Section 2

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless the context otherwise requires,-- [(1)"adult unmarried person" means an unmarried person who has attained eighteen years of age;] [1A)] "agricultural labourer" means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs; (2) "agricultural year" means the year commencing with the 1st April in any year and ending with the 31st March of the year next succeeding, except in the case of kole nilams in which case it shall be the year commencing with the 15th June in any year and ending with the 14th June of the year next succeeding: Provided that the District Collector may, with respect to any crop, area or category of land within his district, by notification in the Gazette. specify the year between such other dates as he may deem fit as an agricultural year; [(2A) "appellate authority" means an appellate authority constituted under section 99A]; (3) "ceiling area" means the extent of land specified in section 82 as the ceiling area; (4) "Cochin" means the area comprising. (i) the portion of the State of Kerala which before the first day of July, 1949, formed the State of Cochin, excluding the enclaves absorbed in the Malabar district under the Provinces and States (Absorption of Enclaves) Order, 1950; and (ii) the enclaves which formed part of the Malabar district absorbed in the State of Travancore-Cochin under the said Order; (5) "commercial site" means any land [(not being a kudiyiruppu or kudikidappu or karaima)] which is used principally for the purposes of any trade, commerce, industry manufacture or business; (6) "court" means, where a particular court is not specifically mentioned, the court having jurisdiction under the Code of Civil Procedure, 1908, to entertain a suit for the possession of the holding of part thereof to which any legal proceeding under this Act relates; (7) "cultivate" with its grammatical variations means cultivate either solely by one's own labour or with the help of the members of his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both provided that such members or hired labourers have not agreed to pay or to take any fixed proportion of the produce of the land they cultivate as compensation for being allowed to cultivate it or as remuneration for cultivating it [and in the case of a member of the Armed Forces or a seaman "cultivation" includes cultivation on his behalf by any other person.] Explanation:-- For the purposes of this clause, "members of family" shall mean,-- (i) in the case of lands held by a joint family, members of such family, and (ii) in any other case, wife or husband, as the case may be, and the lineal descendants; (8) "cultivating tenant" means a tenant who is in actual possession of, and is entitled to cultivate, the land comprised in his holding; (9) "customary dues" means anything, other than rent, michavaram or renewal fees-- [(i) payable in cash or in kind by a tenant to his landlord; or] (ii) allowed to be taken by the landlord from the holding, periodically or on the happening of any event or on the occasion of any festival, and includes onakazhcha, utsavakoppu, perunnalkazcha and aradiantharam; (10) "double-crop nilam" means nilam on which more than one crop of paddy is ordinarily raised in an agricultural year; (11) "dry land" means land which is not nilam, garden, palliyal land or plantation; (12) "eviction" means the recovery of possession of land from a tenant or the recovery of kudikidappu from the occupation of the kudikidappukaran; (13) "fair rent" means the rent payable by a cultivating tenant under section 27 or section 33; (14) "family" means husband, wife and their unmarried minor children or such of them as exist; (15) "garden" means land used principally for growing coconut trees, arecanut trees or pepper vines, or any two or more of the same; (16) "gross produce" in the case of a nilam, means the normal produce of that nilam less the cost of harvesting and, in the case of a garden or dry land, means the normal produce of that garden or dry lands; [x x x x] [(17) "holding" means a parcel or parcels of land held under a single transaction by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate holding. Explanation I.-- Where by act of parties or by operation of law, the interest of the tenant in his holding has been severed before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, splitting up the holding into two or more parts, or where a portion of the holding has been sub-leased, before the commencement of this Act, each such part or, as the case may be, each of the portions retained by the tenant and sub-leased, shall be deemed to be a separate holding. Explanation II.