LexThe KERALA SCHEDULED TRIBES (RESTRICTION ON TRANSFER OF LANDS AND RESTORATION OF ALIENATED LANDS) ACT, 1975
Kerala · state statute
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ACT 31 OF 1975
THE KERALA SCHEDULED TRIBES (RESTRICTION ON
TRANSFER OF LANDS AND RESTORATION OF
ALIENATED LANDS) ACT, 1975
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Exemptions.
4. Restriction on transfer.
5. Certain transfers to be invalid.
6. Reconveyance of property.
7. Suo motu action by Government.
8. Burden of proof.
9. In admissibility of deeds for purposes of registration.
10. Prohibition to attachment of immovable properties.
11. Liability to pay amount.
12. Government to advance loan for payment of amount.
13. Offences and penalties.
14. Cognizance of offences.
15. Bar on proceedings against Scheduled Tribes under Chapter X of the Code of Criminal
Procedure.
16. Legal practitioner not to appear in proceedings under the Act.
17. Powers of competent authority and Revenue Divisional Officer.
18. Power to remove difficulties.
19. Protection of action taken in good faith.
20. Saving of other laws.
21. Bar of jurisdiction of civil courts.
22. Power to make rules.
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ACT 31 OF 1975
THE KERALA SCHEDULED TRIBES (RESTRICTION ON
TRANSFER OF LANDS AND RESTORATION OF
ALIENA TED LANDS) ACT, 1975*
(Repealed by Act 12 of 1999)1
An Act to provide for restricting the transfer of lands by members of Scheduled Tribes in the
State of Kerala and for the restoration of possession of lands alienated by such
members and for matters connected therewith.
Preamble.—WHEREAS it is expedient to provide for restricting the transfer of lands by
members of Scheduled Tribes in the State of Kerala and for the restoration of possession of
lands alienated by such members and for matters connected therewith;
BE it enacted in the Twenty-sixth Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Kerala
Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act,
1975.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification
in the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "competent authority", with reference to any land, means the District
Collector of the district in which the land is situate or any other officer appointed by the
Government to be the competent authority for the purposes of this Act for the area in which
that land is situate;
(b) "immovable property" includes standing crops and trees but does not include
growing grass;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "Revenue Divisional Officer", with reference to any land, means the Revenue
Divisional Officer having jurisdiction over the area in which that land is situate or any other
officer appointed by the Government to perform the functions of the Revenue Divisional
Officer under this Act, in the area in which that land is situate;
(e) "Scheduled Tribe" means any of the Scheduled Tribes in relation to the State
as specified in the Constitution (Scheduled Tribes) Order, 1950;
(f) "State" means the State of Kerala;
* Received the assent of President on 11 th day of November, 1975 and published in the Kerala Gazette Extraordinary No. 673 dated
14.11.1975.
1 Repealed by the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (Act 12 of 1999).
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(g) "transfer", in relation to immovable property, means an act by which
immovable property is conveyed by any documentary or oral transaction, whether by way of
mortgage with or without possession, lease, sale, gift or exchange, or in any other manner,
not being a testamentary disposition; and includes a charge, 'vilapanayam', 'unduruthi',
contract relating to immovable property, mortgage, pledge or hypothecation of crops or
standing trees on payment of consideration or other wise, voluntary surrender and
abandonment.
Explanation.—For the purposes of his clause,—
(i) "vilapanayam" means hypothecation of crops on payment of consideration or
otherwise;
(ii) "unduruthi" means an assignment of the right to collect the usufructs available
or anticipated to be available on any land during a specified term for a specified price.
3. Exemptions.—Nothing contained in this Act shall apply to—
(a) the lease of any land or building or both granted by the Administrator General,
Official Trustee or Official Receiver ; or
(b) the mortgage, pledge or hypothecation of any immovable property by a
member of a Scheduled Tribe in favour of the Government as security for the purpose of
obtaining any loan or other assistance from the Government; or
(c) the mortgage, pledge or hypothecation of any immovable property by a
member of a Scheduled Tribe in favour of a co-operative society registered or deemed to be
registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969), or a corporation
or a nationalised bank or any other financing agency, not being a private agency or a money-
lender, as security for any loan advanced by such society, corporation, bank or other agency.
4. Restriction on transfer .—Notwithstanding anything to the contrary contained in any
other law, or in any contract, custom or usage, or in any judgment, decree or order of any
court, any transfer effected by a member of a Scheduled Tribe, of immovable property
possessed, enjoyed or owned by him, on or after the commencement of this Act to a person
other than a member of a Scheduled Tribe, without the previous consent in writing of the
competent authority, shall be invalid.
