KERALA LAND REFORMS (AMENDMENT) ACT, 1971
(1) This Act may be called the Kerala Land Reforms (Amendment) Act, 1971.
(2) Clause (b) of section 2, sections 3, 4 and 8, clauses (a) and (b) of section 10, section 12, clause (c) of section 13, section 14 to 18 (both inclusive) and sections 20 to 22 (both inclusive) shall be deemed to have come into force on the 1 st day of January, 1970 and the remaining provisions of this Act shall come into force at once.
In section 2 of the Kerala Land Reforms Act, 1963 (1 of 1964) (hereinafter referred to as the principal Act),-
(a) in clause (25), after Explanation VI, the following Explanation shall be inserted, namely:-
“Explanation VII.-For the removal of doubts it is hereby declared that a person occupying a homestead or hut situate on a land held or owned by the Government of Kerala or the Government of any other State in India or the Government of India shall not be deemed to be a kudikidappukaran;”;
(b) in the Explanation to clause (33B), for the portion beginning with the words “but shall be deemed” and ending with the words “before such inclusion;”, the following shall be substituted, namely:-
“but
In section 65 of the principal Act, in sub-section (1), after the proviso, the following Explanation shall be inserted namely:-
“Explanation.-In this sub-section, the expression “institution of a public nature” includes a public trust and a wakf.”
In section 72F of the principal Act,-
(a) in sub-section (1), for the words “in the Gazette and also in such other manner”, the words “in such manner” shall be substituted;
(b) in sub-section (3) for the words, brackets and figure “in the Gazette under sub-section (1),”. the words, brackets and figure “in the manner referred to in sub-section (1)” shall be substituted;
(c) in sub-section (5),-
(i) in clause (h), the word “and” at the end shall be omitted;
(ii) after clause (h), the following clause shall be inserted, namely:-
“(hh) where the landowner or intermediary is a religious, charitable or educatio
In section 72N of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely:-
“(1A). An application from a religious, charitable or educational institution of a public nature for annuity pending or deemed to be pending on the date notified by the Government under sub-section (1) of section 72 shall, on the date of publication of the Kerala Land Reforms (Amendment) Act, 1971, in the Gazette, abate, and where any such application has been made after the date of such publication, that application shall abate on the date on which it is received by the Land Board.
(1B). For the removal of doubts it is hereby clarified that the annuity payable to a religious, charitable or educational institution of a public nature whose application abates under sub-section (1A) shall be determined by the Land Tribunal under se
In section 75 of the principal Act.-
(a) in sub section (3A) for the words “cost of acquisition of land”, the words “amount of compensation payable for acquisition of land” shall be substituted;
(b) after sub-section (3B), the following sub-section shall be inserted, namely:-
“(3BB) Where the kudikidappukaran does not shift to the land acquired in pursuance of sub-section (3B) within a period of one month from the date of service on him of the acquisition under that sub-section, the officer referred to in that sub section shall cause him to be evicted from the existing kudikidappu.”;
(c) for sub-section (3D), the following sub-section shall be substituted, namely:-
For section 77 of the principal Act, the following section shall be substituted, namely:-
“77. Procedure to enforce shifting of kudikidappu in certain cases.-(1) If the kudikidappukaran does not comply with the requisition made under sub-section (2) or sub-section (4) of section 75 by the person in possession of the land to shift to a new site, such person may apply to the Land Tribunal having jurisdiction to entertain an application under section 80B in respect of the kudikidappu to be shifted, to enforce compliance with such requisition;
Provided that no application under this sub-section shall be made without giving the kudikidappukaran one month’s notice by registered post.
