Amendment status not verified — confirm the current text below against the official source.
(1) [where a person owns or holds land in excess of the ceiling area on the date notified under section 83, such excess land shall be surrendered as hereinafter provided:] Provided that where any person bona fide believes that the ownership or possession of any land owned or [held by such person or, where such person is a member of a family, by the members of such family, is liable to be purchased by the cultivating tenant or kudikidappukaran] or to be resumed by the landowner or the intermediary under the provisions of this Act, the extent of the land so liable to be purchased or to be resumed shall not be taken into account in calculating the extent the land to be surrendered under this sub-section. Explanation.-- Where any land owned or held by a family or adult unmarried person owning or holding land in excess of the ceiling area was transferred by such family or any member thereof or by such adult unmarried person, as the case may be, after the 18th December, 1957, and on or before the date of Publication of the Kerala Land Reforms Bill, 1963, in the Gazette, otherwise than-- (i) by way of partition; or (ii) on account of natural love and affection; or (iii) in favour of a person who was a tenant of the holding before the 18th December, 1957, and continued to be so till the date of transfer; or (iv) in favour of a religious, charitable or educational institution of a public nature solely for the purposes of the institution, the extent of land owned or held by such family or adult unmarried person shall be calculated for purposes of fixing the extent of land to be surrendered under this section as if such transfer had not taken place, and such family or adult unmarried person shall be bound to surrender an extent of land which would be in excess of the ceiling area on such calculation, or where such family or person does not own or hold such extent land, the entire land owned or held by the family or person; [but nothing in this Explanation-- (a) shall affect the rights of the transferee the transfer; or (b) shall apply in the case of any transfer of land by a family or any member thereof or an adult unmarried person the extent of land owned or held by such family or unmarried person, as the case may be, immediately before transfer was not in excess of the ceiling area specified. Kerala Agrarian Relations Act, 1960, and applicable to such family or adult unmarried person]. [(2) Where a person owns or holds land in excess of the ceiling area, such person shall, within a period of three months from the date notified under section 83, file a statement before the Land Board intimating the location extent and such other particulars as may be prescribed, of all the lands (including lands exempted under section 81) owned or held by such person and indicating the lands proposed to be surrendered.] Explanation I.-- Where lands owned or held by a family stand in the name of more than one member of the family, the identity of the land, the ownership or possession or both of which is or are to be surrendered, shall be indicated as far as practicable with the concurrence of all the members in whose names they stand. Explanation II.-- Where land to be surrendered is owned or held by two or more persons jointly, whether or not as members of an institution or of a joint family, the identity of the same shall be indicated as far as practicable with the concurrence of all the persons who own or hold such land. Explanation III.-- Where [a person] owns or holds lands, including shares in the lands owned or held by a co-operative society, in excess of the ceiling area, the excess lands to be surrendered shall be lands other than shares in the lands owned or held by the co-operative society. [Explanation IV.-- Where any person owns or holds lands in excess of the ceiling area, including lands mortgaged to the Government or to a co-operative society or to a co-operative land mortgage bank registered or deemed to be registered under the Co-operative Societies Act for the time being in force, or to the Kerala Financial Corporation or to the Kerala Industrial Development Corporation or to the State Small Industries Corporation [or to a scheduled bank as defined in the Reserve Bank of India Act, 1934 [or to a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970 or to the State Bank of India constituted under the State Bank of India Act, 1955 or to a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959] as security for any loan advanced by the Government or by such cooperative society or bank or corporation the excess lands to be surrendered shall, as far as possible, be lands other than those so mortgaged]. [Explanation V.-- Where a person owns or holds land in excess of the ceiling area including lands owned by the Government of Kerala, the excess lands to be surrendered shall, as far as possible, be the lands owned by the Government of Kerala]. [(2A) The statement under sub-section (2) shall be filed,-- (a) in the case of an adult unmarried person, by such person; (b) In the case of a minor, lunatic, idiot or a person subject to like disability, the guardian, manager or other person in charge of such person or of the property of such person; (c) in the case of a family, the husband or in his absence, the wife, or, in the absence of both, the guardian of the minor children; (d) in the case of any other person, any person competent to act for such person in this behalf]. [(3) Where after the final settlement of claims for resumption of lands held by a person as tenant, such person holds land in excess of the ceiling area, or where after the purchase of the right, title and interest of the landowner the intermediary by the cultivating tenant in respect of lands owned by, a person, such person owns land in excess of the ceiling area, such excess land shall be surrendered as hereinafter provided. (3A) The person bound to file a statement under section (2) shall, within a period of three months from the date of final settlement or purchase, file a settlement before the Land Board, and the provisions of the said sub-section shall, as far as may be, apply in regard to the particulars to be contained in such statement, the