kerala land assignment act 1971

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Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act No. 26 of 1971).

This Act provides that all private forests in the State of Kerala be vested in the Government and the land distributed to agricultural workers as agricultural land on registry or lease. No compensation will be payable for the vesting in the Government of any private forest.

Delete record "Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act No. 26 of 1971)."

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Kerala Private Forests (Vesting and Assignment) Act, 1971

No: 26 Dated: Aug, 23 1971

THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) ACT, 1971

(Act 26 of 1971)

    An Act to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists ad agricultural labourers for cultivation

    Preamble.  - Whereas the private forests in the State of Kerala are agricultural lands;

    And whereas Government consider that such agricultural lands should be so utilized as to increase the agricultural production in the sTate and to promote the welfare of the agricultural population in the state;

    And whereas Government also consider that to five effect to the above objectives it is necessary that the private forests should vest in the Government;

Be it enacted in the Twenty second year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Private Forests (Vesting and Assignment) Act, 1971.

(2) It extends to the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the 10th day of May, 1971.

2. Definitions.  - In this act, unless the context otherwise requires, -

(a) "appointed day"  means the 10th day of May, 1971;

(b) "custodian"  means the Chief Conservator of Forests of the state of Kerala or any other officer appointed by the Government, by notification in the Gazette, to exercise the powers and perform the functions of the custodian under this Act;

(c) "owner", in relation to a private forest, includes a mortgagee, lessess or other person having right to possession and enjoyment of the private forest;

(d) "person"  includes a company, a religious or charitable institution of a public nature, a trust, a Hindu undivided family, a Marumakkathayam tarwad of tavazhi, an Aliyasanthana family or branch and a family governed by the Kerala Nambudiri Act, 1958 927 of 1958);

(e)"prescribed"  means prescribed by rules made under this Act;

(f)"private forest"  means -

(1) In relation to the Malabar district referred to in sub-section (2) of Section 5 of the state Reorganisation Act, 1956 (Central Act 37 of 1956) -

(i) any land to which the Mardras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applied immediately before the appointed day excluding -

(A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964);

(B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market.

Explanation.  - Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops;

(C) lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated any other agricultural crop and

sites of buildings and lands appurtenant to and necessary for the convenient enjoyment or use of , such buildings;

any forest not owned by the Government, to which the Madras Preservation of Private Forests Act, 1949 did not apply, including waste lands which are enclaves within wooded areas.

(2) in relation to the remaining areas in the State of Kerala, any forest not owned by the Government, including waste lands which are enclaves within wooded areas.

Explanation. - For the purposes of this clause, a land shall be deemed to be a waste land notwithstanding the existence thereon of scattered trees or shrubs;

(g) "Tribunal"  means a Tribunal constituted under Section 7.

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The Kerala Private Forests (Vesting and Assignment) Act, 1971 (No.26 of 1971)

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Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act No. 26 of 1971).

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State of Kerala - Act

Kerala land assignment rules, 1964, rule kerala-land-assignment-rules-1964 of 1964.

• Published on 23 March 1964
• Commenced on 23 March 1964
• [This is the version of this document from 23 March 1964.]
• [Note: The original publication document is not available and this content could not be verified.]

1. Short title and commencement.

1a. exemption., 2. definitions., 3. assignment to be without auction., 4. purposes for which land may be assigned., 5. maximum limits to be assigned for cultivation., 6. assignment for house site and for beneficial enjoyment., 7. [ priority to be observed in assignment. [substituted by sro l142/89 dated 28-6-1989 published in kerala gazette no. 45/89 dated 14-11-1989.], 3. no registry shall be granted to any family in occupation of government land either under a lease, current or time expired or by way of encroachment, unless it surrenders to government, without claiming any compensation, the land in excess of the extent proposed to be registered in its favour. if there is excess land, in its possession and if is not willing to surrender the excess land eviction will be resorted to., 7a. [ preference to kumkidars. [substituted by g.o. (p) 687/67/rd dated 30-12-1967 published in kerala gazette extraordinary no. 244 dated 30-12-1967.], 8. conditions of assignment on registry., 9. collection of arrears of government dues and issue of provisional patta., 10. land value and other dues to be paid., 11. list of assignable land to be prepared., 12. enquiry to be held., 12a. [ [inserted by g.o. (p) 331/68/rd. dated 21-6-1968 published in kerala gazette extraordinary no. 137 dated 22-6-1960.], 13. lease or licensing of government land., 13a. [ lands with ports limits. [inserted by g.o. (p) 88/67/rev. dated 27-2-1967 published in kerala gazette no. 9 dated 7-3-1967.], 14. period of lease etc., 15. conditions of lease or licence., 16. enquiry to be held., 17. [ rental for trees. [substituted notification no. g.o. (p) 544/66/rd. dated 30/09/1966, published in k.g. no. 40 dated 11/10/1966.], 18. rental to be charged., 19. leasing or licensing of government office compounds etc., 20. proportionate rental to be collected., 21. appeal to lie to revenue divisional officer etc., 22. registers etc. to be maintained., 23. recovery of government dues., 23a. [ [inserted by sro 548/80 dated 2-6-1980 published in kerala gazette no. 25 dated 17-6-1980.], 24. [ powers of government. [substituted by g.o. (p) 698/rev. dated 20-12-1966 published in kerala gazette no. 51 dated 27-12-1966.].

