The Sreepadam Lands Enfranchisement Act, 1969 (No.20 of 1969)

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THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969 
(Act 20 of 1969) 
CONTENTS 
Preamble. 
Sections 
I. Short title and commencemeut. 
2. Defimtions. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15 
16. 
1 7. 
18. 
19. 
Extinguishment of the nghts of Sreepadam Palace. 
Landholders to be registered holders under Government. 
Compensatron to Srcepadam Palace. 
Treatment of lands held on Kuthakapattom. 
Treatment of Thariss 1 • 
Recovery of amounts due to Government. 
Liab1hty to pay basic tax. 
Collection of arrear3 of rent. 
Issue of Patta~, etc. to landholders. 
Appomtment of officers to settle tax, etc. 
Appeal. 
Revision. 
Finality of orders. 
Indemnity. 
Provision in regard to liabilities of Sreepadam Palace. 
PO\\ er to make rules. 
Amendment of Act 13 of 1961. 
THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969 * 
(Act 20 of 1969) 
An Act to provide for the enfranchisement of Sreepadam lands 
on payment of compensation and for matters connected 
therewith 
Preamble. -WHERE-\S rt i~ exr:edrent to provide for the enfran• 
chisement of Sreepadam lands on payment of compensatiOn and for 
matters connected thcrewrth; 
BE 1t enacted m the :"J'JHetecnth Y car of the Repubhc of India 
as folio\\ s -
1. Short title and commencement.-(1) Th;s act may be 
called the Srccpadam Lands Enfranchrsemcnt Act, 1969. 
• Published 111 the Gazette c"traordmary No 99, dated 9th Apnl, 1969. 
110 
(2) It shall come into furce on such date as the Government 
mav, by notification in the Gazette, appoint. 
2. Definitions.- In this Act, unless the context otherw1se 
requ•res,-
(a) "appo1 .. ted day" means the day on which this Act co;::;es 
into force, 
(b) "basic-tax" means the tax 1mposed under the provisions 
of the Ke1ala Land Ta" Act, 1961 (13 of 1961), 
(c) "financial year" means the year commencing on the 1st day 
of April; 
(d) "holdmg" means any parcel or parcels of Sreepadam lands 
held by a landholder, 
(e) "kuthakapattom" means a lease of Sreepadam lands or of 
trees on such lands or of both, granted for cons1derat10n payable in 
money or m kmd or in both, whether annually or otherwise; 
( f) "landholder" means a pe1 son holding at the commencement 
of th1s Act Sreepadam lands on Sreepadam pattom or othe1 favourable 
tenures, but does not mdude a person holdmg Sreepadam lands on 
Kuthakapattom; 
(t;) "presCIJbed" means prescnbed by rules made under this 
Act; 
(h) "rent" means whatever is lawfully payable in money or m 
kmd or 111 both, to the Sreepadam Palace by a landholder for the 
use and occupatiOn of any Sreepadam land; 
(1) "Sreepadam lands" means-
(1) lands compnsed m the free-hold villages of ldakkode, 
Illamba, Mudah.kal, Alamkodu, Avanavancherry, Attingal and 
Kdattmgal 111 the Ch1raymkd Taluk, the revenue from wh1ch is 
wholly assignr_d m favour of the Sreepadam Palace, 
(1i) othe• lands not bemg pandaravaka lands Situate in the 
State of Kerala and owned by the Srccpadam Palace; 
( j) "tha1 issu'' means any land entered as tharissu 111 the 
revenue rec01ds (other than lands held under kuthakapattom) and 
owned bv the S1 ct>padam Palace, but docs not wclude any such land 
held by a landholl.er. 
3 Extinguishment of the rights ofSreepadam Palace. -Not­
~idthstandmdg anyt 11ng cdonta1fned 111 anythlaw cror contracdt ofr in anhy k 
JU gment, ecree or or er o court, WI euect on an 1om t e 
appomted day,-
(a) all rights, title and mtere~t of the Sreepadam Palace 111 all 
Sreepadam land, held by landholders shall stand extmguished, 
( 
i 
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(b) all Sreepadam lands held on Kuthakapattom shall vest in the 
Government; and 
(c) all tharissu shall vest m the Government. 
