The Kerala Land Reforms Act, 1963

(1) This Act may be called the Kerala Land Reforms Act, 1963. (2) It extends to the whole of the State of Kerala. (3) The provisions of this Act, except this section which shall come into force at once, shall come into force on such date as the Government may, by notification in the Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that provision.

In this Act, unless the context otherwise requires,— (1) "agricultural labourer" means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs; (2) "agricultural year" means the year commencing with the 1st April in any year and ending with the 31st March of the year next succeeding, except in the case of kole nilams in which case it shall be the year commencing with the 15th June in any year and ending with the 14th June of the year next succeeding: 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; (3) "ceiling area" means the extent of land specified in section 82 as the ceiling area; (4) "Cochin" means the area comprising— (i) the portion of the State of Kerala which before the first day of July, 1949, formed the State of Cochin, excluding the enclaves absorbed in the Malabar district under the Provinces and States (Absorption of Enclaves) Order, 1950; and (ii) the enclaves which formed part of the Malabar district absorbed in the State of Travancore-Cochin under the said Order; (5) "commercial site" means any land (not being a kudiyiruppu or a kudikidappu) which is used principally for the purposes of any trade, commerce, industry, manufacture or business; (6) "court" means, where a particular court is not specifically mentioned, the court having jurisdiction under the Code of Civil Procedure, 1908, to entertain a suit for the possession of the holding or part thereof to which any legal proceeding under this Act relates; (7) "cultivate" with its grammatical variations means cultivate either solely by one's own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both, provided that such members or hired labourers have not agreed to pay or to take any fixed proportion of the produce of the land they cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it. Explanation.—For the purposes of this clause, "members of family" shall mean,— (a) in the case of lands held by a joint family, members of such family; and (b) in any other case, wife or husband, as the case may be, and the lineal descendants; (8) "cultivating tenant" means a tenant who is in actual possession of, and is entitled to cultivate, the land comprised in his holding; (9) "customary dues" means anything, other than rent, michavaram or renewal fees,— (i) payable in cash or in kind by a tenant to his landlord; or (ii) allowed to be taken by the landlord from the holding, periodically or on the happening of any event or on the occasion of any festival, and includes onakazhcha, utsavakoppu, perunnalkazhcha and aradiantharam; (10) "double-crop nilam" means nilam on which more than one crop of paddy is ordinarily raised in an agricultural year; (11) "dry land" means land which is not nilam, garden, palliyal land or plantation; (12) "eviction" means the recovery of possession of land from a tenant or the recovery of a kudikidappu from the occupation of the kudikidappukaran; (13) "fair rent" means the rent payable by a cultivating tenant under section 27 or section 33; (14) "family" means husband, wife and their unmarried minor children or such of them as exist; (15) "garden" means land used principally for growing coconut trees, arecanut trees or pepper vines, or any two or more of the same; (16) "gross produce", in the case of a nilam, means the normal produce of that nilam less the cost of harvesting and, in the case of a garden or dry land, means the normal produce of that garden or dry land: Provided that in determining the gross produce in the case of any double crop nilam, account shall be taken as though only a single paddy crop, which shall be the principal crop, has been raised on the land if it had been converted from single crop into double crop nilam at the tenant's expense, and as though two paddy crops have been raised on the land in other cases. Explanation.—For the purposes of this clause, "normal produce" in respect of any land means the produce which would be raised if the rainfall and the seasons were of a normal character; (17) "holding" means a parcel or parcels of land held under a single demise by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed, or are bound under section 48 or otherwise, to treat as a separate holding; (18) the term "improvement" shall have the meaning assigned to it under the Kerala Compensation for Tenants Improvements Act, 1958; (19) "intermediary" means any person who, not being a landowner or mortgagee, has an interest in the land and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to any other person otherwise than by way of mortgage; (20) "joint family" means a Hindu undivided family, a Marumakkathayam tarwad or tavazhi, an Aliasanthana kutumba or kavaru or a Nambudiri Illam; (21) "kaipad system of cultivation" means the system of cultivation, by whatever name called, under which paddy is cultivated on saline land by raising small mounds of earth and planting seedlings thereon; (22) "kanam" means the transfer for consideration, in money or in kind or in both, by a landlord of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing the transaction as kanam or kanapattam, the incidents of which transfer include— (a) a right in the transferee to hold the said property liable for the consideration paid by him or due to him; (b) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties; and (c) payment of michavaram or customary dues, or renewal on the expiry of any specified period, and, in areas in the State other than Malabar, includes such transfer of interest in specific immovable property which is described in the document evidencing the transaction as otti, karipanayam, panayam, nerpanayam or by any other name and which has the incidents specified in sub-clauses (a) and (b) above and also the following incidents:— (i) renewal on the expiry of any specified period; and (ii) payment of customary dues: Provided that kanapattam or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy Act, 1955, shall not be deemed to be a kanam. Explanation.—For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document; (23) "kanam-kuzhikanam" means and includes a transfer by a landlord to another person of garden lands or of other lands or of both, with the fruit bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, the incidents of which transfer include— (a) a right in the transferee to hold the said lands liable for the consideration paid by him or due to him, which consideration is called 'kanartham'; and (b) the liability of the transferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties: Provided that a usufructuary mortgage as defined in the Transfer of Property Act, 1882 (Central Act 4 of 1882), shall not be deemed to be a kanam-kuzhikanam; (24) "kole nilam" means land in the bed of any kayal, or lake, or any water-logged land in areas adjoining or lying within the vicinity of any kayal, lake or river, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by mechanical or other means, and includes— (i) kole or punjakole nilam in the districts of Palghat and Trichur; and (ii) water-logged land in the taluks of Hosdrug and Kasaragod commonly known as "Avi" land, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by baling; (25) "kudikidappukaran" means a person who has neither a homestead nor any land, either as owner or as tenant in possession, on which he could erect a homestead and (i) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (ii) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land; (22) "kanam" means the transfer for consideration in money or in kind or in both by a landlord of any interest in land to another for the enjoyment of those lands and for the purpose of such enjoyment puts the transferee in possession of the lands, with the following incidents:— (a) an interest in the land created in the transferee and the right of the transferee to hold the land liable for the consideration paid by him or due to him, which consideration is called 'kanartham'; (b) the liability of the transferor to pay to the transferee interest on the kanartham; (c) the payment of 'michavaram' by the tenant to the landlord; and (d) a right in the transferee to occupy the land for a period of twelve years or any other longer or shorter period which may be specified in the document evidencing the transfer, and includes usufructuary mortgage as defined in the Transfer of Property Act, 1882, otti, karipanayam, kanam-otti, nerpanayam or by any other name and which has the incidents specified in sub-clauses (a) and (b) above and also the following incidents:— (i) renewal on the expiry of any specified period; and (ii) payment of customary dues: Provided that kanapattam or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy Act, 1955, shall not be deemed to be a kanam. Explanation.—For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document; (23) "kanam-kuzhikanam" means and includes a transfer by a landlord to another person of garden lands or of other lands or of both, with the fruit bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, the incidents of which transfer include— (a) a right in the transferee to hold the said lands liable for the consideration paid by him or due to him, which consideration is called 'kanartham'; and (b) the liability of the transferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties: Provided that a usufructuary mortgage as defined in the Transfer of Property Act, 1882 (Central Act 4 of 1882), shall not be deemed to be a kanam-kuzhikanam; (24) "kole nilam" means land in the bed of any kayal, or lake, or any water-logged land in areas adjoining or lying within the vicinity of any kayal, lake or river, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by mechanical or other means, and includes— (i) kole or punjakole nilam in the districts of Palghat and Trichur; and (ii) water-logged land in the taluks of Hosdrug and Kasaragod commonly known as "Avi" land, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by baling; (25) "kudikidappukaran" means a person who has neither a homestead nor any land, either as owner or as tenant in possession, on which he could erect a homestead and (i) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (ii) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land, but otherwise has no interest in the land; and "kudikidappu" means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto: Provided that a person shall not be deemed to be a kudikidappukaran if the aforesaid permission was granted after the 11th day of April, 1957, by a mortgagee in possession or by a tenant from whom the land in which the kudikidappu is situate is liable to be resumed: Provided further that a person shall not be deemed to be a kudikidappukaran if the aforesaid permission was granted in respect of any hut not belonging to him and situate— (a) in a plantation; or (b) in any area of land which is appurtenant to a mill, factory or workshop, and in connection with the employment of such person in the plantation, mill, factory or workshop, unless he was, immediately before the commencement of this Act, entitled to the rights of a kudikidappukaran or the holder of a protected ulkudi or kudikidappu under any law then in force. Explanation I.—For the purposes of this clause, 'hut' means any dwelling house which was constructed at a cost not exceeding four hundred rupees, or could have, at the time of construction, yielded a monthly rent not exceeding four rupees. Explanation II.—Any person who was in occupation of a kudikidappu on the 11th day of April, 1957, and who continued to be in such occupation at the commencement of this Act, shall be deemed to be in occupation of such kudikidappu with permission as required under this clause. Explanation III.—Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu right shall revive on the redemption of the mortgage, provided that he has at the time of the redemption neither a homestead nor any land, either as owner or as tenant in possession, on which he could erect a homestead; (26) "kudiyiruppu" means a holding or part of a holding consisting of the site of any residential building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include a kudikidappu; (27) "Kuttanad area" means the area covered by the villages specified in Schedule I; (28) "kuzhikanam" means and includes a transfer by a landlord to another person of garden lands or of other lands or of both, with the fruit-bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, but shall not include a usufructuary mortgage as defined in the Transfer of Property Act, 1882; (29) "landlord" means a person under whom a tenant holds and to whom he is liable to pay rent, and includes a landowner; (30) "landowner" means the owner of the land comprised in a holding and includes— (i) a landholder holding Sree Pandaravaka lands on pattam, otti, jenmam, kudijenmam, danam or any other tenure; and (ii) a land holder holding Sreepadam lands on Sreepadam pattam or other favourable tenure; (31) "Land Board" means the Land Board constituted under section 100; (32) "Land Tribunal" means a Land Tribunal constituted under section 99; (33) "licensee" means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreement, cultivates that nilam with paddy for a remuneration and with the risk of cultivation, but does not include a person who cultivates the nilam of another merely as an agent or servant; (34) "Malabar" means the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956; (35) "member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India; (36) "michavaram" means whatever is agreed by a kanamdar to be paid periodically as residual rent, in money or in kind or in both to, or on behalf of, the landlord, but does not include customary dues; (37) "net income" means income derived from any property after deducting therefrom the cultivation expenses or charges for maintaining fruit trees, timber trees or other useful trees and plants, and taxes and cesses due to the Government or any local authority; (38) "nilam" means land adapted for the cultivation of paddy; (39) "odacharthu" means an agreement for cutting bamboos in Malabar; (40) "owner" means a person entitled to the absolute proprietorship of land and includes— (a) a trustee in respect thereof; (b) a pattadar of ryotwari land; (c) a kudiyan as defined in the Travancore Jenmi and Kudiyan Act of 1071 and a kanam tenant as defined in the Kanam Tenancy Act, 1955, but does not include a jenmi as defined in the said Acts; (41) "palliyalland" means land which is used ordinarily for raising seedlings of paddy and includes land so used and known as pallimanayal, myal, potta, njal, njattadi or banabettu; (42) "pay" with its grammatical variations includes deliver; (43) "person" shall include a company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property; (44) "plantation" means any land used by a person principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter in this clause referred to as 'plantation crops') and includes— (a) land used by the said person for any purpose ancillary to the cultivation of plantation crops or for the preparation of the same for the market; (b) land contiguous to, or in the vicinity of, or within the boundaries of, the area cultivated with plantation crops, not exceeding twenty per cent of the area so cultivated and reserved by the said person and fit for the expansion of such cultivation; (c) agricultural lands interspersed within the boundaries of the area cultivated by the said person with plantation crops, not exceeding such extent as may be determined by the Land Board as necessary for the protection and efficient management of such cultivation. Explanation.—Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a); (45) "possession" in relation to land includes occupation of land by a person deemed to be a tenant under section 4, section 5, section 6, section 7, section 8, section 9 or section 10; (46) "prescribed" means prescribed by rules made under this Act; (47) "private forests" means forests to which the Madras Preservation of Private Forests Act, 1949 (Act XXVII of 1949), applies, excluding— (i) areas which are waste and are not enclaves within wooded areas; (ii) areas which are gardens or nilams; (iii) areas which are planted with tea, coffee, cocoa, rubber, cardamom or cinnamon; and (iv) other areas which are cultivated with pepper, arecanut, cocoanut, cashew or other fruit-bearing trees or are cultivated with any other agricultural crop; (48) (i) "punam or kumri cultivation" means fugitive or intermittent cultivation of paddy on dry lands in Malabar; (ii) "punam or kumri cultivator" means a person who has raised crops by punam or kumri cultivation in any year between 1953 and 1959 and, where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period; (49) "rent" means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person so permitting, and includes michavaram, but does not include customary dues; (50) "resumption" means the recovery of possession of land from a tenant; (44) "plantation" means any land used by a person principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter in this clause referred to as 'plantation crops') and includes-(a) land used by the said person for any purpose ancillary to the cultivation of plantation crops or for the preparation of the same for the market; (b) land contiguous to, or in the vicinity of, or within the boundaries of, the area cultivated with plantation crops, not exceeding twenty per cent of the area so cultivated and reserved by the said person and fit for the expansion of such cultivation; (c) agricultural lands interspersed within the boundaries of the area cultivated by the said person with plantation crops, not exceeding such extent as may be determined by the Land Board as necessary for the protection and efficient management of such cultivation. Explanation.-Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a); (45) "possession" in relation to land includes occupation of land by a person deemed to be a tenant under section 4, section 5, section 6, section 7, section 8, section 9 or section 10; (46) "prescribed" means prescribed by rules made under this Act; (47) "private forests" means forests to which the Madras Preservation of Private Forests Act, 1949 (Act XXVII of 1949), applies, excluding-(i) areas which are waste and are not enclaves within wooded areas; (ii) areas which are gardens or nilams; (iii) areas which are planted with tea, coffee, cocoa, rubber, cardamom or cinnamon; and (iv) other areas which are cultivated with pepper, arecanut, cocoanut, cashew or other fruit-bearing trees or are cultivated with any other agricultural crop; (48) (i) "punam or kumri cultivation" means fugitive or intermittent cultivation of paddy on dry lands in Malabar; (ii) "punam or kumri cultivator" means a person who has raised crops by punam or kumri cultivation in any year between 1953 and 1959 and, where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period; (49) "rent" means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person so permitting, and includes michavaram, but does not include customary dues; (50) "resumption" means the recovery of possession of land from a tenant; (51) "seaman" means every person (including a master, pilot or apprentice) employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies; (52) "small holder" means a landlord who does not have interest in land exceeding eight standard acres or twenty-four acres in extent, whichever is less, as owner, intermediary, or cultivating tenant, or in two or more of the above capacities, so however that the extent of non-resumable land in his possession as owner, or as cultivating tenant, or partly as owner and partly as cultivating tenant, does not exceed-(i) four standard acres; or (ii) four acres in extent, whichever is greater. Explanation.-For the purposes of this clause, a person who was in possession of, or had interest in, land exceeding the limits specified in this clause immediately before the 18th December, 1957, but such extent of land was reduced to the said limits or below by partition or transfer effected after the date mentioned above, shall not be deemed to be a small holder; nor shall such partition or transfer entitle the allottee or transferee to exercise the rights of a small-holder in respect of the land allotted or transferred to him; (53) "Sreepadam lands" means the lands registered in the revenue records as "sreepadam vaka" and known as sreepadam lands, but does not include sreepadam thanathu lands; (54) "Sree Pandaravaka lands" means the lands owned by the Sree Padmanabhaswamy; (55) "standard acre" means, in relation to any class of land specified in Schedule II situate in the district or taluk mentioned therein, the extent of land specified against it in that Schedule; (56) "State" means the State of Kerala; (57) "tenant" means any person who has paid or has agreed to pay rent or other consideration, for his being allowed by another to possess and to enjoy the land of the latter, and includes-(a) an intermediary; (b) a kanamdar; (c) a kanam-kuzhikanamdar; (d) a kuzhikanamdar; (e) a mulgenidar; (f) a verumpattamdar of any description (including a customary verumpattamdar); (g) the holder of a chalgeni lease; (h) the holder of a kudiyiruppu; (i) the holder of a vaidageni lease; and (j) a person who is deemed to be a tenant under section 4, section 5, section 6, section 7, section 8, section 9 or section 10. Explanation.-For the purposes of this clause,- (i) "holder of a chalgeni lease" means a lessee or sub-lessee of specific immovable property situate in the taluk of Hosdrug or Kasaragod in the district of Cannanore, who has contracted either expressly or impliedly to hold the same under a lease, whether for a specified period or not; (ii) "mulgeni" means a tenancy in perpetuity at a fixed invariable rent created in favour of a person called mulgenidar; (iii) "vaidageni lease" means a lease for a term of years; (58) "timber trees" means trees, the yield or income from which has not to be taken into account for the determination of fair rent; (59) "to hold land" means to be in possession of land as owner or as tenant or partly as owner and partly as tenant; (60) "varam" means an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertakes cultivation under such arrangement, and includes the arrangements known as pathivaram, pankuvaram and pankupattam; and "varamdar" means the person who undertakes cultivation under a varam arrangement; (61) "vechupakuthy" means a transaction whereunder a landowner permits another person to be in joint possession with him of any land with the following stipulations:-(i) the vechupakuthidar shall improve the land within a specified period; (ii) at the end of the period so specified-(a) the land shall be partitioned between the landowner and the vechupakuthidar in a specified proportion; (b) upon such partition, all the rights of either party over the portion of the land set apart for the other shall stand transferred to and vest in the other, and (iii) during the period between the date of the transaction aforesaid and the partition of the land the vechupakuthidar shall pay to the landowner such rent as may be specified; (62) (i) "verumpattamdar" means a lessee or sub-lessee of immovable property, whether called verumpattamdar, or venpattamdar, who has expressly or impliedly contracted to hold the same under a lease with or without security for rent, and includes a tharikuthukaran in the Palghat district, but does not include a kanamdar, kanam-kuzhikanamdar, or kuzhikanamdar; (ii) "customary verumpattamdar" means any verumpattamdar of immovable property situate in any area to which the Malabar Tenancy Act, 1929, extended, who, before the commencement of the Malabar Tenancy (Amendment) Act, 1951, was entitled, by the custom of the locality in which the land was situated, to possession of the said land for a definite period of years, and for whose continuance thereon, after the termination of that period, for a further period, a renewal fee had to be paid to the landlord as an incident of the tenure.

