Kerala act 026 of 1968 : Kerala Record of Rights Act, 1968

A

127

THE KERALA RECORD OF RIGHTS

ACT, ¹⁹⁶⁸

(Act ^26of

[968)

CONTENTS

PREAMBLE.

SECTIONS

1. Short

title,

extent and commencement. 0 ^2.Definitions.

3.

Preparation

of

record of

rights.

4.

Publication

of record of

rights.

0 ^5.

Correction^ofclerical mistake ⁱⁿ

register.

6.

Revisron.

7.

Acquisitions

of

rights

to be

reported.

8.

Obligation

to furnish

information.

9.

Record of

rights

to

be admissible

in

evidence.

...

.° Certified copies. 1]. Record of

rights open

to

inspection. a 12. Power to enter

upon land.

13.

Power to summon

wrtneSaes,

etc. 14-. Bar

ofsuits,

etc. 1'). Power to make

rules. THE- KERALA

RECORD OF RIGHTS

ACT,

1968* Act 26

of [968 An Act to

provzdefor

the

preparatzon

qf

record

of

rights

in

respect of lands zn^the

State

of

Kerala '

O

Preamble.——-WHEREAS ^itis

expedient ^to

provide ^forthe

preparation of a

record

of

rights

in

respect

of lands in

the State

of

Kerala;

BE

it enacted

in

the Nineteenth

Year

of the

Republic

of India as follows :—

1. Short

tztle,

extent and

commencemen!.—(l)

This Act may be called the Kerala Record

of

Rights

Act,

1968.

(2) ^Itextends^tothewhole^oftheState^ofKerala.

(3) ^It

shall^comeintoforce ^{on suchdateasthe}Government may, by

notification

in

the

Gazette, appomt.

O

f '

Published in the Gazette

Estraordmary

No 238 dated

4th

October,

l968. 3/3—9

1

128

2.

Definitions.—In

thls

Act,

unless the context otherwise requires,—

(a) ^the

expression

"

kudikidappukaran

"

shall have the

meaning assigned ^{toit in the}

Kerala^Land

_Reforms ^{Act, 1963}

(l ^of

1964) ^;

(b) "prescribed"

means

prescribed by ^the

rules^madeunder this Act ; (c)

"

prescribed

officer

"

means ^an

officer

not

below

the rank

of Deputy

Tahsildar

appointed

by ^theGovernment ^toexercise^thepowers and

discharge

the duties of

a

prescribed

officer

under

this Act.

3.

Preparation

of

record

of right5.—(l)

A record ^of

rights

shall ^be prepared by ^the

prescribed

officer ^{in the}

prescribed

mannerⁱⁿ

respect (C); ^any area or areas

notified

by

the Government

in this behalf

in the azette.

(2) ^Therecord^of

rights ⁱⁿ

respect ^of

any ^landshall

include^the following particulars,

namely ^:—

(a) ^the

description ^andextent ofthe

land;

(b) ^thenameandaddress^{of the}person ⁱⁿ

occupation ^ofthe land ;

(o) ^thenames^andaddresses^ofother persons interested ^inthe land ;

(d) ^the

nature^andextent^ofthe

respective

interest ofthe persons referred^toin

Clauses

(12)

and

(c) ^;

(e) ^thenames^andaddresses^{of the}

kudikidappukars, ^{ifany ;} and

(f) ^suchother

particulars ^{as maybe}

prescribed.

(3) ^Therecord^of

rights

shall ^bemaintained ^{by such}

officer ^as may be

prescribed,

and different officers may be

prescribed

for

different areas.

4. Publwatzon

ofrecord

ofrzglzts.—(l)

When^adraft record

of

rights has been

prepared,

the

prescribed

officer

shall

publish ^the

draft^1nsuch manner as

may be

prescribed

and

shall receive and consider any objec- tions which may be made to

any entry

therein ^{or to}

any omission therefrom within such

period ^not

less ^than

thirty days

from the date of publication, ^as

may^be

prescribed.

(2) ^{When all}

objections ^havebeenconsidered^and

disposed ^of in

accordance

with

the rules

made

in this

behalf,

the

prescribed

officer shall cause the record to be

finally published ⁱⁿ

the

prescribed

manner.

