LexThe Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (No.20 of 1971)
Kerala · state statute
Open in Lexace · Ask the AI about this act193
THE SREE PANDARAVAKA LANDS (VESTING AND
ENFRANCHISEMENT) ACT, 1971
(Act 20 of 1971)
CONTENTS
~ Preamble.
Sections
1. Short t1tle and commencement
2. DefinitiOns.
3. Extinguishment and vesting of certam nghts of the
Temple.
4. Landholders to be vested w1th propnetary ri,5ht.
5. Treatment ol Thanathu lands
G. Compensatwn to the Temple
7 Certam landholders to pay eompensatwn for nghts
vested m them.
8 Liability to pay baste tax.
9 Issue of pattas and other documents to landholders.
10. Appomtment of officers to s\?ttle compensahon pay-
able by landholders and for tssue of pattas
11 Appeal
12 Revision.
13 CollectiOn of_ arrears of rent.
14 Certam amounts to be first charge
1;) ProviSIOn for Melkanganam staff
16 Admm1stratwn of temples under management of
Melkanganam
17 Fmahty of orders
18. lndemm!y
l C) ProvisiOns in regard to habihhes of the Temple.
20 Board of Revenue, D1stnct Collector and other officers
to have certam powers of ctvil court
21 Power to make rules
22 Effect of thts Act.
2:1 Amendment of seclwn 2, Act 13 0f HHll
The Schedule.
~/23-13
194
THE SREE PANDARA VAKA LANDS (VESTING
AND ENFRANCHISEMENT) ACT, 1971 *
(Act 20 of 1971)
An Act to provide for the enfranchisement of Sree Pandara
vaka lands held by landholders and for the vesting in
the Government of certain Sree Pandaravaka
Thanathu lands
Preamble.-WHEREAS It is expedient to provide for the
enfranchisement of Sree Pandaravaka lands held by land
holders and for the vestmg in the Government of certain
Sree Pandaravaka Thanathu lands ;
BE 1t enacted tn the Twenty-second Year of the Repubhc
of Incl1a as follows.-
1 Short title and commencement.-(!) This Act may be
called the Sree Pandaravaka Lands (Vesting and Enfranchise
ment) Act, 1971
(2) It shall come mlo force on such date as the
Government may, by notificatiOn in the Gazette, appoint
2. Definitions.-In this Act, unless the context otherwise ~
reqmres,-
(a) "appom1ed day" means the day on which this Act
comes mto force ;
(b) "basic tax ' means the tax imposed under the pro
visiOns of the Kerala Land Tax Act, 1961 (13 of 1961);
(c) "financial year" means the year commencmg on the
1st day of Apnl; '
(d) "holdmg" means any parcel or parcels of Sree
Pandaravaka land held by a landholder ,
(e) "kuthakapattom'' means a lease of Sree Pandaravaka
'l'hanathu lands or of trees on such lands granted for a con
SideratiOn payable m money or m kmd or m both, whether
annually or otherwise ;
(f) "Jandholder" means a pE-rson who holds Sree Pandara
vaka land directly under the Temple on Pattom. Otti,
Jenmom, Kudqenmom or Danam or under any other tenure
by whatever name called, and includes his heirs, legal
----- --------·---- --
*Pubhc;hed m the Gazette Extraordmary No. 295, dated 2Rth
.Tune, 1971.
195
representahves and assigns, but not include a person who
'·olds Sree Pandaravaka Thandthu lands on kuthakapattom;
(g) "prescnbed" means prescnbed by rules made under
?bs Act,
(h) ''rent" means whatever IS lawfully pdyable 111
money or m kmd or m both, to the Temple by a landholde1
tor the use and occupatiOn of any Sree Pandaravaka land .
