LexThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Kerala · state statute
Open in Lexace · Ask the AI about this actPreamble.
Sections
THE KERALA LAND REFORMS ACT, 1963
(Act 1 ofl964)
CONTENTS
CHAPTER I
Preliminary
I. Short title, extent and commencement.
2. Definitions.
CHAPTER II I
Provisions regarding tenancies .
Exemptions . , •
3. Exemptions.
' ol.o
Deemed Tenants
I I • .J
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4. Certain odacharthudars and persons claiming under oda·
charthudars to be deemed te~ants.
I I 1 f
5. Certain mortgagees with possessi?n to ,be deemed tenants.
6. Certain mortgagees who were holding land on verumpattam
on or after 1st Chingam, 1111, to be deemed' tenants.
Certain persons occupying land honestly believing' 'to be
tenants, to be deemed tenants. ·' '
I 7,
8. Certain persons who were cultivating land on ~aram arrange·
ment to be deemed tenants~ ' J~
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,I J • • • I ( l
9. Certain persons who surrendered leasehold,. rights but ,
continued .in posses~!on, to~~~ ,de~ll!rd 'tene~;I].ts. I 1 : ·,
10.
11.
I I Certain other persons to be deemed tenants.
Sambalapattamdar, sambalachittudar, etc., in Palghat
district to be presumed tenants.
12. Right to prove real nature of transaction.
Fixity of Tenure
13. Right of tenants to fixity of tenure.
14. Resumption for extension of places of public religious worship.
15. Remmption for constructiOn of residential buildings.
16. Resumption for personal cult1vation from tenant holding
more than ceiling area.
17. Resumption by small holder.
18. General conditions and restrictions applicable to resumption
undersections 14, 15, 16and 17.
-t.·
19.
20.
21.
22.
23.
24.
f 25.
26.
27.
28.
29.
30.
31.
32.
33.
34 . ...
35.
36.
37.
38.
39.
40.
·41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
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Resumption of agricultural land interspersed within a
plantation.
Tenants from whom land is resumed to be paid compensation
for improvements, and solatium.
Priority for resumption.
Procedure for resumption.
Tenant's right to sue for restoration of possession of land.
Limitation for application for restoration under section 23.
Persons entitled to restoration. .
Recovery of arrears of rent by summary procedure.
Fazr Rent
Fair rent.
Exclusion of certain lands from liability to fair rent.
Preparation of record of rights.
Rent payable by an intermediary.
Determination of fair rent by Land Tribunal.
Bar of suits for eviction, etc., pending application for deter
mination of fair rent.
Agreement as to fair rent.
Date from which order determining fair rent, etc., is to take
effect. ' · '
Rent payable when Land Tribunal has not determined fair
rent.
Mode of payment of rent.
Liability for assessment.
Remission of rent.
Abatement or reduction of rent.
Invalidity of claims of dues other than rent payable.
Arrears of rent to bear interest.
Priority of claim for arrears of rent.
Publication of prices of commodities.
Publication of statistics relating to gross produce of lands.
Tenant's right to obtain receipt.
Application to Land Tribunal when landlord refused to
accept a tender.
Procedure on application under section 46.
Apportionment of rent on severance of intereSt of landlord or
tenant.
Notice to landlord and interrnediary when the interest in the
holding of the tenant is acquired.
Rights of tenant to be heritable and alienable.
Surrender by tenant.
Rights as to timber trees.
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53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
67.
68.
69.
70.
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Purchase of Landlords' rights by Cultivating Tenants
Cultivating tenant's right to purchase landlord's rights.
ApplicatiOn for purchase of landlord's rights by cultivating
tenants.
Purchase price.
Purchase price to be distributed among the landowner and
intermediaries.
' Procedure before the Land Tribunal.
Purchase price payable in instalments or in lump.
Deposit of purchase price and issue of certificate of purchase.
Purchase price to bear interest.
Cultivating tenant to pay rent pending purchase.
. Recovery of instalments of purchase price on default.
Payment of purchase price, amount of encumbrance,· main
tenance or alimqny.
Payment of purchase price to the landowner or intermediary
to be full ,discharge.
Special provisions relating to religious, charitable and edu·
cational institutions of a public nature. _
Procedure for vesting of rights <!f religious, charitable or
educational institutions in Government and determination
of annUity.
1 I •
Pay merit of annuity.
Vesting of the rights of religious, charti~ble or educational
mstitutions in the. Government not to operate as bar to the
purchase of landlord's rights by cultivating' tenants.
Choice for annuity where cultivating tenant applies for
purchase.
Purchase of right, title and interest of institutions.
71. Tenant holding under tht institution to continue as.tenant
under the Government.
72. Vesting of landlord's rights in tenants.
73. Discharge of arrears of rent.
74. Prohibition of future tenancies.
Rights and Lzabil:ties of K udtkidappukar.r
75. Kudikidappukaran to have fixity .
• 1 76. Rent payable by kudikidappukaran.
