LexThe Kannan Devan Hills (Resumption of Lands) Act, 1971 (No.5 of 1971)
Kerala · state statute
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THB KANNAN DEVA~ HILLS (RESUMPTION OF LANDS)
ACT, 1971
(Act 5 of 1971)
CONTENTS
Preamble.
Sections ..j-,
1. Short title. commencement and appl1cat10n
2 DefinitiOns
3 Vestmg of possessiOn of certam lands
4. RestoratiOn of possessiOn of lands m certam ca!>es.
5. Temporary arrangements pendmg restoratiOn
6. DemarcatiOn of boundanes
7. DecisiOn of disputes regardmg vestmg
8 No compensatiOn to be payable for vestmg
9 Assignment of lands
10. EvictiOn of persons m occupatiOn on the appomted day
11. Trespass afie:- appomted day.
12 Powers of Land Board and Collector.
13. Right to use pnvate way
14 Bar of JUnsdiCtiOn of CIVIl courts '-A1' 15. Indemmty ~
16. Cogmsance of offences
17, Savmg of certam nghts
18 Power to remove difficulties.
19 Power to make rules
20. Repeal and savmg.
THE KANNAN DEVAN HILLS (RESUMPTION OF LANDS}
ACT, 1971 *
(Act 5 of 1971)
An Act to provide for the resumption of lands other than
plantations in the Kannan Devan H1lls village in the
Devico]am tah1k of the Kottayam district and for the
distribution of such lands for cultivation and
purpo':les anc11lary thereto
Preamble.-WI-IEREAS the lands compnsmg the enttrc
revenue village of Kannan Devan Hills m the Devicolam
*Published m the C:nette Extraordmary, No. 2!9, dated 2•nd
April, 1971.
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tnluk of the Kottayam district had been given on lease by
the then Poonjar Chtef to late Mr John Daniel Munroe of
London and Peermade on the 11th day of July, 1877, fot
coffee culttvatwn;
AND WHEREAS the nght, tttle and
lt>ssor had been assumed by the former
Travuncore ;
interest of the
Government of
AND WHEREAS by such assumption the lands have be
come the property of the former Government of Travancore :
AND WHEREAS the Government of Kerala have be
come the successor to the former Government of Travancore ;
AND WHEREAS large extent of agncultural lands m
that vtllage has nol been converted mto plantations or ut1llsed
lor purposes of plantatiOn and such lands are not reqmred
101 the purposes of the ex1stmg plantatiOn ;
AND WHEREAS the Government constder that such
u:(ncultural lands should bE resumed for the distnbutJOn there
c.! for cultivatiOn and pui poses ancillary thereto;
BE It enacted in the Twenty-second Year of the Re
pubhc of India as follows -
1 Short title, commencement application-(1) This
Act may be called the Kannan Devan Hills (ResumptiOn of
Lands) Act, 1971.
(2) It shall be dcc~med to have come mto force on the
'!lst day of January, 1971.
(3) It applies to the lands compnsmg the revenut·
vtllage of Kannan Devan Hills m the Dev1colam taluk of the
Kottayam distnct
2 Definitions·-In this Act, unless the context other
wt~e reqmres,-
(a) "appomted day'' means the 21st d8y of January,
1971 :
(b) "bmldmg" shall not mclude a temporary shed ;
(c) "Collector'' means the DistncL Collector Kottayarn,
or any other officer not below the rank of a Distnct Collector
o.~ppomted by the Government, by notificatiOn m the Gazette,
to e9Cercise the powers and perform the functiOns of the
('ullector under 'this Act;
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(d) "Land Board'' means the Land Board constituted
under section 100 of the Kerala Land Reforms Act, 1963
(1 of 1964);
(e) "lessee" means a person in possesston of any land
situate in the Kannan Devan Hllls vtllage m the Devtcolam
taluk of the Kottayam dtstnct, who has denved the nght tf'
such possession by means of a document executed by late
Mr. John Dame! Munroe of London and Peermade or any
person claimmg through him or any person clatmmg unde:
or through any of the successors-m-mterest of the said
Mr. John Damel Munroe;
(f) "plantatJOn" means any land used by a person
principally for the culttvatwn of tea. coffee, cocoa, rubber,
cardamom or cinnamon (heremafter referred to as "planta
twn crops'') ;
(g) "prescnbed" means prescrt bed by rules made
under this Act.
