LexThe Kerala Land Conservancy Act, 1957 (No.8 of 1958)
Kerala · state statute
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THE KERALA LANp CONSERVANCY ACT, 1957
(Act 8 of 1958)
CONTEKTS
-Sections.
1. Suort title, extent and commencement.
2. Repeal. '
3. Property of Government defined.
4. (l)"Poramboke" defined.
(~)''Uccupant". detmed,
5. Lmd which is the property of Government not to be occupied
without permission.
fl 1<'11-rt.h, metal, llltPritE:>. lime-shell, etc., not to be r~moved from
Lmd which is property of Government without permit.
7. Pumshment for una.utborisedly occupying a land which is the
property of Government.
8. (1) Levy of assessment on lands whJCh are the property of
n"v~!'mn-.::nt t!~P.uthcdsedly occupied.
(2) Levy of prohibitory assessment on poramboke unauthori
~<>dly occupied.
9. Liability tor unauthorised occupation.
10. Penalty for destruction or appropriation of trees.
11. (l) Liabihty of unauthorised occupant to summary eviction·
forfeiture of cropR, etc.
{~) Mode of eviction.
12. Prior notice to occupant, etc.
13. !:'uwer to mako:; I'Ules.
14. Recovery of fines, assessment, etc., as arrears of land revenue'
15. Officers to exercise powers of Collector.
16. Appeal aud revision.
17. Luni tation of appeal.
18. Petition of appea.l to be accompanied by the order appealed
against.
19. S.:. ving of operation of other laws in force,
20, Saving of suits by persons aggrieved by proccedmgs under
th1s Act.
Schedule
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ACT 8 OF 1958
THE KERALA LAND CONSERVANCY ACT, 1957
An Act to check the unauthorised occup(lfinn of r:01•ernmenf l,.niJs.
P1eamble -WHERF.AS It i& necessary to t•nact n umform law for
chcckmg the unauthorised occupatiOn of Govnmmcnt lands,
BE It enacted m the Eighth Year of the lf.cpub!J<' of India as follows.
l. Short tztle, fxtent and commencem1 nt.-( l) This Act may
be called the Kerala Land Conservancy Act, I 0!17.
(2) It extends to the whole of the ~title of Kt•rala
(3) It shall come into force at once
2 Repeal.- The Travancore-Cochin Lam! Consct·vancy Act, 1951,
nnd the Madras Land EnciOachmcnt Act, 190/i, as mlorce in the l\ialabar
1hst •·ict referred to in sub-section (2) of section 5 of the States Reor
gamsatJOn Act, 1956 (central Act 37 of 1~56), arc he~·cby rcpc:1!d.
3. Property of Government defined.-( I) All public roads,
streets, lanes and paths, the bridges, dttcheH, dykeH ~tnd fences on 01:
beside the same, the bed of the sea and cf harbcur3 nnd cr~:cl~-; b~low
high water mark, the beds and banks of rivet'!:!, ~:~trcams, migation ,wd
drainage channels, canals, tanks, lakes, backwnt,ers und water courses,
nnd all standing and flowmg water, anrl all landH wht•l esoever situated,
snvc in so far as the same are the property of-·
(a) Jenmies or holders of Inams, or
(b) holders of lands in any way subjeot to the payment of land
mvenue to the Government, or
(c) any other registered holder of land in proprinl.ary right, or
(d) any person holding land under grant from the Government
otherwise than by way of a hcence, or
(e) any person claiming through or holdmg ut1der any of the
Jll!rsons referred to in clauses (a), (b), (c) or (d),
me, nnd are hereby declared to be, the propert.y of Government, except
nR may be otherwise provided by any law for 1 he timo bemg in force,
subject to all nghts of way and other public t·•ghts and to the natw·al
.rJHl casement rights of other land owners and to all oustomary rights
l!•gally su~sisting. '
Explanatwn I - Lands oMe registered in the IIILme of a person
but subc;;eqnently abandoned or rehnqmslll'd, and all lands held by
right of escheat, purchase, resumptiOn, reverswn m· ncquisition under
the Land AcqUisition Act for the t1mt1 lJC'mg m force, are tho
p10perty of Government vnthm the meani11g of thiH section.
Pnbhshed in the Geze!!e Extreordinery deled 15th January 1958
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Explanation IJ •• In this &t:c.tion, the expression
mark' means the highest point reached by the ordmary
at any season of the year.
