KERALA LAND REFORMS ACT, 1963 (ACT 1 OF 1964) CONTENTS Preamble CHAPTER 1 Preliminary Sections: 1. Short title, extent and commencement 2. Definitions CHAPTER II Provisions regarding tenancies Exemptions 3. Exemptions. Deemed Tenants 4. Certain odachrathudars and persons claiming under odacharthudars to be deemed tenants. 4A.Certain mortgages and lessees of mortgages to be deemed tenants. 5. Certain mortgages with possession to be deemed tenants 6. Certain mortgages who were holding land on verumpattam on or after 1st Chingom, 1111, to be deemed tenants. 6 A. Certain person who were holding land on or after 1st December, 1930, to be deemed tenants. 6B. Certain mortgages in areas to which Malabar Tenancy Act extended to be deemed tenants. 7. Certain persons occupying land honestly believing to be tenants, to be deemed tenants. 7A. Certain persons occupying land for not less than ten years to be deemed tenants. 7B. Certain persons occupying lands under leases granted by incompetent persons to be deemed tenants. 7C. Certain persons who have paid amounts for occupations of land shall be deemed to be tenants. 7D. Certain persons occupying private forests or unsurveyed lands to be deemed tenants. 8. Certain persons who were cultivating land on varam arrangement to be deemed tenants. Sections: 9. Certain persons who surrendered leasehold rights but continued in possession, to be deemed tenants. 9A.Certain surrender documents to be inadmissible in evidence. 10. Certain other persons to be deemed tenants. 11. Sambalapattamdar , sambalachittudar, etc., in certain areas to be presumed tenants. 12. Right to prove real nature of transaction. Fixity of tenure 13. Right of tenants to fixity of tenure. 13A. Restoration of possession of persons dispossessed on or after 1st April, 1964. 13B. Restoration of possession of certain holdings sold for arrears of rent. 13C. Cancellation of certain sales for arrears of rent. 13D. Cancellation of certain sales for damages. 14. Resumption for extension of places of public religious worship. 15. Resumption for construction of residential buildings. 16. Resumption for personal cultivation from tenant holding more than the ceiling area. 17. Resumption by small holder. 18. General conditions and restrictions applicable to resumption under sections 14, 15, 16 and 17. 19. Resumption of agricultural lands interspersed within plantation. 20. Tenants from whom land is resumed to be paid compensation for improvements and solatium. 21. Priority for resumption. 22. Procedure for resumption. 23. Tenant's right to sue for restoration of possession of land. 24. Limitation for application for restoration under section 23. 25. Persons entitled to restoration. 25A. Contract rent in the case of certain tenants 25B. Determination of proportionate rent. 26. Recovery of arrears of rent. 27. Fair rent. 28. Exclusion of certain lands from liability to fair rent. Sections: 29. Preparation of record of rights. 29A. Bar of proceedings under Chapter XII of the Code of Criminal Procedure in certain cases. 29B. Disputes regarding right to cultivate land. 30. Rent payable by an intermediary. 30A. Jenmikaram payable where rent payable to Kanam tenant is reduced. 31. Determination of fair rent by land Tribunal. 32. Bar of suits for eviction, etc., pending application for determination of fair rent. 33. Agreement as to fair rent. 34. Date from which order determining fair rent, etc., is to take effect. 35. Rent payable when Land Tribunal has not determined fair rent. 36. Mode of payment of rent. 37. Liability for assessment. 38. Remission of rent. 39. Abatement or reduction of rent. 40. Invalidity of claims of dues other than rent payable. 41. Arrears of rent to bear interest. 42. Priority of claim for arrears of rent. 43. Publication of prices of commodities. 44. Publication of statistics relating to gross produce of lands. 45. Tenants right to obtain receipt. 45A. Rent appropriated for period of stay to be adjusted towards rent for period after 1st May, 1966. 46. Application to Land Tribunal when landlord refuses to accept a tender. 47. Procedure on application under section 46. 48. Apportionment of rent on severance of interest of landlord or tenant. 49. Notice to landlord and intermediary when the interest in the holding of the tenant is acquired. 50. Rights of tenant to be heritable and alienable. 50A. Extent of tenant's right to use his holding. 51. Surrender by tenant. 51A. Abandonment by a tenant. 51B. Landlord not to enter on surrendered or abandoned land. 52. Rights as to timber trees. Purchase of Landlords rights by Cultivating Tenants Sections: 53. Cultivating tenants right to purchase landlord's rights. 54. Application for purchase of landlord's rights by cultivating tenants. 55. Purchase price. 56. Purchase price to be distributed among the landowner and intermediaries. 57. Procedure before the land tribunal. 58. Purchase price payable in installments on in lump. 59. Deposit of purchase price and issue of certificate of purchase. 60. Interest on defaulted installments. 61. Cultivating tenant to pay rent pending determination of purchase price. 62. Recovery of installments of purchase price on default. 63. Payment of purchase price, amount of encumbrance, maintenance or alimony. 64. Payment of purchase price to the landowner or intermediary to be full discharge. 65. Special provisions relating to religious, charitable or educational institutions of a public nature. 66. Procedure for vesting of rights of religious, charitable or educational institutions in the Government and for determination of annuity. 67. Payment of annuity. 68. Vesting of the rights of religious, charitable or educational institutions in the Government not to operate as bar to the purchase of landlord's rights by cultivating tenants. 69. Government entitled to purchase price in certain cases. 70. Institution entitled to rent for certain period. 71. Tenant holding under institution to continue as tenant under the Government. 72. Vesting of landlord's rights in Government. 72A. Compensation to landlords for vesting of their rights in Government. 72B. Cultivating tenants right to assignment. 72C. Assignment where application is not made by cultivating tenant. 72D. Purchase price. 72E. Rent of holdings vested in Government but not assigned to cultivating tenants. 72F. Land Tribunal to issue notices and determine the compensation and purchase price. 72G. Apportionment of compensation by the Local Tribunal. 72H. Part payment of compensation, discharge of encumbrance, etc., by Land Tribunal. 72 I. Determination and payment of balance compensation. 72J. Payment of compensation to landowner and intermediary to be full discharge. 72K. Issue of certificate of purchase. 72L. Purchase price payable in instalments or in lump. 72M. Deposit of purchase price. 72N. Special Provisions relating to institutions which have opted for annuity instead of purchase price. 72O. Rent paid by cultivating tenant to be adjusted towards purchase price and compensation in certain cases. 72P. Applications under section 54 and proceedings relating thereto to abate on the date notified under section 72. 72 Q. Vesting of landlord's right not to affect right to recover arrears of rent. 72R. Special Provisions regarding to jenmikaram under the Kanam Tenancy Act, 1955. 72S. Liability for assessment after the date of vesting under section 72. 73. Discharge of arrears of rent. 74. Prohibition of future tenancies. Rights and Liabilities of Kudikidappukars 75.Kudikidappukaran to have fixity. 76.Rent payable by Kudikidappukaran. 77. Procedure to enforce shifting of kudikidappu in certain cases. 78. Right of Kudikidappukaran to be heritable but not alienable except in certain cases. 79. Right of Kudikidappukaran to maintain, repair, etc., homestead or hut. 79A.Customary and other rights of Kudikidappukaran 80. Register of Kudikidappukars. 80A. Right of Kudikidappukaran to purchase his Kudokidappu. 80B. Procedure for purchase by Kudikidappukaran. 80 C. Deposit of purchase price and issue of certificate of purchase. 80D. Interest on defaulted installments of purchase price. 80E. Payment of purchase price amount of encumbrance, maintenance or alimony. 80F. Payment of Purchase price to landowner etc., to be full discharge. 80G. Contribution towards purchase price. CHAPTER III Restriction on ownership and possession of land in excess of ceiling area and disposal of excess lands 81. Exemption 82. Ceiling area. 83. No person to hold land in excess of the ceiling area. 84. Certain voluntary transfers to be null and void. 85. Surrender of excess lands. 86. Vesting of excess lands in Government. 87. Excess land obtained by gift, etc., to be surrendered. 88. Persons surrendering land entitled to compensation. 89. Payment of advance towards compensation. 90. Preparation of compensation roll. 91. Payment of compensation. 92. Payment of compensation and amount of encumbrance. 93. Payment of compensation to the full discharge. 94.[Omitted]. 95. Application for assignment of land. 96. Assignment of lands by Land Board. 97. Payment of purchase price. 98. Management of surrendered lands till assignment. 98A.Interpretations. CHAPTER IV Miscellaneous 99. Constitution of Land Tribunal. 99A. Constitution of appellate authority. 100. Constitution of Land Board. 101. Powers of the Land Board and the Land Tribunal. 102. Appeal to appellate authority. 103. Revision by High Court. 104. Proceedings by or against joint families, etc. 104A. Applications relating to holdings situate within the jurisdiction of more than one Land Tribunal. 105. Authorised officer empowered to obtain information from persons. 105A. Appointment of offices for certain purposes. 106. Special provisions relating to leases for commercial or industrial purposes. 106A. Special provisions relating to buildings used by kudikidappukars fopr commercial or industrial purposes. 107. Costs. 108. Application of the provisions of section 5 of the Indian Limitation Act. 109. Constitution of Agriculturist Rehabilitation Fund and Kudikidappukars Benefit Fund. 109A. Solatium to small holders. 110. Special provisions for application of the Act. 111. Rent under certain contracts of tenancy not to be affected. 111A. Mortgage money not to be returned in certain cases. 112. Apportionment of land value in cases of acquisition. 113. Prices published under section 43 to be deemed to be market rates. 114. Amendment of certain enactments. 115. Appearance before Land Tribunal or Appellate Authority or Land Board. 116. Court fees. 117. Members of Land Board, Appellate authority and Land Board and the Land Tribunal. 117A. Penalty for disturbance of customary, easement and other rights of kudikidappukars. 118. Penalty for failure to furnish return. 119. Penalty for furnishing false returns or information. 120. Penalty for making false declaration. 121. Penalty for contravention of any lawful order. 122. Penalty for cutting trees or for removing machinery, etc. 122 A. Offences by companies. 123. Cognizance of offences. 124. Protection of action taken under Act. 125. Bar of jurisdiction of civil courts. 126. Construction of references in acres and cents. 127. Act to override other laws, etc. 128. Power to remove difficulties. 128A. Delegation of powers by Land Board. 128B. Wrong or excess payments recoverable under Revenue Recovery Act. 129. Power to make rules. 130. Laying of rules and notifications before the Legislative Assembly. 131. Limitation. 132. Repeal and savings. SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV Extract from the Kerala Land Reforms (Amendment) Act, 1969 (35 of 1969) ** ** ** ** Section 108--Transitory Provisions ** ** ** ** Extract from the Kerala Land Reforms (Amendment) Act, 1971 (25 of 1971) ** ** ** ** Section 23--Transitory provisions Section 24--Special provisions regarding applications under Madras Act XXXIII OF 1951 AND XXII OF 1956. ACT 1 OF 1964 THE KERALA LAND REFORMS ACT 1963 An Act to enact a comprehensive legislation relating to land reforms in the State of Kerala. Preamble.--WHEREAS it is expedient to enact a comprehensive legislation relating to land reforms in the State of Kerala. BE it enacted in the Fourteenth Year of the Republic of India as follows :-- CHAPTER 1 PRELIMINARY 1.Short title, extent and commencement.— (1) This Act may be called the Kerala Land Reforms Act, 1963. (2) It extends to the whole of the State of Kerala. (3) The provisions of this Act, except this section which shall come into force at once, shall come into force on such date as the Government may, by notification in the Gazette, appoint. Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Definitions.— In this Act, unless the context otherwise requires,-- *[(1) "adult unmarried person" means an unmarried person who has attained eighteen years of age ;] (1A)" agricultural labourer " means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs; (2) "agricultural year" means the year commencing with the 1st April in any year and ending with the 31st March of the year next succeeding except in the case of kole nilams in which case it shall be the year commencing with the 15th June in any year and ending with the 14th June of the year next succeeding : ------------------------------------------------------------------------------------------- * Inserted by Act 35 of 1969. Provided that the District Collector may, with respect to any crop, area or category of land within his district, by notification in the Gazette, specify the year between such other date as he may deem fit as an agricultural year ; *[(2A) "appellate authority" means an appellate authority constituted under section 99A ;] (3) "Ceiling area" means the extent of land specified in section 82 as the 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 excluding the enclaves absorbed in the Malabar district under the Provinces and States (Absorption of Enclaves) Order, 1950 ; and (ii) the enclaves which formed part of the Malabar district absorbed in the State of Travancore-Cochin under the said Order. (5) "Commercial site" means any land *[not being kudiyirappu or kudikidappu or karaima] which is used principally for the purposes of any trade, commerce, industry, manufacture or business; (6) "Court" means, where a particular court is not specifically mentioned, the court having jurisdiction under the Code of Civil Procedure, 1908, to entertain a suit for the possession of the holding or part thereof to which any legal proceeding under this Act relates ; (7) "Cultivate" with its grammatical variations means cultivate either solely by one's own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such 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 cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it *[and in the case of a member of the Armed Forces or a Seaman, "Cultivation" includes cultivation on his behalf by any other person.] ------------------------------------------------------------------------------------------- * Inserted by Act 35 of 1969. * Substituted by Act 35 of 1969 * Inserted by Ibid. Explanation.--For the purposes of this clause, "members of family" shall mean,-- (i) I n the case of lands held by a joint family, members of such family ; and (ii) In any other case, wife or husband, as the case may be and the lineal descendants ; (8) "Cultivating tenant" means a tenant who is in actual possession of, and is entitled to cultivate, the land comprised in his holding ; (9) "Customary dues" means anything, otherthan rent michavaram or renewal fees,-- (i) payable in cash or in kind by a tenant to his landlord; or (ii) allowed to be taken by the landlord from the holding periodically or on the happening of any event or on the occasion of any festival, and includes onakazcha, utsavakoppu,perunnalkazhcha and aradiantharam ; (10) "double-crop nilam" means nilam on which more than one crop of paddy is ordinarily raised in an agricultural year (11) "dry land" means land which is not nilam, garden, palliyal land or plantation ; (12) "eviction" means the recovery of possession of land from a tenant or the recovery of a kudikidappu from the occupation of the kudikidappukaran ; (13) "fair rent" means the rent payable by a cultivating tenant under section 27 or section 33 ; (14) "family" means husband wife and their unmarried minor children or such of them as exist ; (15) "garden" means land used principally for growing coconut trees, are canut trees or pepper vines, or any two or more of the same ; (16) "gross produce", in the case of a nilam means the normal produce of that nilam less the cost of harvesting and, in the case of a garden or dry land, means the normal produce of that garden or dry land *[ * * *] *{(17) "holding" means a parcel or parcels of land held under a single transaction by a atenant 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. Explanation I.--Where by act of parties or by operation of law, the interest of the tenant in his holding has been severed before the Commencement of the Kerala Land Reforms (Amendment) Act, 1969, splitting up the holding into two or more parts, or where a portion of the holding has been sub-leased, before the commencement of this Act, each such part or, as the case may be, each of the portions retained by the tenant and sub-leased, shall be deemed to be a seseparate olding. Explanation II.--Any land in respect of which a person is deemed to be a tenant under section 4, section 4A, Section 5, Section 6 A, Section 6B, Section 7, Section 7 A, Section 7B, Section 7 C, Section 7 D, Section 8, Section 9, or Section 10 or presumed to be a tenant under section 11 shall be a holding for the purposes of this Act ; (18) the term " improvement" means any work or product of a work which adds to the value of the holding, and includes-- (a) the erection of dwelling houses, building appurtenant thereto and farm buildings ; (b) the construction of tanks, wells, channels, dams and other works for the storage or supply of water for agricultural or domestic purposes ; (c) the preparation of land for irrigation ; (d) the conversion of single crop into double-crop land ; (e) the drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or of waist-land which is culturable ; (f) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes ; (g) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto ; and (h) the planting or protection and maintenance of fruit, trees, timber trees and other useful trees and plants ; ------------------------------------------------------------------------------------------- * Omitted by Act 35 of 1969. * Substituted by Act 35 of 1969. (19) "intermediary" means any person who, not being a land owner, has an interest in the land and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to any other person. Explanation.--Where such a person has transferred possession only of a portion of the land which he is so entitled to possess, he shall be deemed to be an intermediary in respect of that portion ;] (20) "Joint family" means a Hindu undivided family a marumakkathayam tarward or tavazhi an Aliasanthana kutumba or kavaru or Namboodiri Illam. *[(21) "Kaipad system of cultivation" means the system of cultivation, by whatever name called, under which paddy is cultivated on land which is saline either throughout the year or during any part of the year, by raising small mounds of earth and sowing seeds or planting seeding thereon, whether the mounds are demolished after such sowing or planting or not ; (22) "Kanam" means-- (a) the transfer for consideration, in money or in kind or in both, by a person of an interest in specific immovable property to another person, and described in the document evidencing the transaction as kanam or kanapattom, the incidents of which transfer include— (i) a right in the transferee to hold the said property liable for the consideration paid by him or due to him ; (ii) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties ; and (iii) payment of michavaram or customary dues or renewal on the expiry of any specified period ; or (b) the transfer for consideration in money or in kind or in both by a person of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing the transaction as otti, karipanayam, panayam, pattapanayam, nerpanayam or by any other name, and which has the incidents specified in sub-clauses (a) (i) and (a) (ii) and also one or more of the following incidents :-- (A) renewal on the expiry of any specified period ; (B) payment of michavaram ; (C) payment of customary dues ; Provided that kanam or any other demise governed by the kanam Tenancy Act, 1955, shall not be deemed to be a kanam for the purposes of this clause. Explanation.