The Kerala Agrarian Relations Act, 1960 Complete Act - Bare Act

Pub. in K.G. Ex. No. 9 dt. 3-2-1961)
THE KERALA AGRARIAN RELATIONS ACT, 1960

An act to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala.

Whereas it is expedient to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala;

Be it enacted in the Eleventh Year of the Republic of India as follows:-

(1) This Act may be called the Kerala Agrarian Relations Act, 1960.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be appointed for different provisions of this Act. (Ss. 1 to 40, 57, 58, 60, 74 to 79, 81 to 95 came into force w.e.f 15-2-1961 as per Noti. pub. in K.G. Ex. dt. 15-2-1961.)

In this Act, unless the context otherwise requires,-

(1) ˜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 puncha and 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:

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 dates as he may deem fit as an agricultural year;

(3) "ceiling area" means the area of land specified in section 58 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, less the enclaves absorbed in the Malabar district under the Provinces and States (Absorption of Enclaves) Order, 1950; and

(ii) the enclave which formed part of the Malabar District absorbed in the State of Travancore-Cochin under the said Order;

(5) "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;

(6) "cultivate" with its grammatical variation 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;

(7) ˜customary dues' means anakazhcha, ulsavakazhcha, a perunnal-kazhcha or aradiantharam or the like, due annually or periodically on specific dates or at periodical intervals, or on the happening of any event or on the occassion of any festival, specified or not, but does not include rent or michavaram specified as such in the contract of tenancy;

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

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

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

(ii) one and a half acres of single crop nilam;

(iii) two acres of

(a) pepper garden;

(b) orange orchards and graft mango orchards;

(c) paramba, other than that principally used for growing cashewnut trees;

(d) plantation; or

(e) palliyal land; and

(iv) two and a half acres of-

(a) paramba principally used for growing cashew-nuts trees; or

(b) tharisu land;

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

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

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

Explanation."

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

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

(14) "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, paramba or tharisu means the normal produce of that garden, paramba or tharisu.

(15) "holding" means a parcel or parcels of land held under a single transaction by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate holding.

Explanation."

Where by act of parties or by operation of law, the interest of the tenant in his holding has been served, splitting up the holding into two or more parts, before the commencement of this Act, each such part shall be deemed to be a separate holding. But the rights of the landlords to recover proportionate rent and to exercise the right of resumption, if any, shall not be affected thereby;

(16) the term "improvement" shall have the meaning assigned to it under the Kerala Compensation Tenants Improvements Act, 1958;

Notes:- Section 2 (b) of Act 29 of 1958 defines improvement as follows "Improvement means any work or product of a work which, add to the value of the holding, is suitable it and consistent which the purpose for which the holding is let, mortgaged or occupied but does not include such clearances, embankments Levelling, enclosures, temporary wells and water channels as are made by the tenant in the ordinary course of cultivation and without any special expenditure or any other benefit accruing to land from the ordinary operations of husbandry".

(17) "intermediary" means any person who, a landowner or mortgagee, 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 otherwise than by way of mortgage;

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

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

(b) the liability of the transferor to pay to transferee interest on such consideration unless otherwise agreed to by the parties; and

(c) payment of mischavaram, or customary dues on renewal on the expiry of any specified period,

and, in areas in the State other than Malabar, includes such transfer of interest in specific immovable properly which is described in the document creating the transaction as Otti, Karipanayam, Panayam, Nerpanayam or by any other name and which has the incidents specified in items (a) and (b) above and also the following incidents:-

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

(ii) payment of customary dues;

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

Explanation."

For the purpose of this clause, in a case where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document;

(19) "kanam-kuzhikanam" means and includes a transfer by a landlord to another (called the ˜kanam-kuzhikanamdar') of garden lands or of other lands or of both, with the fruit-bearing trees, if any, standing thereon at the time of the transfer for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, 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 ˜kanartham'; and

(b) the liability of the transferor to pay to the transferee interests on the kanartham unless otherwise agreed to by the parties;

(20) "Kudikidappukaran" means a person who has no homestead or land, either as owner or as tenant in possession, to erect a homestead and-

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

(ii) 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, but otherwise has no interest in the 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 shall not be deemed to be a Kudikidappukaran if the aforesaid permission was granted after the 11th day of April, 1957, by a mortgaging possession or by a tenant from whom the land in which the kudikidappu is situate is liable to be resumed.

Provided further that a person shall not be deemed to be a Kudikidappukaran if the aforesaid permission was granted in respect of any hut not belonging to him and situated.

(a) in a plantation; or

(b) in any area of land which is appurtenant to a mill, factory or workshop,

and in connection with the employment of such person in the plantation, mill, factory or workshop, unless he was, immediately before the commencement of this Act, entitled to the rights of a Kudikidappukaran or the holder of a protected Ulkudi or Kudikidappu under any law.

Explanation

I.--

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

Explanations II.-- Any person who was in occupation of a kudikidappu on the 11th day of April, 1957, and who continued to be in such occupation at the commencement of this Act shll be deemed to be in occupation of such Kudikadappu with permission as required under this clause.

Explanation III.-- Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu right shall revive on the redemption of the mortgage, provided that he has at the time of the redemption no homestead or land, either as owner or as tenant in possession to erect a homestead;

Notes.-- The second provision was included as per the directive of the President of India. The laws in force immediately before the commencement of this Act are the T.C. Prevention of Eviction of Kudikadappukars Act, 1955 in the erstwhile State of Travancore-Cochin and the Malabar Tenancy Act, 1929 in the erstwhile district of Malabar. As per the Malabar Tenancy Act the person entitled to possession can give permission. But as per the T.C. Act the permission is to be given by the owner.

(21) "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;

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

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

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

(i) a trustee in respect thereof;

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

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

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

(v) a tenant holding directly under the Pattazhi Devaswom.

Explanation."

"Pattazhi Devaswom" means the Pattazhi Devi Temple in Pattazhi Village of Pathanapuram Taluk of the State of Kerala;

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

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

(27) "Licensee" means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreement, cultivates that nilam with paddy for a fixed remuneration and with the risk of cultivation, but does not include a person who so cultivates the nilam of another merely as an agent or servant.

Explanation."

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

(28) "Malabar" means the Malabar district refereed to in sub-section (2) section 5 of the States Reorganisation Act, 1956;

(29) "michavaram" means whatever is agreed by a kanamdar to be paid periodically as resudial rent, in money or in kind or in both to, or on behalf of, the landlord, but does not include customary dues;

(30) "net income" means income derived from any property after deducting therefrom the cultivation expenses maintenance charges and taxes and ceases due to the Government or any local authority;

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

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

Provided that the normal produce 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 the case of any nilam registered as double crop nilam in the registers of Government, 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 lands if they have been so converted at the land lord's expense.

Explanation:-

In ascertaining the normal produce in areas where the Malabar Tenancy Act 1929, was applicable the yield of the second crop shall be deemed to be half of that of the principal crop which shall be deemed to be the first crop;

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

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

(a) a trustee in respect thereof;

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

(35) "Palliyal land' means land which is used ordinarily for raising seedlings of paddy and includes land so used and known as Pallimanyil, Myal, Potta, Njal, Njattadi or benanettu;

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

(37) "pay" with its grammatical variations includes deliver;

(38) "person" shall include a company, family, association or other body of individuals whether incorporated or not and any institution capable of holding property;

(39) "plantation" means any land used by a person principally for the cultivation of tea, coffee, rubber or cardamom or such other kind of special crops as may be specified by the Government by notification in the Gazette, and includes

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

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

(c) agricultural land interspersed within the boundaries of the area cultivated by such person with such crops, not exceeding such extent as may be determined by the Land Board as necessary for the protection and efficient management of such cultivation.

Explanation I."

Lands used for the construction of office buildings go downs, factories, quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a).

Explanation II."

If any question arises, as to whether any land is in the vicinity or within the boundaries of the area cultivated for the purpose of sub-clause (b), or whether it is reversed and fit for the expansion of cultivation, it shall be determined by the Land Board;

Notes.-- The definition of plantation has been recast as per the directive of the President of India.

(40) "possession" in relation to land includes occupation of land by a varomdar licensee, odacharthudar or a person claiming under an odachathudar referred to in section 4 or kumri or punam cultivator;

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

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

(43) (i) "punam or kumri cultivation" means figurative or intermittent cultivation of paddy on tharisu lands in Malabar;

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

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

(45) "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 michavarom but does not include customary dues;

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

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

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

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

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

(a) an intermediary;

(b) a verumpattamdar of any description;

(c) a kanamdar;

(d) a kanam-kuzhikanamdar;

(e) a kuzhikanamdar;

(f) a punam or kumri cultivator;

(g) a licensee in Kuttanad Taluk;

(h) a varomdar;

(i) an odacharthudar or any person claiming under an odacharthudar referred to in section 4;

(j) the holder of a kudiyiruppu;

(k) a vechupakuthidar

(l) the holder of a chalgeni lease; and

(m) a mulgenider

but shall not include a person holding land under a transaction known as Irikkipanayam.

Explanation I.-- Where in a document a person is described as a ˜Sambala-pattomdar', ˜Sambalachitudar' or ˜Coolipattomdar' in respect of any paddy land situate in Palaghat district he shall be presumed to be a tenant:

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

Explanation II."

For the purpose of this sub-clause any person who on the 11th day April 1957, was continuously in occupation of the land of another situate in Malabar, for not less than two years bona fide believing himself to be a tenant and continued to be in occupation of such land at the commencement of this Act shall be deemed to be a tenant.

Explanation III."

For the purpose of this sub-clause ˜holder of chalgeni lease' means a lessee or sub-lessee of specific immovable property situate in the Taluk of Hosdurg or Kasargode, who has contracted, either expressly or impliedly, to hold the same under a leave whether for a specified period or not.

Explanation IV."

For the purpose of this sub-clause, any person who at the commencement of this Act continues in cultivation of any nilam by virtue of the provisions of Section 6 of the Kerala Stay of Eviction Proceeding Act 1957, shall be deemed to be a varomdar, notwithstanding the expiry of the term fixed under the varom arrangement;

(ii) "cultivating tenant" means a tenant who actually cultivates the land comprised in his holding

Explanation."

Where a tenant cultivates only a portion of the land comprised in a holding he shall be deemed to be the cultivating tenant in respect of that portion;

(51) "tharisu" means cultivable land which is not a nilam, garden, paramba or palliyal land;

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

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

(54) "varom" means an arrangement between the varomdar and the owner or other person in lawful possession of any nilam for the cultivation of paddy and sharing of the paddy produce and includes the arrangements known as pathivarom, pankuvaram, or pankupattom;

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

(56) "vechupakuthy" means a transaction where under a landowner transfers the possession of land to another (called the vechupakuthidar) with the following stipulation:-

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

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

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

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

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

(57) (i) "verumpattomdar" means a lessee or sub-lessee of immovable property whether called verumpattamdar, or venpattamdar, who has expressly or impliedly contracted to hold the same under a lease with or without security for rent and includes a tharikuthukaran in Palaghat district but does not include a kanamdar, kanamkuzhikanamdar; or Kuzhikanamdar;

(ii) "customary verumpattamdar" means any verumpattamdar 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 continues then on after the termination of that period, for a further period, a renewal fee had to be paid to the landlord as an incident of the tenure;

(iii) "mulgeni" means a tenancy in perpetuity at a fixed in variable rent created in favour of a person called the Mulgenidar.

Nothing in this Chapter shall apply to-

(i) lease of land or of buildings 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 any other authority notified by the Government in this behalf:

Provided that leases over land escheated to the Government shall not be deemed to be leases of land belonging to or vested in the Government, if such leases subsisted at the time of the escheat and continued to be in force at the commencement to this Act; or

(ii) leases 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 purpose of this clause; or

(iii) lease 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 granted by the Administrator-General or the Official Trustee or an Official Receiver or Officer appointed by a court under the provisions of any law or by any person holding under or deriving title from any of the officers aforesaid; or

(v) tenancies in respect of land or of buildings or of both created by mortgagees in possession or by persons deriving title from such mortgagees.

Provided that nothing in this clause shall apply to tenancies created by mortgagees in possession, in respect of lands situate in that portion of Malabar where the Malabar Tenancy Act, 1929, was not in force immediately before the commencement of this Act, if the tenants were in continuous possession of such lands for a period of five years ending with the 14th day of April 1959; or

Notes.-- The Malabar Tenancy Act was in force only in the erstwhile district of Malabar and certain villages in the Kasargod Taluk which are mentioned in the schedule to the said Act. Now certain areas of the Kasargod Taluk are in the Taluk of Hosdurg.

