S.1 Short title, extent and commencement

       (1) This Act may be called the Kerala Prevention of Eviction Act, 1966.
        (2) It extends to the whole of the State of Kerala.
        (3) It shall come into force on the date of its first publication in the Kerala Gazette.

S.2 Definitions

       In this Act, unless the context other wise requires,—
        (a) the terms "cultivating tenant", "eviction", "holding", ''kudiyiruppu ", "kudikidappu " and " kudikidappukaran " shall have the meanings respectively assigned to them in the Kerala Land Reforms Act, 1963 (Kerala Act I of 1964) ;
        (b) " Revenue Divisional Officer" means the Revenue Divi­ sional Officer holding charge of a Revenue Division and includes a Deputy Collector specifically appointed by the Government in this behalf;
        (c) " Scheduled Castes" means the Scheduled Castes in relation to the State as specified in the Constitution (Scheduled Castes) Order, 1950;
        (d) " Scheduled Tribes" means the Scheduled Tribes in relation to the State as specified

S.3 Prevention of eviction

       Notwithstanding anything to the con­ trary contained in any other law or in any contract, custom or usage or in any judgment, decree or order of court, no person shall evict or attempt to evict a cultivating tenant or holder of a kudiyiruppu or kudikidappukaran. from his holding, kudiyiruppu or kudikidappu if such tenant or holder is a member of any Scheduled Caste or Scheduled Tribe :
        Provided that nothing in this section shall apply to—
        (i) lands or buildings or both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India ;
        (ii) any l

S.4 Penalty for eviction

       Any person who contravenes the provisions of section 3 shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

S.5 Cultivating tenants, etc., entitled to restoration of possession

       (1) Any cultivating tenant or holder of a kudiyiruppu or kudikidappukaran, who is a. member of any Scheduled Caste or Scheduled Tribe and who has been, evicted from his holding, kudiyiruppu or kudikidappu, on or after the 1st April, 1964, shall be entitled to restoration of possession of his holding, kudiyiruppu or kudikidappu, as the case may be.
        (2) Any person who is entitled to be restored to possession of his holding, kudiyiruppu or kudikidappu under sub-section (I), or any other person on his behalf, may make an application, either orally or in writing, within a period of one year from the commencement of this Act, or as the case may be, from the date of eviction, whichever is later, to the Revenue Divisional Officer having jurisdiction over the area in which the holding, kudiyiruppu or kudikidappu, as the case may be, of the applicant or the person on whose behal

S.6 Prevention of eviction of cultivating tenants, etc., who are not members of any Scheduled Caste or Scheduled Tribe

       (1) Notwithstanding anything to the contrary contained in any contract, custom or usage, no person shall evict or attempt to evict a cultivating tenant or a holder of a kudiyiruppu or a kudikidappukaran, who is not a member of any Scheduled Caste or Scheduled Tribe, from his holding, kudiyiruppu or kudikidappu except in accordance with the law in force for the time being.
        (2) Any person who evicts or attempts to evict a cultivating tenant, or a holder of a kudiyiruppu or a kudikidappukaran from his holding, kudiyiruppu or kudikidappu in contravention of the provisions of this section shall be punishable with imprisonment which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

S.7 Cultivating tenants, etc, entitled to restoration of possession

       (1) A cultivating tenant, or a holder of a kudiyiruppu or a kudikidappukaran who has been evicted from his holding, kudiyiruppu or kudikidappu, on or after the 1st April, 1964, in contravention of sub-section (1) of section 6 shall be entitled to restoration of possession of his holding, kudiyiruppu or kudikidappu, as the case may be.
        (2) Any person who is entitled to be restored to possession of his holding, kudiyiruppu or kudikidappu, as the case may be, under sub-, section (1}, or any other person on his behalf, may make an application either orally or in writing, within a period of one year from the com­ mencement of this Act or, as the case may be, from the date of eviction, whichever is later, to the Revenue Divisional Officer having jurisdiction over the area in which the holding, kudiyiruppu or kudikidappu, as the case may be, of the person entitled to be res

S.8 Stay of suits or other proceedings for eviction

       Wherein any suit or other proceeding for the eviction of a cultivating tenant, a holder of a kudiyiruppu or a kudikidappukaran, from his holding, kudiyiruppu or kudikidappu, as the case may be, whether pending at the commen­cement of this Act or instituted after such commencement, the culti­vating tenant or the holder of a kudiyiruppu or the kudikidappukaran, makes a representation to the court in which such suit or other procee­ding is pending or instituted that no record of rights in respect of the holding or register of kudikidappukars in respect of the village in which the kudikidappu is situate, as the case may be, has been prepa­red, the court shall not proceed with the suit or preceeding until the record of rights in respect of the holding or the register of kudikida­ppukars, as the case may be, is prepared and made available to it and the court shall also by order direct the Revenue Divisional Officer having
 

S.9 Jurisdiction

       No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act.

S.10 Protection to persons acting in good faith under this Act

       No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

S.11 Saving of other laws

       The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force regulating any of the matters dealt with in this Act.

S.12 Power to make rules

       (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
        (2) Every rule made under this Act shall be laid, as soon as may be after it is made, 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 agrees that the rule shall be either modified or annulled, the rule 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.

S.13 Amendment of the Kerala Land Reforms Act, 1963

       In the Kerala Land Reforms Act, 1963 (Kerala Act I of 1964),—
        (1) in sub-section (1) of section 29, for the words " at any time within one year from the commencement of this Act ", the words “ at any time within four years from the commencement of this Act or such further period as the Government may, from time to time, by notifica­ tion in the official Gazette, specify in this behalf" shall be substituted;
        (2) section 51 shall be renumbered as sub-section (1) thereof, and—
        (i) in sub-section (1), as so renumbered,—
        (a) for the words " interest therein in favour of the land­ lord: ", the words " interest therein :
        P

S.14 Savings

       (1) Notwithstanding the expiry of the Kerala Scheduled Castes and Scheduled Tribes Prevention of Eviction Ordi­nance, 1966 (Ordinance 2 of 1966), anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under the corresponding provision of this Act as if this Act had come into force on the 5th day of July, 1966.
        (2) The expiry of the Kerala Scheduled Castes and Scheduled Tribes Prevention of Eviction Ordinance, 1966, shall not—
        (a) affect any light, privilege, obligation or liability acquired, accrued or incurred under the said Ordinance,
        (b) affect any penalty or punishment incurred in respect of any offe