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Act No. 4 of 1961
An act to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala. Whereas it is expedient to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala; Be it enacted in the Eleventh Year of the Republic of India as follows:-* * Pub. in K.G. Ex. No. 9 dt. 3-2-1961.
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(1) This Act may be called the Kerala Agrarian Relations Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be appointed for different provisions of this Act.
In this Act, unless the context otherwise requires,-
Provided that the District Collector may, with respect to any crop., area or category of land within his district, by notification in the Gazette, specify the year between such other dates as he may deem fit as an agricultural year;
Nothing in this Chapter shall apply to-
Provided that leases over land escheated to the Government shall not be deemed to be leases of land belonging to or vested in the Government, if such leases subsisted at the time of the escheat and continued to be in force at the commencement to this Act; or
Explanation.-- Permission given to a Kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the purpose of this clause; or
Notwithstanding anything contained in any law or in any contract custom or usage to the contrary an Oducharthudar or a person claiming under him who was actually cultivating on the 11th day of April, 1957 and is continuing to cultivate at the commencement of this Act, the land or any portion of the land to which the Odacharthu relates shall be deemed to be a tenant in respect of the land or the portion of the land so cultivated.
Where on or after the 11th day of April, 1957, a tenant holding land less in extent than the ceiling area has executed a deed surrendering his leasehold right to the landlord, but has not actually transferred possession of the land to the landlord, such deed shall be deemed to be invalid and the tenant shall continue as tenant.
Notes:- 11th April 1957 is the day on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. The word tenant is defined in Section 2 (50). Section 58 of the Act specifies the ceiling area.
(1) Notwithstanding anything contained in any law, custom, usage or contract, or in any decree or order of court, to the contrary, every tenant shall have fixity of tenure in respect of his holding and no land from the holding shall be resumed except as provided in this Act.
(2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a land lord serving in the Armed Forces if the tenancy was created by such landlord within a period of three months before he was recruited to the Armed Forces or while he was serving as a member of the Armed Forces;
Provided that no land from such tenant shall be resumed except at the end of an agricultural year or before the expiry of the period fixed in the contract of tenancy:
Provided further that such tenant shall be deemed to have fixity of tenure in respect of his holding if such landlord has not claimed resumption of the land comprised in the holding within one year from the date on which he ceas
Notwithstanding anything contained in any law or contract or in any decree or order of court, where a person who commenced cultivation of any nilam under a varom arrangement and who contained to cultivate it even after the expiry of the term of the varom arrangement, was evicted after the 11th day of April 1957, from the nilam in pursuance of a decree or order of court shall, subject to the provisions of the section 8 be entitled to be restored to the possession of the nilam.
Notes:- 11-4-1957 is the date on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. Only varamdars of nilams are given the benefit Section 78 provides for the restoration in the case of lease for commercial or industrial purpsoses under certain circumstances.
(1) Any person seeking restoration under section 7 shall within a period of six months from the commencement of this Act, apply, in such form as may be prescribed, to the Land Tribunal for the restoration.
(2) The Land Tribunal may after such inquiry as may be prescribed, order the restoration of the applicant to the possession of the land where he is entitled to such restoration or reject the application where he is not entitled.
(3) Any person aggrieved by an order passed by the Land Tribunal under this section may appeal against the order within such time as may be prescribed to the Court of the District Judge having Jurisdiction over the area in which the holding is situate. The decision of the court on such appeal shall be final subject to the provisions of Section 76.
(4) An order for restoration may be executed through the court as if the order were a decree passed by it.
(5) Any person who has been restored to the possession of land under this se
(1) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act 1 of 1872), or in any other law for the time being in force, any person interested in any land situate in Malabar may plead, adduce evidence and prove that a transaction purporting to be a Mortgage, Otti, Karipanayam, Panayam or Nerpanayam of that land is not in fact such a transaction but a transaction by way of kanam, Kanamkuzhikanam, Kuzhikanam, verumpattam or other lease, under which the transferee is entitled to fixity of tenure in accordance with the provisions of section 6 and to the other rights of a tenant under this Act.