(1) Nothing in this Chapter shall apply to-(i) leases of lands or of buildings or of 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: Provided that in the case of kandukrishi lands sub-leased by a tenant holding such lands under the Government, the provisions of sections 13 to 26 shall, so long as the lease granted by the Government subsists, apply to the tenants holding under the sub-lease as they apply to tenants holding lands other than Government lands. Explanation I.-"Lands belonging to or vested in the Government of Kerala" shall, for the purposes of this clause, have the same meaning as "Government lands" under sub-section (1) of section 2 of the Kerala Government Land Assignment Act, 1960, but leases of lands escheated to the Government shall not be deemed to be leases of lands 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 of this Act. Explanation II.-For the purposes of this clause, "kandukrishi lands" means lands covered by the Kandukrishi Proclamation, 1124, and includes kandukrishi pattam and kandukrishi thanathu lands, but shall not include lands assigned on registry under the Kandukrishi Land Assignment Rules, 1958; or (ii) leases only of buildings, including a house, shop or warehouse, and the site thereof, with the land, if any, appurtenant thereto. Explanation.-Permission given to a kudikidapukaran to occupy a hut shall not be deemed to be a lease of building for the purposes of this clause; or (iii) leases of land or of buildings or of both specifically granted for industrial or commercial purposes; or (iv) tenancies of land or of buildings or of both created by the Administrator-General or the Official Trustee or an Official Receiver or officer appointed by a court under the provisions of any law, or by the court of wards, or by any person holding under or, deriving title from any of the officers or the court aforesaid: Provided that the provisions of this clause shall cease to apply to any tenancy created by the court of wards, where the landlord on whose behalf the tenancy was created does not terminate the tenancy by registered notice within a period of six months from the date on which the property was released from the superintendence of the court of wards; or (v) tenancies in respect of land or of buildings or of both created by mortgagees in possession or by persons deriving title from such mortgagees: Provided that nothing in this clause shall apply to a cultivating tenant holding land in the taluk of Hosdrug or Kasaragod in the district of Cannanore, to which the Malabar Tenancy Act, 1929, did not extend, under a lease granted before the 15th day of February, 1961, by a usufructuary mortgagee as defined in the Transfer of Property Act, 1882; or (vi) tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both: Provided that the provisions of sections 13 to 26 relating to fixity of tenure shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage, or, as the case may be, the life interest or other limited interest subsists: Provided further that the provisions of this Chapter, other than sections 53 to 72, shall apply to a tenancy created by a nissanthathi kavaru as defined in the Madras Aliyasanthana Act, 1949, in respect of lands or of buildings or of both, over which the nissanthathi kavaru has only a life interest. Explanation.-For the purposes of clause (vi), a sthani or trustee or owner of any temple, mosque, church or other place of public religious worship or of any other public religious or charitable institution or endowment shall not be deemed to be a person having only life interest or other limited interest in ownership; or (vii) leases of private forests: Provided that nothing in clauses (i) to (vii) shall affect the rights of persons who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force; or (viii) tenancies in respect of plantations exceeding thirty acres in extent: Provided that the provisions of this Chapter, other than sections 53 to 72, shall apply to tenancies in respect of agricultural lands which are treated as plantations under sub-clause (c) of clause (44) of section 2; or (ix) tenancies in respect of kayal padasekharams of Kuttanad area specified in Schedule IV, so long as such padasekharams are used for the cultivation of paddy or such other crops as the Government may, by notification in the Gazette, specify: Provided that the provisions of sections 4 to 52, 73 and 74 shall apply to such tenancies; or (x) tenancies in respect of sites, tanks and premises of any temple, mosque or church (including sites on which religious ceremonies are conducted) and sites of office buildings and other buildings attached to such temple, mosque or church, created by the owner, trustee or manager of such temple, mosque or church: Provided that nothing in this clause shall affect the rights to which a tenant was entitled immediately before the commencement of this Act under the contract of tenancy or under any law then in force; or (xi) lands transferred for felling trees; or (xii) any transaction relating only to the usufruct of trees or to the tapping of cocoanut or other palm trees or to the tapping of rubber trees. (2) The Government may, if they are satisfied that it is necessary so to do in public interest, by notification in the Gazette, exempt any lease or leases of lands other than nilams, or of such lands and buildings, situate within the limits of a municipal corporation or municipality which was in existence at the commencement of this Act and belonging to, or vested in, the Travancore Devaswom Board or the Cochin Devaswom Board, from the operation of all or any of the provisions of this Chapter.

(4) Where the landowner or the intermediary exercises his right under sub-section (2), he shall be liable to pay to the cultivating tenant one-half of the market value of the timber trees so cut and removed. (5) The right conferred by sub-section (2) shall not be exercisable unless reasonable notice thereof in writing is given to the party to be affected by the exercise of the said right. (6) If any dispute arises as to the rights of the landowner, intermediary and cultivating tenant over timber trees, the Land Tribunal shall, on the application of the landowner, intermediary or cultivating tenant, by order, decide the question after hearing all the persons interested.

Notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgment, decree or order of court,- (i) an odacharthudar; or (ii) a person claiming under an odacharthudar, who was actually cultivating on the 11th day of April, 1957 and was 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.

(1) Notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgagee with possession of immovable property situate in Cochin shall be deemed to be a tenant, if- (a) the property comprised in the mortgage consists of agricultural land other than land planted with rubber, coffee, tea or cashew; and (b) the interest on the mortgage amount is less than forty per cent of the total rent fixed in the mortgage document. (2) The mortgage money or any portion thereof may, at the option of the mortgagor, be treated as security for rent. The mortgagor shall return the mortgage money or the portion thereof which he does not elect to treat as security for rent to the tenant within six months from the commencement of this Act.

(1) Notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgagee with possession of immovable property situate in Cochin shall be deemed to be a tenant, if- (a) the property comprised in the mortgage consists of agricultural land; (b) he was by himself or through any member of his family or tarwad holding the property comprised in the mortgage as a verumpattamdar on or after the first day of Chingam, 1111; and (c) the verumpattam was terminated after the first day of Chingam, 1111 and before the commencement of this Act, but he continued in possession of the property, without interruption, by himself or through any member of his family or tarwad, as a mortgagee with possession from the date of such termination till the commencement of this Act. (2) The mortgage money or any portion thereof may, at the option of the mortgagor, be treated as security for rent. The mortgagor shall return the mortgage money or the portion thereof which he does not elect to treat as security for rent to the tenant within six months from the commencement of this Act.

Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person who, on the 11th day of April, 1957, was continuously in occupation of the land of another situate in Malabar, for not less than two years, honestly believing himself to be a tenant and continued to be in occupation of such land at the commencement of this Act, shall be deemed to be a tenant.

Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person who, by virtue of the provisions of section 6 of the Kerala Stay of Eviction Proceedings Act, 1957, was entitled to cultivate any nilam after the 11th day of April, 1957, and was cultivating the nilam at the commencement of this Act, shall be deemed to be a tenant, notwithstanding the expiry of the term fixed under the varam arrangement.

Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where, on or after the 11th day of April, 1957, a tenant holding land less in extent than the ceiling area, had executed a deed surrendering his leasehold right to the landlord, but had not actually transferred possession of the land to the landlord before the commencement of this Act, such deed shall be deemed to be invalid and such person shall be deemed to be a tenant.

Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, the following classes of persons shall be deemed to be tenants :- (i) a punam or kumri cultivator; (ii) a licensee in Kuttanad area; (iii) a varamdar; (iv) a vechupakuthidar; and (v) a person holding land situate in any part of the taluk of Hosdrug or Kasaragod to which the Malabar Tenancy Act, 1929, did not extend, under a transaction described in the document evidencing it as bhogya, otti, nattotti, arwar, illidarwar or krithasartha illidarwar, but not being a usufructuary mortgage as defined in the Transfer of property Act, 1882.

Where, in a document, a person is described as a sambalapattamdar, sambalachittudar or coolipattamdar in respect of any nilam situate in the Palghat district, he shall be presumed to be a tenant for all purposes of this Act: Provided that such presumption shall stand rebutted if it is proved that the sambalapattamdar, sambalachittudar or coolipattamdar has not undertaken any risk of cultivation.

(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 may prove that a transaction purporting to be a mortgage, otti, karipanayam, panayam or nerpanayam of that land is in substance 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 13 and to the other rights of a tenant under this Act. (2) Where under sub-section (1) the court or the Land Tribunal holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 13, it shall be lawful for the court or the Land Tribunal to pass a decree or order 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 instrument executed by the parties. (3) Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, a person described as an agent or servant in a document evidencing the contract for the cultivation of any nilam, may prove that he is a licensee.

(1) Notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, 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 sections 14 to 22. (2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord- (i) who is a member of the Armed Forces or is a seaman, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a seaman, or while he was serving as such member or seaman ; or (ii) who is the legal representative of the landlord referred to in clause (i): Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and, where he is in possession of an extent of land less than the ceiling area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area: Provided further that such tenant shall be deemed to have fixity of tenure in respect of his holding if- (a) the landlord referred to in clause (i) has not claimed resumption of the land comprised in the holding within one year from the date on which he ceased to be a member of the Armed Forces or a seaman, or within one year from the commencement of this Act, or within one year from the expiry of the period of tenancy, whichever period expires last ; (b) the landlord referred to in clause (ii) has not claimed resumption of the land comprised in the holding within one year from the date on which he received intimation of the death of the member of the Armed Forces or seaman, or within one year from the commencement of this Act, or within one year from the expiry of the period of tenancy, whichever period expires last: Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force.

A trustee or owner of a place of public religious worship may resume from a tenant the whole or any portion of his 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 so needed.

A landlord (other than a sthani or the trustee or owner of a place of public religious worship) who is not in possession of any land or is in possession of land less than five standard acres and who needs the holding for the purpose of constructing a building bona fide for his own residence or for that of any member of his family may resume from his tenant- (i) an extent of land not exceeding 20 cents, where resumption is sought on behalf of one person ; and (ii) an extent of land not exceeding 50 cents, where resumption is sought on behalf of two or more persons: Provided that, by such resumption, the total extent of land in the possession of the landlord shall not be raised above 5 standard acres and the total extent of land in the possession of the tenant shall not be reduced below twenty cents: Provided further that no landlord shall be entitled to resume under this section any land in the possession of a tenant belonging to the Scheduled Castes or Scheduled Tribes. Explanation.-For the purposes of this section and section 16, "member of his family" shall mean,- (i) in the case of a landlord who has granted a lease on behalf of a joint family, member of such family; and (ii) in any other case, wife or husband, as the case may be, or a lineal descendant of the landlord.

A landlord (other than a sthani or the trustee or owner of a place of public religious worship) who requires the holding bona fide for cultivation by himself, or any member of his family, may resume from his tenant, who is in possession of land exceeding the ceiling area, the whole or a portion of the holding, subject to the condition that, by such resumption, the total extent of land in the possession of the landlord is not raised above the ceiling area and the total extent of land in the possession of the cultivating tenant is not reduced below the ceiling area. Explanation.-In this section, references to the ceiling area in relation to the landlord or the tenant shall, where such landlord or tenant is a member of a family, be construed as references to the ceiling area in relation to that family.

Without prejudice to the right of resumption under section 16, a small holder (other than a sthani or the trustee or owner of a place of public religious worship) may resume from his tenant a portion of the holding not exceeding one-half: Provided that, by such resumption, the total extent of land in the possession of the small holder shall not be raised above four standard acres or four acres in extent, whichever is greater: Provided further that, except as provided in sub-sections (2) and (3) of section 53, no land shall be resumed under this section from a tenant who was entitled to fixity of tenure in respect of his holding immediately before the 21st January, 1961, under any law then in force.

Resumption of land under sections 14, 15, 16 and 17 shall also be subject to the following conditions and restrictions, namely:-(1) In respect of tenancies subsisting at the commencement of this Act, no application for resumption shall be made after a period of one year from such commencement: Provided that where the landlord is (i) a minor, (ii) a person of unsound mind, (iii) a member of the Armed Forces or a seaman and the tenant is entitled to fixity of tenure, or (iv) a legal representative of such member or seaman, the application for resumption may be made,-(a) by the minor, within one year from the date on which he attains majority; (b) by the person of unsound mind, within one year from the date on which he ceases to be of unsound mind; (c) by the member of the Armed Forces or seaman, within one year after he ceases to be such member or seaman; (d) by the legal representative, within one year after the member of the Armed Forces or seaman ceases to be such member or seaman, or within one year from the date on which intimation of his death is received, whichever period expires later; (2) the right of resumption in respect of a holding shall be exercised only once, and the order of the Land Tribunal allowing resumption shall be given effect to only at the end of an agricultural year; (3) no kudiyiruppu shall be resumed,

A landlord may resume from a tenant any holding or part of a holding comprising agricultural lands of the description specified in sub-clause (c) of clause (44) of section 2,-(a) if such holding or part thereof is necessary for the purposes of the plantation; or (b) if the tenant wilfully commits any act of material waste in the plantation: Provided that the order of the Land Tribunal allowing resumption shall be given effect to only after the expiry of the period, if any, fixed under the contract of tenancy and only at the end of an agricultural year.

(1) A tenant from whom land is resumed under the provisions of this Act shall be entitled to-(i) compensation for the improvements belonging to him; and (ii) a solatium of an amount equal to one year's rent. (2) The compensation payable under clause (i) of sub-section (1) shall be determined in accordance with the provisions of the Kerala Compensation for Tenants Improvements Act, 1958.

Where in respect of any holding there are more landlords than one, the landlords mentioned below and in their order of priority shall be entitled to resumption:-(a) small-holder; (b) any person, other than a small-holder, entitled to fixity of tenure in respect of the holding immediately before the 21st January, 1961, under any law then in force; (c) kanamdar not falling under item (a) or item (b); (d) landowner, not being a small holder: Provided that where there are more landlords than one falling under the same category, the landlord nearer the cultivating tenant shall have preferential right over the landlord more remote.

