The Kerala Land Reforms (Second Amendment) .act, 1989 [1] Complete Act - Bare Act

.

ACT, 1989 [1]

An Act further to amend the Kerala Land Reforms Act,

1963.

Preamble.

" it is expedient further to amend the Kerala

Land Reforms Act, 1963, for the purposes hereinafter appearing;

be

it enacted in the Fortieth Year of the Republic of India as follows:"

1. Short title and commencement."This Act may be called the Kerala Land Reforms (Second Amendment) Act, 1989.

(2) It shall come into force on such date as the Government may by notification in the Gazette appoint:

Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that

2. Substitution of new sections for section 103."For section 103 of the

Kerala, Land Reforms Act, 1963 (1 of 1964), the following sections shall be

"103. Establishment of State Land Reforms Tribunal."The Government

may, by notification in the Gazette, establish a State Land Reforms Tribunal to exercise the jurisdiction, powers and authority conferred on the State Land Reforms Tribunal by or under this Act.

103A. Jurisdiction, powers and authority of State Land Reforms Tribunal."(1)

Save as otherwise expressly provided in this Act, the State Land Reforms by all courts (except the Supreme Court under article 32 and article 136 of

(2) Any person aggrieved by"

(i) any final order passed in an appeal against the order of the Land Tribunal; or

(ii) any final order passed by the Land Board under this Act; or

(iii) any final order of the Taluk Land Board under this Act; may, within such time as may be prescribed, prefer a petition to the State Land Reforms Tribunal against the order on the ground that the appellate authority or the Land Board or the Taluk Land Board, as the case may be, has either decided erroneously, or failed to decide any question of law.

(3) In any petition for revision preferred under sub-section (2), the Government shall be made a party.

(4) The Government may, within such time limit as may be pre scribed, prefer a petition for revision to the State Land Reforms Tribunal against any final order referred to in sub-section (2) on any of the grounds

(5) The State Land Reforms Tribunal may, after giving an opportu nity to the parties to be heard, pass such orders as it deems fit and the orders of the appellate authority or the Land Board or the Taluk Land Board, as the case may be, shall wherever necessary, be modified accordingly.

(6) The State Land Reforms Tribunal may, for the purpose of satisfying itself that an order made by the Land Tribunal under section 26 in case where the amount of arrears of rent claimed does not exceed five hundred rupees was according to law, call for the records and pass such order with respect thereto as it thinks fit.

103B. Composition of the State Land Reforms Tribunal."(1) The State Land Reforms Tribunal shall consist of a Chairman, who shall be a Judge or has been, or is qualified to be, a Judge of the High Court and the other the rank of a Secretary to the State Government as the Government may Tribunal by or under this Act:

Provided that appointment of Chairman and other members shall be

(2) Any vacancy in the office of a member of the State Land Reforms Tribunal shall be filled by the Government.

(3) (a) Subject to the provisions of clause (b), the functions of the

(i) by a Bench consisting of the Chairman and any other member; or

(ii) by a Bench consisting of the Chairman and two other

(iii) by a Bench consisting of two members other than the

(b) The powers of the State Land Reforms Tribunal under this

exercised by a Bench consisting of the Chairman or a single member.

(4) If any case which comes up before a Bench consisting of a single

member other than the Chairman, or a Bench consisting of more than one member, of which the Chairman is not a member, involves a question of law, or by a Bench to be constituted under sub-section (5), of which the Chairman

(5) The Bench or Benches of the State Land Reforms Tribunal shall be constituted by the Chairman in accordance with the provisions of this Act or the rules made thereunder.

(6) If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, and if the members are equally divided, they shall state the point or points on which they differ and such point or points shall be heard"

(i) when the Chairman is not a member of that Bench, either by the Chairman or by the Chairman and any other member as the Chairman may direct; and

(ii) when the Chairman is a member of that Bench, by any other member to whom the case is referred by the Chairman and such point or points shall be decided according to the opinion of the including those who first heard the case.

(7) Any member who has previously dealt with any case coming up before the State Land Reforms Tribunal, in any other capacity or is perso

(8) Where any case is heard by a Bench consisting of two members and the members are divided in their opinion on any point and the other member or members of the State Land Reforms Tribunal are disqualified who is or has been a judge of a High Court to be an additional member of the Tribunal and the point shall be decided in accordance with the opinion

(9) The additional member appointed under sub-section (8) shall

(10) The State Land Reforms Tribunal shall, with the previous of this Act and the rules made thereunder, for regulating its procedure and

(11) The regulations made under sub-section (10)

in the Gazette.

103C. Term of office."The Chairman or other member shall hold office as such or a term of three years from the date on which he enters upon

103D. Salaries and other terms and conditions of services of the Chairman and

other members.

"The salaries and allowances payable to, and the other terms and conditions of service of, the Chairman and other members shall be such as may be prescribed by the Government.

103E. Financial and Administrative powers o f Chairman.

"

The Chairman

shall exercise such financial and administrative powers as may be vested in him under the rules made by the Government
.

103F. Staff of the Tribunal."(1) The Government shall determine the

nature and categories of the officers and other employees required to assist the State Land Reforms Tribunal in the discharge of its functions and provide

(2) The salaries and allowances and the method of appointment and other conditions of service of the officers and other employees of the

103G. Transfer of pending cases."Every revision petition pending before

the High Court of Kerala filed under the provisions of this Act immediately before the establishment of the State Land Reforms Tribunal under this Act shall stand transferred to and will be decided by the State Land Reforms Tribunal constituted under this Act.

103H. Proceedings before the State Land Reforms Tribunal to be judicial

Proceedings.

"All proceedings before the State Land Reforms Tribunal shall

be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

103I. Members and staff of the State Land Reforms Tribunal to be Public Servants.

"

The Chairman and other members and officers and other employees

provided under section 103F to the State Land Reforms Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

103J. Exclusion of jurisdiction of Civil Courts and High Court." On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by the State Land Reforms Tribunal in relation to any of the matters covered by this Act, no civil court including the High Court (except the Supreme Court under article 32 and article 136 of the Constitution) shall have, or be entitled to exercise any jurisdiction to settle, decide or deal with any question or determine any matter which is by or by the Land Tribunal or the appellate authority or the Land Board or the Taluk Land Board or the State Land Reforms Tribunal or the Government or an officer of the Government.".