LexThe KERALA LAND DEVELOPMENT CORPORATION LIMITED (SPECIAL POWERS) ACT, 1974
Kerala · state statute
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THE KERALA LAND DEVELOPMENT CORPORATION LIMITED (SPECIAL
POWERS) ACT, 1974
(ACT 5 of 1974)
CONTENTS
Preamble.
Sections:
1. Short title, ex te nt a n d c o m m e n c e m e nt .
2. Definitions.
3. Preparation of land development schemes.
4. Matters for which a scheme may provide.
5. Publication of scheme and inviting objections.
6. Report of the Inquiring Officer.
7. Decision to execute or abandon scheme or reference to Government for
sanction .
8. Publication of scheme.
9. Power to enforce scheme.
10. Liability of certain persons to pay cost or to contribute.
11. Liability to pay interest.
12. Right of entry.
13. Declaration of completion of work.
14. Record of rights and liabilities.
14A. Interim payment of cost.
14B. Additional liability to be apportioned among owners.
15. Obligation of owners of lands to maintain and repair works.
16. Appeals.
17. Rectification of mistakes.
18. Amounts due to Corporation to be first charge.
19. Recovery of money.
20. Service of notice.
21. Scheme not to be invalidated.
21A. Delegation of powers and functions of Corporation.
21B. Execution of agreement for certain purpose.
22. Directions by Government.
23. Members and servants of Corporation to be public servants.
24. Protection of persons acting good faith, limitation of suits and
prosecutions.
25. Power to make rules.
26. Repeal and saving.
2
THE KERALA LAND DEVELOPMENT CORPORATION LIMITED
(SPECIAL POWERS) ACT, 1974*
(Act 5 of 1974)
An Act to invest the Kerala Land Development Corporation Limited with certain powers to
facilitate the execution of Land Development schemes in the State of Kerala.
Preamble.—WHEREAS it is expedient to invest the Kerala Land Development
Corporation Limited with certain powers to facilitate the execution of land development
schemes in the State of Kerala.
BE it enacted in the Twenty-fifth Year of the Republic of India as follows:—
1. Short title, extent and commencement .— (1) This Act may be called the Kerala
Land Development Corporation Limited (Special Powers) Act, 1974.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 21 st day of November,
1973.
2. Definitions.—In this Act, unless the context otherwise requires,—
1[(a) ‘appellate authority’ means an officer not below the rank of Deputy
Collector, appointed by the Government to be an appellate authority for the purposes of this
Act];
2[(aa) "Corporation" means the Kerala Land Development Corporation
Limited, registered under the Companies Act, 1956 (Central Act 1 of 1956)];
(b) "cost of works" shall not include charges for establishment and
supervision;
3[(c) ‘Inquiring Officer’ means an officer appointed as such by the Corporation
or by the Government or by an Officer authorised by the Government in this behalf;]
(d) "owner" means any person for the time being receiving or entitled to
receive, whether on his own account, or as agent, trustee, guardian, manager or receiver for
another person, rent or profit derivable from land, and includes a tenant, an occupant or
mortgagee in possession of land;
* Received the assent of the Governor on the 12th day of March, 1974 and published in the Gazette
Extraordinary No. 275 dated 12th March 1974
1 Inserted by Act 15 of 1977
2 Reletter by Act 15 of 1977
3 Substituted by Act 15 of 1977
3
(e) "prescribed" means prescribed by rules made under this Act;
(f) "record of rights" means the record of rights and liabilities prepared under
section 14;
(g) "scheme" means any land development scheme prepared or to be prepared
under this Act;
(h) "work" means any work of public utility constructed, erected or carried
out or to be constructed, erected or carried out under any scheme under this Act.
3. Preparation of land development schemes .—(1) Whenever the Corporation is of
opinion that it is expedient and in the public interest to execute a scheme in any area, it may
prepare a draft scheme containing the following particulars, namely:—
(a) the object of the scheme;
(b) the boundaries and approximate area, of lands to be included in the
scheme;
4[xxxx]
(d) the work to be carried out under the scheme; and
(e) such other particulars as may be prescribed.
(2) On the preparation of a draft scheme under sub-section (1), 5[the
Corporation or the Government or an officer authorised by the Government in this behalf
shall appoint an Inquiring Officer] for the purpose hereinafter specified.