77. F1ling of su1ts against kudikidappukaran in certain cases.
78. Right of kudikidappukaran to be herita~le but riot ahenable.
79. Right of kud1kidappukaran to maintain, repair, et~., home·
stead or hut. '
80. Register of kudikidappukars. ,,
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CHAPTER III
Restriction on ownership and possession of land in excess ot
ceiling area and disposal of excess lands
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
Exemptions.
Ceiling area.
Families and adult unmarried persons not to own or hold
lands in excess of the ceiling area.
Certain voluntary transfers to be null and void;
(
Surrender of excess lands.
Vesting of excess lands in Government.
Excess land obtained by gift, etc., to be surrendered.
Perso~s surrendering la~d entitled to compensation.
Payment of advance towards compensatiOn.
Preparation of compensation roll.
Payment of compensation.
Payment of compensation and amount of encumbranCe.
Payment of compensation t~ be full discharge.
Assignment of rights vested in the Government to small holders.
Application for assignment of land.
Assignment of lands by Land Board.
I
Payment of purchase price.
Management of surrendered lands till assignment.
CHAPTER IV .
Mi&cellaneous
99. Constitution of Land Tribunal.
100. Constitution of Land Board. I
101. Powers of the Land Board and the Land Tribunal.
102. Appeals.
103. Revision by High Court.
104. Proceedings by or against joint families, etc.
105. Authorised officer empowered to obtain information from
persons.
106. Special provisions relating to leases for commercial or
industrial purposes.
107. Costs.
108. Application of the provisions of section 5 of the Indian
Limitation Act.
109. Constitution of Agnculturist Rehabilitation Fund.
110. Special provisions for application of the Act.
111. Rent under certain contracts of tenancy not to be affected.
.L .
112. Apportionment of land value in cases of acquisition.
I 13. Prices published under section 43 to be deemed to be
market rates. ~ · ""
114. Amendments to certain enactments.
115. Appearance before Land Tnbunal or Land Board.
116. Court fees.
117. Members ~f Land Board and Land Tribunal to be'deemed
public servants.
118. Penalty for failure to furnish return. 1"·
119. Penalty for furnishing false returns or information.
120. Penalty for making false declaration.
121; Penalty for contravention of any lawful order.
I 22. Penalty for cutting trees or for re~oving any machinery, etc.
123. Cognizance of offences.
124. Protection of action taken under Act.
125. Bar of jurisdiction of courts.
126,'
. 127.
128:
Construction of references to acres and cents.
Act to override other laws, etc .
Power to 'remove difficulties.
129. Power to make rules.
' ''
130. Laying of rules and notifications· before the Legislative
Assembly.
131. Limitation. ··
132. Repeal and savings.
Schedule I ·
Schedule II
Schedule III
Schedule IV.
.
II
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THE KERALA LAND REFORMS ACT, 1963
(Act I of 1964)*
An Act to enact a comprehensive legislatwn relattng to land reforms
zn the State of Kerala.
Preamble.-\\ HEREAS it is expedient to enact a comprehensive legis
-1 ation relating to land reforms in the State of Kerala ;
BE it enacted in the Fourt~enth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
l. Short title, extent and commencement.-(!) This Act may be called
"the Kerala Land Reforms Act, 1963.
(2) It extends to the whole of the State of Kerala.
(3) The provisions of this Act, except this section which shall
come into force at once, shall come into force on such date as the
Government may, by notification in the Gazette, appoint:
Provided that different dates niay be appointed for different provi
sions of this Act, and any reference m any such provision to the com
mencement of this Act, shall be construed as a reference to the coming
into force of that provision.
2. Defmitions.-In this Act,- unless the context otherwise re
quires,-
( I) "agricultural labourer" means a 'person whose principal
means of livelihood is the income he gets as wages, in connection w1th
the agricultural operations he performs ;
(2) "agricultural year" means• the year commencing with the
1st April in any year and ending with the 31st March of the year next
succeeding, except in the case of kole mlams in which case it shall be
the year commencing with the 15th June in any year and ending with
the 14th June of the year next succeeding :
Provided that the District Collector may, with respect to any crop,
area or category of land within his district, by notification in the
Gazette, specify the year between such other dates as he may deem fit
as an agricultural year ;
(3) " ceiling area " means the extent of land specified in sec-
tion 82 as the ceiling area ; .
(4) "Cochin" means the area comprising-
(i) the portion of the State of Kerala which before the first
tiay of July, 1949, formpd the State of Cochin, excluding
• Published in the Gazette Extraordinary dated 14th January, 1964
Received the assent of the President on the 31st December, 1963. •
For statement of objects and reasons, see Gazette Extraordinary
dated 16th September, 1963.
' For report of the Select Committee, see Gazette Extraordinary
dated 21st October, 1963.