Bare Acts Live

• 1. Short title, extent and commencement.
• 2. Definitions.
• 3. Assignment of Government Land.
• 4. Procedure to be followed before Government lands are assigned.
• 5. Order of assignment.
• 6. Bar of suits.
• 7. Power to make rules.
• 8. Assignment to take effect with restrictions, conditions, etc. according to their tenor.
• 9. Repeals.
• 1. Short title and commencement.
• 1A. Exemption.
• 3. Assignment to be without auction.
• 4. Purposes for which land may be assigned.
• 5. Maximum limits to be assigned for cultivation.
• 6. Assignment for house site and for beneficial enjoyment.
• 7. Priority to be observed in assignment.
• 7A. Preference to Kumkidars.
• 8. Conditions of assignment on registry.
• 9. Collection of arrears of Government dues and issue of Provisional Patta.
• 10. Land value and other dues to be paid.
• 11. List of assignable land to be prepared.
• 12. Enquiry to be held.
• 13. Lease or licensing of Government land.
• 13A. Lands with ports limits.
• 14. Period of lease etc.
• 15. Conditions of lease or licence.
• 16. Enquiry to be held.
• 17. Rental for trees.
• 18. Rental to be charged.
• 19. Leasing or licensing of Government Office compounds etc.
• 20. Proportionate rental to be collected.
• 21. Appeal to lie to Revenue Divisional Officer etc.
• 22. Registers etc. to be maintained.
• 23. Recovery of Government dues.
• 24. Powers of Government.

Kerala Land Assignment Rules, 1964

Published vide Notification No. G.O. (P) No. 200/Rev. dated 23-3-1964 in K.G. Extraordinary No. 55 dated 25/03/1964 (w.e.f. 25/03/1964)

Last Updated 26th December, 2019 [ker075]

General Provisions

(i) lands situated within the limits of a corporation, Municipality or Cantonment or within such other areas as Government may, byorder specify;

(ii) assignment of Government lands made for the specific purpose of cultivating Tea, Coffee, Rubber, Cinchona and Cardamom;

(iii) assignment of Government lands under any special rules other than Kuthakapattom Rules of 1947 whether already made or to bemade in respect of lands reserved for allotment under such rules;

(iv) Government lands held under special tenures like Kandukrishi, Viruthi, etc;

(v) Government land held under any special agreement with the Government;

[(vi) Government lands which stand transferred to and vested in the Panchayats under the Kerala Panchayats Act, 1960 (32 of I960)] .

(a) "Alienation" includes sale, gift, 2[bequest under a will], mortgage, hypothecation or lease,

(b) "assignee" means a person to whom land is assigned under these rules and includes his heirs or successors in interest.

[(c) "Assignment" means transfer of land by way of registry and includes a lease and a grant of licence for the use of the land]

[(cc) "encroachment not considered objectionable" means encroachment on government land, which is available for assignment, by a person or family eligible to get land, or registry under these rules] ,

[(cd) "beneficial enjoyment" means the enjoyment of land for purposes like providing approach road to the assignee's registered holding and protection of his watercourse, standing crops and buildings.]

(d) "Family" includes a person, his wife or her husband, their children living with or dependent on them and also the parents who are solely dependent on such person.

(e) "Government lands" shall, for purposes of these rules, consist of lands belonging to Government and available for assignment as per lists prepared by the Revenue Department and approved by the competent authority under these rules and such other lands as may be set apart for purposes of these rules.

[(f) "Hold" with its grammatical variations means to actually possess land] .

[(g) "Scheduled Castes and Scheduled Tribes" means the Scheduled castes and Scheduled Tribes referred to in clauses (24) and (25) of Article 366 of the Constitution of India, and shall include converts to other religions from Scheduled Castes as well.]