4. Matters for which a scheme may provide.—A draft scheme prepared under section 3
may provide for all or any of the following matters, namely:—
(a) control and prevention of soil erosion;
(b) preservation and improvement of soil;
(c) reclamation of waste, saline or water-lodged areas;
(d) improvement in the methods of cultivation and extension of cultivation;
(e) construction of earth and masonry works in fields, gullies and ravines,
including construction of catch water drains and contour bunding wherever necessary;
(f) construction of permanent bunds in water logged lands for increasing
agricultural production;
4 Omitted by Act 15 of 1977
5 Substituted by Act 15 of 1977
4
(g) control and maintenance of tree growth;
(h) improvement of water supply;
(i) consolidation of the holdings of cultivators in an area for the better use
of land;
(j) draining of canals, streams and rivers to prevent bank erosion;
(k) providing pumpsets and platforms for erection of such pumpsets for
dewatering process;
(l) providing channels for watering and dewatering purposes; and
(m) such other matters, not inconsistent with the objects of this Act, as may
be prescribed.
5. Publication of scheme and inviting objections .—(1) Copies of the draft scheme
together with the connected maps and plans, if any, shall be made available by the
Corporation for inspection by the public, free of charge,—
(a) in every village in which the lands included in the scheme are situate;
(b) in the office of every local authority within whose jurisdiction the lands
included in the scheme are situate;
(c) at the headquarters of the taluk in which such lands are situate; and
(d) at such other places as the Corporation may direct.
(2) A general notice shall be published 6[in two or more news papers having
wide circulation in the locality as may be determined by the Corporation;]
(a) intimating that the draft scheme has been prepared and that copies
thereof have been kept and may be inspected by the public free of charge, at the places
referred to in sub-section (1);
(b) requiring all persons affected by the draft scheme who wish to make
any objections to it or any part thereof to submit their objections in writing to the Inquiring
Officer or to appear before him and state their objections within thirty days of the publication
of the notice 7[or within such further period not exceeding fifteen days as such officer may
for sufficient reasons allow.]
6 Substituted by Act 15 of 1977
7 Inserted by Act 15 of 1977
5
8[(3) xxxx]
6. Report of the Inquiring Officer.—The Inquiring Officer shall inquire into the
objections received or recorded by him and submit them to the Corporation together with his
report thereon and his recommendations, if any, for the modification of the draft scheme.
7. Decision to execute or abandon scheme or reference to Government for sanction.—
(1) After considering the objections and the reports and recommendations, if any, submitted
by the Inquiring Officer under section 6, the Corporation may either decided to execute the
scheme with or without modifications or abandon the scheme:
Provided that the Corporation shall submit the scheme to the Government for their
orders—
(a) where the owners of more than fifty per cent of the area of the lands
included in the scheme, other than Government lands;or
(b) where more than sixty per cent of the owners of the land included in the
scheme, other than the Government,
have made objections to the draft scheme or part thereof and the Corporation is of opinion
that the scheme should be executed with or without modifications.
(2) Where a draft scheme is submitted to the Government under sub-section
(1), they may sanction the draft scheme with or without modifications or may reject it or may
direct that a fresh scheme be prepared.
8. Publication of scheme.—(1)The scheme as decided to be executed by the
Corporation or as sanctioned by the Government shall be published at the places referred to
in sub-section (1) of section 5.
(2) A general notice specifying the places at which the scheme has been
published and intimating the public that the same may be inspected at those places free of
charge shall also be published in a newspaper which, in the opinion of the Corporation, has
the widest circulation in the locality.
(3) The publication of the scheme under sub-section (1) and the publication of
the notice under sub-section (2) shall be conclusive evidence that the scheme has been duly
framed.
9. Power to enforce scheme.—(1) Upon the publication of a scheme under section 8,
it shall be lawful for the Corporation to take up any work which is to be executed under the
8 Omitted by Act 15 of 1977
6
scheme.
(2) Nothing contained in sub-section (1) shall be deemed to prevent the
Corporation from entrusting any work to be executed under the scheme to the owner of the
land on which the work is to be executed or to a padasekharan committee constituted under
the Kerala Land Development Act, 1964 (17 of 1964), or to any other person.
(3) Where the Government are the owner of any land included in the scheme,
the Government or the Corporation shall carry out the work on that land.
10. Liability of certain persons to pay cost or to contribute.—(1) Every owner of land
included in the scheme shall pay the cost or part of the cost, as the case may be, of the work
which under the scheme is carried out by the Corporation and has benefited his land.
(2) If, in consequence of any work carried out by the Corporation under
section 9, any person (including the Government) other than the owners of lands included in
the scheme, is, or is, likely, in the opinion of the Corporation, to be, benefited by such work,
such person shall pay to the Corporation, by way of contribution, such amount within such
time and in such manner as the Corporation may determine, and such contribution shall be
adjusted against the cost of such work payable by the owners of lands included in the scheme
in accordnance with such principles as may be prescribed:
Provided that before any person is required to pay any such contribution, he shall be
given a reasonable opportunity of making this representation, if any, in regard to the matter.
(3) If default is made by any person in the payment of the cost or part of the
cost, as the case may be, payable by him under sub-section (1) within the period specified in
the statement prepared under section 14 or of any contribution under sub-section (2) within
the time determined in that behalf under that sub-section, the Corporation shall recover the
amount from that person.