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

Explanation."

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

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

(vii) leases of private forests:

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

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

Provided that the provisions of this chapter, other than Sections 41 to 55 both inclusive, shall apply to tenancies in respect of agricultural land which are treated as plantations under sub-clause (c) of clause (39) of section 2,

(ix) lands transferred for felling trees; or

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

Notes."

Section 21 of the Malabar Tenancy Act gives fixity of tenure to every cultivating verumpattamdar, every customary verumpattamdar, every kanamdar, every kanamkuzhikanamdar, every kuzhikanamdar, tenant of kudiyiruppu, and every holder of a protected ulkudi or a kudikidappu, subject to the provisions of Section 23 and 25 of the said Act. These Section enumerate the grounds of eviction. Section 4 of the Cochin Verumpattomdars Act 1118 grants fixity of tenure to every verumpattomdar subject to the provisions contained in Section 8 of the said Act. Explanation 2 to section 7(3) of the Hindu Succession Act, 1956 state that the devolution of sthanam properties under sub-section (3) and their divisions among the members of the family and the heirs shall not be deemed to have conferred upon them in respect of immovable properties any higher rights than the sthanamdar regarding eviction or otherwise as against tenants who were holding such properties under the sthanam. This explanation was added by Kerala Act 28 of 1958. Section 41 to 55 of the Act deal with the vesting in Government of Landlords rights in land held by tenants and assignments of such rights to tenants.

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

Where on or after the 11th day of April, 1957, a tenant holding land less in extent than the ceiling area has executed a deed surrendering his leasehold right to the landlord, but has not actually transferred possession of the land to the landlord, such deed shall be deemed to be invalid and the tenant shall continue as tenant.

Notes:-

11th April 1957 is the day on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. The word tenant is defined in Section 2 (50). Section 58 of the Act specifies the ceiling area.

Notwithstanding anything contained in any law, custom, usage or contract, or in any decree or order of court, to the contrary, every tenant shall have fixity of tenure in respect of his holding and no land from the holding shall be resumed except as provided in this Act. (2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a land lord serving in the Armed Forces if the tenancy was created by such landlord within a period of three months before he was recruited to the Armed Forces or while he was serving as a member of the Armed Forces;

Provided that no land from such tenant shall be resumed except at the end of an agricultural year or before the expiry of the period fixed in the contract of tenancy:

Provided further that such tenant shall be deemed to have fixity of tenure in respect of his holding if such landlord has not claimed resumption of the land comprised in the holding within one year from the date on which he ceases to be serving member of the Armed Forces or within a period of one year from the commencement of this Act or within one year from the expiry of the period of tenancy, whichever period expires last:

Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure under the Malabar Tenancy Act, 1929, or the Cochin Verumpattamdars Act VIII of 1118.

Notes.-- The rights conferred on tenants by this Section are subject to special provisions regarding small holders contained in section 18 if the tenant is holding under a small holder. The grounds for which the land can be resumed and the conditions and restrictions of resumption are given in section 10 of the Act Section 95 (5) also deals with resumption. Section 9 gives an opportunity to persons interested in land to prove that he is a tenant entitled to fixity of tenure as per section 6.

Notwithstanding anything contained in any law or contract or in any decree or order of court, where a person who commenced cultivation of any nilam under a varom arrangement and who contained to cultivate it even after the expiry of the term of the varom arrangement, was evicted after the 11th day of April 1957, from the nilam in pursuance of a decree or order of court shall, subject to the provisions of the section 8 be entitled to be restored to the possession of the nilam.

Notes:-

11-4-1957 is the date on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. Only varamdars of nilams are given the benefit Section 78 provides for the restoration in the case of lease for commercial or industrial purpsoses under certain circumstances.

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

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

(3) Any person aggrieved by an order passed by the Land Tribunal under this section may appeal against the order within such time as may be prescribed to the Court of the District Judge having Jurisdiction over the area in which the holding is situate. The decision of the court on such appeal shall be final subject to the provisions of Section 76.

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

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

(1) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act 1 of 1872), or in any other law for the time being in force, any person interested in any land situate in Malabar may plead, adduce evidence and prove that a transaction purporting to be a Mortgage, Otti, Karipanayam, Panayam or Nerpanayam of that land is not in fact such a transaction but a transaction by way of kanam, Kanamkuzhikanam, Kuzhikanam, verumpattam or other lease, under which the transferee is entitled to fixity of tenure in accordance with the provisions of section 6 and to the other rights of a tenant under this Act.

(2) Where under the last foregoing sub-section the court holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 6, it shall be lawful for the court to pass a decree 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.

(1) The land comprised in a holding may be resumed on the grounds and subject to the conditions and restrictions hereinafter specified.

(2) For extension of Places of public religious worship.-- A trustee or owner of a place of public religious worship may resume for a tenant of such public religious worship may resume from a tenant of such public religious institutions whole or any portion of the 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 do needed.

(3) For building purpose.-- A landlord may resume from a tenant the holding or any portion of the holding when the same is needed bona fide for the purposes of constructing a building for the residence of himself or of any member of his family.

Provided that-

(a) no landlord shall be entitled to resume any land so as to reduce the extent of the holding in the possession of the tenant below 20 cents; and where the resumption would reduce the extent of the holding in the possession of the tenant below one acre, the landlord shall not resume more than 20 cents; and

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

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

(ii) by two or more joint or co-landlord shall not exceed 50 cents;

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

(4) For self-cultivation-

(a) A landlord who does not own land in excess of the ceiling area requiring the holding bona fide for cultivation by him or by any member of his family \ may resume from the tenant having in his possession, or where he is a member of a family, in the possession of the members of his family including himself, land in the aggregate exceeding the ceiling area, the whole or any portion of the holding so as not reduce the extent of the land in the possession of the tenant or in the possession of the members of his family in the aggregate, as the case may be, below the ceiling area, nor to raise the extent of the land in the possession of the landlord above 5 acres of double crop nilam or its equivalent.

Provided that in no case shall the landlord be entitled to resume under this sub-section more than half the extent of the land in excess of the ceiling area in the possession of the tenant that would be liable to be surrendered if section 61 were to apply.

(b) A landlord, who does not own more than ten acres of double crop nilam or its equivalent, and who holds only less than five acres of such land, requiring the holding the bona fide for cultivation by him or by any member of his family, may resume from his varomdar a portion not exceeding one-half of the area demised by him, so however as not to raise the extent of land in his possession above five acres of such land.

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

(a) if such holding is necessary for the purposes of the plantation; or

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

Provided that a cultivating tenant whose holding is resumed under clause (a) or clause (b) shall be entitled to be paid a solatium by the landlord calculated in the manner specified below:-

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

(i) where resumption is under Clause (a), an amount equal to three years net income of the holding

(ii) where resumption is under clause (b) an amount equal to three years net income of the holding less the amount of loss consequent on the waste

(b) if such tenant is entitled to be paid compensation under the Kerala Compensation for Tenant Improvements Act, 1958-

(i) where such compensation payable is less than the solatium payable under sub clause (i) or sub clause (ii) of clause (a), as the case may be, the difference between such compensation and the solatium so payable;

(ii) where such compensation is equal to or more than the solatium payable under sub clause (i) or sub-clause (ii) of clause (a), as the case may be, no solatium shall be payable but the amount of any loss consequent on the waste shall be liable to be deducted from out of the compensation payable where resumption is under clause (b).

Provided further that the right of resumption under clause (a) shall be exercisable only at the end of an agricultural year and only at the expiry of the period of contract of tenancy.

(6) (i) Notwithstanding anything contained in sub-section (2), (3) and (4), no kudiyirippu shall be resumed;

(ii) Notwithstanding anything contained in sub-section (3) and (4), no land from a tenant shall be resumed under the said sub-section by a Sthani or by his successor in the interest in that holding, or by the trustee or owner of any place of public religious worship or of any other public religious or charitable institutions or endowment.

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

(i) in respect of a tenancy 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 a minor or a person subject to any mental or physical disability the right to resume land may be exercised-

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

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

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

(iii) the right of resumption shall be exercisable only at the end of an agricultural year;

(iv) a cultivating tenant whose holding is resumed shall be entitled to be paid as solatium by the landlord an amount equal to one year's rent in cases where the cultivating tenant is not entitled to compensation under the Kerala Compensation for Tenant's Improvements Act, 1958.

Explanations."

Where only a portion of the holding is resumed, the solatium payable shall be proportionately reduced.

(8) A land lord desiring to resume and land shall apply to the Land Tribunal within whose jurisdiction the land is situate for an order for resumption.

(9) In an application under sub-section (8) all persons who have interested in the land including a kudikidappukaran shall be made parties. Each such party may put forth and establish his objections to, or claims for, resumption, value of improvements, arrears of rent or any other matter in regard to the land sought to be resumed and the Land Tribunal shall adjudicate such objections and claims and pass orders settling the rights of such party and specifying the person entitled to resumption.

(10) Where the Land Tribunal finds that the resumption sought may be allowed, it may pass an order allowing resumption specifying the extent and the location of land, the rent payable in respect of the portion, if any, that would be left after resumption and such other particulars as are deemed necessary, and directing the landlord to make payments to extinguish the rights of the cultivating tenant and intermediaries if any, who would be affected by such resumption. Where any land is resumed all the rights of the cultivating tenant and such intermediaries, in respect of the land shall stand extinguished.

(11) Any person aggrieved by an order passed by the Land Tribunal under sub-section (10) may appeal against the order within such time as may be prescribed to the Court of the District Judge having Jurisdiction over the area in which the holding is situate. The decisions of the Court on such appeal shall be final subject to the provisions of section 76.

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

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

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

(b) Kanomdar;

(c) Owner.

Explanation.-- Where a landlord who has preferential right for resumption does not demand resumption the landlord next in the order of priority shall be entitled to resumption.

Notes:- This is one of the most important provision of the Act. Resumption is allowed for extension of places of public religious worship, for building purposes and for self cultivation. Sub-section (5) makes certain special provisions for plantations. As per this sub-section acts of waste is also a ground for resumption though it is not so in the case of lands other than plantations. Over and above the rights given by this section a small holder is entitled to the benefits of the special provision contained in section 18. The Devaswom Verumpattamdar (Settlement) Proclamation 23 of 1118 gives fixity to all pattadars. Please also see note under Section 8. Section 61 provides for the surrender of excess lands on the notified date.

(1) In any case in which any land has been resumed on the ground specified in sub-section (2) or sub-section (3) of section 10, if within three years of such resumption, the person resuming the land fails to extend the place of public religious worship or to construct the building for the extension or construction of which the land was resumed or transfers any of the lands resumed, to any person on kanam, kanam-kuzhikanam, kuzhikanam or verumpattam, or lease of any other kind the cultivating tenant shall subject to the provisions of section 1, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant.

(2) The provisions of sub-sections (9), (10), (11) and (12) of section 10 shall, as far as may, be applicable to the form and procedure in regard to the application for restoration and the right of appeal against and the manner of execution of the orders for restoration.

An application for restoration under sub-section (1) of section 11 shall be made within one year from the date of the transfer by the person resuming the land if the application is based on that ground and within four years after the resumption in other cases.

(1) Where restoration of any land resumed is ordered under section 11, the cultivating tenant shall hold the land directly under the landlord from whom restoration has been ordered and the rights of intermediaries extinguished under sub-section (10) of section 10 shall not revive.

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

(i) the amounts paid by such person to the cultivating tenant and to the intermediary, if any, towards the value of the 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 solatium 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.

(1) The rates of normal rent in respect of any class of land specified in column (2) of Schedule 1 shall not exceed maximum nor shall it be less than the minimum specified against it in columns (3) and (4) thereof respectively.

(2) Subject to the provisions of sub-section (4), the Government may, by notification in the Gazette, fix the rates of normal rent applicable to lands in any local area subject to the maxima and minima specified in Schedule 1. In fixing such rates the Government shall take into account the local conditions regarding tenure, the law prevailing in that area immediately before the commencement of this Act and any other special consideration.

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

(4) A draft of the notification proposed to be issued under sub-section (2) or sub-section (3) shall be laid before the Legislative Assembly for a period of ten days and the Legislative Assembly may approve the draft with or without modification or disapprove the draft during the period in which it is so laid. On the approval of the draft by the Legislative Assembly the Government shall published the notification, as approved, in the Gazette. If the Legislative Assembly does not-

(i) approve with or without modification, or

(ii) disapprove

the said draft during the period aforesaid it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.