4. Landholders to be registered holders under Govern­
ment.--NotwJthstandmg anythmg contamed in any law or contract or 
in any judgment, decree ur order of court, with effect on and f10m 
the appomted day,-
(a) every landholder shall, subject to the provisions of section 9, 
have full propnetorsh1p in the land comprised m his holdmg, and such 
right shall be hentable and alienable; 
(b) except as prov1ded m section 10, no landholder shall be 
liable to pay rent to the Sreepadam Palace. 
5. Compensation to Sreepadam Palace.-( I) The Government 
shall, by way of compensation for the extmgUishment of the rights, title 
and mterest of ti-)e Srcepadam Palace under clause (a) of sectiOn 3 and 
for the vesting in the Governmc.nt of the S1 cepadam lands held on 
Kuthakapattom, under clause (b) of th<~t section, pay m pcrpet111ty to 
the Sreepadam Palace every financ1al year beginnlllg with the financial 
" year in wluch the appointed day falls, an amount of 31,075 rupees 
as annuity. 
(2) The Government shall, by way of compensation for the 
vestmg of tharissu in the Government under clause (c) of sectwn 3, 
pay to the Sreepadam Palace an amount calculated at the rate of four 
hundred and nmety-four rup.-es per hectare of thanssu. 
(3) The annmty payable under sut-section (I) shall be paid 
m one lump every financial year on such elate and m such manner as 
may be prescribed. 
(4) The compensatiOn payable under sue-section (2) sh,dl be 
paid m one lump and shall bear mtere~t at the rate of 5 per cent per 
annum from the appomted day 
6. Treatment of lands held on Kuthakapattom.-( I) \Vhcre, 
m respect of any Srcepadam land, there 1s a lease on Kuthakap::~ttom, 
such lease shall be deemed to cont,nue under the Gove1 nment on the 
same terms and condJtJ<)nS as under the Sreepadam Palace. 
(2) Subject to the prOVISIOnS of sur-~ection (1), the Govern­
ment may, at any tm:e after the appointed dav, after reserving the 
lands nece~~ary for Government or public purposes, assign on registry 
10 such manr.er and on payment of such consideration as may be 
prescnbed the remaimng lands vested in the Government under clause 
(b) of section 3, 
I 
112 
7. Treatment oftharissu.-(1) All tharissu vested in the Govetn• 
ment under clause (c) ofs<>cticn 3 shall be sul\eyed and demarcarcd 
in such manner as may be pre;c1ibed. 
(2) After the survey and demarcation of all tharissu as pro­
vided in sub->ectJon (I), the Government ~hall, after re<>ervmg the 
t hari~su neces<>ary for Gm·ernment or public pm poses, assign on 
registry the remaining tharissu to such pe1 sons, in such manner and on 
payment of such cons1det at IOn as may be prescnced · 
Provided that preference shall be g1ven to the persons in actual 
occupation of the tharissu Jmmedtately before the appointed da~. 
8. Recovery of amounts due to Government.-AII amounts due 
to the Government a<> arrears of Kuthakapattom or towards consideration 
for ao;qgnment of Ia nrls on 1 eg1stry shall be a fi1 st charge on the land 
held under such Kutha kapat tom or aso;1gned on such registry and shall 
be recoverable a<> arrea1s of land revenue under the Revenue Recovery 
Act for the 1iwe bemg m force. 
9 Liability to pay basic tax.-( I) With effect on and from the 
appOinted day, all Srecpadam la~d'> held by landholders immediately 
before that day shall be deemed to be pandaravaka lands for all 
purposes and shall be lmble to be charged with l:asic tax. 
(2) The landholdeis shall be liable to pay the bas1c tax and the 
provisiOn'> of the Kerala Land Tax Act, !961 (13 of 19Gl), shall apply 
to the levy and collection of such tax. 
