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THE KERALA RYOTWARI TENANTS AND
KUDIKIDAPPUKARS PROTECTION ACT, 1962
(Act 18 of 1962)
Co:-
P1eamble.
Sections.
I. S!vllt t1tle, extent, apphcat10n, commencement and duration.
2. Defimt10ns.
3. ExemptiOns.
4. Stay of evictiOn of tenants and J..ud1kidappuJ..ars.
5. D1>charge of a11 ears of 1 ent. G. Rent due afte1 15th Februa1 y, 1961.
7. Remission of rent.
8. Limitation.
9. Power to makl" Iules.
10. Repeal a!1d savmg. The Schedule.
ACT 18 OF 1962 *
THE KERALA RYOTWARI TENANTS AND
KUDIKIDAPPUKARS PROTECTION ACT, 1962
An Act to provide for the temporary protect1011 of tenants of ryotwan lands a11d kudikzdappukars m the taluks of Hosd~tlf( and Kasaragod in thr Cmmanore distnct.
Preamb/r.-WHEREAS it I> expedient to prov1de for the temporary p10tect10n of tenants of ryotwari lands and kudtdappukars in the taluks of Hosdrug and Kasaragod m the Cannanorc d1strict, pending the enact· ment of a comprehensive legislation relating to tenancy and agrar1an reforms for, the area comprising those taluks ;
BE it enacted in the Thirteenth Yea1 of the Republic of Ind1a as follows:-
1. Short tztlc, extent, appluatwn, comme11cemmt and dwatwn -(I) TillS Act may be called the Kerala Ryot\\an Tenants and Kud1kidappukais Protection Act, 1962.
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"'ReceiVed the assent of the President on the 21st day of April, 1962 and published Ill the Gazette Extraordma1y, dated the 25th Apnl, 1962,
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(2) lt extends to the taluk:s of Hosdrug and Kasaragod in the Canuanore distnct and applies to the 1 yotwari land~ m the satd taluks.
(3) It shall come into force on the 7th day of April, 1962. ( 4) It shall cease to have effect on the II th day of January, 1963.
(S) Upon the expiry of the tlus Act, the ptovi~tons of section 1 of the InterpretatiOn and General Clau~es J\ct, 1125 (Act VII of 1125), shall apply as if this Act had then been repealed by an Act of the Kcrala State Legislature.
2. Difzmtwns.-In tim Act, unless the context otherwise requires,-
(z) "tenant" means a 'tenant as defined Ill the Kerala Agranan RelatiOns Act, 1960, and includes-
(a) the holder of a vatdageni lease ,
(b) a person holdmg under a transaction described in the docu• ment evidencmg 1t as Bhogya, Ott!, Nattotti, Arwar, llltdarwar or Krithasartha Ilhdar\\ar, but not being a usufructuary mortgage a!! defined in the Transfer of Pro petty Act, 1882 (Centt a! Act 4 of 1882) ;
(c) a culttvating tenant holding under a lease grautcd before the 15th day of February, 196!, by a usufructuary mortgagee as defined in the Transfer of Property Act, 1882 (Central Act 4 of 1882);
(d) a varomdar. E~planatzon I.-For the purposes of thts clause, ' vaidageni lease ' means a lease for a term of years ;
Explanattotz II.-F01 the purposes of thts clause, any person who, on the II th day of April, 1961 , was entitled to culttvate any land by vtrtue of the provtstons of sect10n 6 of the Kcrala Stay of Evtction Pro- ceedings Act, 1957, shall be deemed to be a varomdar, notwtth~tandtng the expu y of the term fixed under tl1e varom agr~ement ; ( l!) words and expz essions used but not defined in thzs Act, and defined in the Kerala Agrat ian Relations Act, 1960, shall have the meanings respectively assigned to them m that Act.
3. Exempttons.-Nothing m this Act shall apply to- ( z) leases of land or of buzldings oz of both belonging to or vested in the Government of Kerala 01 the Government of any othet State m India 01 the Government of Ind1a or a local authonty or any other authonty notified by the Government 111 tim behalf:
Provided that leases over land escheatcd to the Govet nment shall not be deemed to be leases of land belonging to or vested in the Go"ern- ment, 1f such leases subsisted at the ttme of the escheat and continued to be in force at the commencement of this Act , or (zz) leases of buildmgs mcludmg a house, shop or wazehouse, and the site thereof, with the land, zf any, appurtenant thereto.
