1970:

7. If the applicant began occupation of the homestead or hut only after 16th August, 1968, the name and address of the person who gave permission to erect the homestead or occupy the hut:

8. Whether the kudikidappu right is claimed-

(i)after redemption of the mortgage over the land in respect of which the kudikidappu right is claimed, as a revival of the kudikidappu right which existed before the kudikidappukaran secured the mortgage with possession of such land or

(ii)after redemption of the mortgage over the land in respect of which the kudikidappu right is claimed, on the ground that while the applicant was the mortgagee he erected a homestead or resided in a hut already in existence there; or

(iii)as a transferee from a kudikidappukaran; or

(iv)by inheritance; or

(v)in respect of a hut belonging to the owner of a plantation and situate in the plantation:

9. Whether the applicant possesses any land, either as owner or as tenant; if in possession give the extent and other details of the land so possessed and name or names of the local authority or authorities within whose jurisdiction such lands are situate; state also whether on the land so possessed he could erect a homestead and if not why:

10. Description of the rights, if any, accrued to the applicant by custom, usage or agreement and which he was enjoying immediately before the 1st day of April, 1964:

11. Easements attached to the kudikidappu, if any:

I/We declare that the particulars stated above are correct and true to the best of my/our knowledge and belief.

place:
Date:	Signature

FORM NO. 39Report of the particulars of kudikidappu[See Rule 74(2)]Name of the local authority;Application No...................of 19.....................

1. Name and address of kudikidappukaran:

2. Date of inspection:

3. Taluk:

4. Village

5. Survey and sub-division No. of the land in which the kudikidappu is situate or a description sufficient for identification:

6. Extent of the land in which the kudikidappu is situate:

7. Extent of the land occupied by the kudikidappu:

8. Exact location of the kudikidappu:

9. Name and address of owner of the land in which the kudikidappu is situate:

10. Name and address of the person in possession of the land in which kudikidappu is situate.

11. Description of the rights, if any, accrued to the kudikidappukaran by custom, usage or agreement and which he was enjoying immediately before the 1st April, 1964.

12. Easements attached to the kudikidappu, if any:

13. Whether the kudikidappu consists of homestead or hut:

14. Name and address of the person to whom the hut belongs:

15. The plinth area of the homestead or hut:

16. Whether the homestead or hut has been improved, repaired or reconstructed by the kudikidappukaran on or after 1st January, 1970 by extending the plinth area and if so-

(a)when, and

(b)The Original Plinth Area And The Extended Plinth Area.

17. Where the kudikidappu consists of a hut,-

(a)the cost of hut at the time of construction; and

(b)the rent which the hut would have yielded at the time of construction:

18. Period of possession of the homestead or hut by the kudikidappukaran:

19. Details of other lands held by the kudikidappukaran in the State, as far as known

place:	Signature
Date:	Name and designation of the reporting Officer.

FORM NO. 40Notice of Enquiry on Application for Registration of Kudikidappu[See Rule 74(3)]Name of the local authority.Application No.....of 19 .....To(Here enter name and address of the person to whom it is issued)Whereas (enter name and address of the applicant) has applied under Section 80 of the Kerala Land Reforms Act, 1963, for registering his name in the register of Kudikidappukars in respect of his kudikidappu situate in the land described herein below (here enter a sufficient description of the land in which the kudikidappu is situate)..................and whereas the application has been posted for enquiry on the....................day of............... 19............at ...........A.M./P.M. at the office of the Corporation/Municipality/Panchayat/ Township.........................to ascertain-

(i)whether the applicant is a kudikidappukaran; and

(ii)to settle the particulars necessary for the preparation of the register.

You are hereby informed that if you are interested in the subject matter of the enquiry you may enter appearance at the time and date and put forth in writing your claims if any to the registration.

Date:	By order
place :	Commissioner/Executive Officer.

Note. - A sketch of the land in which the kudikidappu is situate showing the location of the kudikidappu is kept in this office. You may on any day, before the date fixed for the enquiry, inspect the same during the working hours of this office.FORM NO. 41Application for purchase of kudikidappu[See Rule 79(1)]Before The Land Tribunal Of................................Application No.....................of 19...................