(h) "Tahsildar" means the Tahsildar in charge of a Taluk and includes a Special Tahsildar employed specially for land assignment work.

(i) "Village Officer" includes Village Assistant.

Registry of Land

Maximum limits to be assigned for cultivation.

(a) in the case of unoccupied lands, not more than one acre of land whether wet or dry, in the plains and not more than one acre of wet land or three acres of dry land in hilly tracts;

(b) in the case of lands held on lease whether current or time expired or by way of encroachment not considered objectionable,-

(i) where there are no valuable improvements effected on the land by the occupant, not more than one acre of land, whether wet or dry, in the plains and not more than one acre or wet land or three acres of dry land in hilly tracts;

(ii) where there are valuable improvements effected on the land by the occupant, not more than [two acres of land wet or dry] in the plains and not more than two acres of wet land or four acres of dry land in hilly tracts;

Note. - In the case of occupied lands and lands held on lease, whether current or time expired, or by way of encroachment not considered objectionable, where the occupant has not effected valuable improvements on the lands, one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land, and one acre of wet land in the hilly tracts shall be deemed to be equivalent to three acres of dry lands; and in the cases of lands held on lease whether current or time expired or by way of encroachments not considered objectionable where the occupant has effected valuable improvements on the lands, [one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land and one acre of wet land in the hilly tracts shall be deemed to be equivalent to two acres of dry land] .

(i) the following Taluks and villages shall be treated as hilly tracts-

[(a) Poonjar and Melukavu Villages in Meenachil Taluk; Erumely, Kanjirappally, Mundakkayam, and Manimala Villages in Kanjirappally Taluk; Vellavur Village in Changanachery Taluk and the Devicolam, Peermade, and Udumbanchola Taluks in the District of Kottayam] .

(b) Agali, Pudur and Sholayar villages in Attapady Valley in Perinthalmanna Taluk; Nenmara, Vallanghy, Pothundy, Ayilur, Kairadi, and Thiruvazhiyad villages in Chittur Taluk in the District of Palaghat.

[(c) Varavoor, Pilakad, Mullurkara, Attur, Nedumpra, Cheruthurithy, Desamangalam, Pullur, Panjal, Painkulam, Kanjirakode, Kumaranellur, Enkakkad, Karumathara, Virupakka, Thekkumkara, Manalithara, Paralikkad, Wadakkanchery, Venganellur, Killimangalam, Chiramannangad, Vallarakad, Kadangode, Peringanur, Minalur, Puthuruthi, Mundathicode, Eyyal, Vellanttanjur, Chiranellur, Trichur, Arangottukara, Thalassery, Kottapuram, Chitanda, Velur, Thavyur, Kiralur, Kariyannur, Nelluvaya, Thonnurkara, Pulacode, Chelakkara, Kurumala, Pangarapilly, Kondazhi, Mayyannur, Elanad, Vennur, Pazhayannur, Vadekkathara, Chelacode, Thiruvilwamala, Kanearcode, and Pampadi, villages in Talappilly Taluk; Murinjur Thekkumuri, Murinjur Kizhakkumuri, Melur, Pariyaram, Elinjipara, Kodakara, Kodassery, Varandarapilly, Mupilayam, Nandipulam, Mattathur, Amballur, Kallur and Thrikkur Villages in Mukandapuram Taluk;Panachery Vellanikara, Madakkathara, Nettisery, Ollukara. Kozhukully, Viyur, Vilvattom, Kuriachikara, Kilannur, Kolazhy, Kainur, Mulayam, Puthur and Mannamagalam Villages in Trichur Taluk in the District of Trichur.

(d) The entire South Wynad Taluk in the District of Kozhikode.

(e) Anikad, Kottangal, Perumpatty, villages in Thiruvella Taluk in the District Alleppey]

[(f) The entire North Wynad Taluk, Bayar, Kadamerkala, Kumbadaje, Ubrangala, Nettanije, Bellurn, Bedadka, Bendadka, Adoor, Delarnpady, Abhur, Karbka, Muliyar, Kuttikode, Kolathur, Vorkady, Heroor, Paivalike, Chippar, Pathur, Kadlamogru, Talakala, Meenja. Kuloor, Mugu, Angadimogru, Badoor, Maire, Enmakaje, Padre, Kattukkukke, Bala and Pordal villages in Kasargode Taluk; Panathady, West Eleri, Meloth, Easr Eleri, Kinanur Karnidalam. Beloor, Kayyur, Kilaikode, and Thimiri villages in Hosdurg Taluk; Eruvassi, Thedikadavu, Neduvil, Padiyoor, Kalliyad, and vayakkara villages in Taliparamba Taluk in the District of Cannanore]

[(g) Kunnathukal A and B and Ottasekharamangalam A and B Villages in Neyyatinkara Taluk; Palode B, Aryanad B and Mannoorkara Villages in Nedumangad Taluk in District of Trivandrum] .