(1) A landlord desiring to resume any land shall apply to the Land Tribunal within whose jurisdiction the land is situate for an order of resumption. The application shall be in such form and shall contain such particulars as may be prescribed. (2) The Land Tribunal shall duly enquire into the application and pass appropriate orders thereon. Where the order allows resumption, it shall specify the extent and location of the land allowed to be resumed, the rent payable in respect of the portion, if any, that would be left after resumption and such other particulars as may be prescribed and directing the landlord to make, within such time and in such manner as may be prescribed, payments to extinguish the rights of the cultivating tenant and the intermediaries, if any, who would be affected by such resumption. (3) The Land Tribunal may, for sufficient reasons, extend the time prescribed under sub-section (2) for making payments by the landlord. (4) In deciding the location of the portion of the holding allowed to be resumed, the Land Tribunal shall have regard to the nature, fertility and other conditions of the portion of the land which may be allowed to be resumed and the portion left with the cultivating tenant. (5) Where the application is for resumption under section 16 from a tenant who is in possession of land exceeding the ceiling area and there are other landlords under whom the tenant holds, the Land Tribunal shall give notice of the application to all other landlords so far as known to it, specifying a date within which they may apply for resumption of any land from such tenant. The Land Tribunal shall consider all applications from landlords for resumption from such tenant received within the specified time together, and, where the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the landlords, the Land Tribunal shall allow resumption by all the landlords equitably having regard to all circumstances. (6) Where any land is resumed after making the payments as directed by the Land Tribunal, all the rights of the cultivating tenant and intermediaries, if any, holding between the landlord resuming the land and the cultivating tenant in respect of the land, shall stand extinguished. (7) An order for resumption may be executed through the court as if the order were a decree passed by it. (8) Where a landlord fails to deposit the amounts in accordance with the directions of the Land Tribunal, the order of resumption shall be treated as cancelled and the landlord shall have no further right for resumption. (3) The Land Tribunal may, for sufficient reasons, extend the time prescnbed under sub-section(2)for making payments by the landlord. (4) In deciding the location of the portion of the holding allowed to be resumed, the Land Tribunal shall have regard to the nature, fertility and other conditions of the portion of the land which may be allowed to be resumed and the portion left with the cultivating tenant. (5) Where the application is for resumption under section 16 from a tenant who is in possession of land exceeding the ceiling area and there are other landlords under whom the tenant holds, the Land Tribunal shall give notice of the application to all other landlords so far as known to it, specifying a date within which they may apply for resumption of any land from such tenant. The Land Tribunal shall consider all applications from landlords for resumption from such tenant received within the specified time together, and, where the extent of land in the possession of the tenant in exce's of the ce1ling area is less than the aggregate of the extent of land applied to be resumed by the landlords, the Land Tribunal shall allow resumption by all the landlords equitably having regard to all circumstances. (6) Where any land is resumed after making the payments as directed by the Land Tribunal, all the rights of the cultivating tenant and intermediaries, if any, holding between the landlord resuming the land and the cultivating tenant in respect of the land, shall stand extingmshed. (7) An order for resumption may be executed through the court as if the order were a decree passed by it. (8) Where a landlord fails to deposit the amounts in accordance with the directions of the Land Tribunal, the order of resumption shall be treated as cancelled and the landlord shall have no further right for resumption.

(1) In any case in which any land has been resumed on the ground specified in section 11 or section 15 or section 16 or clause (a) of section 19, if, within three years of such resumption, the person who resumed the land fails without reasonable excuse to use the land for the purpose for which it was resumed, the cultivating tenant shall, subject to the provisions of section 24, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land or a portion of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant: Provided that a cultivating tenant shall not be entitled to restoration under this sub-section if he is in possession of land equal to or exceeding the ceiling area, nor shall a cultivating tenant be entitled to restoration of an extent of land which together with the extent of land in his possession will exceed the ceiling area. (2) The provisions of section 22 shall, mutatis mutandis, be applicable to the form and procedure in regard to the application for restoration and the manner of execution of the orders of restoration.

Any application for restoration under section 23 shall be made within one year from the expiry of three years after the resumption.

(1) Where restoration of any land resumed is ordered under section 23, the cultivating tenant shall hold the land directly under the landlord from whom restoration has been ordered, and the rights of the intermediaries extinguished under sub-section (6) of section 22 shall not revive. (2) Before such restoration, the cultivating tenant shall pay to the person who resumed the land— (i) the amounts paid by such person to the cultivating tenant and to the intermediary, if any, towards the value of the improvements effected by them and existing at the time of restoration; (ii) the value of the improvements, if any, effected bona fide by such person between the date of resumption and the date of the application; and (iii) any amount other than solatium received by the cultivating tenant from such person on account of the resumption. (3) The rent payable by the cultivating tenant after the restoration of the holding shall be the fair rent.

(1) The Land Tribunal shall be competent to dispose of applications for recovery of arrears of rent, where the amount of such arrears does not exceed five hundred rupees. (2) Any landlord may apply to the Land Tribunal for recovery of arrears of rent in such form as may be prescribed. (3) In disposing of the application, the Land Tribunal shall follow the procedure prescribed for the trial of small cause suits. (4) The order of the Land Tribunal under this section may be executed through the court as if it were a decree passed by it.

(1) The fair rent in respect of a holding shall be the rent payable by the cultivating tenant to his landlord and it shall be the rent calculated at the rates specified in Schedule III applicable to the class of lands comprised in the holding or the contract rent, whichever is less. Explanation.—Where the fair rent in respect of a holding has been determined under any law in force immediately before the 21st January, 1961, the fair rent so determined shall be deemed to be the contract rent for the purposes of this sub-section. (2) Notwithstanding anything contained in sub-section (1), the fair rent in respect of a holding, where the cultivating tenant or an intermediary is holding under a small-holder, shall, at the option of the small-holder, be— (a) the rent calculated at the rates specified in Schedule III applicable to the class of lands comprised in the holding; or (b) where the fair rent in respect of the holding has been determined under any law in force immediately before the 21st January, 1961, such fair rent, or, where fair rent has not been so determined, 75 per cent of the contract rent : Provided that the fair rent payable by a cultivating kanamdar or a cultivating customary verumpattamdar shall not exceed the michavaram payable by such kanamdar or the rent payable by such customary verumpattamdar, as the case may be.

Notwithstanding anything contained in section 27, where any land included in a holding is set apart for communal purposes, and is used for such purposes, the extent of the land so set apart shall not be taken into account when determining the fair rent of the holding in accordance with that section.

(1) Any cultivating tenant may, at any time within one year from the commencement of this Act, apply to the Land Tribunal for the preparation of a record of rights in respect of his holding. The Land Tribunal shall admit such application if it is prima facie satisfied that the application has been made bona fide. (2) Notwithstanding anything contained in sub-section (1), the Government may suo motu direct the Land Tribunal for the preparation of a record of rights in respect of any holding. (3) Where an application for the preparation of a record of rights is admitted or when directed by the Government to prepare such record, the Land Tribunal shall direct the Revenue Divisional Officer having jurisdiction over the area in which the holding is situate to prepare a record of rights in respect of the holding. (4) The record of rights shall be prepared in such manner as may be prescribed, after giving an opportunity to the landlord and all other interested persons to be heard. The record of rights shall contain— (a) the description and extent of the holding; (b) the name and address of the owner; (c) the nature of the applicant's interest in the holding; (d) the names and addresses of the intermediaries in respect of the holding and the nature of the interest of each of such intermediaries; and (e) such other particulars as may be prescribed. (5) The Revenue Divisional Officer shall, for the purposes of proceedings under this section, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses or for local investigation. (6) The record of rights prepared under this section shall be admissible in evidence before any court or tribunal. (7) Where an application for the preparation of a record of rights in respect of a holding is admitted, no application under section 31 for determination of fair rent in respect of that holding shall be disposed of till the record of rights is prepared under this section.

Where in respect of a holding there is an intermediary at the commencement of this Act and as a result of the determination of the fair rent there has been a reduction or increase in the rent payable by the cultivating tenant, the rent payable by the intermediary to his landlord shall be reduced or increased in the same proportion as the rent to which he was entitled was reduced or increased.

(1) The cultivating tenant or any landlord may apply, in such form as may be prescribed, to the Land Tribunal for determining the fair rent in respect of a holding. (2) On receipt of an application under sub-section (1), the Land Tribunal shall issue notices to all persons interested and after enquiry, determine by an order— (i) the fair rent in respect of the holding; (ii) if there is an intermediary or intermediaries, the rent payable by such intermediary or intermediaries to his landlord or to their respective landlords; (iii) the instalments, if any, in which the rent shall be payable; and (iv) the date or dates on which the said rent or instalment shall be payable. (3) In determining the fair rent under sub-section (2), the Land Tribunal may take into account the statistics published under section 44.

During the pendency of an application for determination of fair rent before a Land Tribunal, no court shall entertain any suit for eviction of the applicant from the holding to which the application relates, or pass any order of injunction prohibiting him from entering the holding or pass any order staying the proceedings before the Land Tribunal.

Notwithstanding anything contained in the foregoing sections, it shall be competent for the landlord and the tenant to agree as to what shall be the fair rent payable in respect of the holding and, where such an agreement signed by the landlord and the tenant is filed with the Land Tribunal, the Land Tribunal shall pass orders determining such agreed rent as the fair rent in respect of the holding: Provided that the agreed rent shall not exceed the fair rent under section 27, in respect of the holding: Provided further that where there are intermediaries or other persons having an interest in the holding, the landowner, the cultivating tenant and all the intermediaries and other persons interested shall be parties to such an agreement: Provided also that this section shall not apply to a case where the landlord is a religious, charitable or educational institution of a public nature.

The order determining the fair rent under section 31 or section 33 and the rent payable by an intermediary shall take effect from the beginning of the agricultural year in which the tenant or the landlord filed the application for such determination or the agreement under section 33, and any amount paid by the tenant in excess of the rent so determined to the landlord till the date of determination shall be adjusted towards the payment of future rent or the purchase price payable under section 55, and, where the amount of rent paid to the landlord is less than the rent so determined, the balance payable by the tenant shall be paid along with the rent payable immediately after the determination of the rent.

Where in a case the rent payable in respect of a holding has not been determined by the Land Tribunal, either under section 31 or section 33, 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. Explanation.—For the purposes of this section, "the rent that was payable immediately before the commencement of this Act", in the case of a varamdar, shall mean the average of the share of the landlord in the produce for the three years immediately preceding such commencement, or, where the varamdar was not cultivating the land continuously for the said period of three years, the share of the landlord for the year in which the varamdar cultivated the land last, immediately before such commencement.

(1) Where the rent is payable in kind, it shall be paid either in kind or in money at the option of the tenant. (2) Where the rent payable is the rent determined under section 31 calculated at the rates specified in Schedule III or the agreed rent determined under section 33 and such rent is payable in kind, the money value of such rent shall be computed with reference to the rates published in the Gazette under section 43 for the date on which the rent is payable and, if no rate is published for that date, at the rate for the nearest previous date for which the 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 became due. (3) The tenant shall be entitled to send by money order the rent payable by him to his landlord.

(1) As between the tenant and the landlord, the former shall be liable for any cess or special charges leviable by the Government for special or additional crops raised, where such special or additional crops have not been taken into account in fixing the fair rent. (2) A tenant making any payment to the Government or any local authority towards land revenue or any tax in respect of the land comprised in the holding and payable by the landlord, shall be entitled to deduct the same from the rent payable by him to the landlord: Provided that no such deduction shall be made if the rent payable by the tenant to the landlord is equal to or less than the land revenue or other tax so payable.

(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 or any other officer authorised by the Government, by notification in the Gazette, in this behalf, shall, on an application to him by the tenant, determine after such enquiry as may be prescribed the extent of damage to, or failure of, crops under sub-section (1) and order such remission of rent as appears to him just and proper. The decision of the Collector or such other officer shall be final and the tenant shall be entitled to get the benefit of the remission so ordered. (3) If, in any proceeding under sub-section (2), any question arises as to whether a person is or is not a tenant, it shall be competent for the District Collector or the officer authorised by the Government under sub-section (2) to decide the question, subject to the orders of any competent civil court. (4) Where, in respect of a holding, there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the remission granted under sub-section (2), the rent payable by the intermediary to his landlord shall be reduced in the same proportion. Explanation.—For the purposes of this section, the term "crops" shall include cereal as well as cash crops.

(1) The fair rent determined under this Act shall not be liable to alteration or revision except on the application made by the cultivating tenant to the Land Tribunal on the grounds specified in sub-sections (2) and (3). (2) Where 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, the tenant shall 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. (3) 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 or flood or any other act of God, the rent payable shall be proportionately reduced. (4) Where in respect of a holding, there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the abatement in the rent granted under sub-section (2) or reduction of rent granted under sub-section (3), the rent payable by the intermediary to his landlord shall be reduced in the same proportion.

Notwithstanding any contract to the contrary, express or implied, no tenant shall be liable to pay to his landlord any customary dues or renewal fees or anything more or anything else than the rent payable under this Act.

Arrears of rent shall bear interest at the rate of six per cent per annum or at the contract rate, whichever is less.

Arrears of rent due to the landlord, together with interest thereon, shall be a charge on the interest of the tenant, from whom they are due, in the holding and shall, subject to the priority of the rights of the Government and any local authority for arrears of land revenue, tax, cess or other dues, be a first charge on such interest of the tenant.

The District Collector shall cause to be published every quarter, in such manner as may be prescribed, prices prevailing in each taluk of paddy, coconut, arecanut, pepper, groundnut, tapioca, cashewnut and any other crop notified by the Government in this behalf: Provided that, before publishing such prices, the District Collector shall cause notice to be given to the public, in such manner as he thinks fit, of the prices proposed to be published and consider objections, if any, received within two weeks from the date of the notice.

The Government shall cause to be published statistics of gross produce of different crops for different classes of land for different areas.

(1) Every tenant paying any rent shall be entitled to receive and the landlord shall be bound to grant a receipt containing such particulars as may be prescribed. (2) If any landlord fails to grant a receipt as provided under sub-section (1), the tenant shall be entitled to send by money order, after deducting the charges for doing so,— (i) the money, if the rent is payable in money; and (ii) the money value of the rent, if it is payable in kind. (3) Notice of any deposit made under sub-section (1) shall be given to the landlord by the court, and the cost of the notice shall be paid by the tenant so depositing the rent, and the landlord shall be at liberty to withdraw such amount under the orders of the court. (4) Where the rent is payable in kind, the amount to be paid or deposited under sub-section (1) shall be computed at the market rate of the commodity prevailing on the date on which the rent became payable under the contract of tenancy or under any law or under any custom or usage. (5) Where any amount deposited under sub-section (1) is found to be less than the amount to be deposited under that sub-section computed in the manner specified in sub-section (4) due to bona fide error in the computation, the court may allow the person who has deposited the amount, reasonable time for depositing the balance amount, and, where the balance amount is deposited within the time so allowed, the person who has so deposited shall be deemed to have deposited the amount within the time allowed under sub-section (1). (6) Where a tenant fails to make the payment or deposit as required under item (i), item (ii) or item (iii) of sub-section (1) within the period specified therefor, the tenant shall forfeit the benefits conferred by that sub-section in so far as it relates to the arrears of rent specified in that item, and he shall be liable to pay the entire arrears lawfully recoverable for the period to which such arrears relate. (7) Notwithstanding anything contained in this section, a tenant who has paid the amount as provided in section 34 of the Kerala Agrarian Relations Act, 1960, or in section 5 of the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962, for the discharge of arrears of rent outstanding on the 11th April, 1957, or the arrears of rent accrued due after the 11th April, 1957 and outstanding on the 15th February, 1961, on or before the date specified in those Acts for the payment of the amount, shall not be liable to pay any amount towards arrears of rent for that period. (8) The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the rights of the tenant under this section for the discharge of arrears of rent.

(1) 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 or application made for recovery of the said dues, the tenant may apply to the Land Tribunal in the prescribed manner for permission to pay the same through the Land Tribunal. (2) Along with the application under sub-section (1) the tenant shall deposit with the Land Tribunal the said dues together with interest, if any, accrued thereon.

(1) When an application and deposit have been made under section 46, the Land Tribunal shall cause written notice thereof to be given at the cost of the applicant to every person who, in the opinion of the Land Tribunal, is entitled to be heard thereon and, after hearing such of them as appear, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any interest, costs and such other matters as the Land Tribunal may deem fit. (2) Nothing in sub-section (1) shall affect 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 under section 46 shall be deemed a full acquittance to the tenant in respect of the amount covered by it.

(1) Where, by act of parties or by operation of law, the interest of the landlord or of the tenant in the land demised has been severed, the landlord or the tenant may apply to the Land Tribunal for the apportionment of the rent and the security for rent, if any. (2) The application shall be in such form as may be prescribed. (3) The Land Tribunal shall, after giving an opportunity to all persons interested to be heard, pass an order on such application apportioning the rent and the security for rent, if any, 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 the application as it may deem fit. (4) If, within the time fixed by the Land Tribunal, such deed is not executed, the Land Tribunal shall, on the application of the person in whose favour such deed is to be executed and on the deposit by such person of such amount as the Land Tribunal may direct, execute the deed on behalf of the person in default; and the Land Tribunal shall, by order, direct that the cost of the execution of the deed may be realised by the applicant from the person in default. (5) The order of the Land Tribunal under sub-section (3) or sub-section (4) regarding costs may be executed through the court as if it were a decree passed by it.

(1) Any person deriving an interest in the holding or part of the 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 sixty days from the date of such acquisition, give registered notice of his interest in the holding or part of the holding to the landlord and the intermediaries, if any. The said notice shall contain particulars of the property, its 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 or part of the holding prior to the date of such default and who have notified the existence of their interest under sub-section (1). The persons 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 only in a part of the holding, shall be bound to pay only so much of the rent or arrears of the same, as will on apportionment fall on such portion of the holding. (3) Where there has been no agreement among the persons interested as to the apportionment referred to in the proviso to sub-section (2), the person who has acquired interest in the part of the holding may, within sixty days from the date of service of the notice of default, apply to the Land Tribunal for the apportionment, and the Land Tribunal shall, by order, make the apportionment. (4) The order of the Land Tribunal under sub-section (3) may be executed through the court as if it were a decree passed by it.