1. Name and address of the applicant

2. Particulars of the land in which the kudikidappu is situate-

(a)District, taluk and village

(b)Name of the local authority within whose jurisdiction the land is situate.

(c)Survey No. and sub-division No. if any or description of the land sufficient for identification

(d)Boundaries

(e)Extent

3. Whether the kudikidappu consists of homestead or hut.

4. If the kudikidappu consists of hut-

(a)approximate cost of the hut at the time of construction-

(b)the monthly rent which it would have yielded at the time of construction.

5. Whether the applicant had continuous occupation of the hut or homestead from 16th August, 1968, to 1st January, 1970; if he had no such continuous possession, the name and address of the person who gave permission to erect the homestead or occupy the hut and the date, month and year or in which such permission was given.

6. Whether the applicant possesses any land either as owner or as tenant; if in possession give the extent and other details of the land so possessed and name or names of the local authority or authorities within whose jurisdiction such lands are situate.

7. Where the total extent of land possessed by the applicant exceeds 3 cents in any city or major municipality or 5 cents in any other municipality or 10 cents in any panchayat area or township, state whether he could erect a homestead on such land possessed by him and if not why.

8. Whether the kudikidappu right is claimed-

(i)after redemption of the mortgage over the land in respect of which kudikidappu right is claimed, as revival of the kudikidappu right which existed before kudikidappukaran secured the mortgage with possession of such land; or

(ii)after redemption of the mortgage over the land in respect of which kudikidappu right is claimed on the ground that while the applicant was the mortgagee he erected a homestead or resided in a hut already in existence there; or

(iii)as a transferee from a kudikidappukaran; or

(iv)by inheritance; or

(v)in respect of a hut belonging to the owner of a plantation and situate in the plantation

Note. - Score out the grounds not applicable to him and state clearly the facts which entitle him to be a kudikidappukaran.

9. The extent of land held by the person in possession of the land in which the kudikidappu is situate as on the 1st day of July, 1969 (so far as known to the applicant),-

(a)less than one acre;

(b)one acre or more but less than 2 acres;

(d)3 acres or more but less than 4 acres;

(e)4 acres or more but less than 5 acres;

(f)5 acres or more

Note. - (SIC)

10. Name and address of the holder of encumbrance charged on the right, title and interest, in respect of the land in which the kudikidappu is situate, (so far as known to the applicant) of the-

(a)iandowner;

(b)intermediary;

(c)person in possession.

11. Name and address of the person entitled to maintenance or alimony and charged on the right, title and interest, in respect of the land in which the kudikidappu is situate (so far as known to the applicant) of the-

(a)the landowner;

(b)the intermediary;

(c)the person in possession.

12. Name and address of the person in possession of the land in which the kudikidappu is situate.

13. Name and address of the landowner of the land in which the kudikidappu is situate, (so far as known to the applicant).

14. Name and address of the intermediaries, if any, in the land in which the kudikidappu is situate, (so far as known to the applicant).

15. Name and address of the person to whom the hut, if any, belongs.

16. Whether there are other kudikidappus in the land in which the kudikidappu of the applicant is situate. If so the number of such other kudikidappus and the name and address of such kudikidappukars.

17. Whether there are other kudikidappus (so far as known to the applicant) in other lands, if any, whether situated in the jurisdiction of this Land Tribunal or of other Tribunals, held by the person in possession of the land in which kudikidappu of the applicant is situate. If so, the number of such kudikidappus and details as far as possible of the lands in which those are situate and the name and address of the kudikidappukars of such kudikidappus.

Dated this the ..................... day of............... 19...............

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

DeclarationI/We declare that the particulars stated in columns...................of this application are true to the best of my/our knowledge and that the particulars stated in columns...................of this application are based on information, which I/We believe to be true.

Applicants (1)................................

(Signature)

(2) ….............................................

