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THE KERALA PREVENTION OF EVICTION ACT, 1966
(President's Act No. 12 of 19GG) Preamble.
Sections
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
CoNTENTS Short title, extent and commencement. Definitions.
Prevention of eviction.
Pehalty for eviction.
Cultivating tenants, etc., entitled to re,torntion of possession. Prevention of eviction of cultivating tenn11ta, rtc., who are not members of any Scheduled Caste or Scheduled Tribe . Cultivating tenants, etc., entitled to restoration of possession. Stay of suits or other proceedings for eviction. Jurisdiction.
Protection to persons acting in good faith under this Act. Saving of other Ia ws .
Power to make rules.
Amendment of the Kerala Land Reforms Act, 1963. Savings.
THE KERALA PREVENTION OF EVICTION ACT, 1966 • (No. 12 of 1966)
ENACTED BY THE PRESIDENT IN TIIR SEVENTEENTH YEAa OF THE REPUBLIC OF INDIA •
An Act to provide for the prevtniton of evictio11 of cultivating tenants, holders of K udiyiruppus and K udtkidappukars from their holdings, K udiyiruppus or Kudzkidappus, as the case may be, in the State of Ktraltl and for the restoration in certain cases of the possession thereof and for mathrs con- nected therewzth.
In exercise of the powers conferred by section 3 of the Kerala State Legislature (Delegation of Powers) Act, 1965 (12 of 1~65), the P1esidcnt is pleased to enact as follows:-
1. Short title, extent and commencement.-(l) This Act may be called the Kerala Prevention of Eviction Act, 1966.
(2) It extends to the whole of the State of Kcrala.
• Published m the Kerala Gazette: Extraordiuary No. 93, dnrrd lllh Novembc:r,
1966.
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(3) It shall come into force on the date of its first pu~,lication in the Kerala Gazette.
2. Defmitzons.-In this Act, unless the contextotherwise"requires,-
(a) the terms "cultivating tenant", " eviction", " holding", 'kudiyiruppu ", "kudtkidappu " and " kudikidappukaran " shall have the meanings respectively assigned to them m the Kerala Land Reforms Act, 1963 ( Kerala Act I of 1964) ;
(b) " Revenue Divisional Officer" means the Revenue Divi- sional Officer holding charge of a Revenue Division and includes a Deputy Collector specifically appointed by the Government in this behalf;
(c) " Scheduled Castes" means the Scheduled Castes in relation to the State as specified in the Constitution (Scheduled Castes) Order, 1950;
(d) " Scheduled T;tbes" means the Scheduled Tribes in relation to the State as specified in the Constitution (Scheduled Tribes) Order, 1950.
3. Preventzon of eviction.-Notwithstanding anything to the con- trary contained in any other law or in any contract, custom or usage or in any judgment, decree or order of court, no person shall evict or attempt to evict a cultivatmg tenant or holder of a kudiyiruppu or kudikidappukaran. from his holding, kudiyiruppu or kudikidappu if such tenant or holder IS a member of any Scheduled Caste or Scheduled Tribe:
Provided that nothing in this section shall apply to-
(i) lands or buildings or both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or a corporation owned or controlled by the Government of Kerala or the Government of any other State m India or the Government of India ;
(u) any lea~e of land or building or both granted by the Admi- nistrator-General, Official Trustee or Official Receiver.
4. Pmalty for evutzon.-Any person who contravenes the provisions of section 3 shall be punishable with rigorous impnsonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
5. Cultwatwg tenantJ, etc., entitled to restoratzon of possesszon.-(1) Any cultivating tenant or holder of a kudiyiruppu or kudikidappukaran, who is a member of any Scheduled Caste or Scheduled Tnbe and who has been, evicted from his holding, kudiyiruppu or kudikidappu, on or after the 1st April, 1964, shall be entitled to restoration of possession of his holding, kudiyiruppu or kudtkidappu, as the case may be.
(2) Any person who IS entitled to be restored to possession 'of his holding, kudiyiruppu or kudikidappu under sub-section (I), or any other person on his behalf, may make an application, either orally or in writing, within a period of one year from the commencement of thts Act, or as the case may be, from the date of evtction, whichever is
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later, to the Revenue Divisional Officer having jurisdiction over the area in which the holding, kudiyi1uppu or kudikidnppu, as the case may be, of the applicant or the p<'rson on whose behalf the application has been made is sltuate, for-
(a) the restoration of pos,e~sion in cas<'s where the eviction was made after the 1st April, 19n4, but before the 5th July, 1966; and
(b) the restoration of possl',sion and prosr-cution of the offender in cases where the eviction was on or after the 5th July, 1966.
