Kerala act 004 of 1961 : The Kerala Agrarian Relations At, 1960

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THE KERALA AGRARIAN RELATIONS ACT, 1969

(ACT 4 OF 1961)

Preamble Sections

CONTENTS

CHAPTER I

Preliminary

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Provisions Regarding Tenancies

3. Exemptions.

4. Certain Odacharthudars and persons claiming under them to be tenants.

5. Certain deeds of surrender of leasehold nghts to be mvalid.

6. Right of tenants to fixity of tenure.

7. Restoration of land to certam persons who were cultivating on Varom arrangement.

8. Procedure for restoration.

9. Right to prove real nature of transactiOn.

10. Resumption of land held by a tenant having fixity

11. Tenant's right to sue for restoration of possession of land.

12. LimitatiOn f01 apphcation for restoration under sectiOn 11.

13. Persons entitled to restoration.

14. Rates of normal rent.

15. ConstitutiOn ofLand Tnbunal.

16. Determmation by the Land Tnbunal of rent payable.

17. Rent payable when Land Tribunal has not determmed J;"erit. · 18. Specaal Provisions regarding small holders.

19. Mode of payment of rent.

20. Rent payable by intermediaries.

21. Apportmment of rent on severance of mterest of landlord or tenant .

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32. ..

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

17.

48.

49.

50.

51.

52.

54.

55.

56.

Liabtlity for assessment. Remission of rent.

Abatement in rent m cases of acqUisition of land, etc. Invalidity of claims of dues other than rent payable. pubhcatwn of pnces of commodttie..

Summary JunsdtctlOn of Muns1ffs.

Decision non-appealable.

ApplicatiOn to court when landlord refuses to accept a tender. Procedure on apphcatwn under section 29.

Pnority of clatm for arrears of rent.

Not1ce to landlmd and intermed1ary when the mterest m the holdmg of the tenant 1s acqmred .

R1ght of tenant to be hen table and alienable. Discharge of arrears of rent.

R1ghts as to timber trees.

R1ght of tenant of kud1yuuppu to purchase the rights of landlord.

Kudik1dappukaran to have funty.

Rent payable by Kud1k1dappukaran.

Filing of suits agamst Kud1k1dappukaran m certain cases. R1ght of Kudik1dappukaran to be hen table but not alienable. Vestmg in Government of landlords' nghts in lands held by protected tenants. ·

Vesting m Government of landlord's, nghts in lands held by other tenants.

Tenants' right to assignment.

Land Tnbunal to issue notices and determme the price of land to be paid by tenants.

Purchase price.

Deposit of purchase pnce.

Purchase price recoverable as arrears of land revenu~. Land Board to 1ssue certificate of purchase. Determination of value of mterest of landowner and inter mediary.

Determination of encumbrances by the Land Tnbunal. Appeals.

Landowner-and mtermediary entitled to compensation. Preparatwn of valuat1on statement~.

Payment of compensation, amount of encumbrance, main- tenance or alimony.

Payment of compensatiOn to be full d1scharge. Provisions of sect10ns 41 to 15 not to apply to certam holdings.

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~··!'. CHAPnR III Restriction upon ownership and possession of land io excess of ceiling area and disposal of excess lands.

57. Exemption

58. Interpretation.

59. Persons not to own or hold lands m excess of the ceiling area.

60. Certain voluntary transfers to be null and void.

61. Surrender of excess lands.

62. Vesting of excess lands in Government.

63. Excess land obtained by gut, etc., to be surrendered.

64. Persons surrendering land entitled to compensation.

65. Preparation ofvalll.ltion statement.

66. Appeals.

67. Preparation of compensation statements.

68. Payment of compensation, amount of encumbrance, main- tenance or alimony.

69. Payment of compensatiOn to be full discharge.

70. Application for assignment of land.

71. Assignment oflands by Land Board.

72. Payment of purchase price.

73. Management of surrendered lands till assignment .

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CHAPTER IV

Miscellaneous provisions,

74. Constitution of Land Board.

75. Powers of the Land Board and the Land Tribunal.

76. RevlSion by High Court.

77. Application of the provisions of section 5 of the IndiAn Limitation Act.

78. Special provisions relating to leases for commercial or industrial purposes.

79. Appointment of officers for special purposes. 80, Constitution of Agriculturist Rehabilitation Fund.

81. Delegation of powers.

82. Special provisions for application of the Act.

83. Rent under certain contracts of tenancy not to be affected.

84. Apportionment of land value in cases of acquisition. 85, Amendments to certain enactments .

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86. Appearance before the Land Tribunal or the Land Board.

87. Court fees. '

88. Members of the Land Board and the Land Tribunal to be deemed pubhc servants.

89. Penalty.

90. Protection of action taken under Act.

91. Bar of jurisd1ction of Courts.

92. Act to override other laws, etc.

93. Power to remove d1fficulties.

94. Power to make rules.

95. Repeal.

SCHEDULE I

SCHEDULE II

SCHEDULE III

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THE KERALA AGRARIAN RELATIONS

ACT, 1960'*

ACT 4 OF 1961

An Act to enact a comprehensive legislation relating to agrarzan reforms zn the State of Kerala. Preamble.--Whereas it is expedient to enact a comprehensive legis- lation rdating to agrarian reforms in the State of Kerala ; Be it enacted in the Eleventh Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

I. Short title extent and commencement.-(!) This Act may be called the Kerala Agrarian Relations Act, 1960.

(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, appoint and d1fferent dates may be appointed for different provisions of this Act.

2. Dejinitions,:_In this Act, unless the context otherwise requires- (!) "agricultural labourer" means a person whose principal means of llvehhood 1s the mcome he gets as wages, in connection with the agricultural operations he performs ;

(2) "agricultural year" means th,. year commencing with the 1st April in any year and endmg With the 31st March of the year next succeedmg, except in the case of puncha and kole nilams in which case 1t shall be the year commencing with the 15th June m any year and ending with the 14th June of the year next succeedmg :

Prov1ded that the Distnct Collector may, with respect to any crop, area or category of land w1thin h1s distnct, by notification in the Gazette, spec1fy the year between such other dates as he may deem fit as an agncultural year ;

(3) "ceilmg area" means the area of land specified in section 88 as ;he ceiling area ;

(4) "Cochin" means the area comprising-

(i) the portion of the State of Kerala which before the first day of July 1949 formed the State of Cochin, less the enclaves absorbed m the Malabar d1strict under the Provmces and States (Absorption of Enclaves) Order, 1950 , and

(1i) the enclaves wh1ch formed part of the Malabar district absorbed in the State of Travancore-Cochin under the sa1d Order ;

• Received the assent of the President on 21st January 1961 and published m the Gazette ,Extraordinary dated 3rd February

1961 .

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(5) "court" means, where a particular court is not specifically mentioned, the court havmg JUrisdictioR under the Code of Ctvil Procedure, 1908, to entertain a sUlt for the possession of the holdmg or part thereof to wh1ch any legal proceeding under this Act relates ;

(6) "cultivate" With its grammatical vanations means cultivate either solely by one's own labour or with the help of the mcmbc1s of lm family or hired labourers or both, or personally direct or superv1se cultivation by ~uch members or hired labourers, or both, provided that such members or hired labourers have not agreed to pay or to take any fixed proportion of the produce of the land they cu lt1vate as compensation for being allowed to cultivate it or as remuneration for cultivating it ;

(7) "customary dues" means onaka;:,hcha, utsavaka;::hcha, perwuUJ.l- ka;::hcha or aradiantharam 01 the like, due annually or petlOdically on specific dates or at periodical mtervals, or on the happenmg of any event or on the occasion of any festival, specified or not, but does not mclude rent or mtchavatam specified as such in the contract of tenancy;

(8) "double c10p nilam" means ndam on which more than one crop of paddy is ordinarily raised m an agricultural year ;

(9) "double c10p ndam or its equivalent" means double crop nilam or its equivalent of any other class or classes of land computed on the bast~ that one acre of double crop nilam is equivalent to-

(i) one acre of cocoanut garden or arccanut garden ;

(u) one and a half acres of single crop mlam ; (iu) two acres of- ' '

(a) pepper garden ;

(b) orange orchards and graft mango orchards ;

(d) plantation;

(e) palliyalland ; and (tv) two and a half acrea of- ( a) paramba principally used for growing cashew-nut trees ; or

(b) tharisu land ; {10) "eviction" means the recovery of possession ofland from a tenant or Kudikidappukaran ;

( 11) "fair rent" means the rent determined under section 16 as the fair rent in respect of a holding ;

(12) "family" means husband, wife and their unmarried minor children or such of them as exist.

Explanation.-When a divorce is effected, the husband or wife, as the case may be, shall be deemed to be non-existing so far as the other party is concerned ;

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( 13) "garden" means land used principally for growing cocoanut trees, arecanut trees or both or used principally for growing pepper vine,

( 14) "gro!S produce" in the case of a mlam, means the normal produce of that mlam, less the cost of harvestmg and in the case of a garden, paramba or tharisu means the normal produce of that garden, paramba or tharisu ,

( 15) "holding" means a parcel or parcels of land held under a single transaction by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate holding. Explanatzon.-Where by act of parties or by operation of law the mt~rest of the tenant in his holding has been severed, splitting up the holding mto two or more parts, before the commencement of this Act, each such part shall be deemed to be a separate holding. But the rights of the landlord to recover proportionate rent and to exercise the right of resumption, if any, shall not be affected thereby ; ( 16) the term "improvement" shall have the meaning ass1gned to it under the Kerala Compensation for Tenants Improvements Act, 1958;

( 17) "mtermediary" means any person who not being a landowner or mortgagee, has an interest in the land and is entitled, by reason of such interest, to possfSSion thereof, but has transferred such possession to any other person otherwise than by way of mortgage ;

(18) "kanam" mean8 the transfer for consideration in money or in kind or in both, by a landlord of an interest in specific immovable pro- perty to another for the later's enjoyment, whether described in the document evidencing the transaction as kanam or kanapattom, the incidents of which transfer include-

( a) a right in the transferee to hold the said property liable for the consideration paid by him or due to him ;

(b) the liability of the transferor to pay to the transferee mte1 est on such consideration unless otherwise agt fed to by the parties ; and

and, in areas in the State other than Malabar, includes such tran1fer of interest in specific immovable property which is described in the document creating the transaction as Otti, Karipanayam, Panayam, Nerpanayam or by any other name and which has the incidents tpeci- 6.ed in items (a) and (b) aboYe and also the following incidents :-

(i) renewal on the expiry of any specified period ; and

(u) payment of customary duerJ:

Provided that kanapattom or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanom Tenancy Act, 1955, shall not be deemed to be a kallom . i

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Explanation.-For the purpose of this c1ause, in a case where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there hal been a r¢newal or payment of renewal fees, it shall be deemed that there had been a proY1sion for such renewal in the document ; ( 19) "kanam-kuzhikanam" means aDd includes a transfer by a landlord to another (called the 'kanam-kuzhikanamda1 ') of garden lands or of other lands or of both, w1th the fru1t-bearing trees, if any, standing thereon at the time of the transfer for the enjoyment of thoae trees and for the purpose of planting such fruit-bearing trees thereon, the incidents of which transfer include-

l (a) a right in the transferee to hold the 11aid lands liable for the consideration paid by him or due to him which GOJ:Uideration is called 'kanartham' ; and

(b) the liability of the tran'iferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties ;

(20) "Itudikidappukaran" means a pen;on who has no homestead or land, either as owner or as tenant in possession, to erect a home- stead, and-

(i) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead, or

(u) who has been permitted by a person in lawful poseession of any land to occupy' with or without an obligatton to pay r-ent, a hut belonging to such person and situate in the said land, but other- wise has no mterest m the land ; and "1C.ud1kidappu" meam the land and the homestead or the hut so permitted to be o-ccted or occupied together with the easements attached thereto :

Provided that a person shall not be deemed to be a K.ud1k1dappu- karan if the aforesa1d permiss1on was granted after the 11th day of April, 1957, by a mortgagee in possession or by a tenant from whom the land in which the kudik1dappu is situate .is liable to be resumed :

Prov1dod further that a person shall not be deemed to be a kudi- kidappukaran if the aforesaid perm1ssion was gran ted in res poet of any hut not belonging to him and situated-

(a) in a plantation ; or

(b) many area of land wh1ch is appurtenant to a mill, factory or workshop,

.and m connecuon with. the employment of such person in the plant- ation, mill, factory or workshop, unless he was, immediately before the commencement of thi~ Act, entitled to the Jights of a Kudihidappu- lumm or the holder of a protected ulkudi or Kudikidappu under any law.

Explanation I.-For the purposes of this clause "hut" means any dwelling house which has a value not exceeding four hundred rupees or the monthly rent of which does not exceed four rupees.

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Explanation 11.-Any person who was in occupation of a kudiki- dappu on the lith day of April, 1957, and who continued to be in such occupation at the commencement of this Act shall be deemed to be in occupation of such Kud1kidappu with permisswa as required under th1s clause.

Explanatwn ///.-Where any kud1kidappukaran secures any mort- gage w1th possession over the land in which the kudikidappu is Situate, his kudikidappu nght shall revive on the redemptiOn of the mortgage, prov1ded that he has at the time of the redemption no homestead or land, either as owner or a~ tentant m possession, to erect a home- stead ;

(21) "kudiyiruppu" means a holding or part of a holding consisting of the site of any residential buildmg, the site or 11ites of othe1 buildings appurtenant thereto, guch other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include a kudikidappu;

(22) "kuzhikanam" means and includes a transfer by a land- lord to another (called the kuzh1kanamdar) of garden lands or of other lands or of both, with the fruit-bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon;

(23) "landlord" means a person under whom a tenant holds and to whom he is liable to pay rent and mcludes a landowner;

(24) "landowner" means the owner of the land comprised m a holding and includes-

(i) a trustee in respect thereof;

(ii) a landholder holding Sree Pandaravaka lands on Pattam, Otti, Jenmom, Kudijenmom, Danam or any other tenure;

(iii) a landholder holding Sreepadam lands on Sreepadam pattam or other favourable tenures;

{iv) a kudiyan as defined in the Travancore Jenmi and Kudiyan Act of 1071 and a Kanom tenant as defined in the Kanom Tenancy Act, 1955, but does not include a Jenmi as defined in the said Acts, and

(v) a tenant holding directly under the Pattazhi Devaswom. Explanation.-"Pattazhi Devaswom" means the Pattazhi Devi temple in Pattazhi Village of Pathanapuram Taluk of the State of Kerala;

(2") "Land Board" means the Land Board constituted under section 74;

{26) "Land Tribunal" means the Land Tribunal constituted under section 15;

(27) "Licensee" means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreement, ~ultivates that mlam with paddy for a fixed i

remuneration and with the risk of culuvation, but does not include a person who so cultivates the nilam of another merely as an agent or servant.

Explanation.-Notwithstanding anything in the Indian. Evidence Act, 1872, or in any other law for the time being in force a person, though he is described as an agent or servant in a document evidencing the contract for the cultivation of any nilam, may plead, adduce ev1dence and prove that he is a licensee;

(28) "Malabar" means the Malabar district refen-ed to m sub- ~ection (2) of section 5 of the States Reorganisation Act, 1956,

(29) "m1chavaram" rn~ans whatever is agreed by a kanamdar to be pa1d penodically as residual rent, in money or in kmd or in both to, or on behalf of, the landlord, but does not include customary dues; ( 30} "net income" means income derived from any property after deducting therefrom the cultivation expenses or mamtenance charges and taxes and cesses due to the Government or any local authority;

(31) "nilam" means land adapted for the cultivatiOn of paddy;

(32) "normal produce" in respect of ~any land means the pro- duce which would be raised if the ramfall and the seasons were of a normal character :

Provided that the normal produce of any nilam in-igated with water for the first time after the commencement of the tenancy in re~pect of that mlam from an irriga·ion work constructed, repaired or main tamed wholly at the c'Jst of the Government or a local authority or a co-operative soc1ety or by the tenant shall be • determined as if the nilam had not been so irrigated :

· Provided further that in the case of any mlam reg1stered as double crop nilarn in the reg1ster~ of Government, account shall be taken as though only a single paddy crop which shall be the prmc1pal crop has been raised on the land if it had been converted flom single crop into double crop nilam at the tenant's expense and as though two paddy crops have been raised on the lands if they have been so converted at the landlord's expense.

Explanation -In ascertaining the normal produce m areas where the Malabar Tenancy Act, 1929 was apphcable the yield of the second crop shall be deemed to be half of tha.t of the principal crop which shall be deemed to be the first crop;

(33) "odacharthu" means an agreement for cutting bamboos in Malabar;

(34) "owner" means a person entitled to the absolute proprietor- ship of land and includes-

(a) a trustee in respect thereof;

(b) a kudiyan as defined m the Travancore Jenmi ·and Kudiyan Act of 1071 and a kanam tenant as defined in the Kanom Tenancy Act, 19.55, but does not include a jenmi as defined in the said Acts;

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(35) "Palliyal land" means land which is used ordinarily for raising seedlings of paddy and includes land !.0 used and known as Pallimanayal, Myal, Potta, Njal, Njattadi or banabettu ;

(36) "Paramba" means dry land on which perennial cultivation exists but shall not include a garden ;

(37) "pay" with its grammatical variations includes deliver; ~38) "person" shall include a company, family, association or lther body of mdividuals whether incorporated or not, and any in~ti- tution capable of holding property;

(39) "plantation" means any land used by a person pt incipally for the cultiYation of tea, coffee, rubber or cardamom or ~uch other kind of special crops as may be specified by the Government by notification in the Gazette, and indudes-

(a) land used by such person tor any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market;

(b) land contiguous to, or in the vicinity of, or within the boundaries of, the area cultivated with such crops, not exceeding twenty per cent of the area so cultivated and reserved by ruch person and fit for the expansion of such cultivation;

(c) agricultural lands intersper~ed within the boundaries of the area cultivated by such person with such crops, not exceeding such extent as may be determined by the Land Board as necessary for the protection and efficient management of such cultivation. E~eptanation /.-Lands used for the construction or office buildings, godowns, fu.ctor~s, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for the purposes of sub-clause (a).

