LexThe Service Inam Lands (Vesting and Enfranchisement) Act, 1981 (Act 17 of 1981)
Kerala · state statute
Open in Lexace · Ask the AI about this act. ,
~
.... )
0
... /
rrHE J<.ERJ\LA SERVICE INAM LANDS (VEST JNG ANJ)
ENFRANCHISEMENT) ACT, 19fll
(Act 17 of 1981)
CoNtENTS
J''t 1anzble :
~ections :
1 . Short title, extent and comn1cncement.
2 - ])cfinitions.
3.
4.
5.
G.
7.
8.
9.
10.
1 1 •
12.
13.
\-1.
I rl .
1 ().
17
1 u.
1 !) •
20.
21.
22.
Vesting of the rights of landowners in Government and r~boHtion o{
•
8CfVlCCS.
Amount to be pnid by the Govcrnm<'nt.
l,and holder's right to assignment.
Purchase price.
Settlement Officer to issue notices and determine the compcnsntion and
purchase price.
Payment of amount to the landowner to he full discharge.
Issue of pattas and other documents to landholders.
Amounts due to the Govcrnn1cnt to be r('coverahlc under the Revenue
l{ccovery Act.
Orders of settlement Officer to be dr<'nled to be decrees of civil court.
Appeal.
Revision.
Corrections to thC" final order.
Settlement Officers.
Power! of Settletnent Officer, District Co) lector and Board of l~cvcnuc
l)ecision of disputes as to whether land is Service Inam Lantl.
)Jar of jurisdiction of civil courts.
l,rotcction of action taken in good faith.
Power to remove difficulties.
Power to make rules.
ltcpeal.
•
0
' /
105
THE KERALA SERVICE JNAM LANDS (VESTING AND
ENFRANCHISEMENT) ACT, 1981 *
(Act 17 of 1981)
An Act to provide for the uestzng and enfratzchisenlent of Service lnant lands tn tlt1 .
State of Kerala.
Preamble.-WnEREAS it is necessary in the public interest to provide
for the vesting and enfranchisement of Service Inam lands in the State of
Kcrala by abolition of all serv1ces attached to such lands and for 1nattcrs
incidental or ancillary thereto;
BE it enacted in the Thirty-second Year of the Republic of In~ia as
follows:-
1. Snort tztle, extent a1zd comnzencement.-(1) This Act may by called til(:
](crn]a Servicr Inam I~ands (Vesting and Enfranchiscn1cnt) Act, 19Ul.
(2) It extends to the whole of the State of Kerala.
(3) It shall con1c into fore~ on such d;1tc as the Govcrntnent 1nay, by
notification in the Gazette, appoint.
2. Defautiolls.-111 this Act, unless the coutext otherwise rcquircs,-
(a) "appointed day" means the day on which this Act comes into
force;
(b) ''holding'' means any parcel or parcels of Service ]nc:~m land
held by a single landholder;
(c) "landholder'' means a person holding Service Inam land.
b"xplantJtlon.-Wherc any service Inan1 land is in the posses~ ion of a
person, othe1 than the pe1son to whom the land \.Yas granted for perJorming
services or any of his successors-in-interest, the person in possession of the
land shall be deemed to be the landholder for the purposes of this Act;
(d) ''land ovvncr" means the owner of Service Inam land;
(c) "prescribed•' Jncans prescribed by rules made under th1s Act;
(f) "Service Inam land" means land held under a tenure to which
some specific service or obJigatton in the shape of personal
labour or supply of provisions 1~ attached and includes land
held under Viruthi, Oolhiya1n, Karanma or Erayili tenure;
(g) "Settlement Officer" means the Settlement Officer appointed
under section 15.
(h) ''to hold" means to be in actu,\1 possession;
(i) the express1ons "ceiling area" an(J' ''family'' shall have the
1neanings respectively assigned to them in the Kcrala Land
Reforms Act, 1963 ( 1 of 1964).
--lteccived the assent of the Prcs1dent on the 21st day of July, 19UJ and
published in the KLrala G41zetlc Extraordinary No. 590 dated the
~.)th July, 1981.
106
3. Vestitzg of the rights of landowners in Government and abolition of services.
Notwithstanding anything contained in any law for the time being in force
or in any contract, or in any judgment, decree or order of any court, witl,
effect on and from the appointed day,-
( 1) all right, title and interest of the landowners in Service lnarn
lands held by ]and holders shall vest in the Government free fro1n
all encumbrances ;
(2) any service or obligation attached to Service Inam lands shall
stand aboJished and the landholders shall have no liability or
obligation to render any service attached to such lands.
4. Amount to he paid by the Government.-( 1) In consideration of th<
vesting in the Government of the right, title and interest of any landownc~
in Sctvicc lnam lands under section 3, the Government shall, subject to tht•
provisions of this Act, pay to such landowner an amount calculated at thl
rate of one thousand two hundred rupees per acre of such lands.
