Amendment status not verified — confirm the current text below against the official source.
Exemptions.-( 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 oflndia or a local authority or a cor- poration 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 ofkandukrishi lands sub-leased by a tenant holding such lands under the Government, the provision-s of sections 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. Explanation /.-"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 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. Explanation ll.-For the purposes of this clause, "kandukrishi lands" means lands covered by the Kandukrishi Proclamation, 1124, and includes kandukrishi pattam and kandukrishi thanathu lands, but shall not include lands assigned on reg1stry under the Kandukrishi Land Assignment Rules, 1958; or (ii) leases only of buildings, including a house, shop or ware- house, and the site thereof, with the land, if any, appurtenant thereto. Explanation.-Permission given to a kudikidapukaran to occupy a hut shall not be deemed to be a lease of building for the purposes of this clause ; or (zii) leases of land or of buildings or of both specifically granted for industrial or commercial purposes ; or (iv) tenancies ofland or of buildings or of both 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 afCOlresaid : . Provided that the provtstons 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 withm a period of six months from the date on which the property was released from the superintendence of the court of wards ; or · · · · ' (v) tenancies in respect of land or of buildings or of both created by mortgagees in possession or by persons denving title from such mortgagees: · I I ~~ -r I I 19 Provided that nothing in this clause shall apply to a cultivat• ing 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 Pro- perty Act, 1882; 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 the provisions of sections 13 to 26 relating to fixity of tenure shall apply to tenancies falling under clauses (v) and (vi) solong as the mortgage, or, as the case may be, the hfe mterest or otherlimited 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. Explanatzon.-For the purposes of clause (vi), a sthani or trustee or owner of any temple, mosque, church or other place of pub- lic 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 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 (viii) tenancies in respect of plantations exceeding thirty acres in extent : Provided that the provisions of this Chapter, other than sections 53 to 72, 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) 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 (x) tenancies in respect of sites, tanks and premises of any temple, mosque or church (including sites on which rehgious ceremonies are conducted) and sites of office buildings and other buildings attach- ed 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 rights 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 3/26-2a 20 . (xii) any transaction relating only to the usufruct of trees or to the tapping of cocoanut or other palm trees or to the tapping of rubber trees. (2) The Government may, if they are satisfied that it is necessary so to do in public interest, by notification in the Gazette, ocempt any lease or leases of lands other than nilams, or of such lands and build· ings, situate within the limits of a municipal corporation or munici- pality 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 pro• visions of this Chapter. Deemed Tenants