Explanation l/.-lf any question arises as to whether any land is in the vicintiy or within the boundaries of the area cultivated for the purposes of sub-clause {b), or whether it is reserved and fit for the expansion of cultivation, it shall be determined by the Land Board;

(40) "possession" in relation to land includes occupation of land by a varomdar, licensee, odacharth.udar or a person cla.1ming under an odacharthudar referred to in section 4 or kumri or punam cultivator;

( 41) "prescribed" means prescribed by rules made under this Act;

(42) "private forests" means forests, other than those belonging to the Government, and declared as such under this Act by not1fication in the Gazette;

(43) (i) "punam or kumri cultivation" means fugitive or intermit- tent cultivation of paddy on tharisu lands in Malabar;

(ii) 'punam or kumri cultivator" means a person who has raised crops by punam or kumri cultivation in any year between 1953 and 1959 and, where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period;

(44) "purchase price" means the purchase price referred to in sub- section (7) of section 18 or m sub-section (2) of section 36 or in section 45 or in section 72;

(45) "rent" means whatever is lawfully payable in money Ot in kind or m both by a person permitted to have the use and occupation of any land to the person so permitting, and includes michavarom but does not include customary dues;

( 46) "resumption" means the recovery of pos3ession of land from a tenant;

(47) "Sreepadam lands" means the lands owned by the Sreepadam Palace;

(48) "Sree Pandaravaka lands" means the lands owned by the Sree Padmanabhaswamy Temple;

(49) "State" means the State of Kerala;

(50) (1) "tenant" means any person who has paid or has agreed to pay rent or other consideration, for his being allowed by another, to possess and to enjoy the land of the latter, and includes- ( a) an intermediary,

(b) a verumpattamdar of any description;

(d) a kanam-kuzhikanamdar;

(e) a kuzhikanamdar; {f} a punam or kumri cultivator;

(g) a licensee in Kuttanad taluk;

(h) a vc(romdar;

(1) an odacharthudar or any person claimmg under an oda- charthudar referred to in section 4;

( j) the holder of a kudiyiruppu;

(k) a vechupaknthidar;

(I) the holder of a chalgew lease; and

(m) a mulgenidar but shall not include a person holding land under a transactiOn known as Irakkipanayam.

Explanation /.-Where in a document a person is described as a 'Sambalapattomdar', 'Sambalachittudar' or 'Coolipattamdar' in respect of any paddy land situate m Palghat district he shaH be presumed to be a tenant:

Provided that such presumption shall stand rebutted if it is proved that the 'Sambalapattomdar', 'Sambalachittudar' or 'Coolipattamdar' has not undertaken any risk of cultivation.

Explanation Il.-For the purpose of this sub-clause any person who on the 1 Ith day of Aprill957, was continuously in occupation of the land of another situate in Malabar, for not less than two years bonafide believing himself to be a tenant and continued to be in occupation of uch land at the conunencement of this Act shall be deemed to be a en ant.

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Explanation III.-For the purpose of this sub-clause 'holder of a chalgeni lease' means a lessee or sub-lessee of specific immovable property situate m the taluk of Hosdurg or Kasargpd, who has contracted, either expressly or impliedly, to hold the same under a lease whether for a specified period or not.

Explatzatzon IV.-For the purpose of th1s sub-clause, any person who at the commencement of this Act contmues in cultivatiOn of any nilam by virtue of the provisions of sectwn 6 of the Kerala Stay of Eviction Proceedmgs Act, 1957, shall be deemed to be a varomdar, notwithstanding the expiry of the term fixed under the varom arrangement;

(u) "cultivating tenant" means a tenant who actually cultivates the land compnsed m lm holding.

E).planatton.-Where a tenant cultivates only a po1 tJOn of the land comprised in a holding he shall be deemed to be the cultiVating tenant in r~pect of that portion;

(51) "tharisu" means cutivable land which 1s not a mlam, ga1den, paramba or palliyal land;

(52) "timber trees" means trees w1hch are not fru1t-bearing trees; and "fru1t-bearing trees" means trees the income from wh1ch has to be taken into account for the fixation of fair rent;

(53) "to hold land" meam to be in possession of land as owner or as tenant or partly as owner and partly as tenant;

(54) "varom" means an arrangement between the varomdar and the owner or other person in lawful possession of any nilam for the cultivation of paddy and sharing of the paddy producf: and mcludes the arrangement known as path1varom, pankuvarom, or pankupattom,

(55) "varomdar" means a person who cultivates under a varom arrangement;

(56) "vechupakuthy" means a transaction whereunder a JanEl· owner transfers the possession of land to another (called the vechupa· kuthidar) with the following stipulations :-

(i) the vechupakuthidar shall improve the land by planting within a specified period ;

(ii) at the end of the period so specified-

(a) the land shall be partitioned between the landowner and the vechupakuthidar in a specified proportion ;

(b) upon such partition, all the rights Gf either party over the portion of the land set apart for the other shall stand transferred to and vest in the other ; and

(iii) during the period between the transfer of the land and the partition thereof the vechupakuthidar shall pay to the landowner such rent as may be specified ;

(57) {i) "verumpattomdar" means a lessee or sub-lessee of immo· vable property whether called verumpattomdar, or venpattomdar, who has expressly or impliedly contracted to hold the same under a lease with or without security for rent and includes a tharikuthukaran in Palghat district but does not include a kanamdar, kanamkuzhikanamdar, or kuzhikanamdar ;

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(ii) ~'customary verumpattomdar" means,any ver\Ullpttamda who before the commencement of.the Malabar Tenancy (Amendment) .Act, 1951. was entitled, by the custo~ o~ the locality in which the_]and

• was situated, to . possession of the said land for a definite penod of years, and for whose continuance thereon after. the termination· of. that period, for a ,further period. a renewal fee had to be paid to the land- lord as an incident of the tenure ;

(iii) "mulgeni",.,means a tenancy in perpetuity ~t a,.fixed invariable rent created in favour of a person called the Mulgenidar.

,CHAPTER II

· •-PROVISIONS REGARDISG ·TENANCIES

3. Exemptions.-No~ing m th1~ Chap,ter shall apply to-

(i) leases of .land or of buildings or of both belonging to or vested in the Government of Kerala or the Government 9f1any other State in India or the Government of India or a local authority .,or any other authority notified by the Government in this behalf:

Provided that leases over lands escheated to the Government. shall not be deemed to be leases of land belonging to or vested in the Gov- ernment, if such leases subsisted at the time of the escheat and con- tinued to be in force at the commencement of this Act ; or (i1) leases of buildmgs including a hou~e, shop or .. ware~ouse, and the site thereof, wit~ the land ifany,,appurtenant thereto. . Explanation -Permission giv~n to a Kud1kidappukaran to occupy a hut shall not be deemed to be a lease of building for the purpose of thia clause ; or '

(iii) leases of land or of buildings or of both,spec;ifically grant- ed for indus trial or commercial purposes ; or .

(iv) tenancies of land or of buildings or of both granted by the Administrator-General or the Official Trustee or an • Official Receiver or Officer appointed by a court under the provisions of any law or by any person holding under or deriving title from any of· the officers aforesaid ; or

( v) tenancies in re~pect of, land or of buildings or of both created by the mortgagees m possession or by persons deriving title from !>uch . mortgagees :

Provided that nothmg in this clause shall apply to tenancies created by mortgagees in possession, in respect of lands situate in that portion

. of,Malabar where the ·Malabat Tenancy Act, 1929, was not in force immediately before the commencement of this Act, if the tenants,were in continuous possession of such lands for a period of five years. ending with the 14th, day of April 1959 ; or

(vi) tenancies in respect of land or of buildings or of both created by the persons holding only life interest or other limited interest in the land or in the bu1ldings or in both.

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EAplanation.-For the purposes of this clause a Sthanee or trustee or owner of any temple, mosque, church or other place of public religious worship or of any other public religious or charitable institution or endowment shall not be deemed to be a person having only life interest or other limited interest in ownership :

Provided that the provisions of this Chapter relating to fixity of tenure shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage, life interest or other limited interest subsists ; or

(vii) leases of private forests :

Provided that nothing in clauses (i) to (vii) shall effect the rights of persons who were entitled to fixity of tenure under the Malabar Tenancy Act, 1929, or the Cochin Verumpattomdars, Act, VIII of 1118, or section 7 of the Hindu Succession Act, 1956; or

(viii) tenancies in respect of plantations exceedmg thirty acres in extent:

Provided that the provisiom of this Chapter, other than sections 41 to 55, both inclusive, shall apply to tenancies in respect of agricultural lands which are treated as plantations under sub-clause (c) of clause

(39) of ~ection 2,

(ix) lands transferred for felling trees ; or

(x) any transaction relating only to the usufruct of trees.

4. Certain Odacharthudars and persons claiming under them to be tenants.- Notwithstanding anything contained in any law or in any contract, custom or usage to the contrary an Odacharthudar or a person claiming under him who was actually cultivating on the 11th day of Apnl, 1957 and is continuing to cultivate at the commencement of this Act, the land or any portion of the land to which the Odacharthu relates shall - be deemed to be a tenant in respect of the land or the portion of the land so cultivated.

5. Certazn deeds of surrender of leasehold rights to be inval!d.-Where on or after the lith day of April, 1957, a tenant holding land Jess in extent than the ce1ling area has executed a deed l>urrendering his leasehold right to the landlord, but has not actually transferred possession of the land to the landlord, such deed shaii be deemed to be invalid and the tenant shall continue as tenant.

6. Right of tenants to fixity of tenure.-(!) Notwithstanding anything contained in any law, cu5tom, usage or contract, or in any decree or order of court, to the contrary, every tenant shall have fixity of tenure in respect of his holding and ao land from the holding shall be resumed except as provided in this Act.

(2) Nothing in sub-section {1) shall confer fixity of tenure on a tenant holdmg under a landlord servin~ in the Armed Forces if the tenancy was created by ~uch landlord Within a period of three months before he was recruited to the Armed Forces or while he WaJ serving as n member of the Armed Forces:

Provided that no land from such tenant shall be returned except at the end of an agricultural yeat or before the expiry of the period fixed ill the con tract of tenancy:

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\ Provided further that such tenant shall be deemed to have fixity or tenure in respect of his holding if such landlord has not claimed resump- tion of the land compn~ in the holding wrthin one year from the date on which he ceases to be a serving member of the Armed Forces or wrthin a penod of one year from the commencement of this.Act or within one year from the expiry of the period of tenancy, whrchever period expires last :

Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure under the Malabar Tea.ancy Act, 1929, or the Cochin Verumpattamdars Act, VIII of II 18. '

7. Restoration of land to certain persons who were cr1ltivating on Varom arrangement.-Notwithstanding anything contained in any law or con- tract or in any decree or order of court, where a person who com- menced C'llltivation of any nilam under a varom arrangement and who continued to cultivate rt even after the expiry of the term of the varom arrangement, was evicted after the lith day of April 1957, from the mlam in pursuance of a decree or order of court he shall, subject to the provision of section (8), be entitled to be restored to the possession of the mlam. ·

8. Procedure for restoration.-( 1) Any person seeking restoration under section 7 shall, within a period of six months from the commencement of this Act, apply, in such form as may be prescnbed, to the Land Tribunal for the restoration.

(2) The Land Tribunal may, after such inquiry as may be pres- cribed, order the restoration of the applicant to the possession of the land where he is entitled to such restoration or reject the application where he is not so entitled.

{3) Any per son aggrieved by an order passed by the Land Tri- bunal under this section may appeal against the order within such time as may be prescribed to the Court of the Distrrctjudge having jurrsdic- tion over the area in whrch the holdmg 1s situate. The decision of the court on such appeal shall be final subject to the provisions of section 76.

(4) An order for restoration may be executed through the court as if the order were a decree passed by it.

{5) Any person who has been restored to the possession of land under this section shall be deemed to be a tenant for the purposes of this Act.

9. Right to prove real nature af transaction.-( I) Notwithstanding any- thing in the Indian Evrdcnce Aet, 1872 (Central Act 1 of 1872), or in any other law for the trme bemg in force, any person interested many land ~ituate in Malabar may plead, adduce evidence and prove that a transaction purportmg to be a mortgage otti, karipanayam, panayam or nerpanayam of that land is not in fact such a transactron but a transaction by way of kanam, kanamkuzhikanam, kuzhikanam, verumpattam or other lease, under which the transferee is entitled to fixity of tenure m accordance w1th the provisrons of sectron 6 and to the other rights of a tenant under this Act.

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• ioo {2) Whete under the last foregoing sub-section the court holds that the transferee is ent1tled to fixity of tenure in accordance with the pro-· VJsions of section 6, 1t shall be lawful for the cou1 t to pc1ss a decree containing directions regarding the appllcation of the sum, if any, advanced to the landlord and makmg other suitable alterations in the terms recorded in the instrument executed by the parties.

10. Resumption of land held by a tenant hamng jixiry.-( I) The land comprised in a holdmg may be resumed on the grounds and subject to the cond1tions and restrictions hereinafter specified.

(2) For extension of places of publzc reltgwus worshzp.-A trUstee or owner of a place of public religious worship may resume from a tenant of such public religious mstitution the whole or any portion of the hold- ing, when the same is needed for the purpose of extending the place of public' relig10us w01ship and the'· collector of the DIStnct cernfies that the same is so'needed.

(3) For buzldzng purposes.-A landlord may resume from a tenant the holding or an.y portion of the holding when the same is needed bona fzde fo~ the purpose of constructing a buildmg for the residence of himself or of any member of his family :

Provided that-

(a) no landlord shall be entitled to resume any land so as to reduce·the extent of the holding m the possession of the tenant below 20 cents ; and where the re.>umption would reduce the extent of the holding in the possession of the tenant below one acre, the landlord shall not restime more than 20 cents'; and

(b) the total extent of land that may be resumed from the holding-

(i) by one landlord ~hall not exceed 20 cents ; and

(ii) by two or more joint' or co-landlords shall not exceed· 50 cents :

Provided further that no landlord shall be entitled to resume under this sub-section; any' land comprised in a holding in the possession' of a tenant belonging to the Scheduled Castes or Scheduled Tribes.

(4) For self cultJ.Jatzon.-(a) A landlord who 'does not own land in el{cess of the ceiling area requiring the hoHing bonafzde for cultivation by him or· by any member of h1s family may resume from the tenant having in his possession,~or where he is a member of a fam1ly, m the possession. of the members of his family includmg himself, land m the aggregate exceeding the ceiling area, the whole or any portion of the holding so as not to reduce the extent of the land in the possession of the tenant or in the P<>ssession of the members of h1s family in the aggregate, as the case may be, below the ceiling area, nor to raise the extent of the land in the possession of the landlord abo>e 5 acres of double crop nilam or 1ts equivalent :

Provided that in ne case shall the landlord be entitled to resume under this sub-section more than half the extent of the land m exc('ss of the ceiling area m the' possession o' the tenant that would be liable to be surrendered if section 61 were to'apply .

1o1!J. (b)l A landlord; who does not own more than ten acres of double trop nilam or its equivalent, and who holds only· less than five' acres of such land, requiring the ho!Jmg bona jzde lor culuvation by him or by any member of h1s famtly, may resume from his varom.dar a portion not exceeding one-half of the area demtsr-d by him, so however as not to raise the extent of land m his possess1on a.bove fiv~ acres of such land.

(5) A landlord may resume from ·a tenant any holding compns- ing agricultural land of the description specified in sub-clause (c) of clause (39) of section 2-

(a) if such holding 1s necessary for the purposes1 of the planta- tion ; or

' (b) if the tenant wilfully commits any act of material waste in the plantation :

Provided that a cultivatmg tenant whose holding is resumed under clause (a) or clause (b), shall be ent1 t!ed to be paid a solatium by the landlord calculated in the manner speclf1ed below :-

(a) if such tenant is not entitled· to be paid compensation under the Kerala Compensation for Tenants Improvements Act, 1958,-

(i) where re~umption is under clause (a), an amount equal to three years' net income of the holding ;

(ii) where resumption is under clause (b), an amount equal to three years' net income of the.holdmg le~s the amount of lo~ consequent on the'waste ;

(b) 1fsu~h tenant i~ entitled to be patd compensation under the Ker,1la Compensation for Tenants Impro'vements Act, 1958,-

(t) where such compensation payable is less than the ~olatium payable under sub-clause (i) or sub-clause (u) of clause (a), as the case' may be, the difference between such compensation and the solatium so payable ;

(ti) where such compensatiOn J'> equal to or more than the solatmm payable under sub-clause (1) or ~ub-clause (u) of clause (a), as the case may'be, no solatium shall be payable but the amount of any loss consequent on the waste shall be liable to be deducted from out of the compensation payable '"here resumption IS under clau~e (b) :

Provid~d further that the right' of wmmption under clause (a) shall be exercisable only at the end or .1n agnrultural year· and'only at the expiry of the period of the contract of tenancy.

(6) (1) Notwithstanding anything contained in sub sections'-'(2),

(3) and (4), no kudiytrippu shall be re~umed ;

(ii) Notwithstanding anytlung· contained in sub-sections (3) and ( 4), no land from a tenant shall be resumed under the said sub-sections by a Stham 01 by his successor in interest in that holdmg, or by the trt:stee or owner of any place of pubhc rehgwus worship or of any other\ public religious or charitable institution or endowment.

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(7) Resumption of land under sub-sections (2), (3) and (4) shall also be subject to the following conditions :

(i) m respect of a tenancy subsistmg at the commencement of this Act no application for resumption shall be made after a penod of one year from such commencement:

Provided that where the landlord IS a minor or a person t.ubject to any mental or physical disability the right to resume land may be exercised--

( a) by the minor, Within one year from the date on which he attams majority ;

(b) by a person subject to mental or physical disabihty within one year from the date on wh1ch the mental or physical disability ceases to exist ;

(ii) the right to resume in respect of a holding shall be exer- cised only once ;

(1ii) the right of resumption ~hall be exercisable only at the end of an agricultural year ;

(iv) a cult1vatmg tenant whose holding is resumed shall be entitled to be paid as solatium by the landlord an amount equal to one year's rent in cases where the cultivating tenant is not entitled to compensation under the Kerala Compensation for Tenants Improvements Act, 1958. Explanatzon.-Where only a portion of the holding IS resumed, the solatium payable shall be piOportionately reduced.

