The Kanam Tenancy Abolition Act, 1976[1] Complete Act - Bare Act |
State | Kerala Government |
Year | 1976 |
THE KANAM TENANCY ABOLITION ACT, 1976[1] |
(Act 16 Of 1976) An Act to provide for the abolition of the intermediary rights of jenmies in lands held by kanam tenants in the Cochin area of the State
AND WHEREAS such jenmies are intermediaries between the State and the cultivators and their right to receive jenmikaram is a right in land; AND WHEREAS it is considered necessary to abolish such intermediary right and to confer on the kanam tenants full proprietary rights over their holdings; Be it enacted in the Twenty-seventh Year of the Republic of India as follows:-
the Kanam Tenancy Abolition Act, 1976. (2) It extends to the whole of the Cochin area of the State of Kerala. (3) It shall be deemed to have come into force on the 1st day of January, 1970. 2. (a) "appointed day" means the 1st day of January, 1970; (b) " Cochin area" means the area comprising- (i) the portion of the State of Kerala which before the 1st day of July, 1949, formed the State of Cochin excluding the enclaves absorbed in the Malabar district under the Provinces and States (Absorption of Enclaves) Order, 1950; and (ii) the enclaves which formed part of the Malabar district absorbed in the State of Travancore-Cochin under the said Order; (c) the expressions "cultivating tenant". "the holder of a kudiyiruppu" and "wakf" shall have the meanings respectively assigned to them in the Kerala Land Reforms Act, 1963(1 of 1964); (d) the expressions "holding", "jenmi", "jenmikaram" and "kanam" shall have the meanings respectively assigned to them in the Kanam Tenancy Act, 1955 (XXIV of 1955); (e) the expression "institution of a public nature" shall include a public trust and a wakf; (f) "kanam tenant" means a person who holds land on kanam tenure and includes- (i) the heir, assignee or legal representative of such person; or (ii) a cultivating tenant or holder of a kudiyiruppu in whom the right, title and interest of such person have vested under the provisions of the Kerala Land Reforms Act, 1963 (1 of 1964); (g) "prescribed" means prescribed by rules made under this Act; (h) "Settlement Officer" means the Settlement Officer appointed under section 23.
(2) Every jenmi whose right to receive payment of jenmikaram has been extinguished under sub-section (1) shall be entitled to receive and be paid by the Government the amount or annuity specified in section 4. 4. (2) The amount payable under sub-section (1) shall be deemed to have accrued due from the appointed day and interest thereon shall be payable at the rate of four and a half per centum per annum from the appointed day till the date of payment of the amount, in case the amount is paid in cash or till the date of redemption of the bonds, if the amount is paid in Government bonds. (3) Where the jenmi whose right to receive payment of jenmikaram has been extinguished is, at the commencement of this Act, a religious or charitable institution of a public nature, the Government shall pay to the institution every year an amount equal to the balance arrived at after deducting from the jenmikaram which such institution was entitled to receive immediately before the appointed day, five per centum of such jenmikaram towards collection charges
(4) Notwithstanding anything contained in this section, if jenmikaram has been received by or on behalf of any jenmi for any period commencing on the appointed day, it shall be deducted from and adjusted against the amount payable under sub-section (1) or sub-section (3), as the case may be. 5. 6. Provided that if the amount payable under the said sub-section (1) or the annuity payable under the said sub-section (3), as the case may be, to a jenmi has not been determined in accordance with the provisions of this Act before the expiry of one year from the date of publication of the Kanam Tenancy Abolition Ordinance, 1975, in the Gazette, the Government shall, on the application of the jenmi concerned, direct the interim payment under this sub-section. (2) The amount payable under sub-section (1) shall be paid in such manner as may be prescribed and shall be deemed to be part of the amount payable under sub-section (1) of section 4 or the annuity payable under sub-section (3) of that section, as the case may be, and shall be deducted from and adjusted against it. (3) Where there is a dispute in regard to the right to the amount or annuity payable under section 4 or any portion thereof, no interim payment shall be made under sub-section (1) of this section. 7. 8. payment of the amount or annuity under section 4, be deemed to describe correctly the right, title and interest of every jenmi and kanam tenant in respect of the holding or part thereof to which it relates: Provided that any modification, alteration or correction made in the register in consequence of - (a) a decree or order of any court; or (b) a valid transfer of a holding or part of a holding or the right to receive jenmikaram, whether by act of parties or by operation of law, on or after the appointed day and before the publication of the Kanam Tenancy Abolition Ordinance,1975, in the Gazette, shall be taken into account by the Settlement Officer.