-- Any land in respect of which a person is deemed to be a tenant under section 4, section 4A, section 5, section 6, section 6A, section 6B, section 7, section 7A, section 7B, section 7C, section 7D, section 8, section 9 or section 10 or, presumed to be a tenant under section 11 shall be a holding for the purposes of this Act; (18) the term "improvement" means any work or product of a work which adds to the value of the holding, and includes (a) the erection of dwelling houses, buildings appurtenant thereto and farm buildings; (b) the construction of tanks, wells, channels, dams and other works for the storage or supply of water for agricultural or domestic purposes; (c) the preparation of land for irrigation; (d) the conversion of single crop into double-crop land; (e) the drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or of wasteland which is culturable; (f) the reclamation, clearance, enclosure, or permanent improvement of land for agricultural purposes; (g) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto; and (h) the planting or protection and maintenance of fruit trees, timber trees and other useful trees and plants; (19) "intermediary" means any person who, not being a landowner, has an interest in the land and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to any other person. Explanation:-- Where such a person has transferred possession only of a portion of the land which he is so entitled to possess, he shall be deemed to be an intermediary in respect of that portion;] (20) "joint family" means a Hindu undivided family, a Marumakkathayam tarwad or tavazhi, an Aliasanthana Kudumba or Kavaru or a Nambudiri Illam; [(21) "kaipad system of cultivation" means the system of cultivation, by whatever name called, under which paddy is cultivated on land which is saline either throughout the year or during any part of the year, by raising small mounds of earth and sowing seeds or planting seedlings thereon, whether the mounds are demolished after such sowing or planting or not; (22) "kanam" means,-- (a) the transfer for consideration, in money or in kind or in both, by a person of an interest in specific immovable property to another person, and described in the document evidencing the transaction as kanam or kanappattam, the incidents of which transfer include-- (i) a right in the transferee to hold the said property liable for the consideration paid by him or due to him; (ii) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties; and (iii) payment of michavaram or customary dues, or renewal on the expiry of any specified period; or (b) the transfer for consideration in money or in kind or in both by a person of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing the transaction as otti, karipanayam, panayam, pattapanayam, nerpanayam or by any other name and which has the incidents specified in sub-clauses (a) (i) and (a) (ii) and also one or more of the following incidents-- (A) renewal on the expiry of any specified period; (B) payment of michavaram; (C) payment of customery dues; [x x x x] Explanation:-- For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there has been a provision for such renewal in the document:] (23) ["Kanam-Kuzhikanam" means a transfer by a landlord to another person of garden lands or of other lands or of both-- (i) with all or any of the trees, if any, standing thereon at the time of the transfer; or (ii) without such trees, for the purpose of planting trees or pepper vines or both there on and for the enjoyment of the trees transferred, if any, the incidents of which transfer include]: (a) a right in the transferee to hold the said lands liable for the consideration paid by him or due to him, which consideration is called 'Kanartham'; and (b) the liability of the transferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties; [x x x x] [(23A) "Karaima" means a transfer of lands situate in the Kozhikode district or in the Malappuram district, in consideration of ground rent, principally for the purpose of erecting a homestead, and described in the document, if any, evidencing the transfer, as Karaima or Panayapattom, Panayachit, or by whatever name called which possesses the characteristics of Karaima: Explanation:-- For the purposes of this clause, so much of the land appurtenant to the land under the Karaima belonging to the landlord or any person claiming through him and in the possession and beneficial enjoyment of the Karaima holder or his legal representative or any other person claiming through him as on the 1st day of January, 1970 shall, subject to a maximum of three cents in Municipal Corporation area, five cents in Municipal Council area, and ten cents in Panchayat area, inclusive of the land under Karaima, be deemed to be Karaima: Provided that where the extent of the land appurtenant in the possession and beneficial enjoyment is in excess of the extent specified above as on the 1st day of January, 1970, such land shall also be deemed to be Karaima;] [(23B) "Karinilam" means (a) lands generally known as karinilam and situate in the district of Kottayam, Alleppey or Ernakulam; and (b) lands, by whatever name known,-- (i) reclaimed from swampy areas called "kari" with black and loose peaty soil, the sub-soil of which consists of partially decomposed organic matter; and (ii) in which paddy is cultivated, and situate in any part of the State;] (24) "kole