--For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there has been a provision for such renewal in the document ;] *[(23) "kanam-kuzhikanam" means a transfer by a lanlord to another person of garden lands or of other lands the trees, with all or any of or of other lands or of both. * Substituted by Act 35 of 1969. (i) With all or any of the trees, if any, standing thereon at the time of the transfer; or (ii) without out such trees, for the purpose of planting trees or pepper vines or both thereon and for the enjoyment of the trees transferred , if any, the incidents of which transfer include--] (a) a right in the transferee to hold the said lands liable for the consideration paid by him or due to him, which consideration is called 'kanaratham ; and (b) the liability of the transferor to pay to the transferee interest on the kanartham’; unless otherwise agreed to by the parties ; *[* * * ] * (23A) "Karaima" means a transfer of lands situate in the Kozhikode district or in the Ponnani taluk of the Malapurram district, in consideration of ground rent, principally for the purpose of erecting a hosestead, and described as karaima in the document, if any, evidencing the transfer ; (23B)”Karinilam” means-- (a) lands generally known as karinilam and situate in the district of Kottayam, Alleppey or Ernakulam ; and (b) lands, by whatever name known, (i) reclaimed from swampy areas called "kari" with black and loose peaty soil, the sub-soil of which consists of partially decomposed organic matter ; and (ii) in which paddy is cultivated and situate in any part of the State ;] (24) "kole-nilam" means land in the bed of any kayal, or lake, or any water-logged land in areas adjoining or lying within the vicinity of any kayal , lake or river, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by mechanical or other means, and includes— * Omitted by Act 35 of 1969 * Inserted by Ibid (i) kole or punjakole nilam in the districts of Palaghat and Trichur ; and (ii) water-logged land in the taluks of Hosdrug and Kasargod commonly known as "Avi" land, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by baling ; * [(25) "Kudikidappukaran" means a person who has neither a homestead nor any land exceeding in extent three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township in possession either as owner or as tenant, on which he could erect a homestead and-- (a) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land tohave to use and occupation of a portion of such land for the purpose of erecting a homestead ; or (b) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land ; and "kudikidappu" means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto : Provided that a person who, on the 16th August, 1968, was in occupation of any land and the homestead thereon, or in occupation of a hut belonging to any other person, and who continued to be in such occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, shall be deemed to be in occupation of such land and homestead, or hut, as the case may be, with permission as required under this clause. Explanation I.--In calculating the total extent of the land of a kudikidappukaran for the purposes of this clause, three cents in a city or major municipality shall be deemed to be equivalent to five cents in any other municipality, and three cents in a city or major municipality or five cents in any other municipality shall be deemed to be equivalent to ten cents in a panchayat area or township. * Substituted by Act 35 of 1969. Explanation II.--For the purposes of this clause.-- (a) "hut" means any dwelling house constructed by a person other than the person permitted to occupy it-- (i) at a cost at the time of construction, not exceeding seven hundred and fifty rupees ; or (ii)which could have at the time of construction yielded a monthly rent not exceeding five rupees, and includes any such dwelling house constructed by the kudikidappukaran in accordance with the provisions of section 79 ; and (b) "homstead" means, unlesss the context otherwise requires any dwelling house erected by the person permitted to have the use and occupation of any land for the purpose of such erection, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with the provisions of section 79. Explanation III.--Where any kudikidappukaran secures any mortgage with possession of the land in which the kudikidappu is situate, his kudikidappy right shall revive on the redemption of the mortgage, provided that he has at the time of redemption no other homestead or any land exceeding three cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homstead. Explanation IV.--Where a mortgage with possession erects for his residence a homestead, or resides in a hut already in existence on the land, to which the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be deemed to be a kudikidappukaram in respect of such homestead or hut, provided that at the time of the redemption— (a) he has no other kudikidappu or residential building belonging to him, or any land exceeding three cents in any city or major municipality, or five cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead ; and (b) his annual income does not exceed two hundred rupees. ExplanationV.--Where a kudikidappukaran transfers his right in the kudikidappu to another person, such person shall be deemed to be a kudikidappukaran if-- (a) he has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead ; and (b) his annual income does not exceed two thousand rupees. Explanation VI.--For the purpose of this clause, a person occupying any hut belonging to the owner of a plantation and situate in the plantation shall not be deemed to be a kudikidappukaran if such person was permitted to occupy that hut in connection with his employment in the plantation, unless-- (a) he was, immediately before the commencement of this Act, entitled to the rights of a kudikidappuran or the holder of a protected ulkudi or kudikidappu under any law then in force ; or (b)he would have been entitled to the rights of a kudikidappukaran if the area in which that hut is situate had not been converted into a plantation subsequent to his occupation of that hut ;] 1[ExplanationVIII.--For the removal of doubts it is hereby declared that a person occupying a homestead or hut situate on a land held or owned by the Government of Kerala or the Government of any other State in India or the Government of India shall not be deemed to be a kudikidappukaran ;] (26) "Kudiyiruppu" means a holding or part of a holding consisting of the site of any residential building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include a kudikidappu (27) "Kuttanad area" means the area convered by the village specified in Schedule I *[(27A) Kuzhichuvaipum kudiyiruppum" means a trasnfer by a landlord to another person of garden lands or of other lands or of both situate in Malabar, reserving the right to enjoy the fruit-bearing trees standing thereon at the time of the transfer for the purpose of making improvements thereon, and described as such in the contract of tenancy ;] 1. Inserted by Act 25 of 1971 * Inserted by Act 35 of 1969 *[(28) "Kuzhikanam" means a transfer by a landlord to another person of garden land or of other lands or of both with all or any of the trees, if any, standing thereon at the time of the transfer, or without such trees, for the purpose of planting trees or pepper vines or both thereon, and for the enjoyment of the trees transferred, if any ;] (29) "landlord" means a person under whom a tenant holds, *[* * * ] and includes a landowner ; (30) "landowner" means the owner of the land comprised in a holding and includes a landholder holding Sree Pandaravaka lands on pattam, otti, jenmam, kudijenmam, danam or any other tenure ; and (ii) a landholder holding Sreepadam lands on Sreepadam pattam or other favourable tenure ; (31) "Land Board" means the Land Board constituted under section 100 ; (32) "Land Tribunal" means a Land Tribunal constituted under Section 99 ; (33) "license" 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, cultivates that nilam with paddy for a remuneration and with risk of cultivation, but does not include a person who cultivates the nilam of another merely as an agent or servant ; * Omitted by Ibid * Inserted by Act 35 of 1969. * Substituted by Act 35 of 1969. * Omitted by Ibid. *[(33A) " local authority" means a municipal corporation or a municipal council or a township committee or a panchayat or a cantonment board ; (33B) "major municipality" means any of the municipalities of Cannanore Tellicherry, Trichur, Palghat, Alleppey, Quilon and Kottayam and includes— (a) any of the municipalities of Ernakulam, Fort Cochin and Mattancherry as they existed immediately before the constitution of the Corporation of Cochin ; (b) the municipality of Calicut as it existed immediately before the constitution of the Corporation of Calicut ; (c) the Cannanore cantonment. Explanation.--Where any area has been included in a city or a municipality after the 1st day of April, 1960, such area shall not be deemed except for the purpose of section 76, to be an area within the limits of a city or municipality, as the case may be. * [but shall be deemed,-- (i) where such area was within the limits of a local authority immediately before such inclusion, to continue within the limits of that local authority; and (ii) where such area was not within the limits of a local authority immediately before such inclusion, to be within the limits of a panchayat ;] (34) "Malabar" means the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act 1956; (35) "Member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India ; *[(36) "Michavaram" means the money or produce or both specified as michavaram in the document evidencing the transfer by a person of an interest in specific immovable property to another person, and includes the balance of money or produce or both payable periodically under the document evidencing such transfer after deducting from the money or produce or both due to the transferor, the interest due on the amount advanced to the transferor, but does not include customary dues ; Inserted by Ibid. *Substituted by Act 25 of 1971. * Substituted by Act 35 of 1969. (36A)." minor" means a person who has not attained the age of eighteen years ;] (37) "net income" means income derived from any property after deducting there from the cultivation expenses or charges for maintaining fruit trees, timber trees or other useful trees and plants, and taxes and cesses due to the Government or any local authority ; (38) "nilam" means land adapted for the cultivation of paddy ; *[(38A) "normal produce" in respect of any land means the produce which could be raised on that land if the rainfall and the seasons were of a normal character : Provided that the normal produce in respect of any nilam irrigated with water for the first time after the commencement of the tenancy in respect of that nilam from an irrigation work constructed, repaired or maintained wholly at the cost of the Government or a local authority or a co-operative society or by the tenant shall be determined as if the nilam had not been so irrigated: Provided further that in determining the normal produce in the case of any double-crop nilam, account shall be taken as though only a single paddy crop which shall be the principal crop has been raised on the land if it had been converted from single-crop into double-crop nilam at the tenant's expense and as though two paddy crops have been raised on the land in other cases. Explanation.--In ascertaining the normal produce in areas where the Malabar Tenancy Act 1929 or the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, was applicable, the yield of the second crop shall be deemed to be the first crop ;] (39) "odacharthu" means an agreement for cutting bamboos in Malabar ; *[39A) "ottikuzhikanam" mean a transfer for consideration by a person to another of any land other than nilam for the enjoyment of that land and for the purpose of making improvements thereon, but shall not include a mortgage within the meaning of the transfer of property Act 1882 ;] ------------------------------------------------------------------------------------------- * Inserted by Act 35 of 1969. * Inserted by Ibid. (40) "owner" means a person entitled to the absolute proprietorship of land and includes-- (a) a trustee in respect thereof ; (b) a pattadar of ryotwari land; *[(c) a kanam tenant as defined in the Kanam Tenancy Act, 1955, but does not include a jenmi as defined in that Act;] (41) "Palliyal land" means land which is used ordinarily for raising seedings of paddy and includes land so used and known as pallimanayal, myal,potta, njal, njattadi or banabettu ; (42) "Pay" with its grammatical variations includes deliver ; (43) "person" shall include a company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property ; (44) "plantation" means any land used by a person principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter in this clause referred to as 'Plantation crop' and includes-- (a) land used by the said person for any purpose ancillary to the cultivation of plantation crops or for the preparation of the same for the market ; * [(b) * * * * ] (c) agricultural lands interspersed within the boundaries of the area cultivated by the said person with plantation crops, not exceeding such extent as may be determined by the Land Board as necessary for the protection and efficient management of such cultivation. Explanation.--Land used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for the purposes of sub-clause (a) ; *[(45) "Possession" in relation to land includes occupation of land by a person deemed to be a tenant under section 4, section 4 A, Section 5, Section 6, Section 6A, Section 6 B, Section 7, Section 7A, Section 7 B, Section 7 C, Section 7 D, Section 8, Section 9 or Section 10, or presumed to be a tenant under Section 11 ;] * Omitted by Act 35 of 1969. * Substituted by Ibid. (46) "Prescribed" means prescribed by rules made under this Act ; *(47) "Private forest" means a forest which is not owned by the Government, but does not include--] (i) areas which are waste and are not enclaves within wooded areas ; (ii) areas which are gardens or nilams ; (iii) areas which are planted with teas, coffee, cocoa, rubber, cardamom or cinnamon ; and (iv) other areas which are cultivated with pepper, arecanut, coconut, cashew or other fruit-bearing trees or are cultivated with any other agricultural crop ; (48) (I) "Punam or Kumri cultivation" menas fugitive or intermittent cultivation of paddy on dry land 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 riased crops last by such cultivtion during the said period ; (49) "rent" means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person so permitting and includes michavaram, but does not include customary dues ; (50) resumption" means the recovery of possession of land from a tenant ; (51) "Seaman" means every person (including a master pilot or apprentice) employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant shipping Act, 1958 (Central Act 44 of 1958); applies ; (52) "small holder" means a landlord who does not have interest in land exceeding eight standard acres or *[ten acres] in extent, whichever is less, as owner, intermediaty, or cultivating tenant, or in two or more of the above capacities, so however that the extent of non-resumable land in his possession as owner, or as cultivating tenant, does not exceed— (i) * [two and a half standard acres;] or (ii) four acres in extent, whichever is greater. Explanation.--For the purpose of this clause, a person who was in possession of, or had interest in, land exceeding the limits specified in this clause immediately before the 18th December, 1957, but such extent of land was reduced to the said limits or below by partition or transfer effected after the date mentioned above, shall not be deemed to be a small holder ; not shall such partition or transfer entitle the allottee or transferee to exercise the rights of a small holder in respect of the land allotted or transferred to him ; (53) "Sreepadam lands" means the lands registered in the revenue records as "sreepadam vaka" and known as sreepadam lands, but does not include sreepadam thanathu lands ; (54) "Sree Pandaravaka lands" means the lands owned by the Sree Padmanabhaswamy ; (55) "Standard acre" means, in relation to any class of land specified in Schedule II situate in the district or taluk mentioned therein, the extent of land specified against it in that Schedule ; (56) "State" means the State of Kerala ; *[(57)"tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed to possess and to enjoy any land by a person entitled to lease that land, and includes--] *[(a) the heir, assignee or legal representative of, or any person deriving rights through, any such person who has paid or has agreed to pay rent or other consideration,] (aa) an intermediary, (b) a kanamdar , (c) a kanam-kuzhikanamdar, (d) a kuzhikanamdar, *[(dd) an ottikuzhikanamdar,] (e) a mulgenidar, (f) a verumpattamdar of any description (including a customary verupattamdar), (g) the holder of a chalgeni lease, (h) the holder of a kudiyiruppu *[(hh) a person holding lands under a kuzhichuvaipum kudiyiruppum,] *[(hhh) the holder of a karaima,] (i) the holder of a vaidageni lease, and *[(j) a person who is deemed to be a tenant under section 4, section 4 A, Section 5, Section 5, Section 6A, Section 6B, Section 7, Section 7A, Section 7B, Section 7C, Section 7D, Section 8, Section 9 or Section 10, or presumed to be a tenant under section 11]. Explanation--For the purpose of this clause,-- (i)"holder of a chalgeni lease" means a lessee or sub-lessee of specific immovable property situate in the taluk of Hosdrug or Kasargod in the district of Cannanore, who has contracted either expressly or impliedly to hold the same under a lease, whether for a specified period or not ; (ii)"mullgeni" means a tenancy in perpetuity at a fixed invariable rent created in favour of a person called mulgenidar ; (iii) "vaidageni lease" means a lease for a term of years ; (58) "timber trees" means trees, the yield or income from which has not to be taken into account for the determination of fair rent ; (59) "to hold land" means to be in possession of land as owner or as tenant or partly as owner and partly as tenant ; (60) " varam" means an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertake cultivation under such arrangment, and includes the arrangements known as pathivaram, pankuvaram and pankupattom; and "varamdar" means the person who undertakes cultivation under a varam arrangment ; * Substituted by Act 35 of 1969 . *Inserted by Ibid. (61) "vechupakuthy" means a transaction whereunder a land owner permits another person to be in joint possession with him of any land with the following situation :-- (i) the vechupakuthidar shall improve the land 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 ; [and] * (b) upon such partition all the rights of either party over the portion of the land set apart for the other shall stand transferred to and vest in the other [* *]* *[(iii) * * * ] 62 (i) "verumpattamdar" means a lessee or sub-lessee of immovable property, whether called verumpattamdar, 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 the Ppalaghat district, but does not include a kanamdar, kanam-kuzhikanamdar, or kuzhikanamdar ; (ii) "customary verumpattamdar" means any verumpattamdar of immovable property situate in any area to which the Malabar Tenancy Act, 1929, extended, who before the commencement of the Malabar Tenancy (Amendment) Act, 1951, was entitled by the custom of the locality in which the land was situated to possession of the said land for a definite period of years, and for whose continuance thereon, after the termination of that period, for a further periodm a renewal fee had be paid to the landlord as an incident of the tenure ; *[(63) "wakf" means the permanent dedicationby a person professing Iislam of any movable or immovable property for any purpose recognised by the Muslim Lae or any other law in force as pious, religious opr charitable, and includes a wakf by user, but does not include a wakf such as is described in section 3 of the Musalman wakf validating Act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any member of his family or descedents.] * Inserted by Act 35 of 1969 * Omitted by Ibid CHAPTER II PROVISIONS REGARDING TENANCIES Exemptions 3. Planations.