LexThe SREE PANDARAVAKA LANDS (VESTING AND ENFRANCHISEMENT) ACT,1971
Kerala · state statute
Open in Lexace · Ask the AI about this act THE SREE PANDARA V AKA LANDS (VESTING AND ENFRANCHISEMENT)
ACT,1971
(Act 20 of 1971)
CONTENTS
Preamble.
Sections:
1. Short title an d c om me nc e me nt .
2. Definitions.
3. Extinguishment and vesting of certain rights of the Temple.
4. Landholders to be vested with proprietary right.
5. Treatment of Thanathu lands.
6. Compensation to the Temple.
6A. Revision of annuity.
7. Certain landholders to pay compensation for rights vested in them.
8. Liability to pay basic tax.
9. Issue of pattas and other documents to landholders.
10. Appointment of officers to settle compensation payable by landholders
and for issue of pattas.
11. Appeal.
12. Revision.
13. Collection of arrears of rent.
14. Certain amounts to be first charge.
15. Provision for Melkanganam staff.
16. Administration of temples under management of Melkanganam.
17. Finality of orders.
18. Indemnity.
19. Provisions in regard to liabilities of the Temple.
20. Board of Revenue, District Collector and other officers to have certain
powers of civil court.
21. Power to make rules.
22. Effect of this Act.
23. Amendment of section 2, Act 13 of 1961.
THE SCHEDULE.
THE SREE PANDARA V AKA LANDS (VESTING AND ENFRANCHISEMENT)
ACT, 1971*
(Act 20 of 1971)
An Act to provide for the enfranchisement of Sree Pandaravaka lands held by landholders and for
the vesting in the Government of certain Sree Pandaravaka Thanathu lands.
Preamble.— WHEREAS it is expedient to provide for the enfranchisement of Sree
Pnadaravaka lands held by landholders and for the vesting in the Government of certain Sree
Pandaravaka Thanathu lands;
BE it enacted in the Twenty-second Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Sree Pandaravaka
Lands (Vesting and Enfranchisement) Act, 1971.
(2) It shall come into force on such date as the Government may, by notification in
the Gazette, appoint1.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) " appointed day" means the day on which this Act comes into force ;
(b) "basic tax" means the tax imposed under the provisions of the Kerala Land Tax
Act, 1961 (13 of 1961) ;
(c) "financial year" means the year commencing on the 1st day of April ;
(d) "holding" means any parcel or parcels of Sree Pandaravaka land held by a
landholder;
(e) "kuthakapattom" means a lease of Sree Pandaravaka Thanathu lands or of trees
on such lands granted for a consideration payable in money or in kind or in both, whether annually
or otherwise ;
(f) " landholder" means a person who holds Sree Pandaravaka land directly under the
Temple on Pattom, Otti, Jenmon, Kudijenmom or Danam or under any other tenure by whatever
name called, and includes his heirs, legal representatives and assigns; but does not include a person
who holds Sree Pandaravaka Thanathu lands on kuthakapattom ;
(g) "prescribed" means prescribed by rules made under this Act ;
(h) "rent" means whatever is lawfully payable in money or in kind or in both, to the
temple by a landholder for the use and occupation of any Sree Pandaravaka land ;
(i) "Sree Pandaravaka land" means any land owned by the Sree Padmanabhaswamy
Temple and registered in the revenue records as "Sree Pandaravaka" ;
* Received the assent of the President on 22nd June, 1971 and published in the Kerala Gazette Extraordinary No. 295,
dated 28th June, 1971.
1 w.e.f. 01.08.1971 (vide S.R.O. No. 277/71 dated 31.07.1971).
(j) "Sree Pandaravaka Thanathu land" means land registered as "Sree Pandaravaka
Thanathu" in the revenue records and includes such land held on kuthakapattam ;
(k) " Temple " means the Sree Padmanabhaswamy Temple at Trivandrum .