calculation of the excess land and for the procedure for the surrender of the same.] (4) Where a member of a joint family surrenders under this section, any land belonging to the joint family and the surrender is accepted by the [Taluk Land Board] with or without modification in extent or identity of the lands surrendered, he shall be deemed to have become divided in status from the other members of the family, with effect from the date of the surrender, and the lands, the surrender of which has been accepted, shall be deemed to have been lands allotted to the share of such member on partition. (5) On receipt of the statement under sub-section (2) or [sub-section (3A)] [the Land Board shall transfer the statement to such Taluk Land Board as may be decided by the Land Board in accordance with such principles as may be prescribed and such Taluk Land Board shall]-- (a) cause the particulars mentioned in the statement to be verified; (b) ascertain whether the [person to whom] the statement relates, owns or holds any other lands; and (c) by order, determine the extent and identity of the land to be surrendered. (6) In determining the identity of the land, the [Taluk Land Board] shall [x x x x] accept the choice indicated under sub-section (2) or [sub-section (3A)]: [Provided that the [Taluk Land Board] shall not be bound to accept such choice if-- (A) it has reason to believe that the person whose land is indicated to be surrendered has no good title to that land or (B) the land indicated to be surrendered is not accessible; or (C) it considers for any other reason to be recorded in writing that it is not practicable to accept the choice or to take possession of the land:] [Provided further that] where in such determination the interest of other persons are also likely to be affected, the [Taluk Land Board] shall, except in cases where all the persons interested have agreed to the choice indicated, afford an opportunity to such other persons to be heard and pass suitable orders regarding the land to be surrendered. [(6A) For the removal of doubts it is hereby declared that proceedings for the determination of the extent and other particulars of any land, the ownership or possession or both of which is or are to be surrendered by an adult unmarried person or a family, shall not abate on the death of that adult unmarried person or, as the case may be, the sale surviving member of that family where it consists of only one person, or the member of that family who filed the statement under this section or under section 85A in the case of any other family, but shall be continued against the legal representatives of such adult unmarried person or sole surviving member or the remaining member or members of such family, as the case may be, and such legal representatives or remaining member or members shall be bound to surrender the same extent of land as such adult unmarried person or sole surviving member or such family would have been liable to surrender, if such adult unmarried person or sole surviving member or the person who filed such statement, as the case may be, were alive on the date of determination of, the extent and other particulars of the land] (7) Where any person fails to file the statement specified under sub-section (2) or [sub-section (3A)] [the Land Board shall, intimate that fact to the Taluk land Board and thereupon the Taluk Land Board shall] after necessary enquiries, by order, determine the extent and other particulars of the land, the ownership or possession or both of which is or are to be surrendered: Provided that before such determination the [Taluk Land Board] shall give an opportunity to the persons interested in the land, to be heard. (8) Where the [Taluk Land Board] determines the extent of the land to be surrendered by any person without hearing any person interested, such person may, within sixty days from the date of such determination, apply to the [Taluk Land Board] to set aside the order and, if he satisfies the [Taluk Land Board] that he was prevented by any sufficient cause from appearing before the [Taluk Land Board] it shall set aside the order and shall proceed under sub-section (5) or sub-section (7), as the case may be. [(9) The Taluk Land Board may, at any time, set aside its order under sub-section (5) or sub-section (7), as the case may be, and proceed afresh under that sub-section if it is satisfied that-- (a) the extent of lands surrendered by, or assumed from, a person under section 86 is less than the extent of lands which he was liable to surrender under the provisions of this Act, or (b) the lands surrendered by, or assumed from, a person are not lawfully owned or held by him; or (c) in a case where a person is, according to such order, not liable to surrender any land, such person owns or holds lands in excess of the ceiling area:] Provided that the Taluk Land Board shall not set aside any order under this sub-section without giving the persons affected thereby an opportunity of being heard: Provided further that the [Taluk Land Board] shall not initiate any proceedings under this sub-section [after the expiry of seven years] from the date on which the order sought to be set aside has become final]. [Explanation I.-- For the removal of doubts, it is hereby clarified that the references in this sub-section to the Taluk Land Board shall, in cases in which the order under sub-section (5) or sub-section (7) has been, passed by the Land Board, be construed as references to the Land Board]. Explanation [II].-- For the purposes of this section and section 86, "hold", with reference to land shall include "possess" land under mortgage with possession. [(9A) Power of Taluk Land Board to review its decision.