11. Liability to pay interest.—Every person liable to pay the cost or part of the cost of
any work under sub-section (1) of section 10 or to pay any contribution under sub-section (2)
of that section or to pay expenses under sub-section (2) of section 15 shall be liable to pay
interest on such cost, part of the cost contribution or expenses, as the case may be, at such
rate and with effect from such date as may be prescribed.
12. Right of entry .—Any director or officer or servant of the Corporation may enter
upon, survey and mark out any land and do all such other acts as may be necessary for the
purpose of preparing, inquiring into or executing any scheme or for the purpose of inspecting
any work.
13. Declaration of completion of work.—As soon as may be after the execution of the
7
works under a scheme, the Corporation shall, by notification in the Gazette, publish a
declaration to that effect and such declaration shall be conclusive evidence that the execution
of the works has been completed.
14. Record of rights and liabilities .— (1) The Corporation shall, as soon as may be
after the publication of the declaration under section 13, prepare a statement setting out—
(a) the names of the owners of the lands included in the scheme;
(b) a map and plan showing the situation, nature and dimensions of the
works under the scheme;
(c) the cost of such works;
(d) the total amount to be recovered from the owners, including interest;
9[(e) the principles of apportionment of the cost of such works];
(f) the periods within which such amount is to be recovered;
(g) in regard to each such work, the owner or owners liable to maintain and
repair it, and the extent of the liability of each such owner;
10[(h) [restrictions, if any, on the rights of the owners as regard the use of
any such work; and]
(i) such other matters as may be prescribed.
(2) After a statement as aforesaid has been prepared, a notice shall be
published in the prescribed manner intimating that such a statement has been prepared and
that it may be inspected at such places as may be specified in the notice.
(3) A copy of the 11[relevant extracts from the statement] prepared under sub-
section (1) shall also be served on every owner of the lands included in the scheme.
12[(4) Any person aggrieved by any entry in the statement prepared under sub-
section (1) may file his objection to the Corporation within fifteen days of the service of the
extracts under sub-section (3), and the Corporation shall, after giving such person an
opportunity of being heard, decide the objection.]
13[14A. Interim payment of cost .—(1) Every owner benefited by any work under a
scheme shall, on demand by the Corporation at any time after his land has been made fit for
enjoying the benefit and before the publication of the statement under sub-section (2) of
section 14, be liable to pay the estimated cost of such work, in such manner and in such
9 Substituted by Act 15 of 1977
10 Substituted by Act 15 of 1977
11 Substituted by Act 15 of 1977
12 Inserted by Act 15 of 1977
13 Inserted by Act 15 of 1977
8
number of instalments as may be specified by the Corporation.
(2) Any amount paid under sub-section (1) shall be adjusted towards the cost
payable by him under section 10.
14B. Additional liability to be apportioned among owners .—(1) If as a result of any
modification in appeal or otherwise of the statement prepared under sub-section (1) of section
14, the cost of the works under a scheme exceeds the cost specified in the statement prepared
under that sub-section, the Corporation may apportion the difference among the owners of
the lands benefited by the scheme in the same proportion in which the cost has been
apportioned among them.
(2) The provisions of this Act shall, so far as may be, apply in relation to the
amount payable under sub-section (1) as they apply in relation to the cost specified in the
statement prepared under sub-section (1) of section 14.]
15. Obligation of owners of lands to maintain and repair works .—(1) Every person
shown in the statement prepared under section 14 as liable to maintain and repair any work
shall, to the satisfaction of the Corporation, maintain and repair that work in his own land and
in any other land in respect of which he is shown as liable in the said statement.
(2) If any person liable to maintain or repair a work fails to do so, the
Corporation shall issue a notice to him requiring him to maintain or repair it within a period
to be specified in such notice and, on his failure to comply with such direction within the
time fixed by the Corporation, the Corporation shall cause, the work to be maintained or
repaired, and the expenses incurred thereby shall be recovered from the owner and such other
persons, if any, liable to contribute.
(3) Any dispute as to the amount to be recovered under sub-section (2) shall
be decided by the Corporation and such decision shall, subject to the provisions of section 16,
be final.
16. Appeals.—14[(1) Any owner or other person liable under section 10 to pay the cost
or part of the cost of any work or to pay any amount by way of contribution, who objects to
such liability, or any owner or other person who is aggrieved by any decision of the
Corporation under sub-section (4) of section 14 or under sub-section (3) of section 15, may,
within such time as may be prescribed, appeal to the appellate authority.
(1a) On receipt of an appeal under sub-section (1), the appellate authority
14 Substituted by Act 15 of 1977
9
shall, after giving the appellant and the Corporation a reasonable opportunity of being heard
either in person or by a representative pass such order on the appeal as it deems fit.]
