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The Kanam Tenancy Abolition Act, 1976 (No.16 of 1976)

Kerala · state statute
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69 
THE KANAM TENANCY ABOLITION ACT, 1 't"tf) 
(Act 16 ot 1976) 
CONTENTS 
Preamble. 
Sections 
1. Short title, extent and commencement. 
2. Defimtwns. 
CHAPTER II 
Abolition of J enmikaram 
3. Jenm1karam to be abohshed 
4. Amount pdyable for extmgUishment of right to receivf' 
Jenm1karam 
5. Mode of payment of amount due under sectiOn 4 (1). 
6 Intenm payment 
7 Proceedmgc; relatmg to assessment and payment of 
dmounts to he before the Settlement Officer 
8 Jenm1karam register presumed to descnbe correctly 
the nght t1tle and mterest of the Jenmi and Kanam 
tenant 
9 Rolls to be prepared by the Settlement Officer 
10 Publication of draft roll 
11. Orders of Settlement Officer to be deemed to be decreec; 
of civil court 
12 CorrectiOns to the final rolls 
13 Payment of amount or annUity. 
14. Payment of amount or annuity to be full discharge of 
the habihty to pay jenm1karam 
15 CollectiOn of arrears · 
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CHAPTER III 
Recovery from Kanam Tenants of the amount 
paid to J enmies 
16 Kanam tenant liable to pay compensatiOn. 
17. Compensatwn recoverable m s1xteen mstalments. 
18 Payment of compensat1on to the nearest Treasury. 
19. Condonatwn of default 
20. Obligation of transferor and transferee to g1ve not1ce 
of transfer 
21 Kanam tenant's hab1hty to pay compensatiOn m case 
of dlv1s1on of holdmg. 
22 Compensation recoverable under the Revenue Recovery 
Act 
CHAPTER IV 
Miscellaneous 
23 Settlement Officers 
24 Powers of Settlement Officer 
25. Protectwn of dctJOn taken under the Act. 
26 Bar of JUriSdiCtiOn of c1v1l courts 
27 Rates of commutatwn 
28 Power to remove dlf'ficultJes 
29 Power to make rules 
30 Amendments to Act 1 of 196.f 
31 Repeal and savmg. 
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71 
THE KANAM TENANCY ABOLITION 
ACT, 1976• 
(Act 16 of 1976) 
An Act to provide for the abolition o{ the intermedtary ri~ht!> 
of jenmies in lands held by kanam tenants in the Cochin 
area of the State 
Preamble.-WHEREAS under the Kanam Tenancy Act, 
1955 the kanam tenants m the Cochtn area of the Stale of 
Kerala are liable for the recurnng and penodical payment of 
Jenmtkaram to thetr Jenmtes, 
AND WHEREAS such Jenmtes are mtermedtarte~ between 
the State <tnd the culhvators and theu· rtght to rece1ve 
Jenmik.lram 1s a nght 111 land , 
AND \VHEREAS 1t ts cons1dered necessary to abolish !>uch 
mtermediary nght and to confer on the l<:anam tenants full 
propnetary nghts ove·r the1r holdmgs , 
BE It enacted Ill the Twenty-seventh Year oJ the Republic 
ol India as follo'.v s -
1 Short htle, extent and commencement.-(!) Th1c:; Act 
mc>y be c:JlleJ the Kanam Tenancy AbolitiOn Act, 1 C)76 
(2) It e>.. tend~ to the whule of the Cochm area of the 
Statt: of Keraia 
(3) lt shall be deemed to have come mto lot ce on the 
1st day of January, 1970 
2 Detimtwm.-In thts Act, unless the context otherwtse 
reqUires.-
( a) "appomted day" means the 1st day of January, 1970; 
(b) "Cochm area" means the area compnsmg-
(•) the p01 hun ot the State oi Kerala whtch befor<> 
the 1st day of July. 1 C)49. formed the State of Cochm excludmg 
the enclaves absorbed m the Malabar dtstnct under the 
Provmces and States (AbsorptiOn of Enclaves) Order, 1950: 
and 
---------------------------------* Rccetved the assent of the Prestdcnt on the 25th day of March, lil76 
and publtshed m the Kerala Gazette Extraordmary No 193, dated 2;,th 
March 1976 
3/97-6 
72 . . 