(2) The Land Tribunal, after such inquiry as it deems fit, and on being satisfi
In section 80A of the principal Act,-
(a) to sub-section (4), the following further proviso shall be added, namely:-
“Provided also that where any person in possession of any land in which there is a kudikidappu or more than one kudikidappu, has voluntarily transferred such land on or after the 1 st day of July, 1969 and before the 1 st day of January 1970 or voluntarily transfers such land on or after the 1 st day of January, 1970, the kudikidappukaran or each of the kudikidappukarans shall be entitled to purchase such extent of land as he would have been entitled to purchase if such transfer had not taken place.”;
(b) after sub section (8), the following sub-section shall be inserted, namely:-
“(8A) Notwithstanding anything c
In section 80B of the principal Act, to sub-section (3), the following proviso shall be added, namely:-
“Provided that where an application under sub-section (1) of section 77 in respect of the kudikidappu is pending, the Land Tribunal shall not pass any order under this sub-section before the disposal of that application.”.
In section 80C of the principal Act,-
(a) in sub-section (1), for the words, brackets, figures and letter “The kudikidappukaran shall deposit the first instalment of the purchase price payable by him under sub section (8) of section 80A”, the words “Where the kudikidappukaran is liable to pay his share of the purchase price, he shall deposit the first instalment thereof” shall be substituted;
(b) for sub-section (2), the following sub-section shall be substituted namely:-
“(2) On the deposit of the first instalment of the purchase price as provided in sub-section (1) or on the deposit of the purchase price in a lump as provided in sub-section (8) of section 80A or, where the kudikidappukaran is not liable to pay his share of the purchas
In section 81 of the principal Act, in clause (a) of sub-section (1), after Explanation II, the following Explanation shall be inserted, namely:-
“Explanation III.-For the purposes of this clause, “other authority” shall include a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India:”.
In section 82 of the principal Act, for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-
“(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-
(a) by one or more of such members jointly with any person or persons other than a member or members of such family or by such adult unmarried person jointly with any other person or persons; or
(b) by a co-operative society or a joint family, shall be taken into account.
Explanation.-For the purposes of this sub-section, the share of a member of a family or an
In section 85 of the principal Act,-
(a) in sub-section (2), in Explanation IV after the words “State Small Industries Corporation”, the words and figures “or to a scheduled bank as defined in the Reserve Bank of India Act, 1934, receiving assistance from the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963” shall be inserted;
(b) in sub-section (6),-
(i) in the opening portion, the words, “as far as practicable,” shall be omitted;
(ii) In the proviso, for the words “Provided that”, the words “Provided further that” shall be substituted, and before that proviso, the following proviso shall be inserted, namely:-
&nb
In section 86 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:-
“(5) Notwithstanding anything contained in the foregoing provisions of this Act, where any land is indicated in the statement under sub-section (2) of section 85 as land proposed to be surrendered, the Land Board may, pending determination under sub-section (5) of section 85 of the extent and identity of the land to be surrendered by the person who has filed the statement or on whose behalf the statement has been filed, take possession of such land if it is satisfied that such person is in possession of the land and has legal title to such possession and that the land is fit for surrender, and thereupon the provisions of sub-section (4) shall, so far as may be, apply in respect of such land.”.
In section 88 of the principal Act, for sub-section (2) and (3), the following sub-sections shall be substituted, namely:-
“(2) The compensation payable to an owner for the surrender or assumption of ownership and possession of land shall be an amount calculated at the rates specified in Schedule IV.
(3) The compensation payable to the landowner, intermediary or cultivating tenant for the surrender, assumption, vesting in the Government or extinguishment of his rights shall be the portion of an amount calculated at the rates specified in Schedule IV that will fall to his share if such amount were apportioned among the landowner, cultivating tenant and intermediary, if any in respect of the land according to the following provisions:-
(i) ninety p
In section 96 of the principal Act, for sub-section (1), the following sub-sections shall be substituted, namely:-
“(1) The Land Board shall assign on registry, subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under section 86 or section 87, as specified below:
(i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars;
(ii) the remaining lands shall be assigned to-
(a) landless agricultural labourers; and
(b) smallholders and other landlords who are not entitled to resume any land:
&nbs
In section 97 of the principal Act, in sub-section (1), for the words “equal to fifty five per cent of the market value of the land and improvements, if any, thereon”, the words and figure “calculated at the rate specified in Schedule IV” shall be substituted.