— (1) Nothing in this Chapter shall apply to-- (i)leases of lands or of buildings or of 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 the Cochin Port Trust] or a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India : *[Provided that in the case of a sub-lease of kandukrishi lands or a mortgage of such lands falling under section 4 A, granted or created by a tenat holding such lands under the Government, the provisions of section 13 to 26 shall, so long as the lease granted by the Government subsists, apply to the tenant or mortgage holding under the sub-lease or mortgage, as the case may be, as they apply to a tenant holding lands other than Government lands]; Explanation I.--"Lands belonging to or vested in the Government of Kerala" shall, for the purposes of this clause, have the same meaning as "Government Lands" under sub-section (1) of section 2 of the Kerala Government Lland Assignment Act, 1960, * [but leases subsisting at the commencement of this Act of lands escheated to the Government shall not be deemed to be leases of lands belonging to or vsted in the Government of Kerala if the lesseees or their predecessors-in-interest were in possession of the lands at the time of escheat as tenants under leases whether current or time expired.] ------------------------------------------------------------------------------------------- * Inserted by Act 35 of 1969. *Substituted by Ibid. * [Explanation 1A.--Lands, the right, title and interest in respect of which have vested in the Government under sub-section (9) of section 66 or section 72, shall not be deemed to be lands belonging to or vested in the Government of Kerala for the purposes of this clause. Explanation IB--For the purposes of this clause, lands held under leases whether current or time expired at the time when such lands came to belong to or vested in a local authority shall not be deemed to be, lands belonging to or vested in a local authority if the lessee or his successor-in-interest was continuing in possession of such lands at the commencement of this Act.] Explanation II.--For the purposes of this clause, "kandukrishi" lands means lands covered by the kandukrishi Proclamation, 1124, and includes kandukrishi pattam and kandukrishi thanathu lands, but shall not include lands assigned on registry under the Kandukrishi Land Assignment Rules, 1958 ; or (ii) leases only of buildings, including a house, shop or warehouse, and the site thereof, with the land, if any, appurtenant thereto. Explanation.--Permission given to a kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the purposes of this clause ; or (iii)leases of land or of buildings or of both specifically granted for industrial or commercial purposes ; or (iv)tenancies of land or of buildings or of both created by the Administrator-General of the Official Trustee or an Official Receiver or Officer appointed by a Court under the provisions of any law, or by the court of wards, or by any person holding under or deriving title from any of the officers or the court aforesaid : *Provided that the provisions of this clause shall not apply to—(a) a tenancy created in favour of a person who was a tenant under a lease whether current or time-expired on the date on which the land or building or both came under the control of any of the said officers or the court of wards; or (b) a tenancy renewed in favour of any such person; or (c) a tenancy created not less than thirty years before the commencement of the Kerala Land Reforms (Amendment) Act 1969(whether subsequently renewed or not), by an officer appointed by a court under the provisions of any law, if such officer was, before the commencement of the legal proceedings in which he was so appointed, entitled to lease the land to which the tenancy relates ; Provided further that the provisions of this clause shall not apply or shall cease to apply to— (a) a tenancy created by the court of wards, where the landlord on whose behalf the tenancy was created has not terminated or does not terminate the tenancy by registered notice within a period of six months from the date on which the property was released from the superintendence of the court of wards; or (b) any tenancy created by an officer appointed by a court under the provisions of any law, where the person declared or found by the court to be entitled to possess the land or any person acting on his behalf has not instituted or does not institute legal proceedings to put him in possession of such land within a period of five years from the date on which such declaration or finding became final ; or] (v) tenancies in respect of land or of buildings or of both created by mortgages in possession or by persons deriving title from such mortgages : * [Provided that nothing in this clause shall apply to such tenancies-- ------------------------------------------------------------------------------------------- * Inserted by Ibid. *Substituted by Act 35 of 1969. (i) created before the commencement of this Act in Malabar ; or (ii) created before the 3rd day of March, 1943, in any area to which the Cochin verumpattamdars Act, VIII of 1118, extended ; or (iii) created before the commencement of this Act, where the lessee is entitle to fixity of tenure under section 4A; OR (iv) where the mortgage of his successor-in-interest has acquired or acquires equity of redemption ; or] (vi)tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both: *[Provided that the provisions of this clause shall not apply to a tenancy created by a nissanthathi kavaru as defined in the Madras Aliasanthana Act, 1949 in respect of lands or of buildings or of both over which the nissanthathi kavaru has only a life interest : Provided further that the provisions of this Chapter other than section 53 to 72 S shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage or, as the case may be the life interest or other limited interest subsists.] Explanation.--For the purposes of clause (vi0 , a sthani opr 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 ; or (vii) Leases of Private forests : *[Provided that nothing in clause (i) to (vii) shall apply in the cases of persons who were entitled to fixity of tenure immediately before the 21st of January, 1961, under any law then in force or persons claiming under such persons ; or] ------------------------------------------------------------------------------------------- * Substituted by Act 35 of 1969. (viii) tenancies in respect of plantations exceeding thirty acres in extent : Provided that the provisions of this Chapter, other than section 53 to * [72S] shall apply to tenancies in respect of agricultural lands which are treated as plantations under sub-clause (c) of clause (44) of section 2 ; or *[(ix) * * * * * * ] (x) tenancies in respect of sites, tanks and premises of any temple, mosque or church *[including sites belonging to a temple, mosque or church on which religious ceremonies are conducted)] and sites of office buildings and other buildings attached to such temple, mosque or church, created by the owner, trustee or manager of such temple, mosque or church : Provided that nothing in this clause shall affect the right to which a tenant was entitled immediately before the commencement of this Act under the contract of tenancy or under any law then in force ; or (xi) lands transferred for felling trees ; or (xii) any transaction relating only to the usufruct of trees or to the tapping of cocoanut or other palm trees or to the rubber trees. *[(2) * * * *] * Substituted by Act 35 of 1969 * Omitted by Ibid * Omitted by Act 35 of 1969. Demand Tenants 4. Certain Odacharthudars and persons claiming under odacharthudars to be deemed tenants.— Notwithstanding anything to the contrary contained in any law or in any contract custom or usage or in any judgement, decree or order of court,-- (i) an odacharthudar ; or (ii) a person claiming under an odacharthudar, * shall if he or his predecessor-in-interest was actually cultivating on the 11th day of April, 1957, the land or any portion of the land to which the odacharthy relates and he was cultivating such land or portion at the commencement of this Act, be deemed to be a tenant in respect of such land or portion, as the case may be]. *[4A. Certain mortgages nd lessess of mortgages to be deemed tenants.— (1) notwithstanding anything to the contrary contained in any law or in any contract , custom or usage, or in any judgment, decree, or order of court, a mortgagee with possession of land, other than land principally plant with rubber, coffee, tea or cardamom, or the lessee of a mortgage of such land shall be deemed to be a tenant if-- (a) the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than fifty years immediately preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969 ; or (b) the mortgage or lessee has constructed a building for his own residence in the land comprised in the mortgage and he was occupying such building for such purpose for a continuous period of not less than twenty years immediately preceding such commencement : Provided that a mortgage or lessee falling under this clause shall not be deemed to be a tenant if he, or where he is a member of a family was holding any other land exceeding two acres in extent on the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette ; or * Substituted by Ibid. (c) the land comprised in the mortgage was waste land at the time of mortgage or land to which the Madras Reservation of Private Forests Act, 1949, would have applied if that Act had been in force at the time of mortgage, and-- (i)the mortgage or lessee was holding such land for a continuous period not than thirty years immediately preceding the commencement of the Kerala Land Reforms ( Amendment) Act, 1969; and (ii) the mortgage or lessee has effected substantial improvements on such land before such commencement. Explanation I.--For the purposes of this sub-section, in computing the period of continuous possession or occupation by a lessee, the period during which the mortgagee was in possession or occupation, as the case may be, shall also be taken into account. Explanations II.--In computing the period of fifty years referred to in clause (a) or the period of thirty years referred to in clause (c) the period during which the predecessor-in-interest or predecessors –in-interest of the mortgagee or lessee was or were holding the property shall also be taken into account. Explanation III.--For the purposes of clause (b),-- (i)"mortgagee" or “lessee" shall include a predecessor-in-interest of the mortgagee or lessee, as the case may be ; (ii) "building" includes a hut. Explanation IV.--In computing the period of twenty years referred to in clause (b), occupation of the building by any member of the family of the mortgagee or lessee for residential purpose shall be deemed to be occupation by the mortgagee or lessee , as the case may be, for such purpose. Explanation V--In calculating the extent of land held by a family for the purposes of clause (b), all the lands held individually by the members of the family or jointly by some or all of the members of such family shall be deemed to be held by the family. Explanation VI.--For the purposes of sub-clause (ii) of clause (c),-- (i)improvements made by the mortgagee shall be deemed to be improvements made by the lessee ; (ii) "mortgagee" or "lessee" shall include a predecessor-in-interest of the mortgagee or lessee, as the case may be. Explanation VII.--For the purposes of clause (c), (i)improvements shall be deemed to be substantial improvements if the value thereof on the date of commencement of the Kerala Land Reforms (Amendment) Act, 1969, is not less than twenty-five per cent of the market value of the land on that date ; (ii) a land shall be deemed to be a waste land notwithstanding the existence of scattered trees thereon. (2) Nothing contained in sub-section (1) shall apply to a lessee if the lease was granted on or after the commencement of this Act.] 5. Certain mortgages with possession to be deemed tenants.— (i)Notwithstanding anything to the contrary contained in ay law or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgage with possession of immovable property situate in Cochin shall be deemed to be a tenant, if-- (a) the property comprised in the mortgage consists of agricultural land other than land planted with rubber, coffee, tea or cashew ; and (b) the interest on the mortgage amount is less that forty per cent of the total rent fixed in the mortgage document. *[(2) * * * ] 6. Certain mortgages who were holding land on verumpattam on or after 1st Chingom, 1111, to be deemed tenants.— (1) Notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgage with possession of immovable property situate in Cochin shall be deemed to be tenant, if-- (a) the property comprised in the mortgage consists of agricultural land ; (b) he or his predecessor-in-interest was holding the property comprised in the mortgage as verumpattamdar on or after the first day of chingam 1111, and (c) the verumpattam was terminated after the first day of chingom, 1111 and before the commencement of this Act, but he or his predecessor-in-interest-continued in possession of the property without interruption as mortgage with possession from the date of such termination till the commencement of this Act.] *[(* * * ] [6A. Certain persons who were holding land on or after 1st December, 1930 to be deemed tenants.--Notwithstanding anything to the contrary contained in any law, or in any contract , custom or usage in any judgment, decree or order of court, a person in possession of immovable property in any area in the State to which the Malabar Tenancy Act, 1929, extended, Whether as mortgage or otherwise, shall be deemed to be a tenant if-- (a) the property in his possession consists of agricultural land; (b) he or any of his predecessors-in-interest was holding the property as a tenant on or after the 1st day of December, 1930; and (c) the tenancy was terminated after the 1st day of December 1930 and before the commencement of this Act, but his predecessors-in-interest or himself continued in possession of the property, without interruption, whether as a mortgage with possession or otherwise, from the date of such termination till the commencement of this Act. Explanation I.--For the purposes of clause (b), "tenant" means a tenant as defined in the Malabar Tenancy Act, 1929, as in force on the 1st day of November, 1956. Explanation II--An interruption for a period not exceeding an agricultural year immediately following the termination of the tenancy shall not be deemed to be interruption for the purposes of clause (c) 6B. Certain mortgages in areas to which Malabar Tenancy Act extended to be deemed tenants.--Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgage with possession of immovable property at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, in any area in the State to which the Malabar Tenancy Act, 1929, extended, shall be deemed to be a tenant if— * Omitted by Act 35 of 1969. * Substituted by Ibid. *Substituted by Act 35 of 1969. (a) he was holding such property in consideration of payment of customary dues, or any amount specified as michavaram in the document evidencing the transaction ; or (b) there is a provision in such document for renewal on the expiry of a specified period.] *[7. Certain persons occupying land honestly believing to be tenants, to be deemed tenants--Notwithstanding anything to the contrary contained in section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, of the land of another situate in Malabar shall be deemed to be a tenant if he or his predecessor-in-interest was continuously in occupation of such land honestly believing himself to be a tenant for not less than two years within a period of twelve years immediately preceding the 11th day of April 1967. Explanation.--Notwithstanding anything contained in the Indian Evidence Act, 1872, where a person has been continuously in occupation of any such land for two years within the said period of twelve years, it shall be presumed until the contrary is proved that he has been in such occupation honestly believing himself to be a tenant.] *[7A. Certain person occupying land for not less than ten years to be deemed tenants.--Notwithstanding anything to the contrary contained in section 52 or any other provision of the Transfer of property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of court, a person shall be deemed to be a tenant in respect of the land of another in his occupation if— (a) he or his predecessor-in-interest occupied such land believing it to be the property of the Government ; (b) Subsequent to such occupation such land has become the property of such other person as a consequence of any judgment, decree or order of any civil court ; and (c) Such land has been in the continuous occupation of such person for a period of not less than ten years preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969 . *ubstituted by Act 35 of 1969. *Inserted by Act 35 of 1969 Explanation I.--In computing the period of occupation of a person for the purposes of clause (c) the period during, which the predecessor-in-interest or predecessors-in-interest of such person was or were in occupation shall also be taken into account. Explanation II.--For the purposes of this section, a person shall be deemed top be in continuous occupation notwithstanding any order of court for delivery of possession to another person or any court record of dispossession. 7B. Certain person occupying lands under leases granted by incompetent persons to be deemed tenants.— (1) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person in occupation of the land of another at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, on the basis of a registered deed purporting to be a lease deed shall be deemed to be a tenant if he or his predecessor-in-interest was in occupation of such land on the 11th day of April, 1957, on the basis of that deed, notwithstanding the fact that the lease was granted by a person who had not right over the land or who was not competent to lease the land. (2) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in judgment, decree or order of court, any person who on the 11th day of April, 1957, was in occupation of the land of another and continued to be in occupation of such land till the commencement of the Kerala Land Reforms (Amendment) Act, 1969, shall be deemed to be a tenant if the court has delivered a judgment or passed an order before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette that the occupation by such person was on the basis of an oral permission or an unregistered deed purporting to be a lease deed granted by a person who had no right over the land or who was not competent to lease the land. 7C. Certain persons who have paid amounts for occupation of land shall be deemed to be tenants.--Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person who is in occupation of the land of another at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, shall be deemed to be a tenant if he or his predecessor-in-interest has paid within a period of ten years immediately preceding such commencement any amount in consideration of such occupation or for the use and occupation of such land and has obtained a receipt for such payment from any person entitled to lease that land or his authorised agent or a receiver appointed a court describing the payment as modavaram or nastavaram or modanashtavaram or a receipt described as M.R receipt. 7D. Certain person occupying private forests or unsurveyed land to be deemed tenants.--Notwithstanding anything to the contrary contained in Section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, of the land of another situate in Malabar , to which the provision of the Madras Preservation of Private Forests Act, 1949 (XXVII of 1949), were applicable on the 11th day of April, 1955 or which was unsurveyed on that date, shall be deemed to be a tenant if he or his predecessor-in-interest was continuously in occupation of such land for not less than two years within a period of twenty years immediately preceding the 11th day of April, 1967.] 8. Certain persons who were cultivating land on varam arrangement to be deemed tenants.— twithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person who, by virtue of the provisions of section 6 of the Kerala Stay of Eviction Proceedings Act, 1957, was entitled to cultivate any nilam after the 11th day of April, 1957, and was cultivating the nilam at the commencement of this Act, shall be deemed to be a tenant, notwithstanding the expiry of the term fixed under the varam arrangement. 9.Certain persons who surrendered leasehold rights but continued in possession, to be deemed tenants.— Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where on or after the 11th day of April, 1957 a tenant holding land less in extent than the ceiling area, had executed a deed surrendering his leasehold right to the landlord, but not actually transferred possession of the land to the landlord before the commencement of this Act, such deed shall be deemed to be invalid and such person shall be deemed to be a tenant. *[9A. Certain surrender documents to be inadmissible in evidence.--Where any tenant has executed before the 19th day of May, 1967, a deed surrendering or purporting to surrender to his landlord his lease-hold rights in any land situate in the taluk or Hosdrug or Kasargod in the Cannanore district, such deed if unregistered shall notwithstanding anything contained in the Indian Evidence Act, 1872, be inadmissible in evidence in any dispute regarding possession of such land between such tenant or any person claiming under or through him and such landlord or any person claiming under or through him,] 10. Certain other persons to be deemed tenants.— Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, the following classes of persons shall be deemed to be tenants :-- (I) a punam or kumri cultivator ; (II) a license*[ * * * * ] (III) a varamdar ; (IV) a vechupakuthidar ; and (V) a person holding land situated in any part of the taluk of Hosdrug or Kasargod to which the Malabar Tenancy Act, 1929, did not extent, under a transaction described in the document evidencing it as bhogya, otti, nattotti, arwar, illidarwar or krithsartha illidarwar, but not being a usufrusturay mortgage as defined in the Transfer of Property Act, 1882. *[11. Sambalapattamdar, sambalachittudar, etc., in certain areas to be presumed tenants.--Where in a document a person is descrined as a sambalapattamdar, sambalchiitudar, or coolipattamdar, in respect of any nilam situate in the Palaghat or Trichur district or in the Kuttanad area, or as a gaimakarardar or the holder of a gobrachitty or fazilchitty in respect of any land situate in the taluk of Hosdrug or Kasargod in the Cannanore district, he shall be presumed to be a tenant for all purposes of this Act : Provided that such presumption shall be rebutted if it is proved that the sambalapattamdar,sambalachittudar,coolipattamdar or gaimakarardar or the holder of a gobrachittu or fazilchittu has not undertaken any risk of cultivation.] * Inserted by Act 35 of 1969 * Omitted by Ibid. 12. Right to prove real nature of transaction.— *[(1) Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, or in any judgment, decree or order of court, any person interest in any land, may prove that a transaction purporting to be a mortgage, otti, karipananyam, pananyam,nerpananyam or license of that land is in substance a transaction by way of kanam, kanamkuzhikanam, kuzhikanam, verumpattom or other lease, under which the transferee is entitled to fixity of tenure in accordance with the provisions of section 13 and to the other rights of a tenant under this Act. (2) Where under sub-section (1) the Land Tribunal holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 13, it shall be lawful for the Land Tribunal to pass an order containing directions regarding the application of the sum, if any, advanced to the landlord and making other suitable alterations in the terms recorded in the instrument executed by the parties.] (3) Notwithstanding anything in the Indian Evidence Act, 1972 or in any other law for the time being in force, a person described as an agent or servant in a document evidencing the contract for the cultivation of any nilam, may prove that he is a licensee. Fixity of Tenure 13. Rights of tenants to fixity of tenure.--(1) Notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure in respect of his holding and no land from the holding shall be resumed except as provided in sections 14 to 22. * Substituted by Ibid. (2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord-- (i)who is a member of the Armed Forces or is seaman, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a seaman, or while he was serving as such member or seaman ; or (ii) who is the legal representative of the landlord referred to in clause (i) Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and, where he is in possession of an extent of land les than the ceiling area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area : *[Provided further that a tenant holding under any such landlord shall have fixity of tenure in respect of his holding if the landlord does not claim resumption of the land comprised in the holding within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969: Provided also that where any such landlord is prevented by sufficient cause from not claiming resumption at any time before the date notified under section 72, the right of such tenant to fixity of tenure in respect of the holding or part thereof to which the claim for resumption relates shall cease from the date of the application claiming resumption : Provided also that such tenant shall have fixity of tenure in respect of his holding or part thereof from the date of the final rejection of such application in full or in part, as the case may be]: Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force. *[(3) Notwithstanding anything to the contrary contained in any law, or in any contract, but subject to the provisions of sub-section (2), the landlord referred to in clause (I) or clause (ii) of sub-section (2) shall be entitled to apply for the resumption from his tenant of the whole of part of his holding within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969 or if such landlord is prevented by sufficient cause from supplying for resumption within such period, at any time before the date notified under section 72.] *[13A. Restoration of possession of persons dispossessed on or after 1st April 1964.--(1) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where any person has been dispossessed of the land in his occupation on or after the 1st day of April 1964, such person shall if he would have been a tenant under this Act,as amended by the Kerala Land Reforms(Amendment) Act, 1969, at the time of such dispossession be entitled subject to the provisions of this section to restoration of possession of the land : Provided that nothing in this sub-section shall-- (a) apply in any case where the said land has been sold to a bona fide purchaser for consideration before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette ; or Reforms (Amendment) Act, 1969, apply to the Land Tribunal for the restoration of possession of the land. (3) The Land Tribunal may after such inquiry as it deems fit pass an order allowing the application for restoration and directing the applicant to deposit the compensation, if any, received by the applicant under any decree or order of court towards value of improvements or otherwise and the value of improvements, if any, effected on the land after the dispossession as may be determined by the Land Tribunal, within such period as may be specified in the order. (4) On the deposit of the compensation and value of improvements as required in the order under sub-section (3), the Land Tribunal shall restore the applicant to possession of the land, if need be by removing any person who refuses to vacate the same. * Substituted by Act 35 of 1969. * Inserted by Ibid. * Inserted by Ibid. entitle any person to restoration of possession of any land which has been resumed under the provision of this Act. (2) Any person entitled to restoration of possession under sub-section (1), may, within a period of six months from the commencement of the Kerala Land 13B. Restoration of possession of certain holdings sold for arrears of rent.— (1) Notwithstanding anything to the contrary contained in any law, or in any judgment, decree or order of court where any holding has been sold in execution of any decree for arrears of rent, and the tenant has been dispossessed of the holding after the 1st day of April, 1964 and before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, such sale shall stand set aside and such tenant shall be entitled to restoration of possession of the holding, subject to the provisions of this section : Provided that nothing in this sub-section shall apply in any case where the holding has been sold to a bona fide purchaser for consideration after the date of such dispossession and before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette. (2) Any person entitled to restoration of possession of his holding under sub-section (1) may, within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, deposit the purchase money together with interest at the rate of six per cent per annum in the court and apply to the court for setting aside the sale and for restoration of possession of his holding. (3) The court shall, if satisfied after such summary enquiry as the court deems fit, set aside the sale and restore the applicant to possession of his holding. (4) The court may also order the applicant to deposit in court such amount as may be specified by the court towards costs of the decree-holder or the auction purchaser and the value of improvements, if any, effected on the holding after the sale. Explanation.--For the purposes of this section, the terms "holding" includes a part of a holding. 13 C. Cancellation of certain sales for arrears of rent.--(1) Notwithstanding anything to the contrary contained in any law, or in any judgment, decree or order of court, where any holding has been sold in erection of any decree for arrears of rent accrued due before the 1st day of May, 1968 , or any portion of such arrears, but the tenant has not been dispossessed, such tenant may, within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, deposit in court an amount equal to the amount which he is liable to pay under section 73 and apply to the court for setting aside the sale. Explanation--Where a tenant has been dispossessed by a receiver appointed by a court, such dispossession shall not be deemed to be dispossession for the purposes of this sub-section. (2) The court shall, if satisfied after such summary enquiry as the court deems fit, set aside the sale and may also order the applicant to deposit the costs, if any, payable to the decree-holder. (3) Where the amount deposited under sub-section (1) is not found sufficient the court shall not pass an order under sub-section (2) unless the deficit amount is deposited in court within such period as the court may direct. 13D. Cancellation of certain sales for damages.— (1) Notwithstanding anything to the contrary contained in any law, or in any judgment, decree or order of court, where any holding has been sold after the 1st day of April, 1964 and before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, for recovery of damages for committing waste on the holding but the tenant has not been dispossessed such tenant may, within six months from such commencement, deposit, in court an amount equal to purchase money together with the interest at the rate of six per cent per annum and apply to the court for setting aside the sale. (2) The Court shall, if satisfied after such summary enquiry as the court deems fit, set aside the sale and may also order the applicant to deposit the costs , if any, payable to the decree-holder. (3) Where the amount deposited under sub-section (1) is not found sufficient the court shall not pass an order under sub-section (2) unless the deficit amount is deposited in court within such period as the court may direct. (4) Where the holding has been sold to a purchaser other than the decree-holder, such person shall be entitled to an order from the court for repayment of his purchase money, with or without interest as the court may direct, against any person to whom it has been paid.] 14. Resumption for extension of places of public religious worship.— A trustee or owner of a place of public religious worship may resume from a tenant the whole or any portion of his holding when the same is needed for the purpose of extending the place of public religious worship and the Collector of the district certifies that the same is so needed. 15. Resumption for construction of residential buildings.— A landlord (other than a sthani or the trustee or owner of a place of public religious worship) who is not in possession of * [any land other than nilam, or is in possession of less than two acres in extent of such land] and who needs the holding for the purpose of constructing a building bona fide for his own residence or for that of any member of his family may resume from his tenant-- (i)an extent of land not exceeding 20 cents, where resumption is sought on behalf of one person ; and (ii) an extent of land not exceeding 50 cents where resumption is sought on behalf of two or more persons ; *[Provided that, by such resumption, the total extent of land other than nilam in the possession of the landlord shall not be raised above two acres and the total extent of land in the possession of the tenant shall not be reduced below fifty cents.] *[ * * * ] Explanation--For the purposes of this section and section 1 "member of his family" shall mean,-- (i) in the case of landlord who has granted a lease on half of a joint family, member of such family ; and (ii) in any other case, wife or husband, as the case may be or a lineal descedant of the landlord. * Substituted by Act 35 of 1969 . * Omitted by Act 35 of 1969. 16. Resumption for personal cultivation from tenant holding more than ceiling area.— A landlord (other than a sthani or the trustee or owner of a place of public religious worship) who requires the holding bona fide for cultivation by himself, or any member of his family, may resume from his tenant, who is in possession of land exceeding the ceiling area, the whole or a portion of the holding, subject to the condition that, by such resumption, the total extent of land in the possession of the landlord is not raised above the ceiling area and the total extent of land in the possession of the cultivating tenant is not reduced below the ceiling area. Explanation I.--In this section, references to the ceiling area in relation to the landlord or the tenant shall, where such landlord or tenant is a member of a family, be constructed as reference to the ceiling area in relation to that family. Explanation II--For the purposes of this section and section 18,-- (a) "Scheduled Castes" means the Scheduled Castes in relation to the State as specified in the Constitution (Scheduled Castes") Order, 1950 (b) "Scheduled Tribes" means the Scheduled Tribes in relation to the State as specified in the Constitution (Scheduled Tribes) Order, 1950. (2) An application under sub-section (1) shall be made within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969. Inserted by Act 35 of 1969. (3) Where more small holders than one apply for resumption of land from the same tenant and the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the small holders, the Land Tribunal shall allow resumption by all the small holders equitably having regard to all circumstances.] 17. Resumption by small holder.— Without prejudice to the right of resumption under section 16, a small holder (other than a sthani) or the trustee or owner of a place of public religious worship) may resume from his tenant a portion of the holding not exceeding one half : Provided that, by such resumption, the total extent of land in the possession of the small holder shall not be raised above * [two and a half standard acres or five acres] in extent, whichever is greater : Provided further that *[ * * * ] no Land shall be resumed under this section from a tenant who was entitled to fixity of tenure in respect of this holding immediately before the 21st January, 1961, under any law then in force. 18. General conditions and restrictions applicable to resumption under section 14, 15,16 and 17.— Resumption of land under sections 14,15,16 and 17 shall also be subject to the following conditions and restrictions, namely :-- (1) in respect of tenancies subsisting at the commencement of this Act, no application for resumption shall be made after a period of one year from such commencement : *[Provided that where the landlord is-- (i)a minor ; or (ii) a person of unsound mind ; or (v) a member of the Armed Forces or a seaman and the tenant is entitled to fixity of tenure ; or (vi) a legal representative of such member or seaman was the landlord of the land in respect of which resumption is claimed, the application for resumption may be made within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969 : * Substituted by Act 35 of 1969. * Omitted by Ibid. * Substituted by Ibid. Provided further that in the case of a landlord referred to in clause (iii) or clause (iv) of the foregoing proviso, the application for resumption may be made after the expiry of the said period of six months and before the date notified under section 72, if such landlord was prevented by sufficient cause from making the application within the said period of six months ;] (2) the right of resumption in respect of a holding shall be exercised only once, and the order of the Land Tribunal allowing resumption shall be given effect only at the end of an agricultural year ; (3) no kudiyiruppu shall be resumed ; *[(4) no land in the possession of tenant who is a member of a Scheduled Caste or Scheduled Tribe shall be resumed.] *[19. Resumption of agricultural lands interspersed within plantations.