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the enclaves absorbed in the Malabar district under the
Provinces and States (Absorption of Enclaves) Order,
1950; and
(iz) the enclaves which formed part of the Malabar district
absorbed in the State of Travancore-Cochin under the
said Order;
(5) "commercial site" means any land (not being a kudiyi·
ruppu or a kudikidappu) which is used principally for the purposes of any
trade, commerce, industry, manufacture or business ;
(6) " court " means, where a particular court is not specifically
mentioned, the court having jurisdiction under the Code of Civil Pro
cedure, 1908, to entertain a suit for the possession of the holding or part
thereof to which any legal proceeding under this Act relates ;
(7) ''cultivate" with itS grammatical variations means culti
vate either solely by one's own labour or with the help of the members
of his family or hired labourers or both, or personally direct or supervise
cultivation by such members or hired labourers or both, provided that
such members or hired labourers have not agreed•to pay or to take
any fixed proportion of the produce of the land they cultivate as com·
pensatlon for being allowed to cultivate it or as remuneration for culti-
vating it. 1
Explanation.-For the purposes of this clause, "members offamily"
shall mean,-
(a) in the case of lands held by a joint family, membersofsuch
family; and
(iz) in any other case, wife or husband, as the case .may be,
and the lineal descendants ;
(8) "cultivating tenant" means a tenant who is in actual
possession of, and is entitled to cultivate, the land comprised in his
holding ;
(9) " customary dues " means anything, other than rent,
michavaram or renewal fees,- ·
(i) payable in cash or in kind by a tenant to his landlord; or
(zi) allowed to be taken by the landlord from the holding,
periodically or on the happening of any event or on the occasion of any
festival, and includes onakazhcha, utsa.vakoppu, perunnalkazhcha and
aradiantharam ;
• (I 0) " double-crop nilam " means nilam on which more than
one crop of paddy is ordinarily raised in an agricultural year ;
(11) "dry land'' means land which is not nilam, garden,
palliyal land or plantation ; •
( 12) " eviction " means the recovery of possession of land
from a tenant or the recovery of a kudikidappu from the occupation of
iQ.e kudikidappukaran ;
(13) "fair rent" means the rent payable by a cultivating
tenant under section 27 or section 33 ;
(14) "family" means husband, wife and their unmarried
minor children or such of them as exist ;
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(15) r" garden " means land used principally for growing cocoa
nut trees, arecanut trees or pepper vines, or any two or more of the
same;
( 16) " gross produce ", in the case of a mlam, means the nor·
mal produce of that mlam less the cost of harvestmg and, in the case of
a garden or dry land, means the normal produce of that garden or dry
land:
Provided that in determining the gross produce in the case of
any double crop nilam, account shall be taken as though only a single
paddy crop, which shall be the principal crop, has been raised on the
land if it had been converted from single crop into double crop nilam
at the tenant's expense, and as though two paddy crops have been
raised on the land in other cases.
Explanatwn.-For the purposes of this clause, "normal produce"
in respect of any land means the produce which would be raised if the
rainfall and the seasons were of a normal character ;
( 17) "holding" means a parcel or parcels of land held under
a smgle demise by a tenant from a landlord and shall include any
portion of a holding as above defined which the landlord and the ten
ant have agreed, or are bound under section 48 or otherwise, to treat as
a separate holding ;
· (18) the term " improvement " shall have the meaning as
signed to it under the Kerala Compensation for Tenants Improvements
Act, 1958 ;
(19) "intermediary" means any person who, not being a land·
owner or mortgagee, has an interest in the land and is entitled, by
reason of SUCh interest, tOJJOSSeSS!On thereof, but has transferred such
possession to any other person otherwise than by way of mortgage ;
• (20) "joint family" means a Hindu undivided famdy, a
Marumakkathayam tarwad or tavazhi, an Aliasanthana kutumba for
kavaru or a Nambudiri Illam.
(21) " kaipad system of cultivation " means the system of
cultivation, by whatever name called, under which paddy is cultivated
on saline land by raising small mounds of earth and planting seedlings
thereon;
(22) "kanam" means the transfer for consideration, in money or
in kind or in both, by a landlord of an inte-rest in specific immovable
property to another person for the latter's enjoyment, whether descnbed
in the document evidencing the transaction as kanam or kanapattam,
the incidents of which transfer include-
( a) a right in the transferee to hold the said property liable
for the consideration paid by him or due to him ;
(b) the liability of the transferor to pay to the transferee in
terest on such consideration unless otherwise agreed to by the parties ;
and
(c) payment of michavaram or customary dues, or renewal on
the expiry of any specified pe!"iod,
and, in areas in the State other than Malabar, includes such transfer
of interest in specific immovable property which is described in the
document evidencing the transaction as otti, karipanayam, panayam,
nerpanayam or by any other name and which has the incidents
specified in sub-clauses (a) and (b) above and also the following
incidents :-
( z) renewal on the expiry of any specified period ; and
(iz) payment of customary dues:
Provided that kanapattam or any other' de'llise governed by the
Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy
Act, 1955, shall not be deemed to be a kanam.