3. Extinguishment and vesting of certain rights of the Temple.—(1) Notwithstanding
anything contained in any law or contract or in any judgment, decree or order of court, with effect
on and from the appointed day,—
(a) all rights, title and interest of the Temple in all Sree Pandaravaka lands held by
landholders shall stand extinguished ;
(b) All rights, title and interest of the Temple in all Sree Pandaravaka Thanathu
lands, except those referred to in sub-section (2), shall vest in the Government ;
(c) every building which immediately before the appointed day belonged to the
Temple and was then being used as an office in connection with the administration of the
Melkanganam branch of the Sree Pandaravaka Department and for no other purpose, shall vest
absolutely in the Government free of all encumbrances.
Explanation.— For the purposes of this sub-section, "building" includes the site on which
it stands and any land appurtenant thereto.
(2) Nothing contained in sub-section (1) shall apply to the lands specified in the
Schedule.
(3) The Government may, on being satisfied that any Sree Pandaravaka Thanathu
land is absolutely indispensable for the maintenance, upkeep and user of the Sree Padmanabha
swamy Temple, or any temple attached thereto, direct, by notification in the Gazette, that the
rights, title and interest in respect of such land shall cease to vest in the Government and
thereupon such rights, title and interest shall re-vest in the Sree Padmanabhaswamy Temple.
(4) If any question arises as to whether any building falls or does not fall within the
scope of sub-section (1), it shall be referred to the Government whose decision thereon shall be
final and shall not be liable to be questioned in any court of law.
4. Landholders to be vested with proprietary right. —Notwithstanding anything contained
in any law or contract or in any judgment, decree or order of court, with effect on and from the
appointed day,—
(a) every landholder shall, subject to the provisions of section 8, have full
proprietary right in the land comprised in his holding, and such right shall be heritable and
alienable ;
(b) except as provided in section 13, no landholder shall be liable to pay rent to the
Temple.
5. Treatment of Thanathu lands.— (1) Wherein in respect of Sree Pandaravaka Thanathu
lands vested in the Government under clause (b) of sub-section (1) of section 3, there is a lease on
kuthakapattam, such lease shall be deemed to continue under the Government on the same terms
and conditions as under the Temple.
(2) Subject to the provisions of sub-section (1), the Government may, at any time
after the appointed day, after reserving the Sree Pandaravaka Thanathu lands necessary for
Government or public purposes, assign on registry in such manner and subject to such restrictions
and conditions as may be prescribed, the remaining lands vested in the Government under clause
(b) of sub-section (1) of section 3.
6 . Compensation to the Temple. —(1) The Government shall by way of compensation for
the extinguishment of the rights, title and interest of the Temple under clause (a) of sub-section (1)
of section 3 and for the vesting in the Government of its rights, title and interest in Sree
Pandaravaka Thanathu lands and of buildings under clauses (b) and (c) of that sub-section pay in
perpetuity to the Temple every financial year beginning with the financial year in which the
appointed day falls, an amount of fifty-eight thousand and five hundred rupees as annuity.
(2) The annuity payable under sub-section (1) shall be paid in one lump every
financial year on such date and in such manner as may be prescribed.
2[6A. Revision of annuity .— The Government shall, in consultation with the Commissioner
of Land Revenue and in the manner as may be prescribed, revise the annuity payble under section 6,
with effect from the date of commencement of the Sree Pandaravaka Lands (Vesting and
Enfranchisement) Amendment Act, 2023 (24 of 2023) to thrice the amount, that is an amount of
₹1,75,500, and thereafter at the expiration of every five years enhance the annuity so revised by
twenty five per cent.]
7. Certain landholders to pay compensation for rights vested in them.—(1) Every
landholder, the annual rent payable by whom immediately before the appointed day in respect of
all the Sree Pandaravaka lands held by him is more than the amount calculated at the rate of four
rupees and ninety-four paise per hectare of such lands, shall, in consideration of the rights
conferred on him under section 4, be liable to pay to the Government compensation as provided in
sub-sections (2) to (8).