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Explanation.-Permission given to a kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the pw·poses of this clause ; or
( m) leases of land or of buildings or of both specifically granted for industrial or commercial purposes :
Provided that where on any land leased for commercial or indus- trial purpose the lessee has constructed buildings for such commercial or mdustrial purpose before the 18th day of December, 1957, the provi- sions of section 4 shall apply to such lease ; or
(zv) tenancies of land or of buildings or of both granted by the Adrrunistrator-General or the Official Trustee or an Official Receiver or officer appomted by a court under the prov1sions of any law or by any person holding under or deriving title from any of the officers aforesaid; or
( v) tenancies m respect of land or of bmldings or of both c1 eated by persons holding only life mterest or other hmlted interest 111 the land or in the buildings or in both.
E>.planatzon.-For the purposes of this clause, a Sthanee or t1 ustee or owner of any temple, mosque, church or other place of pubhc reh- gious worshtp or of any other pubhc rehgious or charitable mstttution or endowment shall not be deemed to be a person having only hfe mterest or othet limtterl mtetest in ownersh1p . Provtded that the provisions of sect10n 4 shall apply to tenancies fallmg under thiS clause so long as the life mterest or other limited mterest subsists ; or
( vz) leases of private forests :
Provided that nothmg in clauses ( z) to ( vz) shall affect the rights of persons who were entitled to fixtty of tenure under the Malabar Tenancy Act, 1929 or sectwn 7 of the Hindu Succession Act, 1956 , or ( vn) lands transferred for fellmg trees ; or
(vui) any transaction relating only to the usufruct of trees.
4. Stay of evzctwn of tenants and kudzkzdappukars.-Notwithstanding anything to the contrary contamed m any other law for the time bemg m force, or 111 any custom, usage or contract, or in any decree or order of court, no suit or other proceedmgs for eviction of a tenant from his holdmg or of a kudiktdappukaran from hts kudtkidappu shall he m any court, and all sutts, proeeedmgs in execution of decrees or orders, and other proeeedmgs pendmg in the com ts at the commencement of this Act for such evictiOn shall be stayed.
5. Dzscharge of an ears of rent.-( I) All arrears of rent outstanding on the lith day of April, 1957, from a tenant belonging to any ofthe classes specified m column ( 1) below to hts landlord, whether the same be payable under a decree 01 order of court or unde1 any law or con- tract, shall be deemed to be fully dtscharged if payment of the amount spectfied agamst 1t in column (2) ts made on 01 before the 15th day of February, 1963.
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Class oj tenant
(I)
I. Tenant holding less than 5 acres of double c10p mlam 01 1t~ equtvalent m the aggre- gate.
II. Tenant holdmg 5 acres and more but less than 15 acres of double crop mlam or tts equi- valent m the aggregate. II I. Tenant holdmg 15 acres of double crop nilam or its equi- valent or more m the aggre- gate.
A11wunt pa;•able for tht ducharge of entzre arrears
(2)
One year's rent or the actual amount m arrears whiche,·et is less.
Two years' rent or the actual amount in arrears whichever is less.
Three years' rent or the actual amount m arrears whtchever is less :
Provided that where an mtermedtary has collected rent in excess of the amount payable under thts sub-section, for any period prior to the 11th day of Aptil, 1957, and has not paid the same to his landlord, he shall be hable to pay such excess also to his landlord :
Provtded further that no mtermedtary shall be liable to pay his landlord anything in excess of what he ts entitled to receive :
Provided also that in the case of such arrears of rent due to a small holder as defined m section 18 of the Kerala Agranan Relatwns Act, 1960,-
(t) from a tenant who has m hts possesston land in excess of 15 acres of double crop nilam or its equivalent, the provtsions of thts ~ub-sechon shall not apply ; and
(u) from any other tenant, such arrears shall be deemed to be fully dtscharged only tf the amount ~pectfied above for the dtscharge of arrears is paid on or before the 15th day of August, 1962.