5. Correction

of

clerzcal mistake

in

register.—The

prescribed

officer may, ^on

application

made^tohim ⁱⁿ

this behalf^oron

his^own

mot1on, within one

year from the

date of final

publication

of the

record of

rights under sub-section

(2)

of section

4,

correct

any entry ^insuch

record which he^is

satisfied has

been made

owing ^toa clerical mistake. ___,_..__§_

O

O

129

6.

Revision.—(l)

Any

officer ^notbelow^{the rankof}Revenue Divisional Officer

appointed

by

the Government ^inthis

behalf may, either on hlS motion or

on

application ^made

by any person interested, call

for and

examine the record of any proceeding

which

has been taken by ^the

prescribed

officer^andmay^makesuch

inquiry ^orcause ^such inquiry ^{to bemadeand}

subject ^tothe

provisions ^ofthisActmay

pass such

orders

thereon as he thinks

fit:

Provided ^{that no}

order shall ^be

passed

under

this sub-section without

givmg ^allpersons who may be affected

by ^theorder^an opportunity ^of

being

heard.

(2) ^The

officer referred ^{to in}sub-section

(I)

shall^notofhisown motion paSs ^an

order under that sub-section after the

expiry

ofa

period of one

year

from the date

of the final

publication

of

the

record

of

rights under

sub-section

(2)

of

section

4.

(3) ^{Inthecase of an}

application

under

sub-section

(1), ^the application

shall^bemadewithin^sixmonths^fromthedate

offinal publication ^oftherecord^of

rights

under

sub-section

(2) ^of

section^4.

7.

Acquzsitzons of rzghl:

to be

reported.—(l) Any

person

acquiring

by survivorship,

succession,

inheritance,

partition, purchase, mortgage,

gift, lease or

otherwrse any

right

over

any land shall

report ⁱⁿ

writing

his acquisition ^ofsuch

right ^tosuchofficer^as

may^be

specified

by ^the Government

by

notification

in the

Gazette,

within

three months from the

date

of such

acquisition

and that

officer

shall at once

give

a

written aknowledgment ^ofthe

receipt ^{to the}

report ^{to the}

person making ^it:

Provided ^that

where the person

acquiring

the

right

is a minor or otherwise

disqualified,

his

guardian

or other person

having charge

of' his

property

shall

make the

report required

by

this

sub—section.

(2) ^Ifanyperson makes^a

report

under sub—section

(1)— (a)

after ^the

period ^ofthree months ^butwrthin^the

period ^of one

year from the date of

acquisition

of the

right,

the

report

shall be received on

payment

of^a

penalty

of^two

rupees; (b)

after^the

period ^{ofone yearfromthedateof such}

acquisi- tion, ^the

report

shall^bereceived^on

payment ^ofa

penalty ^{of five}rupees.

(3) ^The

officer

referred^{to in}

sub-section ⁽¹⁾

shall enter^the substance ^ofevery

report ^madetohim

under that sub—section in a register ^inthe

prescribed ^{form and also make an}

entry

therein

respecting the

acquisition

of any right

which^he

has reason^to

believe to

have taken place ^andofwhich^a

report ^{hasnotbeenmade}under

sub-section

(1).

8.

Obligation ^to

furnish znformation.—(l) Any person whose

rights, interests ^orliabilities ^are

required ^tobeorhave^beenentered^{in the} record of

rights

shall be

bound^on

the

requisition ^ofany officer

engaged in the

preparation,

maintenance^orrev1sion

of

the

record of

rights

to furnish ^or

produce

for^his

inspection

within

thirty

days

from^thedateof 3/3—9a

130

such

requisition

of such

information

or documents needed

for^the preparation,

maintenance ^or

reVision

thereof, ^{as maybe}

within ^his knowledge ^orinhis

possession ^or

power.

(2) ^An

officer ^towhomany information ^is

furnished ^orbefore whom any document is

produced

in accordance

with

the

requisition under sub-section

(1)

shall at once

give

a written

acknowledgment thereof ^to

the person

furnishing ^or

producing

the

same.

(3) ^Anyperson^who

fails^tofurnish ^the

information^or

produce the

document

required

by

sub—section

(1)

Within the

period

specrfied ⁱⁿ that subosection shall be liable to

pay

a

penalty ^not

exceeding ^two hundred rupees

as

may be fixed

by

the District Collector and the amount

payable

as

penalty

shall be recoverable ^asanarrear of land revenue:

Provided ^thatno

penalty

shall be

imposed

under^thissub-section without

giving

the person concerned

a reasonable

oppOitunity ^of

being heard.

