The KANNAN DEVAN HILLS (RESUMPTION OF LANDS) ACT, 1971

THE KANNAN DEV AN  HILLS (RESUMPTION OF LANDS) ACT, 1971
(Act 5 of 1971)
CONTENTS
Preamble.
Sections:
1.  Short title, commencement and application.
2.  Definitions.
3.  Vesting of possession of certain lands.
4.  Restoration of possession of lands in certain cases.
5.  Temporary arrangements pending restoration.
6.  Demarcation of boundaries.
7.  Decision of disputes regarding vesting.
8.  No compensation to be payable for vesting.
9.  Assignment of lands.
10.  Eviction of persons in occupation on the appointed day.
11.  Trespass after appointed day.
12.  Powers of Land Board and Collector.
13.  Right to use private way.
14.  Bar of jurisdiction of civil courts.
15.  Indemnity.
16.  Cognisance of offences.
17.  Saving of certain rights.
18.  Power to remove difficulties.
19.  Power to make rules.
20.  Repeal and saving.
Act 5 of 1971
THE KANNAN DEV AN HILLS (RESUMPTION OF LANDS) ACT, 1971 *
An Act to provide for the resumption of lands other than plantations in the Kannan Devan 
Hills  village  in  the  Devicolam  taluk  of  the  Kottayam  district  and  for  the  
distribution of such lands for cultivation and purposes ancillary thereto.
Preamble.—WHEREAS the lands comprising the entire revenue village of Kannan
Devan Hills in the Devicolam taluk of the Kottayam district had been given on lease by the
then Poonjar Chief to late Mr. John Daniel Munroe of London and Peermade on the 11 th  day
of July, 1877, for coffee cultivation;
AND WHEREAS the right, title and interest of the lessor had been assumed by the
former Government of Travancore;
AND  WHEREAS by such  assumption the  lands have become  the property  of the
former Government of Travancore;
AND WHEREAS the Government of Kerala have become the successor to the former
Government of Travancore;
AND  WHEREAS  large  extent  of  agricultural  lands  in  that  village  has  not  been
converted  into  plantations  or utilised  for purposes of  plantation  and  such lands  are  not
required for the purposes of the existing plantation;
AND  WHEREAS the  Government  consider  that  such  agricultural  lands should  be
resumed for the distribution there of for cultivation and purposes ancillary thereto;
BE it enacted in the Twenty-second Year of the Republic of India as follows: —
1. Short title, commencement and application.—(1) This Act may be called the Kannan
Devan Hills (Resumption of Lands) Act, 1971.
(2) It shall be deemed to have come into force on the 21st day of January, 1971.
(3) It applies to the lands comprising the revenue village of Kannan Devan Hills in
the Devicolam taluk of the Kottayam district.
 2. Definitions.—In this Act, unless the context otherwise requires, —
(a) "appointed day" means the 21st day of January, 1971;
(b) "building" shall not include a temporary shed;
*Received the assent of the President on 22.04.1971 and published in the Kerala Gazette Extraordinary No. 220
dated the 22.04.1971.
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(c) "Collector” means the District Collector, Kottayam, or any other officer not   
         below the rank of a District Collector appointed by the Government, by      
        notification in the Gazette, to exercise the powers and perform the functions of 
         the Collector under this Act;
(d) "Land Board" means the Land Board constituted under section 100 of the Kerala 
          Land Reforms Act, 1963 (1 of 1964);
(e) "lessee" means a person in possession of any land situate in the Kannan Devan 
        Hills village in the Devicolam taluk of the Kottayam district, who has derived 
          the right to such possession by means of a document executed by late Mr. John
      Daniel Munroe of London and Peermade or any person claiming through him 
         or  any person claiming under or through any of the successors-in-interest of the
         said Mr. John Daniel Munroe;
(f) "plantation" means any land used by a person principally for the cultivation of 
         tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter referred to as   
        "plantation crops'');
(g) "prescribed" means prescribed by rules made under this Act.
3. Vesting of possession of certain lands. —(1) Notwithstanding anything contained in
any other law for the time being in force, or in any contract or other document, but subject to
the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the
possession of all lands situate in the Kannan Devan Hills village in the Devicolam taluk of
the Kottayam district shall stand transferred to and vest in the Government free from all
encumbrances, and the right, title and interest of the lessees and all other persons, including
rights of mortgagees and holders of encumbrances, in respect of such lands, shall stand
extinguished.
(2) Nothing contained in sub-section (1) shall apply in respect of—
(a) plantations, other than plantations belonging to trespassers ;
(b) buildings, other than buildings belonging to trespassers, and lands appurtenant
      to, and necessary for the convenient enjoyment or use of, such buildings ;
(c) play-grounds and burial and burning grounds; and
(d) lands in the possession of the Central Government or any State Government
     or the Kerala Stale Electricity Board.
(3) Nothing contained in sub-section (1) shall apply in respect of so much extent of
land held by a lessee under his personal cultivation as is within the ceiling limit applicable to
him under any law for the time being in force or any building or structure standing thereon or
appurtenant thereto. 