(2) Any rent patd by a tenant after the 11th day of April, 195 7, ~hall be deemed to be payments towards the rent accrued due after that date and the balance, if any, shall be credited towards an ears accrued due before the satd date.
(3) All arrears of rent accrued due after the II th day of Apnl, 1957, and outstanding from a tenant to hts landlord on the 15th day of February, 1961, whether the same be payable under any decree or mder of court or under any law or conttact, shall be deemed to be fully dtscharged on payment, in the manner ~pecified in sub-section (4), of an amount equal to the rent calculated for the period to wluch the arrears relate, at the rate of 75 pet cent of the contract rent or, where fatr rent has been fixed in respect of the holdmg under any law m force tmmedtately before the commencement of thts Act, such fair rent, le~s the amount, if any, patd towards 1 en t for the said penocl :
Provided that in the case of a holding compnsing pepper gat den, the rent shall be calculated at the rate spectfied in clause (c) or clause (f), as the case may be, of ttem 5 (Garden) in the Schedule :
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Provided further that where. 111 respect of a holding, the fair rent fixed under any law in f:Jrce tmmcdtately before the commencement of th1~ Act 1s lug her than the rent which was payable undet· the contl act of tenancy, the contract rent shall be deemed to be the fa1r rent fixed under any such law
(4) The amount payable unde1 sub-section (3) shall be patd,-
(l) where an·eatsoftentformore than one year a1 e out~tandmg, (iz) wheteatrears ofrent fm more than one year, but not more than two years, are out~tand- mg,
(m) where arrears of rent for more than two years a1 e outstanding,
on or befme the 15th August, 1962'
m two equal instalments, the due dates being the 15th August, 1962 and the 15th February, 1963;
m three equal mstalmenb, the due dates bemg the 15th August 1962, the 15th Febtuaty 1963, and the 15th August
1963.
Provided that a tenant holding under a small holder shall pay the ent1re amount on or before the 15th day of August 1962.
(5) If a tenant to whom sub-section (3) applies fails to make any of the payments whtch he has to make under sub-section (4) on 01 before the date fixed therefor, he shall not be entitled to the benefi~s conferred by sub-section (3), and shall be liable to pay the enure arreats of rent fot the penod specified in that sub-section which he would have been liable to pay tfsub-sections (3) and (4) had not been enacted ; but credtt ~hall be given to any amount patd by him undct sub-section (4) towards such arrears of rent.
6. Rent due after 15th February 1961.-( I) Notwtthstandmg anv- thing to the conu·ary contamed in any other law for the time being 111 force, or in any custom, usage or contract, or m any decree or order of court, the rent whtch became 01 becomes due from a cultivating tenant after the 15th day of February 1961, shall be recoverable only at the rate specified in the Schedule for the appropriate class of land or in the contract of tenancy, or, where fair rent has been fixed m respect of the holclmg under any law for the ttme bemg in force, at the rate of such fatr rent, whtchever is less
(2) \Vhere there are intermedtalles, at the commencement ofthts Act, m respect of a holding, and the rent to whtch the intermediary 1S entitled unde1 the contract of tenancy or under any law for the time bemg m force, IS reduced by the operatiOn of tlus section, the rent payable by the mtermed1ary to h1s tmmedtate landlord shall stand propm ttonatcly teduced.
7. Rcmzsszon oj1mt.--(I) \Vhete there has been a damage to, or a failure of, ctops owmg to causes beyond the control of the tenant in any holdmg, the tenant shall be entttled to a remtSSJOll of the 1ent payable by lum 111 pt op01 t10n to the extent of such damage or farlut e
(2) The D1~tnct Collector shall, on an application to h1m by the tenant, dctermmc the extent of damage to, or fa1lure of, crops under l
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sub-section (I) and orde1 such 1 emiss1on of 1 ent a~ appears to him just and proper. The dec1~1011 of the Collector shall be final and the tenant shall be entitled to get the benefit of the remisswn so ordered.
