KERALA LAND TAX ACT, 1961
(1) This Act may be called the Kerala Land Tax Act, 1961.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force,-
(i) in the area comprising the former State of Travancore-Cochin, with effect on and from the 1 st day of April, 1956; and
(ii) in the Malabar area, with effect on and from the 1 st day of September, 1957.
(1) Nothing in this Act shall apply to-
(i) lands belonging to the Government;
(ii) Sreepandaravaka lands belonging to the Sree Padmanabha- swami Temple; and
[2] [(iii) ****************************** ]
(2) The Government may, by notification in the Gazette, exempt any land belonging to any public body or institution from the provisions of this Act, if the Government are satisfied that such exemption is necessary in the public interest; and the Government may, by like notification, cancel any such exemption.
(3) All notifications issued by the Government under sub-section (2) shall as soon as may be after they are issued, be laid before the Legislative Assembly for a period of not less than fourteen days,
In this Act, unless the context otherwise requires,-
(1) “basic tax” means the tax imposed under the provision of this Act;
(2) “jenmikaram” means jenmikaram as defined in the Travancore Jenmi and Kudiyan Act of 1071;
[3] [“(3) ‘landholder’ means,-
(a) in relation to any land held by a cultivating tenant as defined in the Kerala Land Reforms Act, 1963 (1 of 1964), such cultivating tenant;
(b) in relation to any land in the possession of a kanam tenant as defined in the Kanam Tenancy Act, 1955 (XXIV of 1955), such kanam tenant;
(c) in relation to any land which has not been surveyed and it not held by a cultiva
Notwithstanding anything in any enactment grant, deed or other transaction the arrangement herein made for the levy of the basic tax shall be deemed inter alia to be a general revenue settlement of the State:
Provided that-
(1) the pattom fixed by the Government, at the general revenue settlement of 1061 in respect of jenmom lands, shall be the pattom for all purposes of the Travancore Jenmi and Kudiyan Act of 1071;
(2) the registers of jenmikarams prepared in accordance with the jenmikaram settlement and the jenmikaram fixed thereunder shall remain in force for the purpose of the said Act;
(3) in the case of lands belonging to incorporated Devaswoms in the Cochin area the basic tax levied under this Act shall be in lieu of the land r
(1) Subject to the provisions of this Act there shall be charged and levied a tax called “basic tax” on all lands, of whatever description and held under whatever tenure,-
(i)situated in the area comprising the former State of Travancore-Cochin in for every financial year commencing on and from the 1 st day of April, 1956;
(ii)situated in the Malabar area for the period commencing on and from the 1 st day of September; 1957, and ending on the 31 st day of March, 1958, and thereafter for every financial year commencing on and from the 1 st day of April, 1958.
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(2) The basic tax charged on any land s
“(1) Subject to the provisions of sub-section (2) of section 7, the basic tax charged and levied under section 5 shall be at the rate of one rupee in Panchayat areas, two rupees in Town Panchayats and Municipal Council areas and four rupees in Municipal Corporation areas, per Are per annum:
Provided that, where the aggregate extent of land held by a land holder does not exceed twenty ares in a Panchayat area, six ares in a Town Panchayat or Municipal Council area and to ares in a Municipal Corporation area the basic tax charged and levied on such land shall be at the rate of fifty paise in the Panchayat area, one rupee in the Town Panchayat and Municipal Council area and two rupees in the Corporation area, per Are per annum.”.]
[12][“Provided that the rate of basic tax for every financial year commencing with the financial year 1983-84 s
(1) Notwithstanding anything contained in section 6, [26] [“and 6A”] in the case of lands which have not been surveyed, the prescribed authority may make a provisional assessment of the basic tax payable on such lands. For the purpose of making the provisional assessment the prescribed authority shall, by notice, call upon the landholder concerned and any other person in possession of the lands to furnish such particulars relating to the lands as the prescribed authority considers necessary within such time as may be specified in the notice.
(2) If the prescribed authority is satisfied that the particulars furnished by the landholder or other person are correct and complete he shall make a provisional assessment of the basic tax payable on such lands at the rate specified in sub-section (1) or sub-section (2) of section 6, as the case may be, on the basis of the particular
(1) Where in respect of any land basic tax has been paid or collected for the period between the date of the commencement of this Act and the date of publication of this Act in the Gazette, at a rate higher than the rate at which basic tax is payable on such land under this Act, then the excess tax to collected for the aforesaid period shall be refunded.
(2) Nothing in this Act shall be deemed to require a person to pay basic tax on any land situated in the area comprising the former State of Travancore-Cochin for the period between the 1 st day of April, 1956 and the 1st day of September, 1957, at a rate higher than [33] [three rupees and eighty-five paise per hectare] per annum.
(3) Any person entitled under sub-section (1) to a refund of excess tax paid or collected may apply to the prescribed authority in the prescribed form within a period of ninety days
(1) Any person aggrieved by the orders of the prescribed authority under sub-section (2) of section 6 [34] [or under sub-section (3) of section 6A] or under sub-section (3) of section 7 may appeal to the Collector of the district in which the land is situated, and if the land is situated in more than one district the Collector of the district in which the major portion of the land is situated:
Provided that no such appeal shall lie unless the tax has been paid.
