The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (No. 31 of 1975)

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THE KERALA SCHEDULED TRIBES (RESTRICTION 
ON TRANSFER OF LANDS AND RESTORATION 
OF ALIENATED LANDS) ACT, 1975• 
(Act 31 of 1975) 
An Act to provide for restricting the transfer of lands by 
members of Scheduied Tribes in the State of Kerala 
and for the restoration of possession of lands 
alienated by such members and for matters 
connected therewith 
Preamble.-WHEREAS it is expedient to provide for 
restricting the transfer of lands by members of Scheduled 
Tribes m the State of Kerala and for the restoration of posses­
sion of lands alienated by such members and for matters con­
nected therewith; 
BE it enacted m the Twenty-sixth Year of the Republic of 
Tndia as follows.-
I Short title, extent and commencement.-(1) This Act 
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may be call ed the Kerala Schedul ed Trib es (Restriction on --tr-
Transfer of Lands and Restoration of Alienated Lands) Act, 
] 975. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall come mto force on such date as the Govern­
ment may, by notification in the Gazette, appoint 
2. Definitions.-In this Act, unless the context otherwise 
reqmres,-
(a) "competent authority ", with referenc e to any land, 
means the District Collector of the district m which the land is 
situate or any other officer appomted by the Government to 
be the competent authority for the purposes of this Act for 
the area in which that land is situate; 
(b) "unmo vable property " includes standing crops and 
trees but does not include growmg grass; 
(c) "prescribed" means prescribed by rules made under 
this Act; 
•Received the assent o f President on the 11th day of November, 1975 
and publi shed 1n the Gazett e Extraordinary No. 673 dated 14th November , 
1975. 
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{d) "Revenue Divisional Officer", with reference to any 
land, means the Revenue D1vis1onal Officer having jurisdiction 
over the area m which that land is situate or any other officer 
appointed by the Government to perform the functions of the 
Revenue D1v1S1onal Officer under this Act, in the area in which 
that land is situate, 
(e) "Scheduled Tribe " means any of the Scheduled 
Tribes m relation to the State as specified in the Constitution 
(Schedul ed Tribe s) Order, 1950 ; 
(f) "State" means the State of Kerala; 
(g) "transfer", m relation to imm ovable property means 
an act by which immovable property is convey ed by any docu­
mentary or oral transaction, whether by way of mortgage 
with or without possession, leas e, sale, gift or exchange, or m 
any other manner , not being a testamentary disposition ; and 
includes a charge, 'vilapanayam', 'unduruthi', contract relating 
to immovable property , mortgage, pledge or hypothecation of 
crop s or standing trees on payment of consideration or other­
wise, voluntary surrender and abandonment 
Explanation.-For the purp oses of his clause,-
(i) "v1lapanayam" means hypothecation of crops on 
payment of consideration or otherwise; 
(ii) ''undurulh1 " mean s an assignment of t he rigi1t 
to collect the usufruct s available or anticipated to be avail­
able on any land during a specified term for a specified price 
3. Exemptions.-Nothing contained in this Act shall apply 
t o-
(a) the lease of any land or building or both granted 
by the Admmistrator General , Official Trustee or Official 
Receiver , or 
(b) the mortgage, pledge or hypothe cation of any immo­
vable property by a member of a Scheduled Tribe in favour 
of the Government as security for the purpose of obtaining any 
loan or other assistance from the Government ; or 
(c) the mortgage, pledge or hypothecation of any immo­
vable property by a member of a Scheduled Tribe in favour 
of a co-operatlVe society registered or deemed to be registered 
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under the Kerala Co-operative Societies Act, 1969 (21 of 1969), 
or a corporation or a nat1onahsed bank or any other financing 
agency, not being a private agency or a money-lender, as 
security for any loan advanced by such society, corporation, 
bank or other agency 
4. Restriction on transfer -Notwithstandmg anything to 
the contrary contained in any other law, or in any contract, 
custom or usage, or in any Judgment, decree or order of any 
court, any transfer effected by a member of a Scheduled Tribe, 
of immovable property possessed, enjoyed or owned by him, on 
or after the commencement of this Act to a person other than 
a member of a Scheduled Tribe , without the previous consent 
in writmg of the competent authority, shall be invalid 
5 Certain transfers to be invalid.-Notwithstandmg any­
thing to the contrary contained in any other law for the time 
being in force, or m any contract, custom or us~gE', or in any 
judgment, decree or order of any court, any transfer of immo­
vable property possessed, enjoyed or owned by a member of a 
Scheduled Tribe to a person other than a member of a Sche­
duled Tribe, effected on or after the 1st day of January 1960, 
and before the commencement of this Act shall be deemed to 
be invalid. 