3 Vesting of possession of certain lands.-(1) Notwtth
stan:lmg anythmg contatr.ed m ·any other law for the hme
bemg m force, or m any contract or other document, but
subJect to the prov1s1ons of sub-sections (2) and (3), w1th
effect on and from the appointed day, the possesston of all
lands situate m the Kannan Devan H11ls vtllage m the
Dev1colam taluk of the Ko:ttayam d1stnct shall stand
tranr I erred to and ve5t m the Government free from all en
cumbrances, and the nght, title and mterest of the lessees
and all other persons, mcludmg nghts oi mortgagees and
holders of encumbrances, 111 respect of such lands, shall
stand extingu1shed
(2) Nothmg containE.'d in sub-sectwn (1) shall apply
in respect of-
(a) plantations other than plantations belonging to
trespt.ssers ,
(b) bmldmgs, other than bmldmgs beloflgmg to
trespassers, and lands appurtenant to, and necessary for the
convement enjoyment or use ol, such bmldmgs,
(c) play-g,·ounds and bunal and burnmg grounds ,
and
(d) lands m the possesswn of the Central GD;~ern
ment or any State Government or the Kerala State Elec
tnclty Board
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(3) Nothing contained in sub-section (1) shall apply in
respect of :-;o much extent of land held by a lessee under hie;
pers~nal culhvatwn as IS With1:1 the ce1lmg limit apphcable
to h1m under any law for the time bemg in force or any
buildmg or structure standmg thereon 01 appurtenant thereto.
4. Restoration of possession of lands in certain cases.-(1)
Where the person in possessiOn of a plantatwn considers that
any land, the possessiOn of wh1ch has vested m the Govern
ment under sub-sectwn (1) of sectiOn 3,-
(a) IS necec;sary for any purpose ancillary to the
cultivatwn of plantation crops m such plantatiOn or for the
preparation of the same for the market , or
(b) bemg agricultural land interspersed w1thm the
boundanes of the area culttvated w1th plantatwn crops, is
necessary for the protection and efficient management of
such cultivation; or
(c) 1s neces!;aiy for the preservation of an ex1stmg
plantation, he may, wtthin stxty days from the date of
pul.Jhcalion of this Act m the Gazette, apply to the Land
Board for the restoration of possesston of such land.
(2) An apphcatwn under sub-sectwn (1) shall be m
such form as may be prE.scnbed
(3) On receipt of an apphcahon under sub-sectwn (1}.
1 he Land Board shall, after gtvmg the applicant an oppor
t umty of bemg heard and after such mqUiry as 1t deems
neces~ary, by order detet mine the extent of land necessary
for the purpose or purposes specified m the application, and
·.\.ch order shall he fin31.
(4) As soon as may be after determmmg the extent of
land necessary for the purpose or purposes specified in the
appltcatwn under sub-sr:ctJon (1}. the Land Board shall cause
-.uch land to be demarcated and put the applicant m posses
<>ton of such land
(5) Any person put m possessiOn of any land under
ub-sectwn (4) shall be entitled to possess that land on the
· une tetms and subject to the same conditions on or subJecL
to which he was holdmg such land ImmedJately before the
.1ppomted day
• 5 T<'mpm·ary aJ rangements pending
durmH the penod after the appomted day
restoration.-If,
and before the
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restoration of possession of any land under section 4, the Collector
1s sat1sfied on representatiOn or otherwtse that the person 111
possession of a plantation 111 any area to whtch thts Act
applies 1s likely to be put to hardshtp in the management of
the plantatiOn on account of the vestmg of possessiOn of any
land under sub-section (1) of sectwn 3, the Collector shal'
take such measures and make such arrangements as he de~ms --{
fit for removing the hardship dunng such penod ·
Prov1ded that If the person m possessiOn of the planta
tion does not apply to the Land Board undet· section 4, or
the Land Board determmes under that sectiOn that such
person is not entttled to restoratwn of possessiOn of any land,
any arrangement· 1f already made by the Collector shall be
discontinued w1th eftect from the date on whtch the penod
for makmg the apphcatwn exp1res or the date of determ.na
twn by the Land Board, as the case may be.
