Kerala act 008 of 1958 : The Kerala Land Conservancy Act, 1957 (No.8 of 1958)

THE KERALA LANp CONSERVANCY ACT, 1957

(Act 8 of 1958)

CONTEKTS

-Sections.

1. Suort title, extent and commencement.

2. Repeal. '

3. Property of Government defined.

4. (l)"Poramboke" defined. (~)''Uccupant". detmed,

5. Lmd which is the property of Government not to be occupied without permission.

fl 1<'11-rt.h, metal, llltPritE:>. lime-shell, etc., not to be r~moved from Lmd which is property of Government without permit.

7. Pumshment for una.utborisedly occupying a land which is the property of Government.

8. (1) Levy of assessment on lands whJCh are the property of n"v~!'mn-.::nt t!~P.uthcdsedly occupied.

(2) Levy of prohibitory assessment on poramboke unauthori- ~<>dly occupied.

9. Liability tor unauthorised occupation.

10. Penalty for destruction or appropriation of trees.

11. (l) Liabihty of unauthorised occupant to summary eviction· forfeiture of cropR, etc.

{~) Mode of eviction.

12. Prior notice to occupant, etc.

13. !:'uwer to mako:; I'Ules.

14. Recovery of fines, assessment, etc., as arrears of land revenue'

15. Officers to exercise powers of Collector.

16. Appeal aud revision.

17. Luni tation of appeal.

18. Petition of appea.l to be accompanied by the order appealed against.

19. S.:. ving of operation of other laws in force, 20, Saving of suits by persons aggrieved by proccedmgs under th1s Act.

Schedule

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ACT 8 OF 1958

THE KERALA LAND CONSERVANCY ACT, 1957

An Act to check the unauthorised occup(lfinn of r:01•ernmenf l,.niJs. P1eamble -WHERF.AS It i& necessary to t•nact n umform law for chcckmg the unauthorised occupatiOn of Govnmmcnt lands, BE It enacted m the Eighth Year of the lf.cpub!J<' of India as follows. l. Short tztle, fxtent and commencem1 nt.-( l) This Act may be called the Kerala Land Conservancy Act, I 0!17.

(2) It extends to the whole of the ~title of Kt•rala

(3) It shall come into force at once

2 Repeal.-The Travancore-Cochin Lam! Consct·vancy Act, 1951, nnd the Madras Land EnciOachmcnt Act, 190/i, as mlorce in the l\ialabar 1hst •·ict referred to in sub-section (2) of section 5 of the States Reor- gamsatJOn Act, 1956 (central Act 37 of 1~56), arc he~·cby rcpc:1!d.

3. Property of Government defined.-( I) All public roads, streets, lanes and paths, the bridges, dttcheH, dykeH ~tnd fences on 01:

beside the same, the bed of the sea and cf harbcur3 nnd cr~:cl~-; b~low high water mark, the beds and banks of rivet'!:!, ~:~trcams, migation ,wd drainage channels, canals, tanks, lakes, backwnt,ers und water courses, nnd all standing and flowmg water, anrl all landH wht•l esoever situated, snvc in so far as the same are the property of-·

(a) Jenmies or holders of Inams, or

(b) holders of lands in any way subjeot to the payment of land mvenue to the Government, or

(d) any person holding land under grant from the Government otherwise than by way of a hcence, or

(e) any person claiming through or holdmg ut1der any of the Jll!rsons referred to in clauses (a), (b), (c) or (d), me, nnd are hereby declared to be, the propert.y of Government, except nR may be otherwise provided by any law for 1 he timo bemg in force, subject to all nghts of way and other public t·•ghts and to the natw·al .rJHl casement rights of other land owners and to all oustomary rights l!•gally su~sisting. '

Explanatwn I - Lands oMe registered in the IIILme of a person but subc;;eqnently abandoned or rehnqmslll'd, and all lands held by right of escheat, purchase, resumptiOn, reverswn m· ncquisition under the Land AcqUisition Act for the t1mt1 lJC'mg m force, are tho p10perty of Government vnthm the meani11g of thiH section. Pnbhshed in the Geze!!e Extreordinery deled 15th January 1958

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Explanation IJ •• In this &t:c.tion, the expression mark' means the highest point reached by the ordmary at any season of the year.