(3) Tre Revenue Divis~onnl Officer shnll, ou receipt of an application under sub-section (2), ml\ke or came to uc made necc.'ssary inquiries in respect of !UCh application and if lw i~ sat isfif'd that the applicant or the person on whose hl'half the applic.1tion has !Jeen made is entitled to restoration of possession under su!J.qcc:t ion ( l), he shall by order direct the person in possesqion of the holdin~, kudiyiruppu or kudikidappu, as the case may !Je, to deliv<'r posst'qqion of the the same to the applicant or to the person on whose behalf' the application has been made within a period of thirty days from the liate of service of the order:
Provided that if the application is ma1le uuder clause (b) of sub- section (2), the Revenue Divisional Officer shall nlso 11le a complaint before the First Class Magistrate having jurisdiction to try the offence under section 4 :
Provided further that no 01 dcr under this sub-section shall be made unless the person who is in possession of the property has heen given an opportunity of being heard in the matter.
(4) Every order made under sub-section (3) shall be served on the person for whom it is intended -
(a) by delivering or tendedng it to that person ; or
(b) if it cannot be so delivered or tendered by delivermg or tendering 1t to any agent of such pt'rson or any ndnlt male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or c:u1 ied on businc,s or personally worked for gain ; or failing service by these means ; 01
(c) by registered post.
(5) Any person aggrieved hy an order of the Revenue Divisional Officer under sub-section (3) may, within a period oft hirty days from the date of service of the order, prcfi:r an appeal to the Collector of the d•strict and the decision of the Collector on such appeal shall be final.
(6) Where an order made under sub-~ect inn (3) has not been complied with, and-
(a) no appeal has been p1 efcrred within the time allow~ for such appeal ; or
(b) an appeal having been preferred, haN been dismissed, the Revenue Divisional Officer shall cause the holding or kudiyiruppu or kudikidappu, as the case may he, to be delivered to the cultivating
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tenant or holder of the kudiyiruppu or kudikidappukaran, as the case may be, by putting him in possession of the holding or kudiyiruppu or kud1kidappu, as the case may be, and if need be, by removing any per• son who refuses to vacate the same.
6. Prevention of eviction of cultivating tenants, etc., who are not members of any Scheduled Caste or Scheduled Tribe.-( 1) Notwithstanding anything to the contrary contained in any contract, custom or usage, no person shall evict or attempt to evict a cultivating tenant or a holder of a kudiyiruppu or a kudikidappukaran, who is not a member of any Scheduled Caste or Scheduled Tribe, frQm his holding, kmliyiruppu or kudikidappu except in accordance with the law in force for the time being.
(2) Any person who evict5 or attempts to evict a cultivating tenant, or a holder of a kudiyiruppu or a kudikidappukaran from his holding, kudiyiruppu or kudtkidappu in contravention of the provisions of this section shall be punishable w1th imprisonment which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
7. Cultivating tenants, etc., entitled to restoration of possession.-( l) A cultivating tenant, or a holder of a kudiyiruppu or a kudikidappukaran who has been evicted from his holdmg, kudiyiruppu or kudt.kidappu, on or after the 1st Aprtl, 1964, in contravention of sub-section (I) of section 6 shall be entitled to restoration of possession of his holding, kudiyiruppu or kudikidappu, as the case may be.
(2) Any person who is entitled to be restored to possession of his holding, kudiyiruppu or kudikidappu, as the case may be, under sub- section ( 1), or any other person on his behalf, may make an application either orally or in writing, within a period of one year from the com- mencement of th1s Act or, as the case may be, from the date of eviction, whichever is later, to the Revenue Divisional Officer having jurisdiction over the area in which the holdmg, kudiyiruppu or kud1kidappu, as the case may be, of the person entitled to be restored to possession under sub-section ( 1) is situate, for the restoration of possession and prosecution of the offender, and thereupon the provisions of sub-sections (3} to (6) of section 5 shall apply as if the application were an application made under clause (b) of sub-section (2) of that section.
8. Stay of suits or other proceedings for evzctzon.-Where in any suit or other proceeding for the eviction of a cultivating tenaPt, a holder of a kudiyiruppu or a kudikidappukaran, from his holdmg, kudiyiruppu or kudikidappu, as the case may be, whether pendrng at the commen- cement of this Act or inst1tuted after such commencement, the culti- vating tenant or the holder of a kudiyiruppu or the kudiktdappukaran, makes a representation to the court in wh1ch such suit or other procee- ding is pending or instituted that no record of rights in respect of the holding or register of kudikidappukars in respect of the village in whicltthe kudikidappu is situate, as the case may be, has been prepa· red, the court shall not proceed with the smt or preceeding until the record of rights in respect of the holding or the register of kudikida- ppukars, as the ca~e may be, is prepared and made available to it and the court shall also by order direct the Revenue DlVi~ional Officer having
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jurisdiction over th~ area in which the holding or the kudikidappu is situate to prepare a record of rights in respect of the holding, or, as the case may be, a register of kudikidappukars and to rile the hame in court, and the Revenue Divisional Oflicer shall cause the 11ame to be pre· pared in the manner prescnbed under the Kerala Lnnd Reforms Act, 1963 (Kerala Act I of 1964).
9. Junsdzction.- -No court infc1 ior to that of n Magistrate of the First Class shall try an offence punish.1blc under this Act.
10. Protfction to persons acting m J!ood faith Ulldtr this Act .-No suit, prosecution Oi other legal proceeding- shall lie: aguimt any person for anythmg whrch JS in good faith done or inteudcd to he done under this Act.