nilam" means land in the bed of any kayal, or lake or any waterlogged land in areas adjoining or lying within the vicinity of any kayal, lake or river, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by mechanical or other means, and includes (i) kole or punjakole nilam in the districts of Palghat and Trichur; and (ii) water-logged land in the taluks of Hosdurg and Kasargod commonly known as "Avi" land, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by bailing; [(25) "kudikidappukaran" means a person who has neither a homestead nor any land exceeding in extent three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead and (a) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (b) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land; and "kudikidappu" means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto: [x x x x] Explanation I.-- In calculating the total extent of the land of a kudikidappukaran for the purposes of this clause, three cents in a city or major municipality, shall be deemed to be equivalent to five cents in any other municipality, and three cents in a city or major municipality or five cents in any other municipality shall be deemed to be equivalent to ten cents in a panchayat area or township. Explanation II.-- For the purposes of this clause. (a) "hut" means any dwelling house constructed by a person other than the person permitted to occupy it-- (i) at a cost, at the time of construction, not exceeding seven hundred and fifty rupees; or (ii) which could have at the time of construction, yielded a monthly rent not exceeding five rupees, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with the provisions of section79; and (b) "homestead" means, unless the context otherwise requires, any dwelling house erected by the person permitted to have the use and occupation of any land for the purpose of such erection, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with the provisions of section 79. [Explanation IIA.-- Notwithstanding any judgement, decree or order of any court, a person, who, on the 16th day of August, 1968, was in occupation of any land and the dwelling house thereon (whether constructed by him or by any of his predecessors-in-interest or belonging to any other person) and continued to be in such occupation till the 1st day of January, 1970, shall be deemed to be a kudikidappukaran: Provided that no such person shall be deemed to be a kudikidappukaran-- (a) in cases where the dwelling house has not been constructed by such person or by any of his predecessors-in-interest, if-- (i) such dwelling house was constructed at a cost, at the time of construction, exceeding seven hundred and fifty rupees: or (ii) such dwelling house could have, at the time of construction, yielded a monthly rent exceeding five rupees; or (b) if he has a building or is in possession of any land exceeding in extent three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township, either as owner or as tenant, on which he could erect a building]; Explanation III.-- Where any kudikidappukaran secures any mortgage with possession of the land in which the kudikidappu is situate, his kudikidappu right shall revive on the redemption of the mortgage, provided that he has at the time of redemption no other homestead or any land exceeding three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead. Explanation IV.-- Where a mortgagee with possession erects for his residence a homestead, or resides in a hut already in existence, on the land to which the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be deemed to be a kudikidappukaran in respect of such homestead or hut, provided that at the time of the redemption-- (a) he has no other kudikidappu or residential building belonging to him, or any land exceeding three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed two thousand rupees. Explanation V.-- Where a kudikidappukaran transfers his right in the kudikidappu to another person, such person shall be deemed to be a kudikidappukaran, if-- (a) he has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead; and (b) his annual income does not exceed two thousand rupees, Explanation VI.-- For the purposes of this clause, a person occupying any hut belonging to the owner of a plantation and situate in the plantation shall not be deemed to be a kudikidappukaran if such person was permitted to occupy that hut in connection with his employment in the plantation, unless (a) he was, immediately before the commencement of this Act, entitled to the rights of a kudikidappukaran or the holder of a protected ulkudi or kudikidappu under any law then in force; or (b) he would have been entitled to the rights of a kudikidappukaran if the area in which that hut is situate had not been converted into a plantation subsequent to his occupation of that hut. [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]; (26) "kudiyiruppu" means a holding or part of a holding consisting of the site of any residential building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include