Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in section 17 or section 18, a small holder (other than a sthanee or the trustee or owner of a place of public religious worship) may resume from his tenant, who is in possession of land exceeding the ceiling area, the whole or a portion of the holding, subject to the condition that by such resumption the total extent of land in the possession of the cultivating tenant is not reduced below the ceiling area and the total extent of land in the possession of the small holder is not raised above five acres: Provided that no small holder shall be entitled to resume under this section any land in the possession of a tenant who is a member of a Scheduled Caste or a Scheduled Tribe. Explanation I:-- In this section, reference to the ceiling area in relation to the tenant shall, where such tenant is a member of a family, be construed as reference to the ceiling area in relation to that family. Explanation II:-- For the purposes of this section and section 18,-- (a) "Scheduled Castes" means the Scheduled Castes in relation to the State as specified in the Constitution (Scheduled Castes) Order, 1950: (b) "Scheduled Tribes" means the Scheduled Tribes in relation to the State as specified in the Constitution (Scheduled Tribes) Order, 1950; (2) An application under sub-section (1) shall be made within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969. (3) Where more small holders than one apply for resumption of land from the same tenant and the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the small holders, the Land Tribunal shall allow resumption by all the small holders equitably having regard to all circumstances]. Inserted by Act 35 of 1969.