(2) Where under the last foregoing sub-section the court holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 6, it shall be lawful for the court to pass a decree containing directions regarding the application of the sum, if any, advanced to the landlord and making other suitable alterations in the terms recorded in the inst
(1) The land comprised in a holding may be resumed on the grounds and subject to the conditions and restrictions hereinafter specified.
(2) For extension of Places of public religious worship.-- A trustee or owner of a place of public religious worship may resume for a tenant of such public religious worship may resume from a tenant of such public religious institutions whole or any portion of the holding, when the same is needed for the purpose of extending the place of public religious worship and the Collector of the District certifies that the same is do needed.
(3) For building purpose.-- A landlord may resume from a tenant the holding or any portion of the holding when the same is needed bona fide for the purposes of constructing a building for the residence of himself or of any member of his family.
Provided that-
(1) In any case in which any land has been resumed on the ground specified in sub-section (2) or sub-section (3) of section 10, if within three years of such resumption, the person resuming the land fails to extend the place of public religious worship or to construct the building for the extension or construction of which the land was resumed or transfers any of the lands resumed, to any person on kanam, kanam-kuzhikanam, kuzhikanam or verumpattam, or lease of any other kind the cultivating tenant shall subject to the provisions of section 1, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant.
(2) The provisions of sub-sections (9), (10), (11) and (12) of section 10 shall, as far as may, be applicable to the form and procedure in regard to the application for restoration and the right of appeal against and the manner
An application for restoration under sub-section (1) of section 11 shall be made within one year from the date of the transfer by the person resuming the land if the application is based on that ground and within four years after the resumption in other cases.
(1) Where restoration of any land resumed is ordered under section 11, the cultivating tenant shall hold the land directly under the landlord from whom restoration has been ordered and the rights of intermediaries extinguished under sub-section (10) of section 10 shall not revive.
(2) Before such restoration the cultivating tenant shall pay to the person who resumed the land-
(3) The rent payable by the cultivating tenant after the restoration of the holding shall be the fair rent.
(1) The rates of normal rent in respect of any class of land specified in column (2) of Schedule 1 shall not exceed maximum nor shall it be less than the minimum specified against it in columns (3) and (4) thereof respectively.
(2) Subject to the provisions of sub-section (4), the Government may, by notification in the Gazette, fix the rates of normal rent applicable to lands in any local area subject to the maxima and minima specified in Schedule 1. In fixing such rates the Government shall take into account the local conditions regarding tenure, the law prevailing in that area immediately before the commencement of this Act and any other special consideration.
(3) Any rate fixed by the Government under sub-section (2) may be varied by them by like notification subject to the provisions of sub-section (4) and subject to the maxima and minima specified in Schedule I.
(4) A draft of the notification proposed to be issued under sub-section (2) or sub-section (3)
The Government may by notification in the Gazette constitute for any area specified therein a Land Tribunal consisting of a sole member who shall be a judicial officer not below the rank of a Munsiffs or a Revenue Officer not below the rank of a Thahasildar for the purpose of performing the functions of a Land Tribunal under this Act.
Notes.-- Section 81 provides for the delegation by the Land Board of any of its powers to the Land Tribunal.
(1) Any cultivating tenant may apply to the Land Tribunal for determining the fair rent in respect of the holding, the installments, if any, in which it shall be payable and the date or dates on which the such rent or the installments thereof shall be payable. The fair rent shall be the rent calculated at the rates applicable to the holding fixed by the Government under section 14 or the rent payable, immediately before the commencement of this Act, whichever is less:
Provided that in the case of land used principally for the cultivation of tea, coffee, rubber or cardamom or such other kind of special crops as may be specified by the Government by notification in the Gazette or used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for market, the contract rent shall be deemed to be the fair rent.
