Amendment status not verified — confirm the current text below against the official source.
Dtscluzrgr of arrears if rent.-( I) Notwithstanding anything to the contrary contamed in any other law for the time being m force or m any contract, or in any decree or order of court, all arrears of rent accrued due from a-tenant during the period and outstanding on the date specified in column (2) below, shall be deemed to be fully discharged by payment to the landlord, or deposit in court for payment to the Iandi lrd, of the amount referred to m the correspondmg entry in column (3), together with mterest at the rate of six per cent per annum, w1thin the period specified in column ( 4) • • 44 Pertods durzng whzch Sl. the arrears accrued No. due and the dates on whzch they were Amount qf the rmt to Period wtthtn which the payment is to be made outstandwg be pazd for dzscharge 0_2_ ------'---(2-'--)------- -(3) ----- -_-__ (4) ( l) ( ti) (ill) Al\ arrears out- standing on ll-4--1957 Arrears ofrent accrued due on or after ll-4-1957 and outstanding on 15-2-1961 Arrears of rent accrued due on or after 15-2-1961 and outstandmg at the commence- ment ofth1s Act F1fty per cent of such 3 months from arrears, provided that the commence- the amount payable ment of th1s shall not be less than an Act. amount equal to one year's rent or the actual amount in arrears, whichever is less, and shall not be more than an amount equal to three years' rent Seventy-five per cent of such arrears Seventy-five per cent of the con tract rent or, where fair rent has been fixed under any law in fm ce immediately before 15-2-196 I , at the rate of such fair rent 3 months from the commence- ment of tillS Act 6 months from the commence- ment of this Act: Provided that where an intermediary has collected rent in excess of the amount payable under thts sub-section for any period and has not paid the same to hts landlord, he shall be liable to pay such ex- cess also to his landlord. Explanation.-FO! the purposes of this sub-sect1on, arrears of rent due from a varamdar shall be calculated on the basis of the average of the share of the landlord in the produce for the three years immedia- tely preceding the commencement of th1s Act or, wheze a varamdar was not cultivating the land c<mtinuously for the said penod of three years, the shat e of the landlord for the yf'ar in which the varamdar cultivated the land last immediately before the commencement of this Act. (2) Where a tenant has paid or depostted under section 6 of the Kerala Tenants and Kudikidappukars Protection Act, I963, before the commencement of this Act, any amount towards the arrears of rent referred to in 1tem ( t), item ( zt) or item ( m) of sub-section ( 1), such amount shall be deducted from the amount to be pa1d or deposi- ted under that item, and it shall be suffictent if' the tenant pays or depostts the balance, if any, after such deduction, and where thC" amount so paid or deposited exceeds the amount to be paid or deposited under su b-sect1on (I) for the discharge of the arrears, the excess shall be adjusted towards the rent accrued due thereafter. ~I 45 (3) Notice of any deposit made under sub-section ( 1) shall be given to the landlord by the court, and the cost of the notice shall be paid by the tenant so depositing the rent, and the landlord shall be at liberty to Withdraw such amount under the orders of the court. (4) Where the rent is payable m kind, the amount to be paid or deposited under sub-section (I) shall be computed at the market rate of the commod1ty prevailmg on the date on which the rent became payable under the contract of tenancy or under any law or under any custom or usage. (5) Where any amount deposited under sub-section (I) is found to be less than the amount to be deposited under that sub-sec- tion computed in the manner specified in sub-section (4) due to bona jzde error m the computation, the court may allow the person who has deposited the amount, reasonable t1me for depositing the balance amount, and, where the balance amount is deposited withm the tlme so allowed, the person who has so depostted shall be deemed to have deposited the amount Within the time allowed under sub-sec- tion (I). (6) Where a tenant fails to make the payment 01 deposit as required under 1tem (z), Item (zz) or Item (m) ofsub-section (I) withm the period ~peCified the1 efor, the tenant shall forfeit the benefits conferred by that sub-sectiOn m so far as 1t relates to the arrears of rent specified in that item, and he shall be liable to pay the entire arrears lawfully recoverable for the period to which such arrears relate. (7) Notwithstanding anything contained in this sectton, a tenant who has pa1d the amount as provided m section 34 of the Kerala Agranan Relations Act, I960, or in sectiOn 5 of the Kerala Ryotwari Tenants and Kudtkidappukars Protection Act, i962, for the discharge of arrears of rent outstandmg on the II th Apnl, 195 7, or the arrears of rent accrued due after the II th April, I957 and outstanding on the 15th February, 1961, on or before the d.1te ~pectfied in those Acts for the payment of the amount, ~hall not be hable to pay any amount towards arrears of rent for that period. (8) The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the rights of the tenant under this section for the discharge of arrears of rent.