Amendment status not verified — confirm the current text below against the official source.
(1) Nothing in this Chapter shall apply to-- (i) leases of lands or of buildings or of both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority [or the Cochin Port Trust] or a corporation owned or controlled by the Government of Kerala or the Government, of any other State in India or the Government of India: [Provided that in the case of a sub-lease of Kandukrishi lands or a mortgage of such lands falling under section 4A, granted or created by a tenant holding such lands under the Government, the provisions of sections 13 to 26 shall, so long as the lease granted by the Government subsists, apply to the tenant or mortgagee holding under the sub-lease or mortgage, as the case may be, as they apply to a tenant holding land other than Government lands]. Explanation I:-- "lands belonging to or vested in the Government of Kerala" shall, for the purposes of this clause, have the same meaning as "Government lands" under sub-section (1) of section 2 of the Kerala Government Land Assignment Act, 1960, [but leases subsisting at the commencement of this Act of lands escheated to the Government shall not be deemed to be leases of lands belonging to or vested in the Government of Kerala if the lessees or their predecessors-in-interest were in possession of the lands at the time of escheat as tenants under leases whether current or time-expired.] [Explanation IA:-- Lands, the right, title and interest in respect of which have vested in the Government under sub-section (9) of section 66 or section 72, shall not be deemed to be lands belonging to or vested in the Government of Kerala for the purposes of this clause. Explanation IB:-- For the purposes of this clause, lands held under leases whether current or time-expired at the time when such lands came to belong to or vested in a local authority shall not be deemed to be lands belonging to or vested in a local authority if the lessee or his successor-in-interest was continuing in possession of such lands at the commencement of this Act]; Explanation II.-- For the purposes of this clause, "kandukrishy lands" means lands covered by the Kandukrishy Proclamation 1124, and includes kandukrishi pattam and kandukrishi thanathu lands, but shall not include lands assigned on registry under the Kandukrishy Land Assignment Rules, 1958; or (ii) leases only of buildings, including a house, shop or warehouse and the site thereof, with the land, if any, appurtenant thereto. Explanation:-- Permission given to a kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the purposes of this clause; or (iii) leases of land or of buildings or of both specifically granted for industrial or commercial purposes; or (iv) tenancies of land or of buildings or of not created by the Administrator-General or the Official Trustee or an Official Receiver or Officer appointed by a court under the provisions of any law, or by the court of wards, or by any person holding under or deriving title from any of the officers or the court aforesaid: [Provided that the provisions of this clause shall not apply to-- (a) a tenancy created in favour of a person who was a tenant under a lease whether current or time-expired on the date on which the land or building or both came under the control of any of the said officers or the court of wards; or (b) a tenancy renewed in favour of any such person; or (c) a tenancy created not less than thirty years before the commencement of the Kerala Land Reforms Amendment) Act, 1969 (whether subsequently renewed or not), by an officer appointed by a court under the provisions of any law, if such officer was, before the commencement of the legal proceedings in which he was so appointed, entitled to lease the land to which the tenancy relates: Provided further that the provisions of this clause shall not apply or shall cease to apply to-- (a) tenancy created by the court of wards, where the landlord on whose behalf the tenancy was created has not terminated or does not terminate the tenancy by registered notice within a period of six months from the date on which the property was released from superintendence of the court of wards; or (b) any tenancy created by an officer appointed by a court under the provisions of any law, where the person declared or found by the court to be entitled to possess the land or any person acting on his behalf has not instituted or does not institute legal proceedings to put him in possession of such land within a period of five years from the date on which such declaration or finding become final; or] (v) tenancies in respect of land or of buildings or of both created by mortgagees in possession or by persons deriving title from such mortgagees: [Provided that nothing in this clause shall apply to such tenancies-- (i) created before the commencement of this Act in Malabar; or (ii) created before the 3rd day of March, 1943, in any area to which the Cochin Verumpattamdars Act, VIII of 1118, extended; or (iii) created before the commencement of this Act, where the lessee is entitled to fixity of tenure under section 4A; or (iv) where the mortgagee or his successor-in-interest has acquired or acquires equity of redemption; or] (vi) tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both: [[Provided that this clause shall not apply to a tenancy created by any person who was governed by the Madras Aliyasanthana Act, 1949:] Provided further that the provisions of this Chapter other than sections 53 to 725 shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage or, as