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of five rupees.
(3) The appeal shall be presented within thirty days of the receipt of the order appealed against, but the appellate authority may admit an appeal after the expiration of the pe
(1) subject to such conditions and limitations as may be prescribed, the assessee may, within thirty days of the date upon which he is served with notice of an order under sub-section (4) of section 9, require the appellate authority to refer to the District Court any questions of law arising out of such requisition, and the appellate authority may, within sixty days of thereceipt of such requisition ,draw up a statement of the case and refer it to the District Court.
(2) If the District Court is not satisfied that the statements in a case referred under this section are sufficient to enable it to determine the question raised thereby, the Court may refer, the case back to the appellate authority to make such additions thereto or alterations therein as the court may direct in that behalf.
(3) The district court upon the h
(1) The Board of Revenue may, at any time, of its own motion or within thirty days from the date of the order of the appellate authority on the application of any party, call for and examine the record of any proceeding pending before or disposed of by the appellate authority and may pass such orders as it deems fit:
Provided that no order enhancing the rate of basic tax or the amount of provisional assessment shall be passed without notice to the party who may be affected by the order:
Provided further that no order passed on the basis of a reference under section 10 and to the extent covered by the answer to such reference shall be subjected to revision by the Board of Revenue.
(2) Where the amount of basic tax or tax under the provisional assessment paid is in excess of the amount due under the order in revision, suc
(1) Where in any contract or agreement or lease or other transaction there is a stipulation to pay the land revenue assessment of any land or any amount in lieu thereof, such stipulation shall be construed as a stipulation to pay the amount of basic tax on the said land charged and levied under this Act.
(2) Where, by virtue of section 6, the existing land tax charged and levied on any land is reduced and under a contract of tenancy the michavaram or rent is shown to be inclusive of land tax, the tenant shall be entitled to the benefit of the reduction of the land tax.
Jenmikaram charged on and payable in respect of any land under the Travancore Jenmi and Kudiyan Act of 1071 shall continue to be paid to the Jenmies in addition to the basic tax thereon payable to the Government.
Section 13 of the Kerala Land Tax Act, 1961, primarily deals with the procedures and implications related to the assessment, rectification, and correction of land records, especially concerning the classification and description of land. It plays a crucial role in ensuring the accuracy of revenue records and the proper assessment of land tax, which is vital for the fiscal and administrative management of land resources in Kerala.
Section 13 provides the authority and procedure for correcting mistakes or errors in the land records, including changes in the description or classification of land. It empowers the prescribed authority (generally the Tahsildar) to rectify mistakes apparent on the face of the record, and also to make corrections based on proper applications, orders, or reports. The section emphasizes that such corrections should be made in accordance with the provisions of the Act and relevant rules, and that no changes can be made otherwise than as prescribed.
Section 13 itself does not prescribe any punishment. However, improper or unauthorized modifications, especially based on false applications or reports, can lead to administrative penalties or penalties under other applicable laws if misused or misrepresented. Malafide corrections or fraudulent rectifications can attract disciplinary action or penalties under the general provisions of the Kerala Land Tax Act or other relevant statutes.
Rectification of Mistakes - Section 13 allows correction of clerical or apparent mistakes in revenue records, but not for substantive changes like land use conversion or reclassification—these are governed by other statutes such as the Kerala Land Utilization Order, 1967, or the Kerala Wetland Act, 2008. [Joby Mathew VS State of Kerala]
Scope Limitation - The section is confined to errors on the face of the record; it does not permit corrections based on new facts or circumstances, which require separate procedures and orders. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala]
Change of Land Classification - Changes in land classification due to natural passage of time or change in circumstances cannot be effected solely under Section 13; such changes must be carried out under the specific laws like the Kerala Land Utilization Order or the Kerala Wetland Act. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
Procedural Safeguards - Corrections under Section 13 require proper application, opportunity to be heard, and compliance with rules, ensuring transparency and fairness. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
Limitations on Corrections - The section does not empower authorities to alter the fundamental nature of land (e.g., wetland to dry land) without following statutory procedures; corrections are limited to clerical or face-value errors. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
Relation with Land Use Laws - For substantive changes like reclamation or conversion, the authorities must act under laws like the Kerala Land Utilization Order, 1967, and not rely solely on Section 13. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
Impact of Incorrect Corrections - Unauthorized or improper corrections can lead to legal disputes, and courts have held that corrections made without following proper statutory procedures are illegal and ultra vires. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
No Punitive Provisions - Section 13 does not specify penalties; misuse or fraudulent correction may attract penalties under other laws, including disciplinary action or penalties for false declarations. [Joby Mathew VS State of Kerala]
Administrative Discretion - The authority to rectify mistakes is exercised with caution, and courts have scrutinized such corrections to prevent arbitrary or mala fide changes. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
Legal Precedents - Courts have consistently held that corrections should be limited to clerical errors and that substantive changes require compliance with other statutes, ensuring the integrity of revenue records. [Joby Mathew VS State of Kerala], [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala]
Protection of Landowner Rights - Proper procedures under Section 13 safeguard landowners against arbitrary corrections, ensuring their rights are protected and corrections are just and fair. [Joby Mathew VS State of Kerala]
Clarification of Mistakes - The section clarifies that only mistakes on the face of the record can be rectified; it emphasizes that correction orders must be based on proper application and evidence. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala]
Role of Other Statutes - Changes in land use, classification, or physical attributes are to be made under specific laws like the Kerala Land Utilization Order, 1967, and cannot be substituted solely by corrections under Section 13. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Sealand Builders Pvt. Ltd. VS Revenue Divisional Officer, Fort Kochi]
No Automatic Changes - Corrections under Section 13 are not automatic; they require adherence to statutory procedures, proper application, and opportunity to contest or object. [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala], [Joby Mathew VS State of Kerala]
Legal Certainty - Proper application of Section 13 ensures legal certainty in land records, preventing disputes and ensuring accurate assessment of land tax. [Joby Mathew VS State of Kerala]
Fraud and Misuse - Any correction based on fraudulent or false information can be challenged and may lead to penalties or criminal proceedings for forgery or misrepresentation. [Joby Mathew VS State of Kerala], [Sakeer Hussain, S/O. Moideenkutty VS State Of Kerala]
Note: The references are made based on the provided sources, especially focusing on judgments and legal principles relating to corrections, rectifications, and land classification issues under Kerala Land Tax Act, 1961.