The Government may by notification in the Gazette constitute for any area specified therein a Land Tribunal consisting of a sole member who shall be a judicial officer not below the rank of a Munsiffs or a Revenue Officer not below the rank of a Thahasildar for the purpose of performing the functions of a Land Tribunal under this Act.

Notes."

Section 81 provides for the delegation by the Land Board of any of its powers to the Land Tribunal.

(1) Any cultivating tenant may apply to the Land Tribunal for determining the fair rent in respect of the holding, the installments, if any, in which it shall be payable and the date or dates on which the such rent or the installments thereof shall be payable. The fair rent shall be the rent calculated at the rates applicable to the holding fixed by the Government under section 14 or the rent payable, immediately before the commencement of this Act, whichever is less:

Provided that in the case of land used principally for the cultivation of tea, coffee, rubber or cardamom or such other kind of special crops as may be specified by the Government by notification in the Gazette or used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for market, the contract rent shall be deemed to be the fair rent.

Explanation."

Where in respect of a holding, the fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immediately before the commencement of this Act shall, for the purposes of this sub-section, be deemed to be the rent which was payable under the contract of tenancy.

(2) Where the rent payable under the contract of tenancy is fixed in money, such rent shall, for the purpose of determining the fair rent, be computed in commodity at the average of the prices of such commodity for a period of six years immediately preceeding the date of the application under sub-section (1).

(3) Where it is necessary to ascertain the value of any commodity for the purpose of determining the fair rent, the value of such commudity shall, unless it has been specified in the document evidencing the contract of tenancy, be deemed to be the average of the prices of such commodity for a period of six years immediately preceeding the date of the application under sub-section (1).

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

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

(ii) if there is an intermediary, the rent payable to his landlord or to their respective landlord by such intermediary or intermediaries;

(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.

(5) Any person aggrieved by an order passed by the Land Tribunal under sub-section (4) may appeal against the order within such times as may be prescribed to the Court of District Judgement having jurisdiction over the area in which the holding is situate. The decision of the Court on such appeal shall be final subject to the provisions of section 76.

(6) The fair rent determined under sub-section (4) or sub-section (5), as the case may be, shall not be liable to alternation or revision except upon the application of the cultivating tenant for the reduction of the fair rent on any of the grounds specified in section 24;

Provided that where the rates of normal rent are varied by the Government by notification under sub-section (3) of section 14 it shall be lawful for the landlord or the cultivating tenant to apply for the revision of fair rent in the basis of the new rates.

Where in case the rent payable in respect of a holding has not been determined by the Land Tribunal, the landlord shall be entitled to receive and the tenant shall be bound to pay the rent that was payable immediately before the commencement of this Act:

Provided that where the fair rent has been determined in respect of a holding, the order determined the fair rent shall take effect from the date on which the tenant filed the application for such determination and any amount in excess of such fair rent, paid by the tenant to the landlords till the date of determination of the fair rent shall be adjusted towards the payment of the future fair rent or purchase price.

Explanations."

Where in respect of a holding, the, fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immediately before the commencement of this Act shall, for the purposes of this section, be deemed to be the rent which was payable under the contract of the tenancy.

(1) For the purposes of this Section ˜small holder' means a person who does not fall within either of the following categories, namely:-

(i) persons having more than ten acres of double crop nilam or its equivalent as landowner or intermediary, or partly as landowner and partly as intermediary or having an extent of landing one or both of the above capacities, which together with the extent of land in his possession as owner, or as tenant of land not subject to resumption under Section 10, will exceed ten acres of double crop nilam or its equivalent;

(ii) person having in possession more than five acres of double crop nilam or its equivalent as owner or as tenant of land not subject to resumption under Section 10, or partly as owner and partly as such tenant.

Provided that where a person had, in any one or more of the capacities mentioned in clause (i), land in the aggregate exceeding ten acres of double crop nilam or its equivalent, or in one or both of the capacities mentioned in clause (ii), land in possession in the aggregate exceeding five acres of double crop nilam or its equivalent, immediately before the 18th day of December, 1957, but on or subsequent to that date the extent of such land was reduced by a partition or transfer to the extent aforesaid or less, he shall not be deemed to be a small holder; nor shall such partition on transfer entitle the allottee or the transferee to exercise the rights conferred under this Section in respect of the land covered by the petition or transfer.

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

(a) such tenant holding under a small holder may, at his option,-

(i) elect to continue as tenant in respect of the entire holding or;

(ii) elect to purchase the entire land comprised in the holding;

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

Explanation."

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

(3) (a) Where a tenant elects to continue as tenant in respect of the entire holding under clause (a) (i) of sub-section (2) he shall pay to the small holder as rent for the land comprised in the holding 75 per cent of the contract rent or where fair rent has been fixed in respect of the holding under any law in force immediately before the commencement of this Act, such fair rent.

(b) Where a tenant elects to purchase the entire land comprised in holding under clause (a) (ii) of sub-section (2) he shall pay to the Land Tribunal in a lump in such manner as may be prescribed, a sum equal to 12 times the contract rent or where fair rent has been fixed under any law in force immediately before the commencement of this Act, 12 times such fair rent.

Explanation."

For purposes of this sub-section where in respect of a holding, the fair rent fixed under any law in force immediately before the commencement of this Act, is higher than the rent which was payable under the contract of tenancy the contract rent shall be deemed to be the fair rent fixed under any such law.

(c) Where a tenant surrenders one-half of the holding and retains the other half under clause (b) of sub-section (2).--

(i) for the improvements, if any, belonging to the small holder and the other landlords or their predecessors in interest, if any, in the land retained by the tenant the small holder shall be entitled to receive from the tenant such amount as compensation as he would have been entitled to under the Kerala Compensation for Tenants Improvements Act, 1958, if he were a tenant evicted from such land and if those improvements belonged to him;

(ii) for the improvements, if any, belonging to the tenant on the land surrender to the small holder the tenant shall be entitled to get from the small holder such amount as compensation as he would have been entitled to under the Kerala compensastion for Tenant Improvements Act, 1958, if he were evicted from such land;

(iii) the right, title and interest of the small holder and the other land lord, if any, over the land retained by the tenant shall, in consideration of the surrender of the rights of the tenant over the other half to the small holder, vest in the tenant free from all encumbrances created by the small holder and the other landlords, if any; and

(iv) the small holder shall pay to the other landlords, if any, compensation for the extinguishment of their right, title and interest over the land retained by the tenant. Such compensation shall be an amount equal to 12 times one-half of the rent payable by the small holder in respect of entire holding.

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

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

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

Provided that a small holder shall be entitled to required his tenant to surrender only an extent of land which, together with the land already in the possession of the small holder would not in the aggregate exceed five acres of double crop nilam or its equivalent.

(5) (a) Where on-half or any portion of the holding is surrendered to the small holder under clause (a) of sub-section (4), the tenant shall be entitled to receive from the small holder such amount as compensation for the improvements belonging to him as he would have been entitled to under the Kerala Compensation for the tenant Improvements Act, 1958, if he were evicted from such land.

(b) Where a tenant opts to continue as tenant in respect of the remaining portion under Clause (a) of sub-section (4), he shall be liable to pay to the small holder 75 per cent of the proportionate contract rent of such remaining portion or where fair rent has been fixed in respect of the holding under any law in force immediately before the commencement of this Act, such proportionate fair rent in respect of the remaining portion of the holding and where the tenant opts to purchase that portion under the said clause, he shall be liable to pay to the Land Tribunal in such manner, as may be prescribed, 12 times such proportionate contract rent or fair rent as the case may be as purchase price.

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

Explanations

I.--

For the purpose of this sub-section, in determining the rent payable by a varomdar the provisions of the clause (ii) of the Explanation to sub-section (1) of section 45 shall apply.

Explanation II.-- For the purposes of this sub-section, were in respect of a holding, the fair rent fixed under any law in force immediately, before the commencement of this Act is higher than the rent which was payable under the contract of tenancy the contract rent shall be deemed to be the fair rent fixed under any such law.

(6) Nothing in this section shall be deemed to take away from the small holder or restrict any of the rights or benefits under any other provisions of this Act to which he would be entitled if he were not a small holder.

(7) The purchase price payable under clause (b) of sub-section (5) by a tenant shall be paid in 12 equal annual installments as determined by the Land Tribunal with interest on each such installment at the rate of 41/2 per cent per annum from the date of purchase to the respective dates of payment.

(8) Within such time as may be prescribed, the tenant holding under a small holder or the small holder, as the case may be, may stating the option if any, exercised by him, apply in such form as may be prescribed, to the Land Tribunal to grant to relief he is entitled to. In such an application all persons who have any interest in the land including a kudikidappukaran shall be mad practice. Each such party may put forth and establish his objections and claims for value of improvements, compensation, purchase price, encumbrance, maintenance or alimony, arrears of rent, the rent payable or any other claim in regard to the land concerned and the Land Tribunal shall adjudicate such claims and pass order settling the rights of each such party. In passing orders regarding claims of intermediaries or claims for the encumbrance, maintenance or alimony, the Land Tribunal shall have regard to the provisions of sections 49, 50 and 54. An order passed by the Land Tribunal under this sub-section may be executed through the court as if the order were a decree passed by it.

(9) (a) The purchase price shall be a first charge on the land, subject to the charges for any dues payable to the Government and to any local authority and the installments due shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.

(b) On the payment of the purchase price in lump under sub-section (3) (b) or on the payment of the first installment of the same under subsection (5) (b), the Land Board, on intimation of the same from the Land Tribunal, shall issue a certificate of purchase in the prescribed form the tenant in respect of the land purchased and thereupon the land shall vest in the tenant free from all encumbrance. Such certificate shall be conclusive evidence of the purchase.

(c) Where a tenant has become the purchaser of any land under the provisions of this section, the rights of the small holder and other landlords, if any, in the land shall be extinguished for which they shall be entitled to compensation which shall be equivalent to the purchase price payable by the tenant. The compensation shall be apportioned among the small holder and the other landlords in proportion to the profit derived by each from the land.

The compensation shall be paid by the Land Board to them in cash where the purchase prices is paid in lump, and where the purchase price is payable in installments, the compensation shall be paid either in cash or in negotiable bonds redeemable in 10 years and carrying interest at the rate of 41/2 per cent per annum with effect from the date of purchase.

Explanation.-- For the purpose of this clause "profit derived from the land" shall mean, in the case of the landowner, the rent to which he is entitled and in the case of any other landlord, the difference between the rent due to him from his tenant and the rent for which he is liable to his landlord.

(d) Pending the determination of the purchase price under sub-section (3) or sub-section (5) or where there has been an appeal against the determination of the purchase price pending order on such appeal, the tenant shall 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. The Land Tribunal shall after intimating the Land Board pay such amount to the small holder and other landlords, if any, as part payment of the compensation on taking proper security in case it is found that they are entitled to such amount. The amount so paid by the tenant shall be deducted from the purchase price payable by him and he shall be liable to pay only the balance.

(10) Any person aggrieved by any order of the Land Tribunal under this section may appeal against such order within such times as may be prescribed to the court of the District Judge having jurisdiction over the area in which the land is situate. The decisions of the court on such appeal shall be final subject to the provisions of section 76.

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

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

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

(i) the kanamdar,

(ii) the kanamkuzhikanamdar,

(iii) the customary verumpattamdar, and

(iv) the landowner.

Where in respect of any land there are more landlords than one belonging to the categories mentioned above such rights shall be exercisable in the order of priority, the landlord nearer to the cultivating tenant excluding the more remote. The rights conferred by this section shall be exercised only once in respect of a holding.

Notes."

The rights conferred by this section shall be exercised only by the categories of landlords mentioned in sub-section (13). This section does not abridge the rights of a small holder. He is entitled to the rights and the benefits conferred by the other provisions of the Act also irrespective of the fact whether he is a small holder or not. For example he will be entitled to the rights of resumption of lands held by a tenant having fixity under section 10. As per Section 18 a small holder is one who does not own more than ten acres of double crop nilam or its equivalent or who does not possess more than five acres of double crop nilam or its equivalent. Section 34 provides that a tenant possessing more than 15 acres of double crop nilam or its equivalent should pay a small holder all the arrears rent outstanding on 11th April 1957. Section 56 provides that the provisions of section 41 to 55 of the Act regarding the vesting in Government of landlords rights in lands held by tenants and assignment of such rights to tenants shall not apply to a holding held by a tenant under a small holder except to the extent otherwise specifically provided in the Act. Section 71 of the Act provides for the assignments of land vested on Government to small holders who are not entitled to resume any land.

(1) Where the rent is payable in kind it shall be paid either in kind or in money at the option of the tenant and the tenant shall be entitled to a receipt in writing signed by the landlord receiving the rent, showing the amount of the rent in kind or money received, and the year for which it is credited together with the details of the lands for which it is paid.