(8) A J~n~lord desir~ng to .resume any Ian~ shall apply to the Land Tribunal w1thm whole JUrisdictiOn the land IS situate for an order for resumption.

(9) In an application under sub-section (8) all persons who have interest in the land including a kud1kidappukaran shall be made parties. Each such pany may put forth and estabhsh his objections to, or claims for, resumption, value of1mpro"ements, arrear:. of rent or any other matter in regard to the land sought to be resumed and the Land Tnbunal shall adjudicate such objections and claims and pass orders settling the rights of such party and specifying the person entitled to resumption.

(10) Whe1e the Land Tribunal finds that the resumption sought may be allowed, it may pass an order allowing resumption specifying the extent and location of the land, the rent payable in respect of the portion, if any, that would be left after resumption and such other particulars as are deemed necessary, and d1recung the landlord to make payments to extinguish the rights of the cult1vatmg tenant and inter- medianes 1f any, who would be affected by such resumption. Where any land 1S resumed all the rights of the cultivating tenant and su.ch intermediaries, in respect of the land shall stand extinguished. ( 11) Any person aggrieved by an order passed by the Land Tribunal under sub-sectwn ( 10) may appeal against the order within such t1me as may be prescribed to the Court of the District Judge having jurisdiction over the area in which the holding is situate. The decision of the Court on such appeal !»hall be final subject to the provi• \ions of section 76 •

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{12) An order for resumption may be executed through the court as if the order were a decree passed by it.

(13) Where in respect of any land there are more landlords than one, the landlords mentioned below and in the order of their priority alone shall be entitled to resumption, the landlord nearer to the cultivating tenant excluding the more remote :-

(a) Persons entitled to fixity of tenure under the Malabar Tenancy Act, 1929 or the Cochin Verumpattomdars Act, VIII of 1118 or the Devaswom Verumpattomdars (Settlement) Proclamation, XXIII of 1118 (Cochin)

(b) Kanomdar;

11. Tenant's right to sue for restoration of possession of land.- (I) In any case in which any land has ,been resumed on the ground specified in sub-section (2) or sub-section (3) of section l 0, if within three years of l>Uch resumption, the person resuming the land fails to extend the place of public religious worship or to construct the building f01 the extension or construction of which the land was resumed or transfers any of the lands resumed, to any person on kanam, kanam-kuzhikanam, kuzhikanam or verumpattom, or lease of any other kind the cultivating tenant shall, subject to the provisiorrs of section 12, he entitled to apply to the Land Tribunal for the restoratwn to him of the posse&sion of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant.

{2) The provisions of ::-ub-sections (9), (10), {II) and (12) of section 10 shall. as far as may, be applicable to the form and procedure in regard to the application for restoration and the right of appeal against and the manner of execution of, the orders for restoration.

12. Limztatzon for application for restoratzon under sectzon 11.-An appli- cation for r~toration under sub-~ection (I) of section II shall be made within one year from the date of the transfer by the person resuming the land if the applicatiOn is based on that g10und and w1thm four years after the resumption in other cases. '

13. Persons entitled to restoratzon.-(1) Whe1e restoratiOn of any land resumed is ordered under section II, the cultiVating tenant shall hold the land directly under the landlord from whom restoration has been ordered and the right~ of the intermediaries extinguished under sub- section (10) of section 10 shaJI not revive.

(2) Before such restoration the wltivating tenant shall pay to the person who resumed the land-

(i) the amount~ pa1d by such person to the cultivating tenant and to the intermediary, if any, towards the value of the improvements effected by them ~nd existing at the time of re:.toration; )

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...

(ii) the value o the improvements, if.~ny, effected bonafide by such persons between the date of resumption and the date of the ~pplication; and

(iii) ,any, amount other than solatmm received by the cultivating

. tenapt from such person on account of the resumption.

(3) The rent payable by the cultivating tenant after the restora- tion of the holding shall be the fair rent.

14-• . Rates of. normal rent.-(!) The rates of normal rent in respect of any,class of:land specified in column (2) of Schedule I . shall not exceed the maximum nor shall it be less than the minimum specified against it in columns (3) and (4) thereofres:r-ectively.

(2) Subject to the provisions of sub-section ( 4), the Government may, by notification in the Gazette, fix the rates ofnorrnal rent applicable to lands in any local area subject to the maxima and the minima specified in Schedule I In fixing such rates the Government shall take into account the loc:1l conditions regardmg tenure, the law prevaJlmg in that area immediately before the commencement of this Act and any other ~pecial con5Iderations,

. (3) Any .rate fixed by the Government under sub-section (2) may be vaned by them by like notification subject to the provisions of sub- section (4) and subject to the maxima and minima speCified in

. Schedule I. t.(·!) A draft of the notificatiOn proposed to be issued under sub- section (2) or sub-sectiOn (3) shall be laid before the Legislative , Assembly for a period of ten days and the Legislative Assembly may approve· the draft with or without modification or disapprove 1 the draft during the period m which it is so laid. On the approval of the draft by the Legislative As~embly the Government shall publish the notification, as approved, in the Gazette. If the Legislative Asaembly does not-

(1) approve with or without modification; or ( u) d1sapprove

the said draft during the pel 10d aforesaid it shall bt" lawful for the .Government to publish the notificatiOn in the Gazette in terms of the draft.

15. Constztution of Land Trzbunal.-The Government may, by notifi- cation in the Gazette, constitute for any area spec1fied therein a Land Tribunal consisting of a sole member who shall be a J ud1cial Officer not below the, rank of a Munslff or a Revenue Officer not below the

. rank of a Tahsildar, for the purpo~e of perforrnmg the functions of a Land Tribunal under this Act.

16. Determination by the Land Trzbunal of rent pa)'able.-(1) Any culti- vating tenant may apply to the Land Tribunal for determining the fair .rent in respect of the holding, the instalments, 1f any, in which it shall be payable and the date or datc5 on which such rent or the m~talments thereof shall be payable. The fair rent shall be the rent calculated at the rates applicable to the holding fixed by the Government under section 14 or the rent payable, 1mmediately before the commencement of this Act, whichever is less:

105

Provided that in the case of land used principally for the: cultiva- tion of tea, coffee, rubber or eardamom or such <>ther kind of special crops as may be spec1fied by Government by notification in the Gazette or used for any purpose ancillary to the cultivation of :.uch crops or for the preparation of the :.arne for the market, the contract rent shall be deemed to be the fair rent.

Explanation.-Where in re~pect of a holdmg, the fair rent fixed under the Malabar Tenancy Act, 1929, 1s higher ~han the rent which was payable under the contract of tenancy, the rent payable immedi~tely before the commencement of this Act shall, for the P.Urposes of this sub. section, be deemed to be the rent which w~ payable under the contract of tenancy.

(2) Where the rent payable under the contract of tenancy is fixed in money, such rent ~hall, for the purpose of determmmg the fair rent, be computed in commodity at the average of the prices of such com- modity for a period of six years immediately preceding the date of the apphcatwn under sub-section (1). '

(3) Where it is necessary to ascertain the vaiue of any commodity f('r the purpose of determining the fair rent, the value of such com- modity shall, tmlcss it ha~ been specified in the document evidencing the contract of tenancy, be deemed to be the average of the prices of such commodity for a period of s1x years immediately preceding the date of the application under sub-section (1).

( 4) On receipt of an application under sub-section ( 1) the Land Tribunal shall issue notices to all the parties concerned and after en- quiry, determine by an order-

(i) the fair rent in respect of the holding ;

(ii) if there is an intermediary Or intt:rmediaries, the 1ent pay. able to his landlord or to their re:.pective landlords by such inter· mediary or intermediaries ;

(iii) the instalments, 1f any, in which the rent spall be payable ; and

(iv) the date or dates on which the said rent or instalment shall be payable.

{5) Any person aggneved by an order passed by the Land Tribu- bunal under sub-section (4) may appeal against the order within such time as may be prescribed to the Court of the District Judge having jurisdiction O\ er the area in wh1ch the holding is situate. The decision of the Court on such appeal shall be final subject to the provisions of section 76.

(6) The fair rent determmed under sub-section (4) or sub-~ection (5), as the case may be, shall not be liable to alteration or revision ex- cept upon the apphcatlon of the Cl,lftivatmg tenant for the reduction of the farr rent on any of the grounds specified in section 24 :

Provided that where the ratt"S of n )rmal rent are varied by the ·Goverr.ment by notification under sub-section (3) of section 14 it shall be lawful for the landlord or the cultivating tenant to apply for the revision of fair rent on the basAs of the new rates. 34/4095

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17. Rent payable when Land T ribu11al has not determined rmt.-Where in a case the rent payable in respect of a holding has not been determined by the Land Tribunal. the landlord shall be entitled to rece1ve and the tenant shall be bound to pay the rent that was payable immediately before the commencement of th1s Act :

Provided that where the fair rent has been determined in respect of a holding, the order determining the fair rent shall take effect from the date on which the tenant filed the application for such determination and any amount m excess of such fair rent, paid by the tenant to the landlord till the date of determination of the fair rent shall be adjusted towards the payment of future fair rent or purchase price. Exptarzation.-Where in respect of a holding, the fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immedia- tely before the commencement of this Act shall, for the purposes of this section, be deemed to be the rent which was payable under the con- tract of tenancy.

18. Special Provisions regarding small holders.- ( I) For the purpo·es of this section 'small holder' means a person who does not fall within e1ther of the following categories, namely:-

(!) persons havmg more than ten acres of double crop nilam or its equivalent as landowner or intermediary, or partly as landowner and partly as mtermediary, or having an extent of land in one or both of the above capacities wh1ch, together with the extent of land in his possession as owner, or as tenant of land not subject to resumption under section 10, will exceed ten acres of double crop nilam or 1ts equivalent ; (1i) persons having in possession more than five acres of double crop mlam or its equivalent as owner, or as tenant of land not subject to resumption under section I 0, or partly as owner and partly as such tenant:

Provided that where a person had, in any one or more of the capacities mentioned in clause (i), land in the aggregate exceeding ten acres of double crop nilam or its equivalent, or in one or both of the capacities mentioned in clause (ii), land in possession in the aggregate exc!"eding five acres of double crop nilarn or it~ equh·alent, immediately before the 18th day of December, 1957, but on or subsequent to that date the extent of such land was reduc~::d by pat tltion or transfer to the extent aforesaid or less, he shall not be deemed to be a small holder; nor shall such partition or transfer entitle the allottee or the transfrree to exercise the rights conferred under this section in respect of the land covered by the partition or tramfer.

(2) Where in respect of any land the cultivating tenant was entitled to fixity of tenure, immediately before the commencement of this Act under any law, custom or contract or under any decree or order of court-

(a) such trnant holding under a ~mall holder rnay, at his option,- ( I) elect to continue as tenant in respect of the entire holding; or (i1) elect to purchase the ~ntire land comprised in the holding .

107

(b) where both the small holder and the tenant agree, the tenant shall be entitled to surrender one half of the holding to the small holder and retain the other half.

Explanation.-For the purposes of this sub-section a cultivating tenant ~hall be deemed to have fixity of tenure m respect of his holding if he has either paid renewal fees or taken a renewal or is entitled to obtain a renewdl with respect to that holding, even though under any other law he is not entitled to it.

(3) (a) Where'! tenant elects to continue as tenant in respect of the entire holding under clause (a) (i) of~ub-secuon (2), he shall PilY to the small holder as rent for the land compri~ed m the holding 75 per cent of the contract rent or where fa1r rent has been fixed in respect of the holding unde1' any law in f01ce immediately before the commencement of this Act, such fair rent.

(b) Where a tenant elects to purchase the enti1 e land comprised in the holding under clause (a) (1i) of sub-section (2), he shall pay to the Land Tribunal m a lump m such manner as may be prescribed, a sum equal to 12 t1mcs the conttact rent or where fair rent has been fixed under any law in fo1 ce immediately before the commencement of thi~ Act, 12 times such fair rent. Explanation.-For the purposes of this sub-section where in respect of a holding, the fair rent fixed under al'ly law in force immed1ately before the commencement of this Act b h1gher than the rent which was payable under the contract of tenancy the contract tent shall be deem- ed to be the fair rent fixed under any such law.

(c) .Where a tenant surrenders one-half of the holdmg and retains the other half under clause (b) of ~ub-section (2)- (i} for the improvements, if any, belonging to the small holder and the other landlords or the1r predecessor~ in Interest, if any, in the land retained by the tenant the small holder shall be entitled to receive from the tenant such amount as compensatiOn as he would have been entitled to under the Kerala Compemation for Tenants Imptovements Act, 1958, if he were a tenant evicted from such land and if those im- pr0vements belonged to him ;

(ii) for the improvements, if any, belonging to the tenant on the land surrendered to the small holde1 the tenant shall be entitied to get from the small holder such amount as compensation as he would have been entitled to under the Kerala Compensation for Tenants Im- provements Act, 1958, if he were evicted from such land ;

(iii) the right, title and interest of the small holder and the other landlords, if any, over the land retained by the tenant shall, in consideration of the surrender of the r1ghts of the tenant over the other half to the small holder. vest in the tenant free from- all encumbrances created by the small holder and the other land:ord,, 1f any; and

(iv) the ~mall holder shall pay¹o the otl er Ltndlords, if any compensation for thr> extinguishment of the1r 11gl·t, t1tle and in•e· est ovet the land retained by the tenant. Such c m e ~~.1t1nn ~hall be an amount equal to 12 tirre~ one-half of the 1ent payable by the ~mall holder in respect of the entire holding.

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(4) In the case of a holding held under a small holder by a tenant not falling under sub-section (2) the small holder may at his option,-

( a) require the tenant holding under him to surrender one-half of the holding, in which case the tenant may at his option either continue as tenant in respect of the remaming portion or purchase that portion; or

(b) permit the tenant holding under hun to continue as tenant in respect of the entire land comprised in the holding:

Provtded that a small holder shall be entitled to require his tenant to surrender only an extent of land whtch, together wuh the land already in the possession of the small holder, would not in the aggregate exceed five acres of double crop mlam or 1ts equivalent:

(5) (a) Where one-half or any portion of the holdmg ts surrendered to the small holder under clause (a) of sub-section (4), the tenant shall be entitled to receive from the small holder such amount as compen- sation for the improvements belongmg to rum as he would have been entitled to under the Kerala Compensation for Tenants Improvements Act, 1958, if he were evicted from such land.

(b) Where a tenant opts to contmue as tenant in re:,pect of the remainmg portion under clause (a) of sub-section (4), he shall be liable to pay to the small holder 75 per cent of the proportionate contract rent of such remaining portion or where fair rent has been fixed in respect of the holdmg under any law m force Immediately before the commence- ment of this Act, such proportionate fair rent in respect of the remaining portion of the holdmg; and where the tenant opts to purchase that por- ~i9n under the said clause, he shall be liable to pay to the Land Tribunal, m such manner as may be prescnbed, I 2 ttmes such pro- portionate contract rent or fair rent, as the esse may be, as purchase price.

(c) Whefe a tenant is permitted to continue as tenant in respect of the entire land comprised in the holding under clause (b) of sub- section (4) he shall pay to the small holder rent calculated at 75 per cent of the contract rent or where fair rent has heen fixed under any law ii1 force.urunediately before the commencement of this Act, such fair rent.

Explanatzon I.-For the purpose of this sub-section, in deter"' mining the rent payable by a varomdar the provisions of clause (it) of the Explanation to sub-section (I) of section 45 shall apply. Explanatwn II . ..::....for the purposes of this sub-section where in respect of a· holding, the fair rent fixed under any law in force i.mniedtiitely De- fore the commencemait Of this Act is higher than the rent which wall payable under the contract of tenancy the contract rent shall be deemed to be the fair rent fixed under any such law.

(6) Nothing in this section shall be deemed to take away from the small holder or re:,trict any of the rights or benefits under any other pro\lisions of thi~> Act to which he would be efititled if he were riot a ~mall holdw •

iosr

(7) The purchase price payable unda· clause {b) of sub-section

(5) by a tenant shal! be paid in 12 equal annual mstalments as deter• tmined by the Land Tnbunal with mterest on each such mstalment at the rate of H per cent per annum from the date of purchase to the respective dates of payment.

(8) Wtthin such time as may be prescnbed, the tenant holding under a small holder or the small holder, as the case may be, may statmg the option, 1f any, exercised by htm, apply m such form as may be pre.,cnbed, to the Land Tnbunal to grant the rehef he is entitled to. In such an apphcauon all persom who have any interest in the land in- cludmg a kudtkldappukaran shall be made parties. Each such party may put forth and establish hts objecttons and clalfns for value of improvements, compensatiOn, purchase price, encumbrance, mamten- ance or alimony, arrears ofrent, the rent payable or any other claim in regard to the land concerned and the Land Tnbunal shall adjudtcate such claims and pass orders settling the nghts of each such party. In passing orders regarding clatms of m tet medtaries 01 da1ms for encum- bt ance, maintenance or alimony, the Land Tribunal ~hall have regard to the proviSions of sectiom 19, 50 and 54. An ordet pa~sed by the Land Tribunal under this sub-sectiOn may be executed through the court as tf the order \vere a decree passed by it.

(9) (a) The purchase price shall be a first charge on the land, sub- ject to the charges for any dues payable to the Government and any local c~.uthonty and the instalments due shall be recoverable as an arrear of land revenue undet the provisiom of the Revenue Recovery Act for the time bemg in force. ,

(b) On the payment of the purchase price in lump under sub· section (3) (b) or on the payment of the first instalment of the same under sub-section (5) (b), the L,md Board, on mttmation of the same from the Land Tnbunal, shall1ssue a certificate of purchase in the prescnbed folm to the tenant m respect of the land purchased and thereupon the land shall vest in the tenant free f10m all encumbrances. Such certificate shall be conclusive evtdence of the purchase.