(Signature)

FORM NO. 42Notice of application for purchase oF kudikidappu[See Rule 79(2)]Before The Land Tribunal Of.....................NoticeReference: Application No., of 19.....ToAll whom it may concern(Name and address of the party when issued as individual notice)Whereas (here enter the name and address of the applicant.................................. ................................................) has applied under Section 80C of the Kerala Land Reforms Act, 1963, to purchase his kudikidappu situate in the land described herein below give the Survey Number and Sub-Division Number and description sufficient for the identification of the land) and situate within the jurisdiction of Corporation/Municipality/Panchayat/ Township/Cantonment...................and in the possession of (here enter the name of the person in possession of the land in which the kudikidappu is situate).........and whereas the.......day of 19 has been fixed by this Tribunal for appearance of parties and filing of written statement.You are hereby informed that if you have any objection to the application being allowed to purchase his kudikidappu or any claim to or over the purchase price payable by him you may enter appearance before this Tribunal sitting at on the date above fixed at A.M./P.M. and put forth by a written statement your objections against the aforesaid application being allowed or your claims if any to or over the purchase price.If you are a kudikidappukaran in the land described above, you may, if you are entitled to and desirous of purchasing your kudikidappu and the land adjoining thereto, apply to this Tribunal for such purchase on or before the day above fixed for the appearance of the parties.A copy of the application in Form 41 is appended

Place:		By orderHead Ministerial Officer
Date:	(Seal)

Form No. 43Certificate of purchase of Kudikidappu(See Rule 87)

No. .......................

Office of the Land Tribunal................dated...........

Reference: Number and year of the application for purchase.This is to certify that Shri/Smt........................has purchased under the provisions of the Kerala Land Reforms Act, 1963, the land, the land with the kudikidappu thereon, described in the Schedule below and more particularly specified in the plan herewith appended and that the purchase price is Rs (in words)...........of which one-half is payable by the purchaser. The purchaser the whole of having deposited Rs.. (in words).............being the whole of his share of the purchase price, the first installment of his share of the purchase price being not bound to deposit any purchase price on account of set off allowed to him, he is declared to be the owner of the land, the land with the kudikidappu thereon on and from the day of .......... 19 and it is further declared that with effect from that day the right, title and interest of the landowner, intermediary or intermediaries, and the person in possession, in respect of the land/the land with the kudikidappu have vested in the purchaser free from all encumbrances, but subject to the liability for payment of future installments of purchase price, if any, together with the interest thereon, and subject also to the liability for all taxes and cesses payable to the Government or to any local authority.Given under my hand and the seal of the Land Tribunal, this day of ...............19...........................Land Tribunal.(Seal of Office)

Schedule 7

District, Taluk and Village	Survey Number sub-division number or adescription sufficient for identifying the land	Extent	Name and address of the landowner whose right,title and interest are purchased	Name and address of the intermediary whose right,title and interest are purchased	Name and address of the person in possessionwhose right, title and interest are purchased	if the purchase price is paid in installment, thenumber of installments, the amount of each installments and thedate on which each installment is payable
(1)	(2)	(3)	(4)	(5)	(6)	(7)
						Land Tribunal

Form No. 44The Land Tribunal/Appellate Authorlty/Taluk Land Board of...................The Land Board[See Rule 99(1)]Posting book for the .......day of ...............19

Sl. No.	Year and No. of the case	Previous posting	Purpose of the adjournment	Adjourned date	Purpose of adjournment
1	2	3	4	5	6

Form No. 45Diary Register[See Rule 101(1)][In The Land Board/taluk Land Board/appellate Authority/land Tribunal Of...............] [Substituted by SRO. No. 355/73 dated 02/06/1973, published in K, G. Extraordinary No. 479 dated 02/06/1973.]No....................................Of 19...............................Between A.B. and C.D

Date	Purport of the proceeding	Orders passed	Adjourned date	Purpose of adjournment	initials of member of L. B. or AppellateAuthority or Land Tribunal
1	2	3	4	5	6

FORM NO. 46Register of final orders[See Rule 113(1)]

SI.No.	O.A No.	Date of application	Name of applicant	Name of respondent	Gist of claim with relevant section of the Act
1	2	3	4	5	6

Date of final order	Gist of final orders	No. of appeal, if any and gist of appellate orderwith date of order	No. of revision if any and gist of revisionalorder with date of order	Initials of the Land Tribunal/Land Board
7	8	9	10	11

FORM NO. 47Register of Applications(See Rule 117)Land Tribunal Of.......

