The Kerala Record of Rights Act, 1968 (No.26 of 1968)

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THE KERALA RECORD OF RIGHTS ACT, 1968
(Act 26 of [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 of clerical 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 it is expedient to provide for the 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) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government
may, by notification in the Gazette, appomt.
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Published in the Gazette Estraordmary No 238 dated 4th October, l968.
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2. Definitions.—In thls Act, unless the context otherwise
requires,—
(a) the expression
“
kudikidappukaran
”
shall have the meaning
assigned to it in the Kerala Land _Reforms Act, 1963 (l of 1964) ;
(b) “prescribed” means prescribed by the rules made under
this Act ;
(c)
“
prescribed officer
”
means an officer not below the rank of
Deputy Tahsildar appointed by the Government to exercise the powers
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 manner in respect
(C);
any area or areas notified by the Government in this behalf in the
azette.
(2) The record of rights in respect of any land shall include the
following particulars, namely :—
(a) the description and extent ofthe land;
(b) the name and address of the person in occupation of the
land ;
(o) the names and addresses of other persons interested in the
land ;
(d) the nature and extent of the respective interest ofthe
persons referred to in Clauses (12) and (c) ;
(e) the names and addresses of the kudikidappukars, if any ;
and
(f) such other particulars as may be prescribed.
(3) The record of rights shall be maintained by such officer as
may be prescribed, and different officers may be prescribed for different
areas.
4. Publwatzon ofrecord ofrzglzts.—(l) When a draft record of rights
has been prepared, the prescribed officer shall publish the draft1n such
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 have been considered 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 to him in this behalf or on 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 in such record
which he is satisfied has been made owing to a clerical mistake.
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6. Revision.—(l) Any officer not below the rank of Revenue
Divisional Officer appointed by the Government in this 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 and may make such inquiry or cause such
inquiry to be made and subject to the provisions of this Act may pass
such orders thereon as he thinks fit:
Provided that no order shall be passed under this sub-section
without givmg all persons who may be affected by the order an
opportunity of being heard.
(2) The officer referred to in sub-section (I) shall not of his own
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) In the case of an application under sub-section (1), the
application shall be made within six months from the date offinal
publication of the record 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 of such right to such officer 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 of the 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) If any person makes a report under sub—section (1)—
(a) after the period of three months but wrthin 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 of one year from the date of such acquisi-
tion, the report shall be received on payment ofa penalty of five rupees.
(3) The officer referred to in sub-section (1) shall enter the
substance of every report made to him under that sub—section in a
register in the prescribed form and also make an entry therein respecting
the acquisition of any right which he has reason to believe to have taken
place and of which a report has not been made under sub-section (1).
8. Obligation to furnish znformation.—(l) Any person whose rights,
interests or liabilities are required to be or have been entered in the
record of rights shall be bound on the requisition of any officer engaged
in the preparation, maintenance or rev1sion of the record of rights to
furnish or produce for his inspection within thirty days from the date of
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such requisition of such information or documents needed for the
preparation, maintenance or reVision thereof, as may be within his
knowledge or in his possession or power.
(2) An officer to whom any information is furnished or before
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) Any person who fails to furnish 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 as an arrear of land
revenue:
Provided that no penalty shall be imposed under this sub-section
without giving the person concerned a reasonable oppOitunity of being
heard.
(4) Any person aggrieved by an order of the District Collector
under sub-section (3) may, Within a period of Sixty days from the date
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 this Act shall be admiSSible in evidence befoxe
any court or tribunal.
(2) Every entry in the record of rights as finally published under
sub-section (2) of section 4 shall, until the contrary is proved, be
presumed to be correct.
10. Certified copies.—Certified copies of entries in the record of
rights may be granted by such officers and on payment of such fee 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 to enter upon land.——It shall be lawful for any officer
exercising any power or performing any function under this Act and
for his servants and workmen——
(a) to enter upon and take measurements of any land for any
purpose connected with the preparation of record of rights; and
(b) to do all other acts necessary for such purpose:
Provided that no person shall enter upon any enclosed court or
garden attached to a dwelling house (unless With the consent of the
occupier thereof) Without previously giving such occupier at least seven
days notice in writing of his intention to‘ do so.
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13. Power to summon 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 of any person and
examining him on oath;
(b) receivmg evidence on affidavit;
(c) any other mattei which may be prescribed.
'14. Bar)of5uzt5, eta—No suit shall lie against the Government or
any officer in respect of a claim to have an entry made in the record
of rights that is maintained under this Act or to have any such entry
omitted or amended.
(2) No suit shall he against the Government or any officer for
any damage caused or likely to be caused or any injury suffered or
likely to be suffered by anything in good faith done or intended to be
done under this Act or the rules thereunder.
(3) No prosecution or other legal proceeding shall lie against
any officer or other person for anything in good faith done or intended
to be done under this Act 01 the rules thereunder.
15. Power to make 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 rule made under this Act shall be laid, as soon 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 or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, the
Legislative Assembly agrees in making any modification in the rule or
the Legislative Assembly agrees that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.

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