a kudikidappu; (27) "Kuttanad area" means the area covered by the villages specified in Schedule I; [(27A) "Kuzhichuvaippum kudiyiruppum" means a transfer by a landlord to another person of garden lands or of other lands or of both situate in Malabar, reserving the right to enjoy the fruit-bearing trees standing thereon at the time of the transfer, for the purpose of making improvements thereon, and described as such in the contract of tenancy;] [(28) "Kuzhikanam" means a transfer by a landlord to another person of garden lands or of other lands or of both with all or any of the trees, if any, standing thereon at the time of the transfer or without such trees, for the purpose of planting trees or pepper vines or both thereon, and for the enjoyment of the trees transferred, if any;] (29) "landlord" means a person under whom a tenant holds [x x x x] and includes a landowner; (30) "landowner" means the owner of the land comprised in a holding and includes-- (i) a landholder holding Sree Pandaravaka lands on pattam, otti, jenmam, kudijenmam, danam or any other tenure; and (ii) a landholder holding Sreepadam lands on Sreepadam-pattam or other favourable tenure; (31) "land Board" means the land Board constituted under section 100; (32) "land Tribunal" means a land Tribunal constituted under section 99; (33) "licensee" means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreement, cultivates that nilam with paddy for a remuneration and with the risk of cultivation, but does not include a person who cultivates the nilam of another merely as an agent or servant: [(33A) "local authority" means a municipal corporation or a municipal council or a township committee or a panchayat or a cantonment board; (33B) "major municipality" means any of the municipalities of Cannanore, Tellichery, Trichur, Palghat, Alleppey, Quilon and Kottayam and includes-- (a) any of the municipalities of Ernakulam, Fort Cochin and Mattancherry as they existed immediately before the constitution of the Corporation of Cochin; (b) the municipality of Calicut as it existed immediately before the constitution of the Corporation of Calicut; (c) the Cannanore cantonment. Explanation.-- Where any area has been included in a city or a municipality after the 1st day of April, 1960, such area shall not be deemed, except for the purposes of section 76, to be an area within the limits of a city or municipality, as the case may be, [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;] (34) "Malabar" means the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956; (35) "member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India; [(36) "michavaram" means the money or produce or both specified as michavaram in the document evidencing the transfer by a person of an interest in specific immovable property to another person, and includes the balance of money or produce or both payable periodically under the document evidencing such transfer after deducting from the money or produce or both due to the transferor, the interest due on the amount advanced to the transferor, but does not include customary dues; (36A) "minor" means a person who has attained the age of eighteen years]; (37) "net income" means income derived from any property after deducting there from the cultivation expenses or charges for maintaining fruit trees, timber trees or other useful trees and plants, and taxes and cesses due to the Government or any local authority; (38) "nilam" means land adapted for the cultivation of paddy; [(38A) "normal produce" in respect of any land means the produce which would be raised on that land if the rainfall and the season were of a normal character: Provided that the normal produce in respect of any nilam irrigated with water for the first time after the commencement of the tenancy in respect of that nilam from an irrigation work constructed, repaired or maintained wholly at the cost of the Government or a local authority or a co-operative society or by the tenant shall be determined as if the nilam had not been so irrigated: Provided further that in determining the normal produce in the case of any double-crop nilam, account shall be taken as though only a single paddy crop which shall be the principal crop has been raised on the land if it had been converted from single-crop into double-crop nilam at the tenant's expense and as though two paddy crops have been raised on the land in other cases. Explanation:-- In ascertaining the normal produce in areas where the Malabar Tenancy Act, 1929, or the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, was applicable the yield of the second crop shall be deemed to be half of that of the principal crop which shall be deemed to be the first crop;] (39) "odacharthu" means an agreement for cutting bamboos in Malabar; [(39A) "ottikuzhikanam" means a transfer for consideration by a person to another of any land other than nilam for the enjoyment of that land and for the purpose of making improvements thereon, but shall not include a mortgage within the meaning of the Transfer of Property Act, 1882]; (40) "owner" means a person entitled to the absolute proprietorship of land and includes (a) a trustee in respect thereof; (b) a pattadar of ryotwari land; [x x x x]; (41) "palliyal land" means land which is used ordinarily for raising seedlings of paddy and includes land so used and known as pallimanayal, myal, potta, njal, njattadi or banabettu; (42) "pay" with its grammatical variations includes deliver; (43) "person" shall include a company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property; (44) "plantation" means any land used by a person principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter in this clause referred to as 'plantation crops') and includes.