6 Demarcation nf boundaries.-(!) As soon as may 'be
after the appomted day, the Collector shall cause the
boundanes of each parcel of land, the possessiOn of whtch
has vested m the Government under sub-sechon (1) of sectwn
3, to be demarcated
(2) As soon as may be after the clemarcahon of the
boundanes of a parcel of land under sub-sectiOn (1), the
Collector shall publ1:;h a notification m such manner as rr.ay
be prescnb.:d specJfy1'1g the extent, tdenltty and such other
parttculars as may be prescnbed of such land
(3) Where the possessiOn of a portwn of a parcel of
land JS restored under sectiOn 4, or the alteratwn of the
boundanes of a parcel of land ts necessary consequent on the
order of the Land Board under sectwn 7, the Collector shall
cause the bounddnes of the remammg portion of <>uch parcel
of land or such parcel of land, as the case may be, to be re
demarcated and shall also publish a nollficatwn of such
re-demarcatwn under sub-sectwn (2)
7. Decision of disputes regarding vesting.-(1) If any
question anses as to whether the possessiOn of a parcel of _.f-
land or a portwn of a parcel of land has vested m the Govern-
ment under sub-sectiOn (1) of sectiOn 3, such questiOn shall
be referred by the Collector to the Land Board for dectswn
(2) As soon as may be after the rece1pt of a refer~nce
under sub-sectwn (1), the Land Board shall, after gtvmg th~
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persons interested an opportunity of being
such mqwry as It deems necessary, decide
such decisiOn shall be final
heard and after
the questwn, and
(3) Notwithstandmg the reference of a questwn to
the Land Board under sub-sectwn (1), the Collector may, 1f
he 1s sat1sfied that the possessiOn of such parcel of land or
portwn has vested m the Government under sub-sect10n (1)
of sectwn 3, cause the boundanes of such parcel of land to
be demarcated as 1 f the possess ton thereof has vested m the
Government under that sub-sectiOn
Provided that tf the Land Board decides that such
parcel of land or portwn has not vested m the Government
under sub-section (1) of sectwn 3, the Collector shall, as soon
as may be, restore possessiOn of such parcel or portwn, as the
case may be
8 No compensation to be payable tor vesting.-Notwilh
standmg anythmg contamed m any law for the time bemg m
force, or m any cunti act or other document, no compensatiOn
shall be payable for the- extmgwshment under sub-sectiOn
(1) nf sectton 3 of the nght, title and mterest of the les5ee<>
or other persons or oi the nghts of mortgagees or holders of
encumbrances
9. Assignment of Iands.-(1) The Government shall,
after reservmg such extent of the lands, the possesswn of
which has vested m the Government under sub-sectwn (1)
of sectiOn J (other than lands, the possessiOn of which has
b.een restored under sectwn 4), as may be necessary for pur
poses du ected towards the promotion of agnculture or the
welfai e of the agncultural populatwn to be settled on such
lands, assign on registry the remammg lands to agncultunst.>
<1nd agnculturdl lal:xurers m such manner. on such terms
and subJect to such cnndttlons and restnctwns, as may be
prescnbed
(2) The Government may, by notJfi.catwn m the
Gazette, deiegate then· power of asstgnment under sub-sec
tion (1) to the Collector, subject to such restnct10ns and
control as may be specified m the notification
10 Eviction of per~ons in occupation on the appointed
day.-(1) The Collector or any officer authonsed by him m
that behalf may summanly evict any person m occupatiOn
of 311y land, the possesswn of which has vested m the
Government under sub-sectwn (1) of sectiOn 3.