(4) ^Anyperson aggrieved by ^an

order^{of the}

District

Collector under

sub-section

(3)

may, Within a

period

of

Sixty days

from ^thedate of the

order,

appeal

to the

Board of Revenue and the

Board of

Revenue shall,

after givmg ^the

appellant ^a

reasonable

opportunity ^of

being

heard^, pass such

order ^on

the

appeal ^as

it

deems fit.

9.

Record

of

rzg/zts

to be

admmzble

1n

evidence—(1)

The record

of rights prepared

under^thisAct

shall ^be

admiSSible ⁱⁿevidence befoxe any

court^or

tribunal.

(2) Every entry ^inthe

record ^of

rights ^as

finally published

under sub-section

(2)

of section⁴

shall,

until the

contrary ^is

proved, ^be presumed ^tobecorrect.

10.

Certified copies.—Certified copies of entries

in

the record

of rights may^be

granted^{by such}officers^andon

payment ^{ofsuchfee as} may be

prescribed.

11. Record

of right:

open ^to

zrzxpectzon.-—Subjeet ^to

such rules

and on

payment

of

such

fees,

if any,

as

may be

prescribed,

the record

of rights

shall^{be open to}

inspection

by ^the

public

during

office

hours.

12. Power ^toenter

upon

land.——It

shall be lawful for any officer exercising any

power ^or

performing

any function

under ^thisActand for his servants and workmen——

(a) ^toenter ^{uponand take}measurements^{ofanyland forany} purpose connected with the

preparation

of record of

rights;

and

(b) ^{todo all}other ^acts

necessary^{for such}purpose:

Provided ^thatno

person shall enter

upon any enclosed

court or garden

attached^toa

dwelling

house

(unless ^{With the}consent^ofthe occupier thereof )

Without

previously giving

such

occupier ^atleast seven days

noticeⁱⁿ

writing ^{of his}

intention^to'doso.

0

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'1

131

13. Power ^tosummon

witnesses, eta—Any

officer

exercising

any power or

performing

any function

under

this Act shall

for

the purposes of this Act

have

all the powers ofa CiVil court while

trying ^a

suit under the Code of

Civil

Procedure, 1908, ⁱⁿ

respect

of the

following

matters, namely:—

(a) summoning ^and

enforcing ^the

attendance ^ofany

person^and examining ^{him on}

oath; (b)

receivmg

evidence ^on

affidavit;

(c) ^anyother mattei which^maybe

prescribed. '14.

Bar)of5uzt5,

eta—No suit shall^lie

against ^theGovernment ^or any officer ⁱⁿ

respect

of^aclaim^tohave^an

entry

made

in the record of

rights ^{that is}

maintained under this^Actor^to

have any such entry omitted ^or

amended.

(2) ^Nosuitshall^he

against ^the

Government^{or any}officer ^for any

damage

caused ^or

likely ^tobe

caused^or

any injury

suffered ^or likely ^tobesuffered

by anything ⁱⁿ

good

faith ^{done or}intended^tobe done under this ^Actor

the

rules thereunder.

(3) ^No

prosecution ^or

other

legal

proceeding

shall^lie

against any officer^orother person for

anything

in

good

faith

done ^orintended to be

done under this Act

01

the

rules thereunder.

15. Power ^tomake

mien—(l)

The

Government may, by

notification in

the

Gazette,

make rules for the purpose of

carrying

into effect

the prOViSions of ^this

Act.

(2)

Every ^rulemade

under ^thisActshall ^be

laid, ^{assoon as} may be after it^is

made,

before the

Legislative Assembly

while it is in session for a total

period ^of

fourteen

days

which may be

comprised ⁱⁿ one session ^orin two

successive

sessions,

and

if,

before the expiry of the session ⁱⁿwhich ^itissolaidor the

session

immediately following,

the Legislative

Assembly agrees ⁱⁿ

making^anymodification ^{in theruleor} the

Legislative Assembly agrees that the rule should^notbe

made,

the rule

shall thereafter ^have

effect

only

in^such

modified ^formorbeofno effect, ^{as the case}

may^{be; so}however^thatany^suchmodification^or annulment shall be without

prejudice ^tothe

validity

of

anything previously ^doneunder^that

rule.