-- (a) land used by the said person for any purpose ancillary to the cultivation of plantation crops or for the preparation of the same for the market; [(b) x x x x] (c) agricultural lands interspersed within the boundaries of the area cultivated by the said person with plantation crops, not exceeding such extent as may be determined by the Land Board [or the Taluk land Board] as necessary for the protection and efficient management of such cultivation. Explanation:-- Lands used for the construction of office buildings, godowns, factories quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a); [(45) "possession" in relation to land includes occupation of land by a person deemed to be a tenant under section 4, section 4A. section 5, section 6, section 6A, section 6B, section 7, section 7A, section 78, section 7C, section 7D, section 8, section 9 or section 10, or presumed to be a tenant under section 11]; (46) "prescribed" means prescribed by rules made under this Act; (47) ["private forest" means a forest which is not owned by the Government, but does not include--] (i) areas which are waste and are not enclaves within wooded areas; (ii) areas which are gardens or nilams; (iii) areas which are planted with tea, coffee, cocoa, rubber, cardamom or cinnamon; and (iv) other areas which are cultivated with pepper, arecanut, coconut, cashew or other fruit-bearing trees or are cultivated with any other agricultural crop; (48) (i) "punam or kumari cultivation" means fugitive or intermittent cultivation of paddy on drylands in Malabar; (ii) "punam or kumari cultivator" means a person who has raised crops by punam or kumari cultivation in any year between 1953 and 1959 and, where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period; (49) "rent" means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person so permitting, and includes michavaram, but does not include customary dues; (50) "resumption" means the recovery of possession of land from a tenant; (51) "seaman" means every person (including a master, pilot or apprentice) employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies; (52) "small holder" means a landlord who does not have interest in land exceeding eight standard acres or [ten acres] in extent, whichever is less, as owner, intermediary, or cultivating tenant, or in two or more of the above capacities, so however that the extent of non-resumable land in his possession as owner, or as cultivating tenant, or partly as owner and partly as cultivating tenant, does not exceed- (i) [two and a half standard acres]; or (ii) four acres in extent, whichever is greater. Explanation:-- For the purposes of this clause, a person who was in possession of, or had interest in land exceeding the limits specified in this clause immediately before the 18th December, 1957, but such extent of land was reduced to the said limits or below by partition or transfer effected after the date mentioned above, shall not be deemed to be a small holder nor shall such partition or transfer entitle the allottee or transferee to exercise the rights of a small holder in respect of the land allotted or transferred to him; (53) "Sreepadam lands" means the lands registered in the revenue records as "sreepadam vaka" and known as sreepadam lands, but does not include sreepadam thanathu lands; (54) "Sree Pandaravaka lands" means the lands owned by the Sree Padmanabhaswamy; (55) "standard acre" means in relation to any class of land specified in Schedule II situate in the district or taluk mentioned therein, the extent of land specified against it in that Schedule; (56) "State" means the State of Kerala; [(56A) "Taluk land Board" means a Taluk land Board constituted under section 100A;] (57) ["tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed to possess and enjoy any land by a person entitled to lease that land, and includes]-- [a) the heir, assignee or legal representative of, or any person deriving rights through, any such person who has paid or has agreed to pay rent or other consideration;] [(aa) an intermediary], (b) a kanamdar, (c) a kanam-kuzhikanamdar, (d) a kuzhikanamdar, [(dd) an ottikuzikanamdar], (e) mulgenidar, (f) a verumpattamdar of any description (including a customary verumpattamdar), (g) the holder of a chalgeni lease, (h) the holder