(2) The amount payable under subsection ( 1) shall be paid in ca~h
in Jump and shall bear interest at the rate of four and a half per cent pea
anntUll from the date on which the order of the Settlc1nent Officer undeJ
subsection ( 4) of section 7 has become final, till the date of payment.
5. Landholder,s right to asstgnment.-( I) 'fhe landholder of any holdillh
or pnrt of a holding, the right, title and interest in rc~pect of which have
vc~tcd in the GovcJnment under section 3, shall be entitl< d to a~signment of
such right, title and 1nterest :
Provided that-
(a) no landholder shall be entitled to assignntent of the right, titJu
and interest in respect of any holding or part of a holding under th1s scctiuu
if he, or if he is a member of a family, such family, O\vns or holds an extent
of Jand not less than the ceiling area;
(h) where the land holder or if he is a ntcn1ber of a famiJy, such
family owns or holtJs an extent of land whieh is lc~' than the ceiling area,
he shall be entitled to the assignment ot the rjght, title and inteJ est ju
respect of only such extent of land as will, together with the land owned o1
held by him or his family, as the case may be, be equal to the ceiling area.
J~xplanation - li'or the purpose~ of thi~ sub-section, the cxp1·ession "to
hold" shall have the same meaning as in the J<.crala Land 1teforms Ac1,
1963 ( 1 of 1964) .
(2) Any land holder entitled to a'isignmcnt of the right, title aaul
interest in respect of a holding or part of a holding unde1 subsection ( 1)
tnny, within such period as 1nay ue pr cscribcd, apply to the Settlcrncuf
Otlicer withtn \Vhose jurisdiction such holding or pat t Js SJtu,ltc foJ assigu
mcnt to him of ~uch holding or part, as the ca~e may be.
~,
10i
(3) ,\n npplicatJon under subscrti•)n (2) shaH contain the follo\ving
pn rticulars, naJncly:-
(a) tht village, survey numbc1 a1Jd cxleut of the holding or part to
\Vhich the assignment relates;
(b) the names and addresses of the landowner and other persons
interested in the land and the nature of their interest so far as they are
CJ known to him;
(c) the particulars regarding other lands owned or held by hiln or
if he is a member of a family, such fam1ly; and
j
..
c
c
(d) such other particulars as may be prescribed.
(4) Where a landholder is entitled to the Elssignmf'nt of the dght, title
nnd intertst of only a portion of h1s hold1ng, he may indicate in the
npplication ·under subsection (2), his (choice of the portion to which the
nsc;ignntent shall relate.
G. l'urcht.JJt price.-(1) The landho1dcr shnll be liable to pay pu1 chase
price to the Government for the assignment to him of the right, title and
interest of the landowner.
(2) The purchase price refc..rrcd to in sub-section ( l) shall be eight
hundred and forty rupees per acre to be paid in sixteen equal annual
instnlments~
Provided that if the amount is paid in one lump, the purchase price
shall be seventy-five per cent of the said amount,
(3) Where the purchase price payable by the landholder is determined
under section 7, he shall deposit with the Settlement Officer.-
, (a) where the purchase price is opt(•d to be paid in a lump, the
entire amuunt due within six month!; or
(b) \Vhcre the purchase p1 ice is opted to be paid in instalments, the
first instalment thereof within three month~,
from the date on which tne order of £the Settlement Officer under section 7
hns brcome final.
( 4) Where the purchase price is paid in instalments, the second and
C
anb~equcnt instalments shall be depo~&ted wtth the Settlement O!hcer within
such ttme and 1n such n1anncr as may be prcscrlbcd.
(5) Where the purchase pr1cc ot any 1nstahnent thereof is not deposited
• 4.ttl the due d(.ttc, the amount 1n default shall bear interest at the rate of four
· ('; "nd a half pet cent per annum f1om that date till the date of dep(,~it .
7. Setllcntetlt OjfzcPr lo zssue notzces aud deJennt11~ the cotnjJcnsation and (Ju1chas8
przce.-(l) ,\~soon as may be after the appointed dcly, the Settlement
(Jfllcc~r aha l1 publish or cause to be published a public uoticc in such form
und in such manner as may be prescrtbed, calling upon-
(a} the land holders ;
(l>) the landowners ; and
34/1150/B.
•
--- -
•
'
•
108
(c) all other persons interested 1n the land, the right, title and
interest in respect of which have ve-sted in the Government,
to prefer claims and objections if any, before <;uch date as tnay be <;pecified F":
1n the notice and to appear before him on the date specified ~therein with all \j
relevant records to prove their respective claims or in support of their
objections.
