മിച്ചഭൂമി സീലിംഗ് പരിധിയും നടപടിക്രമങ്ങളും Sruitiny of draft delaration JAMES JOSEPH ADHIKARATHIL, land consulatant - FORMER DEPUTY COLLECTOR ALAPPUZHA 9447464502

മിച്ചഭൂമി സീലിംഗ് പരിധിയും നടപടിക്രമങ്ങളും Sruitiny of draft delaration JAMES JOSEPH ADHIKARATHIL, land consulatant - FORMER DEPUTY COLLECTOR ALAPPUZHA 9447464502

• 1.
  Scrutiny of Draftdeclaration to arrive at Ceiling limits – practical Or Ceiling procedures as per Act & Rules Ceiling return to Distribution of excess land – an overview Sl. No. Section Crucial date of filing statement Period allowed Form No. Remarks 1 85(2) 01-01-1970 3 months I Not relevant now 2 85(3A) Last date of land acquired from resumption or restoration 3 months Not relevant now 3 85(A) 02-11-1972 75 days 1A Not relevant now 4 87(1A) Land Acquired after 01-01-1970 3 months 1A Relevant
• 2.
  Form No. Iwith A to J Annexure A - Total particulars of all land B - Particulars of encumbrances on the land C - Any pending litigation D - Particulars of arrears of Land Revenue etc. E - Particulars of land by way of mortgage F - Exempted land under section 81(1) G - Exempted land under section 81(3) H - Particulars of land which have been disposed of after 15-09-1963/ 01-07-1969 I - Particulars of land disposed of form 16-12- 1957 to 05-09-1963 J Sn I - Retained land (ceiling area) Sn II - Surplus land
• 3.
  Statement IA (85A)– Same as I except some dates. Statements to be numbered – Rule 8B Verification of statement - 9 Details of information collected from any officer in Government Any other officer Verification of statements - 9A Taluk Tahsildars one or more Taluks Any other Officer (AO) The reports of the Tahsildars or the other officers should be send within six weeks 9(A)(2).
• 4.
  Preparation of DraftStatement Rule 10 i. Fix family status (unit) ii.Fix crucial date in which the ceiling case registered – Applicable only 87(1A) iii.Lands converted to Standard Acre iv.Verify annexure A to J with relevant documents, reports. v.To verify the option in Annexure J Section I vi.To verify and fix the land to be surrendered annexure J section II
• 5.
  Family Husband, wife andtheir unmarried minor children or such of them as exist. Two or more wives living the husband and one wife named by him and their children Other wives or each of other wives and have unmarried minor children shall be deemed to be a separate family Adult unmarried person shall include divorced husband or divorced wife who has not remarried.
• 6.
  Standard Acre Land Otherthan Nilam – KLR Act Schedule II part I  District wise  Garden land a. Coconut b. Arcanut c. Pepper  Land principally cultivated cashew (* now exempted land)  Other dry land  Palliayal land Nilam Taluk wise Double crop or single crop
• 7.
  Ceiling area Sl.No. UnitCeiling area in Std Acre Ceiling area in physical area Remarks Minimum Maximum 1 Single member 5 6 7 ½ 2 Family consisting 2 to 5 members 10 12 15 3 Above 5 members 10 12 One std acre each to excess of five. Not Exceeding 20 acres 4 Institutions 10 12 15
• 8.
  Issue of Draftstatement Part A - General details, family status etc. Part B - Excluded land Part C - Exempted land (under section 81 & 81(3)) Part D - Land surrendered under section 86(5) Part E - Excess land Draft statement published in District Collectorate, Taluk,Village etc.
• 9.
  Draft statement andindividual notice to be served i. Person of family, institution, interested parties ii. All other person likely to have any claim or interest in ownership, possession etc.. iii.Other interested parties decided byTLB iv.Public notice (if necessary)
• 10.
  Call for objection/claimetc.... Rule 13 Hearing on objections/claim Rule 13 Postings for decision Rule 13 Posted for orders Rule 13 Orders passed under section 85(5) (c) Rule 13
• 11.
  TLB orders inForm No.5 I. Proceedings (speaking order) II. General details III. Annexure Part A- Total extent (avoid excluded land) I. Part B- Exempted land II. Part C - Land under section 86(5) III. Part D - Excess land
• 12.
  Vesting of ExcessLand in Government Demand for surrender - Rule 17 Issue a notice in Form No. 9 Authorization in Form No. 10 Taken possession and declaration in Form No. 11 Certificate of possession in Form No. 12 Voluntary surrender in Form No. 13 Record of possess in Form No. 14 Mahazar and Sketch to be prepared - Rule 22 a. Correct description of the improvements b. Record the name and address of Kudikidappukar if any. c. Classification of land under schedule IV (not in schedule II) d. Correct Survey No. & sub division number recorded in sketch and mahazar Tahsildar to counter sign - Rule 23 Modification of Revenue Records – Rule 24
• 13.
  Distribution of excessland – Rule 27 Inviting application for assignment of land in Form No.16 Notice Board of Taluk Office Notice Board ofVillage Office Local Authorities Offices Leading Malayalam Daily I. Kudikidappukar – 12.5% (if available) II.(a) Land less agricultural labours 87.5% (b) Smallholders Provided that 50% of 87.5% agricultural labours belonging to SC/ST/SEBC
• 14.
  Preference of assignment 1stPreference Kudikidappukaran (whether he is an applicant or not) 2nd Preference a. Un authorized Occupants they have effected valuable improvements b. Persons evicted from Govt. land c. Agricultural workers thrown out of employment owing to the land 3rd Preference Ordinarily residing the village where the land proposed to be assigned 4th Preference Adjacent village natives 5th Preference Ordinarily residing in theTaluk where the proposed land situated. When two or more persons one entitled to get preference under the same clause of sub rule 30(2) may be decided by lot. Offer of assignment in form no.18.After remitted the purchase price Deed of assignment issue in form no. 19 Patta issued in form no. 20
• 15.
  Reservation for publicpurposes Notwithstanding anything here in before contained, the land board may at any stage a land is required for any public purpose, reserve such land for such purpose and such land for such purpose and such land not available for assignment (section 96(1) &Rule 32)
• 16.
  Compensation Kerala Land Reforms(Payment of compensation for excess lands) Rules 1974 Compensation fixed as per the rate in schedule IV Draft Compensation Roll Prepared by Tahsildar Form No. I Rule 3(1) Notice – for 30 days Form No.I A Final Compensation Roll – Send to Land Board Up to Rs.100/- payment by cash Above 100- paid in bonds. 16 years Interest from taken possession to issue of bonds will be calculated and LB issue a proceedings interest and cash portion will be paid by Tahsildar.
• 17.
  Disclaimer :The stepsrated above are only indication not exhaustive Sabu M.S 9446311964