The KERALA STAY OF EVICTION PROCEEDINGS ACT, 2001

 THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 2001
(Act 11 of 2001)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Interpretation.
3. Stay of Eviction Proceedings.
4. Repeal and Saving.
[Translation in English of “2001- ലെ കേരള ഒഴിപ്പിക്കല്‍ നടപടി ള്‍ നിര്‍ത്തിവയ്ക്കല്‍ ആക്റ്റ്”
published under the authority of the Governor.]
THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 20011
(Act 11 of 2001)
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
organisations 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 30 th
March, 1999;
AND WHEREAS, the Kerala Stay of Eviction Proceedings Act, 1999 (26 of 1999)
was enacted giving period of operation for two years from 31st March, 1999;
AND  WHEREAS,  Governor  have  promulgated  the  Kerala  Stay  of  Eviction
Proceedings Ordinance, 2001 (26 of 2001) on 13 th March, 2001, extending the period of
operation of Act 26 of 1999 for a further period of one year;
AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature
could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala
during its session which commenced on 5th June, 2001 and ended on 23rd  July, 2001;
AND  WHEREAS,  under  sub-clause  (a)  of  clause  (2)  of  Article  213  of  the
Constitution of India, the said Ordinance had ceased to operate on the 17th day of July, 2001;
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;
1 Received the assent of the Governor on the 23 rd November, 2001 and published in the Kerala Gazette
Extraordinary No. 1854 dated 23rd November, 2001.
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 Fifty-second year of the Republic of India as follows:—
1. Short title, extent and commencement. —(1) This Act may be called the Kerala Stay
of Eviction Proceedings Act, 2001.
(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 18 th  July, 2001
and shall be in force till the 30th March, 2003.
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, 1999
(26 of 1999) due to the cessation of operation of the Kerala Stay of Eviction Proceedings
Ordinance, 2001 (26 of 2001), anything done or any action taken after such expiry and before
this Act come into force 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, 1999
due to the cessation of operation of the Kerala Stay of Eviction Proceedings Ordinance, 2001
(26 of 2001) shall not adversely affect any right or privilege acquired or accrued by such
cultivating tenant or small holder under the said Act.
4. Repeal and Saving. —(1) The Kerala Stay of Eviction Proceedings Ordinance, 2001
(32 of 2001) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said
Ordinance shall be deemed to have done or taken under this Act.
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