(2) The money value of the rent payable in kind unless it is specified in the document evidence the contract of tenancy shall be computed with reference to the rates published in the Gazette under section 26 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.

Where in respect of a holding there are intermediaries at the commencement of this Act the rent payable by an intermediary to his immediate landlord shall be reduced in proportion to the reduction, in the rent payable to him by the tenant immediately under him, on account of the determination of the rent payable under section 16.

Illustration.--A, the landowner, has given a lease of nilam for 120 paras of paddy to B. B has sub-leased it to C for 150 paras of paddy and C has further subleases it to D for 180 paras of paddy, the sub-leases having been created before the commencement of this Act. The fair rent of the holding is fixed as 90 paras of paddy. D has to pay C 90 paras, C will have to pay 75 paras, and B will have to pay 60 paras.

Where by act of parties or operation of law the interest of the landlord or of the tenant in the land demised has been severed, a suit may be instituted by the landlord or the tenant for the apportionment of rent and the security for rent, if any. The court shall pass a decree apportioning these amounts and directing the execution of a lease deed on the basis of such apportionment within a specified period and make such order as to the costs of suit as it may deem ft. If within the time fixed by the court such deed is not executed, the court shall, on an application by the person in whose favour such deed is to be executed and on the deposit by such person of such amount as the court may direct, execute the deed on behalf of the person in default and the deed so executed shall be deemed to be a deed executed by the person in default and the court shall by order direct that the cost of execution of the deed may be realised by the applicant from the person in default. The order of the court shall be enforceable as if it were a decree passed by that court under the Code of Civil Procedure, 1908.

(1) As between the tenant and the landowner the former shall be liable for any cess or special charges leviable by the Government for special or additional crops raised.

(2) A tenant making any payment towards basic tax or any tax payable to the Government or to any local authority shall be entitled to deduct the same from the rent payable by him to his landlord unless under the contract of the tenancy or under any law for the time being in force the tenant is liable to make such payment:

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

(1) Where there has been a damage to or a 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 District Collector shall, on an application to him by the tenant, determine the extent of damage to, or failure of, crops under subsection (1) and order such remission of rent as appears to him just and proper. The decision of the Collector shall be final and the tenant shall be entitled to get the benefit of the remission so ordered.

(1) A tenant shall, when 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 land for public purposes, be entitled to an abatement in the rent in the same proportion as the yield from the portion acquired bears to the yield from the entire holding.

(2) Where any material part of the holding is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, by fire, tempest or flood or violence of any army or mob or other irresistible force, the rent payable shall be proportionately reduced.

(3) Where in any instance under sub-section (2) the holding has been rendered permanently unfit for the purpose for which it was let the tenant shall be entitled thereupon to surrender the holding to the landlord.

(1) Notwithstanding any contract to the contrary, express or implied, no tenant shall be liable to pay to this landlord as rent any customary dues or renewal fees or anything more or anything else than the rent payable under section 16 or section 17 or section 18, as the case may be, and interest if any, thereon.

(2) Arrears of rent shall carry interest at the rate of six per cent per annum or at the contract rate whichever is less.

The Government shall cause to be published every month in the Gazette and at the Taluk Headquarters lists of prices prevailing in each taluk of commodities the commutation rates of which are necessary for the purposes of this Act.

(1) Munsiffs may summarily try and dispose of suits by landlords for recovery of arrears of rent when the amount or value of the suit does not exceed two hundred rupees.

(2) In such suits, the court shall, except as hereinafter provided follow the procedure prescribed for the trial of small cause suits, and the court may decide any question of title to immovable property or status which may be necessary for the determination of the suits, but such decision shall not be Resjudicata in any proceeding other than a suit under this section.

(3) Notwithstanding anything contained in the Court Fees Act for the time being in force, the court-fee payable on the plaint in such suits shall be the same as on an application when the arrears to be recovered have accrued due within 12 months of the date of the institution of the suit.

The decision passed in a suit under section 27 shall not be appealable.

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

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

When an application and deposit have been made under section 29 the court shall cause written notice thereof to be given at the cost. of the applicant to every person who, in the opinion of the court, is entitle to be heard thereon and after hearing such of them as appeal, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any interest, cost and such other matters as the court may deem fit.

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

Arrears of rent due to the landlord, together with interest thereon shall be a charge on the interest of the tenant in the holding and shall, subject to the priority of the rights of the Government and any local authority for arrears of tax, cess or other dues, be a first charge on such interest of the tenant.

(1) Any person deriving an interest in 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 this Act, within a month from the date of such acquisition, give registered notice of his interest in the holding to the landlord and the intermediaries, if any. The said notice shall contain particulars of the property, it extent the nature of the interest acquired and the date of acquisition of such interest.

(2) Where default is made by a tenant in the payment of rent, his landlord shall give registered notice of the default to the persons who have acquired interest in the holding prior to the date of such default and who have notified the existence of their interest under sub-section (1). The person 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 portion of the holding, shall be bound to pay only so much of the rent or arrears of the same, as will apportionment fall on such portion of the holding. In the absence of agreement such apportionment shall be made by the court on application made to it by such person within one month from the date of service of the notice of default.

(3) All applications for apportionment under the proviso to sub-section (2) shall, notwithstanding anything contained in the Kerala Civil Courts Act, 1957, be made to the court of the Munsiffs within whose jurisdiction the holding is situate.

The order of apportionment shall have the force of a decree and be appealable as such.

Subject to the provisions of this Act, all rights which a tenant has in his holding, shall be heritable and alienable.

(1) All arrears of rent outstanding on 11th April 1957 from a tenant belonging to any of the classes specified in column (1) below to his landlord, whether the same be payable under a decree or order of court or under any law or contract shall be deemed to be fully discharged if payment of the amount specified against it in column (2) is made within one year of the commencement of this Act.

Provided that where an intermediary has collected rent in excess of the amount payable under this sub-section, for any period prior to 11th April 1957 and has not paid the same to this landlords, he shall be liable to pay such excess also to his landlord.

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

Provided further that no intermediary shall be liable to pay his landlord anything in excess of what he is entitled to receive.

Illustration.-- A has leased 9 acres of land to B who has sub-leased it equally to three tenants, falling under class I above B's tenants are in arrears for three years and B also is a defaulter in payment to A for the corresponding period of three years. B is entitled to collect from his tenants arrears for one year only and hence the liability of B to A is in respect of arrears for one year and not two years.

Provided further that the provisions of this sub-section shall not apply to the arrears of rent due to a small holder within the meaning of section 18 by a tenant having in his possession land in excess of 15 acres of double crop nilam or its equivalent.

(2) Any rent paid by a tenant after the 11th April 1957 shall be deemed to be payments towards the rent accrued due after that date and the balance, if any, shall be credited towards arrears accrued due before the said date.

(3) Where before the commencement of this Act, any court has ordered eviction of a tenant on the ground that he has not paid arrears of rent but the tenant has been actually evicted, the decree for eviction shall be annulled on the tenant depositing the rent due as provided in subsection (1).

(4) In computing the period of limitation for the institution of suits or proceedings for recovery of arrears of rent, the time during which such institution was prohibited by section 4 of the Kerala Stay of Eviction Proceedings Act, 1957 and the period of one year allowed under subsection (1) of this section for the payment of arrears of rent shall be excluded.

Notes."

The provisions for payment of arrears of rent by a kudikidappukaran is contained in section 38. The provisions of sub-section (1) will not apply to arrears of rent due to a small holder from a tenant having in his possession 15 acres of double crop nilam or its equivalent. The Kerala Stay of Eviction Proceedings Ordinance, 1957 was promulgated on 11-4-1957. This Ordinance was repealed by the Kerala Stay of Eviction Proceedings Act, 1957.

(1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or spontaneously sprouting and growing in his holding after the commencement of his tenancy shall belong to the cultivating tenant.

(2) Subject to the provisions of sub-sections (3), (4) 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 and if he does not require, the landowner or the intermediary, as the case may be, shall have the right to cut and remove such trees provided that the right conferred by this sub-section shall be exercisable by the intermediary only in case such timber trees were either planted by him or had spontaneously sprouted and grown during the period in which he was in possession of the holding.

(3) Where the cultivating tenant exercises his right under sub-section (2) he shall be liable to pay to the landowner or the intermediary, as the case may be, one-half of the market value of the timber trees so cut and removed.

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

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

(1) Every tenant of a kudiyiruppu shall be entitled to purchase the rights of the landlord in the Kudiyruppu, free of all encumbrance on payment of twelve times 75 per cent of the annual rent payable by him in twelve equal annual installments together with interest at 41/2 per cent per annum on the amount outstanding at the time of the payment of each installment.

(2) The tenant of Kudiyiruppu may apply to the Land Tribunal for the purchase of the rights of the landlord in the kudiyiruppu making all persons interested as parties to such application. The Land Tribunal shall on receipt of the application and after giving an opportunity to all persons interested to be heard, determine the purchase price, fix the dates for payment of the same and its apportionment among the interested parties.

(3) On deposit of the first installment of the purchase price the Land Tribunal shall intimate the fact to the Land Board and the Land Board shall thereupon issue a certificate of purchase in the prescribed form to the tenant which shall be conclusive proof of the vesting of the ownership in the tenant. The Land Tribunal shall also order payment of the deposit money to the parties entitled to it. The balance of the purchase price shall be a first charge on the land subject to any charge for the dues to the Government and to any local authority and shall be recoverable as arrears of land revenue and upon such recovery it shall be paid to the parties entitled to it.

(4) The cost of proceedings shall be in the discretion of the Land Tribunal.

(5) Any person aggrieved by any order passed by the Land Tribunal under this section may appeal against that order with in such time as may be prescribed to the court of the District Judge having jurisdiction over the area in which the kudiyiruppu is situate. The decision of the court on such appeal shall be final subject to the provisions of section 76.

(1) No kudikidappukaran shall be evicted from his kudikidappu except on the following grounds; namely:-

(1) that he is alienated his right of kudikidappu to another person;

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

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

(iv) that he has another kudikidappu or has obtained ownership and possession of land within one mile of his existing kudikidappu on which a homestead or hut could be erected.

Explanation:- For the purpose of this sub-section a Kudikidappukaran shaft hot be deemed to have ceased to reside in the Kudikidappu if a near relative of his, who was residing with him in the Kudikidappu for a continuous period of not less than one year, continues to reside in the kudikidappu after the Kudikidappukaran has ceased to reside therein, in which case, such near relative shall be liable to pay the rent, if any, payable by the Kudikidappukaran. "Near relative" for the purpose of this Explanation means, husband or wife, children, grand children, father, mother, brother or sister.

(2) Notwithstanding anything contained in sub-section (1), the person in possession of the land on which there is a homestead or hut in the occupation of a Kudikidappukaran may, if the bona fide requires the land-

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

(ii) for purposes in connection with a town planning scheme; or

(iii) for any industrial purpose, demand in the kudikidappukaran, on payment of the price of the homestead, if any, arrested by the Kudikidappukaran, to shift to a new site fit for erecting a homestead within one mile of the existing Kudikidappu, the possession and ownership of which shall be transferred by such person to the kudikidappukaran and the kudikidappukaran shall be bound to accept such arrangement. The extent of the site so transferred shall not be less than-

(i) If within the limits of the Corporation of Trivandrum or of any major municipalities, 5 cents; and

(ii) if in any other area, 10 cents.

The kudikidappukaran shall be entitled to receive before he so shifts, from the persons providing the alternate site, the expenses reasonably required to shift to the new site.

(3) Notwithstanding anything contained in sub-section (1) and (2) where a person does not hold more than 25 cents of land within the limits of the Corporation of Trivandrum or of any Municipalities constituted under any law for the time being in force relating to the constitution of Municipalities, and there is a homestead or hut in the occupation of a Kudikidappukaran on such land, he may, if he requires the land occupied by such homestead or hut, for constructing a building for his own residence, apply to the Government for the acquisition of land to which the Kudikidappu may be shifted. In such application he shall offer to deposit, whenever called for, the cost of acquisition of 5 cents of land, if the Kudikidappu is located within the limits of the Corporation of Trivandrum or of any major Municipality and of 10 cents of land in other cases. If there are not less than 20 such applications in respect of Kudikidappus situated within the limits of the Corporation of Trivandrum or a Municipality, an officer authorised by the Government in this behalf may, after collecting the cost of acquisition from the applicants, acquire lands within such limits under the Land Acquisition Act for the time being in force, allot such lands to the Kudikidappukars and required them to shift to the lands so allotted. The Kudikidappukars shall thereupon be bound to shift to the new sites. A Kudikidappukaran shall be entitled before he so shifts to receive from the person in possession of the land on which his homestead or hut was originally located, the expenses as determined by such officer to be reasonably required to shift to the new site.