(c) Where a tenant hc~.s become the purchaser of any land under the provtsions of this section, the nghts of the ~mall holder and other landlords, if any, in the land ~hall be extmgUJshed lor whtch they shall be entttled to compensation which shall be equivalent to the purchase pnce payable by the tenant. The compensatiOn ~ohall be apportioned among the small holder and the other landlords in proportion to the profits derived by each from the land.

The compensation shall be paid by the Land Board to them in cash where the purchase price is patd m lump, and whete th,. purcha~e price is payable m instalments, the compensatiOn shall be paid etther in ~h or in negotiable bonds redeemable m 10 years and carrying in- terest at the rate of 41 per cent per annum with effect from the elate of purcha~e.

Explanatzon -For the purpose of this clause "profits derived from the laud" shall mean, in the case of the landowner, the rent to which he is entitled and in the case of any other landlord, the dtfference between the rent due to him from his tenant and the rent for which he ia liable to his landlord.

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(d) Pending the determination of the purchase price under sub- section (3) or sub-section (5) or where there has been an appeal against the determination of the purchase pnce, pendmg orders on such appeal, the tenant shall deposit w1th the Land Tribunal an amount equal to the rent wh1ch would hc~ve been payable by h1m on the dates on which such rent would have become due 1f the land were not purchased. The Land Tribunal shall after intimat1ng the Land Board pay such amount to the small holder and other landlords, 1f any, as part payment of the compen,ation on takmg proper security in ct~~e it is found that they are entitled to such amount. The amount ~o pa1d by the tenant shaii be deducted from the purcha;e price payable by him and he shall be liable to pay only the balance.

( 10) Any person aggneved by any order of the Land Tribunal under this section may appeal against such order Within such t1me as may b;! prescnbed to the court of the Distr1ct Judge having jurisdiction over tre area in which the land is situate. The decision of the court on such appeal shaii be final subject to the provisions of ~ct10n 76. ( ll) Where there has been any modification m appeal from the or- ders of the Land Tnbunal such orders shall be modified accordingly.

(12) Where any land has been surrendered to the small holder who is an intermediary, under clause (b) of sub-section (2) or clause (a) of mb-:.ectlon (4) the nght, t1tle and interest of the landowner and the intermediary. if any, between the landowner and the small holder in the said land shall vest in the Government w1th effect from the date of the surrender and the small holder shall be entitled to get such right, title and interest assigned to him. The provisions of sectiom 43 to 55 (both inclusive) shall, as far as may be. apply to the vesting and assign- ment of such right, utle and interest.

(13) The right~ conferred by this section on small holders shall be exercisable only by the following categories of landlord:..-

(i) the kanamdar, ( ii) the kanamkuzhikanomdar,

(iii) the customary verumpattomdar, and

(iv) the landowner. Where in respect of any land there are more landlords than one belonging to the categones mentioned above. such rights shall be ex- ercisable m the order of pnority, the landlord nearer to the cultivating tenant excluding the more remote. The rights conferred by this section shall be exercised only once in re:.pect of a holding.

19. Mode of payment Dj rent.- (1) Where the rent is payable in kind 1t shall be paid e1ther m kmd 01 in money at the optiOn of the tenant and the tenant shall be enutled to a receipt in W11ting signed by the landlord receivmg the rent, showing the amount of the rent m kind or money received, and the year for which 1t 1s cred1ted together with the details of the land for which it is paid .

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{2) The money value of the rent payable in kind, unless 1t is specified in the document evidencing the contract of tenan8y, shall be computPd with reference to the rates published in the Gazette under sect1on 26 for the date on wh1ch the rent 1s payable and 1f no such rate is pubhshed for that date, at the rate for the nearest previous date for wh1ch a rate is so pubhshed :

Provided that where in re•pect of any commodity the price has not been published m the Gazette, the money value of such commodity shall be calculated at the market rate prevailing on the date on which the rent is due.

20. Rent payable by zntermediaries.-Where m"respect of a holdmg there are intermediaries at the commencement of this Act the rent payable by an intermediary to h1s Immediate landlord shall be reduced m pro- portion to the reductwn, in the rent payable to lum by the tenant Im- mediately under him, on account of the determinatwn ofthe rent pay- able Wlder section 16.

Illustratzon.-A, the landowner, has g1ven a lease of nilam for 120 paras of paddy to B. B has sub-leased 1t to C for !50 paras of paddy and C has further sub-lea~ed to D for 180 paras ofpaddy, the sub-leases having been created before the commencement of this Act. The fair rent of the holdmg is fixed as 90 paras of paddy. D has to pay C 90 paras, C will have to pay 75 paras, and Bwill have to pay 60 paras.

21. Apportionment of rent on severance of znterest of landlord or tenant - Where by act of part1es or operation of law the mterest of the land- lord or of the tenant in the land demised has been severed, a sUit may be instituted by the landlord or the tenant for the apportionment ofrent and the security for rent, if any. The court shall pass a decr~e apportioning these amounts and directing the executiOn of a lease deed on the basis of such apportionment Within a specified period and make such order as to the costs of the suit as it may deem fit. If within the tlffie fixed by the court such deed is not executed, the court shall, on an application by the pe1son in whose favour such deed is to be executed and on the deposit by such person of such amount as the court may direct, execute the deed on behalf of the person in default and the deed so executed shall be deemed to be a deed executed by the person in default and the court shall by order direct that the cost of execution of the deed may be real1sed by the apphcant from the person in default. The 01 der of the court shall be enforceable as 1f 1t we1e a decree passed by that court under the Code of Civil Procedure, 1908.

22. Lzabil!ty for assessment.-(!) As between the tenant and the landowner the for mer shall be hable for any cess or l>pecial charges leviable by the Government for special or a<:lditional crop~ raised.

(2) A tenant making any payment towards basic tax or any tax payable to the Government or to any local authority shall be entitled to deduct the same from the rent payable by h1m to his landlord·unles~ under the contract of tenancy or under any law for

•he time being in force the tenant is hable to make such payment:

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Provided that no such reduction shall be made if the rent payable by the tenant to the landlord is less than the basic tax.

23. It emission of rent.-( I) Where there has been a damage to, or a failure of, crops owmg to causes beyond the control of the tenant in any holdmg, the tenant shall be ent1tled to a rem1ssion of the rent payable by hlffi In pro poi tion to the extent of such damage or failure a (2J The District Cvllector ~hall, on an application to him by the tenant, determmed the extent of damage to, or failure of, crops under sub-section (1) and order such remission of rent as appears to him just and proper. The decisiOn of the Collector shali be final and the tenant shall b.:: ent1tled to get the benefit of the renllssion so ordered.

24. Abatement zn rent zn cases of acquzsition of land, etc.-( I) A tenant shall, when a portion of the land comprised in the holrling is acqu1red under any law for the time bring 111 force for the compulsory acqui.:.ition of land for pubhc purposes, be entitled to an abatement in the rent in the same proportion as the yield from the portion acquired bears to the yield from the entire holding.

(2) Where any material part of the holding is wholly destroyed or rendered su b~tan ua\ly and pe1 man en tly unfit for the purpose for which it was let, by fire, tcmpe~t or flood or violence of any army or mob or other irresiStible force, the 1 ent payable shall be proportionately reduced.

(3) Where in any m~tance under sub-section (2) the holding has been rendered pe1manently unfit for the purpo~e for which it was let, the tenant shall be entitled thereupon to surrender the holdmg to the landlord.

25. Invalid·~ of claimr of dues other than rent pqyable.-(l) Not- \\ithstandmg any contr.lct to the contrary, expre.s or impheCl, no tena:.t shall be liable to pay to h1~ landlord a.> rent any customary dues or renewal fees or anythmg more or anythmg less than the rent payable under section 16 or section I 7 or sectiOn 18, as the case may be, and interest if any, the1 eon.

(2) Arrear~ of rent shall carry inte1 est at the rate of six per cent per annum or at the contract rate wh1chever is less.

26 Publtcation ·of prizes of commodztzer-The Government shall cause to be pubh~hed every month 111 the Gazette and at the Taluk Headquarters list~ of pnces prevailing in each taluk of commod1ties. the commutation rates of wh1ch are necessary for the purpose of this Act.

27 Summary Junsdzctwn of Munsiffs.-<1) Munsiffs rna~ I.IJimarly try and d1spose of suits IJy landlords for recovery ef a1 reat s of rent when the amount or value of the SUit does not exceed two hundred rupees.

( ') In such su1ts, the comt shall, except as hereinafter provided, follow the p1ocedure presc11bed for the tnal of small cause suits, and the court may dec1de any que5tion of title to Immovable property or statu~ wh1ch may be nece~~a1 y for the determ,natJon of the snits, but such decis1on shall not be res ;udzcata m any proceedin!C other tllau a suit under this section,

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(3) Notwithstanding anything contained in the Court Fees Act for the time bemg m force, the court-fee payable on the plaint in such suits shall be the same as on an application when the arrears to be recovered have accrued due within I 2 months of the date of the institution of the smt.

28. Deciszon non-appealable--The deci~ion passed in a suit under section 27 ~hall not be appealable.

29. Appluation to court when landlord refuses to accept a tender:-

If the landlord 1 efuses to accept a tender of the rent or if the tenant is doubtful as to the person entitled to receive the same and no suit has been brought against the tenant for recovery of the said dues, the tenant may apply to the court for permission to pay the same through the court.

Along with the said application, the tenant shall deposit in court the said dues together with interest, if any, accrued thereon.

30. Procedure on applicatzon under section 29 :-When an application and deposit have been made under fecuon 29 the court shall cause written notice thereof to be given at the cost of the apphcant to every person who, in the opmion of the court, is entitled to be heard thereon and after hearing ~uch of them as appear, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any interest, costs and such other matters as the court may deem fit.

Nothing m this section shall affect the nght of any person to recover the said amount by suit from the person to whom it is paid, but the order allowing the application ~hall be deemed a full acquittance to the tenant m respect of the amount recovered by it.

31. Przorzty of clazm for arrears of rent.-Arrears of rent due to the landlord, together w1th interest thereon shall be a charge on the interest of the tenant m the holdmg and shall, subject to the pnority of the rights of the Government and any local authority for arrears of tax, cess or other due~, be a first charge on such interest of the tenant.

32. Notice to landlord and zntermediary when the interest in the holdzn~ of the tenant is acquzred -(I) Any person denving an interest in the holding of a tenant by virtue of a title acqwred by act of parties or by operation of law shall, where such interest is acqu1red after the commencement of this Act, w1thin a month from the date of such acqu~ition, give reg1stered not1ce of h1s mterest in the holdmg to the landlord and the intermediaries. 1f any. The ~aid notice shall contam particulars of the property, its extent, the nature of the mterest acquned and the date of acquisition of such interest.

(2) Where default is made by a tenant in the payment of rent, his landlord shall give registered nouce of the default to the persons who have acquired interest m the holdmg pnor to the date of such default and who have notified the existence of their interest under sub-sectiOn (I) The persons havmg mteiest m the holdmg shall be entitled D pay the arrears and the landlord shall be bound to receive such payment:

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Provided that a person who has acquired interest only in a portion o \the holding, shall be bound to pay only so much of the 'rent or arrears of the same, as wiH on appox tionment fall on such portion of the holding. In the absence of agreement such apportionment shall be made by the court on application made to 1t by such person withm one month fwm the date of service of the notice of default.

(3) All apphcations for apportionment under the proviso to sub-section (2) s}lall, notwithstandmg anything contamed in the Kerala Civil Courts Act, 195 7, be made to the court of the Munsiff within whose jurisdiction the holdmg is situate. The order of apportionment shall have the force of a decree and be appealable as such.

33. Right of tenant to be heritable and altenable.-Subject to the provi- sions of this Act, all rights which a tenant has in his holding shall be heritable and alienable.

34. Dzsc!UJrge of arrears of rent.-( I) All arrears of rent outstanding on lith Apnl 1957 from a tenant belonging to any of the classes specified in column (I) below to h1s landlord, whether the same be payable under a decree or order of court or under any law or cont1act shall be deemed to be fully, dxscharged if payment of the amount specified agamst it in column (2) is made within one year of ,the cotilillencement of this Act.

Class of tenant

(1)

I. Tenant holding less than 5 acres of double crop nilam or its equivalent in the aggregate

II. Tenant holding 5 acres and more but less than IS act es of double crop nilam or its equi- . valent in the aggregate.

III. Tenant holding 15 acres of double crop mlam or its equi- valent or more m the aggregate .

• Amount payable for the discharge of entire arrears

(2)

One year's rent or the actual amount in arrears whichever is less.

Two years' rent or-the actual amount in arrears whichever is less.

Three years' rent or the actual amount in arrears which- ever is less.

Provxded that where an intermediary has collected rent in excess of the amount payable under th1s sub-sectiOn, for any period pnor to 11th A pnl 195 7 and has not patd the same to his landlord, he shall be liable to pay such excess also to his landlord.

/llustratton.-A has leased 3 acres of land to B on an annual rent of Rs. 100 and B has sub-leased it to C on an annual rent of Rs. 150. B has collected from C all the rent up to and inclusive of 11th April 1957 but has kept rent in arrears to A for 3 year:.. B must pay to A Rs. 300, that 1s, arrean. of all the three years and not Rs. 100, the rent for one year:

Provided furthe1: hat no intermediary shall be ltable to pay h1s landlord anythm~ m excess of what he is ent1tled to receive •

lllustfation.-A has leased ~ acres of land 'to B who has sub-leased It'equally to three tenants, falling under class I above. B's tenants are m arrears for three years and B also Is a defaulter in payment to A tbr the correspondmg period of three years. B IS entitled to collect from his tenants arrears for one year only and hence the liability of B to-ALis in respect of arrears for one yeat and pr,t two years:

Provided further that the !JI ovisions of tht:. ~u b-section shall not apply to the an ears of rent due to a small holder within the meaning of section 18 by a tenant hav111g m hlS posse:.sion land in excess of 15 acres of double crop nilam or Its eqUivalent.

(2) Any rent paid by a tenanl aftet the II th April 1957 shall be deemed to be payments towards the rent accrued• due after that date and the balance, If any, shall be credited towards arrears •accrued due before the sa1d date.

(3) Where betore the commencement of this Act, any cow t has ordered eviction of a tendnt on the ground that he has not paid arrear!> of rent but the tenant has not been actually evicted. the decree for eviction shall be annulled on the tenant depositing the rel'!t due as provided in sub-section (I).

(4) In computing the period of limitation for the institution of suits or proceedings for recovery of arrear~ of rent, the time during which such InstitutiOn was prohibited I oy section 4 of the Kerala Stay of Eviction Proceedings Act; 1957 and the period of one year allowed under sub-section (I) of this section for the payment of arrears of rent shall be excluded.

35. Rtghts as to timber trfes.-(1) Notwithstanding any law, custom or'contract to the contrary, all' timber trees planted by, the cultivating tenant or spontaneously sprouting and growing in his holdmg after the· commencement of his tenancy shall belong to the cultivatmg tenant.

(2) Subject to the provisions of sub-sections (3), ( 4) and (5) in the case of timber trees standing in the holdmg of a cultivating tenant at the commencement of his tenancy, the cultivatmg tenant and if he does not require, the landowner or the mtermediary, a~ the case may be, shall have the nght to cut and remove ~uch trees provided that the right conferred by this sub-secuon shall be exercisable by the inter- mediary only m case such umber trees were either planted by·him or bad spontaneously sprouted and grown durmg the period m which he was in possession of the holding.

(3) Where the cultivating tenant exercises his right under sub- section (2) he shall be liable to pay to the landonwet orithe in tetmediary, as the case may be, one-half of the·market value of the timber tree!! so.cut and removed.

( 4) Where the landowner or the mtermediary exercises his tight under sub-section (2) he shall be liable to pay to the cultivating tenant one-half of the market value of the timber trees so cut and removed.

(5) The right conferred by sub-section (2) shall not' be exercisable unless reasonable notice thei eof in writing is given to the party to be affetiedo-by the exercise of the said nght.

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SO. Right of tenant of kudiyiruppu to purchase the rights of lat~dlord.-(1) Every tenant of a Kudiyiruppu shall be enutled to purchase the rights of the landlord in the Kudiyiruppu, free of all encumbrances on pay- ment of twelve times 75 per cent of the annual rent payable by him m twelve equal annual mstalments together wilh mtere~t at 4 1/2 per cent per annum on the amount outstandmg at the time of the payment of each instalment.

(2) The tenant of a Kudiyiruppu may apply to the Land Tribunal for the purchase of the nghts of the landlord m the Kudiyiruppu making all persons mterested as parties to such application. The Land Tribunal shall on receipt of the application and after givmg an opportunity to all persons mterested to be heard, determme the purchas~ price, fix the dates for payment of the same and its appor- tionment among the mterested part1~s.

(3) On deposit of the first instalment of the purchase price the Land Tribunal shall intimate the fact to the Land Board and the Land Board shall thereupon issue a certificate of purchase m the prcllcnbed form to the tenant which shall be conclu::.ive proof of the vesting of the ownership in the tenant. The Land Tnbunal shall also order payment of the deposit money to the parties entitled to it. The balance of the purchase price shall be a first charge on the land subject to any charge for the dues to the Govet nment and to any local authority and shall be recoverable as an ear~ of land revenue and upon such recovery it shall be paid to the parties entitled to 1t.

(4) The cost of the proceedings shall be m the diScretion of the Land Tribunal.

(5) Any person aggrieved by an order passed by the Land Tribunal under this section may appeal against that order within ~uch time as may be pre~cnbed to the court of the Distnct Judge havmg JUrisdiction over the area in which the kudiyiruppu is situate. The decision of the court on such appeal shall be final subject to the provisions of sectiOn 76.

