Amendment status not verified — confirm the current text below against the official source.
Repeal and Saving. [Translation in English of “2001-ലെ കേരള ഒഴിപ്പിക്കല് നടപടികള് നിര്ത്തിവയ്ക്കല് ആക്റ്റ്” published under the authority of the Governor.] THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 20011 (Act 11 of 2001) An Act to provide for the stay of eviction of certain cultivating tenants and small holders from lands purchased by them and which are subsequently found as excess land to be surrendered under the provisions of the Kerala Land Reforms Act, 1963. Preamble.—WHEREAS, numerous proceedings are pending before the Land Tribunals, the Taluk Land Boards, the State Land Board, the Courts or the Revenue Authorities or other authorities, wherein small holders and cultivating tenants who purchased or otherwise acquired land for consideration evidenced by registered documents or otherwise are under threat of eviction or dispossession; AND WHEREAS, there was persistent demands from the general public and organisations to protect such small holders and cultivating tenants, who are purchasers of such land, from eviction or dispossession of such land; AND WHEREAS, in order to protect such small holders and cultivating tenants from eviction or dispossession, pending enactment of a legislation protecting their rights and interests on such land for a temporary period, the Kerala Stay of Eviction Proceedings Act, 1998 (5 of 1998) was enacted; AND WHEREAS, the period of operation of the aforesaid enactment expired on 30th March, 1999; AND WHEREAS, the Kerala Stay of Eviction Proceedings Act, 1999 (26 of 1999) was enacted giving period of operation for two years from 31st March, 1999; AND WHEREAS, Governor have promulgated the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001) on 13th March, 2001, extending the period of operation of Act 26 of 1999 for a further period of one year; AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on 5th June, 2001 and ended on 23rd July, 2001; AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the said Ordinance had ceased to operate on the 17th day of July, 2001; AND WHEREAS, some more time is required for enacting a legislation to protect the rights and interests of such small holders and cultivating tenants on such land; 1 Received the assent of the Governor on the 23rd November, 2001 and published in the Kerala Gazette Extraordinary No. 1854 dated 23rd November, 2001. AND WHEREAS, difficulties will arise if such small holders and cultivating tenants are evicted or dispossessed from such land before the legislation to protect their rights and interest is enacted; AND WHEREAS, the Government consider it necessary in the public interest to provide for temporary protection of such small holders and cultivating tenants from eviction or dispossession pending enactment of a legislation protecting their rights and interests on such land. BE it enacted in the Fifty-second year of the Republic of India as follows:—