--A landlord may resume from a tenant any holding or part of a holding comprising agricultural lands of the description specified in sub-clause (c) of clause (44) of section 2, if such holding or part is in the opinion of the Land Board absolutely necessary for the purposes of the plantation : Provided that the order of the Land Tribunal allowing resumption shall be given effect to only after the expiry of the period, if any , fixed under the contract of tenancy and only at the end of an agricultural year.] 20. Tenants from whom land is resumed to be paid compensation for improvements and solatium.--* [(1) A tenant from whom land is resumed under the provisions of this Act shall be entitled to— * Inserted by Act 35 of 1969 * Substituted by Ibid. * Substituted by Ibid. (i) compensation for the improvements belonging to him ; or (ii) a solatium of an amount equal to the value of the gross produce from the land resumed for a period of two yeas, whichever is greater : Provided that where the land resumed is comprised in a plantation, the tenant shall be entitled to the aggregate of the compensation referred to in clause (I) and the solatium referred to in clause (ii).] (2) The compensation payable under clause (I) of sub-section (1) shall be determined in accordance with the provisions of the Kerala Compensation for Tenants Improvements Act, 1958. 21. Priority for resumption.— Where in respect of any holding there are more landlords than one, the landlords mentioned below and in their order of priority shall be entitled to resumption :-- (a) small holder ; (b)any person, other than a small-holder, entitled to fixity of tenure in respect of the holding immediately before the 21st January, 1961, under any law then in force ; (c) kanamdar not falling under item (a) or item (b) ; (d) landowner, not being a small-holder : Provided that there are more landlords than one falling under the same category, the landlord nearer the cultivating tenant shall have preferential right over the landlord more remote. 22. Procedure for resumption.— (1) A landlord desiring to resume any land shall apply to the Land Tribunal within whose jurisdiction the land is situate for an order of resumption. The application shall be in such form and shall contain such particulars as may be prescribed. * [Explanation.--For the purposes of this sub-section, "land-lord" shall include a landlord referred to in clause (I) or clause (ii) of sub-section (2) of section 13 .] (2) The Land Tribunal shall duly enquire into the application and pass appropriate orders thereon, where the order allows resumption, it shall specify the extent and location of the land allowed to be resumed, the rent payable in respect of the portion if any, that would be left after resumption and such other particulars as may be prescribed and directing the landlord to make, within such time and in such manner as may be prescribed, payments to extinguish the rights of the cultivating tenant, and the intermediaries, if any, who would be affected by such resumption. (3) The Land Tribunal may, for sufficient reasons, extend the time prescribed under sub-section (2) for making payments by the landlord. *(4) The cultivating tenant shall be entitled to opt for the location of the portion of the holding which may be allowed to be resumed, and where the tenant has not so opted, the location of the portion to be resumed shall be decided by the Land Tribunal having regard to the nature, fertility and other conditions of the portion of the land which may be allowed to be resumed and the portion left with the cultivating tenant .] (5)Where the application is for resumption under section 16 from a tenant who is in possession of land exceeding the ceiling area and there are other landlords under whom the tenant holds, the Land Tribunal shall give notice of the application to all other land lords so far as known to it, specifying a date within which they may apply for resumption of any land from such tenant. The Land Tribunal shall consider all applications from landlords for resumption from such tenant received within the specified time together, and, where the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the landlords the Land Tribunal shall allow resumption by all the landlords equitably having regard to all circumstances. (6) Where any and is resumed after making the payments as directed by the Land Tribunal, all the rights of the cultivating tenant and the intermediaries, if any , holding between the landlord resuming the land and the cultivating tenant in respect of the land, shall stand extinguished. * Added by Act 35 of 1969. * Substituted by Act 35 of 1969 *[(7) Where a landlord deposits the amounts in accordance with the directions of the Land Tribunal, the Land Tribunal shall put the landlord in possession of the land allowed to be resumed, if need by removing any person who refuses to vacate the same] (8) Where a landlord fails to deposit the amounts in accordance with the directions of the Land Tribunal, the order of resumption shall be treated as cancelled and the landlord shall have no further right for resumption. 23. Tenant's right to sue for restoration of possession of land.— (1) In any case in which any land has been resumed on the ground specified in section (14) or section 15 or section 16 or[* * * *] section 19, if within 3 years of such resumption, the person who resumed the land fails without reasonable excuse to use the land for the purpose for which it was resumed the cultivating tenant shall, subject to the provisions of section 24, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land or a portion of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant : Provided that a cultivating tenant shall not be entitled to restoration under this sub-section if he is in possession of land equal to or exceeding the ceiling area, not shall a cultivating tenant be entitled to restoration of an extent of land which together with the extent of land in his possession will exceed the ceiling area. (2) The provisions of section 22 shall, mutatis muttandis, be applicable to the form and procedure in regard to the application for restoration and the manner of execution of the orders of restoration. 24. Limitation for application for restoration under section 23.— An application for restoration under section 23 shall be made within one year from the expiry of three years after the resumption. * Substituted by Act 35 of 1969. * Omitted by Ibid. 25. Persons entitled to restoration.— (1) Where restoration of any land resumed is ordered under section 23, the cultivating tenant shall hold the land directly under the landlord from whom restoration has been ordered, and the rights of the intermediaries extinguished under sub-section (6) of section 22 shall not revive. (2) Before such restoration, the cultivating tenant shall pay to the person who resumed the land-- (i)the amount paid by such person to the cultivating tenant and to the intermediary, if any, towards the value of improvements effected by them and existing at the time of restoration; (ii) the value of the improvements , if any, effected bona fide by such person between the date of resumption and the date of the application ; and (iii)any amount other than soltium received by the cultivating tenant from such person on account of the resumption. (3)The rent payable by the cultivating tenant after the restoration of the holding shall be the fair rent. *[25A. Contract rent in the case of certain tenants.--(1) Where a person who is a tenant for the purposes of this Ac as amended by the Kerala Land Reforms (Amendment) Act, 1969, was before the commencement of the said Amendment Act, not under an obligation to pay rent, the contract rent for the purposes of this Act shall be deemed to be,-- (a) where there has been a stipulation in the document for the periodical payment of any amount by such person, such amount ; (b) in the case of a varamdar, the average of the share of the landlord in the paddy produce for the three years immediately preceding the commencement of this Act or where the varamdar was not cultivating the land continuously for the said period of three years, the share of the landlord for the year in which the varamdar cultivated the land last immediately before such commencement ; (c) in any other case, four rupees per acre. (2) In the case of a cultivating tenant referred to in sub-section (3) of section 25, the contract rent for the purposes of this Act shall be the contract rent of the proportionate contract rent in respect of the holding or part thereof which is resumed under this Act at the time of resumption. 25B.Determination of proportionate rent.--Where by act of parties or by operation of law, the interest of the tenant in his holding has been severed, splitting up the holding into two or more parts, or where a portion of the holding has been sub-leased, and there is dispute as to the contract rent payable in respect of any such part or, as the case may be, the portion retained by the tenant or the portion sub-leased, the Land Tribunal may, on application by any person interested, determine the contract rent payable in respect of each such part or portion, as the case may be, on the basis of the normal produce from each such part of portion.] *26. Recovery of arrears of rent.— (1) A landlord or any person claiming under him may apply to the Land Tribunal in such form as may be prescribed for recovery of arrears of rent due to him from his tenant . (2) The Land Tribunal shall, after such enquiry as may be prescribed, determine the amount payable to the landlord and the person liable o pay the same. Provided that where the amount claimed in the application does not exceed five hundred rupees, the Land Tribunal shall follow the procedure prescribed for the trial of small cause suits. (3)The Land Tribunal may, on application by the person entitled to the amount determined under sub-section (2) at any time within one year from the date on which the order of the Land Tribunal under that sub-section has become final, recover the amount in such manner as may be prescribed and pay the same to the applicant. (4) Notwithstanding anything contained in any law for the time being in force, no court or other authority or officer other than the Land Tribunal shall have jurisdiction to entertain any claim for arrears of rent. * Inserted by Act 35 of 1969. 27. Fair rent.— (1) The fair rent in respect of a holding shall be the rent payable by the cultivating tenant to his landlord. (2) The fair rent shall be,-- (a) in the case of nilams, 50 per cent of the contract rent, or 75 per cent of the fair rent determined under any law in force immediately before the 21st January, 1961, or the rent calculated at the rates specified in Schedule III applicable to the class of lands comprised in the holding, whichever is less; (b) in the case of other lands, 75 per cent of the contract rent, or the fair rent determined under any law in force immediately before the 21st January, 1961, or the rent calculated at the rates specified in Schedule III applicable to the class of lands comprised in the holding, whichever is less : Provided that the tenant may, by notice sent to the landlord by registered post opt to pay-- (i)in the case of any nilam, 50 per cent of the contract rent, or 75 per cent of the fair rent determined under any law in force immediately before the 21st January, 1961, or the rent calculated at the rates specified in Schedule III, applicable to the class of lands comprised in the holding ; (ii) in the case of other lands, 75 per cent of the contract rent, or the fair rent determined under any law in force immediately before the 21st January, 1961, or the rent calculated at the rates specified in Schedule III applicable to the class of lands comprised in the holding, and where the tenant has so opted, such rent shall be deemed to be the fair rent for all purposes of this Act with effect from the beginning of the agricultural years in which such notice was sent to the landlord. Explanation I.--Where in the case of a holding consisting of nilam and lands other than nilm, the rent for the nilam and the other lands is not separately specified in the contract of tenancy, the contract rent for the purposes of this sub-section in respect of the nilam and the other lands shall be determined on the basis of the normal produce from the lands other than nilam. Explanation II--For the purposes of this section "nilam" includes a nilam converted into garden by the tenant's labour]. 28. Exclusion of certain lands from liability to fair rent.— Not withstanding anything contained in section 27, where any land included in a holding is set apart for communal purposes, and is used for such purposes, the extent of the land so set apart shall not be taken into account when determining the fair rent of the holding in accordance with that section. *[29. Preparation of record of rights.— (1) Any person interested in any land may at any time within ten years from the commencement of this Act or such further period as the Government may, from time to time, by notification in the Gazette, specify in this behalf, apply to the Tahsildar of the taluk in which that land is situate for the preparation of a record of rights in respect of that land : Provided that no such application shall lie in cases where the land is situate in an area notified by the Government under section 3 of the Kerala Record of Rights Act, 1968 (2) On receipt of an application under sub-section (1) for the preparation of the record of rights in respect of any land, the Tahsildar shall prepare the record of rights in respect of that land in such manner as may be prescribed. (3)The record of rights shall contain-- (a) the description and extent of the land ; (b) the name and address of the owner ; (c) the names and addresses of the intermediaries, if any, in respect of the land and the nature of the interest of each of such intermediaries ; (d) the names and addresses of the cultivating tenants and kudikidappukars, if any, in respect of the land and the nature of the interest of each of them ; (e) the names and addresses of the cultivating tenants and kudikidappukars, if any, in respect of the land and the nature of the interest of each of them ; (f) such other particulars as may be prescribed . * Substituted by Act 35 of 1969. (4)Any person aggrieved by any entry in the record of rights prepared by the Tahsildar under sub-section (2) may, within such period as may be prescribed appeal to the Revenue Divisional Officer having jurisdiction over the area in which the land is situate. (5) An appeal under sub-section (4) shall be in such form and shall contain such particulars as may be prescribed . (6) On receipt of an appeal under sub-section (4), the Revenue Divisional Officer shall, after giving an opportunity to all persons interested in the land to which the record of rights relates, dispose of the appeal in such manner as may be prescribed. (7) The Tahsildar and the Revenue Divisional Officer shall, for the purposes of the proceedings under this section, have all the powers of a civil court while a suit under 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 and affidavit ; (d) issuing commissions for the examination of witness or for local investigation ; and (e) any other matter which may be prescribed. (8) The record of rights prepared under this section shall be admissible in evidence before any court or tribunal and every entry in any record of rights which has became final shall until the contrary is proved be presumed to be correct. (9) Where an application for the preparation of a record of rights in respect of a land is admitted, no application under section 31 for determination of the fair rent in respect of that land shall be disposed of till the record of rights is prepared under his section. (10) Where the proceedings for the preparation of a record of rights are pending before the Revenue Divisional Officer or an appeal under this section is pending before the Tahsildar or an appeal under this section is pending before the Revenue Divisional Officer at the time when the area in which the land to which the record of rights relates when the area in which the land to which the record of rights relates is situate is notified by the Government under section 3 of the Kerala Record of rights Act, 1968, the Tahsildar or the Revenue Divisional Officer, as the case may be, shall transfer such proceedings or appeal to the prescribed officer under the said Act for the preparation of the record of rights in accordance with the provisions of that Act. 29 A. Bar of proceedings under Chapter XII of the Code of Criminal Procedure in certain cases.--(1) Where a person claiming to be a tenant applies for the preparation of a record of rights or for the determination of the fair rent or for the purchase of the rights, title and interest of the landowner and the intermediaries, if any, in respect of the land cultivated by him, then, notwithstanding anything contained in any other law, no Magistrate shall have jurisdiction under Chapter XII, of the code of Criminal Procedure, 1898, in respect of a dispute between that person and any other person claiming to be in possession of that land relating to that land, pending disposal of the application. (2) Where in respect of land proceedings under Chapter XII of the Code of the Criminal Procedure, 1898, were initiated while proceedings for the determination of the fair rent in respect of that land were pending and the possession of the land was handed over to the landlord in the proceedings under the said Chapter XII, and a suit to declare the right to possession of such land was pending in any civil court of competent jurisdiction on the date of publication the civil court of competent jurisdiction on the date of publication of the Kerala Land Reforms (Amendment ) Bill, 1968, in the Gazette, then notwithstanding anything contained in Chapter XII of the code of Criminal Procedure, 1898, or order of any court or any record regarding possession, the person who applied for the determination of the fair rent of his successor-in-interest shall,-- (a) if he was actually in possession on such date, be entitled to continue in possession of such land subject to the final decision in such suit; and (b) if he was not in possession on such date, be entitled to restoration of possession and to continue such possession till the final decision in such suit. (3)Any person who is entitled to be restored to possession of any land under sub-section (2) may make an application in writing within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, to the Revenue Divisional Officer having jurisdiction over the area in which the land is situate for the restoration of possession of such land. (4) The Revenue Divisional Officer shall, on receipt of an application under sub-section (3), make or cause to be made necessary enquiries in respect of such application and if he is satisfied that the applicant is entitled to restoration of possession under sub-section (2), he shall by order direct the person in possession of the land to deliver possession of the same to the applicant within a period of thirty days from the date of service of the order ; Provided that no order under this sub-section shall be made unless the person who is in possession of the land has been given an opportunity of being heard in the matter. (5) Every order made under sub-section (4) shall be served in such manner as may be prescribed. (6) Any person aggrieved by an order of the Revenue Divisional Officer under sub-section (4) may, within a period of thirty days from the date of service of the order ; prefer an appeal to the Collector of the district in which the land is situate, and the order of the Collector on such appeal shall be final. (7) Where an order made under sub-section(4) has not been complied with, and (a) no appeal has been preferred within the time allowed for such appeal ; or (b) an appeal having been preferred has been dismissed, the Revenue Divisional Officer shall cause the land to be delivered to the applicant by putting him in possession of the land, and if need be, by removing any person who refuses to vacate the same. 29.B.Disputes regarding right to cultivate land.