(3) "Ray1hhogdm" payable to the Government by any lard­
holder m respect of any Srec.padam l.nd shall ceao;e to accrue w1th effect 
on and f1om the ,1ppomtecl d.1y. 
I 0. Collection of arrears of rent.- (I) W1th effect on and from 
the appmnte t r-lay, the SI.:ep::tdam Palace o;hall not be entttled to collect 
anv re••t \\h1ch ac::t•Icd due to It ftom anv landholder 111 rest c.ct of hi:; 
hold 1ng bLfore, a'ld ,, out>tanrltng on th'at day, but the Taho;tld"r of 
the taluk 1:1 v- h1ch the holdtng i~ Sl!Udte shall be ent!lled to collect all 
such arrears of rent and any mterl'st payable there-:m as if th<>y wrre 
arrear<; <•f pubhc rrvenuc due on land : 
ProvH.Ied that 1f a landholde1 pay<> withm two yearo; from the 
+ 1 
I 
I 
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I 
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I 
I 
appointed day in such manner as may be prescnbed an amount equal Ar-, 
to the arrear<. of rent for three finanCial years or the actual a1rea•s out· 
standmg on thr appomtcd day, v,.bJcl1ever ts les,, together with mtere~t 
thereon, all anc.no; ofi·:nt shall be deemed to be fully dtschargcd and 
no suit or other proc<'edings <>hall be or contmue for the recovery 
thereof. 
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113 
(2) All amounts po1id or collected under sub-section (l) shall be 
paid to the Sreepadam Palace after deducting-
(a) five per cent thereof on account of collection charge~; 
(b) the amount If any, due from the Sreepadam Palace to the 
Government. 
(c) the rent, If any, collected before the appointed day by the 
Sreepadam Palace from any landholder in re'>pect of the financial year 
in which the appomted day falls or any ~ubs~quent financial year. 
(3) All amounts which the Tah~ildar is entitled to collect 
under sub•3ection (I) shall be a first charge upon the land in respect of 
which such amount~ are payable, subject only to the charge fin· 
bas1c tax. 
I I. Issue of pattas, etc., to landholders.-( I) As soon as rna y 
be after the appointed day, the Government shall issue patta> or other 
documents evidencing the right of the landholder in the lands comprised 
in their holding~. 
(2) The patta~ or other document~ i~sued under sub-section ( l) 
shall contain ~uch particulars as may be prescribed. 
"f' 12. Appointment of officers to settle tax, etc.-(1) The 
Government may appoint or authonse such officer or officers as they 
deem necessary for the pUI p')sc of s<'ttling the tax or other dues payable 
by landholders to the Govetnmcnt or to any other authonty and for 
the issue of the pattas or other documents referred to in sub•sectwn 
(I) of ~ectwn II . 
(2) An officer appointed or authorised under sub-section ( l) 
shall perform such other functions as may be prescribed. 
13. Appeal.-( I) Any person aggneved by an order of any officer 
appomted or authorised under sub•scc1ion (I) of section 12 may appeal 
to the Revenue Divisional Offic~r havin~ jurisdictiOn over the area in 
whtch the holding is Sitllate, w1thm sixty days from the date of the 
order. 
Explanation.-For the purpose of comput1ng the said period of 
sixty days, the date of communication of a copy of the order to the 
appellant shall be deemed to be the date of the order. 
(2) A copy of every order against which an appeal hes under 
sub-section (I) shall be communicated in such manner as may be 
prescribed. 
14. Revision.-The District Collector may, either suo motu or 
on an applicatiOn by a landholder, call for the record of any proceeding 
In which an order has been passed by the Revenue DivisiOnal Officer 
under section 13, and may make such mquiry or cause such inquiry to 
be made and pas~ such order thereon as he thmks fit : 
3j20-8 
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Provided that the District Collector shall not revise any order 
under this sect1on m any ca~e-
(a) where the application is made by the landholder for such 
rev1sion, unless the apphcatwn 1s made within one yea1 from the date 
of the order sought t) be revised ; and 
(b) where the order 1s sought to be revised by the District 
Collector of h1s own motwn, if such order is made more than one year 
previously. 