'high water

sprmg tide

Explanation Il I.. Where, in regard to roads, lanes and canals, survey stones had been, m the ongmal demarcation under the Sun·ey Act m force, planted for the sake of convenience and safety mside compound walls and gates of compounds in bouse verandhas, door steps, p01 tlCoes, masonry drams and similar structures of a permctnent nature, such walls, gates, verandhas, etc., shall not be deemed to be the property of Go,·crnmcnt Withm the meanmg of th1s sect10n •

(2) All unassessed lands within the limits of private estates used or reserved for public purposes or for the communal use ofnllagers, and all pubhc roads and streets vestt:J in any local authority shall, for the purpose of this Act, be deemed to be the property of Govemment. 4 (l) "Poramboke" defined.- "Poramboke" shall mean and il~clude unassessed lands which .. u·e: the property of Government under section 3 ( l) or (2) used or re<>erved for public purposes or for the com- munal use of villagers such as-

( a) all pubhc roads, st.rects. lanes, pathways. the bridges, drtches dykes and fences on or bes1de the &arne,

(b) the beds and banks of 11reJs, rwgatwn and chctmage channels traffic canals, tanks, lakes back-waters and water courses.

(d) all other property wluch the Govecnment may, for the pur- pose of tlus Act. from time to time, declare to be poramboke

(2) "Occupant" defined.- "Occupant" sha II mean a person actually in possessiOn 01: occupatiOn of a land whiCh IS the property of Go\·ernment

J Land wh1clt zs the property of Government not to be occnpted u:zthoul penmsswn.-Fmm and after the commencement of th1s Act, :t shall not be lnv. ful for any person to occupy a land '~hiChC:

IS the propm ty of Government, whether a porambokc or not, Without permisswn from the Go,·ernment or such officer of the Go,-ernment as may be empowered m tins behalf

6. Earth, metal, latente, lime-shell etc., not to be remobed from landwhzch 1s p10perty of Government wtlhout permit.-

(1) It shall not be lawful for any person to destroy, remoYe or appropnate for hrmself earth, metal, latente, IIme.shell or such other

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n1l iclt·H of value as may be not1fied by the GoVPmmenl from any land which is the property of Goverment, whether n J1oramb11ke or not, except nnrlrl' and m accordance w1th the terms anrl conditions of a permit iAsucrl by the GO\·ernment or such officer of ~!10 Govc1nment as may b9 ompowered in that behalf and on payment of eompensation at the rate pn•Hcwibed under sub-section (2).

(2) The Government may, from time to time, by notification m tlw Onzctte, prescnbe the rate at which comprnsat10n Rhall be pa)'able fo1· rn rt.h, metal, latente, lime-shell or other I 0111fied nrt!Cles of value riPRtroycd. removed or appropriated from land which is the property, of ( lovornment.

(:J) Whoever unauthorisedly destroys, rmnoves or appropriates for hlmHPlf earth, metal, latente, hme-shell or othor nohfiPd articles of value f'1·om nny land '" l11ch IS the property of Gove1 JlmPnt, \I hether a porum- holm 01· not, shall be hable to pay such fine noL exceeding fifty rupees as may he 1mposed by the Collector and shall aiHn be lial•le to pay by way of dnmages an amount equivalent to the compcnsal ion whtch would lmv1' hcen payable if sub-sect10n (2) were appheablo lheiC to.

(4) The Goverment may remtt m wholo or m part the compcn-

•ml ion or damages payable under th1s section,-

(a) in fM·our of any agricultunst, if 1l1c earth, metal, latente, I imc-shcll or other notified articles of value d1•RI royed, 1 emoved or appro- priated is for bona fide agncultural purposes or

(b) in favour of a co-operative society,

7 Punishment for unauthortsedly ncr.upytn(J a land wh tch iB the properly of Gove1nment.-Whoever IH'«:llptes a land '\\h!Ch IB I he pl'Operty of Government, whether a pora mhoke Ol' not, contrary to tu·ct10n 5 shall be hable to pay such fine not ('Xcecdmg two hundred rup1•rs as may be Imposed by the Collector.