(2) The Settlement Officer shall issue individual notices to the land- iJ,
holders, • the 1andowners and the other persons referred to 1n clause (c) of
sub section (1) so far as known to him, calhngupon them to•prefer claims and
objLctions, if any, before such date as may be specified in the notice and to
appear before him on the date specified therein with all relevant records to
prove their respective claims or in support of their objections.
(3) Notwithstanding anything con1 a1ned in sub~ection (2), the
pubhcation of the notice 1n the manner referred to in subsection (I) shall be
deemed to be sufficient n ltlce to the landholders, the Jandowners and all.
other persons interested in the land.
(4) The Settlement Officer ~hall, after constdering c- the clainis and
objections received in pursuance of the notice bsued under subsection ( 1) of
subsection (2) and aft~r hearing any person app~aring in pursuance of
the said no tier and after making due enq utrie), pass an order spcci!ying- ~
(a) the extent, survey number and such other particulars as may be V
prescribed of the land, tht right, ti tie and interest in respect of which have
vested in the Govern1ncnt under section 3 ;
(b) the amount due to the landowners under section 4 ;
(c) the purchase price payable by the land holder under section 6 ;
(d) such other particulars as may be prescribed.
(5) Where 1 he landholder is entitled to the assignment of the right,
title and Interest 1n respect of only a port Jon of the holding held by him,
the settlement Officer shall, a<> far as possible, as~•gn to the landholder the
right, tJtle and interc~t in respect of the portton of his chotce.
8. Pay1nent of amount to the landowner to be full dzsclzarge.-The payment of
the a1nount specified in section 4 to a lando,vnrr and other persons enti tied
thereto in accordance wah an 01 der ts~ued by the Settlement Officer under \j
section 7 after it has become final, shall be fu11 dil\tharge of the ltabthty of
the Government for pLt)ment of such amount and no further claims for
payment of any amount shall ht' against the Govcrnm ~ nt 1
Provided that nothmg contamcd 10 tlus sectiOn shall affect the habihty 0
c f nny person who n1;ly receive the whole or any part of the amount to pay
the same to persons la,vfully entitled thereto
9. Issue of pattas and olhl'r documents to landholders-( 1) As soon as may be
after the order of the Settlement Officer under section 7 has become final.
the Settlement Office• ~hall issue patt<ls or other dccuments evid~ncing full
proprietary rights of the landholders 1n their holdings.
--- - - --- - - -
0
,
---- -
109
(2) 1~he pattaB or o..l e ~documents issued under sub section ( l) sh '\I
contain such particulars as may be prc~c1 ibed.
10. Amoutzts due to the Government to be recoverable under the ... ·ll~venrte RecolJ(IV
Act.--Any amount due to the Govcrnn1ent as arr(•ars of purcha~e price or
otherwise from any landholder under this Art shall be a first charge on his
holding and the same shall be recoverable as arrears ot public rcvc:nuc due
on land under the p1 ovisions of the Kerala Revenue Recovery Act, l9nB •
11. OrderJ of Settle1neni Offzcer to be deemed to be decrees of czvil court.-f\ny
order of the Settlcm~nt Officer under section 7 shall be deemed to IJc a dcgrc:c
of a civil court and shall c( ntain a concise ~t atcmcnt of the case, points f(H
determination, the decision thereon and the reasons for such decision.
12. Appeal.-Any person aggrieved by an order of the Settlement Offict:r
undt!r section 7 may appeal, within thirty days of the receipt by hhu oft hn
order, to the l)istrict Collector having jur1sdirtion over the area in which tlu·
holding is situate, dnd the Dl~triC( Collector ~hall, clft~r giving t~c ~ppcllcull
a reasonable opportuntty of being heard and afler tn,\kin~ such furth•.J
enquiry as may be prescribed, pJ.ss such order on the .~pp<!,tl as he th 111k" fit.
13. Revis ton.-( l) 1.,hc Board of Revenue may, citl1er of 1ts own Jnotio,
or on application by any person aggrieved by an order un<Ier section 12, c"1l
for and examine the record of any proceeding in which ~uch order has bc(·u
passed for the purpose of sati'ifyiug 1tself as to the legality, tcgular1ty • r
propriety of ~uch order or proceeding and pass such order thereon a~ 1l
thinks fit. •
(2) rfhe Board of Revenue shall not of its own 1notion call for an<\
cxan1inc the record of any proceeding under subsectton (I), if the ord ~r t•,
which the proceeding relates has been made more than two y~ars pn~viousl y.
(3) ln the case of an application under subsection (1) by ·lilY pcrsou
aggrieved, the application shall be made \Vlthin two years from the date o11
which the order 10 question was communicated to h1m.