{ti) the enclaves which formed part of the Malabar 
distrtcl absorbed m the State of Travancore-Cochtn under the 
said Order, 
(c) the expressiOns "cultivatmg tenant". 'the holder of 
a kudiytruppu" and "wakf'' shall have the meamngc; respectively t' ( 
asstgned to them m the K~rab Land Reforms Act 196:3 (1 of 
1964); 
(d) the expresstons "holding", "1enmt", "jenmtkaram" and 
"kanam" shall have the meanmgs respectively asstgned to 
1hem m the K:=.ncom T<>nancy Act, 1955 (XXIV of 1955), 
(e) the expressiOn "m,;tttutwn of a publtc nature" shall 
mclude a pubhc trust and a wakf, 
(f) "kanarr. tenant" meanc; a person who holds land on 
kanam tenure and mcludes-
(t) the hetr, asstgnee or legal 1 epresentattve of such 
person; or 
(n) a cultlVatmg tenant or holder of a kudtytruppu m 
whom the rtght, tttle and mterest of such person have vested 
under the provisions of the Kerala Land Reforms Act, 1963 
(I of 1964), 
(g) "prescribed' means prescrtbed by rules made under 
thts Act, 
(h) "Settlement Officer'' means the Settlement Officer 
appomted under sect10n 23. 
CHAPTER II 
Abolition of jenmikaram 
3. Jenmikaram to be abolished.-(1) Notwtthstanding 
anything contamed m any law or m any contract. wtth effect 
on and from the appomted day, the Jenmt shall not have the 
nght to receive payment of jenmtkaram and the kanam tenant 
shall have no ltabthty to pay any Jenmtkaram to the jenmt, 
and the nght to rccetve payment of. and the habihty to pay, 
Jenmtkaram shall stand extmguished. 
73 
(2) Every jenmt whose nght to receive payment of 
jenmikaram has been extmguished under sub-section (1) shall 
be entitled to receive and be paid by the Government the 
amount or annmty specified m sectiOn 4. 
4 Amount payable for extinguishment of right to receive 
jenmikaram.-(1) The Government shall pay to every jenmi, 
other than a rehgwus or chantable insbtuhon of a pubhc 
nature, whose nght to recetve payment of jenm1karam has 
been extmgmshed, an amount equal to eight and one-third 
times the aggregate of the annual amount of Jenmikaram 
payable to him Immediately before the appomted day, after 
deductmg a sum equal to five per centum of the said aggregate 
on account of collection charges 
(2) The amount payable under sub-section (1) shall be 
deemed to have accrued due from the appointed day and 
mterest thereon shall be payable at the rate of four and a half 
per centum per annum from the appomted day till the date 
of payment of the amount, m case the amount 1s paid m cash 
or till the date of redemption of the bonds, If the amount is 
paid m Government bonds 
(3) Where the Jemm whose right to receive payment of 
jenm1karam has been extmgmshed IS, at lhe commencement 
of this Act, a rehgwus or chantable insbtutwn of a public 
natue, the Government shall pay to the institution every year 
an amount equal to the balance arnved at after deducting from 
the Jemnikaram which such mstitutwn was entitled to receive 
Immediately before the appomted day, five per centum of such 
jenmik:tram towal'd<o collectiOn chargee; 
Explanatwn.-If any question anses as to whether an 
mst!tut1on IS a rehgwus or chantable mshtuhon of a public 
nature, 1t shall be decided by the Government after such 
mqmry as they deem fit, and their decision thereon shall be 
final 
(4) Notwithstandmg anythmg contained m this section, 
if jenmikaram has been received by or on behalf of any jenm1 
for any period commencmg on the appomted day, 1t shall be 
deducted from and adjusted agamst the amount payable under 
sub-section (1) or sub-sectiOn (3), as the case may be 
3/97-6a 
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74 
5. Mode of payment of amount due under section 4(1).­
The amount payable to a Jenm1, other than a rehgwus or 
chantable mstitution of a pubhc nature, under sub-sectwn (1) 
of sechon -! may be pa1d either m cash or m Government bonds 
carrymg mterest at the rate oi four and a half per centum per 
annum .md redeemable at the exp1rat10n of s1x years from the 
date of 1ssue of the bonds, or partly m cash and partly m such 
bonds, as may be prescnbed 
6 Interim payment.-( 1) Where there IS delay m the 
assessment or payment of the amount payable under sub­
sectiOn (1) of sectiOn 4, or the annuity payable under sub­
sectiOn (3) of that sectwn, the Government may direct payment 
of such amount as may be prescnbed, by way of mtenm relief 
Provided that 1f the amount payable under the sa1d 
sub-sectiun (1) or the annuity payable under the said sub­
sectiOn (3) as the ca~e may be, to a Jenm1 has not been deter­
mmed m accordance Vvith the provisiOns ol thrs Act before 
the expiry of one year from the date of publicatiOn of the 
Kanam Tenancy Abohtwn Ordmance, 1975, m the Gazette, the .... 