--(1) Any person claiming to be the cultivating tenant of any land, if prevented or obstructed from cultivating that land, may apply to the Tahsildar of the taluk in which the land is situate for an order that he is entitled to cultivate he land. (2) The Tahsildar shall, on receipt of an application under sub-section (1) and after such enquiry as he deems necessary and after issue of notice to the opposite party, by order decide whether the applicant is entitled to cultivate the land, and if the applicant is entitled to cultivate, and is not in possession of, the land, the Tahsildar shall also restore him to possession and allow him to cultivate that land. (3) In any suit relating to any land in respect of which an application has been presented before the Tahsildar under sub-section (1) instituted by the Opposite party after the date of such application, the court shall not grant3 an injunction restraining the applicant from cultivating the land, till the final decision in such suit.] 30. Rent payable by an intermediary.— Where in respect of a holding there is an intermediary at the commencement of this Act and as a result of the determination of the fair rent there has been a reduction *[* * ] in the rent payable by the cultivating tenant, the rent payable by the intermediary to his landlord shall be reduced *[* * * ] in the same proportion as the rent to which he was entitled was reduced *[* * * ]. *30A.Jenmikaram payable where rent payable to kanam tenant is reduced.--Notwithstanding anything to the contrary contained in any other law, where in respect of a holding the landowner is a kanam tenant as defined in the Kamam Tenancy Act, 1955, and holding there has been a reduction in the rent payable to such landowner, the jenmikaram payable by such landowner in respect of that holding and accrued due after the 1st day of May, 1966, shall be reduced in the same proportion as the rent to which he was entitled was reduced.] 31. Determination of fair rent by Land Tribunal.— (1) The cultivating tenant or any landlord may apply in such form as may be prescribed, to the Land Tribunal for determining the fair rent in respect of a holding. (2) On receipt of an application under sub-section (1) the Land Tribunal shall issue notices to all persons interested and after enquiry, determine bn an order-- (i)the fair rent in respect of the holding. * Omitted by Act 35 of 1969. * Inserted by Ibid. (ii) if there is an intermediary or intermediaries to his landlord or to their respective landlords ; (iii)the installments, if any, in which the rent shall be payable ; and (iv)the date or dates on which the said rent or installment shall be payable. (3) in determining the fair rent under sub-section 2, the Land Tribunal may take into account the statistics published under section 44. 32. Bar of suits for eviction etc., pending application for determination of fair rent.— During the pendency of an application for determination of fair rent before a Land Tribunal no court shall entertain any suit for eviction of the applicant from the *[land] to which the application relates, or pass any order of injunction prohibiting the proceedings before the Land Tribunal. 33. Agreement as to fair rent.— Notwithstanding anything contained in the foregoing sections, it shall be competent for the landlord and the tenant to agree as to what shall be the fair rent payable in respect of the holding and, where such an agreement signed by the landlord and the tenant is filed with the Land Tribunal, the Land Tribunal shall pass orders determining such agreed rent as the fair rent in respect of the holding : Provided that the agreed rent shall not exceed the fair rent under section 27, in respect of the holding : Provided further that where there are intermediaries or other persons having an interest in the holding , the landowner, the cultivating tenant and all the intermediaries and other persons interested shall be parties to such an agreement : Provided also that this section shall not apply to a case where the landlord is a religious, charitable or educational institution of a public nature. 34. Date from which order determining fair rent, etc., is to take effect.— The order determining the fair rent under section 31 of section 33 and rent payable by an intermediary shall take, effect from the beginning of the agricultural year in which the tenant or from the beginning of the agricultural year in which the tenant or the landlord filed the application for such determination or the agreement under section 33, and any amount paid by the tenant in excess of the rent so determined to the landlord till the date of determination shall be adjusted towards the payment of future rent or the purchase price payable under section 55, and, where the amount of rent paid to the landlord is less than the rent so determined, the balance payable by the tenant shall be paid along with the rent payable immediately after the determination of the rent. 35. Rent payable when Land Tribunal has not determined fair rent.— Where in a case the rent payable in respect of a holding has not been determined by the Land Tribunal, either under section 31 or section 33, the landlord shall be entitled to receive and the *[the tenant shall be bound to pay at his option,-- (a) in the case of nilams, 50 per cent of the contract rent, or 75 per cent of the fair rent, if any determined under any law in force immediately before the 21st January, 1961 ; (b) in the case of other lands, 75 percent of the contract rent, or the fair rent, if any, determined under any law in force immediately before the 21st January, 1961.] [Explanation-- * * * * ] 36. Mode of payment of rent.— (1) Where the rent is payable in kind, it shall be paid either in kind or in money at the option of the tenant. *[(2) The money value of the rent payable in kind unless it is specified in the document evidencing the contract of tenancy, shall be commuted with reference to the rates published in the Gazette such rate is published in the Gazette under section 43 for the date on which the rent is payable and if no such rate is published for that date, at the rate for the nearest previous date for which a rate is so published : Provided that where in respect of any commodity the price has not been published in 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.] (3) The tenant shall be entitled to sent by money order the rent payable by him to his landlord. * Substituted by Act 35 of 1969. * Omitted by Ibid. 37. Liability for assessment.— (1) As between the tenant and landlord, the former shall be liable for any cess or special charges leviable by the Government for special or additional crops raised, where such special or additional crops have not been taken into account in fixing the fair rent. (2) A tenant making any payment to the Government or any local authority towards land revenue or any tax in respect of the land comprised in the holding and payable by the landlord , shall be entitled top deduct the same from the rent payable by him to the landlord : Provided that no such deduction shall be made if the rent payable by the tenant to the landlord is equal to or less than the land revenue or other tax so payable. 38. Remission of rent.— (1) Where there has been a damage to, or failure of, crops owing to causes beyond the control of the tenant in any holding the tenant shall be entitled to a remission of the rent payable by him in proportion to the extent of such damage or failure. *[(2) The Tahsildar of the taluk in which the holding is situate or any other officer not below the rank of Tahsildar authorised by the Government in this behalf by notification in the Gazette may, either suo motu or an application by a tenant, determined, after such enquiry as may be prescribed, 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. (4) Any person aggrieved by the order of the Tahsildar or the other officer under sub-section (2) may, within a period of sixty days from the date of the order, appeal against such order to the Revenue Divisional Officer having jurisdiction over the area in which the holding is situate, and the Revenue Divisional Officer may pass such order on the appeal as he thinks fit. Substituted by Act 35 of 1969. (3A) The order of the Revenue Divisional Officer under sub-section (3) and the order of the Tahsildar or the other officer under sub-section (2) in cases where no appeal has been preferred under sub-section (3) within the time specified therefore, or the appeal preferred has been dismissed, shall be final and the tenant shall be entitled to get the benefit of the remission so ordered. (3B) If any proceeding under sub-section (2) or sub-section (3), any question arises as to whether a person is or is not a tenant, it shall be competent for the Tahsildar or the other officer or the Revenue Divisional Officer, as the case may be, to decide such question for the purposes of this section.] (4) Where in respect of a holding there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the remission granted under *[sub-section (2) or sub-section (3)], the rent payable by the intermediary to his landlord shall be reduced in the same proportion. Explanation.--For the purposes of this section the term "crops" shall include cereal as well as cash crops. 39. Abatement or reduction of rent.— *[(1) The fair rent determined under this Act shall be liable to alteration or revision on the application made by the cultivating tenant to the Land Tribunal on any ground specified in sub-section (2) or sub-section (3). (2) Where a portion of the land comprised in the holding is acquired under any law for the time being in force for the compulsory acquisition of the land for public purposes or relinquished under the Kerala Land Relinquishment Act, 1958, the tenant shall be entitled to abatement of rent in the same proportion as the yield from the portion acquired or relinquished bears to the yield from the entire holding.] (3) Where any material part of the holding is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, by fire or flood or any other act of God, the rent payable shall be proportionately reduced. (4) Where in respect of a holding, there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the abatement in the rent granted under sub-section (2) or reduction of rent granted under sub-section (3), the rent payable by the intermediary to his landlord shall be reduced in the same proportion. 40. Invalidity of claim of dues other than rent payable.— Notwithstanding any contract to the contrary, express or implied, no tenant shall be liable to pay to his landlord any customary dues or renewal fees or anything more or anything else than the rent payable under this Act. 41. Arrears of rent to bear interest.— Arrears of rent shall bear interest at the rate of six per cent per annum or at the contract rate whichever is less. 42. Priority of claim for arrears of rent.— Arrears of rent due to the landlord, together with interest thereon, shall be a charge on the interest of the tenant, from whom they are due, in the holding and shall, subject to the priority of the rights of the Government and the local authority for arrears of land revenue, tax, cess or other dues, be a first charge on such interest of the tenant. 43. Publication of prices of commodities.— The District Collector shall cause to be published every quarter, in such manner as may be prescribed, prices prevailing in each taluk of paddy, cocanut, arecanut pepper, groundnut, tapioca, cashewnut and any other crop notified by the Government in this behalf : Provided that, before providing such prices the District Collector shall cause notice to be given to the public, in such manner as he thinks fit, of the prices proposed to be published and consider objections, if any, received within two weeks from the date of the notice, 44. Publication of statistics relating to gross produce of lands.— The Government shall cause to be published statistics of gross produce of different crops for different classes of land for different areas. 45. Tenants rights to obtain receipt.— (1) Every tenant paying any rent shall be entitled to receive and the landlord shall be bound to grant a receipt containing such particulars as may be prescribed. (2) If any landlord fails to grant a receipt as provided under sub-section (1), the tenant shall be entitled to send by money order, after deducting the charges for doing so,-- (i)the money, if the rent is payable in money ; and (iii) the money value of the rent, if its is payable in kind. *[45A.Rent appropriated for period of stay to be adjusted towards rent for period after 1st May, 1966.--(1) Where after the 19th day of May, 1967 and before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, any tenant has paid or deposited nay amount by way of rent, and such amount has been appropriated towards arrears of rent accrued due for the period prior to the 1st day of May, 1966, then, notwithstanding anything contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of any court of Land Tribunal, such amount shall be adjusted towards the rent accrued due for the period commencing on the 1st day of May, 1966. (2) Where, in any judgment, decree or order of any court or Land Tribunal passed after the 19th day of May, 1967, any amount paid or deposited by way of rent has been allowed or ordered to be appropriated towards arrears of rent accrued due for the period prior to the 1st day of May 1966, such judgment, decree or order shall, on application within sixty days from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, be re-opened by the court, or Land Tribunal, as the case may be, which passed such judgment, decree or order, and disposed of in accordance with the provisions of sub-section (1).] 46. Application to Land Tribunal when landlord refuses to accept a tender.— *[(1) The tenant may apply to the Land Tribunal in the prescribed manner for permission to pay arrears of rent due by him for any period through the Land Tribunal : Provided that no such application shall be made, if an application or other proceeding for the recovery of such arrears is pending before the Land Tribunal.] (2) Along with the application under sub-section (1) the tenant shall deposit with the Land Tribunal the said dues together with interest, if any, accrued thereon. * Inserted by Act 35 of 1969. * Substituted by Ibid. *[47. Procedure on application under section 46.--(1) When an application and deposit have been made under section 46, the Land Tribunal shall cause written notice thereof to be given at the cost of the applicant to every person who, in the opinion of the Land Tribunal is entitled to be heard thereon, and after hearing such of them as appear, by order, determine-- (a) the amount of arrears due from the tenant for the period specified in the application under sub-section (1) of section 46, together with interest upto the date of deposit and costs, if any; and (b) the person or persons who is or are entitled or bound to receive such amount. (2) If the amount deposited by the tenant under sub-section (2) of section 46 is less than the amount referred to in clause (a) of sub-section (1), the tenant shall deposit the balance amount due within such time as may be directed by the Land Tribunal. (3) If the tenant fails to deposit any amount under sub-section (2) within the time allowed by the Land Tribunal in that behalf, the application shall be dismissed. (4) The Land Tribunal may also make such direction regarding costs, if any, awarded to the applicant and such other matters as the Land Tribunal may deem fit. (5) The deposit of arrears of rent and interest and costs, if any, in accordance with the provisions of this section and section 46 shall be a full discharge of the liability of the tenant for the rent due by him for the period specified in the application. (6) Nothing in sub-section (5) shall affect the right of any person to recover the amount deposited by the tenant towards arrears of rent and interest from the person to whom it is paid by the Land Tribunal.] 48. Apportionment of rent on severance of interest of landlord of tenant.— *[(1) Where by act of parties or by operation of law ; the interest of the landlord or of the tenant in the land demised has been severed, or a portion of the land demised has been sub-leased, the landlord or the tenant may apply to the Land Tribunal for the apportionment of the rent and the security for rent, if any.] * Substituted by Act 35 of 1969. (2) The application shall be in such form as may be prescribed. (3) The Land Tribunal shall, after giving an opportunity to all persons interested to be heard, pass an order on such application apportioning the rent and the security for rent, if any, 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 application as it may deem fit. (4) If, within the time fixed by the Land Tribunal, such deed is not executed, the Land Tribunal shall, on the application of the persons in whose favour such deed is to be executed and on the deposit by such persons of such amount as the Land Tribunal may direct, execute the deed on behalf of the person in default ; and the Land Tribunal shall, by order, direct that the cost of the execution of the deed may be realised by the applicant from the person in default. *[(5) * * * ] 49. Notice to landlord and intermediary when the interest in the holding of the tenant is acquired.— (1) Any person deriving an interest in the holding or part of the holding of a tenant by virtue of a title acquired by act of parties or by operation of law shall, where such interest is acquired after the commencement of {the Kerala Land Reforms (Amendment) Act, 1939, ] * Within sixty days from the date of such acquisition, give registered notice of his interest in the holding or part of the holding to the landlord and the intermediaries, if any. The said notice, shall contain particulars of the property, its extent, the nature of the interest acquired and the date of acquisition of such interest. * Substituted by Act 35 of 1969. * Omitted by Act 35 of 1969 * Substituted by Ibid. (2) Where default is made by a tenant in the payment of rent, his landlord shall give registered notice of the default to the persons who have acquired interest in the holding or part of the holding prior to the date of such default and who have notified the existence of their interest under sub-section (1). The persons having interest in the holding shall be entitled to pay the arrears and the landlord shall be bound to receive such payment. Provided that a person who has acquired interest only in a part of the holding, shall be bound to pay only so much of the rent or arrears of the same, as will on apportionment fall on such portion of the holding (3) Where there has been no agreement among the persons interested as to the apportionment referred to in the proviso to sub-section (2), the person who has qcquired interest in the part of the holding may, within sixty days from the date of service of the notice of default, apply to the Land Tribunal for the apportionment, and the Land Tribunal shall, by order, make the apportionment. *[(4) * * * ] 50. Rights of tenant to be heritable and alienable.— Subject to the provisions of his Act all rights which a tenant has in his holding shall be heritable and alienable. **[50A.Extent of tenant's right to use his holding.