Amendment status not verified — confirm the current text below against the official source.
Kanam tenant's liability to pay compensation in case of division of holding.-(1) Where a holdmg 1s divided after the appomted day and before the date of pubhcat1on of the Kanam Tenancy Abolition Ordmance, 1975, m the Gazette, the kanam tenant shall g1ve not1ce of such divisiOn to the Settlement Officer or such other officer empowered m tillS behalf by the Government by notificatiOn m the Gazette and the kanam tenant shall contmue hable for the payment of the compensa- tiOn due to the Government unless such notice has been g1ven and the necessary entnes fixmg the respechve hab1hbe<; have been made m the revenue records m accordance w1th such division. (2) Where a holding IS d1vJded after the date of publication of the Kanam Tenancy Abolition Ordmance. 1975, 81 m the Gazette, the kanam tenant shall contmue ltable for the payment of compensatiOn due to the Government unless such divisiOn JS effected w1th the permiSSIOn of the Settlement Officer or such other officer empowered m this behalf by the Government by notlficatwn m the Gazette and the necessary entnes, fixmg the respective habihtles have been made m the revenue records m accordance with the divisiOn (3) Nothmg contamed m sub-sectiOn (1) or sub-sectwn (2) shall preclude the Government from proceedmg agamst the entire holdmg and recovenng the amount due to the Govern- ment leavmg the parties to settle their claims agamst each other between themselves. 22 Compensation recoverable under the Revenue Recover~· Act.-Any amount due to the Government as arrears of compensatiOn or otherwise may be recovered under the provisions of the Revenue Recovery Act for the time bemg m force, as If they were arrears of public revenue due on land CHAPTER IV Miscellaneous 23 Settlement Officers.-The Government shall appomt as many Settlement Officers as may be necessary from among officers not below the rank of Tahs!ldar, for the purpose of exerc1smg the powers and performmg the functwns of a Settlement Officer under this Act. 24 Powers of Settlement Officer.-The Settlement Officer shall have all the powers of a Civil court while trymg a su1t under the Code of Civil Procedure, 1908, m respect of the followmg matters, namely - (a) summonmg and enforcmg the attendance of any person and exammmg h1m on oath, (b) requmng the discovery ~nd productiOn of any document, (c) rece1vmg evidence on affidavit, ""11--- (d) Issumg commiSSions for the exammatwn of witnesses or for local mveshgatwn , (e) requisitiOmng any public record or copy thereof from any court or office ; and (f) any other matter whtch may be prescnbed. ,\ \ 82 25 P1·otection of action taken under the Act.-No suit, prosecutwn or other legal proceedmgs shall lie agamst th(: Government or any officer for anythmg m good fa1th done or mtended to be done under th1s Act or the rules or order'> made thereunder ' 26 Bar of JUlisdiction of civil courts.-No c1vll court shall have Junsdictwn to settle, decide or deal w1th any questwn or to determine any matter wh1ch 1s by or under th1s Act required to be settled, decided or dealt w1th or to be determmed by the Settlement Officer or any other authonty 27 Rates of commutation.-Where the Jenm1kardm or any portwn of 1t consists of paddy or other commod1ty, 1t shall be commuted mto money value, and for the purpo<>es ot th1s Act the commutatwn rates for any commodity shall be the rates specified for that commod1ty m the notificatiOn 1~sued by the Government under sectiOn 49 of the Kanam Tenancy Act, 1!:155 and wh1ch IS m force 1mmed1ately before the appomted day. 28 Power to remove diflicuHies.-If any difficulty anses m g1vmg effect to the prov1swns of th1s Act, the Government may, as occaswn may reqUire, by order, do anythmg not mcons1stent w1th the prov1s10ns ot th1s Act, wh1ch appears to them to be necessary for the purpose of removmg the d1fficulty. 29 Power to make rules.-(1) The Government may, by nohficatwn m the Gazette, make rules for the purpose of carrymg mto effect the provisiOns of th1s Act. (2) In particular, and without preJUdice to the generality of the foregomg power, such rules may prov1de for- (a) all matters expressly required or allowed by tlus Act to be prescnbed, (b) the proportwn m which the amount payable under sub-sectiOn (1) of sechon 4 may be pa1d m cash or m bonds, (c) the extent and manner of mtenm payments under sectwn 6, (d) the manner m wh1ch rolls have to be prepared under sectwn 9 , (e) the hme w1thm wh1ch obJectwns and claims have to be filed under sub-sectwn (3) of sectwn 10, ~ \~ ' 83 (f) the fees to be pa1d m respect of apphcatwns and appeals under this Act. (3) Every rule made under this Act and every order Issued under sectwn 28 shall be la1d as soon as may be after It Is made or Issued before the Legislative Assembly while It IS m sessiOn for a total penod of fourteen days which may be compnsed m one sess10n or m two successive sessions, and 1f before the expiry of the sessiOn m which It 1s so la1d or the session Immediately followmg, the Legislative Assembly makes any modihcatwn m the rule or order or decides that the rule or order should not be made or Issued, the rule or order shall thereafter have effect only m such modified form or be of no effect, as the case may be , so however that any such modifica- tion 01 annulment shall be Without preJUdice to the vahd1ty of anythmg prevwusly done under that rule or order 30 Amendments to Act 1 of 1964.-In the Kerala Land Reforms Act, 1963 (1 of 1964),- (a) m sectwn 2,- (I) m clause (22), the proviso shall be omitted ; (n) m clause (40), sub-clause (c) shall be omitted; (b) m sectwn 30A, after the words, figures and letters ''the 1st day of May, 1966'', the words and figures "and before the commencement of the Kanam Tenancy Abohtwn Act, 1976" shall be mserted , (c) m sectwn 72R, m sub-sectiOn (1), before the words "and the J...anam tenant shall have no habilLty to pay such 1enm1karam , the words and figures ''until the commencement of the Kanam Tenancy Abohtwn Act, 1976'', shall be mc;erted, (d) m sect1on 112, sub-sectlon (6) shall be omitted, (e) m c;ectwn 11-!, sub-sectiOn (3) c;hall be omitted 31 Repeal and saving.-(1) The Kanam Tenancy Act, 1 9!15 (XXIV of 1955) and the Kanam Tenancy Abolition Urdmance, 1975 (21 of 1975), are hereby repealed (2) Notwithstandmg the repeal of the Kanam Tenancy Abohtwn Ordmance, Hl75 (21 of 1975), by sub-sectwn (1), anythmg done or any actwn taken under that Ordmance shall be deemed to have been done or taken under this Act.