Explanation.-For the purposes of this clause, where there has
been no stipulation in the document evidencmg the transaction for
renewal on the expiry of any specified penod, but there has been a
renewal or payment of renewal fees, it shall be deemed that there had
been a provision for such renewal in the. document ;
(23) '' kanam-kuzhikanam " means and includes a transfer by
a landlord to another person of garden lands or of. other lands or of both,
with the fruit bearing trees, if any, standing thereon at the time of the
transfer, for the enjoyment of those trees and for the purpose of planting
such fruit-bearing trees thereon, the incidents of which 1 transfer in
clude- . '
(a) a right m the transferee to hold the said lands liable for
the consideration pa1d by him or due to him, which consideration is
called ' kanartham ' ; and 1 1 , , •
(b) the liability of the transferor to pay to the transferee
.interest on the kanartham unless otherwise agreed to by the parties :
Provided that a usufructuary mortgage as defined in the Trans
fer of Property Act, 1882 (Central Act 4 of 1~82), shall not be deemed
to be a kanam-kuzhikanam ; '
1
(24) " kole nilam" means land in the bed of any kayal, or
lake, or any water-logged land in areas adjoinmg or lying within' the
vicinity of any kayal, lake or nver, on which paddy is cultivated by
raising bunds on one or more s1des and drainmg the water away by
mechanical or other means, and includes- ' ·
( z) kole or punjakole nilam in the districts of Palghat arid
Trichur ; and
(i1) water-logged land in the taluks ofHosdrug and Kru.aragod
commonly known as "Avi" land, on which paddy is cultivated by
raising bunds on one or more sides and draining the water away by
baling;
(25) " kudikidappukaran" means a person who has neither a
h'omestead nor any land, either as owner or as tenant in possession, on
which he could erect a homestead and ·
· (z) who has been permitted with or without an obligation
to pay rent by a person in lawful possession of any land to have the use
and occupation of a portion of such land for the purpose of erecting a
homestead ; or
(ii) who has been permitted by a person in lawful possession
of any land to occupy, with or without an obligation to pay rent, a hut
belonging to such person and situate in the said land, · ·· '
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but otherwise has no interest in the land; ·and " kudikidappu " means
the land and the homestead or the hut so permitted to be erected or
occupied together with the easements attached thereto :
Provided that a person shall not be deemed to be a kudikidap
pukaran if the aforesaid permission was granted after the ll th day of
April, 1957, by a mortgagee in possession or by a tenant from whom
the land in which the kudikidappu is situate is liable to be resumed :
Provided further that a person shall not be deemed to be a kudi
kidappukaran if the aforesaid permiSSion was granted in respect of any
hut not belonging to him and situate-
( a) in a plantation; or
(b) in any area of land which is appurtenant to a mill, factory
or workshop,
and in connection with the employment of such person in the plantation,
mill, factory or workshop, unless he was, immediately before the
commencement of this Act, entitled to the rights of a kudikidappukaran
or the holder of a protected ulkudi or kudikidappu under any law then
jn force.
E~plahation I.-For the purposes of this clause, 'hut' means ~ny
dwelling house which was constructed at a cost not exceeding four hun
dred rupees, . or could have, at the time of construction, yielded a
mo!lthly rent not exceeding four rupees.
Explanation 'II.-Any person who was in occupation of a kudi
kidappu on the II th day of April, 195 7, and who continued to be in
such' occupation at the commencement of this Act, shall be deemed to
be in occupation of such kudikidappu with permission as required
under this clause.
Explanation /l/.-Where any kudikidappukaran secures any
mortgage with possession ovrr the land in which the kudikidappu is
situate, his kud1kidappu right shall revive on the redemption of the
mortgage, provided that he has at the tin,e of the redemption neither a
homestead nor any land, etther as owner or as tenant in possession,
on which he could erect a homestead;
(26), " kud1yiruppu " means a holding or part of a holding con
sisting of the site of any residential building, the site or j sites of other.