Subject to the provisions of this Act, all rights which a tenant has in his holding shall be heritable and alienable.

Notwithstanding anything contained in this Act, a tenant may terminate the tenancy in respect of any land held by him at any time by surrender of his interest therein in favour of the landlord: Provided that such surrender shall not be effective unless it is made in writing and is admitted by the tenant before the Land Tribunal and is made in good faith and is registered in the office of the Land Tribunal in the prescribed manner: Provided further that the extent of land, the interest over which a cultivating tenant may surrender to his landlord, shall not exceed the extent, if any, which the landlord would have been entitled to resume from the tenant under section 14, section 15, section 16 or section 17. (3) The Government may, if they are satisfied that it is necessary to do so in public interest on account of any special use to which any land is put, or on account of any land being bona fide required for the purpose of conversion into plantation or for the expansion or preservation of an existing plantation, or for starting dairy farms or cattle breeding farms, by notification in the Gazette, exempt such land from the provisions of this Chapter, subject to such restrictions and conditions as they may deem fit to impose.

(1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or his predecessor-in-interest or spontaneously sprouting and growing in the holding after the commencement of the tenancy in favour of the cultivating tenant or his predecessor-in-interest, 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 case may be, one-half of the market value of the timber trees so cut and removed. (4) Where the landowner or the intermediary exercises his right under sub-section (2), he shall be liable to pay to the cultivating tenant one-half of the market value of the timber trees so cut and removed. (5) The right conferred by sub-section (2) shall not be exercisable unless reasonable notice thereof in writing is given to the party to be affected by the exercise of the said right. (6) If any dispute arises as to the rights of the landowner, intermediary and cultivating tenant over timber trees, the Land Tribunal shall, on the application of the landowner, intermediary or cultivating tenant, by order, decide the question after hearing all the persons interested.

(1) Subject to the provisions of sub-section (2), a cultivating tenant (including the tenant of a kudiyiruppu), entitled to fixity of tenure under section 13, shall be entitled to purchase the right, title and interest of the landowner and the intermediaries, if any, in respect of the land comprised in his holding: Provided that-(i) if the landlord is entitled to resume any portion of the holding under this Act and he applies for such resumption, the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries only in respect of the remaining portion of the holding; (ii) no cultivating tenant shall be entitled to purchase the right, title and interest in respect of any land under this section if he, or if he is a member of a family, such family, owns an extent of land not less than the ceiling area; (iii) where the cultivating tenant or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceiling area, he shall be entitled to purchase the right, title and interest in respect of only such extent of land as will, together with the land, if any, owned by him or his family, as the case may be, be equal to the ceiling area. Explanation.-In calculating the extent of land owned by the cultivating tenant or, where he is a member of a family, by such family, for the purposes of clause (ii) or clause (iii) of the proviso to this sub-section, the portion of the land owned by such cultivating tenant or by the family, which is liable to be purchased by the cultivating tenants holding under such tenant or family, shall not be taken into account. (2) Notwithstanding anything contained in sub-section (1), where the landowner or an intermediary is a small holder and the cultivating tenant was entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force, the cultivating tenant shall not be entitled to purchase the right, title and interest of the landowner and the intermediaries, unless the cultivating tenant agrees in writing that the small holder may exercise the right of resumption in respect of the holding under section 17. (3) Where a cultivating tenant agrees under sub-section (2) that the small holder may exercise the right of resumption,-(i) the small holder shall, notwithstanding anything contained in the second proviso to section 17 and notwithstanding the expiry of the period fixed under clause (i) of section 18 for making application for resumption, be entitled to exercise the right of resumption under that sub-section to the same extent and in the same manner as if the cultivating tenant was not entitled to fixity of tenure immediately before the 21st January, 1961; and (ii) the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries in respect of the remaining part of the holding left after resumption.

(1) A cultivating tenant, entitled to purchase the right, title and interest of the landowner and the intermediaries under section 53, may apply to the Land Tribunal for the purchase of such right, title and interest. (2) The application for the purchase under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. The application from a cultivating tenant referred to in sub-section (2) of section 53 shall be accompanied by a statement agreeing to the exercise of the right of resumption by the small holder. (3) Where a cultivating tenant is entitled to purchase the right, title and interest in respect of only a portion of the land held by him, he may indicate in the application, his choice of the portion, the right, title and interest over which he desires to purchase.

The price payable by the cultivating tenant for the purchase of the right, title and interest of the landowner and the intermediaries, if any, shall be the aggregate of-(i) sixteen times the fair rent in respect of the holding or part thereof to which the purchase relates; (ii) the value of structures, wells and embankments of a permanent nature belonging to the landowner or the intermediaries, if any; and (iii) one-half of the value of timber trees belonging to the landowner or the intermediaries, if any. Explanation.-For the purposes of this section, where the rent is payable in kind, the money value of the rent shall be computed at the average of the prices of the commodity for the six years immediately preceding the year of determination of the purchase price, and, in calculating the average of the prices, the prices, if any, published under section 43 may also be taken into account.

(1) Where the right, title and interest of the landowner and the intermediaries in respect of a holding have been purchased by the cultivating tenant, the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries, as the case may be, in accordance with the provisions of sub-sections (2) and (3). (2) Where there is no intermediary, the landowner shall be entitled to the entire purchase price paid by the cultivating tenant. (3) Where there is an intermediary or there are intermediaries,-(i) the amount of 16 times the fair rent paid by the cultivating tenant shall be apportioned among the landowner and the intermediary or intermediaries in proportion to the profits derived by them from the holding; and (ii) the value of structures, wells and embankments of a permanent nature and half the value of the timber trees paid by the cultivating tenant shall be payable to the landowner or the intermediary to whom such structures, wells, embankments and timber trees belong. Explanation.-"Profits derived from the holding" shall, for the purposes of this sub-section, mean, in the case of the landowner, the rent to which he is entitled and, in the case of an intermediary, the difference between the rent due to him from his tenant and the rent for which the intermediary is liable to his landlord.

(1) As soon as may be after the receipt of the application under section 54, the Land Tribunal shall give notice to the landowner, the intermediaries and all other persons interested in the holding, to prefer claims or objections with regard to the application. The Land Tribunal shall also by notice inform the landowner or the intermediary, if such landowner or intermediary is entitled to resumption and has not already applied for such resumption, that he may apply for resumption. (2) The Land Tribunal shall, after considering the claims and objections received and hearing any person appearing in pursuance of the notice issued under sub-section (1) and after making due enquiries, pass orders-(i) on the application, if any, whether pending before it or filed in pursuance of the notice under sub-section (1) from the landowner or intermediary for resumption, in accordance with the provisions of section 22; and (ii) on the application for purchase under section 54. (3) Where the cultivating tenant is entitled to purchase only a portion of the land left after resumption, the Land Tribunal shall, as far as possible, allow the purchase of the portion indicated in the application under sub-section (3) of section 54. (4) An order under clause (ii) of sub-section (2) allowing the application shall specify-(i) the purchase price payable by the cultivating tenant; (ii) the amount due to the landowner and each of the intermediaries, if any, on the apportionment of the purchase price paid by the cultivating tenant; (iii) the value of encumbrances subsisting or claims for maintenance or alimony charged on the right, title and interest of the landowner and the intermediaries, if any; (iv) the amounts payable to the holder of the encumbrance or the person entitled to the maintenance or alimony; and (v) the amount payable to the landowner and each of the intermediaries after deducting the value of the encumbrance or the claims for maintenance or alimony. (5) If the landowner or intermediary is liable to pay any amount to the cultivating tenant under this Act, the Land Tribunal shall, in passing orders on the application for purchase, set off such amount against the purchase price payable to the landowner or the intermediary. (6) The Land Tribunal shall, as soon as may be, forward a copy of the orders under sub-section (2) to the Land Board.

The purchase price determined under section 57 shall be payable in Sixteen equal annual instalments: Provided that where the purchase price is less than Rs. 160, the number of instalments shall be so fixed by the Land Tribunal that the amount payable in each instalment shall not be less than Rs. 10: Provided further that it shall be open to the cultivating tenant to pay the entire purchase price in a lump, in which case the amount payable shall be only seventy-five per cent of the purchase price.

(1) Where an application under section 54 has been allowed and the purchase price determined under section 57 by the Land Tribunal, the cultivating tenant shall deposit with the Land Tribunal to the credit of the Land Board,— (i) where the purchase price is proposed to be paid in a lump, the entire amount due within one year; or (ii) where the purchase price is proposed to be paid in instalments, the first instalment thereof within three months, from the date on which the period prescribed for preferring appeal from the orders of the Land Tribunal has expired or, where there was an appeal, from the date on which the appeal was disposed of. (2) On the deposit of the purchase price in a lump or of the first instalment of such price, the Land Board shall issue a certificate of purchase to the cultivating tenant and thereupon the right, title and interest of the landowner and the intermediaries, if any, shall vest in the cultivating tenant free from all encumbrances with effect from the date of such deposit. The certificate of purchase shall be conclusive proof of the purchase by the tenant of the right, title and interest of the landowner and the intermediary, if any, over the holding or portion thereof. (3) Where a cultivating tenant fails to deposit the purchase price in lump or the first instalment thereof on or before the due date, the order of the Land Tribunal under section 57 shall stand cancelled and the cultivating tenant shall continue as cultivating tenant. (4) Where the purchase price is paid in instalments, the second and subsequent instalments shall be deposited in the Government treasury in the prescribed manner to the credit of the Land Board.

The purchase price payable shall bear interest at the rate of 4 per cent per annum from the date on which the right, title and interest of the landowner and the intermediaries vested in the cultivating tenant. Where the purchase price is paid in instalments, the second and subsequent instalments shall be deposited together with interest on the amount outstanding on the date of deposit. (3) Where a person possesses any land, only so much land as will make the extent of land in his possession five acres shall be assigned to him.

Notwithstanding the filing of an application under section 54, a cultivating tenant shall be liable to pay rent to his landlord until he makes the deposit under sub-section (1) of section 59.

For the purchase price payable by the cultivating tenant, there shall be a first charge on the land to which the purchase relates, subject to the charges for any dues payable to the Government. Where the second or any subsequent instalment is not deposited on the due date, the Land Board may, on application from any person entitled to the instalment of the purchase price in default or any part thereof, pass an order directing the payment of the amount; and the order of the Land Board may be executed through the court as if it were a decree passed by it: Provided that where the right, title and interest of the landowner or intermediary which is a religious, charitable or educational institution of a public nature have vested in the Government under section 66, the instalment of the purchase price in default or any part thereof due to the Government shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.

(1) The purchase price payable to the landowner and the intermediaries shall be distributed by the Land Board according to the provisions of sub-sections (2) to (9). (2) Where the right, title and interest of the landowner or the intermediaries are not subject to any encumbrance or charge for maintenance or alimony, the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries in the manner specified in sub-section (2) or sub-section (3), as the case may be, of section 56. (3) Where the right, title and interest of the landowner or the intermediaries in the holding are subject to any encumbrance or charge for maintenance or alimony, the value of such encumbrance, maintenance or alimony shall be deducted from the purchase price payable to the landowner or the intermediary, as the case may be, and the balance amount shall be paid to the landowner or apportioned among the landowner and the intermediaries in the manner specified in sub-section (2) or sub-section (3), as the case may be, of section 56. If the total amount of such encumbrance, maintenance or alimony is equal to or more than the amount of the purchase price payable to the landowner or the intermediary, the whole amount shall be reserved for payment to the holder of the encumbrance, or the person entitled to the maintenance or alimony and no amount shall be paid to the landowner or the intermediary, as the case may be. (4) Where the right, title and interest of the landowner or the intermediary vested in the cultivating tenant form part of the security for any encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the purpose of discharging the same, apportion the entire encumbrance or the charge for the maintenance or alimony between the portion of the land, the right, title and interest over which vested in the tenant and the portion remaining after such vesting, in proportion to the values of the two portions of the property, and discharge only the liability pertaining to the portion to which the purchase relates. (5) Where any amount has been deducted or reserved for payment to the holders of the encumbrances or the persons entitled to the maintenance or alimony, the same shall be paid in their order of priority to the persons entitled thereto. (6) Where the cultivating tenant pays the purchase price in instalments, the amount of each instalment shall be distributed in the manner specified above. The interest on the purchase price paid by the cultivating tenant shall also be paid to the landowner, intermediary, holder of the encumbrance or the person entitled to the maintenance or alimony, as the case may be. (7) Where a person entitled to the purchase price or the value of the encumbrance, maintenance or alimony dies before it is paid to him, it shall be paid to his legal representatives. (8) Where the person entitled to receive the purchase price or the value of encumbrance is a private trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the purchase price or the value of encumbrance may, notwithstanding anything contained in any law, but subject to any general direction that the Government may give, be deposited for and on behalf of the person with such authority or bank as may be prescribed. (9) Where before any court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the purchase price or the amount of encumbrance or maintenance or alimony payable under this Act the court or authority may require the Land Board to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of the court or authority. (4) Where the right, title and interest of the landowner or the intermediary vested in the cultivating tenant form part of the security for any encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the purpose of discharging the same, apportion the entire encumbrance or the charge for the maintenance or alimony between the portion of the land, the right, title and interest over which vested in the tenant and the portion remaining after such vesting, in proportion to the values of the two portions of the property, and discharge only the liability pertaining to the portion to which the purchase relates. (5) Where any amount has been deducted or reserved for payment to the holders of the encumbrances or the persons entitled to the maintenance or alimony, the same shall be paid in their order of priority to the persons entitled thereto. (6) Where the cultivating tenant pays the purchase price in instalments, the amount of each instalment shall be distributed in the manner specified above. The interest on the purchase price paid by the cultivating tenant shall also be paid to the landowner, intermediary, holder of the encumbrance or the person entitled to the maintenance or alimony, as the case may be. (7) Where a person entitled to the purchase price or the value of the encumbrance, maintenance or alimony dies before it is paid to him, it shall be paid to his legal representatives. (8) Where the person entitled to receive the purchase price or the value of encumbrance is a private trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the purchase price or the value of encumbrance may, notwithstanding anything contained in any law, but subject to any general direction that the Government may give, be deposited for and on behalf of the person with such authority or bank as may be prescribed. (9) Where before any court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the purchase price or the amount of encumbrance or maintenance or alimony payable under this Act the court or authority may require the Land Board to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of the court or authority.

The payment of purchase price or the value of encumbrance maintenance or alimony to the landowner or intermediary or other persons entitled thereto in the manner specified in section 63 shall be a full discharge of the liability for payment of purchase price to the landowner and the intermediaries, and no further claims for payment of purchase price shall lie.

(1) Notwithstanding anything contained in (1) Notwithstanding anything contained in sections 53 to 64, where, in respect of a holding, the landowner or the intermediary is a religious, charitable or educational institution of a public nature, such institution may choose— (i) whether the right, title and interest of the institution in respect of the holding may be permitted to be purchased from the institution by the cultivating tenant on payment of the purchase price; or (ii) whether such right, title and interest should be vested in the Government in consideration of the payment of an annuity in perpetuity by the Government: Provided that the choice of the institution under this sub-section shall be the same in respect of all lands held by tenants under it. (2) The annuity payable to the institution in consideration of the vesting in the Government of its right, title and interest in respect of a holding shall be a sum equal to the annual rent which the institution was entitled to receive immediately before the 21st January, 1961, after deducting 2 1/2 per cent thereof by way of collection charges: Provided that where, in respect of a holding held by a tenant referred to in section 4, section 5, section 6, section 7, section 8, section 9, section 10 or section 11, there was no stipulation for payment of any rent immediately before the 21st January, 1961, the annuity shall be an amount equal to 4 1/2 per cent of sixteen times the fair rent in respect of the holding determined under section 31. Explanation.—Where the rent payable to an institution is in kind, the annuity payable shall be commuted into money at the average of the prices of the commodity for six years immediately preceding the year in which the annuity is determined.

(1) A religious, charitable or educational institution of a public nature may apply to the Government to vest its right, title and interest in respect of all lands held by tenants under it, in the Government and for the payment of the annuity. (2) The application shall be in such form as may be prescribed. (3) On receipt of such application, the Government shall direct the Land Tribunal to determine the annuity payable to the institution. (4) The Land Tribunal shall thereupon determine, after due enquiry, the annuity payable to the institution in respect of all lands held by tenants under it. (5) As soon as may be after the determination of the annuity, the Government shall issue a notification in the Gazette declaring that the right, title and interest of the institution in respect of all lands held by tenants under it shall vest in the Government with effect from a date to be specified in the notification, and all such right, title and interest shall accordingly vest in the Government free from all encumbrances.