    
4.  Restoration  of  possession  of  lands  in  certain  cases.—(1)  Where  the  person  in
possession of a plantation considers that any land, the possession of which has vested in the
Government under sub-section (1) of section 3,—
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(a) is necessary for any purpose ancillary to the cultivation of plantation crops in
     such plantation or for the preparation of the same for the market; or
(b) being agricultural land interspersed within the boundaries of the area cultivated
     with plantation crops, is necessary for the protection and efficient management of
     such cultivation; or
(c) is necessary for the preservation of an existing plantation, he may, within sixty
     days from the date of publication of this Act in the Gazette, apply to the Land 
     Board for the restoration of possession of such land.
(2) An application under sub-section (1) shall be in such form as may be prescribed.
(3) On receipt of an application under sub-section (1), the Land Board shall, after
giving  the  applicant  an  opportunity  of  being  heard  and  after  such  inquiry  as  it  deems
necessary, by order  determine the  extent of land  necessary for the  purpose  or purposes
specified in the application, and such order shall be final.
(4) As soon as may be after determining the extent of land necessary for the purpose
or purposes specified in the application under sub-section (1), the Land Board shall cause
such land to be demarcated and put the applicant in possession of such land.
(5) Any person put in possession of any land under sub-section (4) shall be entitled
to possess that land on the same terms and subject to the same conditions on or subject to
which he was holding such land immediately before the appointed day.
5.  Temporary  arrangements  pending  restoration.—If,  during  the  period  after  the
appointed day and before the restoration of possession of any land under section 4, the
Collector  is  satisfied  on  representation  or  otherwise  that  the  person  in  possession  of  a
plantation  in  any  area  to  which  this  Act  applies  is  likely  to  be  put  to  hardship  in  the
management of the plantation on account of the vesting of possession of any land under sub-
section (1) of section 3, the Collector shall take such measures and make such arrangements
as he deems fit for removing the hardship during such period:
Provided that if the person in possession of the plantation does not apply to the Land
Board under section 4, or the Land Board determines under that section that such person is
not entitled to restoration of possession of any land, any arrangement if already made by the
Collector shall be discontinued with effect from the date on which the period for making the
application expires or the date of determination by the Land Board, as the case may be.
6.  Demarcation of boundaries. —(1) As soon as may be after the appointed day, the
Collector shall cause the boundaries of each parcel of land, the possession of which has
vested in the Government under sub-section (1) of section 3, to be demarcated.
(2) As soon as may be after the demarcation of the boundaries of a parcel of land
under sub-section (1), the Collector shall publish a notification in such manner as may be
prescribed specifying the extent, identity and such other particulars as may be prescribed of
such land.
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(3) Where the possession of a portion of a parcel of land is restored under section 4,
or the alteration of the boundaries of a parcel of land is necessary consequent on the order of
the Land Board under section 7, the Collector shall cause the boundaries of the remaining
portion of such parcel of land or such parcel of land, as the case may be, to be re-demarcated
and shall also publish a notification of such re-demarcation under sub-section (2).
7. Decision of disputes regarding vesting.—(1) If any question arises as to whether the
possession of a parcel of land or a portion of a parcel of land has vested in the Government
under sub-section (1) of section 3, such question shall be referred by the Collector to the
Land Board for decision.
(2) As soon as may be after the receipt of a reference under sub-section (1), the Land
Board shall, after giving the persons interested an opportunity of being heard and after such
inquiry as it deems necessary, decide the question, and such decision shall be final.
(3) Notwithstanding the reference of a question to the Land Board under sub-section
(1), the Collector may, if he is satisfied that the possession of such parcel of land or portion
has vested in the Government under sub-section (1) of section 3, cause the boundaries of such
parcel of land to be demarcated as if the possession thereof has vested in the Government
under that sub-section:
Provided that if the Land Board decides that such parcel of land or portion has
not vested in the Government under sub-section (1) of section 3, the Collector shall, as soon
as may be, restore possession of such parcel or portion, as the case may be.
8. No compensation to be payable for vesting. —Notwithstanding anything contained in
any law for the time being in force, or in any contract or other document, no compensation
shall be payable for the extinguishment under sub-section (1) of section 3 of the right, title
and interest of the lessees or other persons or of the rights of mortgagees or holders of
encumbrances.
9. Assignment of lands. —(1) The Government shall, after reserving such extent of the
lands, the possession of which has vested in the Government under sub-section (1) of section
3 (other than lands, the possession of which has been restored under section 4), as may be
necessary for purposes directed towards the promotion of agriculture or the welfare of the
agricultural population to be settled on such lands, assign on registry the remaining lands to
agriculturists and agricultural labourers in such manner, on such terms and subject to such
conditions and restrictions, as may be prescribed.
(2) The Government may, by notification in the Gazette, delegate their power of
assignment under sub-section (1) to the Collector, subject to such restrictions and control as
may be specified in the notification.
