Act Info:
| THE KERALA LAND REFORMS (AMENDMENT) ACT, 1989 [1] |
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THE KERALA LAND REFORMS (AMENDMENT) ( ACT 16 OF 1989 ) An Act further to amend the Kerala Land Reforms Act, 1963. Preamble ."WHEREAS it is expedient further to amend the Kerala Land Reforms Act, 1963, for the purposes hereinafter appearing; BE it enacted in the Fortieth Year of the Republic of India as follows: " 1. Short title and commencement . " (1) This Act may be called the Kerala Land Reforms (Amendment) Act, 1989. (2) It shall come into force at once. 2. Amendment of section 2. " In section 2 of the Kerala Land Reforms Act, 1963 (1 of 1964) (hereinafter referred to as the principal Act), to clause (23A), the following Explanation shall be added, namely: " " Explanation . " For the purpose of this clause, so much of the land appurtenant to the land under Karaima belonging to the landlord or any person claiming through him and in the possession and beneficial enjoyment of the Karaima holder or his legal representative or any other person claiming through him as on the 24 th day of January, 1989 shall, subject to a maximum of three cents in Corporation area, five cents in Municipal area and ten cents in Panchayath area, inclusive of the land under the Karaima, be deemed to be Karaima: Provided that where the extend of the land appurtenant in the possession and beneficial enjoyment is in excess of the extend specified above as on the 24 th day of January, 1989, such land shall also be deemed to be Karaima;". 3. Amendment of section 3. " For the first proviso to clause (vi) of sub-section (1) of section 3 of the principal Act, the following proviso shall be substituted, namely: " "Provided that this clause shall not apply to a tenancy created by any person who was governed by the Madras Aliyasanthana Act, 1949:". 4. Amendment of section 7B. " After sub-section (2) of section 7B of the principal Act, the following sub-section shall be added; namely: " "(3) Notwithstanding anything to the contrary contained in this Act or in any other law or in any contract, custom or usage or in any judgment, decree or order of any court, any person in occupation of land on the basis of an oral permission or a deed purporting to be lease deed, granted by a person governed by the Madras Aliyasanthana Act, 1949 shall be deemed to be tenant, if he or his predecessor-in-interest was in occupation of such land at the commencement of the Kerala Land Reforms (Amendment) Act, 1969" 5. Amendment of section 72D. " In section 72D of the principal Act, after sub- section (1), the following sub-section shall be inserted, namely: " "(1A) Where the total extent of land held as tenant by a cultivating tenant is one hectare or below, he shall not be liable to pay purchase price under sub-section (1) Explanation." For the removal of doubt it is hereby clarified that the benefit conferred to a cultivating tenant under this sub-section shall not affect the eligibility of the land owner or intermediary, if any, to receive compensation to which he is entitled under the Act.". 6. Amendment of section 80 A. " In section 80 A of the principal Act, for sub-section (8) and the proviso there under, the following sub-section shall be substituted, namely: " "(8) The purchase price payable by the kudikidappukaran shall be met from the Kudikidappukar's benefit. Fund constituted under section 109.". 7. Amendment of section 80 C." (1) In section 80C of the principal Act, sub-section (1), (5) and (6) shall be omitted. 8. Omission of section 80 D." Section 80 D of the principal Act shall be omitted. 9. Amendment of section 80G "In section 80 G of the principal Act, the proviso under sub-section (1) shall be omitted. 10. Amendment of section 85 ."In section 85 of the principal Act, " (a) in the second proviso to sub-section (9), for the words "after the expiry of three years ", the words "after the expiry of seven years" shall be substituted; (b) after sub-section (9), the following sub-section shall be inserted, namely: " "(9A) Power of Taluk Land Board to review its decision." Notwithstanding anything contained in this Act or in the Limitation Act, 1963, (Central Act 36 of 1963), or in any other law for the time being in force, or in any judgement, decree or order of any Court or other authority, the Taluk Land Board may, if it is satisfied that its decision under sub-section (5) or sub-section (7) or sub-section (9) requires to be reviewed on the ground that such decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession before it, or by collusion or fraud or any suppression of material facts the Taluk Land Board may review such decision after giving an opportunity to the parties of being heard and pass such orders as it may think fit: Provided that the Taluk Land Board shall not reopen any such case after the expiry of three years from the date of coming into force of the Kerala Land Reforms (Amendment) Act, 1989.". 11 . Substitution of new section for section 92."(1) For section 92 of the principal Act, the following section shall be substituted, namely: " "92. Payment of compensation and amount of encumbrance." (1) The compensation or amount of encumbrance, as the case may be, shall be paid, " (a) where the person entitled to receive the compensation or the amount of encumbrance is not a private trust or endownment or a body corporate, the compensation or the amount of encumbrance shall be paid either in cash or in negotiable bonds redeemable after the expiry or sixteen years and carrying simple interest at the rate of four and a half percent 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 86 or section 87 or partly in cash and partly in such bond, in such manner as may be prescribed; (b) where the person entitled to receive the compensation or the amount of encumbrance is a private trust or endownment or a body corporate, the compensation or the amount of encumbrance shall be paid in cash or in treasury certificate to be encashed after the expiry of sixteen years and carrying simple interest at the rate of four and a half percent 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 86 or section 87 or partly in cash and partly in such treasury certificate, in such manner as may be prescribed. (2) Where the person entitled to receive the compensation or the amount of encumbrance is a minor or a person suffering from some legal disability or a limited owner, the compensation or the amount of encumbrance, either in cash or in negotiable bond or partly in cash and partly in such bond as may be payable under sub-section (1), shall, 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. (3) Where a person entitled to the compensation or the amount of encumbrance under sub-section (1) dies before it is paid to him, it shall be paid to his legal representatives: Provided that if such person has, in accordance with the rules made in this behalf, nominated any member of his family to receive the amount, the same shall be paid to such nominee. Explanation ."For the purposes of the preceding proviso, "member of family" means wife or husband, son or daughter of such person. (4) 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, 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.". 12. Amendment of section 109 ."In section 109 of the principal Act, in clause (b) of sub-section (4), the words "one half of" shall be omitted. |
| Kerala State Acts |