The Government shall pay the annuity payable to the institution every year in perpetuity on such date or dates and in such manner as may be prescribed: Provided that where the right, title and interest of the institution are subject to any encumbrance,— (i) the value of the encumbrance shall be paid to the holder of the encumbrance; and (ii) five per cent of the value of the encumbrance shall be deducted from the annuity and the balance, if any, alone shall be paid to the institution: Provided further that where the value of the encumbrance is more than twenty times the annuity,— (i) if there is only one encumbrance, twenty times the annuity shall be paid to the holder of the encumbrance; and (ii) if there are more than one encumbrance, twenty times the value of the encumbrances shall be paid to the holders thereof in their order of priority, and no amount by way of annuity shall be payable to the institution.

The filing of an application by a religious, charitable or educational institution of a public nature under sub-section (1) of section 66 or the vesting of the right, title and interest of the institution in the Government under sub-section (5) of the said section shall not affect the right of the cultivating tenant to purchase such right, title and interest in accordance with the provisions of sections 53 to 64.

Where a religious, charitable or educational institution of a public nature receives under section 57 notice of an application by a cultivating tenant for the purchase of the right, title and interest of the institution, the institution may file a statement with the Land Tribunal specifying its choice that the right, title and interest of the institution in respect of all lands held by tenants under it may be vested in the Government and the institution be paid the annuity to which it is entitled under section 65. On receipt of the statement, the Land Tribunal shall forward a copy of the same to the Government together with the application received from the cultivating tenant for the purchase of the right, title and interest of the landowner and intermediaries. Thereupon, the provisions of sections 65 to 67 shall apply as if the statement were an application under section 66; and orders on the application of the cultivating tenant shall be passed only after the right, title and interest of the institution are vested in the Government.

Where, on receipt of a notice under section 57, the institution does not file a statement of its choice as provided in section 69, the institution shall be deemed to have chosen to permit the cultivating tenant to purchase its right, title and interest and the provisions of sections 53 to 64 shall apply to the purchase of the right, title and interest of the landowner and the intermediaries, the payment of purchase price and the discharge of liabilities.

(1) Where a cultivating tenant does not apply for the purchase of the right, title and interest vested in the Government under section 66, the tenant holding directly under the religious, charitable or educational institution of a public nature shall continue as tenant under the Government. (2) The rent payable by such tenant to the Government shall, on default, be recoverable as an arrear of land revenue under the Revenue Recovery Act for the time being in force.

(1) At any time after the expiry of the period allowed under clause (i) of section 18 for applying for resumption of land, or, where any appeal has been preferred from the orders of the Land Tribunal under section 22, after the disposal of the appeal, the Government may, by notification in the Gazette, declare that the right, title and interest of the landowners and intermediaries in respect of holdings, which have not been purchased by cultivating tenants, shall vest in the cultivating tenants free from all encumbrances; and different notifications may be issued for different areas in the State: Provided that no declaration under this sub-section shall apply to a holding where the landowner or an intermediary is a small holder and the cultivating tenant was entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force. (2) Upon the issue of a notification under sub-section (1), the right, title and interest of the landowners and intermediaries in respect of holdings to which the declaration applies shall vest in the cultivating tenants of such holdings free from all encumbrances, and the provisions of sections 55 to 64 shall, as far as may be, apply in regard to the purchase price payable by the cultivating tenants, the distribution of the purchase price among the landowners and the intermediaries, the payment or recovery of purchase price and the discharge of encumbrances, as if the cultivating tenants had applied for the purchase of the right, title and interest of the landowners and intermediaries: Provided that where in respect of a holding the landowner or intermediary is a religious, charitable or educational institution of a public nature and such institution had, before the issue of such notification, expressed its choice for annuity instead of purchase price, the Government shall pay to such institution the annuity that would have been payable to the institution under section 67 if its right, title and interest had vested in the Government, and the Government shall be entitled to the purchase price that would have been payable to the institution.

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, or in any decree or order of court, all arrears of rent accrued due from a tenant during the period and outstanding on the date specified in column (2) below, shall be deemed to be fully discharged by payment to the landlord, or deposit in court for payment to the landlord, of the amount referred to in the corresponding entry in column (3), together with interest at the rate of six per cent per annum, within the period specified in column (4): [Table: (i) All arrears outstanding on 11-4-1957; Fifty per cent of such arrears, provided that the amount payable shall not be less than an amount equal to one year's rent or the actual amount in arrears, whichever is less, and shall not be more than an amount equal to three years' rent; 3 months from the commencement of this Act. (ii) Arrears of rent accrued due on or after 11-4-1957 and outstanding on 15-2-1961; Seventy-five per cent of such arrears; 3 months from the commencement of this Act. (iii) Arrears of rent accrued due on or after 15-2-1961 and outstanding at the commencement of this Act; Seventy-five per cent of the contract rent or, where fair rent has been fixed under any law in force immediately before 15-2-1961, at the rate of such fair rent; 6 months from the commencement of this Act.] Provided that where an intermediary has collected rent in excess of the amount payable under this sub-section for any period and has not paid the same to his landlord, he shall be liable to pay such excess also to his landlord. Explanation.—For the purposes of this sub-section, arrears of rent due from a varamdar shall be calculated on the basis of the average of the share of the landlord in the produce for the three years immediately preceding the commencement of this Act or, where a varamdar was not cultivating the land continuously for the said period of three years, the share of the landlord for the year in which the varamdar cultivated the land last immediately before the commencement of this Act. (2) Where a tenant has paid or deposited under section 6 of the Kerala Tenants and Kudikidappukars Protection Act, 1963, before the commencement of this Act, any amount towards the arrears of rent referred to in item (i), item (ii) or item (iii) of sub-section (1), such amount shall be deducted from the amount to be paid or deposited under that item, and it shall be sufficient if the tenant pays or deposits the balance, if any, after such deduction, and where the amount so paid or deposited exceeds the amount to be paid or deposited under sub-section (1) for the discharge of the arrears, the excess shall be adjusted towards the rent accrued due thereafter. (3) Notice of any deposit made under sub-section (1) shall be given to the landlord by the court, and the cost of the notice shall be paid by the tenant so depositing the rent, and the landlord shall be at liberty to withdraw such amount under the orders of the court. (4) Where the rent is payable in kind, the amount to be paid or deposited under sub-section (1) shall be computed at the market rate of the commodity prevailing on the date on which the rent became payable under the contract of tenancy or under any law or under any custom or usage. (5) Where any amount deposited under sub-section (1) is found to be less than the amount to be deposited under that sub-section computed in the manner specified in sub-section (4) due to bona fide error in the computation, the court may allow the person who has deposited the amount, reasonable time for depositing the balance amount, and, where the balance amount is deposited within the time so allowed, the person who has so deposited shall be deemed to have deposited the amount within the time allowed under sub-section (1). (6) Where a tenant fails to make the payment or deposit as required under item (i), item (ii) or item (iii) of sub-section (1) within the period specified therefor, the tenant shall forfeit the benefits conferred by that sub-section in so far as it relates to the arrears of rent specified in that item, and he shall be liable to pay the entire arrears lawfully recoverable for the period to which such arrears relate. (7) Notwithstanding anything contained in this section, a tenant who has paid the amount as provided in section 34 of the Kerala Agrarian Relations Act, 1960, or in section 5 of the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962, for the discharge of arrears of rent outstanding on the 11th April, 1957, or the arrears of rent accrued due after the 11th April, 1957 and outstanding on the 15th February, 1961, on or before the date specified in those Acts for the payment of the amount, shall not be liable to pay any amount towards arrears of rent for that period. (8) The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the rights of the tenant under this section for the discharge of arrears of rent.

(1) After the commencement of this Act, no tenancy shall be created in respect of any land: Provided that any landowner who is— (i) a minor; (ii) a widow; (iii) an unmarried woman; (iv) a divorced woman; (v) a person incapable of cultivating land by reason of any physical or mental disability; or (vi) a serving member of the Armed Forces or a seaman, may create a tenancy, but the tenant shall not be entitled to any right conferred on a tenant under this Chapter. (2) Any tenancy created in contravention of the provisions of sub-section (1) shall be invalid.

(1) No Kudikidappukaran shall be liable to be evicted from his kudikidappu except on the following grounds, namely:— (i) that he has alienated his right of kudikidappu to another person; (ii) that he has rented or leased out his kudikidappu to another person; (iii) that he has ceased to reside in the kudikidappu continuously for a period of two years; or (iv) that he has another kudikidappu or has obtained ownership and possession of land which is fit for erecting a homestead. Explanation.—For the purposes of this sub-section, a kudikidappukaran shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the fact that he was not actually residing therein, if any of his near relatives who was residing with him in the kudikidappu for a continuous period of not less than one year continues to reside in the kudikidappu; and in such a case the near relative who continues to reside in the kudikidappu shall be liable for the rent payable by the kudikidappukaran; and 'near relative' shall mean husband or wife, children, grand children, father, mother, brother or sister. (2) Notwithstanding anything contained in sub-section (1), the person in possession of the land on which there is a homestead or hut (hereinafter in this sub-section referred to as the landholder) in the occupation of a kudikidappukaran may, if he bona fide requires the land— (a) for building purposes for himself or any member of his family including major sons and daughters; or (b) for purposes in connection with a town planning scheme approved by the competent authority; or (c) for any industrial purpose, require the kudikidappukaran, to shift to a new site belonging to him, subject to the following conditions, namely:— (i) the landholder shall pay to the kudikidappukaran the price of the homestead, if any, erected by the kudikidappukaran; (ii) the new site shall be fit for erecting a homestead and shall be within a distance of one mile from the existing kudikidappu; (iii) the extent of the new site shall be the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents; (iv) the landholder shall transfer ownership and possession of the new site to the kudikidappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site. Where the above conditions are complied with, the kudikidappukaran shall be bound to shift to the new site. (3) Notwithstanding anything contained in sub-sections (1) and (2), where a person does not hold more than 25 cents of land and there is a hut in the occupation of a kudikidappukaran on such land, he may, if he requires the land occupied by such hut, for constructing a building for his own residence, apply to the Government for the acquisition of land to which the kudikidappu may be shifted. In such application he shall offer to deposit, whenever called for, the cost of acquisition of land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents. An officer authorised by the Government in this behalf may, after collecting the cost of acquisition from the applicant, acquire the necessary land under the Kerala Land Acquisition Act, 1961, give possession of the land to the kudikidappukaran and require him to shift to the said land. The kudikidappukaran shall thereupon be bound to shift to the new site. The kudikidappukaran shall be entitled before he so shifts to receive from the person in possession of the land on which his hut was originally located, the expenses as determined by such officer to be reasonably required to shift to the new site. (4) Where the owner of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconvenience to him, he may require the kudikidappukaran to shift to another part of the land: Provided that the site to which the kudikidappu is required to be shifted is fit for the location of the kudikidappu: Provided further that the owner of the land shall transfer to the kudikidappukaran ownership and possession of land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents and pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu.

(1) 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 or under a decree or order of court, shall be deemed to be fully discharged if he pays one year's rent or the actual amount in arrears, whichever is less. (2) 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 any municipal corporation or any municipality: 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 in excess of that which he was paying before the commencement of this Act.

If the kudikidappukaran does not comply with the requisition made by the person in possession of the land under sub-section (2) of section 75 or by the owner under sub-section (4) of that section to shift to a new site, the person in possession of the land or the owner, as the case may be, may institute a suit against him for the purpose. The court, on being satisfied that such person has complied with all the conditions mentioned in sub-section (2) or sub-section (4) of section 75, may pass a decree for shifting the kudikidappu: Provided that no such suit shall be instituted without giving the kudikidappukaran one month's notice by registered post.

The rights of a kudikidappukaran in his kudikidappu shall be heritable, but not alienable except to a member of his family.

The kudikidappukaran shall have the right to maintain, repair and reconstruct with the same or different materials, but without increasing the plinth area, the hut belonging to the person who permitted occupation by the kudikidappukaran, or the homestead, at his own cost.

(1) The Government shall cause a register of kudikidappukars to be prepared and maintained in each village. (2) The register shall show- (a) the description of the land in which the kudikidappu is situate; (b) the location of the kudikidappu and its extent; (c) the name of the land owner and of the person in possession of the land in which the kudikidappu is situate; (d) the name and address of the kudikidappukaran; and (e) such other particulars as may be prescribed. (3) The register shall be prepared and maintained by such officer and in such manner as may be prescribed. (4) The prescribed officer shall, before the preparation of the register, publish a notice in the village inviting applications from kudikidappukars for registration, to be presented before such date as may be specified in the notice. (5) On receipt of an application within the time specified in the notice or within such further time as may be allowed by him, the prescribed officer shall, after enquiry and after giving an opportunity to the land owner or other person in possession of the land to be heard, register the kudikidappukaran or reject the application.

(1) The provisions of this Chapter shall not apply to- (a) lands owned or held by the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or any other authority which the Government may, in public interest, exempt, by notification in the Gazette, from the provisions of this Chapter. Explanation.-"Lands owned by the Government of Kerala" shall, for the purposes of this clause, have the same meaning as "Government lands" under sub-section (1) of section 2 of the Kerala Government Land Assignment Act, 1960; (b) lands taken under the management of the court of wards : Provided that the exemption under this clause shall cease to apply at the end of three years from the commencement of this Act; (c) lands comprised in mills, factories or workshops and which are necessary for the use of such mills, factories or workshops; (d) private forests; (e) plantations; (f) cashew estates existing at the commencement of this Act and having a contiguous extent of ten acres or more. Explanation.-For the purposes of this clause, "cashew estate" shall mean dry lands principally cultivated with cashewnut trees; (g) pure pepper gardens and pure arecanut gardens existing at the commencement of this Act and having a contiguous extent of five acres or more. Explanation I.-For the purposes of this clause, "pure pepper garden" shall mean a garden planted with not less than 300 pepper vines per acre and "pure arecanut garden" shall mean a garden planted with not less than 600 arecanut trees per acre. Explanation II.-For the purposes of this clause, in calculating the number of pepper vines in a pure pepper garden, the vines, if any, trained on cocoanut trees or arecanut trees shall not be taken into account; (h) lands mortgaged to the Government, or to a co-operative society (including a co-operative land mortgage bank) registered or deemed to be registered under the Cooperative Societies Act for the time being in force, or to the Kerala Financial Corporation, or to the Kerala Industrial Development Corporation, or to the State Small Industries Corporation, as security for any loan advanced by the Government or by such society or Corporation, so long as the mortgage subsists : Provided that the exemption under this clause shall cease to apply at the end of three years from the commencement of this Act; (i) lands purchased by the Kerala Co-operative Central Land Mortgage Bank or a primary mortgage bank under section 18 of the Kerala Co-operative Land Mortgage Banks Act, 1960, so long as such lands continue in the possession of the bank; (j) lands purchased by the Kerala Financial Corporation or lands the management of which has been taken over by that Corporation, under section 32 of the State Financial Corporations Act, 1951, so long as such lands remain in the ownership, or continue under the management, as the case may be, of the said Corporation; (k) lands belonging to or held by an industrial or commercial undertaking at the commencement of this Act, and set apart for use for the industrial or commercial purpose of the undertaking: Provided that the exemption under this clause shall cease to apply if such land is not actually used for the purpose for which it has been set apart, within such time as the District Collector may, by notice to the undertaking, specify in that behalf; (l) kayal padasekharams of Kuttanad area specified in Schedule IV, so long as such padasekharams are used for the cultivation of paddy or such other crops as the Government may, by notification in the Gazette, specify; (m) house sites, that is to say, sites occupied by dwelling houses, tanks, wells or any other structures, together with the land necessary for the convenient enjoyment of the same; (n) unculturable waste lands; (o) Sites of temples, churches, mosques and cemeteries and burial and burning grounds; (p) sites of buildings including warehouses; (q) commercial sites; (r) lands occupied by educational institutions including land necessary for the convenient use of the institutions and playgrounds attached to such institutions; (s) lands vested in the Bhoodan Yagna Committee; (t) lands owned or held by- (i) a University established by law; or (ii) a religious, charitable or educational institution of a public nature; or (iii) a public trust (which expression shall include a wakf): Provided that- (i) the entire income of such lands is appropriated for the University, institution or trust concerned, and (ii) where the University, institution or trust comes to hold the said lands after the commencement of this Act, the Government have certified previously that such lands are bona fide required for the purposes of the University, institution or trust, as the case may be, and (u) lands granted to defence personnel for gallantry. (2) The Government may exempt any land required by any person bona fide for any industrial or commercial purpose, the promotion of which will, in the opinion of the Government, be in the public interest : Provided that such land shall be used for the purpose for which it is intended within such time as the Government may specify in that behalf, and, where the land is not so used within the time specified, the exemption shall cease to be in force. (3) The Government may, if they are satisfied that it is necessary to do so in public interest on account of any special use to which any land is put, or on account of any land being bona fide required for the purpose of conversion into plantation or for the expansion or preservation of an existing plantation, or for starting dairy farms or cattle breeding farms, by notification in the Gazette, exempt such land from the provisions of this Chapter, subject to such restrictions and conditions as they may deem fit to impose.