[(h) Perinad, Chethkal, Konni, Vadesserikara, Malayalapuzha, Konnithazham and Iravom Villages in Pathanamthitta Taluk; Chithra and Ittava Villages in Kottarakara Taluk, Piravathoor, Edarnon, Ariancavu, Kulathupuzha, Yeroor and Alaymon villages in Pathanapuram Taluk and Koodal, Kodurnon and Enadimangalarn villages in Kunnathur Taluk in the District of Quilon] ;

[(i) Kurimannur, Kodikulam, and Kanni, Elam Tract villages in Thodupuzha Taluk, Kuttamangalam, Keerampara Kottappady and Kadavoor villages in Muvattupuzha Taluk; Vengoor East village in Kunnathunad Taluk, Manjapara and Malayattur Villages in Alwaye Taluk in the District of Ernakulam] .

[(ii) "valuable improvements" shall mean improvements by cultivation of tea, coffee, rubber, cardamom, arecanut, pepper or coconut or by way of construction of contour bunds or Kayal bunds or byway of construction of buildings.

(iii) for the purpose of calculating the extent of land that may be assigned to a family, the total extent of land possessed or held with proprietary right or fixity of tenure by the head of the family and also the members of the family both individually and collectively shall be taken into account. Assignment made in favour of a family under these rules shall, for the purpose of calculating the maximum extent that may be so assigned, include assignment made to members of the family both individually and collectively, the total extent so assigned not exceeding the maximum area that may be assigned to that family. The area under encroachment by a member of family shall, for the purpose of these rules, be deemed as the area under encroachment by the family] .

[Note. - (1) The authority competent to assign land for beneficial enjoyment shall be the Revenue Divisional Officer. He may pass order of assignment in such cases only after personally satisfying himself that the land is absolutely necessary for that purpose.]

(i) First preference. - for persons who do not own or hold any land either in proprietary right or with security of tenure and whose annual family income does not exceed Rs. [10,000] : Provided that in assigning lands under this clause [ten percent of the area shall be assigned to Ex-servicemen and] not less than twenty five per cent of the area shall be assigned to the members of the Scheduled Castes and Scheduled Tribes subject to availability of applicants.

(ii) Second preference: - for person who do not own or hold any land either in proprietary right or with security of tenure who are disabled while in active military service or who are dependent of those who are killed or disabled while in active military service;

(iii) Third preference. - for small holders who have not been able to resume their lands due to expiry of the time for applying for resumption and whose annual family income does not exceed Rs. [10,000] .

(v) Fifth Preference. - for persons whose annual family income does not exceed Rs. [10,000] and the total extent of the land owned or held by them either in proprietary right or with security of tenure is less than the extent prescribed in these rules.

Note. - The concession provided for in sub-rules (1) to (5) shall apply to the legal heirs of the Kumkidars also provided the original Kumkidars had applied for the assignment of the land in question within the period mentioned in sub-rule (1).

Note. - Market value at the prevailing rate shall be exclusive of the improvements, if any, made by the occupants of the land]

[(a) to the Government or Co-operative Institutions or Tea Board or the Rubber Board or any other financial institutions recognised by the Government in this behalf, as security for obtaining loan for agricultural or land improvement purposes or for growing tea or rubber; and]

(b) to the Government or Co-operative Institutions as security for obtaining loans for house construction under the Village Housing Project Scheme or any other housing schemes sponsored by the Government, if such house is required for the occupation of the assignee or his family] .

(I) in the case of assignment to military personnel or their dependents as the case may be, the assignee may cultivate the land by his own labourer by the labour of any member of his family and with the occasional assistants, if any of hired labour or servants on wages payable in cash or in kind but not in crop share;

(II) the military personnel may apply for land anywhere in the State irrespective of the State to which they belong; and in the matter of assignment preference shall be given to persons belong to Kerala;

(III) the military personal may lease for cultivation purposes the lands assigned to them whilst they are away on active services.

[Note. - A patta issued under this sub-rule shall be liable to stamp duty ofappropriate value] .