(i) "S1 ee Pandaravaka land" means any land owned bv
the Sree Padmanabhaswamy Temple and registered m :he
revenue records as "Sree Pandaravaka";
(J) ··sree Pandaravaka Thanathu land" means land
registered as "Sree Pandaravaka Thanathu" m the revenue
records and includes such land<> held on kuthakapattam,
(k) "Temple" means the Sree Padmanabhaswamy
Temple at Tnvandrum
3 Extinguishment and vesting of cet·tain rights of the
Temple.-(1) Notwithstanding anythmg contamed in any law
or contract or m any judgment, decree or order of court, wtth
pffect on and from the appom1ed day,-
(::!) all nghts, title and mterest of the Temple m all
Sree Pandaravaka lands held by landholders shall stand
extmgmshed .
(b) all nghts, title and mterest of the Temple in all
Sree Pandaravaka Thanathu lands, except those referred to m
sub-sectiOn (2), shall vest m the Government;
(c) every bmldmg which Immediately before the
appomted day belonged to the Temple and was then bemg
used as an office m connectiOn with the admmistratwn of the
Melkanganam branch of the Sree Pandaravaka Department
t~nd for no other purpose, shall vest absolutely m the Govern
ment free of all enc•1mbrances
Explanation.-For the purposes of this sub-sectiOn.
"bmldmg'' mcludes the site on which I•t stands nnd any land
appurtenant thereto
(2) Nothmg contamed m sub-section (1) shall apply to
the lands specified in the Schedule
(J) The Government may, on bemg satisfied that any
S1·ee Pandaravaka Thanathu land is absolutely mdtspensahle
for the mamtenance, upkeep and use of the Sree Padmanabha
swamy Temple, or any temple at,tached thereto, dn·ect. bv
1J23-13a
196
notification in the Gazette, that the rights, title and interest
in respect of such land shall cease to vest m the Government
and thereupon such nghts, title and interest shall re-vest m
the Sree Padmanabhaswamy Temple.
(4) If any questwn arises as to whether any buildmg
falls or does not fall Within the scope of sub-section (1), 1t
shall be referred to rthe Government whose decisiOn thereon
shall be final and shall not be liable to be questioned m any
court of law.
4 Landholders to be vested with proprietary right.
Notwilhslanding anything contamed in any law or contract
or m any JUdgment, decree or order of court, with effect on
and from the appomted day,-
(a) every landholder shall, subject to the provlSions of
sectiOn 8, have full proprieltary nght m the land compnsed m
his holdmg, and such right shall be hen table and ahenable;
(b) except as provided m sectwn 13, no landholder
shall be hable to pay rent to rthe Temple.
5. Treatment of Thanathu Iands.-(1) Where in respect
of Sree Pandaravaka Thanathu lands vested in the Govern
ment under clause (b) of sub-sectwn (1) of sectiOn 3, there 1s
a lease on kuthakapattam, such lease shall be deemed to
continue under the Government on the same terms and
cond1t10ns as under the Temple
(2) SubJect to the provtstons of sub-sectwn (1), the
Government may, at any ~Ime after the appointed day, after
reserving the Sree Pandaravaka Thanathu lands necessary for
Governmerlt or public purposes, assign on reg1stry in such
manner and subject to such restnctwns and condtttons as may
be prescnbed. the remammg lands vested m the Government
under clause (b) of sub-section (1) of sectton 3
6 Compensation to the Temple.-(1) The Government
shall by way of compensatiOn for the extmguishment of the
nghts, tltle and interest of the Temple under clause (a) of
sub-sectiOn (1) of section 3 and for the vestmg m the Govern
ment of tis rights, title and interest m Sree Pandaravaka
Thanathu lands and of bwldmgs under clauses (b) and (c) of
that sub-section pay m perpetuity to the Temple every
financial year begmmng With the financial year m wh1ch the
appomted day falls, an amount of fifty-eight thousand and
five hundred rupees as annuity.