'high water
sprmg tide
Explanation Il I.. Where, in regard to roads, lanes and canals,
survey stones had been, m the ongmal demarcation under the
Sun·ey Act m force, planted for the sake of convenience and safety
mside compound walls and gates of compounds in bouse verandhas,
door steps, p01 tlCoes, masonry drams and similar structures of a
permctnent nature, such walls, gates, verandhas, etc., shall not be
deemed to be the property of Go,·crnmcnt Withm the meanmg of
th1s sect10n •
(2) All unassessed lands within the limits of private estates used
or reserved for public purposes or for the communal use ofnllagers, and
all pubhc roads and streets vestt:J in any local authority shall, for the
purpose of this Act, be deemed to be the property of Govemment.
4 (l) "Poramboke" defined.- "Poramboke" shall mean and
il~clude unassessed lands which .. u·e: the property of Government under
section 3 ( l) or (2) used or re<>erved for public purposes or for the com
munal use of villagers such as-
( a) all pubhc roads, st.rects. lanes, pathways. the bridges, drtches
dykes and fences on or bes1de the &arne,
(b) the beds and banks of 11reJs, rwgatwn and chctmage channels
traffic canals, tanks, lakes back-waters and water courses.
(c) market<>, burial ground<:, landmg ghaut'l, and
(d) all other property wluch the Govecnment may, for the pur
pose of tlus Act. from time to time, declare to be poramboke
(2) "Occupant" defined.- "Occupant" sha II mean a person
actually in possessiOn 01: occupatiOn of a land whiCh IS the property of
Go\·ernment
J Land wh1clt zs the property of Government not to be
occnpted u:zthoul penmsswn.-Fmm and after the commencement
of th1s Act, :t shall not be lnv. ful for any person to occupy a land '~hiChC:
IS the propm ty of Government, whether a porambokc or not, Without
permisswn from the Go,·ernment or such officer of the Go,-ernment as
may be empowered m tins behalf
6. Earth, metal, latente, lime-shell etc., not to be remobed
from landwhzch 1s p10perty of Government wtlhout permit.
(1) It shall not be lawful for any person to destroy, remoYe
or appropnate for hrmself earth, metal, latente, IIme.shell or such other
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n1l iclt·H of value as may be not1fied by the GoVPmmenl from any land
which is the property of Goverment, whether n J1oramb11ke or not, except
nnrlrl' and m accordance w1th the terms anrl conditions of a permit
iAsucrl by the GO\·ernment or such officer of ~!10 Govc1nment as may b9
ompowered in that behalf and on payment of eompensation at the rate
pn•Hcwibed under sub-section (2).
(2) The Government may, from time to time, by notification m
tlw Onzctte, prescnbe the rate at which comprnsat10n Rhall be pa)'able
fo1· rn rt.h, metal, latente, lime-shell or other I 0111fied nrt!Cles of value
riPRtroycd. removed or appropriated from land which is the property, of
( lovornment.
(:J) Whoever unauthorisedly destroys, rmnoves or appropriates for
hlmHPlf earth, metal, latente, hme-shell or othor nohfiPd articles of value
f'1·om nny land '" l11ch IS the property of Gove1 JlmPnt, \I hether a porum
holm 01· not, shall be hable to pay such fine noL exceeding fifty rupees as
may he 1mposed by the Collector and shall aiHn be lial•le to pay by way
of dnmages an amount equivalent to the compcnsal ion whtch would
lmv1' hcen payable if sub-sect10n (2) were appheablo lheiC to.
(4) The Goverment may remtt m wholo or m part the compcn
•ml ion or damages payable under th1s section,-
(a) in fM·our of any agricultunst, if 1l1c earth, metal, latente,
I imc-shcll or other notified articles of value d1•RI royed, 1 emoved or appro
priated is for bona fide agncultural purposes or
(b) in favour of a co-operative society,
7 Punishment for unauthortsedly ncr.upytn(J a land wh tch
iB the properly of Gove1nment.-Whoever IH'«:llptes a land '\\h!Ch IB
I he pl'Operty of Government, whether a pora mhoke Ol' not, contrary to
tu·ct10n 5 shall be hable to pay such fine not ('Xcecdmg two hundred
rup1•rs as may be Imposed by the Collector.
Explanation-A tenant unauthonsed ly lholding over after the
nxpil-y of h1s term of lease IS hable to a line wtthin the meanmg of
tlua section
8. (I) Levy of assessment on lands u·hich rtre the property of
flove1nment unauthorisedly occupied.-Any person unauthorisedly
occupymg a land wluch ~~ the p10pcrty of' Goverument other than
It poramboke anrl hablr pay a fine undct f!t•ction 7 shall, m additiOn,
be linhle to pay by wa, of assessment for tho whole pezwd of h1s occupa
t.um such amount as may be fixed by the Collector in accordance With
1 P rate that may be prescnbed by the Go\'('J'Ilment from t1me to t1mc
in l his behalf
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(2) Levy of prohibitory as,essment on poramboke unauthorisedly
occupied.-Any person unauthorisedly occupymg a poramboke
and liable to pay a fine under section 7 shall, m addrtwn, be hable
to pay such prohrbitory assessment for the whole periOd of
occupation as may be Imposed by the Collector.