Explanation."

For the purpose of this section "major municipality" shall mean the municipalities of Cannanore, Calicut, Trichur, Mattancherry, FortCochin, Ernakulam, Alleppey, Quilon and Kottayam.

Notes."

In the Travancore Cochin area of the State the matter was governed by the T.C. Prevention of Eviction of Kudikidappukars Act, 1955. In the erstwhile district of Malabar and in the villages of Kasargod Taluk specified in the schedule to the Malabar Tenancy Act, the matter was governed by section 21, and 36 of the Malabar Tenancy Act, 1929. Certain areas of Kasargod Taluk are now included in the Taluk of Hosdurg. ˜Kudikidappukaran' is defined in section 2(20) of the Act. Where the hut belonging to the person in lawful possession of the land and if it has a value above Rupees Four hundred or the monthly rent of which exceeds Rupees four, the occupant will not be a kudikidappukaran and he will not be entitled to the benefit conferred by sections 37 to 40 of the Act. Even if the hut has not a value of more than Rupees four hundred if it is situated in a plantation or in any area which is appurtenant to a mill, factory or workshop and the permission was granted in connection with the employment of the person in the plantation or mill, the occupant will not be deemed to be a kudikidappukaran, under section 71 when the balance of lands vested in the Government as per section 62 or section 63 are assigned, the holdings in which there are kudikidappukars shall as far as possible be assigned to such kudikidappukars.

All arrears of rent, if any, payable by a Kudikidappukaran on the date of the commencement of this Act whether the same be payable under any law, custom or contract, decree or order of court shall be deemed to be discharged, if he pays one year's rent or the actual amount in arrears whichever is less. On and after the commencement of this Act, notwithstanding any contract, decree or order of court a Kudikidappukaran shall not be required to pay more than six rupees yearly as rent in respect of his kudikidappu which is not situated within the limits of the Corporation of Trivandrum or of any Municipality constituted under any law for the time being to force relating to the constitution of Municipalities;

Provided that a Kudikidappukaran who was not liable to pay any rent in respect of his kudikidappu immediately before the commencement of this Act shall not be liable to pay any rent; nor shall a Kudikidappukaran be liable to pay any rent to excess, of that which he was paying before the commencement of this Act.

If the Kudikidappukaran does not comply with the demand made by the person in possession of the land under sub-section (2) of section 37 to shift to a new site, the person to possession of the land may institute a suit against him for the purpose. The court on being satisfied that the person in possession has complied with all the conditions mentioned in sub-section (2) of section 37 may pass a decree for shifting the Kudikidappu:

Provided that no such suit shall be instituted without giving the Kudikidappukaran one month's notice by registered post.

(1) The rights of kudikidappukaran, to his Kudikidappu shall be heritable but not alienable.

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

Explanation.-- For the purpose of this sub-section "near relative" means and includes father, mother, sister, brother and sons and daughters of such brother or sister.

(2) The Kudikidappukaran shall have the right to maintain, repair and rebuild the homestead erected by him, without exceeding the dimensions of the original homestead, at his own cost.

Vesting in Government or Landlord's Rights in Lands held by Tenants and Assignment of such Rights to Tenants

(1) For the purposes of this section the expression "protected tenant" with reference to a holding means a cultivating tenant other than the tenant of a kudiyirippu from whom no part of the holding is liable to be resumed.

(2) On the appointed day to be notified by the Government in the Gazette, all rights, title and interests of the landowner and the intermediary, if any, over lands held by protected tenants shall vest in the Government free from all encumbrances created by the landowner and the intermediary, subsisting thereon on the said day.

Notes."

Resumption of land from tenant is dealt with in section 10. Section 18 contains some special provisions about resumption in the case of small holders.

(1) Where-

(i) no application has been made for resumption of a holding under section 10; or

(ii) any such application made has been rejected; or

(iii) resumption of only a part of the holding has been allowed, all rights, title and interests of the landowner and the intermediary, if any, over the holding or over the land left after resumption, as the case may be, shall vest in the Government free from all encumbrances created by the landowner and the intermediary, subsisting thereon with effect from the date of expiry of the period for filing the application for resumption or the date on which the final order of rejection of the application or the final order allowing the resumption of part of the holding was passed as the case may be.

(2) Where-

(i) an intermediary has resumed any land under section 10: or

(ii) where any tenant has been restored to the possession of any land under the provisions of this Act; or

(iii) Where any serving member of the Armed Forces has not claimed resumption of the land leased by him within the period specified therefor under the second proviso to sub-section (2) of section 6, the right, title and interest of the landowner and the intermediary,

if any other than the intermediary mentioned in clause (i), in respect of the said lands shall vest in the Government free from all encumbrances created by the said landowner and intermediary with effect from the date of resumption, date of restoration or the date of expiry of the period aforesaid, as the case may be.

(1) The intermediary who resumed land under section 10 and the cultivating tenant of the lands the right, title and interest over which have vested in the Government under section 41 or section 42 shall be entitled to assignment of such right, title and interest, subject to the condition that by such assignment the total extent of land owned by the intermediary or the cultivating tenant or where such intermediary or the cultivating tenant is a member of a family, by such family as the case may be, does not exceed the ceiling area fixed under section 58.

(2) Any tenant entitled to assignment of the right, title and interest over lands under sub-section (1) may apply to the Land Tribunal within six months from the date of the vesting under section 41 or section 42, as the case may be, for such assignment to him.

(3) The application for assignment shall contain the following particulars:-

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

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

(c) the name and address of the landowner and the intermediaries, if any, and also of every other person interested in the land and the nature of their interest so far as they are known to him; and

(d) such other particulars as may be prescribed.

(4) Where tenant is entitled to get assignment in respect only of a portion of the land held by him, he may indicate in the application under subsection (2) his choice of the land to which the assignment shall relate.

Notes."

The ceiling, fixed under section 58 is for a family of not more than five members, 15 acres of double crop nilam or its equivalent and an additional extent of 1 acre of double crop nilam for each member in excess with a maximum limit of 25 acres, in the case of an adult unmarried person it is seven and a half acres of double crop nilam or its equivalent.

As soon as may be after the receipt of the application under section 43 the Land Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-

(a) the landowner and intermediaries, if any, under whom the applicant holds; and

(b) all other persons interested in the land, the right, title and interest over which have vested in the Government, to appear before it on the date specified in the notice. The Land Tribunal shall issue a notice individually to each such landowner, intermediary and also, as far as practicable, to other persons mentioned in clause (b) calling upon them to appear before it on the date specified in the public notice.

(2) It shall be open to any person interested in the land to apply to the Land Tribunal even where notice under sub-section (1) has not been received by him, stating the nature of the claim or objection and the relief he requires.

(3) Where any tenant fails to apply within the period specified in section 43 he shall continue as tenant holding under the Government and shall be liable to pay to the Government rent payable in respect of the land from the date on which the right, title and interest over the land vested in the Government, such rent being recoverable as arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force. Notwithstanding anything contained in section 3, the provisions of sections 6, 16 and 17 shall apply to such tenant:

Provided that the Land Tribunal may admit an application after the expiry of the aforesaid period, if the applicant satisfies the Land Tribunal that he was prevented by any sufficient cause from making such application in time.

(4) The Land Tribunal may after giving an opportunity to the landowner, intermediary and other person interested in the land to be heard and after enquiry, by order, allow the application. The order shall specify the extent, survey number and such other particulars as may be prescribed, of the land to which the assignment relates and the purchase price to be paid by the tenant for the assignment. Where a tenant is entitled to assignment relating only to a portion of the land comprised in his holding, the land to which the order of assignment relates shall, as far as practicable, be within a survey number or contiguous survey numbers.

Notes:-

Section 6 deals with the fixity of tenure of tenant. Section 16 provides for the determination of the rent payable by tenants. Section 17 stipulate the rent to be paid when the Land Tribunal has not determined the rent.

(1) The purchase price payable by the tenant shall be the aggregate of-

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

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

(ii) the value of any structures, wells and embankments of a permanent nature constructed or laid by the landlord or any other person interested in the land other than the tenant; and

(iii) one-half of the value of the timber trees belonging to the landowner or the intermediaries, if any.

Explanations."

For the purposes of this sub-section-

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

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

(iii) where in respect of a holding the fair rent fixed under any law in force before the commencement of this Act, is higher than the rent which was payable under the contract of tenancy, the contract rent shall be deemed to be the fair rent fixed under such law.

(2) The purchase price shall be payable in 16 equal annual installments.

(3) Notwithstanding any thing contained in sub-section (2) it shall be open to the tenant to pay the entire purchase price in a lump, in which case, the purchase price shall be seventy-five per cent of the amount as calculated under sub-section (1).

(1) On the determination of the purchase price under section 45 the tenant shall deposit with the Land Tribunal to the credit of the Land Board where the amount of the purchase price is to be paid in a lump the whole of such amount within one year, or, where the purchase price is to be paid in installments, the first installment thereof within three months from the date on which the purchase price was so determined or where there has been an appeal under section 51 against the order of the Land Tribunal determining the purchase price, from the date on which the appellate authority passed final order on such appeal. Where a person elects to pay the purchase price in a lump, he shall nevertheless pay the installment, if any, which falls due before the date fixed for payment of the lumpsum and credit shall be given to the installment so paid at the time of payment of the lump sum.

(2) Where a tenant fails to deposit the first installment on or before the due date no assignment shall be made to him and he shall continue as tenant, holding under the Government, and such tenant shall be liable to pay the rent payable in respect of the land to the Government from the date on which the right, title and Interest over the land vested in the Government.

Notwithstanding anything contained in section 3, the provisions of sections, 6, 16 and 17 shall apply to such tenant.

(3) Where the purchase price is paid in the installment the second and subsequent installments shall be deposited in the Government Treasury in the prescribed manner to the credit of the Land Board.

(4) Pending an appeal under section 51, the tenant shall deposit on the due date the purchases price or the installment thereof as, determined by the Land Tribunal. On the final decision of the appeal, the excess if any, in the deposit shall be adjusted towards the future installment and where there is no such future installment it shall be refunded to the tenant.

(5) Where a tenant has taken an assignment, interest at the rate of 41/2 per cent per annum shall accrue on the purchase price from the date on which the right, title and interest of the landlord vested in the Government and the tenant shall be bound to pay the purchase price with such interest. Where the purchase price is payable in installments, the amount outstanding after payment of each installment shall bear interest at the rate of 41/2 per cent per annum.

(6) Pending the determination of the purchase price under section 45 or where there has been an appeal against the determination of the purchase price, pending orders on such appeal, the tenant shall 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 right, title and interest over the land were not vested in the Government. The Land Tribunal shall after intimating the Land Board, pay such amount to the landowner and the intermediaries in proportion to the rent due to them immediately before the vesting in the Government as part payment of the compensation on taking proper security, in case it is found that the landlord is entitled to such amount. The amount so paid by the tenant shall be deducted from the purchase price payable by him and he shall be liable to pay only the balance amount.

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

(8) Notwithstanding anything contained in this Act or in section 7 of the Land Tax Act, 1955, any person continuing as tenant under the Government under sub-section (3) of section 44 or sub-section (2) of this section shall be liable to pay to the Government and to any local authority all taxes, cesses and other public charges due in respect of the land.

Notes:-

Please refer to note under section 44.

For the purchase price there shall be a first charge on the land subject to the charges for any dues payable to the Government and any installment in default of the purchase price shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.

On the deposit of the purchase price in a lump or of the first installment of such price, the Land Board shall make the assignment as provided in section 43 in such form as may be prescribed.

In the enquiry held under section 44 the Land Tribunal shall determine by an order the value of the interests of the landowner and the intermediary, if any, in the land the right, title and interest over which vested in the Government, after giving an opportunity to them to be heard. The value of the interest of the landlord shall, where there is no intermediary, be the purchase price determined under section 45. Where there is an intermediary the value of interest of the landlord and the intermediary shall be such portion of the purchase price as would fall to the landowner and the intermediary respectively on a division of the purchase price in proportion to the profits derived by each from the land. Where there has been no assignment the value of interest shall be determined at-

(i) 12 times the rent payable under the contract of tenancy or

(ii) 16 times the fair rent determined under this Act in respect of the land according as the tenant was paying the contract rent or fair rent immediately before the vesting.

Explanations."

Profits derived form the land shall, for the purpose of this subsection, 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.