10. Eviction of persons in occupation on the appointed day. — (1) The Collector or any
officer authorised by him in that behalf may summarily evict any person in occupation of any
land,  the  possession  of  which has vested in the Government under sub-section (1) of
section 3.
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(2) Notwithstanding anything contained in any other law for the time being in force,
the Collector or the officer authorised under sub-section (1) may, for the purposes of that sub-
section, use such force as he deems necessary.
11.  Trespass after appointed day. —(1) It shall not be lawful for any person to enter
upon any land, the possession of which has vested in the Government under sub-section (1)
of section 3, so long as it is in the possession of the Government, with intent to occupy such
land or to cut or remove any trees standing thereon, without the permission of the Collector
or any officer authorised by the Collector in that behalf.
(2) Without prejudice to any penalty under sub-section (4), the Collector or any
officer authorised by him in that behalf may summarily evict any person who contravenes the
provisions of sub-section (1) and may confiscate or demolish any building, shed or other
structures put up on such land.
(3) Notwithstanding anything contained in any other law for the time being in force,
the Collector or the officer authorised under sub-section (2) may, for the purposes of that sub-
section, use such force as he deems necessary.
  (4)  If  any  person  contravenes  the  provisions  of  sub-section  (1),  he  shall  be
punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
12. Powers of Land Board and Collector.—(1) The Land Board and the Collector shall,
for the purpose of exercising any power conferred by or under this Act, have all the powers of
a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of
1908), in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person and examining him on 
        oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses or for local investigation;
(e) inspecting any property or thing concerning which any decision has to be taken; 
        and
(f) any other matter which may be prescribed.
(2) The member of the Land Board or, where the Land Board consists of more than
one member, any member of the Land Board, the Collector and any person authorised in that
behalf by the Land Board or the Collector may enter upon any land, the possession of which
has not vested in the Government under sub-section (1) of section 3, to do any act necessary
for carrying out the purposes of this Act, and it shall not be lawful for any person to obstruct
such member or the Collector or the person so authorised from entering upon such land or
doing any act necessary for carrying out the purposes of this Act.
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(3)  Any  person  who  contravenes  the  provisions  of  sub-section  (2)  shall  be
punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
13. Right to use private way.—(1) Any officer of the Government exercising any power
or performing any function under this Act or any rule or order made thereunder shall, in the
exercise of such power or the performance of such function, be entitled to use any private
way in any land, the possession of which has not vested in the Government under sub-section
(1) of section 3, and it shall not be lawful for any person to obstruct such officer from so
using such way.
(2) Any member of the public shall be entitled to use any private way in any land,
the possession of which has not vested in the Government under sub-section (1) of section 3,
for the purpose of entry into or exit from any land, the possession of which has vested in the
Government under the said sub-section, and it shall not be lawful for any person to obstruct
any member of the public from using such way for such purpose.
(3) If any person contravenes the provisions of sub-section (1) or sub-section (2), he
shall be punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
14. Bar of jurisdiction of civil courts. —No civil court shall have jurisdiction to settle,
decide or deal with any question or to determine any matter which is, by or under this Act,
required to be settled, decided or dealt with or to be determined by the Government, the Land
Board, the Collector or any other officer.
15.  Indemnity.—No suit, prosecution or other legal proceedings shall lie against the
Government or the Land Board or the Collector or any other officer or person for anything in
good faith done or intended to be done under this Act or any rule or order made thereunder.
16.  Cognisance  of  offences.— Notwithstanding  anything  contained  in  the  Code  of
Criminal Procedure, 1898 (Central Act 5 of 1898), all offences punishable under this Act
shall be cognisable.
17. Saving of certain rights. —(1) For the removal of doubts, it is hereby declared that
nothing in this Act shall affect the right of the Kannan Devan Hills Produce Company
Limited or any person authorised by it to enter upon any land, the possession of which has
vested in the Government under sub-section (1) of section 3, for purposes connected with the
transmission, supply or use of electrical energy including maintenance and repair of any
electric supply line or any works connected therewith or the maintenance and repair of any
telephonic communication lines or posts.
(2) Nothing in this Act shall affect the right of any lessee or any person authorised
by him to enter upon any land, the possession of which has vested in the Government under
sub-section  (1)  of  section  3,  for  the  purpose  of  entry  into,  or  exit  from,  any  land,  the
possession of which has not vested in the Government under the said sub-section.
18.  Power  to  remove  difficulties.—If  any  difficulty  arises  in  giving  effect  to  the
provisions of this Act, the Government may, as occasion may require, by order do anything
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not inconsistent with such provisions, which appears to them necessary for the purpose of
removing the difficulty.
19.  Power to make rules. —(1) The Government may, by notification in the Gazette,
make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is
made before the Legislative Assembly while it is in session for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if, before the
expiry  of  the  session  in  which  it  is  so  laid  or  the  session  immediately  following,  the
Legislative Assembly makes any modification in the rule or decides that the rule should not
be made, the rule shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
20.  Repeal  and  saving.—(l)  The  Kannan  Devan  Hills  (Resumption  of  Lands)
Ordinance, 1971 (3 of 1971), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
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