The KERALA HEREDITARY VILLAGE OFFICES (ABOLITION) ACT, 1961

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THE KERALA HEREDITARY VILLAGE OFFICES
(ABOLITION) ACT, 1961 
ACT 33 OF 1961
CONTENTS
Preamble.
Sections:
1. Short title and extent.
2. Definitions.
3. Abolition of hereditary village offices together with incidents thereof.
4. Power of District Collector to decide whether a person was the holder of a  
hereditary village office and appeal therefrom.
5. Relief to holders of village offices abolished under the Act.
6. Power to take evidence on oath, etc.
7. Enquiries and proceedings to be judicial proceedings.
8. Power to make rules.
9. Power to remove difficulties.
10. Repeal and savings.
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ACT 33 OF 1961
THE KERALA HEREDITARY VILLAGE OFFICES
(ABOLITION) ACT, 1961* 
An Act to abolish hereditary village offices in the State of Kerala.
Preamble.— WHEREAS it is expedient in the public interest to abolish hereditary
village offices and the emoluments appertaining thereof in the State of Kerala;
BE it enacted in the Twelfth Year of the Republic of India as follows:—
1.  Short title and extent.— (1) This Act may be called the Kerala Hereditary Village
Offices (Abolition) Act, 1961.
(2) It extends to the whole of the Malabar district referred to in sub-section (2) of
section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956).
2.  Definitions.— In this Act, unless the context otherwise requires,—
(a)  “appointed date” means the first day of September, 1961;
(b)  “emoluments”  means  money  salaries  and  all  other  kinds  of  remuneration
granted or continued in respect of, or annexed to, any hereditary village office;
(c)  “existing law relating to a hereditary village office” includes any enactment,
rule,  bye-law,  regulation,  order, notification,  standing  order  or any  other  instrument  or
custom,  usage  or  practice  relating  to  a  hereditary  village  office,  which  is  in  force
immediately before the appointed date;
(d)  “hereditary village office” means a village office to which emoluments have
been attached and which is held under any existing law relating to a hereditary village
office, for the performance of duties connected with the administration or collection of the
revenue or with the maintenance of order or with the settlement of boundaries or other
matter of civil administration of a village, whether the services originally appertaining to the
office  continue,  or  have  ceased,  to  be  performed  or  demanded,  and  by  whatsoever
designation the office may be locally known;
(e)  “holder of a hereditary village office” means a person holding a hereditary
village  office  permanently  or  officiating  in  a  permanent  vacancy  after  a  selection  in
accordance with the procedure in force immediately before the appointed date;
(f)  “prescribed” means prescribed by rules made under this Act.
3.  Abolition  of  hereditary  village  offices  together  with  incidents  thereof .—
Notwithstanding anything in any existing law relating to hereditary village offices or in any
decree or order of court, with effect on and from the appointed date,—
(1)  all hereditary village offices shall be, and are hereby, abolished;
(2)  all incidents (including the right to hold office and to receive emoluments
attached thereto, the right if any, to customary fees or perquisites in money or in kind and
the liability to render service) appertaining to the said village offices shall be, and are
hereby, extinguished.
* Published in the Gazette Extraordinary dated 24th November, 1961.
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4.  Power of District Collector to decide whether a person was the holder of a
hereditary village office and appeal therefrom. — (1) If any question arises as to whether a
person was, immediately before the appointed date, the holder of a hereditary village office,
the District Collector shall, after giving the parties affected an opportunity to be heard and
after holding an enquiry, decide the question.
(2) Any person aggrieved by the decision of the District Collector under sub-section (1)
may, within sixty days of such decision, prefer an appeal to the Board of Revenue, and the
decision of the Board of Revenue on such appeal shall be final.
5.  Relief  to  holders  of  village  offices  abolished  under  the  Act.— The  holders  of
hereditary village offices shall, on the abolition of the offices under section 3, be either—
(i)  appointed in suitable posts under the Government in accordance with
such rules as may be prescribed; or
(ii)  paid by way of solatium a gratuity in accordance with the rules made in
that behalf.
6.  Power to take evidence on oath, etc .— The District Collector and the Board of
Revenue shall, for the purposes of this Act, have the same powers as are vested in a court
under the Code of Civil Procedure, 1908, when trying a suit, 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 documents;
(c)  receiving evidence on affidavit.
7.  Enquiries  and  proceedings  to  be  judicial  proceedings.—  All  enquiries  and
proceedings before the District Collector or the Board of Revenue under this Act shall be
deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the
Indian Penal Code.
8.  Power to make rules .— (1) The Government may, by notification in the Gazette,
make rules to carry out the purposes of this Act.
(2)  In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for—
(a)  the procedure to be followed by the District Collector in determining
questions as to whether a person was the holder of the hereditary village office or not;
(b)  the procedure relating to appeals before the Board of Revenue;
(c)  the qualifications and other conditions for appointment of holders of
hereditary village offices in suitable posts under the Government;
(d)  the principles of determining the gratuity payable under section 5, the
form of application for the grant of such gratuity, the time within which and the authority
to which such applications shall be made and appeals from orders on such applications;
(e)  any other matter which has to be, or may be, prescribed under this Act.
(3)  All rules made under this section shall be laid before the Legislative Assembly
for a period of not less than fourteen days, as soon as possible after they are made, and shall
be subject to such modifications as the Legislative Assembly may make during the session
in which they are so laid or the session immediately following.
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9.  Power to remove difficulties. — If any difficulty arises in giving effect to the
provisions of this Act, the Government may by order make such provision or give such
direction, not inconsistent with the provisions of this Act, as may appear to them to be
necessary or expedient for the removal of the difficulty, and the order of the Government, in
such cases, shall be final.
10.  Repeal and savings.—(1) Any existing law relating to a hereditary village office
in force in the Malabar district referred to in sub-section (2) of section 5 of the States
Reorganisation Act, 1956 (Central Act 37 of 1956), is hereby repealed:
Provided that the repeal shall not affect—
(a)  any obligation or liability already incurred by the holder of a hereditary
village office or other person before the appointed date;
(b)  any proceeding or remedy in respect of such obligation or liability, and
any such proceeding may be continued and any such remedy may be enforced as if this
Act had not been passed.
(2) The Kerala Hereditary Village Offices (Abolition) Ordinance, 1961 (Ordinance
No. 5 of 1961), is hereby repealed:
Provided that anything done or any action taken (including any directions given and
orders and rules made) under the said Ordinance shall be deemed to have been done or taken
under this Act as if this Act were in force on the day on which such thing was done or action
was taken.

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