buildings appurtenant thereto, such other lands as are necessary for the
convenient enjoyment of such residential building and easements
attached thereto, but does not include a kudikidappu;
(27) .• ~.'. Kuttanad area " means the area covered by the villages
specified ·in Schedule I; . ·
(28) " kuzhikanatrl " means and includes a transfer by a land
lord to another penon of garden lands or of other lands or of both,
with the fruit-bearing trees, if any, standing thereon at the time of the
transfer, for the enjoyment of those trees and for the purpose of planting
such fruit-bearing trees thereon, bu.t shall not include a usufructuary
mortgage as aefined in the Transfer of Property Act, 1882;
(29)' " landlord " means a person' under whom a tenant holds
and to whom he is liable 'to pay rent, and mcludes a landowner;
14
(30) " landowner " means the owner of the land comprised
in a holding and includes-
(z) a landholder holding Sree Pandaravaka lands on pattam,
otti, jenmam, kudijenmam, danam or any other tenure; and
(iz) a land holder holding Sreepadam lands on Sreepadam
pattam or other favourable tenure;
(31) " Land Board" means the Land Board constituted under
section I 00;
(32) " Land Tribunal " means a Land Tribunal constituted
under section 99;
(33) " licensee" means any person who is in occupation of
any nilam belonging to another and who, under any local custom or
usage or under an agreement, cultivates that nilam with paddy for a
rf'muneration and with the risk of cultivation, but does not include
a person who cultivates the nilam of another merely as an agent or
servant;
(34) "Malabar" means the Malabar district referred to in
sub-section (2) of section 5 of the States Reorganisation Act, 1956;
(35) "member of the Armed Forces" means a person in the
service of the Air Force, Army or Navy of the Union of India;
(36) " michavaram" means whatever is agreed by a kanamdar
to be paid periodically as residual rent, in money or in kind or in both
to, or on behalf of, the landlord, but does not include customary
dues;
(37) " net income" means income derived from any property
after deducting therefrom the cultivation expenses or charges for main
taining fruit trees, timber trees or other useful trees and plants, and
taxes and cesses due to the Government or any local authority;
(38) " nilam " means land adapted for the cultivation of paddy;
(39) " odacharthu " means an agreement for cutting bamboos
m Malabar; · ' · . . '
- (40)' "owner" means a person entitled to the 'absolute proprie-
torship of land and iilcludes- , ~ .'. :" ,' - 1, ' ~
(a) a trustee in respect thereof; .. , ,
l
(b) a pattadar of ryotwari land; ·, ' 1"
{c) a kudiyan as defined in the Travancore Jenmi and Kudiyan
Act of 1071 and a kanam tenant as defined in the Kanam Tenancy··
Act, 1955, but does not include a jenmi as defined in the sa1d Acts;
. (41) "palliyalland" means land which is used ordinarily for'
raising seedlings of paddy and mcludes land so used and known as '
pallimanayal, myal, potta, njal, njattadi or banabettu;
(42) "pay" with its grammatical variations includes deliver';
( 43) " person " shall include a company, family, joint family,
association or other body of individuals, whether incorporated or not,
and any institutiOn capable of holding property;
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(44) cc plantati6n" means any land used by a person principally
for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon
(hereinafter in this clause referred to as 'plantation crops') and includes-
( a) land used by the said person for any purpose ancillary to
the cultivation of plantation crops or for the preparatiOn of the same
for the market ;
(b) land contiguous to, or in the vicinity of, or within the
boundaries of, the area cultivated with plantatiOn crops, not exceeding
twenty per cent of the area so cultivated and reserved by the said person
and fit for the expansion of such cultivation ;
(c) agricultural lands interspersed within the boundaries of the
area cultivated by the said person with plantation crops, not exceeding
such extent as may be determined by the Land Board as necessary for
the protection and efficient management of such cultivation.
Explanation.-Lands used for the construction of office buildings,
godowns, factories, quarters for workmen, hospitals, schools and play
grounds shall be deemed to be lands used for the purposes of sub-
clause (a); ,
(45) "possession" in relation to land includes occupation of land
by a person deemed to be a tenant under section 4, section 5, section 6,
section 7, section 8, section 9 or section I 0;
(46) "prescribed" means prescribed by rules made under
this Act;
(47) "private forests" means forests to which the Madras
Prec;ervation of Private Forests Act, 1949 (Act XXVII of 1949),applies,
excluding-
(i) areas which are waste and are not enclaves within
wooded areas;
(ii) areas which are gardens or nilams;
(1i1) areas which are planted w1th tea, coffee, cocoa, ru l)ber,
cardamom or cinnamon; and
(iv) other areas which are cultivated with pepper, arecanut,•
cocoanut, cashew or other fruit-bearing trees or are
cultivated with any other agricultural cr.op;
(48) (i) "punam or kumri cultivatiOn ' 1 means fugitive or
jntermittent cultivation of paddy on dry lands in Malabar;
(it) "punam or kumri cultivator" means a person who has
raised crops by punam or kumri cultivation in any year between 1953
and 1959 and, where there are successive cultivators in respect of the
same land, the cultivator who ra1sed crops last by such cuhivation
during the said period ; ' ·
(49) "rent" means whatever is lawfully payable in money or in
kind or in J;>oth by a person permitted to have the use and occupation
of any land to the person so permitting, and includes michavaram, but
does not include customary dues ;
(50) "resumption" means the recovery of posse~sion of land
from a tenant ;
16
(51) "seaman 11 means every person (including a master, pilot
or apprentice) employed or engaged as a member of the crew of a ship
or a sailing vessel to which the Merchant Shipping Act, 1958 (Central
Act 44 of 1958), applies ;
(52) 'small holder' means a landlord who does not have interest
in land exceeding eight standard acres or twenty-four acres in extent,
whichever is less, as owner, intermediary, or cultivating tenant, or in
two or more of the above capacities, so however that the extent of non
resumable land in his possession as owner, or as cultivating tenant, or
partly as owner and partly as cultivating tenant, does not exceed-
(i) four standard acres; or
(ii) four acres in extent,
whichever is greater.