Explanation.-- Where in respect of a holding, the fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent wh
Where in case the rent payable in respect of a holding has not been determined by the Land Tribunal, the landlord shall be entitled to receive and the tenant shall be bound to pay the rent that was payable immediately before the commencement of this Act:
Provided that where the fair rent has been determined in respect of a holding, the order determined the fair rent shall take effect from the date on which the tenant filed the application for such determination and any amount in excess of such fair rent, paid by the tenant to the landlords till the date of determination of the fair rent shall be adjusted towards the payment of the future fair rent or purchase price.
Explanations.-- Where in respect of a holding, the, fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immediately before the commencement of this Act shall, for the purposes of this section, be deemed to be the ren
(1) For the purposes of this Section small holder means a person who does not fall within either of the following categories, namely:-
Provided that where a person had, in any one or more of the capacities mentioned in clause (i), land in the aggregate exceeding ten acres of double crop nilam or its equivalent, or in one or b
(1) Where the rent is payable in kind it shall be paid either in kind or in money at the option of the tenant and the tenant shall be entitled to a receipt in writing signed by the landlord receiving the rent, showing the amount of the rent in kind or money received, and the year for which it is credited together with the details of the lands for which it is paid.
(2) The money value of the rent payable in kind unless it is specified in the document evidence the contract of tenancy shall be computed with reference to the rates published in the Gazette under section 26 for the date on which the rent is payable and if no such rate is published for that date, at the rate for the nearest previous date for which a rate is so published:
Provided that where in respect of any commodity the price has not been published in the Gazette, the money value of such commodity shall be calculated at the market rate prevailing on the date on which the rent is due.
Where in respect of a holding there are intermediaries at the commencement of this Act the rent payable by an intermediary to his immediate landlord shall be reduced in proportion to the reduction, in the rent payable to him by the tenant immediately under him, on account of the determination of the rent payable under section 16.
Illustration.--A, the landowner, has given a lease of nilam for 120 paras of paddy to B. B has sub-leased it to C for 150 paras of paddy and C has further subleases it to D for 180 paras of paddy, the sub-leases having been created before the commencement of this Act. The fair rent of the holding is fixed as 90 paras of paddy. D has to pay C 90 paras, C will have to pay 75 paras, and B will have to pay 60 paras.
Where by act of parties or operation of law the interest of the landlord or of the tenant in the land demised has been severed, a suit may be instituted by the landlord or the tenant for the apportionment of rent and the security for rent, if any. The court shall pass a decree apportioning these amounts and directing the execution of a lease deed on the basis of such apportionment within a specified period and make such order as to the costs of suit as it may deem ft. If within the time fixed by the court such deed is not executed, the court shall, on an application by the person in whose favour such deed is to be executed and on the deposit by such person of such amount as the court may direct, execute the deed on behalf of the person in default and the deed so executed shall be deemed to be a deed executed by the person in default and the court shall by order direct that the cost of execution of the deed may be realised by the applicant from the person in default. The order of th
(1) As between the tenant and the landowner the former shall be liable for any cess or special charges leviable by the Government for special or additional crops raised.
(2) A tenant making any payment towards basic tax or any tax payable to the Government or to any local authority shall be entitled to deduct the same from the rent payable by him to his landlord unless under the contract of the tenancy or under any law for the time being in force the tenant is liable to make such payment:
Provided that no such reduction shall be made if the rent payable by the tenant to the landlord is less than the basic tax.
(1) Where there has been a damage to or a failure of crops owing to causes beyond the control of the tenant in any holding, the tenant shall be entitled to a remission of the rent payable by him in proportion to the extent of such damage or failure.
(2) The District Collector shall, on an application to him by the tenant, determine the extent of damage to, or failure of, crops under subsection (1) and order such remission of rent as appears to him just and proper. The decision of the Collector shall be final and the tenant shall be entitled to get the benefit of the remission so ordered.