11. Savzng of other laws.-The provision~ of this Act shall be in addition to, and not in derogation of, any other law fur the time being in force regulating any of the matters d<'alt with m this Act.
12. Power to make rules.-( I) Thr. Govetnment may, hy notification in the Gazette, make rules for the purpose of ca1 rying into effect th~ provisions of this Act.
(2) Every rule made under this Act shall be lnid, as soon as may be after it is made, before the Leg1~lativc Assembly while it is in session for a total period of fourteen days which may h1: comp1 ised in one session or in two successive sessswn~ and if he lin c the expiry of the session in which it is so laid or the st'ssion immediately following, the Legislative Assembly agrees that the rule shall IJ<' either modified or annulled, the rule shall thereafter have efTC'ct only in mch modified form or be of no effect, as the case nMy he; so, however, that any such modification or annulment shall be without prejuclrcc to the validity of anything previously done under that rule.
13. Amendment of the Kerala Land Rrjorms Act, 1%3.-ln the Kerala Land Reforms Act, 1963 (Kerala Act I of 19fi4),- ( 1) in sub-section ( l) of section 29, for the words " at any time within one year from the commencemcnt of this Act", the words •· at any time within four years from the commencement of this Act or such further penod as the Go\oernment may, f10m tune to time, by nutifica· tion in the official Gazette, specify m this behalf" ~hall ue substituted;
(2) section 51 shall be renumbered as sub-section ( 1) thereof, and-
(i) in sub·section (1), as so teuumbered,-
(a) for the words " mtete5t therein in fnvo11r of the land- lord:'', the words" interest therein :
Provided that no such sun r.lldcr shall he made in favour of any person other than the ( ;ovcrnmcnt: " ~hall be substi- tuted;
(b) in the first proviso,- 3/32-S
(i) for the worcs "Provided that··. the WOI da " Provided further that " shall h1~ substituted;
(ii) the words "and is n1.1de in ~;nod faith" shall be omitted;
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(c) the second proviso shall be omitted ; ( ii) after sub-section ( 1), as so re-numbered, the following sub-sections shall be inserted, namely:-
c: (2) The Government shall pay to the landlord fair rent of the tenancy surrendered to it under sub-section ( 1).
(3) The Government may let any land surrendered to it under sub-section (l) to any person, as far as may be, in accordance with such rules as may be made under this Act.
(4) The tenant to whom any land is let under sub-sec· tion (3) shall pay the fair rent thereof directly to the landlord and the Government's liability under sub- section (2) with regard to the payment of the rent of that land shall, on and from the date of induction of the tenant on such land, cease.";
(iii) after section 51, the following sections shall be inserted, namely:-
. "51 A. Abandonment by a tenant.-( I) No landlord shall enter on any land which has been abandoned by a tenant.
(2) If a tenant abandons his tenancy and ceases to culti- vate his holding either by himself or by some other person, the landlord of such tenancy shall, within thi1ty days of such abandonment inform the Govern- ment in writing that the tenant has abandoned such tenancy and the Government may, on receipt of such intimation, take possession of the land appertaining to such tenancy. •
(3) The Government shall pay to the landlord fair rent for the land possessed by it under sub-section (2) from the date on which it takes possession of such land.
(4) The Government may let to another tenant any land, possess10n of which has been taken under sub-sec- tion (2), as far as may be, in accordance with such
• rules as may be made under this Act. • .i
(5) The tenant to whom any land is let under sub-sec- ! tion (4) shall pay the fair rent thereof directly to the landlord and the Government's liability under , sub-section (3) with regard to the payment of the ~
• fair rent for such land shall, on and from the date of induction of the tenant on the land, cease.
51 B. Landlord not to enter on surrendered or abandonrd land.- If any landl01 d enters into the possessron of any abandoned land or any land which has not been surrende1 ed in accordance with the provrsions of section 51, he shall be deemed to have contravened the provisions of section 6 of the Kcrala Prevention of EviCtion Act, 1966, and shllll be punished accordingly." .
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14. Savings.-(!) Notwithstanding the expiry of the Kerala Scheduled Castes and Scheduled Tribes Prevention of Eviction Ordi- nance, 1966 (Ordinance 2 of 1966), nuythiug done or any action taken in exercise of any powers conferred hy or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under the corresponding provision or this Act as if this Act had corne into force on the 5th dny of July, 19GG.
(2) The exp1ry of the Keraln Scheduled Castes and Scheduled Tribes Prevention of Eviction Or.diuauce, 1966, shnllnot-
(a) affect any 1 ight, pnvilt'g!', obligation or lialriltty acquired, accrued or mcurred under the ~alll Or clinance,
(b) affect any penalty or punishmentincmrcd in respect of any offence committed under the sa1d Onlin.mce,
(c) affect any investigation, It-gal p10ceedinK or remedy in res- pect of any such right, pnvilege, nhligation, liability, penalty or punishment, and any such investigntion, legal p10rccding or remedy may be instituted, continued or ('llforced, and any such penalty or punishment may be imposed as if this Act had commenced on the 5th day of July, 1966.
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