In section 98 of the principal Act, for the words and figures “section 94 and 96”, the word and figures “section 96” shall be substituted.
In section 109 of the principal Act, in clause (a) of sub-section (4), for the words “cost of acquisitions”, the words “amount of compensation payable for acquisitions” shall be substituted.
In section 112 of the principal Act,-
(a) after sub-section (5), the following sub-section shall be inserted, namely:-
“(5A) Notwithstanding anything contained in sub-sections (2) and (5), where the right, title and interest of the landowner and the intermediaries in respect of the land acquired have vested in the Government under section 72,-
(a) the compensation for any building or other improvements belonging to such
landowner and intermediaries shall be awarded to the Government; and
(b) the balance remaining after deducting the compensation referred to in clause
(a) and the value
After Schedule III to the principal Act the following Schedule shall be inserted, namely:-
“SCHEDULE IV
[ See section 88 (2) ]
RATES OF COMPENSATION
Part I
Lands other than nilam
Class of land Rate per acre
Rs.
Trivandrum, Quilon, Alleppey, Kottayam, Ernakulam and Trichur Districts
1 Garden land:
(i) Land used principally for growing coconut trees 2,000
(ii) Land used principally for growing arecanut trees 2,000
In section 108 of the Kerala land Reforms (Amendment) Act, 1969 (35 of 1969),-
(a) in sub-section (2), after the words “on the application of such person”, the words “to the court which passed the decree” shall be inserted;
(b) for sub-section (3), the following sub-section shall be substituted, namely:-
“(3) If in any suit, application, appeal revision, review, proceedings in execution of a decree or other proceedings pending at the commencement of this section before any court. tribunal, officer or other authority, any person claims any benefit, right or remedy conferred by any of the provisions of the principal Act or the principal Act as amended by this Act, such suit, application, appeal, revision, review, proceedings in execution or other proceedings shall be disposed of in accordance with the p
(1) Any suit instituted against a kudikidappukaran under section 77 of the principal Act and pending before any court at the commencement of this section shall be transferred to the Land Tribunal having jurisdiction, and such Land Tribunal shall dispose of such suit as if it is an application under section 77 of the principal Act as amended by this Act.
(2) Where a decree has been passed by any court before the commencement of this section in a suit instituted under section 77 of the principal Act for shifting a kudikidappu karan from his kudikiduppu, and an application under section 80B of the principal Act for purchase of such kudikidappu is pending before any Land Tribunal, the Land Tribunal shall dispose of such application subject to the terms of that decree.
The Kerala Land Reforms (Amendment) Act, 1971, was enacted to address various issues related to land ownership and tenancy in the state of Kerala. Section 23 specifically deals with transitory provisions concerning the rights of kudikidappukars (homestead tenants) and the legal proceedings against them.
Section 23 provides transitory provisions for suits instituted against kudikidappukars. It outlines the legal framework for addressing disputes involving these tenants, particularly in the context of land ownership and possession.
The scope of Section 23 is limited to the legal rights and protections afforded to kudikidappukars. It aims to ensure that their occupancy rights are not arbitrarily violated and provides a legal recourse for them in case of disputes.
The section does not explicitly outline punishments but rather focuses on the legal framework for resolving disputes involving kudikidappukars. The emphasis is on restoration of rights rather than penal consequences.
