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ACT 15 OF 1976

THE KERALA LAND REFORMS (AMENDMENT) ACT, 1976

An Act further to amend the Kerala Land Reforms Act, 1963.

Preamble.—WHEREAS it is expedient further to amend the Kerala Land Reforms Act, 1963, for the purposes hereinafter appearing;

BE it enacted in the Twenty-seventh Year of the Republic of India as follows:—

1. Short title.—This Act may be called the Kerala Land Reforms (Amend­ment) Act,    1976.

2. Amendment of section 72 H.—In section 72H of the Kerala Land Reforms Act, 1963 (1 of 1964) (hereinafter referred to as the principal Act),—

(a) for sub-sections (2), (3), (4) and (5), the following sub-section shall Be substituted, namely:—

"(2) The amount of compensation payable under sub-section (1) in
respect of a holding shall be paid in cash in lump within a period of one year
of the date on which the order of the Land Tribunal under sub-section (5)
of section 72F has become final."

             (b) for sub-section (6), the following sub-section shall be substituted, namely:—;

"(6) where the amount of compensation is not paid on or before the expiry of the period of one year specified in sub-section (2), such amount shall bear interest at the rate of four percent per annum from the date of expiry of the said period of one year."

3. Amendment of section 721.—In section 721 of the principal Act, for sub-section (5A), the following sub-section shall be substituted, namely:—

"(5A1 Notwithstanding anything contained in sub-section (4) or sub-section (5),—

             (a) where the cultivating tenant has opted to pay the purchase price Payable                        by him under section 72L in a lump; or

              (b) where the landowner or the intermediary to a small holder and the amount                   of compensation in respect of all holdings held by cultivating tenants under                    him does not exceed five thousand rupees,

the amount of compensation determined under sub-section (3) shall be paid in cash in lump within one year from the date of such determination and if not so paid shall bear interest at the rate of four percent per annum, from the date of expiry of that period.".

4. Amendment of section 75.—In sub-section (2) of section 75 of the principal Act, for clause (a), the following clause shall be substituted, namely:—

            "(a) for constructing a building for his own residence or for the residence of any member of his family including major sons and daughters; or".

5. Amendment of section 11.—In section 77 of the principal Act,—

               (a) to sub-section (1), the following further proviso shall be added, namely:—

"Provided further that the Land Tribunal shall not entertain any application under this sub-section in respect of a kudikidappu, if an order under sub-section (3) of section 80B allowing an application for the purchase of that kudikidappu has been passed and such order is in force."

              (b) in sub-section (2), the proviso shall be omitted.

6. Amendment of section 80C.— In section 80C of the principal Act,—

             (a) for sub-section (2), the following sub-section shall be substituted, namely:—

"(2) As soon as may be after the order of the Land Tribunal under sub-section (3) of section 80B has become final, the Land Tribunal shall issue a certificate of purchase in such form and containing such particulars as may be prescribed, and thereupon the right, title and interest of the land owner, the intermediaries, if any, and the person in posses­sion where he is not the land owner, in respect of the land allowed to be purchased, shall vest in the kudikidappukaran free from all encumbran­ces with effect from the date on which the order of the Land Tribunal under the said sub-section (3) has become final.";

            (b) sub-section (3) shall be omitted;

        (c) in sub-sections (5) and (6), for the words "second and subsequent instalments", the word "instalments" shall be substituted.

7. Amendment of section 80D.—In section 80D of the principal Act, for the words "the second or any subsequent instalment", the words "any instalment" shall be substituted.

8. Amendment of section 96,—In sub-section (1) of section 96 of the prin­cipal Act for the Explanation, the following Explanation shall be Substituted, namely;

       "Explanation.—For the purposes of this sub-section,—

               (a) a kudikidappukaran or the tenant of a kudiyiruppu shall be deemed to be                       a landless agricultural labourer if he docs not possess any other land;                        (b)''kudikidappukaran" than include a person who was a “Kudikidappukaran”                      to whom a certificate of purchase has been issued under sub-section (2) of                      section 80G" .