Explanation-A tenant unauthonsed ly lholding over after the nxpil-y of h1s term of lease IS hable to a line wtthin the meanmg of tlua section

8. (I) Levy of assessment on lands u·hich rtre the property of flove1nment unauthorisedly occupied.-Any person unauthorisedly occupymg a land wluch ~~ the p10pcrty of' Goverument other than It poramboke anrl hablr pay a fine undct f!t•ction 7 shall, m additiOn, be linhle to pay by wa, of assessment for tho whole pezwd of h1s occupa- t.um such amount as may be fixed by the Collector in accordance With

1 P rate that may be prescnbed by the Go\'('J'Ilment from t1me to t1mc

in l his behalf

(2) Levy of prohibitory as,essment on poramboke unauthorisedly occupied.-Any person unauthorisedly occupymg a poramboke and liable to pay a fine under section 7 shall, m addrtwn, be hable to pay such prohrbitory assessment for the whole periOd of occupation as may be Imposed by the Collector.

Payment of assessment under sub.sectwn (I) or prohibitory assess- ment under this sub. section shall not confer any right of occupancy, and the liability to pay such assessment shall cease from' the date on which the land concerned IS rehnqmshed.

9. Liabtlity for unavthorised occupation.-Any person un- authonsedly occupymg any land whiCh is the property of Government, whether a poramboke or not, ami hable to a fine under scctron 7 shall, in addition to the assessment or prohibitory assessment to whiCh he may be liable under sectwn 8. be hable foF the value, as ad]udg~d by the Collector, of any useful tree destroyed or appropnated by him IO. Penalty for destruction or approprwtion of frees.-Any person who destroys or appropriates any useful tree belongmg to t.he Government shall be liable for damages not exceeding three, times tbe value of the tree as adjudged by the Collector, and shall also be liable on conviCtiOn by a mag1stJ ate to be punished With impnsonment for a term extending to s1x months or "With fine not exceedmg five hundred rupees, or with both

II. (I) Liability of unauthorised occupant to summary eviction, jorfetlure of crops, etc -Any person unauthonsedly occupymg any land for which he IS hable to pay a fine under sectwn 7 and an assessment or proh1b1tory assessment under sectiOn 8 may be summarily evicted by the Collector, and any crop or other product raised on the land shall be hable to forfeiture, and any butldmg or structme erected or anythmg deposited thereon shall also, if not removed by him after such wntten notice as the Collector may deem reasonable, be liable to forfeiture. Forfeiture under this sectwn shall be adjudged by the Collector and any property so forfeited shall be disposed of as the Collector may direct.

(2) Mode of evictwns.-An evJCtion under this sectiOn shall be made in the followmg manner, namely -

By serving a notiCe on a person reputed to be in occupation or his agent reqmring him Withm such t1me as the Collector may deem reasona- ble after receipt of the said notiCe to vacate the land, and 1f such notice is not obeyed, by removmg or deputing a subordmate to remove any person who may refuse to vacate the same, and, if the officer removmg any such person shall be resisted or obstructed by any person, the

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CoUcctor shall hold a summary enqmry mto the fac1.H of the case, and, If BILl isficrl that the resistance or obstructiOn still con I inues, may issue a. wammt for the arrest of the said person, anrl on hill appearance may scncl him w1th a warrant in the form of the Rcheduln for imprisonment. jll tllc Cinl Ja1l of the district for such periorl not mu:cedmg 30 days afl mny be necessary to prevent the continuance of s11ch obstruction or rP~:~istance

Provided that no person so committc•cl or impt isoned ·under th1s scotion shall be liable to be prosecuted unrlcH' sectiOn 183, 186 and 188 of tho Jndmn Penal Code m respect of the same facts.

I 2 Prwr notice to occupant, etc.-Tho Collm:tor shall, before pasHing an order under this Act, give notico to the occupant or other purHon hkely to be affected by the order, uud rcc·ord any statement whi<'h such occupant or person may mako nnd any evidence which he mny adduce w1thm a reasonable time; and all orders passed by the Collector under this Act shall be m wnting und under his hand. The Collector may reqmre any subordina.te officer not below the mnk of a Deputy Tahsildar to hold the enquiry WI prescribed in para- graph 1 of this sectwn and s~bmit the rf'c'OJ d to him. On such record tho Collector may pass orders.

For the purpose of section 199 of tho Inrl ian Penal Code the proeeedmg~> taken by the Collector unde1 tllis sect ion shall be dcemc!l to he judiCial proceedmgs.

13. Power to make rules.-(!} The Government may make rules or orders, either generall7 or many partwulnr mstnnce,-

(a) regulatmg the rates of assessmont undl'l' section 8 (1),

(b) regulatmg the imposition of prohibitory assessment unrler section 8 (2),

(d) H'gulatmg the se1 VIce of notH'«'Il under this Act;

(e) regulatmg the manner m whid1 the powers of the Collector under this Act may be exercised, a1ul

(f) generally to carry out the provii!Jons ol tins Act. Such generalxules or orders shall J,o made only after previous publicatiOn 1p the Gazette.

