LexThe Kerala Prevention of Eviction Act, 1966 (President's Act No.12 of 1966)
Kerala · state statute
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THE KERALA PREVENTION OF EVICTION ACT, 1966
(President's Act No. 12 of 19GG)
Preamble.
Sections
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
CoNTENTS
Short title, extent and commencement.
Definitions.
Prevention of eviction.
Pehalty for eviction.
Cultivating tenants, etc., entitled to re,torntion of possession.
Prevention of eviction of cultivating tenn11ta, rtc., who are
not members of any Scheduled Caste or Scheduled Tribe .
Cultivating tenants, etc., entitled to restoration of possession.
Stay of suits or other proceedings for eviction.
Jurisdiction.
Protection to persons acting in good faith under this Act.
Saving of other Ia ws .
Power to make rules.
Amendment of the Kerala Land Reforms Act, 1963.
Savings.
THE KERALA PREVENTION OF EVICTION ACT, 1966 •
(No. 12 of 1966)
ENACTED BY THE PRESIDENT IN TIIR SEVENTEENTH YEAa OF THE
REPUBLIC OF INDIA •
An Act to provide for the prevtniton of evictio11 of cultivating tenants, holders of
K udiyiruppus and K udtkidappukars from their holdings, K udiyiruppus or
Kudzkidappus, as the case may be, in the State of Ktraltl and for the
restoration in certain cases of the possession thereof and for mathrs con
nected therewzth.
In exercise of the powers conferred by section 3 of the Kerala State
Legislature (Delegation of Powers) Act, 1965 (12 of 1~65), the P1esidcnt
is pleased to enact as follows:-
1. Short title, extent and commencement.-(l) This Act may be called
the Kerala Prevention of Eviction Act, 1966.
(2) It extends to the whole of the State of Kcrala.
• Published m the Kerala Gazette: Extraordiuary No. 93, dnrrd lllh Novembc:r,
1966.
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(3) It shall come into force on the date of its first pu~,lication in
the Kerala Gazette.
2. Defmitzons.-In this Act, unless the contextotherwise"requires,
(a) the terms "cultivating tenant", " eviction", " holding",
'kudiyiruppu ", "kudtkidappu " and " kudikidappukaran " shall
have the meanings respectively assigned to them m the Kerala Land
Reforms Act, 1963 ( Kerala Act I of 1964) ;
(b) " Revenue Divisional Officer" means the Revenue Divi
sional Officer holding charge of a Revenue Division and includes a
Deputy Collector specifically appointed by the Government in this
behalf;
(c) " Scheduled Castes" means the Scheduled Castes in relation
to the State as specified in the Constitution (Scheduled Castes) Order,
1950;
(d) " Scheduled T;tbes" means the Scheduled Tribes in
relation to the State as specified in the Constitution (Scheduled Tribes)
Order, 1950.
3. Preventzon of eviction.-Notwithstanding anything to the con
trary contained in any other law or in any contract, custom or usage
or in any judgment, decree or order of court, no person shall evict or
attempt to evict a cultivatmg tenant or holder of a kudiyiruppu or
kudikidappukaran. from his holding, kudiyiruppu or kudikidappu if
such tenant or holder IS a member of any Scheduled Caste or Scheduled
Tribe:
Provided that nothing in this section shall apply to-
(i) lands or buildings or 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 m India or the Government of India ;
(u) any lea~e of land or building or both granted by the Admi
nistrator-General, Official Trustee or Official Receiver.
4. Pmalty for evutzon.-Any person who contravenes the provisions
of section 3 shall be punishable with rigorous impnsonment for a term
which may extend to one year, or with fine which may extend to two
thousand rupees, or with both.
5. Cultwatwg tenantJ, etc., entitled to restoratzon of possesszon.-(1)
Any cultivating tenant or holder of a kudiyiruppu or kudikidappukaran,
who is a member of any Scheduled Caste or Scheduled Tnbe and who
has been, evicted from his holding, kudiyiruppu or kudikidappu, on or
after the 1st April, 1964, shall be entitled to restoration of possession
of his holding, kudiyiruppu or kudtkidappu, as the case may be.