5. Certain transfers to be invalid .—Notwithstanding any thing 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, any transfer of immovable property possessed,
enjoyed or owned by a member of a Scheduled Tribe to a person other than a member of a
Scheduled Tribe, effected on or after the 1st day of January, 1960, and before the
commencement of this Act shall be deemed to be invalid.
6. Reconveyance of property.—(1) Where by reason of a transfer of immovable property
which is invalid under section 4 or section 5, a member of a Scheduled Tribe has ceased or
ceases to be in possession or enjoyment thereof, he shall be entitled to the restoration of
possession or enjoyment, as the case may be, of such property.
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(2) Any person entitled to be restored to the possession or enjoyment of any
immovable property under sub-section (1) or any other person on his behalf may make an
application, either orally or in writing, to the Revenue Divisional Officer within a period of
one year from the date of commencement of this Act or such further period as may be
specified by Government by notification in the Gazette,—
(a) for restoration of possession or enjoyment, as the case may be, of such
property, if such transfer had been made before the date of commencement of this Act; or
(b) for restoration of possession or enjoyment, as the case may be, of such
property and for the prosecution of the person who has procured such transfer, if such
transfer was made on or after the date of commencement of this Act.
(3) On receipt of an application under sub-section (2), the Revenue Divisional
Officer shall make or cause to be made necessary inquiries in respect of such application and,
if he is satisfied that the applicant or the person on whose behalf the application has been
made is entitled to restoration of possession or enjoyment, as the case may be, of the
immovable property mentioned in the application, he shall, by order, direct the person in
possession or enjoyment of such property to deliver possession thereof to the applicant or to
the person on whose behalf the application has been made, or, as the case may be, to allow
him to enjoy such property, within a period of thirty days from the date of service of the order
and also specify the amount payable under section 11 :
Provided that no order under this sub-section shall be made unless the person in
possession or enjoyment of the property has been given a reasonable opportunity of being
heard in the matter.
(4) Every order made under sub-section (3) shall be served on the person for
whom it is intended,—
(a) by delivering or tendering it to that person; or
(b) if it cannot be delivered or tendered to that person, by delivering or
tendering it to any officer of such person or any adult member of the family of such person
or by affixing a copy thereof on the outer-door or some conspicuous part of the premises in
which that person is known to have last resided or carried on business or personally worked
for gain; or
(c) failing service by any of these means, by registers post.
(5) Any person aggrieved by an order of the Revenue Divisional Officer under
sub-section (3) may, within a period of thirty days from the date of service of the order, prefer
an appeal to the competent authority, and the decision of the competent authority on such
appeal shall be final and shall not be called in question in any court of law.
(6) Where an order under sub-section (3) has not been complied with, and
(a) an appeal has not been preferred within the time allowed for such appeal;
or
(b) an appeal having been preferred has been dismissed, the Revenue
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Divisional Officer shall cause the immovable property to which the order relates to be
delivered to the transferor by putting him in possession or enjoyment of that property, if need
be, by removing any person who refuses to vacate the same.
7. Suo motu action by Government .—(1) Notwithstanding anything contained in section
6, the Government may, of their own motion, by order, direct the person in possession or
enjoyment of any immovable property to deliver possession thereof to a member of a
Scheduled Tribe or allow such a member to enjoy such property, if they are satisfied after
necessary inquiries that such member was deprived of the possession or enjoyment, as the
case may be, of that immovable property by reason of a transfer which is invalid under
section 4 or section 5 :
Provided that no order under this sub-section shall be made unless the person in
possession or enjoyment of the property has been given a reasonable opportunity of being
heard in the matter.
(2) Every order under sub-section (1) shall be served on the person for whom it is
intended in the manner specified in sub-section (4) of section 6.
(3) An order under sub-section (1) shall be final and shall not be questioned in
any court.
8. Burden of proof .—Where, in any proceedings under this Act, or in the trial of an
offence punishable under section 13, the validity of any transfer of immovable property is
called in question, the burden of proof of the validity shall, notwithstanding anything
contained in any other law for the time being in force, lie on the person who claims such
transfer to be valid.
9. In admissibility of deeds for purposes of registration .—Notwithstanding anything
contained in the Registration Act, 1908 (Central Act 16 of 1908), no deed of transfer of any
immovable property executed in contravention of or contrary to the provisions of this Act
shall be accepted in registration.