37. Kudzkidappukaran to have ftxtry.-(l) No kudikidappukaran shall be evicted from his kudikidappu except on the followin~ grounds, namely:- ·

person;

(i) that he has alienated his right of kudikidappu to another

(ii) that he has rented or leased out his kudilndappu to another person ;

(iii) that he has ceased to reside in the kudikidappu continuously ' for a period of two years; or

(iv) that he has another kudikidappu or has obtained owner- ship and possession of land Within one mile of his existing kudikidappu on which a homestead or hut could be erected. Explanatzon.-For thrc purpose of this sub-section a Kudikidappu- karan shall not be deemed to have ceased to reside in the Kudikidappu if a near r~lative of his, who was residmg with him m the Kudikidappu for a contmuous period of not less than one year, continues to reside

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- ... • t • in the Kudikidappu after the Kudikidappukaran has cea~ed to reside therem, m wh1ch case, such near relative shall be liable to pay the rent If any, payable by the Kudtk1dappurkaran. "Near relative" for the purpose of this Explanation means, husband or wife, children, grand children, father, mother, brother or sister.

(2) Notw1thstandmg anythmg contained in sub-sectiOn ( 1), the person m possession of the land on which there is a homestead or hut in the occupation of a Kud1k1dappukara may, if he bonafzde requires the land-

(!) for building purposes for h1mself or any member of his family including major sons and daughters; or

(u) for purposes m connection w1th a town planning scheme; or (ui) for any industnal purpose,

demand the Kud1kidappukaran. on payment of the price of the home- stead, 1f any, erected by the Kudik1dappurkaran, to sh1ft to a new site fit for erecting a homestead w1thm one mile of the existmg Kudikidappu, the possession and ownership of wh1ch shall be transferred by :,uch person to the Kudikidappukaran and the Kudikidauppkaran shall be bound to accept such arrangement. The extent of the site so transferred shall not be less than,-

( a) if withm the !Jmits of the Corporation of Trivandrum or of any major municipality, 5 cents; and

(b) if in any other area, 10 cents. The Kudikidappukatan shall be entitled to receive before he so sh1fts, fwm the person providing the alternate site, the expenses reasonably reqwred to sluft to the new s1te.

(3) Notwithstanding anything contained m sub-sections

(I) and (2) where a penon does not hold more than 25 cents of land within the limits of the Corporation of Trivandrum or of any Municipality constituted under any law for the time being m force relating to the constitution of Municipalities, and there is a homestead or hut m the occupation of a Kudik1dappukaran on such land, he may, 1f he requrres the land occupied by such homestead or hut, for constructmg a buildmg for his own residence, apply to the Government for the acqUisitiOn of land to wh1ch the Kud1kidappu may be shifted. In such applicatiOn he shall offer to deposit, wh~never caJled for, the cost of acquisition of 5 cents of land, if the Kudikidappu is located withm the limits of the Corporation ofTrivandrum or of any major Mumcipahty and of 10 cents of land in other cases. If there are not less than '20 such applications in respect of Kud1kidappus situated w1thm the limits of the Corporation of Trivandrum or a Municipality, an officer authorised by the Government in this behlf rna y after collectmg the cost of acquisitiOn from the applicants, acquire lands within such hmits under the Land Acquisition Act for the time being in force, allot such lands to the Kudikidappukars and reqUJre them to shift to the lands so allotted. The Kudikidappukars shall thereupon be bound to sh1ft to the new s1tes. A Kudikidappukaran shall be entitled before he so shifts to receive from the person in possessiOn of the land on wh1ch his homestead or hut was orignally located, the expenses as detemuned by such officer to be reasonably -required to shift to the new site.

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&planation.-For the purpose of this section "major municipality"

shall mean the municipalities of Cannanore, Cahcut, Trichur, Mattanchery, Fort Cochm, Ernakulam, Alleppey, Quilon and Kottayam. -

38. Rent pa)able by Kudzkzdappukaran -All arrears of rent, if any, payable by a Kud1k1dappukaran on the date of the commencement of this '\ct whether the same be payable unde1 any law, custom, or contract or under a decree 01 order of com t shall be deemed to be discharged, if he pays one year's rent or the actual amount in ar,ears whichever is less. On and after the commencement of this Act, not- wahstandmg any contract, decree or order of court a Kudikidappukaran shall not be required to pay more than six rupees yearly as rent in respect of his kud1kidappu wh1ch 1s not situated within the Ii mts of the Corporation of Trivandrum or of any l'vlunicipahty constituted under any law for the t1me being in force relatmg to the constitution of Municipalities:

Provided that a Kudikidappukaran who v.as not liable to pay any rent in respect of h1s kud1kidappu immediately before the commence- ment of this Act shall not be liable to pay any rent; nor shall a Kudi- kidappulraran be hable to pay any rent in excess, of that wruch he was paying before the commencement of th1~ Act.

39. Ftltng of suits agmnst Kudzkzdappukaran in certazn case.r.-If the Kudikidappukaran does not comply with the demand made by the person in possession of the land under sub-section (2) of section 3 7 to sh1ft'to a new site' the person m possession of the land may institute a suit against h1m for the purpose. The court, on being satisfied that the person m possess1on has complied with all the conditions mentioned in sub-section (2) of section '37, may pass a decree for shifting the Kudi- kidappu:

Prov1ded that no such suit shall be instituted wtthout giving the Kudikidappukaran one month's notice by registered post.

40. Rzght of Kudzkzdappukaran to be heritable but not alienable.-(!) The nghts of a Kud1k1dappukaran m Ius Kudikidappu shall be heritable but not alienable:

Provided that where a near realtive, not being a legal heir of the Kudikidappukaran, was residing with him continuously for a period of not less than one year immediately before his death and no legal heir was residing with him, the rights of the Kudikidappukaran shall devolve on such near relative to the exclusion of his legal heirs. Explanation.-For the purpose of this sub-section "near relative"

means and includes father, mother sister brother and sons and daughteH of such brother or sister.

(2) The Kudikidappukaran shall have the right to maintain, repair and rebuild the homestead erected by h1m, w1thout exceeding the dimensions ofthe original homestead, at his own co~t .

11~ VESTING IN GOVERNMENT OF LANDLORDS' RIGHTS IN LANDS HELD

BY TENANTS AND ASSIGNMENT OF SUCH RIGHTS TO TENANTS

4 I. Vesting m Government of landlords' righLr rn lands held by protected tenanLr.-( 1) For the purposes of this section the expression "protected tenant" with reference to a holding means a cultivating tenant other than the tenant of a kud1yirippu from whom no part of the holding is liable to be resumed.

(2) On the appointed day to be notified by the Government in the Gazette, all nghts, title and mterests of the landowner and the intermediary, 1f anv, over lands held by protected tenants shall vest in the Government free from all encumbrances created by the landowner and the mtermediary, subsisting thereon on the sa1d day.

42. Vestmg m Government 'of landlordr' nghts tn lands held by other tenanLr.-(I) Where-

(i) ·no application has been made for resumption of a holding under section xo; or

(i1) any such application made has been rejected; or (ii1) resumption of only a part of the holding has been allowed, all rights, title and interests of the landowner and the intermediary, if any, over the holding or over the land left after resumption, as the case may be, shall vest in the Government free from all encumbrances created by the landowner and the mtermedmry, subsisting thereon w1th effect from the date of expiry of the period for filing the application for resumption or the date on wh1ch the final order of reject10n of the application or the final order allowmg the resumption of part of the holding was passed, as the case may be.

(2) Where- (!) an intermediary has resumed any land under secton lO ; or {ii) where any tenant has been restored to the possession of any land under the provisions of th1s Act ; or

(iii) where any serving member of the Armed Forces has not claimed resumptiOn of the land leased by him within the period speci· fied therefor under the second prov1so to sub-sectiOn (2) of section 6, the right, title and mtere~t of the landowner and the mtermediary, if any, other than the mtermed1ary menttoned m clause (i), in respect of the said lands shall vest in the Government free from all encum- brances created by the sa1d landowner and intermediary With effect from the date of resumptiOn, date of re~toration or the datt" of expiry of the period aforesaid, as the case may be.

43. Tenant's rzght to asszgnment.-(1) The Intermediary who resumed land under ~ect10n 10 and the cultJVatmg tenant of the lands the right, title and intere~t over v.h1ch have vested m the Government under section 41 or sectwn 42 shall be entlt1ed to assignment of such right, title and interest, subject to the conditwn that by such ass1gnment the lOtal extent of land owned by the mtermed1ary 01 the cultivating tenant or where such intermediary or the cult1vatmg tenant 1s a member of a family, by such family, as the case may be, docs not exceed the ceiling ~ea fixed under section 53,

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(2) Any tenant entitled to ci~signment of the right, title and mtere::,t ove1 land!> under ~ub-sectwn ( 1) may apply to the Land Tnbunal w1thm s1x months from rhe date of the "esting under sectiOn 41 or section 42, as the case may be, for such a~signment to him.

(3) The application for assignment shail contam the foilowmg particulars :-

(a) the viJiage, survey number and extent of the land to which the assignment relates ;

(b) the nature of his interest ill the land ;

(c) the name and address of the landowner and the intel· medtanes, If any, and abo of every other person interested in the land and the natw c of their mterest so far as they are known to him ; and

(d) such (Jther particulars as may be prescribed.

(4) Where a tenant is entitled to get ass1gnment in respect only of a poruon of the land held by him, he may indicate m th~ application under sub-~ection (2) h1s choice of the land to wh1ch the assignment shall relate,

44. Land Trtbunal to~zssue 1zotzces and determzne the przce of la11d to be pazd by te11ants -( 1) As soon as may be after the recerpt of the appliciltiOn under section 43, the Land Tribunal shail pub!1sh 01 Cduse to be publ•shed a public not1ce m the p1e~cnbed form in each village withm its junsdiction calling upon-

( a) the landowner and illtermed~aries, if any, under whom the apphcant holds; and

(b) all other persons interested in the land, the right, title and interest over which have vested in the Government, to appear before It on the date specified m the notice. The Land Tribunal shall 1~sue a notice individually to each such landowner, intermed1aly and also, as far as practicable, to other persons men- tioned m clause (b) calling upon them to appear bdorc 1t on ihe date specified in the pubhc notice.

(2) It shall be open to any per~on interested ill the land to apply to the Land Tnbunal even where not1ce under sub-sectiOn (I) has not been rece1ved by h1m, statmg the nature of the c!

(3) Where any tenant falls to apply w1thm the pe11od specified m sect1on 43 he shall continue as tenant holdmg unrler the Government and shall be hable to pay to the Government rent payable m respect of the land from the date" on wh1ch the nght. title and mterest over the land vested m the Government, such rent bemg recoveral)Je as arrears of land revenue under the provis10ns of the Revenue Recovey Act for the time bemg in force. Notwithstanding anythmg contamed m section 3, the provi~Ions of sect10m 6, 16 and 17 shall apply to such tenant:

Provided that the Land Tribunal may admit an applicatiOn cifter the exp1ry of the afo1e:::aid penod, 1f the applicant sat1sfie5 the Land Tnbunal that he was p1evented by any 1.ufficient cause f10m makmg such application in time,

1~1 ( 4) The Land TIIbunal may after giving an opportunity to the landowner, intermediary and other persons interested m the land to be heard and after enquiry, by order, allow the application. The order shall specify the extent, survey number and S'Jch other particulars as may be prescribed of the land to which the assignment relates and the purchase price to be paid by the tenant for the assignment. Where a tenant is entitled to assignment relatmg only to a portion of the land comprised m his holding, the land to which the order of as~ignment relates shall. as far as practicable, be Withm a survey number or contiguous survey numbers.

45; purchase price.-(!) The purchase pnce payable by the tenant shall be the aggregate of-

( I) (a) 12 times the rent payable under the contract of tenancy in respect of the land or, where fair rent has been fixed under any law in force before the commencement of this Act, 12 umes such fair rent; or at the option of the tenant,

(b) 16 times the fair rent determined under this Act in respect of the land ;

(u) the value of any structures, wells and 'embankments of a permanent nature constructed or laid by the landlord or any other perwn interested in the land other than the tenant; and (Iii) one-half of the value of timber trees belonging to the land· owner or the intermediaries, if any.

Explanatwn.-For the purpose of this sub-section-

(i) where the rent IS payable in paddy, its money value shall be computed at the average of the prices for paddy for six years immediately precedmg the commencement of this Act;

(ii) the rent payable by a varomdar shall be deemed to be the average of the value of the share of the landlord in the produce for the three years Immediately preceding the commencement of this Act or, where a varomdar was not cultivatmg the land continuously for the said period of three years, the rent payable by him shall be deemed to be the value of the share of the landlord for the year m which the varomdar cultivated the land last, immediately before the commeneement of this Act; and

(iii) where m I espect of a holding the fair rent fixed under any law in force before the commencement of tlus Act, IS higher than ~he rent which wa~ payable under the contract of tenancy, the contract rent shall be deemed to be the fair rent fixed under such law.

(2) The purchase pnce ~hall be payable in 16 equal annual instalments.

(3) Notwithstanding anythmg contained m sub-section (2) It shall be open to the tenant to pay the entire purchase price in a lump, in which case, the pnce shall be seventy-five per cent of the amount as calculated under sub-section (I).

46. Deposzts of purchase pnce.-( I) On the determination of the purchase price under section 15 the tenant shall deposit with the Land Tribunal to the credit of the Land Board where the amount of tht

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purchase price is to be paid in a lump the whole of such amount within one year, or, where the purchase pnce IS to be paid in instalments, the first instalment thereof wtthin three months, from the date on whtch the purchase price was so determined or where there has been an appeal under section 51 against the otder of the Land Tribunal determming the purchase price, from the date on which the appellate authority passed final 01 der on such appeal. Where a person elects to pay the purchase price m a lump, he shall neverthebs pay the instalment, if any, whtch falls due bef01 e the date fixed for payment of the lump sum and credit shall be gtven to the mstalment so paid at the tirric of pay- ment of the lump sum.

(2) Where a tenant fads to deposit the first instalment on or before the due date no assignment ~hall be made to him and he shall continue as tenant, holding under the Government, and such tenant shall be liable to pay the rent payable m 1 espect of the land to the Government from the date on whtch the 1 ight, title and m terest over the land vested in the Government.

Notwithstanding anything contained in sectiOn 3, the proviSions or sections 6, 16 and 17 shall apply to such tenant.

(3) Whete the purchase pnce is paid in instalments, the second and subsequent instalments shall be depos1 ted in the Government Treasury m the prescribed manner to the credit of the Land Board.

(4) Pendmg an appeal under section 51. the tenant shall deposit on the due date the purchase p11ce or the instalments thereof as deter- mined by the Land Tnbunal. On the final deCISiOn of the appeal, the- excess if any, in the depostt shall be adjusted towards the future instal- ments and where there is no such future instalment it shall be refunded to the tenant.

(5) Whete a tenant has taken an assignment, interest at the rate of 4 l/ ~ per cent per annum shall acciUe on the purchase price from the date on whtch the nght, title and intetest of the landlord vested in the Government and tenant shall be bound to pay the purchase price with such mterest. Where the purchase price is payable m mstalments, the amount outstanding after pa}ment of each mstalment shaH bear interest at the rate of 4 1/2 per cent per annum.

(6) Pendmg the determmatlon of the purchase pnce under section 45 or where there has been an appeal agamst the determmat10n of the purchase pnce, pendmg 01ders on such appeal, the tenant shall deposit wtth the Land Tnbunal, an amount equal to the tent which would have been payable by him on th~ dates on which such rent would have become due u the 1 ight, tttle and intet est over the land were not vested in the Gove1 nment. The Land Tnbunal shall after intimating the Land Board, pay such amount to the landowner and the mtcrmedtaries m proportion to the rent due to them immediately before the vestmg in the Government as part payment of the compensation on takmg proper ~ecunty, m case 1t is found that the landlord is entitled to such amount. The amount so pa1d by the tenant shall be deducted from the purchase pncc payable by him and he shall be liable to pay only the balance amount .

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(7) A tenant to whom an assignment haq been made under section 43 shall be hable to pay to the Government and to any local authority all taxes, c.esses and other pu bhc charges due in respect of the land to which the assignment relates as from the date on which the right, title and interest vested in the Government.

{8) Notwithstanding anything contamed in this Act or m section 7 of the Land Tax Act, 1955, any person continuing as tenant under the Government under sub-sectiOn {3) of section 44 or sub-section (2) of this section shall be liable to pay to the Govctnment and to any local authority all taxes, cesscs and othet pubhc chaiges due in respect of the land.

47. Purchase price recoverable as arrears of land rcvetlue.-For the purchase price there shall qe a first charge on the land ~ubject to the chai ges for any dues payable to the Government and any instalment to default of the purchase price shall be recoverable as an anear of Land revenue under the provi~Ions of the Revenue Recovery Act for the time being in force.

48. Land Board to issue certifzcate ofpurchnst.-On the deposit ofthe purchase price in a lump or of the first instalment of such price, the Land Board shall make the a~signment as provided m section 43 in such form as may be prescribed.

49. Determznation of value of interest of landow11er and intermediary.-In the enqmry held .under section 44 the Land Tnbunal shall determine by an order the value of the intetests of the landowner and the inter- mediary, if any, in the land, the nght, title and interest over which vested in the Government, after giving an opportumty to them to he heard. The value of the interest of the landlord shall, where there is no intermediary, be the purchase price detcimined under section 45. Where there is an intermediat y the value of interest of the landlord anrl the intermediary shall be such portiOn of the purchase price as would fall to the landowner and the intermediai y respectively on a division of the purchase price in proportion to the profits denved by each from the land. Where there has been no assignment the value of interest shall be determmed at-

(i) 12 times the rent payable under the C(imtract of tenancy, or

(Ii) 16 times the fair Ient determined under this Act in r~pect of the land accordmg as the tenant was paying the con- tract rent or fair rent immediately before the vesting. Explanation.-Profits denved from the land shall, for the pUI pose of this sub-section, mean in the case of the landowner, the rent to which he is entitled and m the ca~e of an intermediary, the difference between the rent due to him from hi~ tenant and the rent for which the mtcr- mediary is hable to his landlord.