of a kudiyiruppu, [(hh) a person holding lands under a kuzhichuvapum kudiyiruppum (hhh) the holder of a karaima], (i) the holder of a vaidageni lease, and [(j) a person who is deemed to be a tenant under section 4. section 4A. section 5, section 6, section 6A, section 6B, section 7, section 7A, section 7B, section 7C, section 7D, [section 7E] section 8, section 9 or section 10, or presumed to be a tenant under section 11]. Explanation:-- For the purposes of this clause. (i) "holder of a chalgeni lease" means a lessee or sub lessee of specific immovable property situate in the taluk of Hosdurg or Kasaragod in the district of Cannanore, who has contracted either expressly or impliedly to hold the same under a lease, whether for a specified period or not; (ii) "mulgeni" means a tenancy in perpetuity at a fixed invariable, rent created in favour of a person called mulgenidar; (iii) "vaidageni lease" means a lease for a term of years; (58) "timber trees" means trees, the yield or income from which has not to be taken into account for the determination of fair rent; (59) "to hold land" means to be in possession of land as owner or as tenant or partly as owner and partly as tenant; [or, in respect of any land owned by the Government, to be in occupation either as lessee or otherwise]; (60) "varam" means an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertakes cultivation under such arrangement, and includes the arrangements known as pathivaram, pankuvaram and pankupattam; and "varamdar" means the person who undertakes cultivation under a varam arrangement; (61) "vechupakuthy" means a transaction whereunder a landowner permits another person to be in joint possession with him of any land with the following stipulations, (i) the vechupakuthidar shall improve the land within a specified period; (ii) at the end of the period so specified-- (a) the land shall be partitioned between the land owner and the vechupakuthidar in a specified proportion; [and] (b) upon such partition all the rights of either party over the portion of the land set apart for the other shall stand transferred to and vest in the other [x x x x] [(iii) x x x x] (62) (i) "verumpattamdar" means a lessee or sub-lessee of immovable property, whether called verumpattamdar, or venpattamdar, who has expressly or impliedly contracted to, hold the same under a lease with or without security for rent, and includes a tharikuthukaran in the Palghat district, but does not include a Kanamdar, kanam-Kuzhikanamdar, or Kuzhikanamdar; (ii) "customary verumpattamdar" means any verumpattamdar of immovable property situate in any area to which the Malabar Tenancy Act, 1929, extended, who, before the commencement of the Malabar Tenancy (Amendment) Act, 1951, was entitled by the custom of the locality in which the land was situated, to possession of the said land for a definite period of years, and for whose continuance thereon, after the termination of that period, for a further period, a renewal fee had to be paid to the landlord as an incident of the tenure; [(62A) "village officer" means the person appointed as a village officer in respect of a village and includes an additional village officer, village assistant and an additional village assistant]; [(63) "wakf" means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim Law or any other Law in force as pious, religious, or charitable. and includes a wakf by user, but does not include a wakf such as is described in section 3 of the Musalman Wakf Validating Act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any member of his family or descendants]. Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Renumbered by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "(not being a kudiyiruppu or a kudikidappu)" (w.e.f. 01/01/1970). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Inserted by Act 35 of 1969. Omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the omission it read as: "Provided that in determining the gross produce in the case of any double crop nilam, account shall be taken as though only a single paddy crop, which shall be the principal crop, has been raised on the land if it had been converted from single crop into double crop nilam at the tenant's expense, and as though two paddy crops have been raised on the land in other cases. Explanation.