-- Notwithstanding anything contained in this Act or in the Limitation Act, 1963 (Central Act 36 of 1963), or in any other law for the time being in force or in any judgement, decree or order of any court of other authority, the Taluk Land Board may, if it is satisfied that its decision under sub-section (5) or sub-section (7) or sub-section (9) requires to be reviewed on the ground that such decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession before it, or by collusion of fraud or any suppression material facts the Taluk Land Board may review such decision after giving an opportunity to the parties of being heard and pass such orders as it may think fit: Provided that the Taluk Land Board shall not reopen any such case after the expiry of three years from the date of coming into force of the Kerala Land Reforms (Amendment) Act, 1989]. [(10) Any person who. by virtue of the provisions of sub-section (1A) of section 84, is entitled to the restoration of the ownership or possession or both of any land may, within sixty days from the commencement of the Kerala Land Reforms (Amendment) Act, 1979. apply to the Land Board or the Taluk Land Board, as the case may be, for such restoration. (11) An application under sub-section (10) shall be in such form, shall contain such particulars and shall be verified in such manner as may be prescribed. (12) On receipt of an application under sub-section (10), the Land Board or the Taluk land Board, as the case may be, shall, after giving the applicant or any other person likely to be affected, an opportunity of being heard and after such inquiry as it deems necessary, by order, restore the ownership or possession, or both, as the case may be, of the land]. Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Prior to the substitution it read as: "Where a family or an adult unmarried person owns or holds land in excess of the ceiling area on the date notified under sub-section (1) of Section 83, such excess land shall be surrendered by the person who is competent to do so within such time and to such authority as may be prescribed:". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970), for the words "held by him or by the members of his family is liable to be purchased by the cultivating tenant". Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972), for the words "but nothing in this Explanation shall affect the rights of the transferee under the transfer." Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Prior to the substitution it read as: "(2) Where a family or an adult unmarried person owns or holds land in excess of the ceiling area, the husband, or in his absence, the wife, or in the absence of both, the guardian of the minor children, or, as the case may be, the adult unmarried person, shall, within a period of three months from the date notified under sub-section (1) of Section 83, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands owned or held by the family or adult unmarried person, and indicating the lands proposed to be surrendered". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "a family or adult unmarried person" (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 25 of 1971, published in K.G.Ext. No. 354 dt. 11/08/1971 (w.e.f. 11/08/1971). Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972, for the words "receiving assistance from the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963" (w.e.f. 02/11/1972). 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). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969. Prior to the substitution it read as: "(3) Where, after the final settlement of claims for resumption of lands held by a family or an adult unmarried person as tenant, such family or person holds land in excess of the ceiling area, or where, after the purchase of the right, title and interest of the landowner and the intermediary by the cultivating tenant in respect of lands owned by a family or adult unmarried person, such family or person owns land in excess of the ceiling area, such excess shall be surrendered by the person who is competent to do so within a period of three months from the date of the final settlement or purchase, as the case may be. At the time of the surrender, he shall file a statement before the Land Board containing the particulars specified in sub-section (2) of the lands held or owned by him. The provisions of sub-section (2) shall, as far as may be, apply in regard to the calculation of the excess land and the procedure for the surrender of the same." Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972), for the words "Land Board". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for the words "sub-section 3". Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972), for the words "the Land Board shall". Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970), for the words "family or person to which or to whom". Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972), for the words "Land Board". The words "as far as practicable" omitted by Act 25 of 1971 (w.e.f. 11/08/1971), published in K.G.Ext. No. 354 dt. 11/08/1971. Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for the words "sub-section (3)". Inserted by Act 25 of 1971, published in K.G.Ext. No. 354 dt. 11/08/1971 (w.e.f. 11/08/1971). Substituted by Act 25 of 1971, published in K.G.Ext. No. 354 dt. 11/08/1971 (w.e.f. 11/08/1971), for "Provided that". Inserted by Act 19 of 1981, published in K.G.Ext. No. 653 dt. 15/08/1981 (w.e.f. 01/01/1970). Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969, for "sub-section (3)". Substituted by Act 17 of 1972, published in K.G.Ext. No. 626 dt. 02/11/1972 (w.e.f. 02/11/1972), for "the Land Board shall". Substituted by Act 13 of 1978, published in K.G.Ext. No. 192 dt. 19/03/1978 (w.e.f. 01/01/1970). Prior to the substitution it read as: "(9) The Land Board may, if it is satisfied that the extent of lands surrendered by, or assumed from, a person under Section 86 is less than the extent of lands which he was liable to surrender under the provisions of this Act or that the lands surrendered by, or assumed from, a person were not lawfully owned or held by him set aside its order under sub-section (5) or sub-section (7), as the case may be, in respect of such lands and shall proceed afresh under that sub-section:". Substituted by Act 16 of 1989, published in K.G.Ext. No. 503 dt. 30/05/1989, for "after the expiry of three years" (w.e.f. 30/051989). Inserted by Act 13 of 1978, published in K.G.Ext.No. 192 dt. 19/03/1978 (w.e.f. 01/10/1977). Renumbered by Act 13 of 1978, published in K.G.Ext.No. 192 dt. 19/03/1978 (w.e.f. 01/10/1977). Inserted by Act 16 of 1989, published in K.G.Ext. No. 503 dt. 30/05/1989 (w.e.f. 30/05/1989). Inserted by Act 27 of 1979, published in K.G.Ext. No. 787 dt. 03/11/1979 (w.e.f. 07/07/1979).