(2) Any person who IS entitled to be restored to possession 'of his
holding, kudiyiruppu or kudikidappu under sub-section (I), or any
other person on his behalf, may make an application, either orally or
in writing, within a period of one year from the commencement of thts
Act, or as the case may be, from the date of evtction, whichever is
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later, to the Revenue Divisional Officer having jurisdiction over the
area in which the holding, kudiyi1uppu or kudikidnppu, as the case
may be, of the applicant or the p<'rson on whose behalf the application
has been made is sltuate, for-
(a) the restoration of pos,e~sion in cas<'s where the eviction
was made after the 1st April, 19n4, but before the 5th July, 1966; and
(b) the restoration of possl',sion and prosr-cution of the offender
in cases where the eviction was on or after the 5th July, 1966.
(3) Tre Revenue Divis~onnl Officer shnll, ou receipt of an
application under sub-section (2), ml\ke or came to uc made necc.'ssary
inquiries in respect of !UCh application and if lw i~ sat isfif'd that the
applicant or the person on whose hl'half the applic.1tion has !Jeen made
is entitled to restoration of possession under su!J.qcc:t ion ( l), he shall by
order direct the person in possesqion of the holdin~, kudiyiruppu or
kudikidappu, as the case may !Je, to deliv<'r posst'qqion of the the same
to the applicant or to the person on whose behalf' the application has
been made within a period of thirty days from the liate of service of
the order:
Provided that if the application is ma1le uuder clause (b) of sub
section (2), the Revenue Divisional Officer shall nlso 11le a complaint
before the First Class Magistrate having jurisdiction to try the offence
under section 4 :
Provided further that no 01 dcr under this sub-section shall be made
unless the person who is in possession of the property has heen given an
opportunity of being heard in the matter.
(4) Every order made under sub-section (3) shall be served on
the person for whom it is intended -
(a) by delivering or tendedng it to that person ; or
(b) if it cannot be so delivered or tendered by delivermg or
tendering 1t to any agent of such pt'rson or any ndnlt male member of
the family of such person, or by affixing a copy thereof on the outer
door or on some conspicuous part of the premises in which that person
is known to have last resided or c:u1 ied on businc,s or personally worked
for gain ; or failing service by these means ; 01
(c) by registered post.
(5) Any person aggrieved hy an order of the Revenue Divisional
Officer under sub-section (3) may, within a period oft hirty days from
the date of service of the order, prcfi:r an appeal to the Collector of the
d•strict and the decision of the Collector on such appeal shall be final.
(6) Where an order made under sub-~ect inn (3) has not been
complied with, and-
(a) no appeal has been p1 efcrred within the time allow~ for
such appeal ; or
(b) an appeal having been preferred, haN been dismissed,
the Revenue Divisional Officer shall cause the holding or kudiyiruppu
or kudikidappu, as the case may he, to be delivered to the cultivating
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tenant or holder of the kudiyiruppu or kudikidappukaran, as the case
may be, by putting him in possession of the holding or kudiyiruppu or
kud1kidappu, as the case may be, and if need be, by removing any per•
son who refuses to vacate the same.
6. Prevention of eviction of cultivating tenants, etc., who are not members
of any Scheduled Caste or Scheduled Tribe.-( 1) Notwithstanding anything
to the contrary contained in any contract, custom or usage, no person
shall evict or attempt to evict a cultivating tenant or a holder of a
kudiyiruppu or a kudikidappukaran, who is not a member of any
Scheduled Caste or Scheduled Tribe, frQm his holding, kmliyiruppu or
kudikidappu except in accordance with the law in force for the
time being.
(2) Any person who evict5 or attempts to evict a cultivating
tenant, or a holder of a kudiyiruppu or a kudikidappukaran from his
holding, kudiyiruppu or kudtkidappu in contravention of the provisions
of this section shall be punishable w1th imprisonment which may
extend to one year, or with fine which may extend to two thousand
rupees, or with both.