14. Correct tons to the jznal order. -No cut rc<:'tton shall be made in the order
of the Settlement Officer after it has bccotne final, provided th,Lt the Settle
ment Oflicer may, either of his own tnot ion or on apphccttion filecl by a
person interested, correct any clerical 01 arithmetJctJ.I mistake or any crrur
arising therein from any accidental shp or OJniss•on :
Prov.idcd tha~ no such correction shaH he made without giving an
opportun1ty of betng hcar·d to the party who 1na y be affected the1·cby.
15. Settlement Offlcers.- The Govet nment shall appoint as tnany S.!ttlc ..
ment Offir,.t·s as 1nay be ncccssa 1 y ft om atnong office,.s not below the J:.t ~!' 01
Tahs11rl~r fot· the put~pose of excrcis1ug the powers and per forrning the
functions of a Scttletnent Office1 under thts Aet. '
....... ____ _
II 0
16. J>oJ.Jers of Settl~1nent (Jj[zce•, Dtslrzct CoUector and Boa1d OJ l~evenue.-
1'he Scttl,~mcnt Offic, r, the D .;tr1ct Collector and the Boa1·d of Revenue
shall ha' c all the powers of a c•vtl court wlule trying a su1t under the
Code of Ctvil Procedute, 1908, in rcsp<ct of the follow1ng matters,
namely:-
(a) sum1nontng and e-nforcin~ the attendance of any person and
(b)
(c)
. ( rl)
cxarrining him on oath ;
requ•nng the discovery and pt oduc1ton of any document;
receiv1ng evidence on affidavit ; •
issu •ng cnmmJssJons for examination of Witnesses or for local
• • 1 nvcsttgauon ;
1 ~e) rcqu1si t ioning any pu bhc record or copy thereof from any court
or office ; and ,
(f) any other matter whJch may be pre5cribed
17. Deczszon of dz~putes as to UJhether land zs Se1vzce Inanz Land -lt any
qucst1on attses as to \vhether ;-any land IS a Serv1ce ·Inam Lar\d for the
put poses of thts .l\.ct ur not, the q uesuon shall br rtf erred to the Government
for decision and the decision of the Government thereon shall be final.
18. Bar of;urzsdzctzon of czuzl courls.-No civil court shall have jurisdiction
to decide or deal Wlth any que<;tton or to determine any matter which is, by
or under this Act, required to be decaded or dealt with or to be determined
by any officer or authority unae1 thts Act.
• I 9. Protectzot1 of actzon taken ztz good faith.-No suit, prosecution or other
legal proceedings shall l1e aga1nst the Government or any officer for any act,
""htch ~~ 1n good fatth done or Intended to be done under this Act or the
rules made thereunder.
20. ]Jowe1 to remove diffzcultus.- ( 1) If any difficulty arises in giving
effctt to the provistons of thts Act, the Gov(,rnment may, by order published
in the G.tzet tc, 1nakt, such prov1sionc; not incons1~tent ,vith the provistons of
this .~ct which appear to thtm necessary for the purpose of removing the
difficulty:
Provided that no such ordet shall be made after the expit y .of two years
ft om the date on whtch thi~ Act comes 1 nto force,
(2) Every order made under th1s section shall, as soon as may be
•
0
L~
after it 1s made, be la1d before the LegiJlative .. J\ssembly. .
21. Power to make IU{es -The Government may, by notificatiotl ·in the ·0
Gazette, make rules to carry out the purposes of this Act.
(2) In parttcular, and \vithout prejudice to the generahty of the fore·
going power, such rules may provide for the followtng matter-s, namely:-
• (a) the fees payable en applicattons, appeals and clatms mad~ under
this Act and the persons by whom and the per1od wtthin which such fees
shall be paid ; '
,
- ---------------------------------------------
, '
r;
•
r ' \,.,. I
l -
, 111
\
(b) the pzocedure to be followed by the Settlement Officer;
(c) any other matter which under this Act is to be, or 1uay be
1 ,rescribed .
(3) Every rule made under this Act shall be laid, as soon as may ba
after it is made, before tt.le Legislative Assembly while it js in session fi•r R
period of fourteen days which may be comprised in one session or in two
successive se~sions and if before the expiry of the session in which it i1
so laid or the \Cssion tmn1ediately folJowing, the Legislative Assembly 1nnka1
any modification in the rule or decides that the rule should not be maule,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be ; so however that any ~uch modification or annul·
mcnt shall be without prejudice to the validity of anything previously done
under that rule.
22. l~epea/.-Proclamalions dated the 16th May, 188~ and the 7th August,
1893, relating to Viruthi Services and the Proclantation dated the 13th Mny,
1893, rftlattng to Service I nam Lands, issued by the Ruler of the fol·ntcr
State of TravancJrc and Proclamation No. Xll of 1122 dated the 21st
])ecctnbcr, 1946, protnulgated by the Ruler l')f the for1ner state of Cochin
as e hereby repealed.
• •
'