Government shall, on the dpphcatwn of the Jenmr concerned, 
d1rect the mtenm pdyment under this sub-sectiOn 
(2) The amount payable under sub-sectiOn (1) shdll be 
paid m such manner as may be prescr 1bed and shall be deemed 
to be part of the amount payable under sub-sectiOn (1) of sectiOn 
4 or the annUity payable under sub-sectiOn (3) of that section a'> 
the case mdy be. and shall be derlucted from and adJusted 
dgamst 1t 
(3) Where there IS a drspute In regard to the nght to 
the amount or annurty payable unde1 sectron 4 or any 
portiOn the1 eof, no mtenm payment shall be made under sub­
section (1) ol th1s sectwn 
7 Proceedmgs relatmg to assessment and payment· of 
amounts to he before the Settlement Officer.-Ail proceedmgs 
relatmg to ciS!>essment of the amount payable under sub­
!"ectwn (1) of sectwn -l or the annUity payable under 
sub-sectwn (;j) of that sectiOn and to the payment of the same 
to the persons enhtled thereto shall he before the Settlement 
Officer wtthm whose junsd1ctwn the holdmg 1s s1tuate. 
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8 Jenmil..aram regi~ter presumed to describe correctiy 
the right, title and interest ot the jenmi and kanam teoant.­
(1) Every entry m the Reg1ster oi Jenm1karams prepared under 
the Kanam Tenancy Act, 1955 and wh1ch IS vahd and effective 
Immediately before the appomted day shall, for the purpose of 
as5essment and payment of the amount or annmty under sectiOn 
':1, be deemed to descnb2 correctly the nght, title and mterest 
of every Jenmi and kanam tenant m respect of the holdmg or 
pa1 t thereof to which It relates 
Provided that any mod1f1cat1on alteration or con ect1on 
made m the regi<>ter m con!>equence of-
(a) a decree or order of any court, or 
(b) a valid transfer ot a holdmg or part of Cl holdmg 
or the nght to receive 1enm1karam. whether by act of parties 
or oy operation of )3w on or after the appomted day and 
before the date of publtcatJOn oi the Kanam Tendncy AbolitiOn 
Ordmance, HJ75, In the Gazetle, 
shall be taken mto account by the Settlement Officer 
(2) Nothmg con tamed m sub-sectwn (1) shall preclude 
the Settlement Officer from correctmg. either on h1s own 
motion or .on the apphcatJOn ol any person mterested a clencal 
or anthmet1cal mistake or error apparent on the face of the 
record. If he 1s satisfied that such a m1stake or error ex1sts m 
any entry m the register 
Provided that no such con ec:'tJOn shall be made without 
g1vmg an opportumty to the party who may be affected thereby 
of bemg heard 
q Rolls to be prepared by the Settlement Officer.-The 
Settlement Officer shall. m the manner prescnbed, prepare a 
draft roll of every JenmJ m respect of his huldmg, showmg-
(a) tht Jerumkaram 111 respect of the holdmg or part 
thereof; 
(b) the ndmes of persons entitled to receive the 
Jenmikdram, 
(c) the kanam tenants hdble to pay t~e Jenm1karam 
111 re~pect of the holdmg or part thereof, 
(d) the amount or dnnmty, as the case may be, 
payable under th1s Act, and 
(e) such other particulars. as may be prescnbed. 