7. Cultivating tenants, etc., entitled to restoration of possession.-( l) A
cultivating tenant, or a holder of a kudiyiruppu or a kudikidappukaran
who has been evicted from his holdmg, kudiyiruppu or kudt.kidappu,
on or after the 1st Aprtl, 1964, in contravention of sub-section (I) of
section 6 shall be entitled to restoration of possession of his holding,
kudiyiruppu or kudikidappu, as the case may be.
(2) Any person who is entitled to be restored to possession of his
holding, kudiyiruppu or kudikidappu, as the case may be, under sub
section ( 1), or any other person on his behalf, may make an application
either orally or in writing, within a period of one year from the com
mencement of th1s Act or, as the case may be, from the date of eviction,
whichever is later, to the Revenue Divisional Officer having jurisdiction
over the area in which the holdmg, kudiyiruppu or kud1kidappu, as the
case may be, of the person entitled to be restored to possession under
sub-section ( 1) is situate, for the restoration of possession and prosecution
of the offender, and thereupon the provisions of sub-sections (3} to (6)
of section 5 shall apply as if the application were an application made
under clause (b) of sub-section (2) of that section.
8. Stay of suits or other proceedings for evzctzon.-Where in any suit or
other proceeding for the eviction of a cultivating tenaPt, a holder of a
kudiyiruppu or a kudikidappukaran, from his holdmg, kudiyiruppu
or kudikidappu, as the case may be, whether pendrng at the commen
cement of this Act or inst1tuted after such commencement, the culti
vating tenant or the holder of a kudiyiruppu or the kudiktdappukaran,
makes a representation to the court in wh1ch such suit or other procee
ding is pending or instituted that no record of rights in respect of the
holding or register of kudikidappukars in respect of the village in
whicltthe kudikidappu is situate, as the case may be, has been prepa·
red, the court shall not proceed with the smt or preceeding until the
record of rights in respect of the holding or the register of kudikida
ppukars, as the ca~e may be, is prepared and made available to it and
the court shall also by order direct the Revenue DlVi~ional Officer having
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jurisdiction over th~ area in which the holding or the kudikidappu is
situate to prepare a record of rights in respect of the holding, or, as the
case may be, a register of kudikidappukars and to rile the hame in court,
and the Revenue Divisional Oflicer shall cause the 11ame to be pre·
pared in the manner prescnbed under the Kerala Lnnd Reforms Act,
1963 (Kerala Act I of 1964).
9. Junsdzction.--No court infc1 ior to that of n Magistrate of the
First Class shall try an offence punish.1blc under this Act.
10. Protfction to persons acting m J!ood faith Ulldtr this Act .-No suit,
prosecution Oi other legal proceeding- shall lie: aguimt any person for
anythmg whrch JS in good faith done or inteudcd to he done under
this Act.
11. Savzng of other laws.-The provision~ of this Act shall be in
addition to, and not in derogation of, any other law fur the time being
in force regulating any of the matters d<'alt with m this Act.
12. Power to make rules.-( I) Thr. Govetnment may, hy notification
in the Gazette, make rules for the purpose of ca1 rying into effect th~
provisions of this Act.
(2) Every rule made under this Act shall be lnid, as soon as may
be after it is made, before the Leg1~lativc Assembly while it is in session
for a total period of fourteen days which may h1: comp1 ised in one
session or in two successive sessswn~ and if he lin c the expiry of the
session in which it is so laid or the st'ssion immediately following, the
Legislative Assembly agrees that the rule shall IJ<' either modified or
annulled, the rule shall thereafter have efTC'ct only in mch modified
form or be of no effect, as the case nMy he; so, however, that any such
modification or annulment shall be without prejuclrcc to the validity of
anything previously done under that rule.