-- For the purposes of this clause, "normal produce" in respect of any land means the produce which would be raised if the rainfall and the seasons were of a normal character;" (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(17) "holding" means a parcel or parcels of land held under a single demise by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed, or are bound under Section 48 or otherwise, to treat as a separate holding; (18) the term "improvement" shall have the meaning assigned to it under the Kerala Compensation for Tenants Improvements Act, 1958; (19) "intermediary" means any person who, not being a landowner or mortgagee, has an interest in the land and is entitled, by reason of such interest, to possession thereof, but has transferred such possession to any other person otherwise than by way of mortgage;" Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(21) "kaipad system of cultivation" means the system of cultivation, by whatever name called, under which paddy is cultivated on saline land by raising small mounds of earth and planting seedlings thereon; (22) "kanam" means the transfer for consideration, in money or in kind or in both, by a landlord of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing the transaction as kanam or kanapattam, the incidents of which transfer include-- (a) a right in the transferee to hold the said property liable for the consideration paid by him or due to him; (b) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties; and (c) payment of michavaram or customary dues, or renewal on the expiry of any specified period, and, in areas in the State other than Malabar, includes such transfer of interest in specific immovable property which is described in the document evidencing the transaction as otti, karipanayam, panayam, nerpanayam or by any other name and which has the incidents specified in sub-clauses (a) and (b) above and also the following incidents:-- (i) renewal on the expiry of any specified period; and (ii) payment of customary dues: Provided that kanapattam or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy Act, 1955, shall not be deemed to be a kanam. Explanation.-- For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document;". Omitted by Act 16 of 1976, published in K.G.Ext. No. 193 dt. 25/03/1976 (w.e.f. 01/01/1970). Prior to the omission it read as: "Provided that kanam or any other demise governed by the Kanam Tenancy Act, 1955, shall not be deemed to be a kanam for the purposes of this clause." Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(23) "kanam-kuzhikanam" means and includes a transfer by a landlord to another person of garden lands or of other lands or of both, with the fruit bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, the incidents of which transfer include--" (w.e.f. 01/01/1970). Omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the omission it read as: "Provided that a usufructuary mortgage as defined in the Transfer of Property Act, 1882 (Central Act 4 of 1882), shall not be deemed to be a kanam-kuzhikanam;" (w.e.f. 01/01/1970). Substituted by Act 21 of 1999, published in K.G.Ext. No. 1191 dt. 18/06/1999 (w.e.f. 01/01/1970). Prior to the substitution it read as: "(23A) 'Karaima' means a transfer of lands situate in the Kozhikode District or in the Ponnani Taluk of the Malappuram District, in consideration of ground rent, principally for the purpose of erecting a homestead, and described as karaima in the documents, if any, evidencing the transfer; Explanation.-- For the purpose of this clause, so much of the land appurtenant to the land under the Karaima belonging to the landlord or any person claiming through him and in the possession and beneficial enjoyment of the Karaima holder or his legal representative or any other person claiming through him as on the 24th day of January, 1989 shall, subject to a maximum of three cents in Corporation area, five cents in Municipal area and ten cents in Panchayat area, inclusive of the land under the Karaima, be deemed to be Karaima: Provided that were the extent of the land appurtenant in the possession and beneficial enjoyment is in excess of the extent specified above as on the 24th day of January, 1989, such land shall also be deemed to be Karaima;". Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(25) "kudikidappukaran" means a person who has neither a homestead nor any land, either as owner or as tenant in possession, on which he could erect a homestead and (i) who has been permitted with or without an obligation to pay rent by a person in lawful possession of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (ii) who has been permitted by a person in lawful possession of any land to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land, but otherwise has no interest in the land; and "kudikidappu" means the land and the homestead or the hut so permitted to be erected or occupied together with the easements attached thereto; Provided that a person shall not be deemed to be a kudikidappukaran if the aforesaid permission was granted after the 11th day of April, 1957, by a mortgagee in possession or by a tenant from whom the land in which the kudikidappu is situate is liable to be resumed: Provided further that a person shall not be deemed to be a kudikidappukaran if the aforesaid permission was granted in respect of any hut not belonging to him and situate-- (a) in a plantation; or (b) in any area of land which is appurtenant to a mill, factory or workshop, and in connection with the employment of such person in the plantation, mill, factory or workshop, unless he was, immediately before the commencement of this Act, entitled to the rights of a kudikidappukaran or the holder of a protected ulkudi or kudikidappu under any law then in force. Explanation I.