The Kerala Stay of Eviction Proceedings Act, 2001
The Kerala Stay of Eviction Proceedings Act, 2001
Civil20014 sections
1. Short title, extent and commencement
Statutory text
- (1) This Act may be called the Kerala Stay of Eviction Proceedings Act, 2001.
- (2) It extends to the whole of the State of Kerala.
- (3) It shall be deemed to have come into force with effect from the 18th July, 2001 and shall be in force till the 30th March, 2003.
2. Interpretation
Statutory text
Unless the context otherwise requires, words and expressions used in this Act shall have the meanings respectively, assigned to them in the Kerala Land Reforms Act, 1963 (1 of 1964).
3. Stay of Eviction Proceedings
Statutory text
- (1) Notwithstanding anything to the contrary contained in the Kerala Land Reforms Act, 1963 (1 of 1964), or in any other law for the time being in force or in any judgement, decree or order of any Court or in any proceedings of the Land Tribunal, the Taluk Land Board, the State Land Board or any other authority during the period of operation of this Act, (a) No cultivating tenant or small holder who holds or possesses any land by way of assignment or otherwise as purchaser for consideration evidenced by registered document or otherwise and which is subsequently found as excess land to be surrendered under the provisions of the Kerala Land Reforms Act, 1963 (1 of 1964), shall be evicted from, or dispossessed of such land; and
- (b) all proceedings for such eviction or dispossession pending before any Court, Tribunal, Board or other authority referred to above, shall stand stayed.
- (2) Notwithstanding the expiry of the Kerala Stay of Eviction Proceedings Act, 1999 (26 of 1999) due to the cessation of operation of the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001), anything done or any action taken after such expiry and before this Act come into force by any Court or the Land Tribunal, the Taluk Land Board, the State Land Board or any other authority to evict or dispossess such cultivating tenant or small holder from such land shall be invalid.
- (3) The expiry of the duration of the Kerala Stay of Eviction Proceedings Act, 1999 due to the cessation of operation of the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001) shall not adversely affect any right or privilege acquired or accrued by such cultivating tenant or small holder under the said Act.
4. Repeal and Saving
Statutory text
- (1) The Kerala Stay of Eviction Proceedings Ordinance, 2001 (32 of 2001) is hereby repealed.
- (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have done or taken under this Act.
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