13. Amendment of the Kerala Land Rrjorms Act, 1%3.-ln the Kerala
Land Reforms Act, 1963 (Kerala Act I of 19fi4),-
( 1) in sub-section ( l) of section 29, for the words " at any time
within one year from the commencemcnt of this Act", the words •· at
any time within four years from the commencement of this Act or such
further penod as the Go\oernment may, f10m tune to time, by nutifica·
tion in the official Gazette, specify m this behalf" ~hall ue substituted;
(2) section 51 shall be renumbered as sub-section ( 1) thereof,
and-
(i) in sub·section (1), as so teuumbered,-
(a) for the words " mtete5t therein in fnvo11r of the land
lord:'', the words" interest therein :
Provided that no such sun r.lldcr shall he made in favour of
any person other than the ( ;ovcrnmcnt: " ~hall be substi
tuted;
(b) in the first proviso,-
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(i) for the worcs "Provided that··. the WOI da " Provided
further that " shall h1~ substituted;
(ii) the words "and is n1.1de in ~;nod faith" shall be
omitted;
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(c) the second proviso shall be omitted ;
( ii) after sub-section ( 1), as so re-numbered, the following
sub-sections shall be inserted, namely:-
c: (2) The Government shall pay to the landlord fair rent of
the tenancy surrendered to it under sub-section ( 1).
(3) The Government may let any land surrendered to it
under sub-section (l) to any person, as far as may
be, in accordance with such rules as may be made
under this Act.
(4) The tenant to whom any land is let under sub-sec·
tion (3) shall pay the fair rent thereof directly to the
landlord and the Government's liability under sub
section (2) with regard to the payment of the rent of
that land shall, on and from the date of induction of
the tenant on such land, cease.";
(iii) after section 51, the following sections shall be inserted,
namely:-
. "51 A. Abandonment by a tenant.-( I) No landlord shall enter
on any land which has been abandoned by a tenant.
(2) If a tenant abandons his tenancy and ceases to culti
vate his holding either by himself or by some other
person, the landlord of such tenancy shall, within
thi1ty days of such abandonment inform the Govern
ment in writing that the tenant has abandoned such
tenancy and the Government may, on receipt of such
intimation, take possession of the land appertaining
to such tenancy. •
(3) The Government shall pay to the landlord fair rent
for the land possessed by it under sub-section (2)
from the date on which it takes possession of
such land.
(4) The Government may let to another tenant any land,
possess10n of which has been taken under sub-sec
tion (2), as far as may be, in accordance with such
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rules as may be made under this Act. • .i
(5) The tenant to whom any land is let under sub-sec- !
tion (4) shall pay the fair rent thereof directly to
the landlord and the Government's liability under ,
sub-section (3) with regard to the payment of the ~
• fair rent for such land shall, on and from the date
of induction of the tenant on the land, cease.
51 B. Landlord not to enter on surrendered or abandonrd land.
If any landl01 d enters into the possessron of any
abandoned land or any land which has not been
surrende1 ed in accordance with the provrsions of
section 51, he shall be deemed to have contravened
the provisions of section 6 of the Kcrala Prevention
of EviCtion Act, 1966, and shllll be punished
accordingly." .
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14. Savings.-(!) Notwithstanding the expiry of the Kerala
Scheduled Castes and Scheduled Tribes Prevention of Eviction Ordi
nance, 1966 (Ordinance 2 of 1966), nuythiug done or any action taken
in exercise of any powers conferred hy or under the said Ordinance shall
be deemed to have been done or taken in the exercise of the powers
conferred by or under the corresponding provision or this Act as if this
Act had corne into force on the 5th dny of July, 19GG.
(2) The exp1ry of the Keraln Scheduled Castes and Scheduled
Tribes Prevention of Eviction Or.diuauce, 1966, shnllnot-
(a) affect any 1 ight, pnvilt'g!', obligation or lialriltty acquired,
accrued or mcurred under the ~alll Or clinance,
(b) affect any penalty or punishmentincmrcd in respect of any
offence committed under the sa1d Onlin.mce,
(c) affect any investigation, It-gal p10ceedinK or remedy in res
pect of any such right, pnvilege, nhligation, liability, penalty or
punishment, and any such investigntion, legal p10rccding or remedy
may be instituted, continued or ('llforced, and any such penalty or
punishment may be imposed as if this Act had commenced on the 5th
day of July, 1966.
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