--(1) Notwithstanding anything contained in any law or contract, or in any judgment, decree or order of court, a tenant entitled to fixity of tenure shall have the right to use his holding in any manner he thinks fit : Provided that nothing contained in this section shall be deemed to empower the tenant to use the holding in contravention of any order issued under the Essential Commodities Act, 1955. * Omitted by Act 35 of 1969. * Substituted by Ibid. Provided that nothing contained in this section shall be deemed to empower the tenant to use the holding in contravention of any order issued under the Essential Commodities Act, 1955. (2) Notwithstanding anything contained in any law or contract, or in any judgment, decree or order of court, where the tenant in respect of a nilam is a varamdar and the fishing right in that nilam is exercised by the landlord, such right of the landlord shall cease to exist and the tenant shall be entitled to exercise such right..] 51. Surrender by tenant.— (1) Notwithstanding anything contained in this Act, a tenant may terminate the tenancy in respect of any land held by him at any time by surrender of his *[interest therein : Provided that no such surrender shall be made in favour of any person other than the Government:] *[Provided further that] such surrender shall not be effective unless it is made in writing and is admitted by the tenant before the Land Tribunal *[ * * *] and is registered in the office of the Land Tribunal in the prescribed manner.] * [Second Proviso * * * ] $ [(2) The Government shall pay tot he 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 (1) to any person, as far as may be, in accordance with such rules as may be made under this Act. (5) The tenant to whom any land is let under sub-section (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.] * Omitted by Act 35 of 1969. * Inserted by Act 35 of 1969 * Substituted by Act 12 of 1966. *Omitted by Ibid. $ Inserted by Ibid. *[51A. Abandonment by a tenant.--(1) No landlord shall enter on any land which has been abandoned by a tenant. * [(2) If a tenant abandons his holding and ceases to cultivate the holding either by himself or by some other person, the Government may, after notice to the tenant and the landlord and after hearing objection, if any, take possession of the land comprised in the holding. (3) The Government shall pay to the landlord fair rent for the land taken possession of by them under sub-section (2), from the date on which they take possession of such land.] (4) The Government may let to another tenant any land, possession of which has been taken under sub-section (2), as far as may be, in accordance with such rules as may be made under this Act. (5) The tenant to whom any land is let under sub-section (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 he date of induction of the tenant on the land. Cease. 51.B.Landlord not to enter on surrendered or abandoned land.— If any landlord enters into the possession of any abandoned land or any land which has not been surrendered in accordance with the provisions of section 51, he shall be deemed to have contravened the provisions of section 6 of the Kerala Prevention of Eviction Act, 1956, and shall be punished accordingly.] 52. Rights as to timber trees.— (1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or his predecessor-in-interest or spontaneously sprouting and growing in the holding after the commencement of the tenancy in favour of the cultivating tenant or his predecessor-in-interest, shall belong to the cultivating tenant. *[(2) Subject to the provisions of sub-sections (3) and (5), in the case of timber trees standing in the holding of a cultivating tenant at the commencement of his tenancy, the cultivating tenant shall have the right to cut and remove such trees, and the landlord or the intermediary shall not have the right to cut and remove such trees.] (3) Where the cultivating tenant exercises his right under sub-section (2), he shall be liable to pay to the landowner or the intermediary, as the case may be, one-half of the market value of the timber trees so cut and removed. * [(4) * * ] (5) The right conferred by sub-section (2) shall not be exercisable unless reasonable notice thereof in writing is given to the party to be affected by the exercise of the said right. (6) If any dispute arises as to the rights of the landowner, intermediary and cultivating tenant over timber trees, the Land Tribunal shall, on the application of the land owner, intermediary or cultivating tenant by order, decide the question after hearing all the persons interested. Purchase of Landlord's rights by cultivating Tenants 53. Cultivating tenants right to purchase landlord's rights— (1) *[A cultivating tenant including the holder of a kudiyiruppu and the holder of a karaima],entitled to fixity of tenure under section 13, shall be entitled to purchase the right, tile and interest of the landowner and the title intermediaries, if any, in respect of the land comprised in his holding : Provided that-- (i)If the landlord is entitled to resume any portion of the holding under this Act and he applies for such resumption, the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries only in respect of remaining portion of the holding ; (ii) no cultivating tenant shall be entitled to purchase the right, title and interest in respect of any land under this section if he, or if he is a member of a family, such family, owns and extent of land not less than the ceiling area ; * Omitted by Act 35 of 1969. * Substituted by Ibid. (iii)Where the cultivating tenant, or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceiling area, he shall be entitled to purchase the right, title and interest in respect of only such extent of land as well, together with the land, if any, owned by him or his family, as the case may be, be equal to the ceiling area. Explanation.--In calculating the extent of land owned by the cultivating tenant or, where he is a member of a family, by such family, for the purposes of clause (ii) or clause (iii) of the proviso to this sub-section, the portion of the land owned by such cultivating tenant or by the family, which is liable to be purchased by the cultivating tenants holding under such tenant or family, shall not be taken into account. *[(2) The provisions of section 82 shall, so far as may be, apply to the calculation of the ceiling area for the purposes of sub-section (1) : Provided that if no date has been notified under section 83, the date of application by the cultivating tenant under section 54, shall be deemed to be the date notified under section 83.] 54. Application for purchase of landlord's rights by cultivating tenants.— (1) A cultivating tenant entitled to purchase the right, title and interest of the landowner and the intermediaries under section 53 may apply to the Land Tribunal for the purchase of such right, title-and-interest. (2) The application for the purchase under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. *[ * * ] (3) Where a cultivating tenant is entitled to purchase the right, title and interest in respect of only a portion of the land held by him, he may indicate in the application, his choice of the portion, the right, title and interest over which he desires to purchase. 55. Purchase Price.— The price payable by the cultivating tenant for the purchase of the right title and interest of the landowner and the intermediaries, if any, shall be the aggregate of-- (i) sixteen times the fair rent in respect of the holding or part thereof to which the purchase relates ; (ii) the value of structures, wells and embankments of a permanent nature belonging to the landowner or the intermediaries if any ; and (iii) one-half of the value of timber trees belonging to the landowner or the intermediaries, if any : * Provided that where the aggregate of the value of structures, wells, and embankments and one-half of the value of timber trees referred to in clauses(ii) and (iii) exceeds sixteen times the fair rent in respect of the holding or part thereof to which the purchase relates, such aggregate value shall, for the purpose of calculating the purchase price, be limited to sixteen times such fair rent.] Explanation.--For the purposes of this section, where the rent is payable in kind, the money value of the rent shall be computed at the average of the prices of the commodity for the six years immediately preceding the year of determination of the purchase price, and, in calculating the average of the prices, if any, published under section 43 may also be taken into account. 56. Purchase price to be distributed among the landowner and intermediaries.— (1) Where the right, title and interest of the landowner and the intermediaries in respect of he holding have been purchased by the cultivating tenant, the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries, as the case may be, in accordance with the provisions of sub-sections (2) and (3). (2) Where there is no intermediary, the landowner shall be entitled to the entire purchase price paid by the cultivating tenant. (3) Where there is an intermediary or there are intermediaries,-- (i) the amount of 16 times the fair rent paid by the cultivating tenant shall be apportioned among the landowner and the intermediary or intermediaries in proportion to the profits derives by them from the holding ; and (iii) the value of structures, wells and embankments of a permanent nature and half the value of the timber trees paid by the cultivating tenant shall be payable to the landowner or the intermediary to whom such structures, wells, embankments and timber trees belong : * [Provided that where the aggregate of the value of structures, wells and embankments and one-half of the value of timber trees has been limited to sixteen times the fair rent under the proviso to section 55, the amount payable under this class to the land owner and the intermediary or intermediaries shall be sixteen times such fair rent apportioned among the land owner and intermediary or intermediaries in proportion to the value of the structures, wells, embankments and timber trees belonging to each of them.] Explanation.--"Profits derived from the holding" shall for the purposes of this sub-section, mean in the case of the landowner, the rent to which he is entitled and, in the case of an intermediary, the difference between the rent due to him from his tenant and the rent for which the intermediary is liable to his landlord *[and where there is no evidence as to the rent for which the intermediary is liable to his landlord, it shall be presumed that such rent is one-half of the rent payable to the intermediary by his tenant.] 57. Procedure before the Land Tribunal.— (1) As soon as may be after the receipt of the application under section 54, the Land tribunal shall give notice to the landowner, the intermediaries and all other persons interested in the holding to prefer claims or objections with regard to the application *[ * * * * * ] (2) The Land Tribunal shall, after considering the claims and objections received and hearing any person appearing in pursuance of the notice issued under sub-section (1) and after making due enquiries, pass orders-- (i)On the application, if any, *[Pending before it] from the landowner or intermediary for resumption, in accordance with the provisions of section 22 ; and (ii) On the application for purchase under section 54. (3) Where the cultivating tenant is entitled to purchase only a portion of the land left after resumption, the Land Tribunal shall, as far as possible, allow the purchase of the portion indicated in the application under sub-section (3) of section 54. * Inserted by Act 35 of 1969. [$ (3A) Where the right,. Title and interest of the landowner or the intermediary vested in the cultivating tenant form part of the security for any encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the purpose of discharging the same, apportion the entire encumbrance or the charge for the maintenance or alimony between the portion of the land, the right, title and interest over which vested in the tenant and the portion remaining after such vesting in proportion to the values of the two portions of the property, and discharge only the liability pertaining to the portion to which the purchase relates]. (4) An order under clause (ii) of sub-section (2) allowing the application shall specify-- (i)the purchase price payable by the cultivating tenant ; (ii) the amount due to the landowner and each of the intermediaries, if any, on the apportionment of the purchase price paid by the cultivating tenant ; (iii)the value of encumbrances subsisting or claims for maintenance or alimony charged on the right, title and interest of the landowner and the intermediaries, if any ; (iv)the amount payable to the holder of the encumbrance or the person entitled to the maintenance or alimony * [and the order of priority in which such amount is payable] ; and Inserted by Act 35 of 1969. *Omitted by Ibid. * Substituted by Act 35 of 1969. $ Inserted by Ibid. (v)the amount payable to the landowner and each of the intermediaries after deducting the value of the encumbrances or the claims for maintenance or alimony. (5) If the landowner or intermediary is liable to pay any amount to the cultivating tenant under this Act, the Land Tribunal shall, in passing orders on the application for purchase, set off such amount against the purchase price payable to the landowner or the intermediary. (6) The Land Tribunal shall, as soon as may be, forward a copy of the orders under sub0-section (2) to the Land Board. 58.Purchase price payable in installments on in lump.— The purchase price determined under section 57 shall be payable in sixteen equal annual installments : Provided that where the purchase price is less than Rs.160, the number of installments shall be so fixed by the Land Tribunal that the amount payable in each installment shall not be less than Rs.10 : Provided further that it shall be open to the cultivating tenant to pay the entire purchase price in lump, in which case the amount payable shall be only seventy-five per cent of the purchase price. 59. Deposit of purchase price and issue of certificate of purchase.--(1) Where an application under section 54 has been allowed and the purchase price determined under section 57 by the Land Tribunal, the cultivating tenant shall deposit with the Land Tribunal to the credit of the Land Board,-- (i)Where the purchase price is proposed to be paid in lump, the entire amount due within one year ; or (ii) Where the purchase price is proposed to be paid in installments, the first installment thereof within * [six months.] from the date on which *[the order of the land Tribunal under section 57 has been become final :] *[Provided that the Land Tribunal may, on application by the cultivating tenant before the expiry of the said period of one year of six months, as the case may be, extend the period for making such deposit, so however that the period so extended shall not exceed three months.] * Inserted by Act 35 of 1969. * Substituted by Ibid. (2) On the deposit of the purchase price in a lump or of the first installment of such prices the Land Board shall issue a certificate of purchase to the cultivating tenant and thereupon the right, title and interest of the landowner and the intermediaries, if any, shall vest in the cultivating tenant free from all encumbrances with effect *[from the date of the application under section 54]. The certificate of purchase shall be conclusive proof of the purchase by the tenant of the right, title and interest of the landowner and intermediary, if any, over the holding or portion thereof. *[Explanation.--For the removal of doubts, it is hereby declared that on the issue of the certificate of purchase, the landowner or any intermediary shall have no right in the land comprised in the holding and all his rights including rights, if any, in respect of trees reserved for his enjoyment shall stand extinguished.] (3) Where a cultivating tenant fails to deposit the purchase price in a lump or the first installment thereof on or before the due date, the order of the Land Tribunal under section 57 shall stand cancelled and the cultivating tenant shall continue as cultivating tenant. (4) Where the purchase price is paid in installments, the second and subsequent installments shall be deposited in the Government treasury in the prescribed manner to the credit of the Land Board. *[60. Interest on defaulted installments.— If the second or any subsequent installment of the purchase price is not deposited on the due date, the amount of such installment shall bear interest at the rate of 41/2 per cent per annum from that date till the date of deposit of that installment. 61. Cultivating tenant to pay rent pending determination of purchase price.— (1) Notwithstanding the filing of an application under section 54, the cultivating tenant shall, pending the determination of the purchase price under section 55 or, where there has been as appeal against the determination of the purchase price, pending orders on such appeal, deposit with the Land Tribunal an amount equal to the rent which would have been payable by him on the dates on which such rent would have become due if the land were not purchased : *Inserted by Act 35 of 1969. * Substituted by Ibid. * Inserted by Ibid. Provided that the Land Tribunal may-- (a) On application by the cultivating tenant for sufficient reason, allow the applicant to make the deposit after the due date ; (b) Allow any cultivating tenant to deposit the balance amount, if any, where the amount deposited is found to be less than the amount of rent. (2) The Land Tribunal shall, after intimating the landlord, pay the amount deposited under sub-section(1) to the landowner and intermediaries, if any, as part payment of the purchase price on taking proper security in case it is found hat they are entitled to such amount. (3) The amount deposited under sub-section (1) shall be deducted from the purchase price payable by the cultivating tenant and he shall be liable to pay only the balance.] 62. Recovery of installments of purchase price on default.— For the purchase price payable by the cultivating tenant, there shall be the charge on the land to which the purchase relates, subject to the charges fir any dues payable to the Government Where the second or any subsequent installment is not deposited on the due date, the Land Board may, on application from any person entitled to the installment of the purchase price in default or any part thereof, pass an order directing the payment of the amount * [together with interest thereon ;] and the order of the Land Board may be executed through the court as if it were a decree passed by it : Provided that where the right, title and interest of the landowner or intermediary which is a religious, charitable or educational institution of a public nature have vested in the Government under Section 66, the installment of the purchase price in default or any part thereof due to the Government *[together with interest thereon] shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force. 63. Payment of purchase price, amount of encumbrance, maintenance or alimony.