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(2) Notwithstandmg anythmg contamed in any other
law for the time bemg m force, the Collector or the officer
authonsed under sub-section (1) may, for the purposes of
that sub-sectiOn, use such force as he deems necessary.
11 Trespass aft{'r appointed day .-(1) It shall not be
lawful for any person to enter upon any land, the possesswn .-(
of whtch has vested m the Government under sub-~ec 1 10n ( 1)
oi section 3. so long as It IS m the possessiOn of the Gov~rn-
ment, w1th mtent. to occupy such land or to cut •JI' remove
any trees standmg thereon, without the permJsswn oi th~
Collector or any officer authonsed by the Collector m that
behalf.
(2) Wtthout preJudice to any penalty under sub-
5ectwn (4), the Collector or any officer authonsed by h1m m
that behalf may summanly evict any person who contra
venes the provisiOnS of sub-sect ton ( 1) and may confiscate or
demolish any bUJldmg, shed or other structures put up on
such land
(3) Notw1thstandmg anythmg contained m any other
law for the hme bemg m force, the Collector or the officer
au• honsed under sub-sectwn (2) may, for the purposes of
that sub-sectwn, u~e such force as he deems necessa1 y
( 4) If any person contravenes the proviSIOn'> of st.:b
sectwn (1), he shall be pumshable w1lh 1mpnsonment for a
term wh1ch may extend to sb.. months, or w1th fine whtch
may extend to one thousand rupees, or w1th both
12 Powers of Land Board and Collector.-(1) The Land
Board and the Collector shall, for the purpose of exerc1smg
any power conferred by or under th1s Act, have all th,•
powers of a Civil court wh1le trymg a SUit under the Code o i
C1vll Procedure, UJ08 (Central Act 5 of 1908). m respect ol
the followmg matkrs, namely -
(a) summomng and enforcmg the attendance of any
pe1son and exammwg h1m on oath ,
{b) requmng the dtscovery and product 1011 of an:;
document ,
(c) rece1v1!1g ev1dence on affidavit,
{d) ISSUing commissiOns for the exammat10n • of
w•tnesses or for local mvestJgation ;
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(e) inspecting any property or thing concerning
whiCh any dectswn has to be taken ; and
(f) any othe.· matter whtch may be prescnbed ;
(2) The member of the Land Board or, where the
Land Board conststs of more than one member, any member
of the Land Board, the Collector and any person authonsecl
m that behJli by the L.:md Boatd or the Collector may enter
upon any J,md, the pos~e~::,ton of v. htch has not vested 111
the Government under sub-sectiOn (1) of sectwn 3, to do any
act necessary lor carrymg out the purposes of thts Act, and
tt shall not be lawful for any person to obstruct such mem
ber or the Collector or the person so authonsed from enter
mg upon such land or domg dny act nece~sary for carrymg
out the purposes o( thts Act
(3) Any pet son who contravenes the proviswns of sub
seclwn (2) shall be puntshable wttl't tmpnsonment for a term
whtch mdy extend to SIX months, or wtth fine whtch may
extend to one thousand 1 upees, or wtth both
13 Right to u<;c private way.-( 1) Any officer of the
Government exerctsmg any power or performmg any func
tion under thts Act or any rule or order made thereunder
shall, m the exerctse of such power or the performance o[
such functwn be enhtled to use any pnvate way m any land.
the possessiOn of whtch has not vested m the Government
under ~ub-sect10n (1) of sechon 3, and 1t shall not be lawfu,
fc>1 any person to ob:::.truct ~uch officer from so usmg such
way
(2) Any member of the publtc shall be enhtled to use
,my pnvate way m any land, the possession of which has not
\est eel m the Gover·1ment under sub-section ( 1)
of sectton 3, for the pu1pose oi entry mto or extt from any
land. the J)O~se<;ston of which has vested m the Government
under the said sub-sectwn. and It shall not be lawful for
any person to obstruct anv member of the public from usmg
such way for such purpose.