15. Finality of orders.-(!) Any order passed by any officer or 
authonty under this Act in respect of matters to be determined for the 
pm poses of this Act shall, subject only to any appeal or revision 
prov1ded under this Act, be final. 
(2) No such order shall be liable to be questioned in any court 
of law. 
16. Indemnity.-(!) No suit or other legal proceedmg shall lie 
against the Government for any act wh1ch 1s in good fa1th done or 
mtended to be done unde1 th1s Act. 
-t ' 
(2) No suit, prosecutwn or other legal proceeding shall be '"'(" 
instituted agamst any officer or other person for anythmg m good faith 
done or mtended' to be done under th1<; Act or any rule made there· 
under. 
1 7. Provisions in regard to liabilities of Sreepadam Palace.­
( I) All cla1ms and liabilities e11forceable immediately before the appoin· 
ted day against the Sreepadam Palace m respect of any Sreepadam lands 
shall, on or after that day, be enforceable only against the annuity or 
compensatwn, as the case may be, payable to the Steepadam Palace 
under tl11S Act, and to the same extent to wh1ch such claim and liabili· 
ties wet e enfm ceable against the intere~ts of the Sreepadam Palace w 
the said lands Immediately before the appointed day. 
(2) No court shall, on or afte1 the appomted day, order or 
contmue ell.ecutwn in respect of any dec1 ee or order passed agamst the 
Sreepadam Palace or agamst the mterest It had in any Sreepadam lands, 
and ext.cutwn shall be ordered 01 contmued m such cases in conformit~ 
with the provi~wns of sub-sectiOn (I) only a<; agamst the annmty or 
compematwn payable to the Sreepadam Palace. 
{3) All nghts and pnvlleges which may have accrued in any . .h-
Sreepadam lands to any person before the appomted day against the 
Sreepadam Palace sha!l cea~e and determine and shall not be enforce-
able agamst the Sreepadam Palace or agamst the Government, and 
every such per~on shall be entitled on lv to such 1 ights and priv1leges as 
are recognised or confened on him by or under this Act. 
115 
18. Power to make rules.-( I) The Government may, by notifi. 
cation in the Ga7ctte, make rule~ f01 the purpose of carrying into effect 
the provisions of th1~ Ac,. 
(2) In pat ticular, and without p1 ejucice to the generality of the 
foregoing power, such rule~ may provtde for-
(a) the p10cedU1e for the issue of pattas or othe1 documents 
and the particulars they ~hould conrain ; 
(b) ptescnbing forms where forms are necessary; 
(c) the fees for appeal~ and appltrations for revision under 
this Act, 
(d) regulating the powc1s of the Revenue Diviswnal Officer 
in appeals unde1 tht~ Act and the procedure to be followed in such 
appeals . 
(~') any other mat\er which has to be, or may be, prescribed 
(3) Every JU!e made under this section shall be laid as soon as 
may be after it JS made before the Legtslattve Assembly whde 1t is in 
sesston for a total period of fourteen day~ whtch may be comprised 111 
one sesswn or in two success1vc sessiom, and 1f before the cxp1ry of the 
ses•ton in wh1ch 1t is '>0 laid or the •e~~ton Hnmediatcly followmg, the 
Legtslative As~embly makes any modd'icatwn 111 the rule or decides that 
the tule should not be made, the rule shall thereafter have effect only 
in such modified form or be ol no effect, as the case may be ; so hoY.• 
ever that any such modificatiOn or a!~nulment shall be without prejudice 
to the validity of anythmg previously done under that rule. 
19. Amendment of 
Kerala Land Tax Act, 1961 
(iii) shall be '3m Ittcd. 
3/20-Ba 
Act 13 of 1961.-ln section 2 of the 
(13 of 1961), m sul-section (1), clause 

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