THE KERALA LAND REFORMS (AMENDMENT) ACT, 1971
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-second Year of the Republic of India as follows:─
- Short title and commencement.─(1) This Act may be called the Kerala Land Reforms
(Amendment) Act, 1971.
(2) Clause (b) of section 2, sections 3, 4 and 8, clauses (a) and (b) of section 10,
section 12, clause (c) of section 13, section 14 to 18 (both inclusive) and sections 20 to 22
(both inclusive) shall be deemed to have come into force on the 1 st day of January, 1970
and the remaining provisions of this Act shall come into force at once.
- Amendment of section 2.─In section 2 of the Kerala Land Reforms Act, 1963 (1 of
1964) (hereinafter referred to as the principal Act),─
(a) in clause (25), after Explanation VI, the following Explanation shall be
“Explanation VII.─For the removal of doubts it is hereby declared that a
person occupying a homestead or hut situate on a land held or owned by the Government
of Kerala or the Government of any other State in India or the Government of India shall
not be deemed to be a kudikidappukaran;”;
(b) in the Explanation to clause (33B), for the portion beginning with the words
“but shall be deemed” and ending with the words “before such inclusion;”, the following
shall be substituted, namely:─
“but shall be deemed,─
(i) where such area was within the limits of a local authority immediately
before such inclusion, to continue within the limits of that local authority; and
(ii) where such area was not within the limits of a local authority immediately
before such inclusion, to be within the limits of a panchayat;”.
- Amendment of section 65.─In section 65 of the principal Act, in sub-section (1), after
the proviso, the following Explanation shall be inserted namely:─ “Explanation.─In this sub-section, the expression “institution of a public nature”
includes a public trust and a wakf.”
- Amendment of section 72F.─In section 72F of the principal Act,─
(a) in sub-section (1), for the words “in the Gazette and also in such other
manner”, the words “in such manner” shall be substituted;
(b) in sub-section (3) for the words, brackets and figure “in the Gazette under sub-
section (1),”. the words, brackets and figure “in the manner referred to in sub-section (1)”
shall be substituted;
(c) in sub-section (5),─
(i) in clause (h), the word “and” at the end shall be omitted;
(ii) after clause (h), the following clause shall be inserted, namely:─
“(hh) where the landowner or intermediary is a religious, charitable or
educational institution of a public nature and is entitled to annuity instead of
compensation, the amount of such annuity; and”.
- Amendment of section 72N.─In section 72N of the principal Act, after sub-section
(1), the following sub-sections shall be inserted, namely:─
“(1A). An application from a religious, charitable or educational institution of
a public nature for annuity pending or deemed to be pending on the date notified by the
Government under sub-section (1) of section 72 shall, on the date of publication of the
Kerala Land Reforms (Amendment) Act, 1971, in the Gazette, abate, and where any such
application has been made after the date of such publication, that application shall abate
on the date on which it is received by the Land Board.
(1B). For the removal of doubts it is hereby clarified that the annuity payable
to a religious, charitable or educational institution of a public nature whose application
abates under sub-section (1A) shall be determined by the Land Tribunal under section
72F and that section 66 will not apply for such determination.”.
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