(1) The ceiling area of land shall be,- (a) in the case of an adult unmarried person or a family consisting of not more than five members, twelve standard acres; and (b) in the case of a family consisting of more than five members, twelve standard acres increased by one standard acre for each member in excess of five, so however that the total extent of the ceiling area shall not exceed twenty standard acres: Provided that the ceiling area shall, in no case, be- (i) less than fifteen acres in extent, or (ii) more than thirty-six acres in extent. (2) For the purposes of this Chapter, all the lands owned or held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be owned or held by the family. (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 by a co-operative society, or by an institution, or by 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 by a co-operative society, or by an institution, or by 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 sub-section (1) of 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 therein, the extent of land that may be owned or held by a family or adult unmarried person owning or holding such land at the time of the conversion shall be determined without taking into account such conversion. (5) The lands owned or held by a private trust or a private institution shall be deemed to be lands owned or held by the person creating the trust or establishing the institution, or, if he is not alive, by his successors-in-interest. (6) In computing the ceiling area, lands exempted under section 81 shall be excluded. Explanation I.—For the purposes of this section, where a person has two or more legally wedded wives living, the husband, one of the wives named by him for the purpose and their unmarried minor children shall be deemed to be one family; and the other wife or each of the other wives and her unmarried minor children shall be deemed to be a separate family. Explanation II.—For the purposes of this section, an adult unmarried person shall include a divorced husband or divorced wife who has not remarried: Provided that if such divorced husband or divorced wife is the guardian of any unmarried minor child, he or she together with such unmarried child shall be deemed to be a family.

(1) Subject to the provisions of sub-section (2), with effect from such date as may be notified by the Government in the Gazette, no family or adult unmarried person shall be entitled to own or hold or to possess under a mortgage lands in the aggregate in excess of the ceiling area. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for any adult member in a family to own or hold land in excess of the ceiling area to the extent necessary to make up the ceiling area of his lineal descendants, other than his minor unmarried children, who are alive on the date notified under sub-section (1) and who would inherit his lands on his death: Provided that the aforesaid adult member shall take into account all acquisitions of land or interests in land made by such lineal descendants or the members of their families for fixing the total extent that such adult member shall be entitled to own or hold, from time to time, and shall be bound to surrender the excess. Explanation I.—In the case of lineal descendants who are members of other families, the ceiling area shall be that applicable to their families. Explanation II.—For the purposes of this sub-section, "to hold land" shall include possessing land under a usufructuary mortgage.

Notwithstanding anything contained in any law for the time being in force, all voluntary transfers effected after the date of publication of the Kerala Land Reforms Bill, 1963, in the Gazette, otherwise than— (i) by way of partition; or (ii) on account of natural love and affection; or (iii) in favour of a person who was a tenant of the holding before the 27th July, 1960, and continued to be so till the date of transfer; or (iv) in favour of a religious, charitable or educational institution of a public nature solely for the purposes of the institution, by a family or any member thereof or by an adult unmarried person owning or holding land in excess of the ceiling area, shall be deemed to be transfers calculated to defeat the provisions of this Act and shall be invalid: Provided that, without prejudice to any other right of the parties to any such transfer, when any purchase price is payable under section 56 or any compensation is payable under section 88 for any land covered by the said transfer, it shall be competent for the Land Tribunal to award to the transferee, out of the purchase price or compensation amount in respect of such land, such sum as the Land Tribunal may consider just and proper.

(1) Where a family or an adult unmarried person owns or holds land in excess of the ceiling area on the date notified under sub-section (1) of section 83, such excess land shall be surrendered by the person who is competent to do so within such time and to such authority as may be prescribed: Provided that where any person bona fide believes that the ownership or possession of any land owned or held by him or by the members of his family is liable to be purchased by the cultivating tenant or to be resumed by the landowner or the intermediary under the provisions of this Act, the extent of the land so liable to be purchased or to be resumed shall not be taken into account in calculating the extent of the land to be surrendered under this sub-section. Explanation.—Where any land owned or held by a family or adult unmarried person owning or holding land in excess of the ceiling area was transferred by such family or any member thereof or by such adult unmarried person, as the case may be, after the 18th December, 1957, and on or before the date of publication of the Kerala Land Reforms Bill, 1963, in the Gazette, otherwise than— (i) by way of partition; or (ii) on account of natural love and affection; or (iii) in favour of a person who was a tenant of the holding before the 18th December, 1957, and continued to be so till the date of transfer; or (iv) in favour of a religious, charitable or educational institution of a public nature solely for the purposes of the institution, the extent of land owned or held by such family or adult unmarried person shall be calculated for purposes of fixing the extent of land to be surrendered under this section as if such transfer had not taken place, and such family or adult unmarried person shall be bound to surrender an extent of land which would be in excess of the ceiling area on such calculation, or, where such family or person does not own or hold such extent of land, the entire land owned or held by the family or person; but nothing in this Explanation shall affect the rights of the transferee under the transfer. (2) Where a family or an adult unmarried person owns or holds land in excess of the ceiling area, the husband, or in his absence, the wife, or in the absence of both, the guardian of the minor children, or, as the case may be, the adult unmarried person, shall, within a period of three months from the date notified under sub-section (1) of section 83, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands owned or held by the family or adult unmarried person, and indicating the lands proposed to be surrendered. Explanation I.—Where lands owned or held by a family stand in the name of more than one member of the family, the identity of the land, the ownership or possession or both of which is or are to be surrendered, shall be indicated as far as practicable with the concurrence of all the members in whose names they stand. Explanation II.—Where land to be surrendered is owned or held by two or more persons jointly, whether or not as members of an institution or of a joint family, the identity of the same shall be indicated as far as practicable with the concurrence of all the persons who own or hold such land. Explanation III.—Where a family or adult unmarried person owns or holds lands, including shares in the lands owned or held by a co-operative society, in excess of the ceiling area, the excess lands to be surrendered shall be lands other than shares in the lands owned or held by the co-operative society. (3) Where, after the final settlement of claims for resumption of lands held by a family or an adult unmarried person as tenant, such family or person holds land in excess of the ceiling area, or where, after the purchase of the right, title and interest of the landowner and the intermediary by the cultivating tenant in respect of lands owned by a family or adult unmarried person, such family or person owns land in excess of the ceiling area, such excess shall be surrendered by the person who is competent to do so within a period of three months from the date of the final settlement or purchase, as the case may be. At the time of the surrender, he shall file a statement before the Land Board containing the particulars specified in sub-section (2) of the lands held or owned by him. The provisions of sub-section (2) shall, as far as may be, apply in regard to the calculation of the excess land and the procedure for the surrender of the same. (4) Where a member of a joint family surrenders under this section, any land belonging to the joint family and the surrender is accepted by the Land Board with or without modification in extent or identity of the lands surrendered, he shall be deemed to have become divided in status from the other members of the family, with effect from the date of the surrender, and the lands, the surrender of which has been accepted, shall be deemed to have been lands allotted to the share of such member on partition. (5) On receipt of the statement under sub-section (2) or sub-section (3), the Land Board shall— (a) cause the particulars mentioned in the statement to be verified; (b) ascertain whether the family or person to which or to whom the statement relates, owns or holds any other lands; and (c) by order, determine the extent and identity of the land to be surrendered. (6) In determining the identity of the land, the Land Board shall, as far as practicable, accept the choice indicated under sub-section (2) or sub-section (3): Provided that where in such determination the interests of other persons are also likely to be affected, the Land Board shall, except in cases where all the persons interested have agreed to the choice indicated, afford an opportunity to such other persons to be heard and pass suitable orders regarding the land to be surrendered. (7) Where any person fails to file the statement specified under sub-section (2) or sub-section (3), the Land Board shall, after necessary enquiries, by order, determine the extent and other particulars of the land, the ownership or possession or both of which is or are to be surrendered: Provided that before such determination the Land Board shall give an opportunity to the persons interested in the land, to be heard. (8) Where the Land Board determines the extent of the land to be surrendered by any person without hearing any person interested, such person may, within sixty days from the date of such determination, apply to the Land Board to set aside the order and, if he satisfies the Land Board that he was prevented by any sufficient cause from appearing before the Land Board, it shall set aside the order and shall proceed under sub-section (5) or sub-section (7), as the case may be. Explanation.—For the purposes of this section and section 86, 'hold' with reference to land shall include 'possess land under mortgage with possession'.

(1) On the determination of the extent and other particulars of the lands, the ownership or possession or both of which is or are to be surrendered under section 85, the Land Board shall issue a notice to the person bound to surrender demanding the surrender, before a specified date, not being earlier than thirty days from the date of the notice, of the lands or the ownership of lands to such authority as may be specified therein and intimating that in case of default the ownership or possession or both, as the case may be, of the lands determined by the Land Board shall be assumed by the Government before a specified date. (2) On receipt of such notice, such person shall make the surrender demanded, in such manner as may be prescribed. (3) Where any person fails to make the surrender demanded, the Land Board may authorise any officer to take possession or assume ownership of the land in such manner as may be prescribed. (4) Upon the surrender under sub-section (2) or the assumption under sub-section (3), the land or the ownership or possession of the land shall, as the case may be, vest in the Government free from all encumbrances. Where the ownership of any such land is surrendered or assumed, the rights of the intermediary, if any, in respect of the land shall stand extinguished; and, where the possession of any such land is surrendered by, or assumed from, a cultivating tenant, the ownership of such land shall vest in the Government and the rights of the intermediary, if any, in respect of the land, shall stand extinguished.

(1) Where any person comes by any land after the date notified under sub-section (1) of section 83 on account of gift, purchase, mortgage with possession, lease, surrender or any other kind of transfer inter-vivos or by bequest or inheritance or otherwise and in consequence thereof the total extent of land owned or held by the family of such person, or by such person, if he is an unmarried adult, exceeds the ceiling area, such excess shall be surrendered to such authority as may be prescribed within six months of the date of his coming into ownership or possession. (2) The provisions of sections 85 and 86 shall, as far as may be apply to the surrender to, and vesting in, the Government of the ownership or possession or both of lands under sub-section (1).

(1) Where ownership or possession or both of any land is surrendered by, or assumed from, a person or is vested in the Government under section 86 or section 87, such person shall be entitled to compensation. Where the rights of an intermediary are extinguished, such intermediary shall also be entitled to compensation. (2) The compensation payable to an owner for the surrender or assumption of ownership and possession of land shall be fifty-five per cent of the market value of the land and improvements, if any, thereon. (3) The compensation payable to the landowner, intermediary, or cultivating tenant for the surrender, assumption, vesting in the Government or extinguishment of their rights shall be the portion of fifty-five per cent of the market value of the land and the improvements, if any, thereon that will fall to his share if such value were apportioned among the landowner, cultivating tenant and intermediary, if any, in respect of the land, according to the following provisions :— (i) the portion of the compensation for any building or other improvements shall be set apart to the person to whom such building or other improvement belongs; (ii) ninety per cent of the portion of the compensation for the site of any homestead or hut in the occupation of a kudikidappukaran shall be deducted from the total amount of compensation; (iii) the balance remaining after deducting the amounts referred to in clauses (i) and (ii) shall be apportioned among the landowner, 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 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 from his tenant and the rent for which he was liable to his landlord, and (iii) in the case of a cultivating tenant, the difference between the net income and the rent payable by him, and the rent payable by the cultivating tenant and the intermediary for the purposes of this explanation shall be as calculated under the provisions of this Act. (4) Where a mortgagee in possession surrenders possession of the land mortgaged to him,— (i) where the ownership of the land mortgaged has been surrendered by the owner of the land, the mortgagee shall be treated as a holder of an encumbrance in respect of the land, and the encumbrance shall be discharged as provided in sections 91 and 92; (ii) in other cases, the Government shall pay to the mortgagee the amount to which he would have been entitled under clause (i) if the ownership of the land mortgaged had been surrendered to the Government, and hold the land as mortgagee with possession with all the rights and liabilities of the mortgagee.

Pending the determination of the amount of compensation payable to any person under section 88, it shall be competent for the Land Board to pay such amount as it considers proper to such person as part payment of the compensation on taking proper security, in case it is found that he is entitled to such amount. The amount so paid shall be deducted from the compensation payable to such person and the Land Board shall pay to him only the balance.

(1) As soon as may be after the Land Board has determined the extent and particulars of any land, the ownership or possession or both of which is or are to be surrendered the Land Board shall, forwarding the necessary documents, direct the Land Tribunal to prepare and submit to the Land Board a compensation roll showing-(a) the description of the land or the interests in the land surrendered or assumed; (b) the name and address of the person surrendering the same or from whom the same was assumed; (c) the names and addresses of the landowner, intermediary and the cultivating tenant and the amount of compensation payable to each; (d) the names of the holders of the encumbrances (including mortgagees who have surrendered possession of excess lands), maintenance or alimony and the value of the encumbrances or of the claims for maintenance or alimony; and (e) such other particulars as may be prescribed. (2) On receipt of the direction under sub-section (1), the Land Tribunal shall, after giving an opportunity to all persons interested to be heard and after making such inquiry as it considers necessary, prepare the draft compensation roll and furnish copies thereof to the persons interested. (3) Where any land, the ownership or possession or both of which is or are surrendered to, or assumed by, the Government, forms 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 land surrendered to, or assumed by, the Government and the portion of the security remaining, in proportion to the values of the two portions of the security. (4) Within two weeks after the expiry of the period of appeal from the orders of the Land Tribunal prescribed under section 102, or, where there has been an appeal, within two weeks after the disposal of the same, the Land Tribunal shall prepare a final compensation roll showing the particulars mentioned in sub-section (1). A copy of the final compensation roll so prepared shall be forwarded to the Land Board by the Land Tribunal.

(1) On receipt of the compensation roll under section 90, the Land Board shall pay the compensation to the persons entitled thereto, subject to the provisions of sub-section (2). (2) Where the land or the ownership or possession of land which has vested in the Government, is subject to any encumbrance, maintenance or alimony, the value of the encumbrance, maintenance or alimony shall be deducted from the compensation amount payable to the person liable for such encumbrance, maintenance or alimony. If the total amount of such encumbrance, maintenance or alimony is more than the amount of compensation, the compensation amount shall be distributed to the holders of the encumbrance and persons entitled to the maintenance or alimony in the order of priority. (3) The Land Board shall also pay the mortgage amount payable to a mortgagee under clause (ii) of sub-section (4) of section 88.

(1) The compensation or the amount of encumbrance, as the case may be, shall be paid either in cash or in negotiable bonds redeemable in sixteen years and carrying interest at the rate of 4½ per cent per annum with effect from the date on which the ownership or possession or both of the land has or have vested in the Government under section 86 or section 87, or partly in cash and partly in such bonds, in such manner as may be prescribed. (2) The provisions of sub-sections (7), (8) and (9) of section 63 shall, as far as may be, apply in regard to the payment of compensation and other amounts under this section.

The payment of compensation in the manner specified in section 92 shall be a full discharge of the liability for payment of compensation, and no further claim therefor shall lie.

(1) Where the landowner whose ownership of the land is vested in the Government or the intermediary whose rights are extinguished under sub-section (4) of section 86 was a small holder and the cultivating tenant of the holding was entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force, the ownership or possession or both of such land vested in the Government shall be assigned to such small holder: Provided that where there are more than one such small holder in respect of such land, the small holder nearest to the cultivating tenant shall have priority for such assignment. (2) The purchase price payable by the small holder referred to in sub-section (1) for assignment of the ownership or possession or both of the land shall be fifty-five per cent of the market value of such rights. (3) The purchase price shall be payable either in a lump or in sixteen equal annual instalments. (4) A small holder entitled to the assignment of the ownership or possession or both of the land vested in the Government may apply to the Land Board for the assignment of the same within such time and in such manner as may be prescribed. (5) On receipt of an application under sub-section (4), the Land Board shall, after due enquiry and on being satisfied that the applicant is entitled to such assignment, assign the ownership or possession or both of such land to the small holder on payment of the purchase price in a lump or the first instalment of the purchase price. (6) The provisions of sub-sections (2) and (3) of section 97 shall, as far as may be, apply to the payment and recovery of the instalments of the purchase price and interest thereon and as regards the charge for the amounts due from the assignee.

Any person who does not possess any land or possesses only less than five acres of land in extent may apply to the Land Board for assignment on registry of lands to him.

