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:

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S.Rule 1 Short title and commencement.-

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

(2) They shall come into force on the date of their publication in the Gazette.

S.Rule 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) "Form" means a form appended to these rules;

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

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

(f) "section" means a section of the Act.

S.Rule 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.

S.Rule 4 Application for assignment.-

An application for assignment of the right, title, and interest of landlords vested in the Government under section 72 shall be in Form A.

S.Rule 5 1 Land Tribunal to initiate suo motu proceedings.-

(1) Where a Land Tribunal receives information ²[xxxx] that the right, title and interest of the landowner and intermediaries in respect of a holding or part of a holding situate within its jurisdiction have vested in the Government under section 72, it shall, notwithstanding that an application referred to in rule 4 has not been received in respect of that holding or part, as the case may be, of its own motion assign such right, title and interest to the cultivating tenants entitled thereto in the manner hereinafter provided.

(2) The Land Tribunal shall initiate separate proceedings under sub-rule (1) in respect of each holding or part of a holding, as the case may be.

(3) Whereafter the initiation of proceedings under sub-rule (1) for the assignment of the right, title and interest in respect of a holding or part of a holding, an application referred to in rule 4 in respect of that holding or part, as the case may be, is received by the Land Tribunal, suc

S.Rule 6 3[Application by land owner or intermediaries

(1) Any landowner or intermediary whose right, title and interest in respect of a holding or part of a holding have vested in the Government under section 72, may apply for the assignment of such right, title, and interest to the cultivating tenant and for payment of compensation due to him under section 72A,in Form C to the Land Tribunal within whose jurisdiction such holding or part, as the case may be, is situate, and a separate application shall be made in respect of each holding or part of a holding.

(2) Where an application is made under sub-rule (1) in respect of a holding or part of a holding after an application referred to in rule 4 in respect of that holding or part, as the case may be, is received by the Land Tribunal or after the initiation of proceedings under sub-rule (1) of rule 5 in respect of that holding or part, as the case may be, the Land Tribunal shall dispose of the application referred to in rule 4, the proceedings referred to in sub-rule (1) of rule

S.Rule 7 4[Notice under section 72F.-

(1) The public notice under sub-section (1) of section 72F shall be in Form D; and the individual notice under sub-section (2) of that section shall be in Form E.

(2) The public notice under sub-section (1) of section 72F shall, ⁵[xxxx] be published.

(a) on the notice boards of-

(i) the office of the Land Tribunal; and

(ii) The village office of the village in which the land to which the public notice relates is situate; and

(b) by affixture on some prominent part of such land.

S.Rule 7A 6[Requisition by the Land Tribunal to the village committee.-

A requisition by the Land Tribunal to the village committee under sub-section (3A) of section 72F shall be in Form E].

S.Rule 7B Procedure to be followed by the village committee.-

(1) On receipt of the requisition referred to in rule 7A, the convener of the village committee shall assign a number to every such requisition strictly according to the order in which it is received, and enter it in a register to be maintained by the village committee. The register shall be in Form E2.

(2) The convener of the village committee shall also maintain a book in which a separate page shall be allotted to each survey number in the village, the survey number being entered in the chronological order.

(3) Each page of the book maintained under sub-rule (2) shall be in Form E3.

S.Rule 7C Village committee may furnish further particulars.-

The village committee may, in addition to the matters mentioned in sub-section (3B) of section 72F, furnish any other particulars it considers relevant to the case pending before the Land Tribunal.

S.Rule 7D Manner of obtaining information.-

When the village committee desires to obtain any information, such committee or any one of its members may obtain it in anyone or more of the following modes; namely:-

(a) by making such enquiry as the village committee or member may deem fit;

(b) by local inspection;

(c) by reference to any Government record; or

(d) in such other manner as the village committee or member deems fit.

S.Rule 7E Further procedure to be followed by village committee.-

(1) After obtaining necessary information, the village committee shall give an opportunity to the persons concerned to be heard regarding the correctness of the information.

(2) For the purposes of sub-rule (1) the village committee may secure the presence of the persons concerned and read over the information received by the committee to such persons.

(3) The committee may also examine documentary evidence produced by the persons concerned or received by it from any other person.

S.Rule 7F Advice to be forwarded to Land Tribunal.-

As soon as may be after the completion of the enquiry under rule 7E, the village committee shall, the before the date specified in the requisition received from the Land Tribunal under rule 7A, forward its advice to the Land Tribunal. The advice shall be in Form E4.

