The KERALA STAY OF EVICTION PROCEEDINGS ACT, 1999

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THE KERALA  STAY OF EVICTION PROCEEDINGS ACT, 1999
(Act  26 of  1999)
CONTENTS
Preamble.
Sections:
1. Short title, extent, commencement and duration.
2. Interpretation.
3. Stay of eviction proceedings.
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[Translation in English of “1999- ലെ കേരള ഒഴിപ്പിക്കല്‍ നടപടി ള്‍ നിര്‍ത്തിവയ്ക്കല്‍ ആക്റ്റ്  " published under the
authority of the Governor.]
ACT 26 OF 1999*
THE  KERALA  STAY OF EVICTION PROCEEDINGS ACT, 1999
AN
 ACT
 to provide for the stay of eviction of certain cultivating tenants and small holders from lands
purchased  by  them  and  which  are  subsequently  found  as  excess  land  to  be
surrendered under the provisions of the Kerala Land Reforms Act, 1963.
Preamble.— WHEREAS numerous proceedings are pending before the Land Tribunals,
the Taluk Land Boards, the State Land Board, the Courts or the Revenue Authorities or other
authorities,  wherein  small  holders  and  cultivating  tenants  who  purchased  or  otherwise
acquired land for consideration evidenced by registered documents or otherwise, are under
threat of eviction or dispossession;
AND  WHEREAS  there  was  persistent  demands  from  the  general  public  and
organizations to protect such small holders and cultivating tenants, who are purchasers of
such land, from eviction or dispossession of such land;
AND WHEREAS  in order to protect such small holders and cultivating tenants from
eviction  or  dispossession,  pending  enactment  of  a  legislation  protecting  their  rights and
interests on such land for a temporary period, the Kerala Stay of Eviction Proceedings Act,
1998 (5 of 1998), was enacted;
AND WHEREAS  the period of operation of the aforesaid enactment expired on 30th
March, 1999;
AND WHEREAS some more time is required for enacting a legislation to protect the
rights and interests of such small holders and cultivating tenants on such land;
AND WHEREAS difficulties will arise if such small holders and cultivating tenants are
evicted or dispossessed from such land before the legislation to protect their rights and
interest is enacted;
AND WHEREAS the Government consider it necessary in the public interest to provide
for temporary  protection  of  such  small  holders  and cultivating  tenants from  eviction  or
dispossession, pending enactment of a legislation protecting their rights and interests on such
land;
BE it enacted in the Fiftieth year of the Republic of India as follows:—
1.  Short title, extent, commencement and duration. —(1) This Act may be called the
Kerala Stay of Eviction Proceedings Act, 1999.
* Received the  assent  of the  Governor on the  9 th day of August 1999. Published the  Translation  in  English  in the  Kerala  Gazette
Extraordinary No.1833 dated 11th October, 1999. 
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(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force with effect from the 31st March, 1999
and  shall  cease  to  have  effect  on  the  expiry  of  two  years  from  the  date  of  such
commencement.
2. Interpretation.—Unless the context otherwise requires, words and expressions used
in  this  Act  shall  have  the  meanings,  respectively,  assigned  to  them  in  the  Kerala  Land
Reforms Act, 1963 (1 of 1964).
3. Stay  of  eviction  proceedings. —  (1)  Notwithstanding  anything  to  the  contrary
contained in the Kerala Land Reforms Act, 1963 (1 of 1964), or in any other law for the time
being in force or in any judgement, decree or order of any Court or in any proceedings of the
Land Tribunal, the Taluk Land Board, the State Land Board or any other authority during the
period of operation of this Act,—
(a) No cultivating tenant or small holder who holds or possesses any land by way
of assignment or otherwise as purchaser for consideration evidenced by registered document
or otherwise and which is subsequently found as excess land to be surrendered under the
provisions of the Kerala Land Reforms Act, 1963 (1 of 1964), shall be evicted from, or
dispossessed of, such land; and
(b) all proceedings for such eviction or dispossession pending before any Court,
Tribunal, Board or other authority referred to above, shall stand stayed.
(2) Notwithstanding the expiry of the Kerala Stay of Eviction Proceedings Act, 1998
(5 of 1998) anything done or any action taken, after such expiry and before the date of
publication of this Act in the Gazette by any Court or the Land Tribunal, the Taluk land
Board, the State Land Board or any other authority, to evict or dispossess such cultivating
tenant or small holder from such land shall be invalid.
(3) The expiry of the duration of the Kerala Stay of Eviction Proceedings Act, 1998
shall not adversely affect any right or privilege acquired or accrued by such cultivating tenant
or small holder under the said Act.
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