(1) In the enquiry held under section 44 the Land Tribunal shall determine by an order-

(i) any encumbrance created by the landowner and the intermediary, if any; and

(ii) any maintenance or alimony charged on the land and lawfully subsisting on the day on which the right, title and interest of the landlord and the intermediary vested in the Government.

(2) Where the right, title and interest vested in the Government, from part of the security for an encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of discharging the same, apportion the entire encumbrance, maintenance or alimony, between the security vested and the portion of the security remaining, in proportion to the values of the two portions of the security.

(3) No order under sub-section (1) or sub-section (2) shall be passed without giving the parties affected an opportunity to be heard.

(1) Any person aggrieved by any order of the Land Tribunal under section 44, section 49 or section 50 may appeal against such order, within such time as may be prescribed, to the court of the District Judge having jurisdiction over the area in which the land is situate. The decision of the court on such appeal shall be final subject to the provisions of section 76.

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

(1) Where any right, title and interest of the landowner and intermediary have vested in the Government, the landowner and the intermediary shall be entitled to compensation for the extinguishment of their rights.

(2) The compensation shall be-

(a) Where the landowner or the intermediary is a religious, charitable or educational institution of a public nature.--

(i) an annuity to be paid in perpetuity equal to the fair rent in respect of the land the right, title and interest over which have vested in the Government; and

(ii) the value of the structures, wells and embankments of a permanant nature situated in the land and belonging to such institution;

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

(i) the value of structures, wells and embankments of a permanent nature situated in the land and belonging to the landowner or the intermediary, as the case may be; and

(ii) the percentage of the value of interest of the landowner or the intermediary in respect of the land and the improvements other than those falling under sub-clause (i) according to the scales specified in Schedule II,

together with interest at the rate of 41/2 percent per annum with effect from the date of vesting.

(3) For the purpose of determining the compensation payable to the landowner or intermediary the Land Tribunal may on the application of the landowner, intermediary or an officer authorised by the Government in this behalf determine as provided in Section 16 the fair rent in respect of the land, the right, title and interest over which have vested in the Government.

(1) Within two weeks after the expiry of the period of appeal from the orders of the Land Tribunal prescribed under section 51 or where there has been an appeal within two weeks after the disposal of the same, the Land Tribunal shall prepare a statement showing the following particulars:-

(a) a description of the land the right, title and interest over which have vested in the Government;

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

(c) the amount of purchase price;

(d) the names of the landowner and the intermediary, if any, of the land;

(e) the value of the interest of the landowner and the intermediary, if any, in the land;

(f) the names of the holders of the encumbrance, maintenance or alimony and the amount payable to each, and

(g) such other particulars as may be prescribed.

A copy of the statement so prepared shall immediately be forwarded to the Land Board by the Land Tribunal.

(2) On receipt of the statement under sub-section (1), the Land Board, shall determine the amount of compensation payable to the land owner and the intermediary, if any, and the amount payable to the holders of the encumbrance, maintenance or alimony.

(1) Subject to the provisions of sub-section (2) the compensation payable under section 52 shall be distributed by the Land Board to the persons entitled thereto.

(2) Where the right, title and interest vested in the Government are subject to any encumbrance, created by the landowner or the intermediary the value of encumbrance shall be deducted from the compensation amount payable to the landowner or the intermediary, as the case may be, and the balance alone shall be paid. If there any charge for maintenance or alimony on such right, title and interest the Land Tribunal shall also make deductions for payment out of the compensation amount due to the persons liable for such maintenance or alimony. If the total amount of such encumbrance maintenance or alimony is more than the amount of compensation, the compensation amount shall be distributed in the order of their priority and on such payment the liabilities in respect of the encumbrance, maintenance or alimony shall stand extinguished:

Provided that where the landowner or the intermediary is a religious, charitable or educational institution of a public nature and the interest of such institution is subject to any encumbrance created by it, the compensation shall be paid as follows:

(i) where the institution is entitled to the value of structures embankments and wells under sub clause (ii) of clause (a) of sub-section (2) of section 52 and such value exceeds or is equal to the value of the encumbrance, the value of the encumbrance shall be deducted from such value of structure embankments and wells and the balance if any alone shall be payable under the said sub clause (ii);

(ii) where no value of such structures, embankment and wells is payable to the institution or their value is less than the value of the encumbrance, an amount equal to five per cent of the value of the encumbrance or five percent of the difference between the value of the encumbrance and the value of structures, embankment and wells, as the case may be, shall be deducted from the annuity payable under sub-clause (i) of clause (a) of sub-section (2) of section 52 and the balance, if any, alone of the annuity shall be payable to the institutions under the aforesaid clause (a);

(iii) the holder of the encumbrance shall, subject to the provisions of clause (iv), be paid the value of the encumbrance if full;

(iv) where the value of the encumbrance exceeds the aggregate of-

(a) the value of the structures, embankments and the wells payable to the institution under sub clause (ii) of clause (a) of sub-section (2) of Section 52, and

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

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

and where there are more than one such holder of encumbrance, the said amount shall be distributed in the order of priority,

and on payment of the compensation in the manner specified above, the liability in respect of the encumbrance shall stand extinguished.

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

(3) The compensation and the amount of encumbrance shall be paid by the Land Board either in cash or in negotiable bonds redeemable in ten years and carrying interest at the rate of 41/2 per cent per annum with effect from the date of vesting in the Government or partly in cash and partly in such bonds:

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

(5) Where a person entitled to the compensation, the value of the encumbrance, maintenance or alimony dies before it is paid to him it shall be paid to his legal representatives.

(6) Where the person entitled to receive the compensation or the value of encumbrance is a private trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the compensation or the value of encumbrance 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.

(7) 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 compensation 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.

The payment of compensation or the value of encumbrance, maintenance or alimony to the landowner or intermediary or other persons entitled thereto in the manner prescribed by or under this Act shall be a full discharge of the liability for payment of compensation and no further claims for payment of compensation shall lie.

The provisions of sections 41 to 55 (both inclusive) shall not apply to a holding held by a tenant under a small holder as defined in section 18 except to the extent otherwise specifically provided in this Act.

(1) The provisions of this chapter shall not apply to.--

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

(b) lands comprised in mills, factories or workshops and which are necessary for the use of such mills, factories or workshops;

(c) private forests;

(d) plantations;

(e) house of sites, that is to stay, site occupied by dwelling houses, tanks, wells or any other structures together with the land necessary for the convenient enjoyment of the same;

(f) unculturable waste lands;

(g) sites of temples, churches, mosques and cemeteries;

(h) sites of buildings including warehouses;

(i) commercial sites;

(f) lands occupied by educational institutions including lands necessary for the convenient use of the institutions and playgrounds attached to such institutions; and

(k) lands, if any, vested in the Bhoodan Yagna Committee.

(l) lands owned or held by-

(i) a University established by law; or

(ii) a religious, charitable or educational institutions of a public nature or;

(iii) a public trust (which expression shall include a Walk)

Provided that-

(i) the entire income of such lands is appropriated for the University, institution or trust concerned; and

(ii) where the University, institution or trust comes to hold the said lands after the commencement of this Act, the Government have certified previously that such lands are bona fide required for the purposes of the University, institutions or trust, as the case may be; and

(m) lands granted to defense personnel for gallantry, for the duration of their life-time.

(2) The Government may, subject to the provisions of sub-section (3), if they are satisfied that it is necessary to do so in public interest on account of any special use to which any land is put, or on account of any land being bona fide required for the purpose of conversion into plantation or for the expansion or preservation of an existing plantation, by notification in the Gazette, exempt such land from the provisions of this Chapter subject to such restrictions and conditions as they may deem fit to impose.

(3) A draft of the notification proposed to be issued under sub-section (2) shall be laid before the Legislative Assembly for a period of ten days and the Legislative Assembly may approve the draft with or without modification or disapprove the draft during the period in which it is so laid. On the approval of the draft by the Legislative Assembly the Government shall publish the notification as approved in the Gazette.

If the Legislative Assembly does not-

(i) approve with or without modification; or

(ii) disapprove,

the said draft during the period aforesaid it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.

Notes."

The lands exempted from the restriction upon ownership and possession of the land in excess of the ceiling area are listed in this section. The exemption is made broadly on the basis of ownership and possession or on the nature of the land and the purpose for which it is used. Lands owned or held by Governments, local authorities, Universities, religious and charitable or education institutions of a public nature, public trusts and plantations, private forests, commercial sites, etc., are exempted from the operation of sections 57 to 74. Powers are given to Government to exempt any land from the provisions of this chapter if they are satisfied that it is necessary. Lands owned by private trusts are not exempted from the operation of this chapter.

(1) The ceiling area of land shall be (a) in the case of a family consisting of not more than 5 members, 15 acres of double crop nilam or its equivalent, and in the case of a family consisting of more members, an additional extent of 1 acre of double crop nilam or its equivalent for each member in excess, so however that the total extent of the land shall not exceed 25 acres of double crop nilam or its equivalent;

(b) in the case of an adult unmarried person, seven and a half acres of double crop nilam or its equivalent;

(2) For the purpose of this Chapter, all the lands owned or held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be owned or held by the family.

(3) In calculating the extent of land owned or held by a family or an adult unmarried person, the shares of the members of the family or the adult unmarried person, as the case may be, in the lands owned or held by a Company, Co-operative Society. Firm of other body individuals or by an Institution or by a Joint Hindu Family, Marumakkathayam Tarwad, Alijsasanthana Family or Namoodiri Illom shall be taken into account.

Explanation."

For the purposes of this sub-section, the share of a member of the family or the adult unmarried person in the land owned or held by a company, Co-operative Society, Firm or other body of individuals or by an Institution or by a Joint Hindu Family, Marumakkathayam Tar wad, Aliyasanthana Family or Namboodiri Illume shall be deemed to be the extent of land which would be allotted to such member or person had such lands been divided or partitioned, as the case may be, on the date notified under sub-section (1) of section 59.

(4) Where after the 18th December, 1957, any class of land specified in clauses (i), (ii), (iii) or (iv) of sub-section (9) of section 2 has been converted into another class of land, the extent of land that may be owned or held by a family or adult unmarried person owing or holding such land at the time of the conversion shall be determined without taking into account such conversion.

(5) The lands owned or held by a private trust or a private institution shall be deemed to be lands owned or held by the person creating the trust or establishing the institution, or if he is not alive, by his successor in interest.

(6) In computing the ceiling area, lands exempted under section 57 shall be excluded.

Explanation I."

For the purpose of this section where any person has two or more living wives and such plurality of wives is recognised by the personal law governing the parties, such persons together with the wife he chooses and her minor unmarried children shall be deemed to be a family and each of the other wife together with her minor unmarried children shall be deemed to be an adult unmarried person, with the right to an increase of one acre of double crop nilam or its equivalent for each member in excess of five, subject to a maximum of 15 such acres.

Explanation II."

A divorced husband or a divorced wife, shall be deemed to be an adult unmarried person, provided that where there are minor unmarried children of such husband or wife, the husband or wife legally entitled to the custody of such children shall, along with the children, be deemed to be a family.

Provided that if they re-marry, the remarried person, will form a family with his or her wife or husband as the case may be.

Notes."

Sub-section (6) specially provides that lands exempted under section 57 shall be excluded in computing the ceiling area.

(1) Subject to the provisions of sub-sections (2) and (3) with effect from such date as may be notified by the Government it shall not be lawful for any family or any adult unmarried person to own or to hold or possess under a mortgage executed after 18th December 1957, land in the aggregate in excess of the ceiling area.

(2) Notwithstanding anything contained in sub-section (1)-

(a) shall be lawful for any family or adult unmarried person to own or hold any cashew estate if it was a cashew estate on 11th April 1957 and continued as such as the commencement of this Section and also other lands not exceeding one half of the ceiling area of such family or adult unmarried person:

Provided that the benefits conferred by this sub-section shall be available to the family or the adult unmarried person, as the case may be, only so long as the cashew estate remains as such;

Explanation."

For the purpose of this cause, ˜Cashew estate' means lands principally planted with Cashew nut trees and having a contiguous extent not below 10 acres.

(3) Notwithstanding anything contained in sub-section (1) it shall be lawful for any adult member in a family to own or hold land in excess of the ceiling area to the extent necessary to make up the ceiling area of his lineal descendants, other than his minor unmarried children, who are alive on the date notified under sub-section (1) and who would inherit his lands on his death.

Provided that the aforesaid adult member shall take into account all acquisition of land or interest in land made by such lineal descendants or the members of their families for fixing the total extent that such adult member shall be entitled to own or hold, from time to time, and shall be bound to surrender the excess.