Explanation.-For the purposes of this clause, a person who was in
possessiOn of, or had interest in, land exceeding the limits specified in
this clause immediately before the 18th December, 1957, but such,
extent of land was reduced to the said limits or below by partition or
transfer effected after the date mentioned above, shall not be deemed to
be a small holder ; nor shall such partition or transfer entitle the allottee
or transferee to exercise the rights of a small-holder in respect of the
land allotted or transferred to him ; '
(53) "Sreepadam lands" means the lands registered in the
revenue records as " sreepadam vaka " and known as sreepadam lands,
but does not include sreepadam thanathu lands;
(54) "Sree Pandaravaka lands" .means the lands owned by the
Sree Padmanabhaswamy ;
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(55) "standard acre" means, in relation to any class of land
specified in Schedule II situate in the district or taluk mentioned there•
in, the extent of land specified against it in that Schedule ;
(56) "State " means the State of Kerala;
(57) "tenant " means any person who has paid or has agreed to
pay rent or other consideration, for his being allowed by another to
posses~ and to enjoy the land of the latt~r, and includes-
( a) 1an intermediary,· • ··
(b) a•kanamdar, !. ') , .. ,
~. (c) a kanam-kuzhikanamdar,
(d) a kuzhikanamdar,
1 (e) a mulgenidar, ·
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··(f) a verumpattamdar of any· description (incluCling ahcus-
tomary verumpattamdar),
(g) the holder of a chalgeni lease,
(h) the holder of a kudiyiruppu,
(z) the holder of a vaidageni lease, and
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(J) 'a person who is deemed to be a tenant under section '4-,
section 5, sectwn 6, section 7, section 8, section 9 or
section 10.
E:xplanation.-For the purposes of this clause,-
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(i) "holder of a chalgeni lease" means a lessee or sub-lessee or
specific immovable property situate in the taluk of Hosdrug or Kasara·
god in the district of Cannanore, who has contracted either expressly
or impliedly to hold the same under a lease, whether for a specified
period or not;
(ii) '' mulgeni" means a tenancy in perpetuity at a fixed
invariable rent created in favour of a person called mulgenidar;
( izi) " vaidageni lease " means a lease for a term of years;
(58) "timber trees" means trees, the yield or income from
which has not to be taken into account for the determination of fair
rent;
(59) "to hold land" means to be in possession of land as
owner or as tenant or partly as owner and partly as tenant;
(60) "varam" means an arrangement for the cultivation of
nilam with paddy and sharing the produce, made between the owner
or other person in lawful possession of the nilam and the person who
undertakes cultivation under such arrangement, and includes the
arrangements known as pathivaram, pankuvaram anr pankupattam;
and "varamdar" means the person who undertakes cultivation under
a varam arrangement;
(61) "vechupalc:uthy" means a transaction whereunder a
landowner permits another person to be in joint possession with him of
any land with the following stipulations:-
(i) the vechupakuthidar shall improve the land within a
specified period;
1 (ii) at the end of the period so specified-
( a) the land shall be partitioned between the landowner and
the vechupakuthidar in a specified proportion;
(b) upon such partition, all the rights of either party over
the portion of the land set apart for the other shall stand
transferred to and vest in the other, and
(iii) during the period between the date of the transaction
aforesaid and the partition of the land the vechupakuthidar shall pay
to the landowner such rent as may be specified;
(62) (i) "verumpattamdar" means a lessee or sub-lessee of
immovable property, whether called verumpattamdar, or venpattamdar,
who has expressly or impliedly contracted to hold the same under a
lease with or without security for rent, and includes a tharikuthukaran
in the Palghat district, but does not include a kanamdar, kanam
kuzhikanamdar, or kuzhikanamdar;
, (ii) "customary verumpattamdar" means any verumpattarr.
dar of immovable property situate in any area to which the Mala bat
Tenancy Act, 1929, extended, who, before the commencement of the
Malabar T<."nancy· (Amendment) Act, 1951, was entitled, by the cust~m
of the locality in which the land was situated, to possess10n of the said
land for a definite period of years, and for whose continuance thereon,
after the termination of that period, for a further period, a renewal
fee had to be paid to the landlord as an incident of the tenure.
3/26-2
CHAPTER II
PROVISIONS REGARDING TENANCIES
Exemptions
3. Exemptions.-( 1) Nothing in this Chapter shall apply to-
( i) leases of lands or of buildings or of both belonging to or
vested in the Government of Kerala or the Government of any other
State in India or the Government oflndia or a local authority or a cor
poration owned or controlled by the Government of Kerala or the
Government of any other State in India or the Government of India:
Provided that in the case ofkandukrishi lands sub-leased by a tenant
holding such lands under the Government, the provision-s of sections 13 to
26 shall, so long as the lease granted by the Government subsists, apply
to the tenants holding under the sub-lease as they apply to tenants
holding lands other than Government lands.
Explanation /.-"Lands belonging to or vested in the Government
of Kerala" shall, for the purposes of this clause, have the same meaning
as "Government lands'' under sub-section (1) of section 2 of the Kerala
Government Land Assignment Act, 1960, but leases of lands escheated
to the Government shall not be deemed to be leases of lands belonging
to or vested in the Government if such leases subsisted at the time of the
escheat and continued to be in force at the commencement of this Act.