6 Reconveyance of property.-(1) Where by reason of a 
transfer of immovable property which is invalid under section 4 
or section 5, a member of a Scheduled Tribe has ceased or 
ceases to be m possess10n or enjoymen~ thereof, he shall be 
entitled to the restoration of possession or enjoyment , as the 
case may be, of such property 
(2) Any person entitled to be restored to the posse3sion 
or enJoyment of any immovable property under sub-section (1) 
or any other person on his behalf may makP an application, 
either orally or in writing, to the Revenue Divisional Officer 
within a period of one year from the date of commencement 
of this Act or such further pE>riod as may be specified by Gov­
ernment by notification in the Gazette,-
(a) for restoration of possession or enjoyment, as the 
case may be, of such property, if such transfer had been made 
before the date of commencement of this Act , or 
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(b) for restoration of possession or enjoyment, as the 
case may be, of such property and for the prosecution of the 
person who has procured such transfer, if such tron~l"er was 
made on or after the date of commencement of this Act. 
(3) On receipt of an application under sub-sectio n (2), 
the Revenu e Pivisional Officer shall make or cause to be made 
necessary inquiries in respect of such application and, i f he is 
satisfied that the applicant or the person on whose behalf the 
application has been made is entitled to restoration of possession 
or enjoyment, as the case may be, of the immovable property 
mentioned in the application, he shall , by order , direct the 
person m possession or enjoyment of such property to tlelivcr 
possession thereof to the aop hcent or to the person on whose 
behalf the application has been made , or, as the case may be. 
to allow him to enjoy such propert y, within a period of thiry 
days from the date of servke of the order and also specify the 
amount payable under section 11 · 
Provided that no ordE'lf under this sub-sectio n shall be 
made unless the person in possession or enJoyment o( the pro­
perty has been given a reasonable opportunity of being heard 
m the matter 
(4) Every order made under sub-section (3) shall be 
served on the person for whom it is intended, -
(a) by dehvenng or tend'enng it to that person , or 
(b) if it cannot be delivered or tendered to that person. 
by delivering or tenderini:! 11. to c>ny officer of such J)erso n or 
any adult memb er of the family of such person or by affixing 
a copy thereof on the outer-door or some conspicuous part of 
the premi ses m which that person 1s known to have last resided 
or carried on business or pe!'sonall y worked for gain , or 
(c) failing served by any of these mean <> ,by reg1ste1·ed 
post 
"? (5) Any person aggrieved by an ordrr of the Revenue 
Divisional Officer under sub-section (3) may, within a peri od 
of thirty days from the datf' of service of the order, pref Pr an 
appeal to the competent authority, and the d<>c1s1on of thP. 
competent authority on such appeal shall be final and sha11 not 
be called in que stion in any court of law. 