(1) A tenant shall, when a portion of the land comprised in the holding is acquired under any law for the time being in force for the compulsory acquisition of land for public purposes, be entitled to an abatement in the rent in the same proportion as the yield from the portion acquired bears to the yield from the entire holding.
(2) Where any material part of the holding is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, by fire, tempest or flood or violence of any army or mob or other irresistible force, the rent payable shall be proportionately reduced.
(3) Where in any instance under sub-section (2) the holding has been rendered permanently unfit for the purpose for which it was let the tenant shall be entitled thereupon to surrender the holding to the landlord.
(1) Notwithstanding any contract to the contrary, express or implied, no tenant shall be liable to pay to this landlord as rent any customary dues or renewal fees or anything more or anything else than the rent payable under section 16 or section 17 or section 18, as the case may be, and interest if any, thereon.
(2) Arrears of rent shall carry interest at the rate of six per cent per annum or at the contract rate whichever is less.
The Government shall cause to be published every month in the Gazette and at the Taluk Headquarters lists of prices prevailing in each taluk of commodities the commutation rates of which are necessary for the purposes of this Act.
(1) Munsiffs may summarily try and dispose of suits by landlords for recovery of arrears of rent when the amount or value of the suit does not exceed two hundred rupees.
(2) In such suits, the court shall, except as hereinafter provided follow the procedure prescribed for the trial of small cause suits, and the court may decide any question of title to immovable property or status which may be necessary for the determination of the suits, but such decision shall not be Resjudicata in any proceeding other than a suit under this section.
(3) Notwithstanding anything contained in the Court Fees Act for the time being in force, the court-fee payable on the plaint in such suits shall be the same as on an application when the arrears to be recovered have accrued due within 12 months of the date of the institution of the suit.
The decision passed in a suit under section 27 shall not be appealable.
If the landlord refuses to accept a tender of the rent or if the tenant is doubtful as to the person entitled to receive the same and no suit has been brought against the tenant for recovery of the said dues, the tenant may apply to the court for permission to pay the same through the court.
Along with the said application, the tenant shall deposit in court the said dues together with interest, if any, accrued thereon.
When an application and deposit have been made under section 29 the court shall cause written notice thereof to be given at the cost. of the applicant to every person who, in the opinion of the court, is entitle to be heard thereon and after hearing such of them as appeal, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any interest, cost and such other matters as the court may deem fit.
Nothing in this section shall effect the right of any person to recover the said amount by suit from the person to whom it is paid, but the order allowing the application shall be deemed a full acquittance to the tenant in respect of the amount recovered by it.
Arrears of rent due to the landlord, together with interest thereon shall be a charge on the interest of the tenant in the holding and shall, subject to the priority of the rights of the Government and any local authority for arrears of tax, cess or other dues, be a first charge on such interest of the tenant.
(1) Any person deriving an interest in holding of a tenant by virtue of a title acquired by act of parties or by operation of law shall, where such interest is acquired after the commencement of this Act, within a month from the date of such acquisition, give registered notice of his interest in the holding to the landlord and the intermediaries, if any. The said notice shall contain particulars of the property, it extent the nature of the interest acquired and the date of acquisition of such interest.
(2) Where default is made by a tenant in the payment of rent, his landlord shall give registered notice of the default to the persons who have acquired interest in the holding prior to the date of such default and who have notified the existence of their interest under sub-section (1). The person having interest in the holding shall be entitled to pay the arrears and the landlord shall be bound to receive such payment.
Provided that a person who has acquired interest on
Subject to the provisions of this Act, all rights which a tenant has in his holding, shall be heritable and alienable.