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10. Publication of draft l'Oll.-(1) After the draft roll IS 
prepared under sectiOn 9, the Settlement Officer shall-
(a) publish a not1ce m such manner as may be pres­
cnbed, to the effect that the roll has been prepared and IS open 
to mspechon by any person interested, 
(b) serve or cause to be served on the Jemm and the 
kanam tenant concerned, a notice along w1th a copy of the roll 
(2) The notice under sub-sectwn (1) shall call upon all 
persons mterested. mcludmg members of the famlly of the 
,1enm1 clatmmg dny portwn of the amount payable under sub­
sectiOn (1) of sectiOn 4, whethe1 by way of a share or by way 
of mamtenance or otherwise to appear and hie obiectwns and 
clatms withm such penod as may be prescnbed 
(3) If any ob,1ectwn or claim IS filed withm the lime 
prescnbed, It shall be reg1stered by the Settlement Officer who 
shall fix a date for hearmg the same and shall give mtimdtwn 
to the Jenmi concerned and to any other person mteresled who 
may have appeared m response to the notice under 
su b-sectwn ( 1 ) 
(4) On the date fixed or on any date to which the pro­
ceedmgs are adJourned, the Settlement Officer shall mqwre 
mto and decide the cla1ms and obJectwns 
(5) In hearing and decidmg the obJectwns and cla1ms 
filed under sub-section (3), the Settlement Officer shall, m c;o 
far as they may be applicable. have all the powers of a civil 
court. and, subJect to such modificatwns as may be prescnbed, 
follow the procedure laid down m the Code of Civil Procedure, 
1908, frw the heanng and d1sposal of swts relatmg to 1mmovable 
property 
11 Orders of Settlement Officer to be deemed to be 
decrees of civil court.-(1) The order of the Settlement Officer 
in decidmg dn objectiOn or claim under section 10 or 
apportwnmg the amount payable under sub-section (1) of ~ 
sectwn 4 among the per"ZZns entitled thereto shall be deemed to 
be a decree of a civil c ttrt and shall contam a concise statement 
of the case, the pou 't.s for determmatwn, the deciswn thereon 
and the reasons fot 'uch decision 
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(2) Notw1thstandmg anythmg contamed m any law, any 
person aggneved by an order of the Settlement Officer may 
appeal w1thm 1 h11 ty days oi the rece1pt by h1m of the order to 
the Distnc1 Court havmg ]Urt<sdJct!On over the area m wh1ch 
the holdmg IS s1tuate, and the order of the D1stnct Court on 
such appeal shall be hnal 
12 C01 rections to the final rolls.-Except as prov1ded by 
or under this Act no correctiOn shall be made m the roll after 
It has become fmal, provided that the Settlement Officer having 
JUnsdJctwn for the time bemg may at any tlme before the 
payment of the amount or anmuty, as the case may be, payable 
under section 4, either oi his own motion or on application 
filed by a person mterested, correct dny clencal or anthmetical 
m1stake or any error drt'>lng therem from any acc1dental slip 
or om1sS10n 
Prov1ded that no such correctwn shall be made Without 
g1vmg an opportumty of bemg heard to the party who may be 
affected thereby 
13. Payment of amount or annuity.-(!) The amount or 
o.nnU!ty, as the case may be, payable under sectiOn 4 shall be 
pa1d to the persons whose names have been entered m the roll 
as bemg entitled thPreto 
(2) Where before any court or any authonty any smt or 
proceedmg JS pendmg wh1ch directly or md1rectly affects or 
:1> ltkely to affect the nght of any person to receive the whole 
or part of the amount or annuity. as the case may be, payable 
under sect10n 4. the court or authonty may requ1re the Settle­
ment Officer to place at 1ts disposal the amount or annmty 
so payable. and thereupon the same shall be disposed of m 
accordance With the orders of such court or authonty 
14. Payment of amount or annuity to be full discharge of 
the liability to pay jenmikaram.-The payment of the amount 
or annUity payable under sectwn 4 to the jenmtes or other 
~- persons entttled thereto m the manner prescnbed by or under 
th1s Act shall be a full discharge of the l1ab1hty for payment 
of jenmtkaram and no further drums for jenm1karam or for 
payment of such amount or annuity, as the case may be, 
shall lie. 
