Bare ActsThe Kerala Land Reforms Act, 1963 (No.1 of 1964)

Section 57

Procedure before the Land Trzbunal

Amendment status not verified — confirm the current text below against the official source.

Procedure before the Land Trzbunal.-(1) As soon as may be after the receipt of the application under section 54, the Land Tribunal shall give notice to the landowner, the intermediaries and all other per- sons interested in the holding, to prefer claims or objections with regard to the app!tcation. The Land Tribunal shall also by notice inform the landowner or the intermediary, if such landowner or intermediary is entitled to resumption and has not already applied for such resumptiOn, that he may apply for resumption. (2) The Land Iribunal shall, after considering the claims and objections received and hearing any person appearing in pursuance of the notice issued under sub-section (I) and after makmg due enquiries, pass ordei s- (i) on the application, if any, whethe1 pending before it or filed in pursuance of the not1ce under sub-sectiOn (I) from the land- owner or intermediary for resumption, in acc01·dance with the provisions of section 22 ; and (u) on the application for purchase under section 54. (3) Where the cultivatmg tenant is entitled to purchase only a portion of the land left after resumption, the Land Tnbunal shall, as far as possible, allow the purchase of the portion indicated in the appli- cation under sub-sectiOn (3) of sectiOn 54. (4) An order under clause (n) of sub-section (2) allowing the application shall specify- • (1) the purchase pnce payable by the cultivating tenant; (iz) the amount due to the landowner and each of the inter- mediaries, if any, on the apportionment of the purchase pnce paid by the cultivating tenant ; (m) the value of encumbrances subsisting or claims for main- tenance or alimony charged on the right, title and interest of the land- owner and the intermediaries, If any; 38 (iv) the amounts payable to the holder of the encumbrance or the person entttled to the mamtenance 01 alimony , and (v) the amount payable to the landowne1 and each of the intetmedtaries after deductmg the value of the encumbtance or the claims for mamtenance or ahmony. (5) If the landowner or intermediary is liable to pay any amount to the cultivatmg tenant under this Act, the Land Tnbunal shall, in passing orders on the application for purchase, set off such amount agamst the purchase price payable to the landowner or the mter- mediary. (6) The land Tribunal shall, as soon as may be, forward a copy of the orders under sub-sect10n (2) to the Land Board.

Section 57 – The Kerala Land Reforms Act, 1963 (No.1 of 1964) | DailyLaw.ai