the case may be, the life interest or other limited interest subsists]. Explanation:-- For the purposes of clause (vi), a sthani or trustee or owner of any temple, mosque, church, or other place of public religious worship or of any other public religious or charitable institution or endowment shall not be deemed to be a person having only life interest or other limited interest in ownership; or (vii) leases of private forests: [Provided that nothing in clauses (i) to (vii) shall apply in the cases of persons who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force or persons claiming under such persons; or (viii) tenancies in respect of plantations exceeding thirty acres in extent: Provided that the provisions of this Chapter, other than sections 53 to [72S] shall apply to tenancies in respect of agricultural lands which are treated as plantations under sub-clause (c) of clause (44) of Section 2; or [(ix) x x x x] (x) tenancies in respect of sites, tanks and premises of any temple, mosque or church [(including sites belonging to a temple, mosque or church on which religious ceremonies are conducted)] and sites of office buildings and other buildings attached to such temple, mosque or church, created by the owner, trustee or manager of such temple, mosque or church: Provided that nothing in this clause shall affect the right to which a tenant was entitled immediately before the commencement of this Act under the contract of tenancy or under any law then in force; or (xi) lands transferred for felling trees; or (xii) any transaction relating only to usufruct of the trees or to the tapping of cocoanut or other palm trees or to the tapping of rubber trees. [x x x x] 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: "Provided that in the case of kandukrishi lands sub-leased by a tenant holding such lands under the Government, the provisions of Section 13 to 26 shall, so long as the lease granted by the Government subsists, apply to the tenants holding under the sub-lease as they apply to tenants holding lands other than Government lands." Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "but leases of lands escheated to the Government shall not be deemed to be leases of lands belonging to or vested in the Government if such leases subsisted at the time of the escheat and continued to be in force at the commencement of this Act" (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. Prior to the substitution it read as: "Provided that the provisions of this clause shall cease to apply to any tenancy created by the Court of wards, where the landlord on whose behalf the tenancy was created does not terminate the tenancy by registered notice within a period of six months from the date on which the property was released from the superintendence of the Court of wards; or" (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: "Provided that nothing in this clause shall apply to a cultivating tenant holding land in the taluk of Hosdrug or Kasaragod in the district of Cannanore, to which the Malabar Tenancy Act, 1929, did not extend, under a lease granted before the 15th day of February, 1961, by a usufructuary mortgagee as defined in the Transfer of Property Act, 1882; or" (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: "Provided that the provisions of Sections 13 to 26 relating to fixity of tenure shall apply to tenancies falling under Clauses (v) and (vi) so long as the mortgage, or, as the case may be, the life interest or other limited interest subsists: Provided further that the provisions of this Chapter, other than Sections 53 to 72, shall apply to a tenancy created by a nissanthathi kavaru as defined in the Madras Aliyasanthana Act, 1949, in respect of lands or of buildings or of both, over which the nissanthathi kavaru has only a life interest" (w.e.f. 01/01/1970). Substituted by Act 16 of 1989, published in K.G.Ext. No. 503 dt. 30/05/1989 (w.e.f. 30/05/1989). Prior to the substitution it read as: "Provided that the provisions of this clause shall not apply to a tenancy created by a nissanthathi kavaru as defined in the Madras Aliasanthana Act, 1949, in respect of lands or of buildings or of both over which the nissanthathi kavaru has only a life interest;". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "Provided that nothing in clauses (i) to (vii) shall affect the rights of persons who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force; or" (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "72" (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: "(ix) tenancies in respect of kayal padasekharams of Kuttanad area specified in Schedule IV, so long as such padasekharams are used for the cultivation of paddy or such other crops as the Government may, by notification in the Gazette, specify: Provided that the provisions of Sections 4 to 52, 73 and 74 shall apply to such tenancies; or" Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for the words "(including sites on which religious ceremonies are conducted)" (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: "(2) The Government may, if they are satisfied that it is necessary so to do in public interest, by notification in the Gazette, exempt any lease or leases of lands other than nilams, or of such lands and buildings, situate within the limits of a municipal corporation or municipality which was in existence at the commencement of this Act and belonging to, or vested in, the Travancore Devaswom Board or the Cochin Devaswom Board, from the operation of all or any of the provisions of this Chapter" (w.e.f. 01/01/1970).