Payment of assessment under sub.sectwn (I) or prohibitory assess
ment under this sub. section shall not confer any right of occupancy, and
the liability to pay such assessment shall cease from' the date on which
the land concerned IS rehnqmshed.
9. Liabtlity for unavthorised occupation.-Any person un
authonsedly occupymg any land whiCh is the property of Government,
whether a poramboke or not, ami hable to a fine under scctron 7 shall,
in addition to the assessment or prohibitory assessment to whiCh he may
be liable under sectwn 8. be hable foF the value, as ad]udg~d by the
Collector, of any useful tree destroyed or appropnated by him
IO. Penalty for destruction or approprwtion of frees.-Any
person who destroys or appropriates any useful tree belongmg to t.he
Government shall be liable for damages not exceeding three, times tbe
value of the tree as adjudged by the Collector, and shall also be liable
on conviCtiOn by a mag1stJ ate to be punished With impnsonment for a
term extending to s1x months or "With fine not exceedmg five hundred
rupees, or with both
II. (I) Liability of unauthorised occupant to summary eviction,
jorfetlure of crops, etc -Any person unauthonsedly occupymg
any land for which he IS hable to pay a fine under sectwn 7 and an
assessment or proh1b1tory assessment under sectiOn 8 may be summarily
evicted by the Collector, and any crop or other product raised on the
land shall be hable to forfeiture, and any butldmg or structme erected
or anythmg deposited thereon shall also, if not removed by him after
such wntten notice as the Collector may deem reasonable, be liable to
forfeiture. Forfeiture under this sectwn shall be adjudged by the
Collector and any property so forfeited shall be disposed of as the
Collector may direct.
(2) Mode of evictwns.-An evJCtion under this sectiOn shall be
made in the followmg manner, namely -
By serving a notiCe on a person reputed to be in occupation or his
agent reqmring him Withm such t1me as the Collector may deem reasona
ble after receipt of the said notiCe to vacate the land, and 1f such notice
is not obeyed, by removmg or deputing a subordmate to remove any
person who may refuse to vacate the same, and, if the officer removmg
any such person shall be resisted or obstructed by any person, the
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CoUcctor shall hold a summary enqmry mto the fac1.H of the case, and,
If BILl isficrl that the resistance or obstructiOn still con I inues, may issue a.
wammt for the arrest of the said person, anrl on hill appearance may
scncl him w1th a warrant in the form of the Rcheduln for imprisonment.
jll tllc Cinl Ja1l of the district for such periorl not mu:cedmg 30 days afl
mny be necessary to prevent the continuance of s11ch obstruction or
rP~:~istance
Provided that no person so committc•cl or impt isoned ·under th1s
scotion shall be liable to be prosecuted unrlcH' sectiOn 183, 186 and 188 of
tho Jndmn Penal Code m respect of the same facts.
I 2 Prwr notice to occupant, etc.-Tho Collm:tor shall, before
pasHing an order under this Act, give notico to the occupant or other
purHon hkely to be affected by the order, uud rcc·ord any statement
whi<'h such occupant or person may mako nnd any evidence which he
mny adduce w1thm a reasonable time; and all orders passed by the
Collector under this Act shall be m wnting und under his hand.
The Collector may reqmre any subordina.te officer not below the
mnk of a Deputy Tahsildar to hold the enquiry WI prescribed in para
graph 1 of this sectwn and s~bmit the rf'c'OJ d to him. On such record
tho Collector may pass orders.
For the purpose of section 199 of tho Inrl ian Penal Code the
proeeedmg~> taken by the Collector unde1 tllis sect ion shall be dcemc!l to
he judiCial proceedmgs.
13. Power to make rules.-(!} The Government may make rules
or orders, either generall7 or many partwulnr mstnnce,-
(a) regulatmg the rates of assessmont undl'l' section 8 (1),
(b) regulatmg the imposition of prohibitory assessment unrler
section 8 (2),
(c) declarmg tl1at any partiCular lnncl or dnss of lands shall not
be open to occupatiOn;
(d) H'gulatmg the se1 VIce of notH'«'Il under this Act;
(e) regulatmg the manner m whid1 the powers of the Collector
under this Act may be exercised, a1ul
(f) generally to carry out the provii!Jons ol tins Act.
