The KERALA PAYMENT OF ARREARS OF RENT IN INSTALMENTS ACT, 1979

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 THE  KERALA  PAYMENT  OF  ARREARS  OF  RENT  
IN  INSTALMENTS  ACT, 1979
(ACT 29 OF 1979) 
CONTENTS
Preamble.
Sections:
1.    Short title, extent and commencement.
2.   Definitions.
3.    Payment of arrears of rent in instalments.
4.    Stay of suits, applications, etc., for arrears of rent.
5.    Restoration of possession.
6.    Tenants failing to pay instalments in time not entitled to benefits.
7.    Limitation.
8.    Act not to apply to certain class of tenants.
9.    Repeal and saving.
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ACT 29 OF 1979 
  THE  KERALA  PAYMENT  OF  ARREARS  OF  RENT  
IN  INSTALMENTS  ACT, 1979*
An Act to provide for instalment facility for the payment of arrears of rent and for matters
incidental thereto. 
Preamble.—WHEREAS  it  is  expedient  to  provide  for  instalment  facility  for  the
payment of arrears of rent and for matters incidental thereto; 
BE it enacted in the Thirtieth Year of the Republic of India as follows:—
1.  Short title, extent and commencement .—(1) This Act may be called the Kerala
Payment of Arrears of Rent in Instalments Act, 1979.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 19th  day of July, 1979.
2.  Definitions.—In this Act, unless the context otherwise requires, the expressions
“cultivating tenant”, “holding”, “improvement”, “Land Tribunal”, “rent” and “tenant” shall
have the meanings respectively assigned to them in the Kerala Land Reforms Act, 1963 (1 of
1964).
3.  Payment of arrears of rent in instalments .—(1) Notwithstanding anything to the
contrary contained in any other law for the time being in force, or in any contract, custom or
usage or in any decree or order of any court or Land Tribunal, all arrears of rent accrued due
before the 1st  day of January, 1970 and outstanding at the commencement of this Act shall be
deemed to be fully discharged if such arrears together with the interest, if any, due thereon at
such commencement are paid in six equal half-yearly instalments as provided in sub-section
(2).
Explanation.—For the purposes of this sub-section, arrears of rent accrued due from a
tenant before the 1st  day of May 1968, shall be deemed to be the amount which his landloard
is entitled to recover from him under section 73 of the Kerala Land Reforms Act, 1963 (1 of
1964). 
(2) The first instalment shall be paid on or before the expiry of six months from
the commencement of this Act and each of the remaining instalments shall be paid on or
before  the  expiry  of  a  period  of  six  months  from  the  last  day  on  which  the  previous
instalment was due:
Provided that the court or Tribunal referred to in sub-section (3) may, if it is satisfied
that the tenant was prevented by sufficient cause from depositing any instalment on or before
the due date, allow him to deposit the instalment before the expiry of fifteen days from the
due date.
* Received tha assent of the President on the 2 nd November, 1979 and published in the Kerala Gazette
Extraordunary No. 789, dated 3rd November, 1979.
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(3) The instalments payable under sub-section (2) shall be paid, or deposited in
the court or Land Tribunal before which proceedings for recovery of the arrears of rent are
pending, or, where no such proceedings are pending, in such court or Tribunal as may be
specified by the Government in this behalf, for payment to the person entitled thereto.
4. Stay of suits, applications, etc., for arrears of rent .—Notwithstanding anything to
the contrary contained in any other law for the time being in force, or in any contract, custom
or usage, or in any judgment, decree or order of any court or Land Tribunal, with effect on
and from the commencement of this Act,—
(a) no suit or application or other proceedings for recovery of arrears of rent
referred to in section 3; or 
(b) no application for, or proceedings in, execution of a decree or order for the
recovery of such arrears of rent, or other application or proceedings incidental or ancillary
thereto, shall lie in any Court or Land Tribunal and all such suits, applications and other
proceedings  pending  in any Court or Land  Tribunal  at such commencement  shall  stand
stayed. 
5. Restoration of possession .—Notwithstanding anything to the contrary contained in
any other law or in any judgment, decree or order of any Court or Land Tribunal, where any
holding has been sold in execution of a decree or order for arrears of rent referred to in
section 3, and the cultivating tenant dispossessed of the holding before the commencement of
this Act, such cultivating tenant shall, subject to the provisions of this section, be entitled to
restoration of possession of the holding.
(2) Any person entitled to restoration of possession of his holding under sub-
section (1) may, within a period of three months after payment of the instalments of rent as
provided in sub section (2) of section 3, apply to the Court or Land Tribunal, as the case may
be,  which  passed  the  decree  or  order  for  setting  aside  the  same  and  for  restoration  of
possession of his holding.
(3) The Court or the Land Tribunal, as the case may be, may, after such inquiry as
it deems fit, pass an order allowing the application for restoration and directing the applicant
to deposit the compensation, if any, received by the applicant under any decree or order of the
Court  or  Land  Tribunal  towards  value  of  improvements  or  otherwise  and  the  value  of
improvements, if any, effected on the land after dispossession as may be determined by the
Court or Land Tribunal, within such period as may be specified in the order.
(4) On receipt of the compensation and value of improvements, as required in the
order under sub-section (3), the Court or the Land Tribunal, as the case may be, shall restore
the applicant to possession of the land, if need be, by removing any person who refuses to
vacate the same.
6. Tenants failing to pay instalments in time not entitled to benefits .—Any tenant who
fails to pay any instalment as provided in sub-section (2) of section 3 on or before the due
date shall not be entitled to any benefit conferred by this Act. 
7. Limitation .—In  computing  the  period  of  limitation  of  the  institution  of  suits,
applications or other proceedings, prohibited or stayed under this Act, the time during which
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such suits, applications or other proceedings are prohibited or stayed under this Act shall be
excluded.
8. Act not to apply to certain class of tenants .—Nothing contained in this Act shall
apply in respect of arrears of rent due from a tenant who is a debtor as defined in clause (4) of
section 2 of the Kerala Debt Relief Act, 1977 (17 of 1977).
9.  Repeal and saving .—(1) The Kerala Payment of Arrears of Rent in Instalments
Ordinance, 1979 (10 of 1979), 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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