\ (2) Nothing contained in sub-section (1) shall preclude the Settlement Officer. from correcting, either on his own motion or on the application of any person interested, a clerical or arithmetical mistake or error apparent on the face of the record, if he is satisfied that such a mistake or error exists in any entry in the register: Provided that no such correction shall be made without giving an opportunity to the party who may be affected thereby of being heard. 9. (a) the Jenmikaram in respect of the holding or part thereof; (b) the names of persons entitled to receive the jenmikaram ; (c) the kanam tenants liable to pay the jenmikaram in respect of the holding or part thereof; (d) the amount or annuity , as the case may be , payable under this Act; and (e) such other particulars as may be prescribed. 10. (a) publish a notice in such manner as may be prescribed, to the effect that the roll has been prepared and is open to inspection by any person interested ; (b) serve or cause to be served on the jenmi and the kanam tenant concerned, a notice along with a copy of the roll. (2) The notice under sub-section (1) shall call upon all persons interested, including members of the family of the jenmi claiming any portion of the amount payable under sub-section (1) of section 4, whether by way of a share or by way of maintenance or otherwise to appear and file objections and claims within such period as may be prescribed. (3) If any objection or claim is filed within the time prescribed, it shall be registered by the Settlement Officer who shall fix a date for hearing the same and shall give intimation to the jenmi concerned and to any other person interested who may have appeared in response to the notice under sub-section (1). (4) On the date fixed or on any date to which the proceedings are adjourned, the Settlement Officer shall inquire into and decide the claims and objections. (5) In hearing and deciding the objections and claims filed under sub-section (3), the Settlement Officer shall, in so far as they may be applicable, have all the powers of a civil court, and, subject to such modifications as may be prescribed, follow the procedure laid down in the Code of Civil Procedure, 1908, for the hearing and disposal of suits relating to immovable property. 11 . (2) Notwithstanding anything contained in any law, any person aggrieved by an order of the Settlement Officer may appeal within thirty days of the receipt by him of the order to the District Court having jurisdiction over the area in which the holding is situate, and the order of the District Court on such appeal shall be final. 12. Provided that no such correction shall be made without giving an opportunity of being heard to the party who may be affected thereby. 13. (2) Where before any court or any 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 amount or annuity, as the case may be, payable under section 4, the court or authority may require the Settlement Officer to place at its disposal the amount or annuity so payable, and thereupon the same shall be disposed of in accordance with the orders of such court or authority. 14. 15. (2) Notwithstanding anything contained in section (1) or in any judgment, decree, or order of court, all such arrears as are referred to in that sub-section shall be deemed to be fully discharged if the kanam tenant pays [on or before the 31st day of December] [1981], an amount equal to the arrears of jenmikaram for the one year immediately preceding the appointed day or the actual arrears outstanding on that day, whichever is less. [15A. (2) Any person entitled to restoration of possession of his holding under sub-section (1) may, within a period of six months from the date of publication of the Kanam Tenancy Abolition (Second Amendment) Ordinance,1979, in the Gazette, deposit an amount equal to the arrears of jenmikaram for the one year immediately preceding the appointed day in the court which passed the decree and apply to that court for setting aside the sale and for restoration of possession of his holding: Provided that where the holding has been sold to a purchaser other than the decree-holder, the amount to be deposited under this sub-section shall be equal to the purchase money together with interest at the rate of six per cent per annum. (3) The court shall, if satisfied after such summary inquiry as it deems fit, set aside the sale and restore the applicant to possession of his holding. (4) Where the amount deposited under sub-section (2) is not found sufficient, the court shall not pass an order under sub-section (3) unless the deficit amount is deposited in the court within such period as the court may direct. (5) The court may also order the applicant to deposit in the court such amount as may be specified by it towardscost of the auction purchaser and the value of improvements, if any, effected on the holding after the sale. CHAPTER III