(1) All arrears of rent outstanding on 11th April 1957 from a tenant belonging to any of the classes specified in column (1) below to his landlord, whether the same be payable under a decree or order of court or under any law or contract shall be deemed to be fully discharged if payment of the amount specified against it in column (2) is made within one year of the commencement of this Act.
| Class of tenant | Amount Payable for the discharge of entire arrears |
|---|---|
| I. Tenant holding less than 5 acres of double crop nilam or its equivalent in the aggregate. | One years rent or the actual amount in arrears whichever is less. |
| II. Tenant holding 5 acres and more but less than 15 acres of soluble crop nilam or its equivalent in the aggregate. | Two years rent or the actual amount in arrears whichever is less. |
| III. Tenant holding 15 acres of double crop nilam or its equivalent or more in the ag |
(1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or spontaneously sprouting and growing in his holding after the commencement of his tenancy shall belong to the cultivating tenant.
(2) Subject to the provisions of sub-sections (3), (4) and (5) in the case of timber trees standing in the holding of a cultivating tenant at the commencement of his tenancy, the cultivating tenant and if he does not require, the landowner or the intermediary, as the case may be, shall have the right to cut and remove such trees provided that the right conferred by this sub-section shall be exercisable by the intermediary only in case such timber trees were either planted by him or had spontaneously sprouted and grown during the period in which he was in possession of the holding.
(3) Where the cultivating tenant exercises his right under sub-section (2) he shall be liable to pay to the landowner or the intermediary, as the
(1) Every tenant of a kudiyiruppu shall be entitled to purchase the rights of the landlord in the Kudiyruppu, free of all encumbrance on payment of twelve times 75 per cent of the annual rent payable by him in twelve equal annual installments together with interest at 41/2 per cent per annum on the amount outstanding at the time of the payment of each installment.
(2) The tenant of Kudiyiruppu may apply to the Land Tribunal for the purchase of the rights of the landlord in the kudiyiruppu making all persons interested as parties to such application. The Land Tribunal shall on receipt of the application and after giving an opportunity to all persons interested to be heard, determine the purchase price, fix the dates for payment of the same and its apportionment among the interested parties.
(3) On deposit of the first installment of the purchase price the Land Tribunal shall intimate the fact to the Land Board and the Land Board shall thereupon issue a certificate of p
(1) No kudikidappukaran shall be evicted from his kudikidappu except on the following grounds; namely:-
Explanation:- For the purpose of this sub-section a Kudikidappukaran shaft hot be deemed to have ceased to reside in the Kudikidappu if a near relative of his, who was residing with him in the Kudikidappu for a continuous period of not less than one year, continues to reside in the kudikidappu after the Kudikidappukaran has ceased to reside therein, in which case, such near relative shall be liable to pay the rent, if a
All arrears of rent, if any, payable by a Kudikidappukaran on the date of the commencement of this Act whether the same be payable under any law, custom or contract, decree or order of court shall be deemed to be discharged, if he pays one years rent or the actual amount in arrears whichever is less. On and after the commencement of this Act, notwithstanding any contract, decree or order of court a Kudikidappukaran shall not be required to pay more than six rupees yearly as rent in respect of his kudikidappu which is not situated within the limits of the Corporation of Trivandrum or of any Municipality constituted under any law for the time being to force relating to the constitution of Municipalities;
Provided that a Kudikidappukaran who was not liable to pay any rent in respect of his kudikidappu immediately before the commencement of this Act shall not be liable to pay any rent; nor shall a Kudikidappukaran be liable to pay any rent to excess, of that which he was paying
If the Kudikidappukaran does not comply with the demand made by the person in possession of the land under sub-section (2) of section 37 to shift to a new site, the person to possession of the land may institute a suit against him for the purpose. The court on being satisfied that the person in possession has complied with all the conditions mentioned in sub-section (2) of section 37 may pass a decree for shifting the Kudikidappu:
Provided that no such suit shall be instituted without giving the Kudikidappukaran one months notice by registered post.
(1) The rights of kudikidappukaran, to his Kudikidappu shall be heritable but not alienable.
Provided that where a near relative, not being a legal heir of the Kudikidappukaran, was residing with him continuously for a period of not less than one year immediately before his death and no legal heir was residing with him, the rights of the Kudikidappukaran shall devolve on such near relative to the exclusion of his legal heirs.