Such generalxules or orders shall J,o made only after previous
publicatiOn 1p the Gazette.
(2) All rules and orders framed under snb-section (I) shall be
placed on the table of the Assembly for n period of fourteen days when
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it is in session and shall be subject to such modification by way of
amendment or repeal made by the Assembly during the per·iod when
they are so laid.
14. Recovery of fine~, asse~sment etc., as arrears of land revenue.
Ail fines, assessments and prohibitory assessments, value of
trees destroyed or appropriated, compensation or damages paya.ble under
section 6 and all costs of eviCtiOn and rem::>val of encroachments shall be
recovered ;s arrears of land revenue under the provisions of the Revenue
Recovery Act for the time bemg m force
15. Officers to exPrcise powers of Colleclor.-The Government
may, by notification m the Gazette, authorise any officer by name
or by VIrtue of his office to exercise all or any of the powers conferred
on a Collector under thi'> Act
16. Appeal and rem~ion •• -(1) The Government may, by notdic:l
tion m the Gazette, direct that an appeal from the decision or order of
any officer empowered under sectwn 15 shall he to the Collector.
(2) No order shall be p:lssed m appeal without prevwus notice
to the party to be affected by such order.
- (3) There shall be no appeal agamst the decisiOn or order passed
in appeal by the Collector.
(4) It shall be lawful for the Board of Revenue to revise any
dee1sion or order pas'>ed by any officer '>ubordmate to the Board of Re
venue under th1s Act
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Provided that no order settmg aside or mod1fymg any such
decision or order shall be passed Without, g1vmg previous nottec to the
party to be affected thereby.
(5) Pendmg disposal of any appeal or reviSion petitiOn under this
Act, the appellate authonty or the revisional a.uthonty, as the case m~y
be, may suspend the executiOn of the order appealed or petitiOned
agamst
17. Ltmttation of appeal -No appea.l shall be brought after the
exp1ra.t10n of 60 days from the date of the decision or order complamed
of, provided that, m computmg the period of 60 days, the time re
qmred to obtam a copy of the decision or order appealed agamst shall be
exduded, but the appeal may be admitted after the period hereby pre
scribed when the appellant satisfies the authonty to whom he appeals
that he had sufficient cause for not preferring the appeal w1thm the per1od
prescribed.
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I H. Petition of appeal to beaccompanied l1y the ortler appealed
again&t.-Every petitwn of appeal under t.}us Ac·t shall be
1wcompanicd by the decision or order appealed agu inst or by an authen
t Irlltl'd copy of the same.
Ill. Savtng of operatwn of other laws in fnrce.-Nothing
coni nincd in this Act shall be construed as exempt.mg any person un
n.utlllli'IScdly occupying land from liability to be pl'occeded ngainst under
nny o1 her law for the time bemg m force.
Provided that, if any penalty has been levl!'cl undc1· section 7 or
. scot ion H of th1s Act, no simllat· penalty shall be J<.,·ird frc•m h1m under
any o1 her law m respect of such occupation.
!.!0. Saving of suits by persons agqrieved by procrrdtngs under
thi& Act -No smt agamst the Goverment lsludl bn entertained
in nny Civil Court m respect of any order passed under this Act except
upon the ground that the land in respect of whirh such 01 der has been
JlllBfH:d It> not a land whiCh is the property of GovernmPnt whether a
pommboke or not
P rov1ded that Civil courts shall not take cogmzanl'c of any such
suit unless it shall be mst1tuted Within one year fwm tho date on which
tho etLUse of action arose.
SCHEDULE
Form of warrant to be issued by the Collector under section 11.
SFAL.
'l'o
The Officer in charge of the C1vil J ml at
Whereas A B of has resisted or obstruc•l L'd C D. m 1 emoving
E. 1". (or himself, that IS, the sa1d A B ) from ceJIIun lnJ1d in the village
ol m the taluk, and wlw1 Pas 11. is necessary, m
o1 dPr to prevent the contmuance of such obstull'lion OJ' re<>J'ltance, to
('OIIIIIllt t.he Sll.ld A. B. to close cusway, you atP helcby lcqmrcd under
tl111 provrnons of sectiOn 11 of the Kerala Land ConservHncy Act, 1957,
to ICI'cive the sa1d A. B mto the Jail under you1· ch~tl'!(c and there to
k<•t•p him m safe cu<;tody for days.
Dated th1s day of
(Signature of Collt•<:tor.)