10. Prohibition to attachment of immovable properties .— For the execution of a
money decree against a member of a Scheduled Tribe, no right or interest held by him in any
immovable property, shall be liable to be attached or sold except to the extent and in the
manner prescribed.
11. Liability to pay amount .—(1) Notwithstanding anything contained in any other
law for the time being in force, where the possession or enjoyment of any immovable
property is restored to a member of a Scheduled Tribe under this Act, an amount equal to the
aggregate of the actual amount of consideration received by such member at the time of the
transfer and an amount determined by the competent authority for improvements, if any,
made after the transfer and before such restoration shall be paid by him to the person from
whom possession or enjoyment, as the case may be, was restored, in accordance with the
rules made under this Act:
Provided that no amount shall be payable if the transfer was effected on or after the
commencement of this Act.
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(2) The amount determined by the competent authority under sub-section (1) shall
be final and shall not be called in question in any court.
(3) The amount payable under sub-section (1) shall be recoverable in such
manner as may be prescribed.
12. Government to advance loan for payment of amount .— (1) The Government may,
subject to such rules as may be made in this behalf, advance loans to the members of
Scheduled Tribes who are liable to pay amounts under section 11.
(2) Loans advanced under sub-section (1) shall be repaid in twenty equal annual
instalments in accordance with such rules as may be made in this behalf.
(3) If any default is made in the repayment of a loan advanced under sub-section
(2), the amount in default shall be recoverable under the Kerala Revenue Recovery Act as if
it were arrear of public revenue due on land.
13. Offences and penalties .—Any person who on or after the commencement of this
Act procures transfer of any immovable property in contravention of the provisions of
section 4, shall be punishable with rigorous imprisonment for a term which may extend to
one year, or with fine which may extend to two thousand rupees, or with both.
14. Cognizance of offences .—(1) No court inferior to that of a Magistrate of the First
Class shall try any offence punishable under this Act:
Provided that the Government may constitute one or more than one special court
exclusively for the trial of the offences under this Act.
(2) In a case where transfer of immovable property in contravention of section 4
has been made on or after the commencement of this Act, the Revenue Divisional Officer
shall file a complaint to the Magistrate having jurisdiction or to the special court, as the case
may be, for the trial of the offences under this Act.
(3) Any person aggrieved by a transfer in contravention of section 4 or any other
person on his behalf shall also be entitled to file a complaint before a Magistrate having
jurisdiction or to the special court, as the case may be, for the trial of the offence under this
Act.
15. Bar on proceedings against Scheduled Tribes under Chapter X of the Code of
Criminal Procedure.— Where a person claiming to be a member of a Scheduled Tribe or any
other person on his behalf applies to the Revenue Divisional Officer for the restoration of
possession or enjoyment of any land under the provisions of this Act, or where the
Government take suomotu action under section 7 for the restoration of the possession or
enjoyment of any immovable property to any person, then, notwithstanding anything
contained in any other law for the time being in force, no Magistrate shall have jurisdiction
under Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in respect
of any dispute between that person and any other person claiming to be in possession or
enjoyment of the said land.
16. Legal practitioner not to appear in proceedings under the Act.—No legal
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practitioner shall appear, plead or act on behalf of any party in any proceedings before the
Revenue Divisional Officer or the competent authority or the Government, except with the
written permission of such officer or authority or the Government, as the case may be.
17. Powers of competent authority and Revenue Divisional Officer.—(1) The
competent authority and the Revenue Divisional Officer while making inquiries under this
Act shall 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) any other matter which may be prescribed.
(2) The decisions of the competent authority and the Revenue Divisional Officer
under this Act shall have the force of a decree of a civil court.
18. Power to remove difficulties.—If any difficulty arises in giving effect to the
provisions of this Act, the Government may, as occasion requires, by order, do anything not
inconsistent with the provisions of this Act which appears to them necessary for the purpose
of removing the difficulty.
19. Protection of action taken in good faith .—No suit, prosecution or other legal
proceedings shall lie against any person for anything done or purporting to be done in good
faith under this Act or the rules made thereunder.
20. Saving of other laws.—The provisions of this Act shall be in addition to and not in
derogation of any other law for the time being in force regulating any of the matters dealt
with in this Act except to the extent provided in this Act.
21. 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 competent authority or
the Revenue Divisional Officer.
22. 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.
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