50. Determznatzon of encumbrances by the Land Tribunal.-( I) In the enquiry held under section 44 the Land Tribunal shall determine by an order-

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(i) any encumbraces created by the landowner and the inter- ·mediary, if any ; and

(ii) any maintenance or alimony charged on the land and law- fully subsisting on the day on which the right, tllle and interest of the landlord and the mtermediary vested in the Government.

(2) Where the right, tttle and intere't vested m the Government, form part of the secunty for an encumbrance, maintenance or alimony, the Land Tnbunal shall for the purpose of discharging the same, appor- tion the entiie encumbrance, maintenance or alimony, between the secunty vested and the portion of the secunty remaining, in proportion to the values of the two portions of the security.

(3) No order under sub-section (I) or sub-section (2) shall be passed without giving the parties affected an opportunity to be heard. 51 . Appeals.-( I) Any person aggrieved by any order of the Land Tribunal under section 44, sectiOn 49 or section 50 may appeal against such order, 'A

(2) Where there has been any modification in appeal from the ·orders of the Land Tribunal such orders shall be modified accordingly.

52. Landowner and zntermediary entitled to compensatzon.-( I) Where any right, title and mterest of the landowner and the intermediary have vested in the Government, the landowner and the intermediary shall be · entitled to compensation for the extinguishment of their rights.

(2) The compensation shall be---

(a) where the landowner or the intermediary is a religious, charitable or educational mstitution of a pubhc nature,-

(i) an annuity to be paid m perpetUity equal to the fair rent in respect ofthe land, the right, title and mterest over wh1ch have vested m the Government ; and

(i1) the value of the structures, wells and embankments of a permanent nature, situated in the land and belonging to such insotu• tion;

(b) in any other case, the aggregate of-

(i) the value of structures, wells and embankments of a per· manent nature sttuated in the land and belongmg to the landowner or the intermediary, as the case rna y be; and

{ii) the percentage of the value of Interest of the landowner or the intermediary m respect of the land and the improvements other than those fallmg under sub-clause (i) according to the scales spec1fied in Schedule II,

together With interest at the rate 4! percent per annum with effect frolll the date of vesting .

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(3) :for the purpose of determining the compensauon payabl~ to a landowner or intermediary, the Land Tribunal may, on the app!lca.- tron of the landowner, intermediary or an officer authonsed by the Government m this behalf, determine, as p10vided m ~ection 16, the fair rent in respect of the land, the right, title and interest over which have vested m the Government.

53. Preparation of valuatwn statements.-( 1) W 1thm two week~ after the expiry of the period ([appeal from the orders ofthe Land Tnbunal prescribed under sectiOn 51 or where there has been an appeal, within two weeks after the disposal of the ~arne, the Land Tribunal shall p1 e- pare a ~tatement showmg the follov.ing particula1 s :-

(a) a description of the land the nght, title and mtere~t over which have vested in the Government ;

(b) the name of the cultivating tenant of the holdmg;

(d) the names of the landowner c:~.nd the intermed1ary, if any, of the land,

(e) the value of the interest of the landowner and the in1er- med iary, if any, in the land;

{f) the names of the holder~ of the encumbrances, maintenance or ahmony and the amount payable to each; and

(g) such other particulars as may be prescribed. A copy of the statement so prepared shall unmediately be for- warded to the Land Board by the Land Tnbunal.

(2) On teceipt of the statement under sub-section (1), the Land Board shall determine the amount of compensatiOn payable to the land- owner and the intermediary, If any and th" amount payable to the holders of the encumbrances, mamtenance or alimony.

54. Payment of compensatzon, amount of e11cumbrance, maintena11ce or altmony,-(1) Subject to the provisiOns of sub-•wction (2) the compen- sation payable under sectwn 52 shall be distnbuted by the Land Board to the persons entitled thereto.

(2) Where the nght, title and mterest Vl:'~ted in the Governm!'nt are subject to any encumbrance, created by the landowner or 1he intermediary the value of the encumbiance shall be deducted from the compensatiOn amount payable to the landowner or the intermediary, as the case may be, and the balance alone shall be pa1d. If there IS any charge for mamtenance or ahmony on such 1 1ght, title and mterest, the Land Tnbunal shall also make deductions for payment out of the com- pensation amount due to the perwns hable for such mamtcnance or ahmony. If the total amount of such encumbrance, mamtenance or alunony is more than the amount of compemation, the compensation amount shaH be distributed in the order ol theit pnonty and on such payment the habihties m respect of the encumbrance, mamtcnance or alimony shall stand extmgm~hed:

Provided that where the landowner or the mtermed~ary is n religious, chantable or educatwnal institUtiOn of a pubhc nature and the interest of such institutiOn IS subject to any encumbrance created by it, the compensation shall be paid as follows:-

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{i) where the institution I~ enti tied to the value of structures, embankments and wells under sub-clause (Ii) of clause (a) of sub- section (2) of section 52 and such value exceeds or is equal to the value of the encumbrance, the value of the encumbrance shall be deducted from such value of structures, embankments and wells and the balance, 1f any, alone shall be payable under the said sub-clause (ii); {u) where no value of such structures, embankments and wells is payable to the Institution or their value is less than the value of the encumbrance an amount equal to five per cent of the value of the en- cumbrance, or five per cent of the difference between the value of the encumbrance and the value of the structures, embankments and wells, as the ca~e may be, shall be deducted from the annmty payable under sub-clause (I) of clause (a) of sub-section (2) of section 52, and the balance, if any, alone of the annuny shall be payable to the institutbn under the aforesaid clause (a);

(ui) the holder of the encumbrance shall, subject to the pro- VIsions of clause (iv), be paid the value of the encumbrance in full; (1V) where the value of the encumbrance exceeds the aggre- gate of-

(a) the value of the structures, embankments and wells payable to the institution under sub-clause (ii) of clause (a) of sub-section {2) of section 5?, and

(b) twenty times the annuity payable under sub-clause (i) of the said clause (a),

an amount equal to the aforesaid aggregate alone shall be payable to the holder of the encumbrance and the institution shall not be entitled to any payment;

and where there are more than one such holder of encumbrance, the said amount shall be distnbuted in the order of priority, and on payme;-.t of the compensation in the manner specified above, the liability in respect of the encumbrance shall stand extmguished:

Provided further that in cases where the encumbrance on the right, title and interest vested in the Government is in respect of a debt under an overdraft agreement with a Banking Company as defined m the Banking Companies Act, 1949, the creditor shall have the right to pro- ceed against the other assets or the per~on of the debtor for the balance outstanding, if any.

(3) The compeno.ation and the amount of encumbrance shal! be paid by the Land Board either m cash or m negotiable bonds re- deemable in ten years and carrying interest at the rate of H per cent per annum with effect from the date of vesting in the Government or partly in cash and partly in such bonds.

(4) Where any amount has been deducted for payment of main- tenance or alimony the same shall be patd in cash to the persons entitled thereto.

(5) Where a per,on entitled to the compensation, the value of the encumbrance, mamtenance or altmony d1es before it is paid to him it shall be patd to his legal representative~ .

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(6) Where the person entitled to receive the compensation or the value of encumbrance ts a private trust or endowment ur a miuor or a person suffering from some legal dtSabthty 01 a limited owner, the com- pensatiOn or the value of encumbrance may, notw:thstanding anything contained m any law, but subject to any general directions that the Government may glVe, be deposited for and on behalf o( the person with such authority or Bank a> may be prescribed.

(7) Whe're before any court or authority any &Uit or proceedmg lS · pendmg which directly or mdrrectly affect!. or IS !lkely to affect the right of any person to receive the whole or part of the compensatton or the amount of encumbrance or maintenance or alimony payable llnder this Act, the court or authonty may reqUire the Land Bo,trd to place at its disposal the amount w payable and thereupon the same ~hall be disposed of in accordance with the orde1s of the court or auth01ity.

55 Pa)'ment of compensatzorz to be full diScharge.-The p.tylllent of com- pensatiOn or tli.e value of encumbrance, maintenance 01 alimony to the landowner or intermediary or other persons entitled thereto in the manner pr~cribed by or under thi~ Act shall be a full disl harge of the liabihty for payment of compensatiOn and no further claims for payment of compensation shall he.

56. Proviszons of sections 41 to 55 not to apply to certam hold111gs.-The provisions of sectiom 41 to 55 (both mclusive) shalJ not apply to a hold- mg held by a tenant under a small holder as defined m section 18 except to the extent otherwise specifically provided in th1s Act. '

CHAPTER III

RESTRICTION UPON OWNERSHIP AND POSSESSION

OF LAJ.'\l'D IN EXCESS OF CEILING AREA AND

DISPOSAL OF EXCESS LANDS

57. Exemptzon.-( l) The provisiom of tlus Chapter shall not apply to-

(a) lands owned or held by the Government of Kerala or the Government of any other State in Ind1a or the Government of India or a local authonty or any other authority noufiecl by the (;overnment in this behalf ;

(b) lands comprised in mills, factone5 or w01kshop~ and which a1e necessary for the use of such mills, factones or w01kshops ;

(d) plantations ;

(e) housesites. that is to say, s1tes oe:cupied by dwelling houses, tanks, wells 01 any othc1 structUtes togethc1 wJth the land nece~~a 1

y for the comenient enjoyment of the same ,

(f) unculturab!e waste lands ,

(g) sites of temples, churches, mosques and cemeter ics ;

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(h) ~Ites of buildings includmg warehouses ;

(I) commercial ~ites ;

(J) lands occupied by educational InstttutJOns mcludmg lands necessary for the convement use of the mstitutions and playground~ attached to such institutions ,

(k) lands, if any, vested in the Bhoodan Y agna Committee ,

(I) lands owned or held by- (!) a Umversity established by law ; or

(u) a rehg10us, chautable or educational institution of pubhc natute ; or

(iii) a public trust (which expreSSion shall iuclude a wakf) :

Pro"ided that-

(i) the entire income of such lands is appropriated for the U nwersity, in~titut1on or trust concerned , and (Ji) where the UmversJty, mstitution or h ust comes to hold the ~aid land:S after the comm("ncement of this Act, the Government have certified prevwusly that such lands are bona jtde reqmred for the purposes of the U mversity, 111StltUt1on or ti ust, as the case may be ; and

(m) lands granted to defence personnel fm gallantry, for the duration of their hfe-time.

(2) The Government may, subject to the provisions of sub-sec- tion (3), 1f they are satisfied that 1t 1s necessary to do so 111 public mterest on account of any ~pecial use to which any land is put, or on account of any land being bona fide required for the purpose of conver- , sion mto plantation, or for the expans10n or preservation of an existing ( plantation, by notification in the Gazette, exempt such land from the 1 provi:.ions thiS Chapter subject to such restnctions and conditions as they may deem fit to 1mpose. I

(3) A draft of the notificat1on proposed to be issued under sub- section (2) ~hall be la1d before the Leg1~lat1ve Assembly for a penod of I ten days and the Legislative Assembly may approve the draft with or I without modificatiOn or disapprove the draft durmg the penod !11 which 1 t ~~ so laid. On the approval of the draft by the, Legislative Assembly the Govetnment shall pubhsh the not1ficat10n as approved m the Gazette.

If the Legislative Assembly does not-

( I) approve with or without modification ; or

(ii) disapprove, the said draft during the period aforesaid it shall be lawful for the Government to publish the notification 111 the Gazette in terms of the draft.

58. Interpretatwn.-( l) The cedmg area of land shall be- ( a) in the case of a family cons1st111g of not more than 5 member~, 15 acres of double crop mlam or its equivalent, and in the case of a fam1ly cons1stmg of more member~, an additional extent of l acre of double crop nilam or 1ts eqmvalent for each member in excess, so however that the total extent of the land shall not exceed 25 acres of double crop ni!am or its equivalent ;

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(b) in the case of an adult unma1ried person, seven and a half ac1es of double crop mlam or its equivalent.

(2) For the purposes of this Chapter, all the lancls owned or held individually by the members of a fam1ly or jointly by borne or all of the members of such family shall be deemed to be owned or held by the farmly.

(3) In calculating the extent ofland owned 01 held by a family or an adult unmarried person, the shares of the members of the family or the adult unmarned person, as the case may be, m the lands owned or held by a company, co-operative society, firm or othe1 body of indtvi· duals or by an instituuon or by a Jomt Hmdu Family, Marumakka- thayam Tarwad, Aliyasanthana Family or Namboodii i Jllom ~hail be taken into account.

E"planatzon -For the purposes of this sub-section, the sluue of a member of the famdy or the adult unmarried person iu the l.u1ds owned or held by'a Company, Co-operative Soc1ety, F1rm m other hody of indiv1duab or by an Institution or by a Jomt Hiut!u Family, Maru- makkathayam Tarwad, Ahyasanthana Family or Nambood1ri Ilium !>hall be deemed to be the extent of land which would be allotted to such member or person had such lands been d1vided or parut10n1·d, ai the case may be, on the date notified unde1 sub-section (I) of sec- tion 59.

( 4) Where after the 18th December, 195 7, any clas'l of land speci- fied in clauses (1), (ii), (1ii) or (1v) of sub-section (9) ol section 2 ha:. been converted mto another class of land, the exteut of land that may be owned or held by a fam1ly or adult unmarned per~on owning or holding such land at the time of the conve1sion shall be determined without taking into account such conversiOn.

(5) The lands owned or held by a private trust or a private insti- tution shall be deemed to be lands owned or held by the pe1 '!on creating the trust or establishmg the mstitution, or if he is not alive, by his suc- cessors in interest.

(6) In computing the ceiling area, Jand9 exempted under sc:ction 57 shall be excluded.

Explarzatzon I.-For the purposes of this section whc1 e any person has t\\-0 or more livmg w1ve~ and such plm ality of wive~ is recognised by the personal law gove1ning the part1es, such person togethe1 with the wife he chooses and her minor unma1 ned children shall be deemed to be a fam1ly and each of the other wife together with her minor un- married children shall be deemed to be an adult unmarued person, with the right to an inciease of one acre of double crop nilam or its equivalent for each member in e"

Explanat!Oll Jl.-A divorced husband or a divorceJ wife, ~hall be deemed to be an adult unmarned person, provided that when• the1 e are mmor unmarried children of ~uch husb.111d or w1fe, the husband or wife legally entitled to the cu~tody of such children shall, along with the children, be deemed to be a family:

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Provided that if they re-marry, the re-married person, Will form a famdy with his or her wife or husband as the case may be.

59 Persons not to own or hold lands £n excess of tire cezlzng area.-( 1) Subject to the provisions of su b-sect10ns (2) and (3) w1th effect from such date as may be notified by the Government, 1t shall not be lawful for any family or any adult unmarned person to own or to hold or possess under a mortgage executed after 18th December 1957, land m the aggregate in excess of the cellmg area.

(2) Notwithstandmg anything con tamed in sub-section ( l), it shall be lawful for any family or adult unmarned person to own or hold any cashew estate 1f 1t was a cashew estate on lith Apri11957 and continued as such at the commencement of tlus section and also other lands not e>..ceedmg one-half of the ceiimg area of such family or adult unmarried person :

Provided that the benefits conferred by this sub-section shall be avallable to the famlly or the adult unmarned person, as the case may be, only so long as the cashew estate remams at such. Explanatzon-For the purpose of this clause, 'Cashew estate' means lands pnncipally planted w1th cashewnut trees and having a cont1guous extent not below 10 acres.

(3) Notw1thstandmg anythmg conta111ed in sub-section (I), it shall be lawful for any adult member 111 a famJ!y to own or hold land in excess of the cedmg area to the extent necessat y to make up the ceiling area of hts hneal descendants, other than his rmnor unmarx:_ted ch!ldren, who are alive on the date nottfied under sub-sectiOn (!)and who would inhent his lands on his death:

Provided that the aforesatd adult member shall take into account all acquisttions of land or 111terests m land made by such !meal descen- dants or the mtmbers of their famiites for fixmg the total extent that such adult member sh,all be entitled to own or hold, from time to time, and shall be bound to surrender the excess.

Exptanatzon /.-In the case of lineal descendants who are members of other families the ceihng area shall be that apphcable to their families.

Explanatzon //.-For the purposes of this section "to hold land'' shail include possesslllg land under a usufructuary mortgage created on or after 18th December, 1957.

60. Certazn voluntar)' transfers /(! be null and void'.-Notwithstanding anythmg contained in any law for the time being in force, all voluntary transfers effected after 27th July 1960, otherwise than-

(t) by way of partition; or (i1) on account of natural love and affection; or (iu) in favour of a person who was a tenant of the holding before the 27th July, 1960, and continued to be so till the date of transfer,

;JY a member of a farmly or an adult unmarned person owning or holding land 111 excess of the ce!lmg area, shall be deemed to be trans· fers calculated to defeat the proviSions of this Act and shail be mvahd •

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Provided that without prejudice to any other right of the parties to any such transfer, when any compensation is payable under section 52 or under section 64 for any land cove1ed by the said transfer, it shall be competent for the Land Tribual to award to the translerec-, out of the compensation amount m respect of such land, such sum a~ the Land Tnbunal may comider it just and proper.

61. Surrender of excesr lands.-(!) Where a family or an adult un- married person owns or holds land in exces~ of the ceiling area on the date notified under sectiOn 59, such excess shall be ~urrf'ndered by the person who is competent to do so withm such ttme and to such autho- rity a~ may be prescribed:

Provided that where any person bona ficle believes that the owner- ship or possessiOn of any land owned or held by him or hy the members of his fam1ly il> hablc to vest in the Government under section 41 or section 42 or to be rel>umed under section 10, or suncnderc-d or pur· chased under section 18, tht. extent of the land so hable to vest or to be resumed or surrendered or purchased shall not be taken into account in calculating the extent of the land to be surrendered under this ~uh- section.