Melvaram charged on and payable in respect of any land shall continue to be paid to those entitled to it as heretofore in addition to the basic tax thereon payable to the Government”]
Nothing in this Act shall affect the power of the Government to levy any rate, or alter any existing rate, of irrigation or water cess on any land as they deem fit.
(1) The Government may appoint such Officers as they deem necessary for the purpose of this Act.
(2) The appointment of such officers shall be notified in the Gazette.
(1) No suit against the Government shall be entertained in any civil court in respect of anything done or any order passed under this Act.
(2) No suit, prosecution or other legal proceeding shall lie against any officer for anything in good faith done or intended to be done under this Act or the rules made thereunder.
At any time within four years from the date of any order passed by it the prescribed authority or the appellate authority or the revisional authority may, on its own motion, rectify any mistake apparent from the record and shall, within a like period, rectify any such mistake which has been brought to the notice of the prescribed authority or the appellate authority or the revisional authority, as the case may be, by a landholder or other person liable to pay tax:
Provided that no such rectification shall be made which has the effects of enhancing the tax payable unless the land holder and any other person liable to pay tax have been given a reasonable opportunity of being heard in the matter.
Nothing in this Act shall-
(a) affect the conditions of any agreement, grant or deed relating to any land except to the extent hereinbefore provided;
(b) affect any rights which have accrued to the Government before the date on which this Act comes into force.
(1) The Government may make rules for carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules-
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[[37][“(a)”] as to the procedure to be followed by the prescribed authority and the appellate authority in the proceedings before them;
(b) as to the conditions and limitations (including the conditions as to payment of fees) subject to which an application for reference to the District Court may be made under section 10;
(c) as to the manner and mode of fixing the gross income from lands;
The Land Tax Act, 1955 and the Kerala Land Tax Ordinance, 1961 (Ordinance 2 of 1961), are hereby repealed.
[38] [“THE SCHEDULE
[See section 13 (2)]
Cocunuts Rs. 25 per 1000
Cocunut oil 37 paise per Edangazhi.”]
Section 21 of the Kerala Land Tax Act, 1961, historically played a role in the determination of the annual value of land for taxation purposes. Over time, legislative amendments and judicial interpretations have clarified its scope, especially in relation to the assessment of land value, land classification, and the repeal of prior statutes. This section is significant in understanding how land revenue and land tax are calculated, assessed, and enforced, particularly in the context of land classification disputes and procedural compliance.
Section 21 primarily deals with the "Determination of annual value" of land for the purpose of land tax. It provides that the annual value shall be the higher of the expected rent or the actual rent when the land is let out, after deducting local taxes actually paid. It also authorizes the authorities to make assessments and re-assessments, and to determine the land's annual value based on these criteria.
While Section 21 itself does not prescribe specific punishments, violations such as furnishing false information, evading assessment, or failing to pay land tax can attract penalties under the Kerala Land Tax Act, 1961, and related laws. Penalties may include fines, interest, or proceedings under the Revenue Recovery Act for recovery of dues.
Section 21 of the Kerala Land Tax Act, 1961, is central to the valuation and assessment of land for land tax purposes, emphasizing the importance of correct land classification, procedural adherence, and proper assessment orders. Judicial rulings reinforce that assessments must be based on statutory orders, land use, and classification supported by proper procedures, especially when land undergoes conversion or reclassification under statutes like the Kerala Wetland Act and Kerala Land Utilization Order. Violations of procedural safeguards or assessments based on incorrect classification are liable to be challenged in writ jurisdiction, and penalties for non-compliance or false declarations are enforceable under the law.
Note: The references in brackets correspond to the provided sources, highlighting relevant judicial pronouncements and statutory interpretations related to Section 21 and its scope.
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