[Note. - Arrears of assignment dues shall bear interest at [6 per cent per annum] ]

(i) the value of the land, where the land is held on lease, whether current or time expired; and

(ii) one-and-a half times of the value of the land, where the land is held by way of encroachment.

(ii) in determine the value of the land for the purposes of this sub-rule, the District Collector shall have due regard to the value of similar lands without improvements situated in similar locality.

[(a) No value shall be charged in respect of trees the girth of which is 90 c.m. or less at breast height] .

[(b) If the assignee was already in occupation of the land and he or his predecessor in occupation has planted trees etc. thereon, no tree value shall be charged in respect of such of those trees etc., planted by him or his predecessor in occupation as are specified in Part B of Appendix III to these rules] ,

(c) If the assignee is not agreeable to pay the tree value as specified in clause (a), in respect of trees specified in Part A of Appendix III, to the Tahsildar shall dispose of, in public auction, the trees growth [which is not allowed free to the assignee under that clause] .

(i) In Taluks where resurvey work has been completed or is in progress, the maximum rate of survey charges per hector arrived at during resurvey for the area so far completed under resurvey; and

(ii) In Taluks where resurvey has not been taken up, maximum rate of survey charges as per resurvey in the nearest taluk in the District where resurvey has been completed.

Machinery And Procedure for Granting Registry

(i) Porambokes as defined in the Kerala Land Conservancy Act, except those which may be assigned without detriment to Government or public interest;

(ii) Lands required for Government of public purposes, other than those covered by the definition of 'poramboke' in the Kerala Land Conservancy Act;

[(iii) Lands required or likely to be required for any settlement scheme or any other scheme sponsored by the Government] ;

(iv) Lands likely to be required for the present or future Governmentor public purposes;

[(v) Lands on the sides of roads required for the widening of roads; lands within port limits or with in fifteen links (3.017 meters) on either side of stream; [xxxx] or within one chain (20.117 meters) of important irrigation channels without embankments or within twenty links (4.02 meters) of less important irrigation channels without embankments; or within fifteen links (3.017 meters) of irrigation channels with embankments [or within one hundred meters of the boundary of railway stations] ; or within two hundred yards (183 meters) of the boundary of airodromes and landing grounds; or land near sea coast [within 100 feet (30.480 meters) of the high water mark of the sea] ] .

Note. - Land near sea coast [within 100 feet (30.480 meters)] of the high water mark of the sea may, however, be temporarily assigned as house sites for fishermen and also for purposes of casuarina [coconut] plantations and erection offish oil and fish guano factories beyond hundred yard (91.5 meters) from the high water mark].

(vi) Lands required for colonisation purposes;

(vii) Lands specially reserved for assignment to back-ward communities;

(viii) Lands containing or believed to contain valuable minerals, quarriesetc; and

(ix) Lands acquired for Government purposes but not required for suchpurposes.

[(x) Lands acquired for libraries and reading rooms] .

(i) if, in any village, the lands available for assignment under these rules are already occupied either under leases (current or time expired) or by way of encroachment and the occupants there of are entitled to assignment of lands under these rules, only the balance area, if any, that will be available after such assignment shall be reserved as aforesaid;

(iii) in the assignment of lands for house sites in sea coast villages, priority shall be given to landless fishermen in respect of lands which are situated beyond [one hundred feet] but within four furlongs from the high water mark of the sea, if the lands are not already in the occupation of other persons who are entitled to get the lands assigned under these rules; [xxxx]

[Note. - Applicants belonging to Schedule Castes and Tribes and serving military personnel shall be exempt from affixing stamp on their applications] .

(ii) The Taluk Land Assignment Committee shall ordinarily have the following members:-

(1) One representative each of all the political parties who have representative(s) in the Legislative Assembly, (in case the State Committee of a party desires to change its nominee in any Taluk Committee, the State Committee may intimate the fact to the Government in writing, and the change shall accordingly be given effect to by the Government).

(2) Members of Parliament/Members of Legislative Assembly representing the Taluk or any part of the Taluk.

[(2)(a) The President of the concerned Grama Panchayat and the Block Panchayat and the members representing the concerned area in the District Panchayat] .

(3) One Harijan member to be nominated by the Government.

(4) The Tahsildar of the Taluk.

(5) The Special Tahsildar or the Special Tahsildar for Assignment, if any, of the Taluk,

(iii) The Tahsildar of the Taluk (or the Special Tahsildar for Assignment, if specially ordered so by the District Collector in respect of any Committee) shall be the Convener of the Committee and shall preside over the meeting of the committee.