(2) The order of the 15[appellate authority] in an appeal under sub-section (1)
shall be final.
16 [xxxx]
(4) Whereas a result of an order under sub-section (2), any modification to
the statement prepared under sub-section (1) of section 14 becomes necessary, the
Corporation shall revise the statement in accordnance with such order.
(5) Where a statement is revised as aforesaid, notice shall be given of the fact
of such revision in the prescribed manner.
17. Rectification of mistakes .—At any time within one year from the date of any
order passed by it, the Corporation may, on its own motion, rectify any mistake apparent
from the record, and shall, within a like period, rectify any such mistake which has been
brought to the notice of the Corporation by any person affected by any order issued under this
Act:
Provided that no such rectification shall be made which has the effect of enhancing
the liability of any person unless that person has been given a reasonable opportunity of
being heard in the matter.
18. Amounts due to Corporation to be first charge.—All amounts due to the
Corporation from any owner of land under sub-section (1) of section 10 as the cost, or part of
the cost of any work carried out by the Corporation or towards expenses incurred by the
Corporation for maintaining or repairing any work, or from any person as contribution under
sub-section (2) of section 10, together with interest thereon, shall, subject to any charge for
basic tax or other taxes, cesses or other amounts due to the Government, or a local authority,
be a first charge on the land benefitted by such work and upon the movable property, if any,
found within or upon the same and belonging to such person.
Explanation.—In this section, "basic tax" means the tax payable under the Kerala
Land Tax Act, 1961 (13 of 1961).
19. Recovery of money .—Without prejudice to any other mode of recovery, any sum
of money payable by any owner of land or other person to the Corporation under the
provisions of this Act shall on the issue of a certificate by the Corporation in that behalf, be
15 Substituted by Act 15 of 1977
16 Omitted by Act 15 of 1977
10
recoverable from the defaulting person as arrears of public revenue due on land under the
provisions of the Kerala Revenue Recovery Act, 1968 (15 of 1968).
20. Service of notice .—Any notice required to be served on or given to any person
under this Act shall be deemed to be duly served or given—
(i) if the notice is addressed to that person and is given or tendered to him;
or
(ii) where that person cannot be found, if it is affixed on some conspicuous
part of his last known place of residence or business or is tendered to some adult member or
his family or is affixed on some conspicuous part of the land to which it relates; or
(iii) if it is sent by registered post to that person at his last known place of
residence or business.
21. Scheme not to be invalidated .—No scheme shall be deemed to be invalidated
merely by reason of the fact that the person on whom a notice was served in pursuance of any
provision of this Act was not the owner of the land in respect of which the notice was served,
provided such person was in possession of that land when the notice was served on him.
17[21A. Delegation of powers and functions of Corporation .— The Corporation may
delegate any of its powers and functions under this Act to the Managing Director of the
Corporation or to any Committee of Directors of the Corporation consisting of two or more
such Directors.
21B. Execution of agreement for certain purposes .—Nothing contained in this Act
shall be deemed to prevent any person from entering into an agreement with the Corporation
regarding payment of the cost in advance, the mode and manner of payment of the cost and
interest thereon and such other matters connected therewith, and where such an agreement is
executed, the matters specified therein shall be regulated in accordance with the provision of
such agreement.]
22. Directions by Government .—(1) The Government may give to the Corporation
general instructions, not inconsistent with the Companies Act, 1956 (Central Act 1 of 1956)
or the Memorandum or Articles of Association of the Corporation, to be followed by the
Corporation.
(2) In the exercise of its powers and performance of its duties under this Act,
17 Inserted by Act 15 of 1977
11
the Corporation shall not depart from any general instructions issued under sub-section (1)
except with the previous permission of the Government.
23. Members and servants of Corporation to be public servants .—All members of the
Corporation and all officers and servants of the Corporation shall be deemed, while, acting or
purporting to act in pursuance of any of the provisions of this Act, to be public servants
within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
24. Protection of persons acting in good faith, limitation of suits and procecution.- (1)
No suit, prosecution or other legal proceedings shall lie against the Government for any act
done or purporting to be done under this Act or any rule made thereunder.
(2) No suit, prosecution or other legal proceedings shall be instituted against
the Corporation or any public servant or any person duly authorised under this Act in respect
of anything in good faith done or intended to be done under this Act or any rule made
thereunder.
(3) No suit, or prosecution shall be instituted against the Corporation or any
public servant or any person duly authorised under this Act unless the suit or prosecution has
been instituted within six months from the date of the Act complained of.
25. Power to make rules .—(1)The Government may, by notification in the Gazette,
make rules for the purpose of carrying into effect the provisions of this Act.
(2) Every rule made under this section 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.
26. Repeal and saving.—(1) The Kerala Land Development Corporation Limited
(Special Powers) Ordinance, 1973 (15 of 1973) 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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