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(6) Where an order under sub-section (3) has not been 
complied with, and 
(a) an appeal has not been preferred withm the time 
allowed for such appeal ; or 
(b) an appeal having been preferred has been d1s­
m1ssed, the Revenue Divis10nal Officer shall cause the 
immovable property to which the order relates to be delivered ' 
to the tran sferor by putting him m possess10n or enjoy ment of 
that property , if need be, by removing any person who refuses 
to vacate the same 
1 7 Suo motu action by Government .-(1) Notwithstanding 
anything contained m section 6, the Governme nt may, of their 
own motion , by order, d1rect the person m possession or 
enJoyment of any immovable property to deliver possession 
thereof to a member of a Scheduled Tribe or allow such a 
member to enJOY such property, If they are satisfied after 
necessary mqumes that such member was deprived' of the 
possession or en1oyment. as the case may be, of that immovable 
property by reason of a transfer which 1s invalid under section 
4 or section 5 : 
Provided that no order under this sub-section shall be made 
unless the person in possession or enj oyment of the property 
has been given a reasonable opportunity of being heard ' m the 
matter . 
(2) Every order under sub-section (1) shall be served 
on the person for whom it is intended m the manner specified 
in sub-section (4) of section 6. 
(3) An order under sub-sect ion (1) shall be final and 
shall not be questioned m any court. 
8 Burden of proof.-Where, in any proceedings under 
this Act, or in the trial of an offence punishable under section 
13, the validity of any transfer of immovable property is called 
m quest10n, the burden of proof of the validity shall, 
notwith standing any thin g contai ned in any other l ~w for the 
time being m force, he on the person who claims such transfer 
to be valid 
9 Inadmissibility of deetfs for purposes of registratior.­
Notw1thstandmg anything containe:l m the Reg1str?.tlon Act, 
1908 (Central Act 16 of 1908), no deed of transfer of any 
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immovable property executed in contravention of or contrary 
to the provisions of this Act shall be accepted in registration. 
10. Prohibition to attachment of immovable properties.­
For the execution of a money decree against a member of a 
Scheduled ' Tribe , no right or interest held by him in any 
immovable property, shall be liable to be attached or sold 
except to the extent and m the manner prescnbed 
11. Liability to pay amount.-(1) 'Notwithstanding 
anything contained m any other law for the time being in 
force, where 'the possession or enjoyment of any immovable> 
property is restored to a member of a Scheduled Tribe under 
this Act, an amount equarto the aggregate of the actual amount 
of consideration received by such member at the time of the 
transfer and an amount determined by the competent · authority 
for improvements , 1f any, made after the transfer and before 
such restoration shall be paid by him to the person from whom 
possession or enjoyment. as the ca<>e mciy b'O', was restored, in 
accordance with the rules made under •this Act : 
Provided that no amount shall be payable if the transfer 
was effected on or after the commencement of this Act 
(2) The amount determmed by the competent authority 
under sub-sect10n (1) shall he ftnal :.n<l shall n-:>l be called in 
question m any court 
(3) The amount payable undn sub-section (1) shall be 
recoverable in such manner as may be prescnbed. 
12. Government to advance loan for payment of amount.­
ll) The Government may, subject to c;uch rules as may be 
made in th1s behalf, advance loans to·the member s of Scheduled 
Tnbes who are hable to pay amounts under section 11. 
(2) Loans advanced under sub-section (1) shall hP 
l epa1d 10 twenty equal annual mstalments in accordance with 
such rules as may be made m this behalf 
(3) If any default is made m the repayment of a loan 
advanced' under sub-section (2). the amount m default sMll be 
recoverable under the Kerala Revenue Rec-overy Act as if i1 
were arrear of public revenue due on land . 
13 Offences and penalties.- Any person who on or afte1· 
the commencement of this Act procures tr~msfer of any 
immovable property m contravent1on of the prov1c;1ons (;f 
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section 4, shall be punishable with rigorous imprisonment for 
a term which may extend to one year, or with fine which may 
extend to two thousand' rupees , or with both. 