(iv) Not less than [1/5] of the total number of members of the Committee shall constitute the quorum for the meeting of the committee.

(v) The committee shall consider application for assignment of land on registry for personal cultivation or house sites. Only those lands which are listed as available for assignment under Rule 11 of the Kerala Land Assignment Rules, 1964. shall come within the purview of the Committee. The Tahsildar shall place before the Committee all applications for registry of land of the aforesaid category, along with the relevant records of enquiry under Rule 12. After consideration of the application as also the records of enquiry, particularly, the objections or claims if any, the committee shall give their advice strictly according to the preference stated in the rules as to the persons to whom the particulars lands may be assigned. The Committee will indicate the survey number, extent and such other particulars as are necessary to identify the lands are proposed to be assigned in each case. The assignment of lands to institutions, companies, for commercial purposes and for schemes will be outside the purview of the Committee.

(vi) The advice of the committee supported by not less than 3/4 of the members present shall be accepted and given effect to by the Tahsildar, In cases where the Committee fails to reach the decision as aforesaid with the required majority, the Tahsildar shall assign the land according to rules].

[(via) Notwithstanding anything contained in sub-rules (iv), (v) and (vi), if at any meeting there is not sufficient number of members present to form the quorum, the Tahsildar or the Special Tahsildar, as the case may be, shall assign the lands, the applications for assignment of which were proposed to be placed before the Committee at the meeting, according to rules] .

(vii) Provisions relating to appeals and revisions will apply to all cases of assignment resorted to on the advice of the Land Assignment Committee also.

(viii) The Committee shall have right to bring to the notice of the Tahsildar any case of assignment in the past to persons who are not eligible according to rules within a period of two years from the date of the final order assigning the land on registry. Such case together with the records, if any, are to be placed before the Committee for its consideration, and if the committee recommends cancellation of such assignment, the Tahsildar shall forward the records together with the recommendation of the Committee to the Board of Revenue for its decision,

(ix) The members of the Committee shall not be given any travelling allowance or daily allowance in connection with their sittings.]

Leases and Licences

(a) Lease of land for agricultural purposes to families of Scheduled Castes or Tribes [xxxx] and landless and indigent families belonging to other communities.

(b) Lease of land indispensably required for beneficial enjoyment of adjoining [x x x] holding.

[Note. - In such cases the lease shall automatically terminate on the date on which the lessee ceases to be in enjoyment of the adjoining holding] .

(c) Lease of land under any scheme approved by the Government.

(d) Lease of land for agricultural purposes to Co-operative Societies.

(e) Lease or licence of land for temporary occupations for purposes like putting up pandals or sheds for conferences, fairs, festivals, and marriages and for entertainments like cinema, circus, drama and exhibition.

(f) Lease or licence of land for purposes like the following: -

(i) Retting of coconut husks;

(ii) Stocking of materials;

(iii) Use as play grounds;

(iv) Laying of pipe lines;

(v) Riding up drainage covering and construction of steps on road margins;

(vi) Putting up of shops;

(vii) Construction of petrol bunks; and

(viii) Such other purposes as may be decided upon by Government from time to time.

Note. - Marine purposes for which the use of Government lands in port limits shall be considered are the following:-

(a) For hauling up or docking a sea-going vessel.

(b) For building a sea-going vessel.

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Kerala act 025 of 1971 : Kerala Land Reforms (Amendment) Act, 1971

An Act further to amend the Kerala Land Reforms Act, 1963

Preamble .- Whereas it is expedient further to amend the Kerala Land Reforms Act, 1963, for the purposes hereinafter appearing;

Be it enacted in the Twenty-second Year of the Republic of India as follows:-

Section 1. Short title and commencement

1. Short title and commencement .- (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 1st day of January, 1970 and the remaining provisions of this Act shall come into force at once.

Section 2. Amendment of section 2

2. Amendment of section 2 .- 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 but 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 shall be deemed,-

( i ) where such area was within the limits of a local authority immediately before such inclusion, to continue within the limits of that local authority; and

( ii ) where such area was not within the limits of a local authority immediately before such inclusion, to be within the limits of a panchayat;".

Section 3. Amendment of section 65

3. Amendment of section 65 .- 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."

Section 4. Amendment of section 72F

4. Amendment of section 72F .- 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 educational institution of a public nature and is entitled to annuity instead of compensation, the amount of such annuity; and".