Application No..........of 19 ........Presentedon
Applicant (name and address) and pleader	Respondent (name and address) and pleader	Gist of claim	Date for respondent's first appearance	Date of final order and result	Appeal No. and result with date	Revision No. and result with date	Remarks
1	2	3	4	5	6	7	8

FORM NO. 48Register of Court-fees during the year 19............(See Rule 117)Land Tribunal Of......................

Sl. No.	The date of presentation of the document	The name and address of the person presentingthe document	No. and year of the application in which it ispresented	The nature of the application (Document)	Denomination of stamps	Total Value	Remarks
Rs. P. No.	Rs. P. No
1	2	3	4	5	6	7	8

Form No. 49Register of Impounded instruments during the year 19....(See Rule 117)The Land Tribunal Of.................

Sl No.	Date of filing the document	Date of order	No. and year of the application	Nature and date of instrument impounded	Name and address of person by whom produce	Proper stamp duty	Stamp duty already paid	Deficiency to be made good
1	2	3	4	5	6	7	8	9

Penalty	Total of Col. 9 & 10	Date of payment and address of payer	Initials of Head Ministerial Officer	Date of remittance to the Treasury and number ofchalan	Date of sending the copy or original to theCollector	Date of return of original	Remarks
10	11	12	13	14	15	16	17

FORM NO. 50Register of Applications for the return of documents(See Rule 117)The Land Tribunal Of.....................

Sl No. Of Application	Date Of Application	Name Of The Applicant In The Proceeding In WhichThe Document Was Filed	No And Year Of The Proceeding In Which TheDocument Was Filed	Description Of The Document Applied For	The Court's Order Om The Application	The Date Of The Return On The Application	The Acknowledgement By The Party Of The ReceiptOf The Document	Remarks
1	2	3	4	5	6	7	8	9

FORM NO. 51Register of Copy application(See Rule 117)The Land Tribunal Of.............

Serial No	Name of the applicant	Date of application	Description of the document applied for	Date of order on the application	Date of calling for copying sheets	No. of copying sheets produced with date	Date of preparation of copies
1	2	3	4	5	6	7	8

Date for receiving copies	Date of issue of copies	Acknowledgement of the issue	No. of sheets supplied	No. of sheets returned	Acknowledgement of return	Remarks
9	10	11	12	13	14	15

[xxxx] [Form 52 and 53 omitted by SRO. No 355/73 dated 02/00/1973, published in K G. Ext No. 497 dated 02/06/1973.]FORM NO. 54Stock Register of Stationery and Forms(See Rule 117)The Land Tribunal Of.....................................N.B. - One page should be set apart for each kind of articles or Form Name or Article or Form

Date	Receipts	Total including balance in hand	Issue	Balance	Initial of the person To whom issued
To whom and date	Number or quantity

FORM NO. 55Register of Commissions(See Rule 117)The Land Tribunal Of......................................

Date of issue of commission	No. and year of the case in which the commissionis issued	Date of order for issue of the commission and thecircumstances under which it is made	Nature of the commission ordered and issued	The locality in which the commission is to beexecuted	Distance of the locality from the office of theTribunal/Board	Remuneration fixed for the commission and thedate of payment thereof
1	2	3	4	5	6	7

Name and qualifications of the person to whom thecommission is issued and if, to another Tribunal, the name of theTribunal	Amount (if any) paid into the hands of theCommissioner, for the expenses of the execution of the commission	Date of such payment	Date fixed for the return of the commission	Date of return	Result of the execution of the commission and thefact of the production of vouchers for expenses incurred	Date of payment of remuneration to commissionerand the commissioner's signature	Remarks
8	9	10	11	12	13	14	15

FORM NO. 56Register of papers despatched for the year 19..................(See Rule 117)The Land Tribunal Of ...........................................

Sl. No.	Number of the letter and date of despatch	To whom addressee	Cost of StampRs. Ps
1	2	3	4

FORM NO. 57Stock Register of service postage stamps for the year 19................................(See Rule 117)The Land Tribunal of.................................