Explanation ll.-For the purposes of this clause, "kandukrishi
lands" means lands covered by the Kandukrishi Proclamation, 1124,
and includes kandukrishi pattam and kandukrishi thanathu lands, but
shall not include lands assigned on reg1stry under the Kandukrishi Land
Assignment Rules, 1958; or
(ii) leases only of buildings, including a house, shop or ware
house, and the site thereof, with the land, if any, appurtenant thereto.
Explanation.-Permission given to a kudikidapukaran to occupy a
hut shall not be deemed to be a lease of building for the purposes of
this clause ; or
(zii) leases of land or of buildings or of both specifically granted
for industrial or commercial purposes ; or
(iv) tenancies ofland or of buildings or of both created by the
Administrator-General or the Official Trustee or an Official Receiver
or officer appointed by a court under the provisiOns' of any law, or by
the court of wards, or by any person holding under or, deriving title
from any of the officers or the court afCOlresaid : .
Provided that the provtstons of this clause shall cease to apply
to any tenancy created by the court of wards, where the landlord on
whose behalf the tenancy was created does not terminate the tenancy
by registered notice withm a period of six months from the date on
which the property was released from the superintendence of the court
of wards ; or · · · · '
(v) tenancies in respect of land or of buildings or of both
created by mortgagees in possession or by persons denving title from
such mortgagees: ·
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Provided that nothing in this clause shall apply to a cultivat•
ing tenant holding land in the taluk of Hosdrug or Kasaragod in the
district of Cannanore, to which the Malabar Tenancy Act, 1929, did
not extend, under a lease granted before the 15th day of February,
1961, by a usufructuary mortgagee as defined in the Transfer of Pro
perty Act, 1882; or
(vi) tenancies in respect of land or of buildings or of both
created by persons having only life interest or other limited interest
in the land or in the buildings or in both :
Provided that the provisions of sections 13 to 26 relating to
fixity of tenure shall apply to tenancies falling under clauses (v) and
(vi) solong as the mortgage, or, as the case may be, the hfe mterest or
otherlimited interest subsists:
Provided further that the provisions of this Chapter, other
than sections 53 to 72, shall apply to a tenancy created by a nissanthathi
kavaru as defined in the Madras Aliyasanthana Act, 1949, in respect of
lands or of buildings or of both, over which the nissanthathi kavaru
has only a life interest.
Explanatzon.-For the purposes of clause (vi), a sthani or
trustee or owner of any temple, mosque, church or other place of pub
lic religious worship or of any other public religious or charitable
institution or endowment shall not be deemed to be a person having
only life interest or other limited interest in ownership; or
(vii) leases of private forests:
Provided that nothing in clauses (i) to (vii) shall affect the
rights of persons who were entitled to fixity of tenure immediately before
the 21st January, 1961, under any law then in force; or
(viii) tenancies in respect of plantations exceeding thirty acres
in extent :
Provided that the provisions of this Chapter, other than
sections 53 to 72, shall apply to tenancies in respect of agricultural
lands which are treated as plantations under sub-clause (c) of clause.
(44) of section 2 ; or
(ix) tenancies in respect of kayal padasekharams of Kuttanad
area specified in Schedule IV, so long as such padasekharams are used
for the cultivation of paddy or such other crops as the Government
may, by notification in the Gazette, specify:
Provided that the provisions of sections 4 to 52, 73 and 74
shall apply to such tenancies ; or
(x) tenancies in respect of sites, tanks and premises of any
temple, mosque or church (including sites on which rehgious ceremonies
are conducted) and sites of office buildings and other buildings attach
ed to such temple, mosque or church, created by the owner, trustee
or manager of such temple, mosque or church:
Provided that nothing in this clause shall affect the rights to
which a tenant was entitled immediately before the commencement
of this Act under the contract of tenancy or under any law then in
force; or
(xi) lands transferred for felling trees ; or
3/26-2a
20
. (xii) any transaction relating only to the usufruct of trees or
to the tapping of cocoanut or other palm trees or to the tapping of
rubber trees.
(2) The Government may, if they are satisfied that it is necessary
so to do in public interest, by notification in the Gazette, ocempt any
lease or leases of lands other than nilams, or of such lands and build·
ings, situate within the limits of a municipal corporation or munici
pality which was in existence at the commencement of this Act and
belonging to, or vested in, the Travancore Devaswom Board or the
Cochin Devaswom Board, from the operation of all or any of the pro•
visions of this Chapter.
Deemed Tenants
4. Cert4in Odach~trthudars and persons claimint under Odacharthudars
to be deemed tmants.-Notw1thstanding anythmg to the contrary
contained in any law or in any contract, custom or usage, or in any
judgment, decree or order of court,-
(i) an odacharthudar; or
(ii) a person claiming under an odacharthudar,
who was actually cultivating on the 11th day of April, 195 7 and was
continuing to cultivate at the commencement of this Act, the land or
any portion of the land to which the odacharthu relates, s~all be
deemed to be a tenant in respect of the land or the portion of the land
so cultivated.