Section 5. Amendment of section 72N

5. Amendment of section 72N .- 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 section 72F and that section 66 will not apply for such determination.".

Section 6. Amendment of section 75

6. Amendment of section 75 .- 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:-

"(3D) Where the kudikidappukaran shifts as required under sub-section (3B), or under sub-section (3BB), he shall be entitled to the ownership and possession of the land to which he shifts or is bound to shift, as the case may be, and also to the registry of such land in his name.";

( d ) in sub-section (3E), for the words "cost of the acquisition", the words "amount of compensation payable for the acquisition" shall be substituted.

Section 7. Substitution of new section for section 77

7. Substitution of new section for section 77 .- 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 satisfied that the applicant has complied with all the conditions mentioned in sub-section (2) or sub-section (4), as the case may be, of section 75, may pass an order requiring the kudikidappukaran to shift the kudikidappu before such date as may be specified in the order:

Provided that no such order shall be passed in any case where a certificate of purchase has been issued under section 80C in respect of the kudikidappu.

(3) If the kudikidappukaran does not shift the kudikidappu before the date specified in the order under sub-section (2), the Land Tribunal shall cause the kudikidappukaran to be evicted from the kudikidappu."

Section 8. Amendment of section 80A

8. Amendment of section 80A .- 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 1st day of July, 1969 and before the 1st day of January 1970 or voluntarily transfers such land on or after the 1st 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 contained in sub-sections (7) and (8), the kudikidappukaran shall not be liable to pay his share of the purchase price in cases where the person in possession of the land in which the kudikidappu is situate or, where the person in possession of the land is holding such land under a landlord or more than one landlord and the right, title and interest of such landlord or landlords have not vested in the Government under section 72, the person in possession of such land and such landloard or landlords agrees or agree in writing that the kudikidappukaran need not pay his share of the purchase price.".

Section 9. Amendment of section 80B

9. Amendment of section 80B .- 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.".

Section 10. Amendment of section 80C

10. Amendment of section 80C .- 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 purchase price or, where no purchase price is due from the kudikidappukaran after set-off as provided in sub-section (5) of section 80B, after the order of the Land Tribunal under sub-section (3) of section 80B, has become final, the Land Tribunal shall issue a certificate of purchase in such form and containing such particulars as may be prescribed, and thereupon the right, title and interest of the landowner, the intermediaries, if any, and the person in possession where he is not the landowner, in respect of the land allowed to be purchased, shall vest in the kudikidappukaran free from all encumbrances with effect from the date of such deposit or, as the case may be, the date on which the order of the Land Tribunal under the said sub-section (3) has become final.";

( c ) after sub-section (4), the following sub-section shall be inserted, namely:-

"(4A) Where the certificate of purchase issued to the kudikidappukaran is in respect of another portion of the land and the kudikidappukaran does not vacate the existing kudikidappu with a reasonable time after the issue of such certificate, the Land Tribunal shall cause him to be evicted from the existing kudikidappu.".

Section 11. Amendment of section 81

11. Amendment of section 81 .- 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:".

Section 12. Amendment of section 82

12. Amendment of section 82 .- 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 adult unmarried person in the lands owned or held jointly or by a co-operative society or a joint family shall be deemed to be the extent of land which would be allotted to such member or person had such lands been divided or partitioned, as the case may be, on the date notified under section 83.

(4) Where, after the commencement of this Act, any class of land specified in Schedule II has been converted into any other class of land specified in that Schedule or into a plantation, the extent of land liable to be surrendered by a person owning or holding such land shall be determined without taking into consideration such conversion."

Section 13. Amendment of section 85

13. Amendment of section 85 .- 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:-

Provided that the Land Board shall not be bound to accept such choice if-

( A ) It has reason to believe that the person whose land is indicated to be surrendered has no good title to that land; or

( B ) the land indicated to be surrendered is not accessible; or

( C ) it considers for any other reason to be recorded in writing that it is not practicable to accept the choice or to take possession of the land;";

(c) after sub-section (8) and before the Explanation thereunder, the following sub-section shall be inserted, namely:-

"(9) The Land Board may, if it is satisfied that the extent of lands surrendered by, or assumed from, a person under section 86 is less than the extent of lands which he was liable to surrender by, or assumed from, a person were not lawfully owned or held by him set aside its order under sub-section (5) or sub-section (7), as the case may be, in respect of such lands and shall proceed afresh under that sub-section:

Provided that the Land Board shall not set aside any order under this sub-section without giving the persons affected thereby an opportunity of being heard:

Provided further that the Land Board shall not initiate any proceedings under this sub-section after the expiry of three years from the date on which the order sought to be set aside has become final.".

