Scrutiny of Draft declaration 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 Period allowed Form No. Remarks
filing
statement

1 85(2) 01-01-1970 3 months I Not relevant

now

2 85(3A) Last date of 3 months Not relevant

land acquired now
from
resumption or
restoration
3 85(A) 02-11-1972 75 days 1A Not relevant
now

4 87(1A) Land Acquired 3 months 1A Relevant

after
01-01-1970
Form No. I with 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
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).
Preparation of Draft Statement 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
Family
Husband, wife and their 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.
Standard Acre
Land Other than 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
 Ceiling area
Sl.No. Unit Ceiling area Ceiling area in physical Remarks
in Std Acre area
Minimum Maximum

Single
1 5 6 7½
member
Family
consisting 2
2 10 12 15
to 5
members
Above 5 One std acre
members each to
excess of five.
3 10 12
Not
Exceeding 20
acres
Institutions
4 10 12 15
Issue of Draft statement
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.
 Draft statement and individual 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 by TLB
iv. Public notice (if necessary)
Call for objection/claim etc.... 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
 TLB orders in Form 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
 Vesting of Excess Land 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
Distribution of excess land – Rule 27
Inviting application for assignment of land in Form
No.16
Notice Board of Taluk Office
Notice Board of Village 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
 Preference of assignment
1st Preference 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 the Taluk 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
Reservation for public purposes
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)
 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.
Disclaimer : The steps rated above are only
indication not exhaustive

Sabu M.S
9446311964