Date	Particulars of receipts of issue includingopening balance	Stamps	Value of Stamps	Initials of Head Ministerial Officer
Re.1	50P.	25 P.	10 P.	5 P.	2 P.	1 P
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
	No. of stamps received No. of stamps issuedwith No. of letter and name of addressee Balance

FORM NO. 58Declaration to be made under Section 120[See Rule 145]

1. (a) Name of the transferor/transferee

(b)Address in full

2. Particulars of the land to which the document relates.

Sl. No.	District	Taluk	Sub-division	Village	Survey Number	Extent	Boundaries	Nature of transfer	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)

3. Whether the total extent of land held by the transferor/transferee including the land transferred exceeds the ceiling area,

4. Particulars of all land already held by the transferor/transferee.

Sl. No.	District	Taluk	Village	Survey Number	Sub-division Number	Extent	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

I declare that to the best of my knowledge andbelief, the information furnished above is correct and complete.
Declarant's identity proved by-Signature of thetransferor/transferee.
(1) Name	Occupation	Address
(2)
Particulars to be furnished by the RegisteringAuthority
Name of the office of registration:
Date of registration of the document:
Number of the document:
Place......................
Date.......................		Registering Authority.

Sl. No.	Nature of document		Rate of fee
(1)	(2)		(3)
1.	Section 22(1): Application by landlord torresumption of land	...	1.00
2.	Section 23(1): Application by tenant forrestoration of possession of land previously resumed	...	2.00
3.	Section 26(1): Application for recovery ofarrears of rent	...	1.00
4.	Section 29: Application for preparation ofrecord of rights	...	2.00
5.	Section 31(1): Application by cultivatingtenant or landlord for determination of fair rent	...	1.00
6.	Section 33: Statement regarding agreed rent	...	1.00
7.	Section 38(2): Application by tenant forremission of rent	...	1.00
8.	Section 39(1): Application by cultivatingtenant for abatement or reduction of rent	...	1.00
9	Section 46(1): Application by tenant forpermission to pay arrears of rent through Land Tribunal . . 1.00	...
10.	Section 48(1): Application by landlord ortenant for apportionment of rent and security for rent -	...	1.00
11.	Section 49(3): Application by person acquiringinterest in part of the holding	...	1.00
12.	Section 51: Statement by tenant regardingsurrender of interest in the holding	...	1.00
13.	Sections 51(3) and 51A(4): Application forlease of land surrendered or abandoned	...	0.75
	Note.- No fee need be paid under thisitem in respect of applications made by any local authority orby any department of the Government.	...
14.	Section 52(6): Application in case of disputeregarding rights over timber trees	...	1.00
15.	Section 54(1): Application by cultivatingtenant for purchase of the landlord's rights in his holding	...	2.00
16.	Section 65(1): Application by religious,charitable or educational institutions of a public nature forvesting of their rights in Government	...	5.00
17.	Section 75(3): Application to Government foracquisition of alternative site for shifting Kudikidappu	...	2.00
17A	Section 77: Application for shifting ofkudikidappu	...	5.00
18.	Application for registration of Kudikidappukars	...	0.50
19.	Section 101 (2)(d): Application for transfer orre-transfer of application or other proceeding from one Tribunalto another or from one Appellate Authority to another	...	2.00
20.	Section 106(2): Application for restoration ofpossession of lands delivered	...	2.00
21.	Application for issue of copies	...	0.25
22	Applications or petitions or appeals, if any,for purposes other than those specified above:	...
(i)	to the Government	...	2.00
(ii)	to the Land Board	...	2.00
(iia) [ [Inserted by SRO. No. 355/7o dated 02/06/1973, published in K.Gi Extraordinary Nc 479 dated 02/06/1973.]	to the Taluk Land Board	...	2.00]
(iii)	to the Appellate Authority	...	1 00
(iv)	to the Land Tribunal	...	0.75
(v)	to the Collector	...	1.00
(vi)	to the Revenue Divisional Officer	...	0.75
(vii)	to the Tahsildar-	...	0.50

Legal Document View

Unlock Advanced Research with PRISMAI

State of Kerala - Act