(3) An appltcation for remis~wn of rent 011 any of the grounds specified in sub-section (I) filed by a tenant on 01 after the 15th day of February 1961, shall be deemed to have been filed under tim section a~ If th1s section were in force on the date on whtch it was filed, and accordmgly any order passed on any ~uch apphcation shall be deemed to have been validly made under th1s section.
8. Lzmztatzon.--ln computing the pet tod of hmrtation for the institution of smts or proceedmgs fm recovery of arrears of rent, the time dw ing which such ~utts 01 ptoceedings wete stayed under the Kerala Stay of Eviction Proceedings Act, 1957, and the ttme allowed under su b-sectton (I) or under su b-sect10n ( 4), as the case rna y be, of section 5, shall be excluded.
9. Powe~ to make rules.--( I) I'he Government may, by notification in the Gazette, make 1 ulc~ to carry out the purpose~ of tlus Act.
(2) All rules made under th1s Act shall be laid before the Legt~la- tive Assembly for a penod of not less than fourteen days, as ~oon a~ possible after they are made, and shall be subject to such modtficattons as the Legislative Assembly may make durmg the ~c>~1on in which they are so latd or the ~esston anmecltatcly followmg.
10. Repeal and saving.-( I) The Kerala Ryotwai"I Tenants Protec- tiOn Otdinance, 1962 (Ordinance No. 1 of 1962), is heteby repealed.
(2) Notwithstandmg such repeal, anything done or any action taken under the satd Ordmance shall be deemed to have been done or taken under tillS Act, as tf thi<> Act had commenced on the 11th day of January, 1962.
THE Scrn:m.:Lr.
l See Sect tOllS 5 ( 3) and 6 l
St. No. Clars of Land
(I) (2)
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Lands converted mto mlam by tenant's labour
2. Single ctop mlam convetted mto double Clop mlam by tenant's labour-
( t) F 01 fit st crop
( u) Fm second ct op
Rate of rcn!
(3)
1/9 of the g1oss paddy produce.
I /5 of the gt oss paddy produce.
1/12 ot" the gtoss paddy ------~p~~~~uc_e_. ______________ __
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_________ THE ScHI::DULI::-(ronl.)
(1) (2)
3. Lands cultivated on-
(i) Kaipad system (zz) Palhyal S) stem
4 Nilams uot fallmg under Item I, item 2, or 1tem 3
5. Garden-
(a) Cocoanut tJees 111 tespcct of which the landlord 1s bound to pay compensation under the Kerala Compensation for Te~ nants Improvements Act, 1958
(b) Cocoanut trees in respect of which the landlord is not bound to pay compensation under the Ke1ala Compensation f01 Te- nants Improvements Act, 1958
(c) Arecanut trees m respect of wh1ch the landlord is bound to pay compensation unde1 the Kerala Compensation f01 Tenants Improvements Act, 1958
(d) Arecanut trees 111 respect of wh1ch the landlord 1s not bound to pay compensatiOn unde1 the Kerala CompensatiOn for Te- nants Improvements Act, 1958
(c) Pepper-vme m respect of which the landlord 1s bound to pay compensation under the Kerala Com pen sa t10n f01 Tenants Improvements Act, 1958
(f) Pepper~vme m respect of which the landlord 1s not bound to pay compensatiOn under the Kerala Compensation for Tenants Improvements Act, 1958
6. Paramba
7. (z) Tharisu land cultivJted w1th gwundnut or other crops noti- fied by the Government
(iz) Tharisu land not fallmg undet 1tem ( z) above.
8. Lands under Punam or Kumn cultivatiOn
(3)
I I 12 of the gross paddy produce.
I 112 of the gwss paddy produce.
115 of the gross paddy produce.
1/12 of the gross cocoanut produce.
113 of the gross cocoanut ptoduce.
1 I 14 of the gross arecanu t produce.
1 ;4 of the gross areca nut pwduce.
I I I 0 of the grms pepper p10duce.
I 14 of the ~ross pepper p1oduce.
1112 of the gross produce. I 18 of the gros~ pwduce. Rs. 5 per acre.
Rs. 3 per acre.
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