Explanation

I."

In the case of lineal descendants who are members of other families the ceiling area shall be that applicable to their families.

Explanation II."

For the purpose of this section "to hold land" shall include possessing land under a usufructuary mortgage created on or after 18th December, 1957.

Notes."

The section prohibits the owning or holding of land in excess of the ceiling area from the notified date. But a concession is giving in the case of Cashew Estate of not less than acres in extent; The cashew estate and also other lands not exceeding one half of the ceiling area can be owned or held together. But the cashew estate should be a cashew estate on 11-4-1957 and continued as such at the commencement of this section.

Notwithstanding anything contained in any law for the time being in force, all voluntary transfers effected after 27th July 1960, otherwise than-

(i) by way of partition: or

(ii) on account of natural love and affection; or

(iii) in favour of a person who was a tenant of the holding before the 27th July 1960, and continued to be so till the date of transfer, by a member of a family or an adult unmarried person owing or holding land in excess of the ceiling area, shall be deemed to be transfers calculated to defeat the provisions of this Act and shall be invalid:

Provided that without prejudice to any other right of the parties to any such transfer, when any compensation is payable under section 52 or under section 64 for any land covered by the said transfer, it shall be competent for the Land Tribunal to award to the transferee, out of the compensation amount in respect of such land, such sum as the Land Tribunal may consider it just and proper.

Notes."

27th July 1960 is the date on which the President of India returned the bill to the Kerala Legislative Assembly. In the bill as originally passed the date given was 18-12-1957 which was the date of publication of the bill. Transfers by way of partition, on account of love and affection and transfers in favour of tenants of holdings before 27-7-1960 and who were still tenants on the date of transfer are not hit by the section.

(1) Where a family or an adult unmarried person owns or holds land in excess of the celling area on the date notified under Section 59, such excess shall be surrender by the person who is competent to do so within such time and to such authority as may be prescribed:

Provided that where any person bona fide believes that the ownership or possession of any land owned or held by him or by the members of his family is liable to vest in the Government under section 41 or section 42 or to be resumed under section 10, or surrendered or purchased under section 18, the extent of the land so liable to vest or to be resumed or surrendered or purchased shall not be taken into account in calculating the extent of the land to be surrendered under this subsection.

Explanation.-- Where any land owned or held by a family or adult unmarried person owning or holding land in excess of the ceiling area was transferred by such family or any member there of or by such adult unmarried person as the case may be after 18th December 1957 and on or before 27th Jury 1960 otherwise than-

(i) by way of partition; or

(ii) on account of natural love and affection; or

(iii) in favour of a person who was a tenant of the holding before the 18th December 1957 and continued to be so till the date of transfer,

the extent of land owned or held by such family or adult unmarried person shall be calculated for purposes of fixing the extent of land to be surrendered under this section as if such transfer had not taken place and such family or adult unmarried person shall be bound to surrender an extent of land which would be in excess of the ceiling area on such calculation, or where such family or person does not own or hold such extent of land the entire land owned or held by the family or person; but nothing in this explanation shall affect the rights of the transferee under the transfer.

(2) Where a family or adult unmarried person owns or holds land in excess of the ceiling are the husband, or in his absence, the wife or in the absence of both, the guardian of minor children or, as the case may be, the adult unmarried person shall, within a period of six months from the commencement of this section file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands owned or held by the family or adult unmarried person, and indicating the lands proposed to be surrendered.

Explanation I.-- Where lands owned or held by a family stand in the name of more than one member of the family the identity of the land, the ownership, or possession or both of which is to be surrender, shall be indicated as far as practicable with the concurrence of all the members in whose names they stand.

Explanation II."

Where land to be surrendered is owned or held by two or more persons jointly, whether or not as members of a Company, Co-operative Society, Firm, or other body of individuals or of an Institution or of a Joint Hindu Family, Marumakkathayam Tarwad, Altyasanthana Family or Namboodiri Illom, the identity of the same shall be indicated as far as practicable with the concurrence of all the persons who own or hold such land.

(3) Where after the final settlement of claims for resumption under section 10 or claims for surrender or purchase under section 18 of lands held by a family or adult unmarried persons as tenant such family or person holds land in excess of the ceiling area, or

where after the vesting of the rights, title and interests of the land-owner in the Government under section 18 or section 41 or section 42 in respect of lands owned by a family or adult unmarried person such family or person owns land in excess of the celling area,

such excess shall be surrendered by the person who is competent to do so within a period of three months from the date of the final settlement, purchase or vesting, as the case may be. At the time of surrender he shall file a statement before the Land Board containing the particulars specified in sub-section (2) of the lands held by him. The provisions of sub-section (2) shall, as far as may, apply in regard to the calculation of the excess land and the procedure for the surrender of the same.

(4) On receipt of the statement under sub-section (2) or sub-section (3), the Land Board shall-

(a) cause the particulars mentioned in the statement to be verified;

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

(c) determine the identity of the land to be surrendered-

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

Provided that where in such determination the interests of other persons are also likely to be affected the Land Board shall, except in cases where all the persons interested have agreed to the choice, indicated, afford an opportunity to such other persons to be heard and pass suitable orders regarding the land to be surrendered.

(6) Where any person fails to file the statement specified under sub-section (2) or sub-section (3), the Land Board shall, after necessary enquires by order determine the extent and other particulars of the land the Ownership or possession or both, of which is or are to be surrendered:

Provided that before such determination the Land Board shall give an opportunity to the persons interested to the land, to be heard.

(7) Where the Land Board determines the extent of the land to be surrendered by any person without hearing any person interested, such person may within sixty days from the date of such determination applly to the Land Board to set aside the order and if he satisfies the Land Board that he was prevented by any sufficient cause from appearing before the Land Board, it shall set aside the order and shall proceed under sub-section (4), or sub-section (6), as the case may be.

Notes."

Can the three kinds of transfer mentioned in the Explanation to sub-section (1) be effected even after the date notified under section 59 (1) ? Contravention of the provisions of the section is an offence under section 89 of the Act.

(1) On the determination of the extent and other particulars of the lands the ownership or possession or both of which is or are to be surrendered under section 61, the Land Board shall issue a notice to the person bound to surrender demanding the surrender, within a specified date, not being earlier than thirty days from the date of the notice, of the lands or the ownership of the lands to such authority as may be specified therein and intimating that in case of default the ownership possession or both, as the case may be, of the lands determined by the Land Board shall be assumed by the Government within a specified date.

(2) On receipt of such notice, such person shall make the surrender demanded in such manner as may be prescribed.

(3) Where any person fails to make the surrender demanded, the Land Board may authorise any officer to take possession of the land by going to the land, demarcating it, and by proclaiming by beat of torn tom that possession or possession and ownership, as the case may be, of the land has passed to the Government.

Provided that where the surrender is only of ownership of land, the assumption of ownership shall be made by a declaration in writing by the Land Board to that effect and duly published in the manner prescribed.

(4) Upon the surrender under sub-section (2) or the assumption under subsection (3), the land or the ownership or possession of the land shall, as the case may, vest in the Government. Where in respect of any such land, there is an intermediary the rights of the intermediary over that land shall stand extinguished.

(1) Subject to the provisions of the proviso to sub-section (3) of section 59 where any person comes by any land after the date notified under subsection (1) of section 59 on account of gift, purchase, mortgage with possession, lease surrender or any other kind of transfer inter-vivos or by bequest or inheritance or otherwise and in consequence thereof, the total extent of land owned or held by the family of such person or by such person, if he is an unmarried adult, exceeds the ceiling area such excess shall be surrendered to such authority as may be prescribed within six months of the date of his coming into ownership or possession,

(2) The provisions of section 61 and 62 shall, as far as may be apply to the surrender to, and vesting in, the Government of the ownership or possession or both of lands under sub-section (1)

Notes."

Contravention of the provisions of this section is an offence under section 89 of the Act.

(1) Where a person surrenders ownership or possession or both of land as provided in section 61 or section 63 he shall be entitled to compensation. Where in respect of any such land there is an intermediary, he shall also be entitled to compensation.

(2) The compensation payable to any person surrendering ownership, possession or equity of redemption over any land shall be the aggregate of-

(i) the full value of any structures, wells and embankments of a permanent nature situate in the land and belonging to him; and

(ii) the percentage of the market value of the land and improvements other than those specified in clause (i) calculate as follows:-

On the first Rs. 15.000 of the market value of his ....... 60 percent interests in all the lands surrendered

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

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

On the next Rs. 15,000 of the market value of his interests in all the lands surrendered ....... 45 per cent

On the next Rs. 15,000 of the market value of his interests in all the lands surrendered ....... 40 per cent

On the next Rs. 15,000 of the market value of his interests in all the lands surrendered ....... 35 per cent

On the next Rs. 15,000 of the market value of his interests in all the lands surrendered ....... 30 per cent

On the balance of the market value of his interests in all the lands surrendered ....... 25 per cent

Explanation."

For the purpose of this Clause "the interest of any person" in the land surrendered shall not include his interest with respect to structures, wells and embankments of a permanent nature.

(3) Where the landowner surrenders ownership of excess land, the compensation payable to him and the intermediary, if any, shall be at the same rate as is payable under section 52 as if the right, title and interest of the landowner and the intermediary, if any, vested in the Government.

(4) Where a tenant surrenders possession of excess land the compensation payable to such tenant and intermediary, if any, shall be such portion of the compensation payable for the surrender of full rights as would fall to the share of the tenant or the intermediary if the amount of compensation were divided among the landowner, intermediary and tenant in proportion to the respective profits derived by such from the land.

Explanations."

"Profit derived from the land" shall mean-

(i) in the case of the landowner, the rent which he was entitled to get from the tenant holding immediately under him;

(ii) in the case of the tenant surrendering possession, the difference between the net income from the land and the rent payable by him to his landlord; and

(iii) in the case of the intermediary, the difference between the rent due to him from his tenant and the rent for which he is liable to his landlord.

(5) Where an owner of land surrenders the equity of redemption over any land, the amount due to the mortgage under the mortgage shall be deducted from the compensation amount and the balance alone shall be paid to the owner.

(6) Pending the determination of the amount of compensation payable to any person under this section, it shall be competent for the Land Board to pay such amount as it considers proper to such person as part payment of the compensation on taking proper security in case it is found that he is entitled to such amount. The amount so paid shall be deducted from the compensation payable to such person and the Land Board shall pay to him only the balance.

(1) As soon as may be after the Land Board has determined the extent and particulars of any land, the ownership or possession or both of which is or are to be surrendered, the Land Board shall, forwarding necessary documents, direct the Land Tribunal to prepare and submit to the Land Board a statement of the market value of such land and of the interests, in the land showing the following particulars:-

(a) the description of the land or interests in the land valued;

(b) the name and address of the person surrendering;

(c) the names and address of the cultivating tenant, intermediary and landowner;

(d) the market value of the land or as the case may be, of the interests of the cultivating tenant, landowner and intermediary;

(e) the names of the holders of the encumbrances, maintenance or alimony pertaining to the interests valued and the amount payable to each; and

(f) such other particulars as may be prescribed.

(2) On receipt of the direction under sub-section (1), the Land Tribunal shall determine the market value of the interests directed to be valued and the amount of the encumbrance, maintenance or alimony subsisting on such interests after giving to all persons interested an opportunity to be heard.

(3) Where any land the ownership or possession or both of which is or are surrendered to, or assumed by, the Government forms part of the security for an encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of discharging the same apportion the entire encumbrance, maintenance or alimony between the land surrendered to, or assumed by, the Government and the portion of the security remaining in proportion to the values of the two portions of the security.

(1) Any person aggrieved by the orders of the Land Tribunal under section 65 may appeal against such order within such time as may be prescribed, to the court of the District Judge having jurisdiction over the area in which the land is situate. The dicision of the court such appeal shall be final subject to the provisions of section 76.

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

(1) Within two weeks after the expiry of the period of appeal from the orders of the Land Tribunal prescribed under section 66 or where there has been an appeal, within two weeks after the disposal of the same, the Land Tribunal shall prepare a statement showing the particulars mentioned in section 65. A copy of the statement so prepared shall be forwarded immediately to the Land Board by the Land Tribunal.

(2) On receipt of the statement under sub-section (1), the Land Board shall determine the amount of compensation payable to the landowner, the cultivating tenant and the intermediary, if any, in accordance with the scales specified in section 64 and the amount payable to the holders of the encumbrance, maintenance or alimony.