(2) All rules and orders framed under snb-section (I) shall be placed on the table of the Assembly for n period of fourteen days when

it is in session and shall be subject to such modification by way of amendment or repeal made by the Assembly during the per·iod when they are so laid.

14. Recovery of fine~, asse~sment etc., as arrears of land revenue.- Ail fines, assessments and prohibitory assessments, value of trees destroyed or appropriated, compensation or damages paya.ble under section 6 and all costs of eviCtiOn and rem::>val of encroachments shall be recovered ;s arrears of land revenue under the provisions of the Revenue Recovery Act for the time bemg m force

15. Officers to exPrcise powers of Colleclor.-The Government may, by notification m the Gazette, authorise any officer by name or by VIrtue of his office to exercise all or any of the powers conferred on a Collector under thi'> Act

16. Appeal and rem~ion •• -(1) The Government may, by notdic:l- tion m the Gazette, direct that an appeal from the decision or order of any officer empowered under sectwn 15 shall he to the Collector.

(2) No order shall be p:lssed m appeal without prevwus notice to the party to be affected by such order.

- (3) There shall be no appeal agamst the decisiOn or order passed in appeal by the Collector.

(4) It shall be lawful for the Board of Revenue to revise any dee1sion or order pas'>ed by any officer '>ubordmate to the Board of Re- venue under th1s Act

Provided that no order settmg aside or mod1fymg any such decision or order shall be passed Without, g1vmg previous nottec to the party to be affected thereby.

(5) Pendmg disposal of any appeal or reviSion petitiOn under this Act, the appellate authonty or the revisional a.uthonty, as the case m~y be, may suspend the executiOn of the order appealed or petitiOned agamst

17. Ltmttation of appeal -No appea.l shall be brought after the exp1ra.t10n of 60 days from the date of the decision or order complamed of, provided that, m computmg the period of 60 days, the time re- qmred to obtam a copy of the decision or order appealed agamst shall be exduded, but the appeal may be admitted after the period hereby pre- scribed when the appellant satisfies the authonty to whom he appeals that he had sufficient cause for not preferring the appeal w1thm the per1od prescribed.

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I H. Petition of appeal to beaccompanied l1y the ortler appealed again&t.-Every petitwn of appeal under t.}us Ac·t shall be 1wcompanicd by the decision or order appealed agu inst or by an authen- t Irlltl'd copy of the same.

Ill. Savtng of operatwn of other laws in fnrce.-Nothing coni nincd in this Act shall be construed as exempt.mg any person un- n.utlllli'IScdly occupying land from liability to be pl'occeded ngainst under nny o1 her law for the time bemg m force.

Provided that, if any penalty has been levl!'cl undc1· section 7 or

. scot ion H of th1s Act, no simllat· penalty shall be J<.,·ird frc•m h1m under any o1 her law m respect of such occupation.

!.!0. Saving of suits by persons agqrieved by procrrdtngs under thi& Act -No smt agamst the Goverment lsludl bn entertained in nny Civil Court m respect of any order passed under this Act except upon the ground that the land in respect of whirh such 01 der has been JlllBfH:d It> not a land whiCh is the property of GovernmPnt whether a pommboke or not

P rov1ded that Civil courts shall not take cogmzanl'c of any such suit unless it shall be mst1tuted Within one year fwm tho date on which tho etLUse of action arose.

SCHEDULE

Form of warrant to be issued by the Collector under section 11.

SFAL.

'l'o The Officer in charge of the C1vil J ml at Whereas A B of has resisted or obstruc•l L'd C D. m 1 emoving E. 1". (or himself, that IS, the sa1d A B ) from ceJIIun lnJ1d in the village ol m the taluk, and wlw1 Pas 11. is necessary, m

o1 dPr to prevent the contmuance of such obstull'lion OJ' re<>J'ltance, to ('OIIIIIllt t.he Sll.ld A. B. to close cusway, you atP helcby lcqmrcd under tl111 provrnons of sectiOn 11 of the Kerala Land ConservHncy Act, 1957, to ICI'cive the sa1d A. B mto the Jail under you1· ch~tl'!(c and there to k<•t•p him m safe cu<;tody for days.

Dated th1s day of

(Signature of Collt•<:tor.)