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15 Collection of arrears.-(1) All arrears of Jerumkaram 
payable under I he Kdndm Tenancy Act 1 Q55, which accrued 
due from any kanam tenant In1med1dtely bef01 e, and IS 
vutstandmg on the appomted dd} ~hnll be reco' cred a<; 1f th1<> 
Act had nut been passed 
(2) Notw1thstandmg anythmg contamed m sub-sectwn 
(1) or In any JUdgment. decree, or order of court. all such 
arrears as are referred to m that sub-sectwn shall be deemed 
to be fully discharged If the kanam tenant pd) ~ wtthm one 
year from the date of pubJ1cahon of the Kanam Tenancy 
Abohtlon Ordmance }q75. m the Gazetle. an amount equal t'o 
the arrears of Jenm1karam for the one year nnmed1ately 
precedmg the appomted day or the actual an ears uut<>tandmg 
on that day, wh1che' er IS les'> 
CHAPTER III 
Recovery from kanam tenants of the amount pa1d to ienmic .. 
16. Kanam tenant liable to pay compensahon.-(1) The 
Government shall be entltled to collect from each kanam 
tenant and each kdnam tenant shall be hable to pay to the 
Government an amount equal to e1ght and one-th1rd times the 
3enm1karam payable by hrm to his Jenmt, towards compensa­
twn for the extmgmshment by the Government of his bab1hty 
to pay Jenm1karam to hts jenm1 
(2) Notw1thstandmg anythmg contamed m sub-section 
(1), the 1enm1karam. 1f any, pa1d by the kanam tenant m 
accordance \nth the prov1s10ns of the Kanam Tenancy Act. 
1955, for any periOd commencmg on the appomted doy, shall 
be deducted from, and adJusted agamst the compensatwn 
payable by h1m under that sub-sectwn 
(3) The compensatwn recoverable hum the kanam 
tenant shall. <;UbJect only to the pnonty of any tdx or ces!­
payable to the Government, be a first charge on the holdmg 
and shall be recovered from the kanam tenunt m the manne1 
heremafter prov1ded 
17 Compensation recoverable in sixteen instalments.­
(1) The kanam tenant shall be liable to pay to the Government 
79 
the compensatiOn due from h1m under section 16 in sixteen 
equal half-yearly mstalments w1th mterest at four and a halt 
per centum per annum, the first mstalment commencmg from 
->uch date as the Government may not1fy, provided that nothmg 
m th1s sub-sectJOn shall be deemed to preclude a kanam tenant 
from paymg at any tlme a large sum than the amount of an 
Instalment or from paymg the whole amount due m one 
mstalment 
(2) If any sum m excess of the amount of an mstalment 
IS pa1d, 1t shall be cred1ted m reduction of the total amount 
due, the number of future mstalments bemg, 1£ necessary, 
reduced, but no postponement of subsequent mstalments shall 
be perm1tted. nor shall the alterat1on m the amounts of sub­
sequent mstdlmenls allowed except m the hnal mstalment, lf 
such alteratiOn 1s necessary to ddJust the balance due 
(:3) Where a kanam tenaut pays the ent1re amount due 
m a lump sum on the date on wh1ch the first mstalment 1s 
payable, he shall be allowed a rebate of five per centum of the 
amount so pa1d 
18 Payment· of compensation to the nearest Treasury.­
All payments due under section 16 shall be pa1d 1n such manner 
as rr:ay be prescnbed to the cred1t of the Government at the 
nearest Government Treasury or the V1llage Office w1thm the 
JUnsdlctwn of wh1ch the holdmg 1s s1tuate or at such other 
place a!> may be prescnbed 
19 Condonation of dcfault.-The Government may, by 
general or spec1al order notified m the Gazette. for sufficient 
reason postpone the payment of any mstalment of the 
compensation or condone the default m payment of any 
mstalment of the compensatiOn on the due date 
20 Obligation of transferor and transferee to give notice 
of transfcr.-(1) Whenever the title of any person pnmanly 
liable to pay the compensation under sub-sectwn ( 1) of secllon 
16 1s trdmferred, the person whose title 1s transferred and the 
·<>-- person to whom the same 1s transferred shall, w1thm three 
months-
( a) of the executwn of the mstrument of transfer or 
after 1ts reg1strat10n, 1f 1t be reg1stered, or after the transfer 
1s effected 1f no m::.trument be executed, or 