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

(4) Where the land or the ownership or possession of the land which has been surrendered, is subject to any encumbrance, maintenance, or alimony, the value of the encumbrance, maintenance, or alimony, shall be deducted from the compensation amount payable to the person liable for such encumbrance, maintenance or alimony. If the total amount of such encumbrance, maintenance or alimony is more than the amount of compensation, the compensation amount shall be distributed to the holders of the encumbrance, maintenance or alimony in the order of priority and on such payment the liabilities in respect of the encumbrance, maintenance or alimony shall stand extinguished:

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

(1) The compensation or the amount of encumbrance, as the case may be, shall be paid either in cash or in negotiable bonds redeemable in ten years and carrying interest at the rate of 41/2 per cent per annum with effect from the date on which the ownership or possession or both of the land has or have vested in the Government under section 62, or section 63 or partly in cash and partly in such bounds.

(2) The provisions in sub-sections (4), (5), (6) and (7) of section 54 shall, as far as, may apply to the payment of compensation and the amount of encumbrance, maintenance or alimony.

The payment of compensation in the manner specified in section 68 shall be a full discharge of the liability for payment of compensation and no further claim therefor shall lie.

Any person who does not possess any land or possess only less than five acres of double crop nilam or its equivalent may apply to the Land Board for assignment of lands to him.

Explanation."

For the purpose of this section "assignment" includes transfer of land by way of lease.

The Land Board shall after reserving in each village the lands necessary for public purposes, assign the balance of the lands vested in the Government under section 62 or section 63 as specified bellow:-

(i) the holdings in which there are kudikidappukars shall, as far as possible, be assigned to such kudikidappukars;

(ii) out of the remaining area available for assignment-

(a) fifty percent shall be assigned to the landless agricultural labourers of which one half shall be assigned to the landless agricultural labourers belonging to Scheduled Castes or Scheduled Tribes residing in the same village or adjacent villages;

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

(c) the remaining fifteen per cent shall be assigned to the cultivator who do not possess more than 5 acres of double crop nilam or its equivalent:

Provided that on assignment lands under this sub section to the persons specified in sub clauses (a), (b) or (c) preference shall be given to Co-operative Societies formed by persons specified in the respective sub clauses:

Provided further that where the excess land that is available for assignment is either kayal or kole nilam, such land shall be assigned only to co-operate Societies formed by landless agricultural labourer.

Explanation."

For the purposes of this sub-section, a kudikidappukaran or a tenant of a kudiyiruppu shall be deemed to be a landless agricultural labourer if he does not possess any other land.

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

(3) Where a person possess any land only so much land as will make the extent of land in his possession five acres of double crop nilam or its equivalent shall be assigned.

(1) The purchase price of the land assigned on registry under section 71 shall be the aggregate of-

(i) the full value of any structures, wells and embankments of a permanent nature situated in the land; and

(ii) fifty-per cent of the market value of the land and the improvements other than those specified in clause (i)

and shall be payable in 16 equal annual installments, the first installment being payable before the assignment.

(2) Where the purchase price is payable in installments, the amount outstanding after payment of each installment shall bear interest at the rate of 4 per cent per annum.

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

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

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

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

(ii) A Judicial Officer not below the rank of a District Judge, nominated by the Government in consultation with the High Court;

(iii) a member nominated by the Government.

(2) (a) The functions of the Land Board may be exercised by a Bench consisting of all the members of the Board or by a bench consisting of two members constituted by the Chairman or in the event of the office of a member other than the Chairman being vacant, By a bench consisting of the Chairman and the other member;

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

Notes.-- Section 81 provides for the delegation of powers by the Land Board to the Land Tribunal.

(1) The Land Board and the Land Tribunal constituted under this Act shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure 1908, in respect of the following matters namely:-

(a) summoning and enforceing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit;

(d) issuing commission for the examination of witnesses or for local investigation; and

(e) any other matter which may be prescribed.

(2) The Land Board shall have Superintendent over all the Land Tribunals and the Land Board may-

(a) call for returns from the Land Tribunals:

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of the Land Tribunals;

(c) prescribe forms in which books, entries and accounts shall be kept by the Land Tribunals; and

(d) on the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard or of its own motion, without such notice, transfer any application or other proceedings pending before any Land Tribunal to any other Land Tribunal or retransfer the same for trial or disposal to the Land Tribunal from which it was originally transferred.

(1) Any person aggrieved by

(i) any final order passed in an appeal against the order of the Land Tribunal; or

(ii) any final order passed by the Land Board under this Act, may within such times as may be prescribed, prefer a petition to the High Court against the order on the ground that the Appellate Authority or the Land Board, as the case may be, has either decided erroneously.

or failed to decide any question of law.

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

Unless otherwise specially provided in this Act, the provisions of section 5 of Indian Limitation Act, 1908 shall apply to all proceedings under this Act.

Notwithstanding anything contained in this Act or in any other law or in any contract or order or decree of court, where on any land leased for commercial or industrial purpose the leases has constructed buildings for such commercial or industrial purpose before 18th December 1957, he shall not be liable to be evicted from such land but shall be liable to pay rent under the contract or tenancy. Such rent shall be liable to be varied every twelve years in the motion of the lessor or the lessee, in such manner as may be prescribed.

Explanation."

If between the 18th December 1957 and the date of commencement of this Act any decree or order of court has been executed and any person dispossessed by delivery, such person shall on application before the Land Tribunal, be entitled to restoration of possession;

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

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

The Government may appoint any officer for bringing to the notice of the Land Tribunal or the Land Board, as the case may be, any fact or information material for the purpose of implementing the provisions of this Act or for moving the Land Tribunal or the Land Board to take any action necessary for such purpose.

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

The Land Board may, by general or special order in writing delegate to the land Tribunal any of its powers under this Act subject to such conditions and reservations as it may deem fit.

(1) If any difficulty arises in the application of the provisions of this Act to any area on account of local variations or difference in nomenclature between the tenure prevailing in that area (by whatever name such tenures may be known) and the corresponding tenures prevailing in the remaining part of the State, the Government may, subject to the provisions of sub-section (2), by notification in the Gazette, direct that the said provisions shall apply to the aforesaid area subject to such adaptations, exceptions and modifications as may be specified in this behalf in such notification.

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

(i) approve with or without modification; or

(ii) disapprove,

the said draft during the period aforesaid it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.

Notwithstanding anything contained in sub-section (2) of section 5 of the Cochin Verumpattomdars Act VIII of 1118, the pattam payable by a Verumpattamdars, to whom the provisions of the said sub-section applied, for the period subsequent for the first day of Chingom, 1124 till the date of commencement of this Act, shall only be the amount payable immediately before the commencement of the said Verumpattamdars Act, whether or not, such contract was renewed after such commencement.

Notes."

Section 5 (2) deals with the pattern payable by a Verumpattamdar where cocoanut is the major produce of the land. Proclamation VI of 1124 of Cochin stayed the collection and recovery of pattom in excess of the pattom payable in money specified in the contract of tenancy, in respect of garden lands the major produce of which is cocoanut, from 1st day of Chingom 1124. This proclamation is repealed by this Act. (See section 95).

(1) Where the land comprised in a holding is acquired under the law for the time being in force providing for the compulsory acquisition of land for public purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, intermediaries, cultivating tenant and the Kudikidappukaran in the manner specified in sub-section (2) to (4)

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

(3) The Kudikidappukaran shall be entitled to ninety per cent of the value of the land occupied by his homestead or hut.

(4) The balance remaining after making the payments referred to in subsection (2) and (3) shall be apportioned among the landowner the intermediaries and the cultivating tenant in proportion to the profit derivable by them from the land acquired immediately before such acquisition.

Explanation."

"Profits derivable from the land "shall be deemed to be equal to (1) in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately under him, (ii) in the case of an intermediary the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord, and (iii) in the case of a cultivating tenant the difference between the net income and the rent payable by him, and the rent payable by the cultivating tenant and the intermediary for the purpose of this explanation shall be as calculated under the provisions of section 16.

(5) Where the land acquired is comprised in the holding of a Kudiyan, as defined in the Travancore Jenmi and Kudiyan Act of 1071, or of a Kanom Tenant as defined in the Kanom Tenancy Act, 1955, the compensation amount to be apportioned under sub-sections (2) to (4) shall be the share of the Kudiyan or the Kanom Tenant as ascertained under section 45 of the Travancore Jenmi and Kudiyan Act of 1071, or section 48 of the Kanom Tenancy Act, 1955, as the case may be.

(1) Sections 7 and 9 of the Devaswom Verumpattamdars (Settlement) Proclamation XXIII of 1118; shall be omitted.

(2) In the Explanation 1 to section 45 of the Travancore Jenmi and Kudiyan Act of 1071, for the words Sixteen and two-third times" the words "eight and one-third times'' shall be substituted.

(3) In the Explanation 1 to Section 48 of the Kanom Tenancy Act, 1955, for the words, "Sixteen and two-third times" the words "eight and one-third times" shall be substitued.

Notes."

Section 7 of the Proclamation deals with the acquisition of land comprised in the holding belonging to a Pattadar under Land Acquisition Act. Section 9 makes the provisions of the Cochin Verumpattamdars Act 1118 applicable to Verumpattamdars under Pattadars.

(1) Any appearance, application or act in or to any Land Tribunal or Land Board required or authorised by law to be made or done by a party in such Land Tribunal or Land Board, may be made or done by the party in person or by his recognised agent or by a pleader appearing, applying or acting as the case may be on his behalf:

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

(2) The recognised agent or parties by whom such appearance, application and act may be made or done are persons holding powers of attorney authorising them to make and do such appearance, application and act on behalf of such parties.

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

The Members of the Land Board and the Land Tribunal and any officer appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(1) Whoever willfully contravenes the provisions of sub-section (2) of section 61 or section 63 or of any rules made under this Act, shall on conviction be liable for the first offence to fine not exceeding one hundred rupees and for every subsequent offence to fine not exceeding one thousand rupees;

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

Notes."

Section 61 (2) lays down that those who own or hold land in excess of the ceiling area should within a period of six months from the commencement of the section file a statement before the Land Board giving details about their land and indicating the lands proposed to be surrender. Section 63 deals with the surrender of excess lands a person gets after the date notified under section 59 (3).

No suit, prosecution or other legal proceedings shall lie against any officer for anything in good faith done or intended to be done under this Act or the rules made thereunder.

No order of the Land Tribunal or the Land Board under this Act shall be called in question in any court, except as provided in this Act.

Notes."

Section 76 provides for the revision by High Court, of a final order passed in appeal against the order of the Land Tribunal and of a final order passed by the Land Board. An appeal lies from the order of the Land Tribunal to the Court of the District Judge.

The provisions of this Act shall have effect notwithstanding anything in any other law or any custom or usage or in any contract, express or implied, inconsistent with the provisions of this Act.

If any difficulty arises in giving effect to the provisions of this Act, Government may, as occasion may require, by order, do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.

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

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

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

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

(c) the procedure to be followed in the preparation of valuation statements;

(d) the filing of statements before the Land Tribunal and the Land Board.

(e) the procedure to be followed by the Land Tribunal and the Land Board:

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

(g) the management of land before assignment under section 73;

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

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

(1) The enactments mentioned in Schedule III are hereby repealed.

(2) (a) The Proclamation XVI of 1122 (Cochm), dated the 14th February 1947, the Proclamation VI of 1124 (Cochin), dated the 12th January 1949, the Kerala Stay of Eviction Proceedings Act, 1957 and Madras Tenants and Ryots Protection Act, 1949, are hereby repealed and all suits, appeals, revisions, reviews and proceedings in execution of decree stayed by the said enactments may be disposed of in accordance with the provisions of this Act.

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

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

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

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

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

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

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

Notes."

The Malabar Tenancy Act extended to the whole of the erstwhile District of Malabar and to the 33 villages in the South Canary District specified in the Schedule to the said Act The Cochin Verumpattamdars Act, 1118 extended to the erstwhile State of Cochin. The Madras Cultivating Tenants (Payment of fair rent) Act, 1956 extended to the areas in the erstwhile State of Madras other than the areas to which the Malabar Tenancy Act extended. Proclamation XVI of 1122 (Cochin) stayed action for eviction of Verumpattamdars with Residential houses of their own in Municipalities. Proclamation VI of 1124 (Cochin), stayed the collection and recovery of pattom in excess of the pattom payable in money specified in the contract of tenancy in respect of garden lands the major produce of which is Cocoanut. Prevented the eviction of Verumpattamdars for nonpayment of pattom, prevented the redemption of certain kanams, prevented the redemption of certain mortgages with possession, and prevented the eviction of a tenant of a building the monthly rent of which is below Rs. 3.