(1) Subject to the provisions of section 94, the Land Board shall, after reserving in each village the lands necessary for public purposes, assign on registry the remaining lands vested in the Government under section 86 or section 87, as specified below: (i) the holdings in which there are kudikidappukars shall, as far as possible, be assigned to such kudikidappukars; (ii) out of the remaining area available for assignment- (a) fifty per cent shall be assigned to the landless agricultural labourers of which one-half shall be assigned to the landless agricultural labourers belonging to Scheduled Castes or Scheduled Tribes residing in the same village or adjacent villages; (b) twenty-five per cent shall be assigned to small holders and other landlords who are not entitled to resume any land; (c) the remaining twenty-five per cent shall be assigned to the cultivators who do not possess more than 5 acres of land in extent: Provided that in assigning lands under this sub-section to the persons specified in sub-clause (a), sub-clause (b), or sub-clause (c), first preference shall be given to ex-servicemen belonging to the respective classes, and, subject as above, preference shall be given to co-operative societies formed by persons specified in the respective sub-clauses: Provided further that where the excess land that is available for assignment is either kayal or kole nilam, such land shall be assigned only to co-operative societies formed by landless agricultural labourers. Explanation.-For the purposes of this sub-section, a kudikidappukaran or a tenant of a kudiyiruppu shall be deemed to be a landless agricultural labourer if he does not possess any other land. (2) The Land Board shall not assign to any person more than 5 acres in extent of land. (3) Where a person possesses any land, only so much land as will make the extent of land in his possession five acres shall be assigned to him.

(1) The purchase price of the land assigned on registry under section 96 shall be an amount equal to fifty-five per cent of the market value of the land and improvements, if any, thereon, and shall be payable either in lump or in sixteen equal annual instalments. The assignment shall be made on payment of the purchase price either in lump or the first instalment thereof. (2) Where the purchase price is payable in instalments, the amount outstanding after payment of each instalment shall bear interest at the rate of 4½ per cent per annum. (3) All amounts due from an assignee shall be a first charge on the land assigned and shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.

The Land Board shall, subject to such rules as may be made by the Government in this behalf, manage the lands vested in them until they are assigned under sections 94 and 96, by making arrangements for their cultivation and protection.

The Government may, by notification in the Gazette, constitute for any area or for any class of cases specified therein a Land Tribunal consisting of a sole member who shall be a judicial officer of the rank of a Munsiff, for the purpose of performing the functions of a Land Tribunal under this Act.

(1) The Government shall constitute a Land Board for the whole State for performing the functions of the Land Board under this Act. The Board shall consist of a sole member, who shall be the Head of the Land Revenue Department, or of three members. (2) Where the Board consists of three members, the members shall be— (i) the Head of the Land Revenue Department who shall be the Chairman; (ii) a judicial officer not below the rank of a District Judge nominated by the Government in consultation With the High Court; (iii) an officer of the Government nominated by the Government. (3) (a) The functions of the Board, where it consists of three members, may be exercised by a Bench consisting of all the members of the Board or by a Bench consisting of two members constituted by the Chairman or, in the event of the office of a member other than the Chairman being vacant, by a Bench consisting of the Chairman and the other member. (b) Where any matter is heard by a Bench consisting of all the three members of the Board and the members differ in opinion on any point, the point shall be decided in accordance with the opinion of the majority. (c) Where any matter is heard by a Bench consisting of two members and the members are divided in their opinion on any point, they shall state the point upon which they differ and the matter shall then be heard upon that point only by the third member and such point shall be decided according to the opinion of the third member.

(1) The Land Board and the Land Tribunal constituted under this Act shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or for local investigation; and (e) any other matter which may be prescribed. (2) The Land Board shall have superintendence over all the Land Tribunals, and the Land Board may— (a) call for returns from the Land Tribunals; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of the Land Tribunals; (c) prescribe forms in which books, entries and accounts shall be kept by the Land Tribunals; and (d) on the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion, without such notice, transfer any application or other proceeding pending before any Land Tribunal to any other Land Tribunal or retransfer the same for trial or disposal to the Land Tribunal from which it was originally transferred. (3) Where in any proceeding before the Land Tribunal a question arises whether a person is a small holder or not or whether a person is or is not a tenant, it shall be competent for the Land Tribunal to decide the question. (4) If, for the purposes of sub-clause (b) of clause (44) of section 2, any question arises as to whether any land is in the vicinity or within the boundaries of the area cultivated with the crops referred to in the said sub-clause, or whether it is reserved and fit for the expansion of such cultivation, the question shall be decided by the Land Board, and the decision of the Land Board shall be final. (5) If any question arises as to whether any land is principally used for the purposes specified in clause (5) of section 2, the question shall be decided by the Land Board, after taking into account the extent of, the amount invested in, and the income from, the portion of the land so used and the remaining portion and other relevant matters, and the decision of the Land Board shall be final.

(1) Any person aggrieved by the orders of the Land Tribunal under sub-section (2) of section 12, section 22, section 23, section 31, section 47, sub-section (3) or sub-section (4) of section 48, sub-section (3) of section 49, sub-section (6) of section 52, section 57, sub-section (4) of section 66, section 90 or section 106 may appeal against such order within such time as may be prescribed to the Subordinate Judge having jurisdiction over the area in which the holding or part thereof is situate. He shall hear the appeal as a persona designata and his decision thereon shall be final, subject to the provisions of section 103. (2) The Subordinate Judge shall have power to pass interlocutory orders or to remand any case to the Land Tribunal for reconsideration in accordance with his directions. (3) Where there has been any modification in appeal from the orders of the Land Tribunal, such orders shall be modified accordingly.

(1) Any person aggrieved by— (i) any final order passed in an appeal against the order of the Land Tribunal; or (ii) any final order passed by the Land Board under this Act, may, within such time as may be prescribed, prefer a petition to the High Court against the order on the ground that the appellate authority or the Land Board, as the case may be, has either decided erroneously, or failed to decide, any question of law. (2) The High Court may, after giving an opportunity to the parties to be heard, pass such orders as it deems fit and the orders of the appellate authority or the Land Board, as the case may be, shall, wherever necessary, be modified accordingly. (3) The High Court may, for the purpose of satisfying itself that an order made by the Land Tribunal under section 26 was according to law, call for the records and pass such order with respect thereto as it thinks fit.

(1) Where, in any proceeding under this Act, a joint family is a party, it shall be sufficient to implead the manager, karanavan or yajaman and the seniormost male member of such family and, in the case of a Marumakkathayam or Aliyasantana family, also the karanavan or yajaman of each tavazhi or kavaru, but any other member of the family shall have the right to get himself impleaded as a party. (2) Where any such proceeding relates to any property or part thereof under the management of a receiver appointed by a court, it shall be sufficient to implead the receiver as party to the proceeding.

(1) For the purpose of carrying into effect the provisions of this Act, any officer, not below the rank of a Tahsildar, authorised by the Government in this behalf (hereinafter in this section referred to as the authorised officer) may, by notice, require any person to furnish any information relating to the extent of land held by such person, the number of members of the family, if any, of such person, and such other particulars as may be prescribed. The person aforesaid shall furnish the information to such officer within such time as may be specified in the notice or within such further time not exceeding thirty days as the authorised officer may, in his discretion, allow. (2) (a) Where any person on whom notice under sub-section (1) has been served fails to furnish the information within the time specified in that notice or within the further time allowed by the authorised officer under sub-section (1), the authorised officer may obtain, in such manner as may be prescribed, the necessary information either by himself or through such agency as he thinks fit. (b) The authorised officer shall, as soon as may be after obtaining the information under clause (a), give to the person concerned a reasonable opportunity of making his representation and of adducing evidence, if any, in respect of such information and consider any such representation and evidence and pass such orders as he deems fit.

(1) Notwithstanding anything contained in this Act, or in any other law, or in any contract, or order or decree of court, where, on any land leased for commercial or industrial purpose, the lessee has constructed buildings for such commercial or industrial purpose before the 18th December, 1957, he shall not be liable to be evicted from such land, but shall be liable to pay rent under the contract of tenancy. Such rent shall be liable to be varied every twelve years on the motion of the lessor or the lessee, in such manner as may be prescribed. (2) If, between the 18th December, 1957 and the date of commencement of this Act, any decree or order of court has been executed and any person dispossessed by delivery, such person shall, on application before the Land Tribunal, be entitled to restoration of possession: Provided that, before restoration, such person shall be liable to pay— (i) the compensation paid by the landlord for any improvements in the land and subsisting at the time of restoration; (ii) the compensation for any improvements effected subsequent to the delivery: Provided further that he shall not be entitled to restoration if the property has passed on to the possession of a bona fide transferee for value.

(1) Subject to the provisions of this Act, the costs of and incident to all proceedings before the Land Tribunal shall be in its discretion and it shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purposes aforesaid. The fact that any proceeding before the Land Tribunal is without jurisdiction shall be no bar to the exercise of such powers. (2) An order passed by the Land Tribunal in exercise of the powers vested in it under sub-section (1) may be executed through the court as if the order were a decree passed by it.

Unless otherwise specifically provided in this Act, the provisions of section 5 of the Indian Limitation Act, 1908, shall apply to all proceedings under this Act.

A fund called the Agriculturist Rehabilitation Fund may be constituted by the Government to be administered by the Revenue Department, in such manner as may be prescribed. It shall consist of grants or loans by or from the State Government or the Central Government and other moneys, if any, raised by the Government in accordance with the rules made by the Government in this behalf. The fund shall be utilised for rendering help by way of loan, grant or otherwise to persons affected by this Act who are eligible for the same in accordance with the rules made by the Government.

(1) If any difficulty arises in the application of the provisions of this Act to any area on account of local variations or difference in nomenclature between the tenures prevailing in that area (by whatever name such tenures may be known) and the corresponding tenures prevailing in the remaining part of the State, the Government may, subject to the provisions of sub-section (2), by notification in the Gazette, direct that the said provisions shall apply to the aforesaid area subject to such adaptations, exceptions and modifications as may be specified in this behalf in such notification. (2) A draft of the notification proposed to be issued under sub-section (1) shall be laid before the Legislative Assembly for a period of ten days, and the Legislative Assembly may approve the draft with or without modification or disapprove the draft during the period in which it is so laid. On approval of the draft by the Legislative Assembly, the Government shall publish the notification as approved, in the Gazette. If the Legislative Assembly does not- (i) approve with or without modification; or (ii) disapprove, the said draft during the period aforesaid, it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.

Notwithstanding anything contained in sub-section (2) of section 5 of the Cochin Verumpattamdars Act, VIII of 1118, the pattam payable by a verumpattamdar, to whom the provisions of the said sub-section applied, for the period subsequent to the first day of Chingom, 1124, till the date of commencement of this Act, shall only be the amount payable immediately before the commencement of the said Verumpattamdars Act, whether or not such contract was renewed after such commencement.

(1) Where the land comprised in a holding is acquired under the law for the time being in force providing for the compulsory acquisition of land for public purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, intermediaries, cultivating tenant and the kudikidappukaran in the manner specified in sub-sections (2) to (4). (2) The compensation for any building or other improvements shall be awarded to the person entitled to such building or other improvements. (3) The kudikidappukaran shall be entitled to ninety per cent of the value of the land occupied by his homestead or hut. (4) The balance remaining after making the payments referred to in sub-sections (2) and (3) shall be apportioned among the landowner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land acquired immediately before such acquisition. 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 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 from his tenant and the rent for which he was liable to his landlord; and (iii) in the case of a cultivating tenant, the difference between the net income and the rent payable by him; and the rent payable by the cultivating tenant and the intermediary for the purpose of this explanation shall be as calculated under the provisions of this Act. (5) Where the land acquired is comprised in the holding of a kudiyan as defined in the Travancore Jenmi and Kudiyan Act of 1071, or of a kanam tenant as defined in the Kanam Tenancy Act, 1955, the compensation amount to be apportioned under sub-sections (2) to (4) shall be the share of the kudiyan or the kanam tenant as ascertained under section 45 of the Travancore Jenmi and Kudiyan Act of 1071, or section 48 of the Kanam Tenancy Act, 1955, as the case may be.

If, for the purposes of this Act, the price of any commodity referred to in section 43 has to be commuted into money at the market rate for any date, such commutation shall be made at the price of that commodity published by the District Collector under the said section for the relevant quarter.

(1) Sections 7 and 9 of the Devaswom Verumpattamdaras (Settlement) Proclamation, XXIII of 1118, shall be omitted. (2) In Explanation I to section 45 of the Travancore Jenmi and Kudiyan Act of 1071, for the words "sixteen and two-third times" the words "eight and one-third times" shall be substituted. (3) In Explanation I to section 48 of the Kanam Tenancy Act, 1955 for the words "sixteen and two-third times", the words "eight and one-third times" shall be substituted.

(1) Any appearance, application or act in or to any Land Tribunal or the Land Board required or authorised by law to be made or done by a party in such Land Tribunal or the Land Board, may be made or done by the party in person or by his recognised agent or by a pleader appearing, applying or acting, as the case may be, on his behalf: Provided that any such appearance shall, if the Land Tribunal or Land Board so directs, be made by the party in person. (2) The recognised agents of parties by whom such appearance, application and act may be made or done are persons holding powers of attorney authorising them to make and do such appearance, application and act on behalf of such parties.

Notwithstanding anything contained in the Kerala Court Fees and Suits Valuation Act, 1959, every application or appeal made under this Act to the Land Tribunal or the Land Board shall bear court fee stamp of such value as may be prescribed.

The members of the Land Board and the Land Tribunal and any officer appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(1) If any person who is under an obligation to furnish a return or information under this Act refuses or wilfully fails to furnish the return or information within the time specified for the purpose, he shall be punishable with fine which may extend to two hundred rupees. (2) If any person who, after having been convicted under sub-section (1), continues to refuse or to wilfully fail to furnish the return or information, he shall be punishable with fine which may extend to fifty rupees for each day after the previous date of conviction during which he continued so to offend.

If any person who is under an obligation to furnish any return or information furnishes any return or information which he knows or has reason to believe to be false, he shall be punishable with fine which may extend to one thousand rupees.

(1) After the date notified under sub-section (1) of section 83, no document relating to any transfer of land shall be registered unless the transferee makes a declaration in such form as may be prescribed in writing (in duplicate) as to the total extent of land held by him. The registering officer shall forward a copy of the declaration to the officer authorised by the Government for such action as may be necessary. (2) If any person makes any declaration before the registering officer under sub-section (1), which he knows or has reason to believe to be false, he shall be punishable with fine not exceeding one thousand rupees.

If any person wilfully contravenes any lawful order passed under this Act or obstructs any person from lawfully taking possession of any land under any of the provisions of this Act, he shall be punishable with fine which may extend to five hundred rupees.

Any person causing destruction or damage to, or removal of, trees, buildings, machinery, plant, or apparatus, situated on any land indicated as land to be surrendered under sub-section (2) of section 85 shall be punishable with imprisonment for a term which may extend to one year, or with fine not exceeding one thousand rupees, or with both.

(1) No court shall take cognizance of any offence punishable under this Act, except on complaint in writing made by an officer authorised by the Government in this behalf. (2) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act.

No suit, prosecution or other legal proceeding shall lie against any officer for anything in good faith done or intended to be done under this Act or the rules made thereunder.

No order of the Land Tribunal or the Land Board under this Act shall be called in question in any court, except as provided in this Act.

All references in this Act to areas of land expressed in terms of acres (but not standard acres) and cents shall be construed as references to areas expressed in terms of hectares and ares, converted thereto at the rates specified in the Schedule to the Standards of Weights and Measures (Conversion of Land Areas) Rules, 1960.

The provisions of this Act shall have effect notwithstanding anything in any other law or any custom or usage or in any contract, express or implied, inconsistent with the provisions of this Act.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.

(1) The Government may make rules to carry out all or any of the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters: (a) the fees payable on applications or claims made before the Land Tribunal or the Land Board and the persons by whom and the period within which such fees shall be paid; (b) the registers to be kept and maintained by the Land Tribunal and the Land Board and the particulars to be entered therein; (c) the procedure to be followed in the preparation of compensation rolls; (d) the filing of statements before the Land Tribunal and the Land Board; (e) the procedure to be followed by the Land Tribunal and the Land Board; (f) for the joint consideration by the Land Tribunal of two or more applications involving the same question; (g) the assignment of lands by the Land Board under sections 94 and 96; (h) the management of land before assignment under section 98; (i) any other matter which under this Act is to be, or may be, prescribed. (f) for the joint consideration by the Land Tribunal of two or more applications involvmg the same question ; (g) the assignment of lands by the Land Board under sections 94 and 96; (h) the management of land before assignment under section 98; (i) any other matter which under this Act is to be, or may be, prescribed.

Every rule made under this Act and every notification issued under clause (a) of sub-section (1) or sub-section (3) of section 81 shall be laid as soon as may be after it is made or issued 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 makes any modification in the rule or notification or decides that the rule or notification should not be made, or issued, the rule or notification 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 or notification.

In computing the period of limitation for the institution of suits or proceedings under this Act, the time during which such suits or proceedings were prohibited or stayed under any of the enactments repealed by this Act, shall be excluded.