S.Rule 7G Monthly abstract.-

The convener of the village committee shall, at the end of every month, enter in Form E3 an abstract of the requisitions received by the committee during that month together with a statement showing the following particulars, before entering the requisitions for the subsequent month, namely:-

(a) the total area of all holding comprised in each survey number;

(b) the number of cases in respect of which requisitions under sub-section (3A) of section 72F have been received by the village committee during the month;

(c) the total area of the holdings in respect of which such requisitions have been received during the month;

(d) the number of cases in respect of which advice has been tendered by the village- committee during the month; and

(e) the total area covered by the holding in respect of which such advice has been tendered during the month].

S.Rule 8 7[Application by intervener.-

(1) An application under sub-section (4) of section 72F shall be in Form F and shall be presented before the date of the order of the Land Tribunal under sub-section (5) of that section.

(2) Where the application is presented before the date referred to in sub-rule (1), the Land Tribunal shall implead the applicant as a party to the proceedings before it in respect of the land to which the application relates, and, where he is so impleaded, he may, within the time allowed by the Land Tribunal in that behalf, file a statement duly verified by him setting forth his claims and objections regarding the assignment of the right, title and interest of the land owner and intermediaries in respect of that land to the cultivating tenant or any matter connected therewith.

S.Rule 9 Dispute about tenancy or vesting.-

(1) Where after the publication of the public notice under sub-section (1) of Section 72F and the service of the individual notice under sub-section (2) of that section in respect of a holding, any of the patties to the proceedings pleads that the land comprised in such holding is not held by any cultivating tenant or that the right, title and interest of the landowner and the intermediaries in respect of such holding have not vested in the Government, the Land Tribunal shall decide such question as a preliminary point and ⁸[pass an order thereon with reasons for such order].

(2) Where the ⁸[order] under sub-rule (1) is that such land is not held by any cultivating tenant or that such right, title and interest have not vested in the Government the Land Tribunal shall forthwith reject the application referred to in rule 4 or discontinue the proceedings referred to in rule 5 and such order for rejection or discontinuance, as the case may be, shall be deem

S.Rule 10 9[Further proceedings for assignment and determination of compensation, purchase price, etc.-

(1) Where in any proceedings for the assignment of the right, title the and interest of the landowner and intermediaries in respect of a holding vested in the Government, to the cultivating tenant, there is no dispute of the nature referred to in sub-rule (1) of rule 9, or, where there is such a dispute, the Land Tribunal has ordered that the holding is held by a cultivating tenant or that the right, title and interest of the landowner and intermediaries have vested in the Government, as the case may be, the Land Tribunal shall, after perusal and consideration of the application, it any, referred to in rule 4, the information referred to in rule 5, the written statement, if any, filed by the parties, other documentary evidence, if any, produced and the report, if any, of the officer appointed under section 105A and after such further enquiries as it may deem necessary and after giving a reasonable opportunity of being heard to all the persons to whom individual notices have been is

S.Rule 11 Certain orders to be accompanied by statements.-

(1) The order of the Land Tribunal under sub-section (5) of section 72F (including an order passed after remand) shall be accompanied by a statement in Form I:

Provided that no such statement shall be necessary in cases referred to in sub-rule (3) of rule 9.

(2) The order of the appellate authority in appeal against an order of the Land Tribunal under sub-section (5) of Section 72F (including an order passed after remand by the High Court) shall be accompanied by a statement in Form 1:

Provided that no such statement shall be necessary in cases where the appellate authority.-

(i) is satisfied that the land, the right, title and interest in respect of which are proposed to be assigned, is riot held by a cultivating tenant or that the right, title and interest of the landowner and intermediaries in respect of the land have not vested in the Government; or

(ii) dismisses the appeal or remands the case.

(3) The Land Tribunal shall, on receip

S.Rule 12 Annuity instead of compensation.-

(1) Where any institution claiming to be a religious charitable or educational institution of a public nature has applied for payment of annuity and the Government have not issued a direction to the Land Tribunal to determine the annuity payable to that institution the Land Board shall decide whether such institution is a religious, charitable or educational institution of a public nature.

(2) The Land Board shall communicate its decision under sub-rule (1) to all the Land Tribunals in the State.

(3) Where in any proceedings initiated under section 72B of section 72C, it appears to the Land Tribunal that the landowner or an intermediary is a religious, charitable or educational institution, it shall, ¹⁰[before it passes an order under sub-rule (1) of rule 10] ascertain from the Land Board,

(i) whether such institution has been sanctioned annuity by the Government; or

(ii) whether the Government have issued any direction to the Land Tribun

S.Rule 12A 11[Procedure for determination and payment of annuity.-

(1) On receipt of the decision of the Land Board declaring an institution as a religious, charitable or educational institution of a public nature, the Land Tribunal, shall initiate action to determine the annuity for the holdings in respect of which the institution desires to be paid annuity in its application and to assign the right, title and interest of the institution to the cultivating tenants.