5. Certain mortgagees wzth possesswn to be deemed tenants.-( 1) Notwith·
standing anything to the contrary contained in any law or in any con·
tract, custom or usage, or in any judgment, decree or order of court,
a mortgagee with possession of immovable property situate in Cochin
shall be deemed to be a tenant, if-
(a) the property comprised in the mortgage consistS of agri
cultural land other than land planted with rubber, coffee, tea or
cashew; and
(b) the interest on the mortgage amount IS less than forty per
cent of the total rent fixed in the mortgage document.
(2) The mortgage money or any portiOn thereof may, at the
option of the mortgagor, be treated as security for rent. The mortgagor
shall return the mortgage money or the portion thereof which he does
not elect to treat as security for rent to the tenant within six months
from the-commencement of this Act.
6. Certain mortgagees who were holdtng land on verumpattam on •or after j
1st Ching am, 1111, to be deemed tenants -( 1) Notwithstanding anyth~ng to 1/
the contrary contained in any law or 111 any contract, custom or usage,
or in any judgment, decree or order of court, a mort~agee with posses-
sion of Immovable property situate 111 Cochin shall be deemed to be a
tenant, if-
(a) the property comprised in the mortgage consists. of agricul
tural land;
(b) he was by himself or through any member of llis family or
tarwad holding the property comprised m the mortgage as a verumpat
tamdar on or after the first day of Chingam; 1111; and
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(c) the verumpattam was terminated after the first day of
Chingam, 1111 and before the commencement of this Act, but he con
tinued in possession of the property, without interruption, by himself or
through any member of his family or tarwad, as a mortgagee with
possession from the date of such termination till the commencement of
this Act.
(2) The mortgage money or any pmtion thereof may, at the
option of the mortgagor, be treated as security for rent. The mortgagor
shall return the mortgage money or the portion thereof which he does
not elect to treat as security for rent to the tenant within six months
from the commencement of this Act.
7. Certain persons occupyzng land honestly believing to be tenants, to be
deemed tenants.-Notwithstanding anything to the contrary contained in
any law, or in any contract, custom or usage, or in any judgment,
decree or order of court, any person who, on the II th day of April,
195 7, was continuously in occupation of the land of another situate in
Malabar, for not less than two years, honestly believing himself to be a
tenant and continued to be in occupation of such land at the commen
cement of this Act, shall be deemed to be a tenant.
8. Certain persons who were cultwating land on varam arrangement to be
dtemed tenants.-Notwithstandmg anything to the contrary contained in
any law, or in any contract, custom or usage, or in any judgment,
decree or order of court, any person who, by virtue of the provisions of
section 6 of the Kerala Stay of Eviction Proceedings Act, 1957, was
entitled to cultivate any nliam after the lith day of April, 1957, and
was cultivating the nilam at the commencement of this Act, shall be
deemed to be a tenant, notwithstanding the expiry of the term fixed
under the varam arrangement.
9. Certain persons who surrendered leasehold rtghts but continued in
possession, to be deemed tenants.-Notwithstanding anything to the contrary
contained in any law, or in any contract, custom or usage, or in any
judgment, decree or order of court, where, on or after the II th day of
April, 1957, a tenant holding land less in extent than the ceiling area,
had executed a deed surrenderll?g hi~ leasehold right to the landlord,
but had not actually transferred po~tsession of the land to the landlord
before the commencement of this Act, such deed shall be deemed to be
invalid and such person shall be deemed to be a tenant.
10. Certain other persons to be deemed t~nts.-Notwithstanding
anything to the contrary contained in any law, or in any contract,
custom or usage, or in any judgment, decree or order of court, the
following classes of persons shall be deemed to be tenants :-
( i) a punam or kumri cultivator;
(ii) a licensee in Kuttanad area;
(tii) a varamdar;
(iv) a vechupakuthidar; and
r (v) a person holding land situate in any part of the taluk of
Hosdrug or Kasaragod to which the Malabar Tenancy Act, 1929, did
not extend, under a transaction de~cribed in the document evidencing
it as bhogya, otti, nattotti, arwar, illida.rwar or krithasartha illidarwar,
but not being a usufructuary mortgage as defined in the Transfer of
property Act, 1882.
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11. Sambalapattamd«r, stzmbalachzttudar, etc., in Pal ghat district to be
presumed tenants.-Where, in a document, a person is described as a
sambalapattamdar, sambalachittudar or coolipattamdar in respect of
any nilam situate in the Palghat district, he shall be presumed to be a
tenant for all purposes of this Act:
Provided that such presumption shall stand rebutted if it is proved
that the sambalapattamdar, sambalachittudar or coolipattamdar has
not undertaken any risk of cultivation.
12. Rzght to prove real nature of transaction.-( I) Notwithstanding
anything in the Indian Evidence Act, 1872 (Central Act l of 1872), or
in any other law for the time being in force, any person interested in
any land may prove that a transaction purporting to be a mortgage,
otti, karipanayam, pan a yam .or nerpanayam of that land is in substance
a transaction by way of kanam, kanamkuzhikanam, kuzhikanam,
verumpattam or other lease, under wh1ch the transferee is entiExcerpt shown. Open the full act in Lexace.