(2) The amount of compensation payable by a land holder under sub-section (1)
shall be equal to sixteen times the difference between the annual rent payable by the land holder
immediately before the appointed day in respect of all the Sree Pandaravaka lands held by him
and the amount referred to in that sub-section.
(3) Where the annual rent in respect of land comprised in a holding or part thereof
is fixed in paddy, such annual rent shall, for the purposes of this section, be commuted into money
at the rate of two rupees and twelve paise per standard para of paddy :
Provided that in respect of the lands in the Chirayinkil taluk for which the commutation
rate adopted has been eight and a half chakrams per para of paddy, the commutation rate shall be
thirty paise per standard para of paddy.
Explanation.—For the purposes of this sub-section, "standard para" means the measure
equivalent to 13.11 litres.
2 Inserted by Act 24 of 2023 (w.e.f. 30.09.2023).
(4) The amount payable under sub-section (1) shall be paid in sixteen equal half-
yearly instalments, the first instalment commencing from such date as the Government may
specify by notification in the Gazette.
(5) If any instalment of the compensation payable under sub-section (4) is not paid
on the due date, the amount of such instalment shall bear interest at the rate of five per centum per
annum from that date till the date of payment of that instalment.
(6) Nothing contained in sub-section (4) shall be deemed to preclude a landholder
from paying at any time a larger sum than the amount of an instalment, or from paying two or
more instalments together, or from paying the whole amount due in one instalment.
(7) If any sum in excess of the amount of any instalment is paid by the landlord, it
shall be credited towards the succeeding instalment or instalments.
(8) Where a landholder pays the entire amount due in a lump sum on or before the
date on which the first instalment is payable, he shall be allowed a rebate of twenty-five per
centum of the amount so paid.
8. Liability to pay basic tax. —(1) With effect on and from the appointed day, all Sree
Pandaravaka lands held by landholders immediately before that day shall be deemed to be
Pandaravaka lands for all purposes and shall, subject to the provisions of the Kerela Land Tax Act,
1961 (13 of 1961), be liable to be charged with basic tax.
(2) The landholders shall be liable to pay the basic tax and the provisions of the
Kerala Land Tax Act, 1961 (13 of 1961), shall apply for the levy and collection of such tax.
(3) "Rajabhogam" payable to the Government by any landholder in respect of any
Sree pandaravaka land shall cease to accure with effect on and from the appointed day.
9. Issue of pattas and other documents to landholders. —(1) As soon as may be after the
appointed day, the Government shall issue pattas or other documents evidencing the full
proprietary rights of the landholders in their holdings.
(2) The pattas or other documents issued under sub-section (1) shall contain such
particulars as may be prescribed.
10. Appointment of officers to settle compensation payable by landholders and for issue of
pattas.—The Government may appoint or authorise such officer or officers as they deem
necessary for the purpose of making enquiry and determining the compensation payable by the
landholders to the Government under section 7 and for the issue of pattas or other documents
under section 9.
11. Appeal.—(1) Any person aggrieved by an order of any officer appointed or authorised
under section 10 may appeal to the District Collector, Trivandrum or any other officer empowered
in this behalf by the Government, within sixty days from the date of the order.
Explanation.—For the purpose of computing the said period of sixty days, the date
of communication of a copy of the order to the appellant shall be deemed to be the date of the
order.
(2) A copy of every order against which an appeal lies under sub-section (1) shall
be communicated in such manner as may be prescribed.
12. Revision.—(1) The Board of Revenue may, either of its own motion or on application
by any person aggrieved by an order passed by any officer under this Act, call for and examine the
record of any proceeding in which such order has been passed, for the purpose of satisfying itself
as to the legality, regularity or propriety of such order or proceeding and pass such order thereon
as it thinks fit :
Provided that the Board of Revenue shall not call for the record of any proceeding if an
appeal against the order to which the proceeding relates is pending or if the time for preferring
appeal against such order has not expired.