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(b) from the date o£ pubhcdtlOn of the Kandm 'I'endncy 
Abohtion Ordmance, 1975, m the Gazette, 
whichever IS later, g1ve notice of ~uch transfer to the Settle­
ment Officer 
(2) In the event of the death of dny person pnmdnly 't: 
hable a<> aforesaid, the person to whom the t1tle of the deceased 
has been transferred as he1r or otherwise, shall g1,·e notice 
of such transfer to the Settlement Officer w1thm one year of 
the death of the deceased or witlun one year from the date of 
pubhcat1on of the Kanam Tenancy AbolitiOn Ordmance, J fl/5 
m the Gazette, whichever IS later 
(3) The notice to be g1ven unde1 th1s sedwn shall be 
m such torm as may be prescnbed and the tran':>feree or the 
person to whom the title passes, as the case may be. shall, If 
so reqmred, be bound to produce before the Settlement Officer 
any document evidencmg such transfer or successiOn 
(4) Every person who does not give nol1ce of any 
tramfer referred to m sub-sectwn (1) or sub-.,ectJOn (2) m 
accordance w11 h the proviswns of thl'> sectwn shall (m add1t10n 
to any other hab1hty wh1ch he may mcur through such neglect) 
continue hable for the payment of the compensatJon m respect 
of the land transferred unt1l he g1ves such notice or until the 
transfer has been recorcled m the revenue registers. but nothmg 
m th1s sectiOn shall be held to affect the liability of the 
transferee for the payment of the sa1d compensatLOn 
21. Kanam tenant's liability to pay compensation in case of 
division of holding.-(1) Where a holdmg 1s divided after the 
appomted day and before the date of pubhcat1on of the Kanam 
Tenancy Abolition Ordmance, 1975, m the Gazette, the kanam 
tenant shall g1ve not1ce of such divisiOn to the Settlement 
Officer or such other officer empowered m tillS behalf by the 
Government by notificatiOn m the Gazette and the kanam 
tenant shall contmue hable for the payment of the compensa­
tiOn due to the Government unless such notice has been g1ven 
and the necessary entnes fixmg the respechve hab1hbe<; have 
been made m the revenue records m accordance w1th such 
division. 
(2) Where a holding IS d1vJded after the date of 
publication of the Kanam Tenancy Abolition Ordmance. 1975, 
81 
m the Gazette, the kanam tenant shall contmue ltable for the 
payment of compensatiOn due to the Government unless such 
divisiOn JS effected w1th the permiSSIOn of the Settlement 
Officer or such other officer empowered m this behalf by the 
Government by notlficatwn m the Gazette and the necessary 
entnes, fixmg the respective habihtles have been made m the 
revenue records m accordance with the divisiOn 
(3) Nothmg contamed m sub-sectiOn (1) or sub-sectwn 
(2) shall preclude the Government from proceedmg agamst the 
entire holdmg and recovenng the amount due to the Govern­
ment leavmg the parties to settle their claims agamst each 
other between themselves. 
22 Compensation recoverable under the Revenue 
Recover~· Act.-Any amount due to the Government as arrears 
of compensatiOn or otherwise may be recovered under the 
provisions of the Revenue Recovery Act for the time bemg m 
force, as If they were arrears of public revenue due on land 
CHAPTER IV 
Miscellaneous 
23 Settlement Officers.-The Government shall appomt 
as many Settlement Officers as may be necessary from among 
officers not below the rank of Tahs!ldar, for the purpose of 
exerc1smg the powers and performmg the functwns of a 
Settlement Officer under this Act. 
24 Powers of Settlement Officer.-The Settlement Officer 
shall have all the powers of a Civil court while trymg a su1t 
under the Code of Civil Procedure, 1908, m respect of the 
followmg matters, namely -
(a) summonmg and enforcmg the attendance of any 
person and exammmg h1m on oath, 
(b) requmng the discovery ~nd productiOn of any 
document, 
(c) rece1vmg evidence on affidavit, 
""11--- (d) Issumg commiSSions for the exammatwn of witnesses 
or for local mveshgatwn , 
(e) requisitiOmng any public record or copy thereof 
from any court or office ; and 
(f) any other matter whtch may be prescnbed. 