~
I
j
l
I
I
I
I
I
I
I
I
-~ I
,I
I
197
(2) The annutty payable under sub-section (1) shall be
patd m one lump every financial year on such date and m such
manner as may be prescnbed
7 Certam landholders to pay compensation for rights
vested in them.-(1) Every landholder, the annual rent pay
able by whom Immediately before the appomted day m respect
of all the SI ee Pandaravaka lands held by him Is more than
the amount calculated at the rate of four rupees and ninety
four paise per hectare of such lands, shall, in considerdtiOn
of the nghts conferred on htm under section 4, be liable to
pay to the Government compensation as provided m sub
sectiOns, (2) to (8)
(2) The amount Gf compensatiOn payable by a land
holder under sub-sectwn (1) shall be equal to sixteen tnnes
the difference between the annual rent payable by the land
holder tmmedtately bef•)re the appomted day 111 respect of all
the Sree Pandaravaka lands held by him and the amount
referred to m that sub-section
(3) Where the annual rent m respect of land compnsed
m a holdmg or part thereof Is fixed in paddy. ::.uch annual rent
shall, for tht. purposes of this sectiOn, be commuted mto money
at the rate of two rupees and twelve paiSe per standard para
of paddy:
Provtde<i that m respect of the lands m the Chiraymktl
taluk for whtch the commutatiOn rate adopted has been eight
dnd a half chakrams per para of paddy, the commutatwn rate
.;;hall be thirty patse per standard para of paddy
Explanation.-For the purposes of this sub-sectiOn,
"standard para" means the measure equivalent to 13·11 litres
( 4) The amount payable under sub-sectiOn (1) shall be
pcud In sixteen equal half-yearly instalments. the first mstal
ment commencing from such date as the Government may
specify by notification m the Gazette.
(5) If any mstalment of the compensation payable
under ::.ub-sectwn {4) is not paid on the due date, the amount
of such instalment shall bear interest at the rate of five per
centum per annum from that date hll the date of payment
of that instalment.
(6) Nothmg contained in sub-section (4) shall be deemed
to preclude s landholder from paymg at any tlme a larger
sum than the amount of an mstalment, or from paymg two
198
.
or more mslalments together, or from paymg the wh')]e
amount due lll one mstalment
(7) If any sum m excess of the ame>unt of any mstal
ment• 1s pa1d by the landlord, 1l shall be cred1ted towards
the succeedmg mstalment or mstalments
(8) Where a landholder pays the enL1re amount due m -..(,
a lump sum on or before the date on whiCh the first mstal-
ment ts payable, he shall be allowed a rebate of twenty-fi-JP
per centum of the amount so paid
H Liability to pay basic tax.-(1) With effect on and
frum the appomted day, all Sree Pandaravaka lands held by
landholders 1mmed1ately before that day shall be deemed to
be Pandaravaka lands for all purposes and shall, subJect to
the proviSIOns of the Kerala Land Tax Act, 1961 (13 of 1961).
be hable to be charged wtth baste tax
(2} The landholders shall be liable to pay the basic tax
dnd the proviSIOns of the Kerala Land Tax Act, 1961 (13 of
1961), shall apply for the levy and collectwn ut such tax
(3) ' Ra]abhogam" payable to the Government by any
J,mdholder m 1espect of any Sree Pandaravaka land shall cease ~
to accrue wJth effect on and from the appomted day.
9. Issue of pattas and other documents to landholders.-(1)
Af:.. soon as may be after the appomted day, the Government
!>hall tssue pattas or other documents ev1dencmg the full
jJropnetary nghts of the landholders in the1r holdmgs
(2) The paLrtas or other documents issued under sub
sectiOn (1) shall contain such particulars as may be prescnbed
10 Appointment of officers to settle compensation pay
able by landholders and for issue of pattas.-The Government
may appoint or authonse such officer or officers as .they deem
necessary for the purpose of makmg enquiry and determmmg
1he compensatiOn payable by the landholders to the Govern
ment under sectwn 7 and for the tssue of pattas or olher
documents under sectwn 9
11 Appeal.-(1) Any person aggneved by an order of
any officer :tppomted m· authorised under section 10 may
appeal to tht. Dtstrict Collectpr, Tnvandrum or any other
officer emr'J\\'ered In this behalf by the Government, Wlthm
s1xty days from the date of the order.