(2) The Board of Revenue shall not of its own motion call for and examine the
record of any proceeding under sub-section (1) if the order to which the proceeding relates has
been made more than two years previously.
(3) In the case of an application under sub-section (1) by any person aggrieved, the
application shall be made within two years from the date of the order in question.
13. Collection of arrears of rent. —(1) With effect on and from the appointed day, the
Temple shall not be entitled to collect any rent which accrued due to it from any landholder in
respect of his holding before, and is outstanding on, that day, but the Tahsildar of the taluk in
which the holding is situate shall be entitled to collect all such arrears of rent and any interest
payable thereon as if they were arrears of public revenue due on land :
Provided that if a landholder pays within 3[six years] from the appointed day, in such
manner as may be prescribed, an amount equal to the arrears of rent for a financial year or the
actual arrears outstanding on the appointed day, whichever is less, together with interest thereon,
all arrears of rent shall be deemed to be fully discharged and no suit or other proceedings shall lie
or continue for the recovery thereof.
(2) Where the annual rent on any land comprised in a holding or part thereof is
fixed in paddy, such annual rent shall, for the pruposes of this section, be commuted into money at
the rate of two rupees and twelve paise per standard para of paddy :
Provided that in respect of the lands in the Chirayinkil taluk, for which the commutation
rate adopted has been eight and a half chakrams per para of paddy, the commutation rate shall be
thirty paise per standard para of paddy.
Explanation.—For the purposes of this sub-section "standard para" means the measure
equivalent to 13.11 litres.
(3) All amounts paid or collected under sub-section (1) shall be paid to the Temple
after deducting—
(a) five per cent thereof by way of collection charges ;
(b) the amount, if any, due from the Temple to the Government ; and
3 Substituted by Act 18 of 1977 (w.e.f. 01.08.1975)
(c) the rent, if any, collected before the appointed day by the Temple from
any landholder in respect of the financial year in which the appointed day falls or any subsequent
financial year.
14. Certain amounts to be first charge.—The compensation payable by a landholder under
section 7 and any amount which the Tahsildar is entitled to collect under sub-section (1) of
section 13 shall be a first charge upon the land in respect of which such compensation or amount
is payable, subject only to the charge for basic tax.
15. Provision for Melkanganam staff. —Notwithstanding any law, custom or contract to
the contrary, the following provisions shall apply in regard to the persons employed in the
Melkanganam Branch of the Sree Pandaravaka Department immediately before the appointed day,
namely:—
(a) The Government shall have power to terminate the services of any such person
after giving him one calendar month's notice or paying him one month's pay in lieu of such
notice ;
(b) persons whose services are retained shall be governed by such rules as the
Government may make in regard to them.
16. Administration of temples under management of Melkanganam.— Notwithstanding any
law, custom or contract to the contrary, the following temples which have hitherto been
administered by the Melkanganam Branch of the Sree Pandaravaka Department shall, on and from
the appointed day, be administered by the Executive Officer appointed under sub-section (2) of
section 18 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of 1950), in
accordance with the provisions of that Act :—
(a) Sree Subramonia Swamy Temple, Puthenchanthai,Trivandrum ;
(b) Sabhapathi Temple, Chalai, Trivandrum ; and
(c) Sree V azhichal Kanthan Sastha Temple, V azhichal, Neyyattinkara
Taluk.
17. Finality of orders. —(1) Any order passed by any officer under this Act in respect of
matters to be determined for the purposes of this Act shall, subject only to any appeal or revision
provided under this Act, be final.
(2) No such order shall be liable to be questioned in any court of law.
18. Indemnity.—(1) No suit or other legal proceedings shall lie against the Government for
any act which is in good faith done or intended to be done under this Act or any rule made
thereunder.