Explanation.-- For the purpose of this sub-section near relative means and includes father, mother, sister, brother and sons and daughters of such brother or sister.
(2) The Kudikidappukaran shall have the right to maintain, repair and rebuild the homestead erected by him, without exceeding the dimensions of the original homestead, at his own cost.
(1) For the purposes of this section the expression protected tenant with reference to a holding means a cultivating tenant other than the tenant of a kudiyirippu from whom no part of the holding is liable to be resumed.
(2) On the appointed day to be notified by the Government in the Gazette, all rights, title and interests of the landowner and the intermediary, if any, over lands held by protected tenants shall vest in the Government free from all encumbrances created by the landowner and the intermediary, subsisting thereon on the said day.
Notes.-- Resumption of land from tenant is dealt with in section 10. Section 18 contains some special provisions about resumption in the case of small holders.
(1) Where-
(2) Where-
(1) The intermediary who resumed land under section 10 and the cultivating tenant of the lands the right, title and interest over which have vested in the Government under section 41 or section 42 shall be entitled to assignment of such right, title and interest, subject to the condition that by such assignment the total extent of land owned by the intermediary or the cultivating tenant or where such intermediary or the cultivating tenant is a member of a family, by such family as the case may be, does not exceed the ceiling area fixed under section 58.
(2) Any tenant entitled to assignment of the right, title and interest over lands under sub-section (1) may apply to the Land Tribunal within six months from the date of the vesting under section 41 or section 42, as the case may be, for such assignment to him.
(3) The application for assignment shall contain the following particulars:-
(1) As soon as may be after the receipt of the application under section 43 the Land Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-
(2) It shall be open to any person interested in the land to apply to the Land Tribunal even where notice under sub-section (1) has not been received by him, stating the nature of the claim or objection and the relief he requires.
(1) The purchase price payable by the tenant shall be the aggregate of-
(b) 16 times the fair rent determined under this Act in respect of the land.
Explanations.-- For the purposes of this sub-section-
(1) On the determination of the purchase price under section 45 the tenant shall deposit with the Land Tribunal to the credit of the Land Board where the amount of the purchase price is to be paid in a lump the whole of such amount within one year, or, where the purchase price is to be paid in installments, the first installment thereof within three months from the date on which the purchase price was so determined or where there has been an appeal under section 51 against the order of the Land Tribunal determining the purchase price, from the date on which the appellate authority passed final order on such appeal. Where a person elects to pay the purchase price in a lump, he shall nevertheless pay the installment, if any, which falls due before the date fixed for payment of the lumpsum and credit shall be given to the installment so paid at the time of payment of the lump sum.
(2) Where a tenant fails to deposit the first installment on or before the due date no assignment
For the purchase price there shall be a first charge on the land subject to the charges for any dues payable to the Government and any installment in default of the purchase price shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.
On the deposit of the purchase price in a lump or of the first installment of such price, the Land Board shall make the assignment as provided in section 43 in such form as may be prescribed.
In the enquiry held under section 44 the Land Tribunal shall determine by an order the value of the interests of the landowner and the intermediary, if any, in the land the right, title and interest over which vested in the Government, after giving an opportunity to them to be heard. The value of the interest of the landlord shall, where there is no intermediary, be the purchase price determined under section 45. Where there is an intermediary the value of interest of the landlord and the intermediary shall be such portion of the purchase price as would fall to the landowner and the intermediary respectively on a division of the purchase price in proportion to the profits derived by each from the land. Where there has been no assignment the value of interest shall be determined at-
(1) In the enquiry held under section 44 the Land Tribunal shall determine by an order-
(2) Where the right, title and interest vested in the Government, from part of the security for an encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of discharging the same, apportion the entire encumbrance, maintenance or alimony, between the security vested and the portion of the security remaining, in proportion to the values
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