(3) If any person contravenes the prov1stons of sub
sectton (1) or wb-sectwn (2), he shall be pumshable With
Impnsonment for a ter.n wh1ch may extend to stx months.
or "mth fine which !'l"a:v extP.nd to one thousand rupees, or
wtth buth
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14. Bar of jurisdiction of civil courts.-No civil court
shall have JUnsdtctwn to settle, dectde or deal w1th any
quest10n or to determme any matter whtch 1s, by or under
thts Act, requtred to be settled, dectded or dealt Wtth or to
be determmed by the Government, the Land Board, the
Collector or any other officer
15. Indemnity.-No smt, prosecutton or other legal
proceedmgs shall he agamst the Government or the Land
Board or the ColJ.ector or any other officer or person fM
anythmg m good fatth done or mtended to be done under
th1s Act or any rule or order made thereunder.
16. Cognisance of offences.-Notw1thstandmg
contamed m the Code of Cnmmal Procedure, 1898
Act 5 of 1 B98). all offences pumshable under th1s
be cogmsable.
anythmg
(Central
Act shall
17 Saving of certain rights.-(1) For the removal of
doubts, 1t 1s hereby declared that nothmg m th1s Act shall
affect the ngh't of the Kannan Devan Hills Produce Company
L1mtted or any person authonsed by It to enter upon any
land, the possessiOn of which has vested m the Governmen1
under sub-section (1) of sectiOn 3, for purposes connected With
the transmiSSion, supply or use of electncal energy mcludmg
mamtenance and repa1r of any electnc supply hne or any
works connected thereVvlth or the mamtenance and repair of
any telephomc communicatiOn hnes or posts
(2) Nothmg m this Act shall affect the nght of ·•ny
lessee or any person authonsed by h1m to enter upon any
l3nd, the possessiOn of wh1ch has vested m the Government
under sub-section (1) of sectiOn 3, for the purpose of entry
mto, or ex1t from, any land, the pc!>sessiOn of wh1ch has not
vec;ted m the Government under the sa1d sub-sectiOn
18 Power to remove difficulties.-If any dd'ficulty anse5
m g1vmg effect to the proviSI0ns of this Act, the Govern-
ment may, as occasiOn may require, by order do anythmg --ti.,_
not mconsis1ent With such provisions, wh1ch appears to ._,r
them necessary for the purpose of removmg the dd'ficulty.
1 q Power to make rules.-( 1) The Government may, by
notificatiOn m the G<:~:ette, make rules to carry out the ~r
poses of thts Act.
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(2) Every tule made under th1s Adt shall be latd as
<;oon dS may be after It IS made before the Legtslatlve
i\ssembly whlle 1t 1" m session for a total penod of fourteen
day<> whtrh may be compnsed m one sesswn or m two
successtve sess10ns, anti 1l before the exptry of the se:;.;ic•n
m wh1ch 1t 1s so latd or 1he sesswn 1mmedtately follo,vm!!
the Leg1sla\we Assembly makes any modtficatwn m the rule
or dec1des thdt the rule should not be made, the rule shall
the1 eafter hav.:> effect 0nly m such modtfied form or be o L no
effect, as the case may be, -;o however that any such modi
fica\ 1on or annulment shall be wtthout preJudice · to th\:0'
va!Jd1ty of anythmg prevwusly done under thdt rule
:20 Repeal and saving.-(1 l The Kannan Devan Htlls
(Re<,umptwn of Lands) Ordmance, 1Y71 (3 of 1071), IS hereby
1 ~P~'<' led
(2) Notw1thstandmg such repeaL anythmg done or
any actiOn taken under the SdJd Ordmance shall be deemed
to have been done or token under thts Act
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