Kudikidappukaran - The term refers to a tenant occupying a homestead on land owned by another, highlighting the specific focus of Section 23 on this category of tenants. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Transitory Provisions - Section 23 establishes transitory provisions that govern the legal proceedings against kudikidappukars, ensuring their rights are safeguarded. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Legal Framework - The section provides a structured legal framework for addressing disputes involving kudikidappukars, emphasizing the importance of legal recourse. - [ Kerala Land Reforms (Amendment) Act, 1971 - Prsindia.org]
Protection of Rights - The primary aim of Section 23 is to protect the rights of kudikidappukars during legal disputes, ensuring they are not unjustly evicted. - [ Kerala Land Reforms (Amendment) Act, 1971 - Prsindia.org]
Restoration of Possession - The section implicitly supports the restoration of possession to kudikidappukars, reflecting the legislative intent to uphold their occupancy rights. - [ Kerala Land Reforms Act, 1963 - Indian Kanoon]
Legal Recourse - It provides kudikidappukars with a legal recourse in case of disputes, reinforcing their position in land ownership matters. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Judicial Interpretation - Courts are likely to interpret Section 23 in a manner that favors the rights of kudikidappukars, given the legislative intent behind the amendment. - [ Kerala Land Reforms (Amendment) Act, 1971 - Prsindia.org]
Impact on Landowners - The provisions may impose certain restrictions on landowners, requiring them to adhere to the rights of kudikidappukars during legal proceedings. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Legislative Intent - The amendment reflects a broader legislative intent to reform land ownership and tenancy laws in Kerala, promoting social justice. - [ Land Reforms in Theory and Practice: The Kerala Experience - jstor]
Continuity of Occupation - The section acknowledges the continuity of occupation by kudikidappukars, which is crucial for their legal standing in disputes. - [ Kerala Land Reforms Act, 1963 - Indian Kanoon]
Judicial Precedents - Previous judicial decisions may influence the interpretation and application of Section 23, particularly in cases involving kudikidappukars. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Social Justice - The provisions align with the principles of social justice, aiming to protect vulnerable tenant groups in the context of land reforms. - [ Land Reforms in Theory and Practice: The Kerala Experience - jstor]
Limitations on Eviction - Section 23 may impose limitations on the eviction of kudikidappukars, ensuring that due process is followed in legal proceedings. - [ Kerala Land Reforms (Amendment) Act, 1971 - Prsindia.org]
Role of Land Tribunals - Land tribunals may play a significant role in adjudicating disputes arising under Section 23, providing a specialized forum for resolution. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Future Amendments - The section may be subject to future amendments as the socio-economic landscape evolves, reflecting changing priorities in land reform. - [ Kerala Land Reforms (Amendment) Act, 1971 - Prsindia.org]
Public Interest - The provisions serve the public interest by ensuring that the rights of kudikidappukars are recognized and protected in legal contexts. - [ Land Reforms in Theory and Practice: The Kerala Experience - jstor]
Judicial Review - The actions taken under Section 23 may be subject to judicial review, ensuring that the rights of all parties are balanced fairly. - [ Kerala Land Reforms (Amendment) Act, 1971 - CaseMine]
Historical Context - Understanding the historical context of land reforms in Kerala is essential for interpreting the implications of Section 23. - [ Land Reforms in Theory and Practice: The Kerala Experience - jstor]
(1) Notwithstanding anything contained in any judgment, decree or order of any court and notwithstanding the repeal of the Malabar Tenancy Act, 1929 (Madras Act XIV of 1930), by section 132 of the Kerala Land Reforms Act, 1963 (1 of 1964), section 52 of the Malabar Tenancy (Amendment) Act, 1951 (Madras Act XXXIII of 1951) and sub-section (2) of section 5 of the Malabar Tenancy (Amendment) Act, 1956 (Madras Act XXII of 1956), shall be deemed never to have been repealed; and accordingly no court shall dispose of any application, appeal, revision review or other proceeding on the basis that the said section 52 or sub-section (2) of section 5, as the case may be, is not in force.
(2) Notwithstanding anything contained in any judgment, decree or order of any court, any application, appeal, revision, review or other proceeding which has been disposed of by any court on or
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