Section 14. Amendment of section 86

14. Amendment of section 86 .- 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.".

Section 15. Amendment of section 88

15. Amendment of section 88 .- 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 per cent of the portion of the compensation for the site of any homestead or but in the occupation of a kudikidappukaran shall be deducted from the total amount of compensation;

( ii ) the balance remaining after deducting the amount referred to in clause (i) shall be apportioned among the land owner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land immediately before the surrender, assumption or vesting in the Government, as the case may be.

Explanation.- Profits derivable from the land’ shall be deemed to be equal to (i) in the case of a landowner, the rent which he was entitled to get immediately before the 1st day of January, 1970, from the tenant holding immediately under him; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get immediately before the 1st day of January, 1970, from his tenant and the rent for which he was liable to his landlord immediately before that day; and (iii) in the case of a cultivating tenant, the difference between the net income and the rent which he was liable to pay immediately before the said day.

(3A) Notwithstanding anything contained in sub-section (2) and (3), where the compensation due under those sub-sections to an adult unmarried person, family or any other person (other than a joint family), as owner, landowner, intermediary or cultivating tenant or in any two or more of such capacities exceeds one lakh rupees, the compensation payable shall be limited to the amount specified in the Table below:

Scales of compensation

Provided that the compensation payable shall in no case exceed Rs. 2 lakhs.".

Section 16. Amendment of section 96

16. Amendment of section 96 .- 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:

Provided that eighty-seven and a half per cent of the area of the lands referred to in clause (ii) available for assignment in the taluk shall be assigned to landless agricultural labourers of which one-half shall be assigned to landless agricultural labourers belonging to the Scheduled Castes or the Scheduled Tribes.

Explanation.- For the purposes of this section-

( a ) a kudikidappukaran or the tenant of kudiyiruppu shall be deemed to be a landless agricultural labourer if he does not possess any other land; and

( b ) "Scheduled Castes" and "Scheduled Tribes" shall include converts to Christianity from such Castes and Tribes.

(1A) Notwithstanding anything contained in sub-section (1), the Land Board may, if it considers that any land vested in the Government under section 86 or section 87 is required for any public purpose, reserve such land for such purpose.".

Section 17. Amendment of section 97

17. Amendment of section 97 .- 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.

Section 18. Amendment of section 98

18. Amendment of section 98 .- 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.

Section 19. Amendment of section 109

19. Amendment of section 109 .- 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.

Section 20. Amendment of section 112

20. Amendment of section 112 .- 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 of the land occupied by the homestead or hut, if any, shall be apportioned between the cultivating tenant and the Government in proportion to the profits derivable by them from the land.

Explanation.- ‘Profits derivable from the land shall be deemed to be equal to-

( i ) in the case of the cultivating tenant, the difference between the net income immediately before the acquisition and the rent which he was liable to pay immediately before the date on which the right, title and interest of the land-owner and the intermediaries have vested in the Government; and

( ii ) in the case of the Government, such rent.";

( b ) in sub-section (6), for the brackets, figures and word "(3) and (5)", the brackets, figures, word and letter "(3), (5) and (5A)" shall be substituted.

Section 21. Insertion of new Schedule IV

21. Insertion of new Schedule IV .- After Schedule III to the principal Act the following Schedule shall be inserted, namely:-

"SCHEDULE IV

See section 88(2)

RATES OF COMPENSATION

Lands other than nilam

Class of land Rate per acre

Trivandrum, Quilon, Alleppey, Kottayam, Ernakulam and Trichur Districts

Section 22. Amendment of section 108, Act 35 of 1969

22. Amendment of section 108, Act 35 of 1969 .- 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 provisions of the principal Act as amend by this Act.".

Section 23. Transitory provisions

23. Transitory provisions .- (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.

Section 24. Special Provisions regarding applications under Madras Acts XXXIII of 1951 and XXII of 1956

24. Special Provisions regarding applications under Madras Acts XXXIII of 1951 and XXII of 1956 .- (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 after the 1st day of January, 1970, on the basis that section 52 or sub-section (2) of section 5, as the case may be, referred to in sub-section (1) of this section, has been repealed, shall, on the application by any person aggrieved by such disposal to the court which disposed of the application, appeal, revision, review or other proceeding, as the case may be, within ninety days from the commencement of this section be re-opened by that court and disposed of in accordance with the provisions of the said section 52 or sub-section (2) of section 5, as the case may be.