(1) (a) The Proclamation XVI of 1122 (Cochin), dated the 14th February, 1947, the Proclamation VI of 1124 (Cochin), dated the 12th January, 1949, the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962 and the Kera1a Tenants and Kudikidappukars Protection Act, 1963, are hereby repealed, and all suits, appeals, revisions, reviews and proceedmgs in execution of decrees stayed by the said enactments may be disposed of by the courts in which they were pending at the commencement of this Act, in accord· ance with the provisions of this Act. (b) The costs m respect of the suits, appeals, revisions, reviews and execution proceedings stayed by the enactments specmed in clause (a) shall be in the discretion of the court. (2) The followmg enactments as in force in any part of the State of Kerala are hereby repealed, namely :- (i) The Cochin Verumpattamdars Act, VIII of 1118. (ii) The Tra"ancore-Cochin Prevention of Eviction of Kudrkidappukars Act, 1955. (iii) The Malabar Tenancy Act, 1929. (iv) The Madras Cultivatmg Tenants (Pa} ment of Fair Rent) Act, 1956. (3) Notwithstanding the repeal of the enactments mentwned in sub-section (2),- (a) any decree passed before the commencement of this Act for the eviction of a tenant f1om his holding, pursuant to which eviction has not been effected, may, on the applicatiOn of the tenant or the landlord, be reopened and the matter may be disposed of in accordance with the provisions of this Act ; (b) any suit for restoration filed under section 24 or section 26 or sub-section (3) of section 53 of the Malabar Tenancy Act, 1929 or any applicatwn for determinalJon of fa1r rent made under section 16 of that Act or any application for fixation of fair rent made under section 9 of the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, and pendmg disposal at the commencement of th1s Act shall be disposed of in accordance w1th the provis1ons of the said Acts as if those Acts had not been repealed ; (c) (i) where the decree-holder, plaintiff, appellant or peti· tioner, as the case may be, is a person entitled to resumption of land under this Act, he shall have the right to apply to the court to allow resumption of the holding or any part thereof to which he is entitled ; (ii) the application under sub-clause (i) shall be made within one year from the commencement of this Act and shall contain a statement of facts in support of the claims of the applicant and also the names and addresses of all persons who have mterest in the hold· ing, either as owner, lessee or kuddudappukaran ; (iii) the court shall d1spose of the application as if 1t were an application for resumption before the Land Tribunal under this Act ; (d) notwithstanding anything contained in section 11 of the Code of Civil Procedure, 1908, the right conferred on the decree-holder, plamtiff. appellant or petitioner, as the case may be, under sub-clause (i) of clause (c) shall not be deemed to take away or in any manner affect his right to apply for resumption under thiS Act. (4) (i) The Kerala Agrarian Relations Act, 1960, JS hereby repealed. (ii) Notwithstandmg the repeal of the Kerala Agrarian Rela· tions Act, 1960 (hereinafter referred to as the said Act),- (a) all applications for determinatiOn of fair rent filed or purported to have been filed under the said Act, in which no order determinmg the fa1r rent had been passed by the Land Tribunal, shall be deemed to have been filed under th1s Act and shall be disposed of accor-dmg to the provisions of tillS Act; (b) where the Land Tribunal constituted or purported to have been constituted under the sa1d Act had passed an order determining the fair 1 ent in respect of a holding, but an appeal or apphcatwn for revlSlon in respect ot such order was pendmg before the appellate or revising authonty at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedmgs under the sa1d Act were stayed under the Kerala Tenants and Kud1kidappukars Protection Ordmance, 1962, as the case may be, in Its or their apphcation to the land comprised in the holdmg, such appellate or revising authority shall reopen the matter and dispose of 1t m accordance With the provis1ons of this Act, and, for that purpose, shall have all the powers of the appellate or revismg authonty, as the case may be, under th1s Act; (c) where the Land Tribunal const1tuted or purported to have been const1tuted under the sa1d Act had passed an order determming the fair rent m respect of a holding, but the time for prefernng appeal or revis10n in respect of such order had not exp1red at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceed1ngs under the said Act were stayed under the Kerala Tenants and Kud1k1dappukars Protection Ordinance, 1962, as the case may be, m 1ts or the1r apphcatwn to the land compnsed m the holdmg, any party aggrieved by the order of the Land Tribunal may, Within three months from the commencement of th1s Act, prefer an appeal or an application for revlSlon against such order before the appellate or rev1sing authority under tillS Act, and thereupon such authority shall reopen the matter and dispose of1t in accordance w1th the provisions of this Act; (d) in cases where orders dete1 minmg fair rent have been passed or purported to have been passed under the sa1d Act and such orders had become final, such orders shall be deemed to have been passed under this Act for purposes of payment of fa1r rent; (e) notwithstandmg anything contained m this Act, the fair rent referred to m sub-clause (d) shall be the rent payable by the cultivating tenant, but such fa1r rent shall not be taken as the bas1s for the determination of the purchase pnce under section 55, and the fair rent for the determination of such purchase price shall be the fair rent determmed under th1s Act. (iii) Subject to the provisions of clause (ii), the said Act or the rules, uotifications or orders made or issued thereunder, shall not be deemed to have conferred any right or imposed any hability on any person, as if the sa1d Act had not been enacted.

ALLEPPEY DISTRICT: Taluk 1. Ambalapuzha, Village 1. Prakkad, 2. Ambalapuzha, 3. Alleppey, 4. Aryad South, 5. Punnapra; Taluk 2. Kuttanad, Village 6. Pulincunnoo, 7. Chennamkari, 8. Kainakari, 9. Champakulam, 10. Nedumudy, 11. Thakazhy, 12. Kozhimukku, 13. Thalavady, 14. Neelamperoor, 15. Veliyanad, 16. Muttar, 17. Ramankari; Taluk 3. Shertallai, Village 18. Panavalli, 19. Vayalar West, 20. Vayalar East, 21. Thuravoor South, 22. Thuravoor North, 23. Aroor, 24. Thycattussery; Taluk 4. Karthigapally, Village 25. Pathiyoor, 26. Cheppad, 27. Pallipad, 28. Haripad, 29. Veeyapuram, 30. Cheruthana, 31. Karuvatta; Taluk 5. Mavelikara, Village 32. Thamarakulam, 33. Kannamanga1am, 34. Thri poorun thura, 35. Chennithala, 36. Mavelikara, 37. Chunakma, 38. Thazhakara, 39. Noornad, 40. Palamel, 41. Pandalam South, 42. Thonaloor; Taluk 6. Thiruvalla, Village 43. Kizhakumbhago·n, 44. Kadapra, 45. Peringara, 46. Kavumbhagom, 47. Thiruvalla; Taluk 7. Chengannoor, Village 48. Cherianad, 49. Venmony, 50. Mannar, 51. Kurattisseri, 52. Puhyoor; KOTTAYAM DISTRICT: Taluk 8. Kottayam, Village 53. Thiruvarppu, 54. Kottayam, 55. Nattakam, 56. Panachikkad, 57. Vijayapuram, 58. Aymanam, 59. Kumarakom, 60. Ka1puzha, 61. Onamthuruthu, 62. Puthuppally; Taluk 9. Changanacherry, Village 63. Kurichi, 64. Vazhappally West, 65. Vazhappally East, 66. Changanacherry, 67. Madappally, 68. Thrikodithanam, 69. Vakathana'll; Taluk 10. Vaikom, Village 70. Naduvlle, 71. Thalayazham, 72. Kallara, 73. Vechoor, 74. Manjoor, 75. Vadayar, 76. Kaduthuruthy.

PART I. Lands other than nilams. TRIVANDRUM DISTRICT: 1. Garden - 1.50 acres; 2. Dry land principally cultivated with cashew - 2.00 acres; 3. Other dry land - 4.00 acres; 4. Palliyal land - 4.00 acres; 5. Rubber plantation - 1.75 acres; 6. Tea plantation - 0.75 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. QUILON DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 2.00 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 1.75 acres; 6. Tea plantation - 0.75 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. ALLEPPEY DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 2.00 acres; 3. Other dry land - 4.00 acres; 4. Palliyal land - 4.00 acres; 5. Rubber plantation - 1.75 acres; 6. Tea plantation - 0.75 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. KOTTAYAM DISTRICT: 1. Garden - 1.25 acres; 2. Dry land principally cultivated with cashew - 1.75 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 1.75 acres; 6. Tea plantation - 0.50 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. ERNAKULAM DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 1.75 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 2.25 acres; 6. Tea plantation - 1.00 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. TRICHUR DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 1.75 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 2.25 acres; 6. Tea plantation - 0.50 acres; 7. Coffee plantation - 1.00 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. PALGHAT DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 2.25 acres; 3. Other dry land - 4.00 acres; 4. Palliyal land - 4.00 acres; 5. Rubber plantation - 2.25 acres; 6. Tea plantation - 0.50 acres; 7. Coffee plantation - 0.75 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. KOZHIKODE DISTRICT: 1. Garden - 0.75 acres; 2. Dry land principally cultivated with cashew - 1.75 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 2.25 acres; 6. Tea plantation - 0.50 acres; 7. Coffee plantation - 0.75 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. CANNANORE DISTRICT: 1. Garden - 1.00 acres; 2. Dry land principally cultivated with cashew - 1.50 acres; 3. Other dry land - 3.00 acres; 4. Palliyal land - 3.00 acres; 5. Rubber plantation - 2.25 acres; 6. Tea plantation - 0.75 acres; 7. Coffee plantation - 0.75 acres; 8. Cardamom plantation - 1.50 acres; 9. Cinnamon plantation - 1.50 acres; 10. Cocoa plantation - 1.50 acres. PART II. Standard acres of nilam: 1. Trivandrum district (Neyyattinkara, Trivandrum, Nedumangad, Chirayinkil) - 1.00 acre double crop, 2.00 acres single crop; 2. Quilon district (Quilon, Kottarakara, Kunnathur, Pathanapuram, Pathanamthitta) - 1.25 acres double crop, 2.00 acres single crop; 3. Alleppey district (Karunagappally, Karthigappally, Mavelikara) - 1.25 acres double crop, 2.00 acres single crop; 4. Alleppey district (Chengannur, Thiruvalla, Kuttanad) - 1.50 acres double crop, 2.00 acres single crop; 5. Alleppey district (Ambalapuzha, Sherthalai) - 2.00 acres double crop, 3.00 acres single crop; 6. Kottayam district (Changanacherry, Kanjirappally, Peermade, Kottayam, Vaikom, Meenachil, Devicolam, Udumbanchola) - 1.50 acres double crop, 2.50 acres single crop; 7. Ernakulam district (Thodupuzha, Muvattupuzha) - 1.25 acres double crop, 2.50 acres single crop; 8. Ernakulam district (Cochin, Kanayannur, Kunnathunad, Alwaye, Parur) - 1.75 acres double crop, 3.00 acres single crop; 9. Trichur district (Cranganore, Mukundapuram, Trichur, Thalappilly) - 1.75 acres double crop, 3.00 acres single crop; 10. Palghat district (Chittur, Alathur, Palghat) - 1.00 acre double crop, 2.00 acres single crop; 11. Palghat/Malappuram district (Ottapalam, Perintalmanna, Ernad) - 1.25 acres double crop, 2.50 acres single crop; 12. Malappuram/Kozhikode district (Chowghat, Ponnani, Tirur) - 2.00 acres double crop, 3.00 acres single crop; 13. Kozhikode district (Kozhikode, Quilandy, Badagara) - 2.00 acres double crop, 4.00 acres single crop; 14. Wynaad (S. Wynaad, N. Wynaad) - 2.00 acres double crop, 3.00 acres single crop; 15. Cannanore district (Tellicherry, Cannanore, Taliparamba, Hosdrug, Kasaragod) - 1.75 acres double crop, 4.00 acres single crop.

1. Nilams: (i) Land converted into nilam by tenant's labour (not items v, vi, vii) - 1/8th of gross paddy produce; (ii) Other nilam (not items v, vi, vii) - 1/4th of gross paddy produce; (iii) Kole land - 1/6th of gross paddy produce; (iv) Land not being Karinilam cultivated on the Kaipad system - 1/6th of gross paddy produce (Cannanore, Ernakulam, Alleppey and Kottayam; no such land in other districts); (v) Karinilam: (a) converted into wet by tenant's labour - 1/9th of gross paddy produce (Kottayam, Alleppey and Ernakulam; no such land in other districts), (b) Other Karinilam - 1/5th of gross paddy produce (Kottayam, Alleppey and Ernakulam; no such land in other districts); (vi) Nilam in North and South Wynaad: (a) Converted by tenant's labour - 1/20th of gross paddy produce, (b) Other nilam - 1/12th of gross paddy produce; (vii) Nilam in Devicolam, Peermade, Udumbanchola and Attappady valley: (a) Converted by tenant's labour - 1/16th of gross paddy produce, (b) Other wet land - 1/8th of gross paddy produce; (viii) Nilam where fishing is carried on: Aggregate of rent fixed as for nilam and 1/8th of gross annual income from fishing; (ix) Nilam not used for paddy - Rent that would have been payable for paddy. 2. Garden: (i) Cocoanut trees (landlord bound for compensation) - 1/10th of gross cocoanut produce; (ii) Cocoanut trees (landlord not bound) - 1/3rd of gross cocoanut produce; (iii) Arecanut trees (landlord bound) - 1/10th of gross arecanut produce; (iv) Arecanut trees (landlord not bound) - 1/4th of gross arecanut produce; (v) Pepper-vines (landlord bound) - 1/8th of gross pepper produce; (vi) Pepper-vines (landlord not bound) - 1/4th of gross pepper produce. 3. Dry land: (a) Cultivated with groundnut or other notified crops - 1/8th of gross produce; (b) In other cases - Rs. 4 per acre. 4. Palliyal land - 1/8th of gross produce of crop or Rs. 4 per acre, whichever is higher. 5. Land under Punam or Kumri cultivation - Rs. 3 per acre. 6. Land under sugarcane - 1/4th of gross sugarcane produce. 7. Other land - Contract rent.

ALLEPPEY DISTRICT: 1. 'D' Block Kayal (Pulincunnu) - 1800 00; 2. Madathi Kayal (Pulincunnu) - 385 15; 3. Padujare Venattukari (Pulincunnu) - 99 86; 4. Mathi Kayal (Pulincunnu) - 713 05; 5. Sreemoolamangalam Kayal (Pulincunnu) - 590 82; 6. Raja Ramapuram Kayal (Chennamkary) - 769 89; 7. Pallithanam Kayal (Chennamkary) - 269 02; 8. Cherukara Kayal (Chennamkary) - 309 80; 9. Mangalam Kayal (Chennamkary) - 843 59; 10. E. Block Kayal (Chennamkary) - 2366 00; 11. H. Block Kayal (Chennamkary) - 1396 00; 12. I. Block Kayal (Chennamkary) - 311 60; 13. K. L. Block Kayal and Appu Kayal (Chennamkary) - 827 31; 14. 'R' Block Kayal (Kainakary) - 1425 99; 15. S. Block Kayal (Kainakary) - 584 00; 16. T. Block Kayal (Kainakary) - 315 00; 17. Q Block Kayal (Kainakary) - 716 00; 18. C. Block Kayal (Kainakary and Alleppey) - 647 30; 19. Cherukah Kayal (Kainakary) - 251 55; 20. Arupanku Kayal (Kainakary) - 486 03; 21. Paruthivalavu Kayal (Kainakary) - 370 08; 22. Pandarakkalam Kayal (Kainakary) - 152 24; 23. Punathuram Kayal (Kainakary) - 103 61; 24. Kakka Kayal (Alleppey and Aryad South) - 200 00. KOTTAYAM DISTRICT: 25. 'P' Block Kayal (Nattakom and Thiruvarpu) - 713 24; 26. M. N. Block Kayal (Kumarakom and Thiruvarpu) - 473 65; 27. Seminari Kayal (Kumarakom) - 423 66; 28. Thumbe Kayal (Kumarakom) - 90 40; 29. Roonatha Kayal (Kumarakom) - 213 24; 30. Karavattu Kayal (Kumarakom) - 22 90; 31. Vadakke Konchumada (Kumarakom) - 22 73; 32. Nalupanku Kayal (Kumarakom) - 52 52; 33. Krishna Vilasom Kayal (Kumarakom) - 27 00; 34. Konchumada Thundan Kayal (Kumarakom) - 29 28; 35. Thekke Konchumada Kayal (Kumarakom) - 45 40; 36. Vilakkumaram Kayal (Kumarakom) - 81 69; 37. Pazhaya Kayal (Kumarakom) - 42 94; 38. Mathruka Kayal (Kumarakom) - 18 88; 39. J. Block Kayal (Thiruvarpu) - 886 00; 40. Vatta Kayal (Aimanom) - 336 45; 41. Mali Kayal (Aimanom) - 103 00; 42. Oloran Kayal (Aimanom) - 47 98; 43. Kelakkary Vatta Kayal (Kaipuzha) - 305 29; 44. Anthony Kayal (Kaipuzha) - 64 37; 45. Akathekari (Kaipuzha) - 92 88; 46. Kaipuzha Vechoor Kayal (Kaipuzha and Vechoor) - 646 00.