Amendment status not verified — confirm the current text below against the official source.
Prohibitzon of future tenauczes.-( I) After the commencement of this Act, no tenancy shall be created m respect of any land: Provided that any landowner who IS- (z) a minor, (!!) a widow; ( w) an unmarried woman ; (w) a d1vorced woman; (v) a person incapable of cultivating land by reason of any physical or mental disability ; or (vz) a serving member of the Armed Forces or a seama.1, may create a tenancy, but the tenant shall not be entitled to any right conferred on a tenant under th1s Chapter. 46 (2) Any tenancy created in contravention of the provisions of sub-section (I) shall be invalid. Rights and Liabilities of Kudikidappukars 7 5. K udzkidappukaran to have jzxiry.- (I ) No K ud ikidappukaran shall be liable to be evicted f10m his kud1k1dappu except on the following grounds, namely :- {z) that he has alienated his right of kudikidappu to another person ; (u) that he has rented or leased out his kudikidappu to another person ; (m) that he has ceased to reside in the kudikidappu continu- ous! v for a period of two years ; or (w) that he has another kudikidappu or has obtained ownership and possession of land which IS fit for erecting a homestead Explanation.-For the purposes of this sub-section, a kud•kidappu- karan shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the fact that he was not actually residing therein, 1f any ofhis near relatives who was residing with him m the kudikidappu for a continuous perio:J of not less than one year contmues to reside in the kudikidappu ; and in such a case the near relative who contmues to reside in the kudik1dappu shall be liable for the rent payable by the kud1kidappukaran ; and 'ncar relative' shall mean husband or wife, children, grand children, father, mother, brother or sister. (2) Notwithstanding anything contained in sub-sect• on ( l), the person in possession of the land on which there is a ho!llestead or hut (hereinafter in this sub-sectiOn referred to as the landholder) in the occupation of a kud1kidappukaran may, 1f he bona jzde requires the land- (a) for building purposes for h1mself or any member of his family including major sons and daughters ; or (b) for purposes in connection with a town planning scheme approved by the competent authority ; or (c) for any industrial purpose, require the kudikidappukaran, to shift to a new site belongmg to him, subject to the followmg conditions, namely :- (z) the landholder shall pay to the kud1kidappukaran the price of the homestead, if any, erected by the kudi- kidapukaran ; ( 21) the new site shall be fit for erecting a homestead and shall be within a distance of one m•le from the existmg kudikidappu ; (m) the extent of the new site shall be the extent of the existing kudikidappu, subject to a mm1mum of three cents and a maximum of ten cents ; (w) the landholder shall transfer ownership and possession of the new site to the kudik1dappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site. ~i I ------------------------------------------- .( ' 47 Where the above conditions are complied with, the kudikidappu- karan shall be bound to shift to the new site. (3) Notwithstanding anythmg contained in sub-sections ( 1) and (2), where a person does not hold more than 25 cents of land and there is a hut in the occupatiOn of a kudikidappukaran on such land, he may, if he requires the land occupied by such hut, for constructmg a buildmg for his own residence, apply to the Government for the acquisi- tion of land to which the kudikidappu may be shifted. In such appli- cation he shall offer to deposit, whenever called for, the cost of acquisition of land equal to the extent of the existmg kudikidappu, sub- ject to a minirr,um of three cents and a maximum of ten cents. An officer authonsed by the Government in this behalf may, after collecting the cost of acquisition from the applicant, acquire the necessary land under the Kerala Land Acqusltlon Act, 1961, give possession of the land to the kudikidppukaran and require him to shift to the said land. The kudikidappukaran shall thereupon be bound to shift to the new site. The kudikidappukaran shall be entitled before he so shifts to receive from the person in possession of the land on which his hut was originally located, the expenses as determined by such officer to be reasonably required to shift to the new site. (4) Where the owner of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconveni- ence to him, he may reqmre the kudiktdappukaran to shift to another part of the land : Provided that the site to which the kw:hkidappu is required to be shifted IS fit for the location of the kudikidappu : Provided further that the owner of the land shall transfer to the kudikidappukaran ownership and possession of land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents and pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudi- kidappu.