The Kerala Stay of Eviction Proceedings Bill, 2004 Complete Act - Bare Act

A BILL to provide for the stay of eviction of certain cultivating tenants and small holders from lands purchased by them and which are subsequently found as excess land to be surrendered under the provisions of the Kerala Land Reforms Act, 1963.

Preamble:- WHEREAS numerous proceedings are pending before the land Tribunals, the Taluk Land Boards, the State Land Board, the Courts, the Revenue Authorities or other Authorities, wherein small holders and cultivating tenants who purchased or otherwise acquired land for consideration evidenced by registered documents or otherwise are under threat of eviction or deprival of ownership;

AND WHEREAS, there was persistent demands from the general public and organizations to protect such small holders and cultivating tenants, who are purchasers of such land, from eviction and deprival of ownership of such land.

AND WHEREAS, in order to protect such small holders and cultivating tenants from eviction and deprival of ownership, pending enactment of a legislation protecting their rights and interests on such land, for a temporary period, the Kerala Stay of Eviction Proceedings Act, 1998 (5 of 1998) was enacted;

AND WHEREAS, the Kerala Stay of Eviction Proceedings Act, 1999 (26 of 1999) was enacted, giving period of operation for two years from 31st March, 1999 as the period of operation of the aforesaid enactment expired on 30th March, 1999.

AND WHEREAS, the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001) was promulgated by the Governor on 13th March, 2001, extending the period of operation of Act 26 of 1999 for a further period of one year;

AND WGEREAS, the Kerala Stay of Eviction Proceedings Act, 2001 (11 of 2001) was enacted giving period of operation from 18th July, 2001 to 31st March, 2003, as the said Ordinance had ceased to operate on the 17th July, 2001 under the provisions of sub-clause (a) of clause (2) of Article 213 of the Constitution;

AND WHEREAS, the Kerala Stay of Eviction Proceedings (Amendment) Act, 2003 (8 of 20030 was enacted extending the period of operation of Act 11 of 2001 for a further period of one year, the period of operation of which had expired on 31st March, 2004.

AND WHEREAS, some more time is required for enacting a legislation to protect the rights and interests of such small holders and cultivating tenants on such land;

AND WHEREAS, difficulties will arise if such small holders and cultivating tenants are evicted from and deprived of ownership of such land before the legislation to protect to their rights and interests is enacted.

AND WHEREAS, the Government consider it necessary, in the public interest, to provide for temporary protection of such small holders and cultivating tenants from eviction and deprival of ownership, pending enactment of a legislation protecting their rights and interests on such land;

BE it enacted in the Fifty-Fifth year of the Republic of India as follows:-

1. Short title, extent and commencement.- (1) this Act may be called the Kerala Stay of Eviction Proceedings Act, 2004.

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

(3) It shall be deemed to have come into force on the 1st day of April, 2004 and shall be in force till 31st day of March, 2005.

2. Interpretation.- Unless the context otherwise requires, words and expressions used in this Act shall have the meanings, respectively, assigned to them in the Kerala Land reforms Act, 1963 (1 of 1964)

3. Stay of Eviction Proceedings.- (1) Notwithstanding anything to the contrary contained in the Kerala Land Reforms Act, 1963 (1 of 1964), or in any other law for the time being in force or in any Judgment, decree or order of any court or in any proceedings of the Land Tribunal, the Taluk Land Board, the State Land Board or any other authority, during the period of operation of this Act,-

(a) no cultivating tenant or small holder who holds or possesses any land by way of assignment or otherwise as purchaser for consideration evidenced by registered document or otherwise and which is subsequently found as excess land under the provisions of the Kerala Land Reforms Act, 1963 (1 of 1964), shall be evicted from or deprived of ownership of such land; and

(b) All legal proceedings for such eviction or deprival of ownership pending before any Court, Tribunal, Board or other authority shall stand stayed.

(2) Notwithstanding the expiry of the Kerala Stay of Eviction Proceedings Act, 2001 (11 of 2001), anything done or any action taken, after such expiry and before the publication of this Act in the Gazette by any court or the Land Tribunal, the Taluk Land Board, the State Land Board or such other authority, for evicting or depriving of ownership of such cultivating tenant or the small holder referred to in sub-section (1), shall be invalid.

(3) The cessation of operation of the Kerala Stay of Eviction Proceedings Act, 2001 (11 of 2001) on the 31st day of March, 2004 shall not adversely affect any right or privilege acquired or accrued by such cultivating tenant or small; holder under the said Act.

The period of operation of the Kerala Stay of Eviction Proceedings Act, 2001, (11 of 2001) which was intended to protect the small holders and cultivating tenants for a temporary period, who are under threat of eviction from or deprival of ownership of the land purchased or otherwise acquired, for consideration evidenced by registered documents or otherwise, expired on 31st March, 2004. But, necessary amendments are to be made in the existing Kerala Land Reforms Act to protect such small holders and cultivating tenants. Considering the delay that may be caused in this regard, Government have decided to enact a legislation for staying the eviction proceedings for a further period of 1 year from 1st April, 2004 to 31st March, 2005.

This Bill is intended to achieve the above objects.

The Bill, if enacted and brought into operation, would not involve any expenditure from the Consolidated Fund of the State.