 9. Amendment of section 100A-- In section 100A of the principal Act,—

               (a) for sub-section (2A), the following sub-section shall be substituted,
                   namely:--

"(2A) Notwithstanding anything contained in sub-section (2), but subject to such rules as may be made by the Government in this behalf, the, functions of the Taluk Land Board may be performed by the Chairman alone or by the Chairman and any one or more of the other members of the Board.";

               (b) in sub-section (2B),

                    (i) for the words "The members", the words, "The member or members"                               shall be substituted;

                    (ii) for the words "by them", the words "by him or them" shall be
                          substituted;

               (c) after sub-section (6A), the following sub-section shall be inserted,

namely:—

           "(6B) The members of the Taluk Land Board other than the Chair­man shall be entitled to a sitting fee of ten rupees per day for attending the meetings of the Board:

Provided that the Government may, by notification in the Gazette, and, for reasons to be stated in such, notification, fix such other amount as they deem fit, as sitting fee."

(d) to sub-section (7), the following proviso shall be added, namely:—

           "Provided that it shall not be necessary to record in writing the reasons for the removal or to give an opportunity of showing cause against the pro-posed removal, if the Government are of the opinion that it is not expedient, in the public interest, to record the reasons in writing or to give such oppor­tunity."

10. Amendment of section 102.—In sub-section (1) of section 102 of the principal Act, after the word and figures "section 73," the words, brackets and figures "sub-section (2) of section 77," shall be inserted.


11. Amendment of section 109.— In sub-section (4) of section 109 of the prin­cipal Act, for clause (c), the following clause shall be substituted, namely:—

           "(c) for providing better facilities to— (i) the kudikidappukars; and

                      (ii) persons who were kudikidappukars to whom certificates of purchase                              have been issued under sub-section (2) of section 80G,

in accordance with such rules as may be made by the Government in this behalf:

"Provided that a person to whom a certificate of purchase has been issued under the said sub-section or his successor-in-interest shall not be entitled to any benefit under this clause after the expiry of a period of twenty years from the date on which the right, title and interest in respect of the land allowed to be purchased by such person have vested in him under the said sub-section."

12. Amendment of section 123.—In section 123 of the principal Act,—

              (a) in the proviso to sub-section (1), for the words and figures "Code of                                Criminal Procedure, 1898", the words, figures and brackets "Code
                   of Criminal Procedure, 1973 (Central Act 2 of 1974) " shall be substituted;

              (b) in sub-section (2), for the words "a Magistrate of the first class", the words                    "a Judicial Magistrate of the first class" shall be substituted.

13. Substitution of new section for section 123A.—For section 123A of the principal Act, the following section shall be substituted, namely:—

" 123A. Cognizance of offences under section 118A.—(1) Notwithstanding anything contained in section 123, or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence punishable under section 118A shall be tried by the Taluk Land Board of the taluk in which the person bound to file the statement under section 85A ordinarily resides.

         (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), every member of a Taluk Land Board shall, for the purposes of sub-section (1), be deemed to be a Judicial Magistrate of the first class.

        (3) Subject to such rules as may be made by the Government under sub-section (5), the Taluk Land Board shall, in trying an offence punishable under section 118A, follow the procedure prescribed by the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), for the trial of summons cases by Judicial Magistrates.

       (4) The Taluk Land Board shall not take cognizance of any offence punishable under section 118A, except on complaint in writing made by an officer authorised by the Government in this behalf.

33/1315/MC

(5) for the trial of offences punishable under section 118A by the Taluk
Land Board, the Government may make rules in respect of the following matters, namely:—

            (a) the constitution of benches consisting of two or more members of the Taluk Land Board;

             (b) the times and places of sitting; and

             (c) the mode of settling differences of opinion which may arise between the                         members of the bench so constituted.

(6) For the removal of doubts it is hereby declared that, notwithstanding anything contained in section 100A, a Taluk Land Board or any member
of a Taluk Land Board shall not take cognisance of, or try, any offence punish­
able under section 118A except in accordance with the provisions of this
section and the rules made thereunder."

14. Repeal and saving.—(1) The Kerala Land Reforms (Amendment) Ordinance, 1975 (20 of 1975), is hereby repealed.

           (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come in to force on the 11th day of December, 1975.