(2) No suit, prosecution or other legal proceedings shall be instituted against any
officer or person duly appointed, authorised or empowered under this Act in respect of anything
which is in good faith done or intended to be done under this Act or any rule made thereunder.
19. Provisions in regard to liabilities of the Temple.—(1) All claims and liabilities
enforceable immediately before the appointed day against the Temple in respect of any Sree
Pandaravaka land referred to in clause (a) or clause (b) of sub-section (1) of section 3 or in respect
of any building referred to in clause (c) of that sub-section shall, on or after that day, be
enforceable only against the annuity payable to the Temple under this Act.
(2) All claims and liabilities referred to in sub-section (1) shall be enforceable
against the annuity payable to the Temple under this Act to the same extent to which such claims
and liabilities were enforceable against the interest of the Temple in the said land or building
immediately before the appointed day.
(3) No court shall, on or after the appointed day, order or continue execution in
respect of any decree or order passed against the Temple or against the interest it had in any Sree
Pandaravaka land or building referred to in sub-section (1), and execution shall be ordered or
continued in such cases in conformity with the provisions of sub-sections (1) and (2) only as
against the annuity payable to the Temple.
(4) All rights and privileges which may have accrued in any Sree Pandaravaka land
or building referred to in sub-section (1) to any person before the appointed day against the
Temple shall cease and determine and shall not be enforceable against the Temple or against the
Government, and every such person shall be entitled only to such rights and privileges as are
recognised or conferred on him by or under this Act.
20. Board of Revenue, District Collector and other officers to have certain powers of civil
court.—The Board of Revenue, the District Collector, Trivandrum and any other officer exercising
any power or performing any function under the Act shall, for the purposes of this Act, have all the
powers of a civil court when 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 ; and
(d) requisitioning any public record or copy thereof from any court or office.
21. Power to make rules. —(1) The Government may, by notification in the Gazette, make
rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the procedure for the determination of compensation payable by the
landholders under this Act ;
(b) the procedure for the issue of pattas or other documents and the
particulars they should contain ;
(c) prescribing forms where forms are necessary;
(d) the procedure before the officers appointed or authorised under section
10 and the procedure in appeals and revisions under this Act ;
(e) the manner in which and the conditions and restrictions subject to
which lands vested in the Government under this Act may be assigned ;
(f) any other matter which is to be, or may be, prescribed for the purposes
of this Act.
(3) 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.
22. Effect of this Act.—The provisions under this Act shall be deemed to be "other
arrangements" made regarding the management of Sree Pandaravaka properties within the
meaning of section 23 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of
1950).
23. Amendment of section 2, Act 13 of 1961. —In section (2) of the Kerala Land Tax Act,
1961 (13 of 1961), in sub-section (1), clause (ii) shall be omitted.
THE SCHEDULE
[See section 3 (2)]
_____
Village
Survey
number
Extent
Tenure DevaswomsAcre Cent
V anchiyoor
Village
Do.
Do.
Do.
Do.
560/4
560/134
560/135
560/268
560/311
1
..
3
..
..
82
12
2
14
7
Sree Pandaravaka Thanathu
Pooja Nelpura
Poramboke- Sirkar
Thanathu Ulsavamatom
Sree Pandaravaka Thanathu
Sirkar Nellukuthupura
Sirkar Thanathu Chottupura
Sree Padmanabha
Swamy Temple
Do. 587 .. 36 Sree Pandaravaka Thanathu Sree
Padmanabhaswamy
Temple
(Mithranandapuram
Nambimatam)
Do. 719 .. 19 Sree Pandaravaka Thanathu
Virakupura
Sree
Padmanabhaswamy
Temple
Do. 1200 .. 51.448 Kulam Poramboke do.
Do. 1201 1 16.973 Sree Pandaravaka
Thanathu
Subramonia Swamy
Temple
Chengazhaserry 2757 .. 73 do. Sabhapathy Temple at
Chalai