Explanation.-Where any land owned or held by a family or adult unmarned person owning or holding land in exces~ of the ceiling area, was tramferred by such family or any member thereof or hy such adult unmarried person, as the case may be, after 18th December, 1957, and on or before 27th July, 19f0, otherwise than-

(i) by way of partition ; or (i1) on account of natural love and affection ; or {i1i) in favour of a person who was a tenant of the holding before the 18th December, I 957, and continued to be M> till the date of transfer,

the extent of land owned or held by such family or adult unmat nrcl person shail be calculated for purposes of fixmg the extent of land to be surrendered under th1s section as 1 f such transfer had not taken place and such famliy or adult unmarried person shall he bound to surrender an extent of land which would be m exres~ of the ccilmg area on such caleulatJOn, or where such family or person does not own or hold such extent of land, the entire land owned or held by the f."lmJly or person ; but nothing in th1s Explanation shall affect the rights of the transferee under the transfer.

(2) Where a famdy or adult unmarried person own~ or holds land in excess of the ceiling area the husband, or m h1s ab,cnce, the w1fc or in the absence of both, the guard1an of the minor chilcltrn ot, as tho case may be, the adult unmarried person shall. withm n period of~ix months from the commencrment of th1s sectiOn file a statC'ment before the Land Board mtlmatmg the location, extent and such other parti· culars as may be prescnbed, of all the lands owned or held by the lamily pr adult unmarried per~on, and indiCating the land~ propm!"cl to h!"

sv.rrendered.

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Explanation I.-Where lands owned or held by a family stand in the name of more than one member of the fam1ly the Identity of the land, the ownership or posses~1on or both of which 1s to be surrendered, shall be md1cated as far as practicable w1th the concurrence of all the members m whose names they stand.

Explanation II.-Where land to be surrendered i~ owned or held by two or more persom jointly, whether or not as members of a company, co-operative society, firm or other body of md1viduals or of an institu- tion or of a joint Hmdu family, marumakkathayam tarward, aliya- santhana family or nambood1ri Illom, the identity ofthe same shall be ind1cated as far as practicable w1th the concurrence of all the persons who own or hold such land.

(3) Where after the final settlement of claims for resumption under sectiOn 10 or cla1m~ for ~urrender or purchase under sectiOn 18 of lands held by a family or adult unmarned person as tenant, such family or person hold~ land m excess of the ceilmg are , or where after the vestmg of the righb, title and interests of the land- owner m the Government under section 18 or section 41 or section 42 in respect of lands owned by a family or adult unmarried person ~uch family or person owns land in excess of the ceilmg area, such exces!> shall be surrendered by the person who is competent to do so within a period of three months from the date of the final settlement, purchase or vestmg, as the case may be. At the time of the ~urrender he shall file a statement before the Land Board contam- mg the part1culars specified in sub-section (2) of the lands held by h1m. The provisions of sub-~ectwn (2) shall, as far as may, apply in regard to the calculation of the excess land and the procedure for the surren- der of the same.

(4) On rece1pt of the statement under sub-section (2) or sub- section (3), thell Land Board sha-

(a) came the particulars mentiOned in the statement to be verified ;

(b) ascertain whether the family or person to which or to whom the statement relates. owns or holds any other lands ; and

(5) In determinmg the identity of the land, the Land Board shall, as far as practicable, accept the choice indicated under sub-section⁽²⁾ or sub-section (3) :

Provided that whe1 e in such deternunation the interests of other pe1son are also likely to be affected the Land Board shall, except in cases where all the p€rsons interested have agreed to the choice mdica,. ted, afford an opportunity to such other persons to be heard and pass smtable orders regarding the land to be surrendered.

(6) Where any person fails to file th(' statement spec\fied under sub-sectiOn (2) or sub-sectiOn (3), the Land Board shall, after necessary enquines, by 01 der determine the extent and other particulars Qf the land the ownership or possess:on or both, of which IS pr are t~ be sur~ renderep:

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Provided that before ~uch determination the Land Hom 1l shall give an opportunity to the persons mterested m the land, to be heard.

(7) Where the Land Board determmes the extent of the land to be surrendered by any person without hearing any prr son mterested, such person may wtthm srxty c1ays from the date of such dcterminatton apply to the Land Board to set aside the 01 der and If he satisfies the Land Board that he wa'> prevented by any sufficient cause from appear- in~ before the Land Board, it shall set aside the order and shall proceed under sub-section ('!) or sub-sectiOn (6), a~ the case may be.

62. Vestingofexusslandsin Government.-(1) On the determination of the extent and other particulars of the lands the ownership or posses- sion or both ofwhtch ~~or are to be surrendered under section Gl, the Land Board shall 1~sue a not1ce to the person bound to surrender demanding the surrender, withrn a specified date, not being earlier than thirty days from the date of the nouce, of the Ian cis or the owner- ship of lands to such auth~rity as may be specified therein and inti- mating that m case of default the ownership or possession or both, as the case may be, of the lands determined by the Land Board shall be assumed by the Government within a specified date.

(2) On 1 eceipt of such notice, such person sha!l make the surrender demanded, in such manner as may be prescnbed.

(3) Where any person fails to make the surrender demanded the Land Board may authonse any officer to take possessiOn of the land by gomg to the land, demarcatmg it, and by proclaiming by beat of tom tom that possession or pmsession and ownership, as the case may he, of the land has passed to the Government :

Provtded that where the surrender is.only of ownctship of land, the assumption of ownership shall be made by a declaratiOn m writin~ by the Land Board to that effect and duly published in the manner prescribed.

(4) Upon the surrender under sub-section (2) or the assumption under !>uh-sectiOn (3), the land or the ownership vr pmses~ion of the land shall, as tht" case may be, vest m the Government. Where in respect of any such land there is an mtermecliary the rights of the mter- mediary over that land shall stand extrnguished.

63. Excess land obtamed by gift, etc , to be surrendered.-( J) Subject to the provtsions of the pro vi ~o to sub section (3) of section 59 where any person comes by any land after the date notified under sub-section (I) of section 59 on account of gift, purchase, mortga~e with possession, lease, surrender or any other kind of transfer int;r-vrvos or by bequest or inhentance 01 other-wise and rn consequence thet eof, the total extent of land owned or held by the family of such pea son or hy such person, if he is an unmarried adult, exceeds the cei!rng area such exce~s shall be SUI rendered to such authority as may be prescribed with\n si~ months of the date of hi~ commg into owner~hip or posse~~ipn.

(2) The Provtston> of sections 6! and 62 shall, as far as If\ilY bc· 1 apply to the surrender to, and vesting in, the GovernJ11et't of the QWf\ery !!hip or pQssession or both of lanqs under sub- sectio,n (I}.

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64. Persons surrenderzng land ell titled to compensation.-( I) Where a per- aon surrenders ownership or posseSSion or both of land as provided in section 61 or section 63 he shall be ent1tled to compensation. Where m respect of any such land there IS an mtermed1ary, he shall abo be en- titled to compensatwn.

(2) The compensation payable to any person surrendenng owner- ship, possession or equity of redemptiOn over any land shall be the aggregate of-

(1) the full value of any structures, wells and embankments of a permanent nature sttuate m the land and belongmg to him ; and

(ii) the percentage of the ml\rket vl\lue of the land and imptove• menu other than those specified m clause (t), calculated as follows :-

On the first Rs I ),000 of the muket value of

h1s mterests in all the lands surrendered .. 60 per cent On the next Rs. 15,000 of the market value of

his interests in all the lands surrendered .. 55 , On the next Rs. 15,000 of the market value of

his interests m all the lands surrendered .. 50 , On the next Rs. 15,000 of the market value of

hts interests in all the lands surrendered 45

" On the next Rs 15,000 of the market value of hts mterests m all the lands surrendered 40

" On the next Rs 15,000 of the market value of his interests m all the lands surrendered 35

" On the next Rs. 15,000 of the market value of h1s mterests in all the lands surrendered 30 "

On the balance of the market value of his intere>ts in all the lands surrendered 25

Explanatzon.-For the purposes of this clause "the interest of any person" in the land surrendered shall not mclude his interest with re~pect to structures, wells and embankments of a permanent nature.

(3) Where the landowner surrenders ownership of excess land, the compen<>at!On payable to htm and the mtermediary, if any, shall be at the same rate as Is payable under section 52 as If the right, title and mterest of the landowner and the mtermed1ary, If any, vested in the Government.

(t) Where a tenant surrender<> possession of excess land the compensation payable to such tenant and the intermadiary, if any, shall be such portion of the compensation payable for the surrender of full rights as would fall to the share of the tenant or the inter- mediary If the amount of compemat10n wer£' divided among the land- owner, intermediary and tenant m proportion to the respective profits denved by each from the land.

Explanatzon.-'' Profits denved from the land" shall mean-

(i) in the case of the landowner. the rent wh1ch he was entitled to ~et frQm the tenant holdm!? 1mm~diately under him;

(

(ii) {iii) in the case of the tenant 11urrendering possession, the difference between the net income f1 om the land ami the rent payable by h1m to his landlord; nnd in the case of the intermed1ary, the ddle1 encc between the rent due to him from hi~ tenant and the rent for wh1ch he 1s liable to his landlord.

(5) Where an owner of land sunenders the equity of redemption over any land, the amount due to the mortgagee uude1 the mortg..tge shall be deducted from the compensatiOn amount and the balance alone shall be pa1d to the owner.

(6) Pendmg the determinatiOn of the amount of compensation payable to ~ny person under th1s sectwn, 1t shall be competeut for the Land Board to pay such amount as 1t considers proper to such persou as part payment of the compensation on takmg proper srcurity in case it IS found that he is entitled to such amount. The amount so pa1d shall be deducted from the compensation payable to such person and the Land Board shall pay to h1m only the balance.

65. Preparation of ualuatzon statement.- (I) As soon as may be after the Land Board has determined the extent and part1cul,us of any land, the ownership or pos:-.ession or both of winch 1s 01 are to be l>lll rendered, the Land Board shall, forwardmg the necc~\ary documents, direct the Land Tnbunal to prepare and subm1t to the Land Board a statement of the market value of such land and of the intetests m the land showmg the following particulars:-

(a) the description of the land or mterests m the land valued;

(b) the name and address of the pe1son surrrndcring;

(d) the market value of the land or, as the case may be, of the interests of the cultivatmg tenant, landownc1 and mtt·1mediary;

(e) the names of the holders of the encmnbrunces, m..tintenance or alimony pertaimng to the mtercsts valued ..tnd the amount payable to each; and

(f) such other particulars as may be prescribed.

(2) On receipt of the du ection under sub-sectiou (I), the l.nnd Tribunal shall determine the market value of the intcJ e~ts dtrectcd to be valued and the amount of the encumbrances, mumtenance or alimony subsistmg on such interests aftrr givmg to all persons mterested an opportunity to be heard.

(3) Where any land the O\\mrship or possession or both of which is or are surrendered to, or assumed by, the Government forms part of the security for an encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of d1schargmg the snme apporuon the entire encumbrance, maintenance or alimony bet\\ ern the land bllrren- dered to, or assumed by, the Government and the portion of the &ecurity remainmg in proportion to the values of the two portiona o( the security.

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• M. Appeals.-( I) Any person aggrieved by the orders of the Land Tr1bunal under section 65 may appeal agamst such order within such time as may be prescribed, to the court of the D1stnct Judge I avmg junsdiCtion over the area m which the land IS situate. The dec1sion of the court on such appeal shall be final subject to the provi- Sions of section 76.

(2) Where there has been any modification in appeal from the order~ of the Land Tribunal such orders shall be modified accor- dingly

ti7. Preparation of compensatwn sU!tements.-( I) Withm two weets after the expiry of the penod of appeal from the orders of the Land Tribunal prescribed under sectiOn 66 or where there has been an appeal, w1thm two weeks after the disposal of the sam~, the Land Tnbunal shall prepare a ::.tatement showmg the particulars mentioned in sectiOn 65 A copy of the statement so p1epared shall be forwarded immediately to the Land Board by the Land Tribunal.

(2) On rece1pt of the ~tatement under sub-~ection (I), the Land Board shall determine the amount of compensation payable to the landowner, the cultivatmg tenant and the mtermed1ary, 1f any, in accordance with the scales spec1fied in section 64 and the amount payable to the holders of the encumbrance, maintenance or alimony.

(3) Subject to the provisions of sub section (4), the compen- sation payable under section 64 shall be distributed by the Land Board to the persons entitled thereto.

(4) Where the land or the ownership or posses~ion of land which has been surrendered, IS subject to any encumbrance, maintenance, or alimony, the value of the encumbrance, maintenance or ahmony shall be deducted from the compensation amount payable to the person hable for such encumbrance, maintenance or ahmo ny. If the total amount o! such encumbrance, mamtenance or alimony 1s more than the amount of compensation, the compensation amount shall be distributed to the holde1s of the encumbrance, mamtenance or alimony in the order of pnority and on such payment the liabilities m respect of the encumbrance, maintenance or alimony shall stand extinguished:

Provided that where the encumbrance is in repect of a debt under an overdraft agreement with a Bankmg Company as defined m the Banking Companies Act, 1949, the creditor shall have the nght to proceed against the other assets or the person of the debtor.

68. Payment of compensatzon, amount of mcumbrance maintmance, or alimony.-( I) The compensation or the amount of encumbrance, as the case may be, shall be pa1d either m cash or in negotiable bonds redeemable in ten years and carrying interest at the rate of 4! per cent per annum with effect from the date on which the ownersh1p or posses- sion or both of the land has or have vested in the Government under section 62, or section 63 or partly m cash and pa1 tly m such bonds. '

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(2) The provmons m wb-sect1ons (4), (5), (6) nnd (7) of section 54 shall as far as may apply to the payment of compensation and the amount of encwnbrance, maintenance or alimony.

69. Payment of compensation to be full discharg1.-The payment of compensation in the manner specified in section G8 shall be a full discharge of the liability for payment of compensdtion and no further claim therefor shall lie.

70. Application for assignment of la11d.-Any peJSon who does not possess any land or possesses only less than five acres of douf>le crop nilam or its equivalent may apply to the Land Board for assignment of lands to him.

Explanation.-For the puroose of this srction "as~ignment" im·lude<> transfer of land by way of lease.

7l. Amgnment of lands by lAnd Board.-( 1) The Land Board aha II after reserving in each village the lands necessary for public purposes, assign the balance of the lands vested in the Govemment undC"'' section 62 or section 63 as specified below:

(i) the holdings m which there a1 e kudiludappukars shaU aft far as possible, be assigned to such kudikidappukar~;

(ii) out of the temaining area available for assignment- ( a) fifty per cent shall be auigned to the landless agncultut al labourers of which one-half shall be assigned to the landless agricultural labourers belonging to Scheduled Castes or Scheduled Tribes residing in the same village or adjacent villages;

(b) thirty-five percent shall be assigned to small holden and othet landlords who are not entitled to resume any land;

(c) the remaining fifteen per cent shall be as!ligned to the cultivators who do not possess more than 5 acres of double c1·op nilam or itJ equivalent~

Provided that in assigning lands under this aub-scctlon to the persons specified in sub-clause (a), (b), or (c), preference shall be given to co-operative !locieties formed by persons specifit"d in the respective su b-ela use :

Provided further that where the excess land that i~ available for assignment is either kayal or kole nilam, such land shall be assigned only to co-operative societies formed by lanrlless agricultural labourers.

Explanatzon.-For the purposes of this sub-!>ection, a kudikidappu- karan or a tenant of a kudiyiruppu shall be: deemed to be a landless agricultural labourer if he does not possess any other land.

(2) The Land Board shall not assign to any person more than 5 acres of dcu~le crop nilam or its equivalent

(3) Where a person possesses any land, only 10 much land aa Wlll rn.lke_ the extent of land in his poases~ion five acre! of double crop mlam or its equivalent shall be assigned.

34/4095

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72. Payment of purchase price.-(I) The purchase pnce of the land assigned on registry under section 71 shall be the aggregate of-

(i) the full value of any structures, wells and embankments of a permanent nature situdte in the land; and (1i) fifty-five per cent of the market value of the land and the improvements other than those specified in clause (i) and shall be payable in 16 equal annual in~talrnents, the first instal- ment being payable before the assignment.

(2) Where the purchase price is payable in instalments, the amount ou~tanding after payment of each instalment shall bear interest at the rate of 4! per cent per annum.

(3) All amounts due from an assignee shall be a first charge on the land ass1gned and shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the tlffie being in force.

73. Management of surrendered lands till assignment-The Land Board shall, subject to such rules as may be made by the Government in this behalf, manage the lands surrendered to them until they are assigned under section 71, by making arrangements for their cultivation and protection.

CHAPTER IV

MISCELLANEOUS PROVISIONS

74. Constrtution of Land Board.-{1) The Government shall constitute a Land Board for the whole State for performing the functions of the Land Board under this Act. The Board shall consist of three members, namely:-

(i) the Head of the Land Revenue Department, who shall be the Chairman of the Board;

(ii) a judicial officer not below the rank of a District Judge nominated by the Government in consultation with the High Court;

(iii) a member nominated by the Government.

(2) (a) The functions of the Land Board may be exercised by a Bwch consisting of all the members of the Board or by a Bench consist- ing of two members constituted by the Chairman or in the event of the

• office of a member other than the Chairman being vacant, by a Bench consisting of the Chairman and the other member.

(b) Where any matter is heard by a Bench consisting of all the three members of the Board and the members differ in opinion on any point shall be decidt'd in accordance with the opinion of the majority.

(c) Where any matter is heard by a Bench consisting of two memben and the members are divided in their opinion on any point they shall state the point upon which they differ and the matter shall then be heard upon that point only by the third member and such point shall be decided according to the opinion of the third member .

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75. Powers of the Land Board and the !.and Tribullal.-

(l) The Land Board and the Land Tribunal constituted under this Act shall have all the powers of a civ1l court while trying a ~uit und!'r 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) requiring the discovery and production of any document; {c) receiving evidence on affidavit;

(d) issuing commissions for the examination of witnesses or for local investigatiOn ; and

(e) any other matter which may be prescribed.