199
Exp)anation.-For the purpose of computmg the said
penod of SI"-tY days. the date of commumcat10n 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 agrunst which an appeal hes
under sub-sectiOn (1) shall be commumcated m such manner
as may be prescnbed
12 Revision.-(1) The Board of Revenue may, e1ther of
1ts own motwn or on applicatiOn by any person aggneved by
an order pa1-sed by any officer under th1s Act. call for and
examme the record of any proceedmg m wh1ch such order has
been passed, for the purpose of satisfying Itself as to the
legality, regulanty or propnety of such order or proceedmg
and pass such order thereon as 1t thmks fit
Provided that the Board of Revenue shall not call for
the record of any proceedmg If an appeal agamst the order to
whtch the proceedmg relates iS pending or 1f the t1me for
-rreferring appeal against such order has not exptred
(2) The Bodrd oi Revenue shall not of If!> own motwn
call for _and examme the record of any proceedmg under sub
~ectwn (1) tf the order to wh1ch the proceedmg relates has
tleen made more than two years previously
(3) In the case ol an application under sub-sect10n (1)
by any person aggrieved. the application shall be made WI·thm
1wu years from the date of the order m question
13 Collection of arrears of rent.-(1) Wtth effect on and
from the appomted day, the Temple shall not be entttled tu
collect any rent whtch accrued due to 1t from any landholder
10 respect of hts holdmg before, and IS outstandmg on, that
day, but the Tahstldar of tthe taluk in whtch the holdmg 1s
situate shall be enlt.Itled to collect all such arrears of rent and
any mterest payable thereon as if they were arrears of pubhc
revenue due on land :
Provtded that if a landholder pays w1thm two years from
the appomted day, in such manner as may be prescnbed, an
amount equal 1to the alTears of rent for a financial year or
the actual arrears outstandmg on the appomted day, whichever
is less, together with mterest thereon, all arrears of rent
shall be deemed to be fully discharged and no sutt or other
proceedmgs shall lie or contmue for the recovery thereof.
2oo
(2) Where the annual rent on any land comprised in a
holdmg or part thereof IS fixed m paddy, !:>Uch annual rent
shall. for the purpose.; of this sectiOn, be commuted mto
money at :the rate of two rupees and twelve paise per
standard para of paddy :
Provided that m respect of the lands m the Chtraymki~
taluk, for which the commutahon rate adopted has beer.
etght and a half chakrams per para of paddy, the commuta
tiOn rate shall be thirty patse per standard para of paddy.
Explanation.-For the purposes of thiS sub-sectwt.
''standard para" means the measure eqUivalent to 13 11 htre!.
(3) All amount~ paid or collected under sub-sectiOn (1)
shall be patd to the Temple after deductmg-
(a) five per cent thereof by way of collection
charges;
(b) the amount If any, due from the Temple to the
Government , and
(c) the rent, ll any, collected before the appomted
day by the Temple from any landholdEr m respect of the
financial year m which the appointed day falls or dt'ly sub
~equent financtal year
14 Certain amount~ to be first charge.-The compensa
tiOn payable by a landholder under sectiOn 7 and any amount
whtch the Tahstldar IS entttled to collect under sub-sectwn
( 1) of sectiOn 13 shall be a first charge upon the land m respect
of whtch such compensatiOn or amount ts payable. subject
Pnly to the charge for baste tax.