-- For the purposes of this clause, 'hut' means any dwelling house which was constructed at a cost not exceeding four hundred rupees, or could have, at the time of construction, yielded a monthly rent not exceeding four rupees. Explanation II.-- Any person who was in occupation of a kudikidappu on the 11th day of April, 1957, and who continued to be in such occupation at the commencement of this Act, shall be deemed to be in occupation of such kudikidappu with permission as required under this clause. Explanation III.-- Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu right shall revive on the redemption of the mortgage, provided that he has at the time of the redemption neither a homestead nor any land, either as owner or as tenant in possession, on which he could erect a homestead;". Omitted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 01/01/1970). Prior to the omission it read as: "Provided that a person who, on the 16th August, 1968, was in occupation of any land and the homestead thereon, or in occupation of a hut belonging to any other person, and who continued to be in such occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, shall be deemed to be in occupation of such land and homestead, or hut, as the case may be, with permission as required under this clause." Inserted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 01/01/1970). Inserted by Act 25 of 1971, published in K.G.Ext. No. 354 dt. 11/08/1971 (w.e.f. 11/08/1971). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(28) "kuzhikanam" means and includes a transfer by a landlord to another person of garden lands or of other lands or of both, with the fruit-bearing trees, if any, standing thereon at the time of the transfer, for the enjoyment of those trees and for the purpose of planting such fruit-bearing trees thereon, but shall not include a usufructuary mortgage as defined in the Transfer of Property Act, 1882;" The words "and to whom he is liable to pay rent" omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Substituted by Act 25 of 1971, published in K.G.Ext. No. 354 dt. 11/08/1971, for "but shall be deemed to continue within the limits of the same local authority which was in existence immediately before such inclusion;" (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(36) "michavaram" means whatever is agreed by a kanamdar to be paid periodically as residual rent, in money or in kind or in both to, or on behalf of, the landlord, but does not include customary dues;". Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Omitted by Act 16 of 1976, published in K.G.Ext. No. 193 dt. 25/03/1976 (w.e.f. 01/01/1970). Prior to the omission it read as: "(c) a kanam tenant as defined in the Kanam Tenancy Act, 1955, but does not include a jenmi as defined in that Act;". Omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the omission it read as: "(b) land contiguous to, or in the vicinity of, or within the boundaries of, the area cultivated with plantation crops, not exceeding twenty per cent of the area so cultivated and reserved by the said person and fit for the expansion of such cultivation;". Inserted by Act 27 of 1979, published in K.G.Ext. No. 787 dt. 03/11/1979 (w.e.f. 07/07/1979). Substituted Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(45) "possession" in relation to land includes occupation of land by a person deemed to be a tenant under Section 4, Section 5, Section 6, Section 7, Section 8, Section 9 or Section 10;" (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: ""Private forests" means forests to which the Madras Preservation of Private Forests Act, 1949 (Act XXVII of 1949), applies, excluding--" (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "twenty-four acres". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "four standard acres". Inserted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(57) "tenant" means any person who has paid or has agreed to pay rent or other consideration, for his being allowed by another to possess and to enjoy the land of the latter, and includes--". Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Relettered by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(j) a person who is deemed to be a tenant under Section 4, Section 5, Section 6, Section 7, Section 8, Section 9 or Section 10" (w.e.f. 01/01/1970). Inserted by Act 21 of 2006, published in K.G.Ext. No. 1652 dt.18/10/2006 (w.e.f. 18/10/2006). Inserted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). The word "and" omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Omitted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the omission it read as: "(iii) during the period between the date of the transaction aforesaid and the partition of the land the vechupakuthidar shall pay to the landowner such rent as may be specified;" (w.e.f. 01/01/1970). Inserted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972). Inserted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970).