(2) The Land Tribunal shall after determining the annuity in respect of all the holdings held by the cultivating tenants under the institution for which, such institution has desired for annuity, prepare a draft annuity statement in Form M, specifying the annuity payable to the institution.

(3) As soon as may be after the preparation of the draft annuity statement, the Land Tribunal shall furnish to the institution the said draft together with a notice inviting claims or objections, if any, to be made in writing within ten days from the date of receipt of the notice.
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S.Rule 13 Assignment with consent and procedure therefor-

(1) Where the right, title and interest of the landowner and the intermediaries, if any, in respect of a holding have vested in the Government, the cultivating tenant, the landowner, the intermediaries, if any, the holder of the encumbrance, if any, charged on such right, title and interest and the person entitled to maintenance or alimony, if any charged on such right, title and interest ¹²[may jointly make an application] in Form J to the Land Tribunal within whose jurisdiction such holding is situate:

Provided that ¹²[no such application shall be made] in cases where the cultivating tenant owns an extent of land (including the land, the right, title and interest in respect of which are to be assigned) in excess of the ceiling area.

¹³[xxxx]

¹²[(4) The application under sub-rule (1) may be presented before the Land Tribunal by any one of the signatories to such application either in person or by recognised agent or

S.Rule 13A 17[Manner of nomination.-

The nomination under the proviso to sub-section (8) of section 72H shall be made in Form J2].

S.Rule 14 Form of certificate of purchase and time of issue.-

As soon as may be after an order for the assignment of right, title and interest of the landowner and intermediaries vested in the Government, to the cultivating tenant has become final, the Land Tribunal shall issue a certificate of purchase in Form K to the cultivating tenant.

S.Rule 15 18[Copy of certificate to be furnished to the Taluk Tahsildars and Village Officers.-

1) A true copy of every certificate of purchase referred to in rule 14 shall be furnished by the Land Tribunal to the Tahsildar of the Taluk in which the holding is situate and also to the concerned village officer or village officers and they shall take action for carrying out necessary changes in the revenue records.

(2) In places where resurvey is in progress, the Land Tribunal shall furnish a copy of the certificate of purchase to the Assistant Director of the Resurvey party also.]

S.Rule 15A 19[Deposits of instalments of purchase price.-

(1) The second and subsequent instalments of purchase price shall be deposited with the Land Tribunal in the manner specified in sub-rule (2) by the cultivating tenant within one year ²⁰[from the due date for payment] of the previous instalment.

(2) Such deposit shall be made on or before the due date in the Government treasury in a chalan in triplicate countersigned by the Land Tribunal under the appropriate head specified by, the Land Board of in the P.D. Account of the Land Tribunal. One copy of the chalan shall be furnished by the purchaser to the Land Tribunal who shall maintain such accounts as may be directed by the Land Board]:

S.Rule 16 Payment on behalf of the Land Board.-

(1) Where a cultivating tenant to whom the right, title and interest of the landowner and intermediaries in respect of a holding have been assigned, has paid the purchase price in lump, or where purchase price in lump has been recovered from him, the Land Tribunal, on application by the landowner or intermediary, as the case may be, and on being satisfied that the compensation due to such land owner or intermediary for the vesting in the Government of his right, title and interest in respect of all holdings held by cultivating tenants, after deducting the value of encumbrances and claims for maintenance or alimony, is not more than Rs 20,000. may with the approval of the Land Board, pay, in addition to the 50 per cent of the compensation payable to him by the Land Tribunal in respect of the holding to which the assignment relates, the remaining 50 per cent of the compensation in respect of that holding payable to him under section 721 by the Land Board.

(2) An application r

S.Rule 17 Tenancy Rules to apply to certain matters.-

The Kerala Land Reforms (Tenancy) Rules, 1970, shall so far as may be, apply to all matters relating to the assignment of the right, title and interest of landowners and intermediaries vested in the Government under section 72 to the cultivating tenants, in respect of which provision has not been made in these rules].

S.22,

Form A
Application for assignment of landlords' rights
(See Rule 4)

	Application No..................................................................of 19.................
Name (s) and address (es) of applicant (s)			Name (s) and address (es) of respondent (s)

	1.	Particulars of the holding-

S.1

Form E4
(See Rule 7F)

	Advice given by the Village Committee of......................…………………………………………...........................
	village to the Land Tribunal.........................................……………………………….
	in the matter of O. A.	Year
The Village Committee on the basis of the requisition received from the Land Tribunal, has considered the matters referred to it and the advice of the Village Committee on each item is as furnished below:-

S.2

Form O
Annuity Payment Order No............
[See Rule 12A (6)]
Institution's Half/Treasury Half Kerala Government

Debitable to
Head of Account.

Major Head: Minor Head: Voted Charged/Non-voted

Name of Institution..............................................................
Amount of annuity:		(In words......................................... (in figures)........................................