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25 P1·otection of action taken under the Act.-No suit, 
prosecutwn or other legal proceedmgs shall lie agamst th(: 
Government or any officer for anythmg m good fa1th done or 
mtended to be done under th1s Act or the rules or order'> made 
thereunder ' 
26 Bar of JUlisdiction of civil courts.-No c1vll court 
shall have Junsdictwn to settle, decide or deal w1th any 
questwn or to determine any matter wh1ch 1s by or under th1s 
Act required to be settled, decided or dealt w1th or to be 
determmed by the Settlement Officer or any other authonty 
27 Rates of commutation.-Where the Jenm1kardm or 
any portwn of 1t consists of paddy or other commod1ty, 1t shall 
be commuted mto money value, and for the purpo<>es ot th1s Act 
the commutatwn rates for any commodity shall be the rates 
specified for that commod1ty m the notificatiOn 1~sued by the 
Government under sectiOn 49 of the Kanam Tenancy Act, 1!:155 
and wh1ch IS m force 1mmed1ately before the appomted day. 
28 Power to remove diflicuHies.-If any difficulty anses 
m g1vmg effect to the prov1swns of th1s Act, the Government 
may, as occaswn may reqUire, by order, do anythmg not 
mcons1stent w1th the prov1s10ns ot th1s Act, wh1ch appears to 
them to be necessary for the purpose of removmg the d1fficulty. 
29 Power to make rules.-(1) The Government may, by 
nohficatwn m the Gazette, make rules for the purpose of 
carrymg mto effect the provisiOns of th1s Act. 
(2) In particular, and without preJUdice to the generality 
of the foregomg power, such rules may prov1de for-
(a) all matters expressly required or allowed by tlus 
Act to be prescnbed, 
(b) the proportwn m which the amount payable under 
sub-sectiOn (1) of sechon 4 may be pa1d m cash or m bonds, 
(c) the extent and manner of mtenm payments under 
sectwn 6, 
(d) the manner m wh1ch rolls have to be prepared 
under sectwn 9 , 
(e) the hme w1thm wh1ch obJectwns and claims have 
to be filed under sub-sectwn (3) of sectwn 10, 
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' 
83 
(f) the fees to be pa1d m respect of apphcatwns and 
appeals under this Act. 
(3) Every rule made under this Act and every order 
Issued under sectwn 28 shall be la1d as soon as may be after 
It Is made or Issued before the Legislative Assembly while It 
IS m sessiOn for a total penod of fourteen days which may be 
compnsed m one sess10n or m two successive sessions, and 1f 
before the expiry of the sessiOn m which It 1s so la1d or the 
session Immediately followmg, the Legislative Assembly makes 
any modihcatwn m the rule or order or decides that the rule 
or order should not be made or Issued, the rule or order shall 
thereafter have effect only m such modified form or be of no 
effect, as the case may be , so however that any such modifica­
tion 01 annulment shall be Without preJUdice to the vahd1ty 
of anythmg prevwusly done under that rule or order 
30 Amendments to Act 1 of 1964.-In the Kerala Land 
Reforms Act, 1963 (1 of 1964),-
(a) m sectwn 2,-
(I) m clause (22), the proviso shall be omitted ; 
(n) m clause (40), sub-clause (c) shall be omitted; 
(b) m sectwn 30A, after the words, figures and letters 
''the 1st day of May, 1966'', the words and figures "and before 
the commencement of the Kanam Tenancy Abohtwn Act, 1976" 
shall be mserted , 
(c) m sectwn 72R, m sub-sectiOn (1), before the words 
"and the J...anam tenant shall have no habilLty to pay such 
1enm1karam , the words and figures ''until the commencement 
of the Kanam Tenancy Abohtwn Act, 1976'', shall be mc;erted, 
(d) m sect1on 112, sub-sectlon (6) shall be omitted, 
(e) m c;ectwn 11-!, sub-sectiOn (3) c;hall be omitted 
31 Repeal and saving.-(1) The Kanam Tenancy Act, 
1 9!15 (XXIV of 1955) and the Kanam Tenancy Abolition 
Urdmance, 1975 (21 of 1975), are hereby repealed 
(2) Notwithstandmg the repeal of the Kanam Tenancy 
Abohtwn Ordmance, Hl75 (21 of 1975), by sub-sectwn (1), 
anythmg done or any actwn taken under that Ordmance shall 
be deemed to have been done or taken under this Act. 

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