— (1) The purchase price payable to the landowner and the intermediaries shall be distributed by the Land Board according to the provisions of sub-section (2) to (9). (2) Where the right, title and interest of the landowner or the intermediaries are not subject to any encumbrance or change for maintenance or alimony the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries in the manner specified in sub-section (2) or sub-section (3), as the case may be, of section 56. *[ (3) Where the right, title and interest of the landowner or any intermediary in respect of a holding are subject to any encumbrance or charge for maintenance or alimony, the purchase price paid by the cultivating tenant shall-- (i) if there is no intermediary, be paid to the landowner after deducting the value of encumbrance or charge for maintenance or alimony ; (ii) if there is an intermediary or there are intermediaries, be apportioned among the landowner and the intermediary or intermediaries in the manner specified in sub-section (2) or sub-section (3), as the case may be, of section 56, and the value of the encumbrance, maintenance or alimony shall be deducted from the purchase price payable to the landowner or the intermediary or intermediaries as the case may be, and the balance amount shall be paid to the landowner or intermediary or intermediaries]. If the total amount of such encumbrance, maintenance or alimony is equal to or more than the amount of the purchase price payable to the landowner or the intermediary, the whole amount shall be reserved for payment to the holder of the encumbrance, or the person entitled to the maintenance or alimony and no amount shall be paid to the landowner or the intermediary, as the case may be. * [(4) * * * * ] * Inserted by Act 25 of 1971. * Substituted by Act 35 of 1969. (5) Where any amount has been deducted or reserved for payment to the holders of the encumbrances or the persons entitled to the maintenance or alimony, the same shall be paid in their order of priority to the persons entitled thereto. (6) Where the cultivating tenant pays the purchase price in installments, the amount of each installment shall be distributed in the manner specified above . The interest on the purchase price paid by the cultivating tenant shall also be paid to the landowner, intermediary, holder of the encumbrance or the persons entitled to the maintenance or alimony, as the case may be. (7) Where a person entitled to the purchase price or the value of the encumbrance, maintenance or alimony dies before it is paid to him, it shall be paid to his legal representatives. (8) Where the person entitled to receive the purchase price or the value of encumbrances is a private trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the purchase price or the value of encumbrances may, notwithstanding anything contained in any law, but subject to any general directions that the Government may give, be deposited for and on behalf of the person with such authority or bank as may be prescribed. (9) Where before any court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the purchase price or the amount of encumbrance or maintenance or alimony payable under this Act, the court or authority may require the Land Board to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of the court or authority. 64. Payment of purchase price to the landowner or intermediary to be full discharge.— The payment of purchase price or the value of encumbrance, maintenance or alimony to the landowner or intermediary or other persons entitled thereto in the manner specified in section 63 shall be a full discharge of the liability for payment of purchase price to the landowner and the intermediaries, and no further claims for payment of purchase price shall lie. *[65. Special provisions relating to religious, charitable or educational institutions of a public nature.— (1) Notwithstanding anything contained in sections 53 to 64, where in respect of a holding the landowner or the intermediary is a religious, charitable or educational institution of a public nature, such institution may, by application to the Land Board, choose whether the right, title and interest of the institution in respect of the holding should be vested in the Government in consideration of the payment of an annuity in perpetuity by the Government or whether it should be paid such annuity by the Government instead of purchase price in case the holding is purchased by the cultivating tenant under the provisions of this Act : Provided that no such application shall be entertained by the Land Board on or after the date notified by the Government under section 72. * [Explanation.--In this sub-section, the expression "institution of public nature" includes a public trust and a wakf.] (2) If any question arises as to whether an institution is a religious, charitable or education institution of a public nature, the question shall be decided by the Land Board after such enquiry as it deems fit, and its decision thereon shall be final. (3) The annuity payable to an institution in respect of a holding shall be,-- (a) Where such institution is the landowner, an amount equal to the rent to whichc it would be entitled if fair rent were determined in respect of the holding, after deducting 2 1/2 per cent thereof by way of collection charges ; (b) Where such institution is the intermediary, an amount equal to the difference between the rent due to such institution from its tenant and the rent for which such institution is liable to its landlord of it fair rent were determined in respect of the holding, after deducting 21/2 per cent of such difference by way of collection charges. Explanation I.--For the purposes of this sub-section, "fair rent" means the fair rent that would be determined under the provisions of this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969. Explanation II.--Where the rent payable to an institution is in kind, the annuity payable shall be commuted into money at the average of the prices of the commodity for six years immediately preceding the year in which the annuity is determined. 66. Procedure for vesting of rights of religious charitable or educational institutions in Government and for determination of annuity.— (1) An application under sub-section (1) of section 65 shall specify all the holdings in respect of which the institution desires to be paid annuity. (2) The application shall be in such form as may be prescribed. (3) On receipt of such application, the Land Board shall direct any Land Tribunal, or the Land Tribunals within whose jurisdiction the holdings specified in the application are situate, to determine the annuity payable to the institution. (4) Notwithstanding anything contained in sub-section (3), the Land Board shall have power to reject an application referred to in sub-section (1), at any time before the date of the notification under sub-section (9) if it is found that the institution is not a religious charitable or educational institution of a public nature or on any other ground to be recorded in writing : Provided that, before rejecting the application, the institution shall be given an opportunity of being heard. (5) On receipt of a direction under sub-section (3), the Land Tribunal shall, subject to such rules as may be made by the Government in this behalf, by order in the prescribed form, determine-- (a) the fair rent in respect of the holding under the provisions of this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969 ; (b) the annuity payable to the institution in respect of the holding ; (c) where the right, title and interest of the institution in respect of the holding form security for any encumbrance, the amount of the encumbrance and, where there are more encumbrances than one, the order of priority of each of such encumbrances ; and (d) such other matters as may be prescribed. (6) The annuity determined under sub-section (5) shall be paid,-- (a) in the case of a holding included in a notification under sub-section (9), from the date specified in that notification; (b) in the case of a holding, the right, title and interest of the landowner and intermediaries in respect of which have been purchased by the cultivating tenant, from the date on which the right, title and interest of the institution in respect of its other holdings have vested in the Government under sub-section (9) or section 72, whichever is earlier ; (c) In the case of any other holding, from the date notified under section 72 . (7) The fair rent in respect of a holding determined under sub-section (5) shall, subject to the provisions of sections 102 and 103, be the fair rent for the purposes of section 72 A and 72 D. (8) As soon as may be after the determination of the annuity under sub-section (5), The Land Tribunal shall forward a statement in the prescribed form together with a copy of the order under that sub-section, to the Land Board and the Land Board shall have the power to return such statement to the Land Tribunal for the purpose of correcting patent mistakes or errors apparent on the face of the record. (9) As soon as may be after the determination of the annuity in respect of all holdings specified in the application under sub-section (1) of section 65 (other than holdings in respect of which certificates of purchase have been issued), the Government shall issue a notification in the Gazette declaring that the right, title and interest of the institution in respect of such holdings shall vest in the Government with effect from a date to be specified in the notifications, and all such right, title and interest shall accordingly vest in the Government free from all encumbrances. 67. Payment of annuity.— The Government shall pay the annuity payable to the institution every year in perpetuity on such date or dates and in such manner as may be prescribed : Provided that no annuity in respect of a holding shall be paid if the purchase price in respect of that holding has been paid, or deposited in pursuance of sub-section (8) of section 63 : Provided further that where the right, title and interest of the institution are subject to any encumbrance on the date on which such right, title and interest have vested in the Government,-- (i)the value of the encumbrance shall be paid to the holder of the encumbrance ; and (ii) if there are more than one encumbrance, sixteen times deducted from the annuity and the balance, if any, alone shall be paid to the institution. Provided also that where the value of encumbrance is more than sixteen times the annuity,- (i)if there is only one encumbrance, sixteen times the annuity shall be paid to the holder of the encumbrance; and (ii) If there are more than one encumbrance, sixteen times the annuity shall be paid to the holders of the encumbrances in their order of priority, and in either case, no amount by way of annuity shall be payable to the institution. 68. Vesting of the rights of religious, charitable or educational institution in the Government not to operate as bar to the purchase of landlords rights by cultivating tenants.— The filling of an application by a religious, charitable or educational institution of a public nature under sub-section (1) of section 65 or the vesting of the right, title and interest of the institution in the Government under sub-section (9) of section 66 shall not affect the right of the cultivating tenant to purchase such right, title and interest in accordance with the provisions of sections 53 to 64. 69. Government entitled to purchase price in certain cases.— Where the right title and the interest of a religious, charitable or educational institution of a public nature in respect of a holding are purchased by the cultivating tenant and the institution has, under sub-section (1) of section 65, expressed its choice for annuity instead of purchase price in respect of that holding, the Government shall, notwithstanding any order of any court or Land Tribunal, be entitled subject to the provisions of section 70, to the purchase price payable to the institution. 70. Institution entitled to rent for certain period.— Where the right, title and interest of a religious, charitable or educational institution of a public nature in respect of a holding are purchased by the cultivating tenant and the institution is entitled to annuity in respect of that holding, the institution shall also be entitled from and out of the purchase price to an amount equal to the rent to which it would have been entitled for the period commencing on the date of application for purchase by the cultivating tenant and ending with the date on which the institution is entitled to annuity, if fair rent has been determined for the holding under this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969, after deducting any amount received by the institution under sub-section (2) of section 61. 71. Tenant holding under institution to continue as tenant under the Government.— (1) Where a cultivating tenant does not apply for the purchase of the right, title and interest in respect of his holding vested in the Government under sub-section (9) of section 66, the tenant holding directly under the religious, charitable or educational institution of a public nature shall continue as tenant under the Government. (2) The rent payable by such tenant to the Government shall, on default, be recoverable as an arrear of land revenue under the Revenue Recovery Act for the time being in force.] *[72. Vesting of landlords' rights in Government.— (1) On a date to be notified by the Government in this behalf in the Gazette, all right, title and interest of the landowners and intermediaries in respect of holdings held by cultivating tenants (including holders of kudiyiruppus and holders of karaimas) entitled to fixity of tenure under section 13 and in respect of which certificates of purchase under sub-section (2) of section 59 have not been issued, shall, subject to the provision of this section, vest in the government free from all encumbrances created by the landowners and intermediaries and subsisting thereon the said date : * Substituted for section 72 by Act 35 of 1969. Provided that nothing contained in this sub-section shall apply to a holding or part of a holding in respect of which an application for resumption under the provisions of this act is pending on such date before any court or tribunal or in appeal or revision. (2) Where in the case of a holding or part of a holding mentioned in the proviso to sub-section (1), the order rejecting the application for resumption, either in part or in full, has become final, the right title and interest of the landowner and the intermediaries, if any, of the holding, as the case may be, in respect of which resumption has not been allowed shall with effect from the date on which the application for resumption has branches created by the landowner and the intermediaries, if any, and subsisting thereon on the said date . (4) Where in the case of a holding or part of a holding, the landowner or an intermediary is a minor or a person of unsound mind or a member of the Armed Forces or a seaman or a legal representative of any such member or seaqman, or asmall holder, the right, title and interest of the landowner and intermediaries if any, of the holding or part of the holding as the case may be in respect of which resumption has not been allowed shall, with effect from the date on which the application for resumption has been finally rejected, west in the Government free from all encumbrances created by the landowner and the intermediaries, if any, and subsisting thereon on the said date. (a) On the expiry of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, or on the date notified under sub-section (1), whichever is later, in cases where no application for resumption of the holding or part of the holding has been preferred ; (b) In any case where application for resumption has been preferred, on the date on which the order rejecting such application, either in part or in full, has become final or on the date notified under sub-section (1), whichever is later. (6) Where an intermediary has resumed any land under the provisions of this Act, the right title, and interest of the landowner and the other intermediaries, if any, in respect of the said land shall vest in the Government free from all encumbrances created by the landowner and the other intermediaries with effect from the date of resumption or the date notified under sub-section (1), whichever is later. 72.A. Compensation to landlords for vesting of their rights in Government.— (1) Every landowner and intermediary whose right title, and interest in respect of any holding have vested in the Government under section 72 shall be entitled to compensation as provided in sub-section (2), (3) and (4). (2) The compensation payable to the landowner and intermediaries under sub-section (1) shall be aggregate of-- (a) sixteen times the fair rent of the holding or part thereof, the right, titled and interest in respect of which have vested in the Government ; (b) the value of structures, wells and embankments of a permanent nature belonging to the landowner and the intermediaries if any ; and (c) one-half of the value of timber trees belonging to the landowner and the intermediaries, if any : Provided that where the aggregate of the value of structures wells and embankments and one-half of the value of the timber trees, referred to in clauses (b) and (c) exceeds sixteen times the fair rent in respect of the holding or part thereof, as the case may be, such aggregate value shall, for the purpose of calculating the compensation under this sub-section, be limited to sixteen times such fair rent. Explanation I.--For the purposes of this section and section 72 D, "fair rent" means the fair rent under this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969. Explanation II.--For the purposes of this section, where the rent is payable in kind, the money value of the rent shall be commuted at the average of the prices of the commodity, for the six years immediately preceding the year in which the right, title and interest of the landowner and the intermediaries have vested in the Government, and in calculating the average of the prices, the prices, if any , published under section 43 may also be taken into account. (3) Notwithstanding anything contained in sub-section (2), where the total compensation due to a landlord in respect of holdings held by cultivating tenants, after deducting the value of encumbrances and claims for maintenance or alimony, is more than twenty thousand rupees, the compensation payable to such landlord shall be limited to the amount specified in the Table below : TABLE Scale of Compensation Total amount of compensation Rate On the first of Rs.20,000 100 per cent On the next Rs.10,000 95 per cent On the next Rs.10,000 90 per cent On the next Rs. 10,000 85 per cent On the next Rs. 10,000 80 per cent On the next Rs. 10,000 75 per cent On the next Rs. 10,000 70 per cent On the next Rs. 10,000 65 per cent On the next Rs. 10,000 60 per cent On the next t Rs. 10,000 55 per cent On the next Rs. 10,000 and above 50 per cent. (4) Where the landowner or intermediary of a holding or part of a holding is entitled to receive fifty per cent of the compensation in respect of that holding or part in a lump under section 72 H, the compensation payable to such landowner or intermediary s the case may be, in respect of that holding or part shall, subject to the provisions of sub-section (3), be 75 per cent of the amount calculated under sub-section (2). 72.B. Cultivating tenants right to assignment.--(1) The cultivating tenant of any holding or part of a holding, the right, title and interest in respect of which have vested in the Government under section 72, shall be entitled to assignment of such right, title and interest : Provided that-- (a) no cultivating tenant shall be entitled to assignment of the right, title and interest in respect of any holding or part of a holding under this section if he, or if if he is a member of a family, such family owns an extent of land not less than the ceiling area ; (b) where the cultivating tenant or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceiling area, he shall be entitled to assignment of the right, title and interest in respect of only such extent of land as will, together with the land, if any, owned by him or his family, as the case may be, be equal to the ceiling area. Explanation.--In calculating the extent of land owned by the cultivating tenant or, where he is member of a family, by such family, for the purposes of clauses (a) and (b) of the foregoing proviso, the portion of the land owned by such cultivating tenant or by the family, which is liable to be assigned to the cultivating tenants holding under him or such family, shall not be taken into account. (2) The provisions of section 82 shall, so far as may be, apply to the calculation of the ceiling area for the purposes of the proviso to sub-section (1) : |