15 Provision for Melkanganam stafi.-Notwtthstandmg
<my law, custom or contract to the contrary. the following
provtsions shall apply m regard to the persons employed m
the Melkanganam Branch of 'the Sree Pandaravaka Depart
ment tmmedtately before the appomted day, namely:-
(a) The Government shall have power to termmate
the servtces of any such person after gtvmg htm one calendar
month's notice or paymJ htm one month's pay m heu of such
notice;
(b) persons whose servtces are retamed shall be
governed by such rule!> as the Government may make m
cegard to 'them.
l
1
l
I
j
l
1
I
201
16 Administration of temples under management of
Melkanganam.-Notwtthc:;tandmg dny law. custom or contract
to the contrary, the fvllowmg temples whtch have hitherto
been adm1mstered by the Melkanganam Branch of the Sree
Pandaravaka Departm :mt shall, on and from the appomted
day. be admm1stered by the Executive Officer appomted under
sub-sectiOn (2) of sect1nn 18 of the Travancore-Cochm Hmdu
Rehgwus InstitutiOns Act, 1950 (XV of 1 H50), m accordance
with the prO\·JSJOns of that Act -
(a) Sree Subramoma Swamy Temple, Puthenchanthdl,
Tnvandrum,
(b) Sabhapath1 Temple, Chala1, T11vandrum ; dnd
(c) Sree Vazhtchal Kanthan Sastha Temple, Vazh1chal.
Neyyattmkara Taluk.
17 Finality of orders.-(!) Any order passed by any
·fficer under th1s Act m respect of matters to be determmed
for the purposes of th!s Act shall, subJect only to any appeal
or revisiOn prov1ded under this Act, be find)
(2) No such order shall be liable to be questwned m
any court of law
13 Indemnity.-(!) No stut or other legal proceedmgs
shdll he agamst the Go\ ernment for dny act wh1ch 1s m good
fcuth done or mtended fo be done under thts Act or any rule
made thereunder
(2) No suit. pru~ecutwn or other legal p1oceedmgs shall
be mst1tuted agamst any officer or person duly appomted,
authonsed or empowered under th1s Act 111 respect of any·
thmg wh1ch IS m good fa1th done or mtended to be done under
th1s Act or any rule made thereunder
19. Provisions in regard to liabilities of the Temple.-(1)
All cla1ms and hab!ht1es enforceable unmed1ately , before the
appomted day agamst the Temple m respect of' any Sree
Pandaravaka land reftrred to in clause (a) or clause (b) of
~ub-section (1) of sec~JOn 3 or m respect of any bu1ldmg
referred to m clause (c) of that sub-sectiOn shall, on or after
that day, be enforceable only agamst the annUity payable to
the Temple under th1s Act
(2) All cla1ms and hab1hties referred to m sub-sectwn
(1) shall be enforceabl~ agamst the annmty payable to the
Temple under th1s Act to the same extent to wh1ch such
202
claim~ and habihtles were enforceable agamst the mterest of
the Temple m the said ldnd or bu1ldmg tmmedtately before
the appomted day.
(3) No court shall, on or after the appomted day, order
or contmue execution m respect of any decree or order passed
agamst the Temple or agamst the mterest 1t had in any Sree
Pandaravaka land or buildmg referred to m sub-section (1),
and executwn shall be ordered or contmued m such cases m
conformity wtth the previsiOns of sub-sectwns (1) and (2) only
as agamst the annUity payable to the Temple
(4) All nghts dnd pnvlleges whtch may have accrued
m any Sree Pandaravakc1 land or bUildmg referred to m sub
sectwn (1) to any person before the appomted day agamst the
Temple shall cease and cleltermme and shall not be enforceable
agamst the Temple or agamst the Government, and every such
person shall be erltttled only to such nghts and pnvtleges as
are recogmsed or confe1 red on h1m by or under this Act
20 Board of Reveuuc, Di~trict Collector and other officer"
to have certa,in powers of civil court.-The Board of Revenue,
the D1stnct Collector, Trivandrum and any other officer
exerc1smg any power or performmg any functwn under the
Act shall, for the pw poses oi this Act, have all the powers
of a ctvll court when trymg a sul't under the Code of Civil
Procedure, 1908 (CentJ c:.l Act 5 of 1908), in respect of the
followmg matters, namely·-
(a) summomng and enforcmg the attendance of any
person and exammmg rum on oath ,
(b) requmng the dtscovery and productiOn of any
document;
(c) recetvmg evidence on affidav1t; and
(d) requis1t1oning any pubhc record or copy thereof
from any court or office.