16. (2) Notwithstanding anything contained in sub-section (1), the jenmikaram, if any, paid by the kanam tenant in accordance with the provisions of the Kanam Tenancy Act, 1955, for any period commencing on the appointed day, shall be deducted from, and adjusted against, the compensation payable by him under that sub-section. (3) The compensation recoverable from the kanam tenant shall, subject only to the priority of any tax or cess payable to the Government, be a first charge on the holding and shall be recovered from the kanam tenant in the manner hereinafter provided. 17. (2) If any sum in excess of the amount of an installment is paid, it shall be credited in reduction of the total amount due, the number of future instalments being, if necessary, reduced, but no postponement of subsequent installments shall be permitted, nor shall the alteration in the amounts of subsequent installments allowed except in the final instalment, if such alteration is necessary to adjust the balance due.. (3) Where a kanam tenant pays the entire amount due in a lump sum on the date on which the first instalment is payable, he shall be allowed a rebate of five per centum of the amount so paid. 18. 19. 20. (a) of the execution of the instrument of transfer or after its registration, if it be registered, or after the transfer is effected, if no instrument be executed; or (b) from the date of publication of the Kanam Tenancy Abolition Ordinance, 1975, in the Gazette, whichever is later, give notice of such transfer to the Settlement Officer. (2) In the event of death of any person primarily liable as aforesaid, the person to whom the title of the deceased has been transferred as heir or otherwise, shall give notice of such transfer to the Settlement Officer within one year of the death of the deceased or within one year from the date of publication of the Kanam Tenancy Abolition Ordinance, 1975, in the Gazette, whichever is later. (3) The notice to be given under this section shall be in such form as may be prescribed and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the Settlement Officer any document evidencing such transfer or succession. (4) Every person who does not give notice of any transfer referred to in sub-section (1) or sub-section (2) in accordance with the provisions of this section shall (in addition to any other liability which he may incur through such neglect) continue liable for the payment of the compensation in respect of the land transferred until he gives such notice or until the transfer has been recorded in the revenue registers, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said compensation. 21. (2) Where a holding is divided after the date of publication of the Kanam Tenancy Abolition Ordinance, 1975, in the Gazette, the kanam tenant shall continue liable for the payment of compensation due to the Government unless such division is effected with the permission of the Settlement Officer or such other officer empowered in this behalf by the Government by notification in the Gazette and the necessary entries, fixing the respective liabilities have been made in the revenue records in accordance with the division. (3) Nothing contained in sub-section (1) or sub-section (2) shall preclude the Government from proceeding against the entire holding and recovering the amount due to the Government leaving the parties to settle their claims against each other between themselves. 22.
23. 24. (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or for local investigation; (e) requisitioning any public record or copy thereof from any court or office; and (f) any other matter which may be prescribed. 25. 26. 27. 28. 29 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed; (b) the proportion in which the amount payable under sub-section (1) of section 4 may be paid in cash or in bonds; (c) the extent and manner of interim payments under section 6; (d) the manner in which rolls have to be prepared under section 9; (e) the time within which objections and claims have to be filed under sub-section (3) of section 10; (f) the fees to be paid in respect of applications and appeals under this Act. (3) Every rule made under this Act and every order issued under section 28 shall be laid as soon as may be after it is made or issued before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or order or decides that the rule or order should not be made or issued, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order. 30 (a) in section 2,- (i) in clause (22), the proviso shall be omitted; (ii) in clause (40), sub-clause (c) shall be omitted; (b) in section 30A, after the words, figures and letters "the 1st day of May, 1966", the words and figures "and before the commencement of the Kanam Tenancy Abolition Act, 1976", shall be inserted; (c) in section 72R , in sub-section (1), before the words "and the kanam tenant shall have no liability to pay such jenmikaram", the words and figures "until the commencement of the Kanam Tenancy Abolition Act, 1976", shall be inserted; (d) in section 112, sub-section (6) shall be omitted; (e) in section 114. sub-section (3) shall be omitted. 31. (2) Notwithstanding the repeal of the Kanam Tenancy Abolition Ordinance, 1975 (21 of 1975), by sub-section (1), anything done or any action taken under that Ordinance shall be deemed to have been done or taken under this Act. |
Kerala State Acts |