(2) The Land Board ~hall have superintendence over all the Land Tribunals ~nd the Land Board may-

(a) call for returns from the Land Tnbunals ;

(b) make and issue general rules and prescribe forms for regu- laung the practice and proceedmgs of the Land Trihunals ;

(d) on the application of any of the pat ties and after notire to the parties and after hearing such of them as dcs1re to be heard or of its own motion, without such notice, transfer any application or other proceeding pending before any

• Land Tribunal to any other Land Tribunal or retransfer the same for trial or disposal to the Land Tribunal from which it was originally transferred.

76. Reviszon by High Court.-(l) Any person aggrieved by-

(i) any final order pas~ed in an appeal against the order of the Land Tribunal ; ·or

(ii) any final order passed by the Land Board under th1s Act, may, within such time as may be prcscnbed, prefer a petition to the High Court against the order on the ground that the Appellate Autho- rity or the Land Board, as the case may be, has either dec1dcd erron- eously, or failed to decide any question of law.

(2) The High Court may, after giving an opportunity to the parties to be heard, pass such orders as it deems fit reg 1rding the ques- tion of law and the orders of the Appellate Authority or the Land Board, as the case may be, shall, wherever necessary, be modified accordingly.

11. , Application of the provzsions of section 5 of the lndum Limitation Act.- Unless otherwise spec1fically prov1ded in this Act, the provisions of Lee• tion 5 of the Indian Limitation Act, 1908 shall apply to all proceedings under thi1 Act.

1 78. Special provisions relating to leases for commerczal or iudustrial pur~oses.-Notwithstanding anying contained in this Act or m

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any other law or in any contract or decree of co11rt, where on any land leased for commercial or industrialt:urpose the lessee has constructed buildings for such commercial or industrial purpose before 18th December, 1957, he shall not be hable to be evicted from such land but shall be liable to pay rent under the contract of tenancy. Such rent shall be liable to be varied every twelve years on the motion of the lessor or the lessee, in such manner as may be prescnbed. Explanatzon.-lf between the 18th December 1957 and the date of commencement of thiS Act any decree or order of court has been exe- cuted and any person dis~essed by delivery, such person shall, on application before the Land Tribunal, be entitled to restoration of possession :

Provided that he shall not be so entitled 1f the property has passed on to the possession of a bonafide transferee for value :

Provided further that such person shall be liable to pay compen- sation for any improvements effected subsequent to the delivery.

79. Appomtment of o.fficmf~r special purposes.-The Government may appoint any officer for bringing to the notice of the Land Tribunal or the Land Board, as the case may be, any fact or information material for the purpose of implementing the provisions of this Act or for moving the Land Tnbunal or the Land Board to take any action necessary for such purpose.

80. Const1tution of Agnculturzst &habzlztahorz Fwzd.-A Fund called the Agriculturist Rehabilitation Fund may be constituted by the Govern- ment to be administered by the Revenue Department, m such manner as may be prescribed. It shall consist of the surplus, if any, of the purchase price after the disbursement therefrom of the compensation, grants or loans by or from the State Government or the Central Gov- ernment and other moneys, if any, raised by the Government in accordance w1th the rules, framed by the Government m this behalf. The fund shall be utilised for rendering help by way of loan, grant or otherwise to personsi:affected by this Act who are eligible for the same in accordance with the rules framed by the Government.

81. Delegatzon of powers.-The Land Board may, b~ general or ipecial order in writing delegate to the Land Tr1bunal any of its powers under this Act subject to such conditions and reservations as it may deem fit.

82. Speetal pro~zszons for applzcatzon of the Act.-( I) If any difficulty anses in the application of the provisions of this Act to any area on account of local variations or difference in nomenclature between the tenures prevailing jn that area (by whatever name such tenures may be known) and the corresponding tenures prevaLling in the remaining part of the State, the Government may, subject to the proVISions of sub-section (2), by notification in the Gazette, direct that the said pro· visions shall apply to the aforesaid a1ea subject to such adaptations, exceptions and modifications as may be specified in this behalf in such \ notification •

14:1

· (2) A draft of the notification proposed to be issued under sub. section ( 1) as also a draft of the notification proposed to be usued under clause (42} of section 2, shall be laid before the Legialative Assembly for a period of ten days and the Legislative Assembly may approve the draft with or without modification or disapprove the draft during the period in which it is so laid. On approval of the draft by the LegiJlativc Assembly, the Government shall publish the notification as approved, in the Gazette. If the Legislative Assembly does not- {I} approve with or without modification; or

(ii) disapprove, the said draft during the period ·aforesaid it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.

83. Rent under certain contracts of tenancy not to be '!ffected,-Notwith standing anything contained in sub-section(2) of section 5 of the Cochin Verumpattomdars Act, VIII of 1118, the pattam payable by a Verum- pattamdar, to whom the_ provisions of the said sub-section applied, for the period subsequent to the first day of Chingom, 1124 till the date of commencement of this Act, shall only be the amount payable immedi- ately before the commencement of the said Verumpattomdars Act, whether or not, such contract was renewed after such commencement.

84. Apportionment of land value in cases of acquiritio11.-( I) Where thcr land comprised in a holding is acquired under the law for the time being in force providing for the compulsory acquisition of land for pub- lic purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, inter- mediaries, cultivating tenant and the Kudik1dappukaran in the manner specified in sub-sections (2) to ( 4).

(2) The compensation for any building or other improvements shall be awarded to the person entitled to such building or other improv- ments.

(3) The Kudikidappukaran shall be entitlt'd to ninety per cent of the value of the land occupied by his homestead or but.

(4) The balance remaining after making the payments refened to in sub-sections (2) and (3) shall be apportiOned among the lando\\ner the intermediaries and the cultivating tenant in proportiOn to the profits derivable by them from the land acquh ed immediately before such acquistion.

Explanation.-"Profits derivable from the land" shall be deemed tv be equal to (i) in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately undr.r him, (ii) in the case of an intermediHy the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord, and(id)in the casse of a cultivating tenant the difference between the net income and the rent payable by him; and the rent payable by the <:ultivating tenant and the intermediary for the purpnse of this explanation shall be as calculated under the provisions of &ection

16.

•

142

(5) Where the land acquired is comprised in the holding of a Kud1yan, as defined in the Travanco1e Jenmi and Kudiyan Act of 1071, or of a Kanom Tenant as defined in the Kanom Tenancy Act, 1955, the compensation amount to be apportioned under sub-sections

(2) to (4) shall be the share of the Kudiyan or the Kanom Tenant as ascertamed under ~ection 45 of the Travancore Jenmi and Kudiyan Act of 1071, or section 48 of the Kanom Tenancy Act, 1955, as the case may be.

85. Amendments to certain enactments.-(\) Sections 7 and 9 of the Devaswom Verumpattamdars (Settlement) Proclamation XXIII of 1118, shall be omitted.

(2) In the Explanation I to section 45 of the Travancore Jenmi and Kudiyan Act of l 071 , for the words ''Sixteen and two-thtrd times"

the words ''eight and one-third times" shall be sub~tituted,

(3) In the Explanation I to section 48 of the Kanom Tenancy Act, 1955, for the words "Sixteen and two-third times" the words "eight and one-tnud times" shall be substituted.

86. Appearance before the Land Tribunal or the Land Board.-(1) Any app~rance, apphcatmn or act in or to any Land Tr1bunal or Land Board reqUired or authorized by law to be made or done by a party in such Land Tnbunal or Land Board, may be made or done by the party in person or by h1s recognised agent or by a pleader appearing, applying or acting as the case may be on his behalf:

Provided that any such appearance shall, if the Land Tribunal or Land Boa1d so directs, be made by the party in person.

(2) The rec.ognised agents of parties by whom such appearance• Application and act may be made or done are persons holding powers of attorney authorising them to make and do such appe:\rance, appli- cation· and act on behalf of such parties.

87. Court fees -Notwithstanding anything contained in the Court Fees Act for the time being in force, every application or appeal made under this Act to the Land Tnbunal or the Land Board shall bear court-fee stamp of such value as may be prescribed.

88. Mem~ers of the Land Board and the Land T.lzbunal to be tkemed public servants.-The members of the Land Board and the Land Tribunal and any officer appointed under this Act shall be deemed to be public ser- vants within the meaning ofsect10n 21 ofthe Indian Penal Code.

89. Penalry.-(1) Whoever wilfully contravenes the provisions of sub- section (2) ol section 61 or section 63 or of any rules made under this Act, shall on convictiOn be liable for the fi1st offence to fine not exceed- ing one hundred rupees and for every subsequent offence to fine not exceedmg one thousand rupees.

(2) An offence for the contravention of the provisions of sub- section (2) of ~ction 61 or section 63 or of any rules made under this Act shall be cognisable.

90. Protection of action taken under Act.-No suit, prosecution or other legal proceeding shall lie against any officer for anything in good faith done or intended to be done under this Act or the rules made there- under .

14i

91. Bar of ]unsdzctzon ofCnurts-No order of the Land Tribunal or the Land Board under th•s Act shall be called in question in any court, except as provided m this Act.

92. Act to override other Laws, etc --The prov1Slons of this Act shall have effect notwithstanding anything in any other law or nny custom or usage or in any contract, express or implied, inconsistent with the pro· visions of this Act.

93. Power to remove dzfficulties.-If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not mconsi~tent with the provisions of this Act, which appears to them necessary for the purpose of removing the diffi~ulty.

94. Power to make rules-(1) The Government may make rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters:-

(a) the fees payable on applications or claims made before the Land Tribunal or the Land Board and the persons by whom and the period within which such fee shall be paid ;

(b) the registers to be kept and maintained by the Land Tribunal and the Land Board and the particulars to be entered therein;

(d) the filing of statements before the Land Ttibunal and the Land Board;

(e) the p10cedure to be followed by the Land Tribunal and the Land Board; . .

(f) the assignment of lands by the Land Board under section 71;

(g) the management of land before a~signment under section 73;

(h) any other matter which under this Act is to be or may be prescribed.

(3) The rules shall be published in the Gazette and upon such publication shall have effect as if enacted in this Act. The rules shnll be placed on the table of the Legislative Assembly for a period of fourteen days as soon as may be after they are published and shall be subject to such modifications, by way of repeal or amendment1 as the Assembly may make during the session in which they are so laio or the session immediately following.

95. Repeal.-(1) The enactments mentioned in Schedule III are hereby repealed. I

(2) (a) The procJamation XVI of 1122 (Cochin), dated the 14th February 1947, the Proclamation VI of 1124 (Cochin). dated 12th January 1949, the Kerala Stay of Eviction Proceedings Act, 1957. and the Madras Tenants and Ryots Protection Act, 1949, are hereby

•

144

repealed and all suits, appeals, reviSlons, reviews, and proceeding~ Ill execution of decrees stayed by the said enactments may be disposed of in accordance w1th the provisions of this Act.

(b) The costs in respect of the suits, appeals, revisions, reviews and execution proceedirgs stayed by the enactments specified in clause (a) shall be in the discretion of the court.

(3) Any decree passed before the commencement of this Act for the eviction of a tenant from hiS holdmg pursuant to which eviction has not been effected may, on the application of the tenant or the landlord, be reopened and the matter may be disposed of in accordance with the provisions of this Act.

(4) Any suit for restoration, filed under section 24 or sect10n 26 of the Malabar Tenancy Act, 1929, and pending disposal at the conunencement of this Act shall be disposed of in accordance Wlth the provisions of the said Act as if that Act had not been repealed.

(5) (a) Where the decree-holder, plaintiff, appellant or petitioner, as the case may be, is a person entitled to 1esumption under section 10 he shall have the right to apply to the court to allow resumption of the holding or any part thereof to which he is entitled.

(b) The application under clause (a) shall be made within one year from the commencement of this Act and shall contain a statement of facts in support of the claims of the applicant and also the names and addresses of all persons who have interest in the holding either as owner, lessee or Kudikidappukaran.

(c) The court shall dispose of the application as if it were an application for resumption before the Land Tribunal under section 10.

(6) Notwithstanding anything contamed in sectiOn 11 of the Code of Civil Procedure, 1908, the right conferred on the decree-holder, plaintiff, appellant or petitioner, as the case may be, under clause (a) of sub-section (5) shall not be deemed to take away or in any manner affect hii right to apply for resumption under section 10 •

SCHEDU:LE I -

{See Section 14) ~ - ~ ~ Normal Hent

Sl. No. Class of land Maximum Minimum (1 )· (2) (3} (4}

1 Lands converted into nilam by tenant's labour, 1[6· of the· S!oss paddy 1/12 of the gross P.2dd~ other than those falling under items 5 and 6 ~roduce produce

2 Single crop nilam converted into double crop .-....... nilam by tenant's labour, other than that^0)- mentioned in the second proviso to clause

(32) of section 2 and not falling under 1tems 5 and 6-

(i) For first crop 1/4 of the gross paddy 1/6 of the gross paddy produce produce

(ii) For second crop 1/6 of the gross paddy 1/12 of the gross paddy ~ro;duce P.roduce~

3 Kole land$. 1/!l of t!tec ~ pa.cfPy 1}8. of the gr~ ~y, + bnd-not being Ibn· nilam cultivated-^on- produce produce . ' padd (i) Kaipad system 1/8 of the- gross paddy 1}12 of the gross R~ I!~..Jice

•

• SCHEDULE I-(contd.) -----------------------------------------------------------------------

(1) (2)

(ii) Palliyal system

5 Nilams m Wynad Tai'L!k-

(i) co~:~.verted by tenant's labour

(ii) not falhng under item (i) above

6 Nilams in the Taluks of Devicolam, Peermade and Udumbanchola and Attappady Valley and other similar areas to be notified by the Government-

(i) converted by tenant's labour

(3)

I /8 of the gross paddy produce

1/20 of the gross paddy produce plus ~an amount equal to the annual basic tax and local cesses pay- able

"~" 1/12 of the gross paddy produce plus an amount equal to the annual basic tax and local cesses pay- able

1/16 of the gross paddy produce

* The maximum and minimum rates of normal rent in th1s case are the same.

(4,

1/12 of the gross paddy produce

1/20 of the gross paddy produce plus an amount equal to the annual basic tax and local cesses pay- able

1 f 12 of the gross paddy produce plus an amount equal to the annual basic tax and local cesses pay- able

1/20 of the gross paddy produce

.....

•

(ii) not falling und~ item (i) above

7 Nilams not falling under item I, item 2, item 3, item 4, item 5 or item 6

8 Garden-

(a) Cocoanut trees in respect of which the. landlord is bound to pay compensation under the Kerala compensation for Tenants Improvements Act, 1958 (b)

(c)

(d)

Cocoanut trees in respect of which the landlord ill; not bound to pay compensa- tion under the Kerala Compensation for Tenants Improvements Act, 1958 Arecanut trees in respect of which the landlord is bound to pay compensation under the K.erala Compensation for Tenants Improvements Act: 1958 Arecanut trees in respect of which the landlord is not bound to pay compensa- tion under the Kerala Compensation for Tenants Improvements Act, 1958 1/8 of the gross paddy

produce -

1/4 of the gross paddy

produce

1/12 of the gross cocoanut

produce

1/3 of the gros~> cocoanut

produce

1/12 of the gross arecanut

produce

1/4 of the gross arecanut

produce

1/12 of the grOIS paddy

produce

1/6 of the e,ross paddy

produce

1/16 of the gro.,s cocoanut

produce

1/4 of the gross cocoanut

produce

1/20 of the gross arecanut

produce

1/5 of the gross arecanut

produce

"""" If>. ~

• SCHEDULE 1-(contd.)

(1) ·(a)

(e) Pep'pet-vme·in·re$p~t ·of which the land- lord •is bOllnd to =pay Compensation unl:ler th'e ·Kerala• Go'tnpensatioh 'for Tenants Iin- provements•Act, -!958

(f) P~pperrvine-in·l'espet!t "of whit:h the Iand- lor"d is "ll'dt tbound to !pay ·eompensaiior1 und~r:the •Kerala • Compensation for · 'Fi!n- ants cJmprovements Act, •1958

9 Paramba 10 (i} Thal'issu land cultivated awith ;groundnut 1or other·.crQps notified by tlre Government

(ii) -Tha)'issu land not falling unaer item (i) ..above.

11 Lands under Punam or Kumri cultivation

12 Landa·the gross,produce of which cannot be as- ~ ·O!ftainea unaer'the provisions of this J\ct.

(3)

1/8 of the gross pepper _produce

1/4 of the gross pepper produce

1/8 of the gross produce 1/8 of the gross produce Rs. 15 per acre

Rs. 5 per acre .

Contract-rent

•

(4)

1/20 of the gross pepper 1produce

1/5 of the gross pepper ,produce

1/16 of the gross produce 1/16 of the gross produce Rs. 3 per acre

Rs. 3 per acre

Contract•rent

----~----- -- ·-- ·-- --- - ~

<»

SPIJEPP.L~ J~ t(SH &;lion 52) Scales ~J!. 9!1!-P!l~~adoa. Value of Interest. On the first Rs. 15,000 On the next R~. 10,000 On the next Rs· 10,000 On the next Rs. 10,000 .Qn ,the next Rs. 10,000 On the next Rs. 10,000 On the next R,s. 10,000 Qn Y!-e ~~t ~· IO,Q.Q.O On the next Rs. 10,000 On th~ ne~t ~: ~Q,OOO On the next Rs. I 0,000 On the next Rs. 10,090 On the next Rs. 10,000 On the next Rs. 10,000 On the next Rs. 10,000 and above

...

SCHEDULE III

(See Section 95)

I. The Cochin Verumpattomdars Act, VIII of 1118.

2. The Trava1')..CQre- CQC~ Preye~ti~}?- of Eviction of Kudikidappukars

Act, 1955. '

3. The ~~b¥ T~cy Ac!, 1929.

4. The'Madras Cultivating Tenants (Payment ofFarr R~nt) Act, 1956. ' '

RtJII.

100 per cent

95 per cen,t

90 pc,r,(:.~t

85 per GeQ.t

~0 per cent

per CeJ!t 70p~~t

65 per cent 60 per cent 5,5 per ,q:,nt 50 per cent -45 per cent ~per cct~t .~,5 pcf~

As in force in any part of the ~~te of

1 Kerala '· •