14. Cognizance of offences.-(1) No court inferior to that 
of a Magistrate of the First Class shall try any offence punish­
able under this Act : 
Provided that the Government may constitute one - or 
more than one special court exclusively for the trial of the 
offences under this Act 
(2) In a case where transfer of immovable property in 
contravention of section 4 has been mad'e on or after the com­
mencement of this Act, the Revenue Divisional Officer shall file 
a complaint to the Magistrate having jurisdiction or to the 
special court, as the case may be, for the trial of the offenc~s 
under this Act 
(3) Any person aggrieved by a transfer in contravention 
of section 4 or any other person on his behalf shall also h" 
entitled to file a complaint before a Magistrate havmg iunsd1c­
tion or to the special court , as the case may be, for the trial 
of the offence under this Act 
15 Bar on proceedings against Scheduled Tribes under 
Chapter X of the Code of Criminal Procedure.-Where a person 
claiming to be a member of a Scheduled Tnbe or any other 
person on his behalf applies to the Revenue Divisional Officer 
for the restoration of possession or enjoyment of any land 
under the provis10ns of this Act, or where the Government 
take suo motu action under section 7 for the restoration of the 
possess10n or enJoym ent of any immovable property to any 
person , then, notwith standing anything contained m any other 
law for the time being in force , no Magistrate shall have 
JUrisdict10n under Chapter X of the Code of Criminal Pro­
cedure , 1973 (Central Act 2 of 1974), m respect of any disputP 
between that pers on and any other person claiming to be m 
possess10n or enJoyment of the s aid land 
16 Legal practitioner not to appear in proceedings under V' 
the A.ct.-No legal practitioner shall appear, plead or act on 
behalf of any party in any proceedings before the Revenue 
D1v1s10nal Officer or the competent auth ority or the Govern­
ment , except with the written perm 1ss10n of such officer f)r 
~uthority or the Government, as the case may be. 
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17. Powers of competent authority and Revenue Divisional 
Officer.-(1) The competent authority and the Revenue 
Divisional Officer while making mqmries under this Act 
shall have all the powers of a c1v1l court while trying a suit 
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), 
in respect of the following matters, namely :-
(a) summomng and enforcing the attendance of any 
person and exammmg him on oath ; 
(b) requiring the discovery and production of any 
document; 
(c) any other matter which may be prescribed. 
(2) The decisions of the competent authority and the 
Revenue DivlSlonal Officer under this Act shall have the force 
of a decree of a civil court . 
18. Power to remove difficulties -If any difficulty arises 
in giving effect to the provisions of this Act, the GovernmPn1 
may, as occasion requires, by order, do anything not incon­
sistent with the provisions of this Act which appears to them 
necessary for the purpose of removing the difficulty. 
19. Protection of action taken in good faith.-No suit, pro­
secution or other legal proceedings shall he against any person 
for anything done or purporting to be done m good faith under 
this Act or the rules made thereunder 
20 Saving of other laws.-The prov1s10ns of this Act shall 
be in addition to and not m derogat 10n of any other law for 
the time bemg in force regul ating any of the matter s dealt with 
in this Act except to the extent provided in this Act. 
21. Bar of jurisdiction of civil courts.-No c1v1l court 
shall have jurisdiction to settle , decide or deal with nny 
question or to determine any matter which 1s, by or under this 
Act, reqmred to be settled, decided' or dealt with or to be 
determmed by the competent authority or the Revenue 
Divisional Officer 
22 Power to make rules.-(1) The Government may, hy 
notification in the Gazette, make rules to carry out the purposes 
of this Act. 
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(2) Every rule ·made under this Act shall be laid, as 
soon as may be after it 1s made, before the Legislati ve Assembly 
while it is m session for a total penod of fourteen days which 
may be comprised in one session or m two successive 
sessions, and if, before .the expiry of the session m which it is 
so laid or the session immediately followmg, the Legislative 
Assembly makes any modification m the rule or decides that 
the rule should not be made, lhe rule shall thereafter have 
effect only m 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 anyt hing previously 
done under that rule 

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