21 Power to make rules.-(!) The Government may, by
notlficahon m the Gazette, make rules for carrymg out the
provisions of lhts Act.
(2) In particular, and wtthout preJUdtce to 1 he
generality of the foregomg power, such rules may prov1de for-
(a) the procedure for the determmatlon of compensa
tiOn payable by the landholders under th1s Act;
l
j
I
l
(b) the procedure for the issue of pattas or oth~r
documents and the particular~ they "hould contam
(c) prescnbmg forms where forms are necessary,
(d) the procedure before the officers appomted or
authonsed under sectwn 10 and the procedure m appeals and
~ re\ tstons under this Act ,
(e) the manner m whtch and the condttions and
rest nc twns subJect to ,~·htch lands vested m the Government
unde1· thts Act may be asstgned ,
(f) any other matter wh1ch IS to be. or may be,
presC'nbed for the purposes of th1s Act
(3) Every rule made under this sectiOn ~hcl.ll be laid as
soon as may be after Il IS made before the Legtslaltve
Assembly while 1t IS m sesston for a total penod of fourteen
days whtch may be comprised m one sesswn or in two
successtve sesswns, and if before the expiry of the sessiOn m
whtch tt ts so latd or the ~esswn unmedtately followmg, the
Legtslahve Assembly makes anv modtficatwn m the rule or
dectdes tha)t the rule should not be made. the rule shall
thereafter hcl.ve effect only m ~uch modtfied form 01 be of no
effect as the case may be, so however that any such modi
ficatiOn or annulment shall be w1thout preJUdice to the
vahdtty ol anythmg previously done under that rule
22 Effect of this Act.-The p1 ovtswns under this Act
shall be deemed to be "o'ther arrangemenb'' made regardmg
the management of Sree Pandaravaka propert1e~ wtlhm the
meanmg of sectiOn 23 of the Travancore-Cochm Hmdu
Rehgwus InstitutiOns Act, 1950 (XV of 1850).
23. Amendment of section 2, Act 13 of 1961.-In sect10n
(2) of the Kerala Land Tax Act, 1961 (13 of 1961), m sub
sectiOn (1), clause (it) shall be om1tted.
THE SCHEDULE
[ See section 3 (2) ]
Survey Extent
Village number Acre Cent Tenure Devasuoms
Vanchiyoor 560/4 I 82 Sree Pandaravaka Tqanathu 1
Village Pooja Nelpura
Do. 560/134 .. 12 Poramboke -Sirkar
Thanathu Ulsavamatom >- Sree Padmanabha
Do. 560/135 3 2 Sree Pandaravaka Thanathu I Swan:y Temple
Do. 660/268 .. 14 Sirkar Nellukuthupura I Do. 560/311 .. 7 Sirkar Thanathu ChottupuraJ
Do. 587 .. 36 Sree Pandaravaka Thanathu Sree Padmanabhaswamy
Temple ~'-,:)
(;\1ithranandapuram 0
Nambimatam) ~
Do. 719 . . 19 Sree Pandaravaka Thanathu Sree Padmanabhaswamy
Virakupura Temple
Do. 1200 .. 51·448 Kularn Poramboke • do.
Do. 1201 I 16·973 Sree Pandaravaka Subramonia Swamy
Thanathu Temple
Chengazhaserry 2757 .. 73 do. Sabhapathy Temple at
Chalai
~ A
.._
- -~ - --- --- ~---- -· --- - ----