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Land issues among the Scheduled Tribes in Kerala
Dr.D.Sajith BabuAsst. Commissioner [Revenue]
BASIC FACTS
Out of the 3.33 crore population of Kerala 1.07 % are Hindu Tribals and 0.07 % are Christian Tribals
Wayanad has the highest number of tribals followed by Idukki and Palakkad make the lion portion of the native tribal people groups in the state
Paniyar (Paniya) is the biggest tribe among the 35 major tribes and Cholanaikkans of Malappuram are the most primitive among the tribes in Kerala
Area Type of tribes
Kasaragod Koragar, Maradi
WyanadPaniyar, Kurichyar, Kattunaikkar,
Mullukkurumar, Adiyar, Kanduvadiyar,Thachanadar, Kanaladi
Attappadi Irular, Kurumbar, Mudugar
NilamburCholanaikkar, Aranadan, Kadar,
Alar, Paniyar
Parambikkulam Kadar
IdukkiMalampadaram, Malappulayan, Malayarayar,
Urali, Muthuvan, Mannan
Nedumangad Kanikkar, Malandar
Land rights of Scheduled Tribes in Kerala
Kanippattu of erstwhile Travancore state Hill men settlements of Idukki
Kerala Land Assignment Rules,1964 – 25 % of lands are to be assigned to SC/ST as the first preferred category [Rule 7{2}]
Kerala Land Reforms Act,1963
Scheduled Tribes [Restriction on Transfer of lands and restoration of alienated lands] Act, 1975 [Kerala] and Scheduled Tribes [Restriction on Transfer of lands and restoration of alienated lands] Rules, 1986 [Kerala]
Scheduled Tribes [Restriction on Transfer of lands and restoration of alienated lands] Act, 1975 [Kerala] & Scheduled Tribes [Restriction on Transfer of lands and
restoration of alienated lands] Rules, 1986 [Kerala]
The Act and Rules were given effect from 01.01.1982 but the invalidation was from 01.01.1960
The members of ST had to file application within one year from 01.01.1982 [Section 6(2)]
Revenue Divisional Officer/Sub Collector was the adjudicating authority
The consideration had to be given back [Section 11]
Untraceable
Form No.2 – Register of applications Form No.9 – Register of appeals
THE KERALA RESTRICTION ON TRANSFER BY AND RESTORATION OF LANDS TO SCHEDULED TRIBES ACT,1999
Came in to force w.e.f. 24.01.1986 but the invalidation was from 01.01.1960 Section 5 saves up to 2.00 ha for Non tribals Section 10 prescribes minimum forty ares [1.00 acre] and Rules framed for the
same is The Kerala Assignment of Government land to the Scheduled tribes Rules,2001
The Hon’ble Supreme Court vide judgment in CA 104-105/2001 fixed the time limit as 31.03.2011 for restoration/compensation
Four situations under this Act based on the priority of land assignment set by the Department of Revenue;
Priority I : In a situation where an ST family which was holding less than one acre [40 Ares] of land and had alienated the land COMPLETELY to a Non ST prior to 24.01.1986, then that ST family is eligible to get one acre [40 Ares] as per Section 10 of the Act - 108 cases under this category
Priority II: In a situation where an ST family which was holding less than one acre [40 Ares] of land and had alienated the land PARTLY to a Non ST prior to 24.01.1986, then that ST family is eligible to get the balance extent which would make up the total to one acre [40 Ares] as per Section 6 of the Act – 723 cases under this category
Priority III: In a situation where an ST family which was holding less than 5 acres of land and had alienated the land COMPLETELY / PARTLY to a Non ST prior to 24.01.1986, then that ST family is eligible to get equal extent of land which he lost by way of alienation as per Section 6 of the Act – 4040 cases in this category
For meeting the above priorities the land should be found out from the Government reserve.
Priority IV: In a situation where an ST family which was holding more than 5 acres of land and had alienated the land COMPLETELY to a Non ST prior to 24.01.1986, then that ST family is eligible to get equal extent of land which he lost by way of alienation. For this 5 acres will be provided by Government from its reserve and the extent over and above 5 acres will be first resumed from the Non ST family and will be restored to the ST family – 442 cases in this category
For meeting the Priority number IV, 5 acres should be found out by Government for each case.
DISTRICT WISE STATUS OF THE PROGRESS - Tribal Land Alienation - as on 11.03.2013
DISTRICT
TVM KLM PTA ALP KTM IDK EKM TSR PKD MPM KKD WND KNRKASARAGOD
Total
Live cases after final
Village level
verification
34 10 44 NA 274 236 NA 15 1005 29 NA 1563 NA Nil 3210
Number of cases
to be resumed
and extent in
acres
Nil 1/0.10 Nil NA 0/0222/369.
675NA 0
207/382.73
1/4.94 NA 11/35.33 NA Nil442/792.
775
Number cases to
be compensated and approximate extent in acres
31/22.2 Nil 40/34.16 NA274/393.
32236/381.
235NA 0
1880/3704.16
16/74.73 NA1563/2388.939
NA Nil4040/6998.744
Number of
completely
landless cases
5 Nil Nil NA Nil Nil NA Nil 89 13 NA 0 NA Nil 107
Number cases up
to 40 ares24 Nil 22 NA 132 89 NA 10 432 16 NA 0 NA Nil 725
THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS’ [RECOGNITION OF FORSET RIGHTS] ACT,2006 @ FRA,2006
Pre 13.12.2005 Adivasis and 13.12.1930 for others Form A for individual right and Form B for community right Gramasabha or FRC ---- SDLC --- DLC Up to 10.00 acres
DistrictNo. of FRCs
constituted
No. of Individual
claim received so
far
Individual Claims
passed by Grama
Sabha & given to
Collectorate
No. of Claims
pending with Grama Sabha/reje
cted
No. of Community
Right Claims
received so far
No. of claims where survey
completed and
records received in Collectorat
e
Area in acres
Balance to be
Surveyed
No. of claims
passed by SDLC
No. of claims
passed by DLC
No. of Titles
Issued
Extent of land ( in acres)
DLC passed but not issued
1 2 3 4 5(3-4) 6 7 8 9(4-7) 10 11 12 13 14(11-12)
TVM 36 5241 5241 0 91 5241 8243.3 0 5082 4935 4545 6478.3787 261
Kollam 14 1214 1168 46 228 1162 1062 6 1162 1162 1158 983.76 4
Pathanamthitta
18 1082 1039 43 17 951 11 99 899 892 690 422.02 0
Kottayam 12 1661 1659 2 61 1659 1586.9 0 1437 1437 1377+2CR 1528.91 0
Idukki 93 11049 10063 1154 208 8996 19891.3 899 7668 7666 7479 13752.12 187
Ernakulam 14 1472 1472 0 12 1466 1086.31 6 1276 1094 769 1517.98 325
Thrissur 36 1341 1341 0 36 1028 0 313 1028 813 813 781.0664 37
Palakkad 91 3780 2132 0 76 1507 2876.92 0 1485 1225 1222 1572.64 80
Malappuram
28 1306 1253 53 55 940 661.6 49 937 937 797 558.696 0
Kozhikkode 2 20 11 9 4 11 6.87 0 11 11 11 6.87 0
Wayanad 109 6937 4339 2598 43 4339 3142.74 0 4429 4417 4331 3141.74 86
Kannur 57 1032 1032 0 48 1032 1590 0 1031 1031 1029 1589.81 2
Grand Total
510 36135 30750 3905 879 28332 40159 1372 26445 25620 22844 32333.991 982
