The MAHE LAND REFORMS ACT, 1968

puducherry · 1968

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S. 1(1) This Act may be called the Mahe Land Reforms Act, 1968
S. 2Section 2 defines key terms used in the MAHE LAND REFORMS ACT, 1968, including "agricultural labourer," "agricultural year," and "ceiling area."
S. 3Section 3 exempts certain government-owned or controlled leases and tenancies from the provisions of the MAHE LAND REFORMS ACT, 1968.
S. 4Land not falling under any of items
S. 4ASection 4A deems a person occupying land as a tenant if they or their predecessor occupied it believing it was government property and have continuously occupied it for ten years.
S. 4BSection 4B deems certain occupiers of land as tenants if they occupied before 1962 based on invalid lease or oral permission.
S. 4CSection 4C deems occupants of another's land as tenants if they paid rent for ten years before 1980's amendment.
S. 4DSection 4D deems certain former varam arrangement cultivators as tenants, invalidating unregistered surrender deeds executed before March 1968.
S. 5Section 5 deems certain long-term mortgagees and lessees, or those cultivating land post-1962, as tenants under the Act.
S. 6Certain mortgagees and lessees of mortgagees to be deemed tenants
S. 6ASection 6A deems a person in possession of agricultural land as a tenant if they or their predecessors held it as a tenant before the act's commencement.
S. 6BSection 6B deems mortgagees with possession of property at 1980 Act's start as tenants if they meet specified conditions.
S. 7Section 7 allows interested parties to prove disguised lease transactions and authorizes Land Tribunals to adjust terms accordingly.
S. 8Section 8 guarantees tenant fixity of tenure except for specific landlords in the Armed Forces or their legal representatives, subject to land ceiling limits.
S. 8ARestoration of possession of persons dispossessed on or after 22nd March, 1968
S. 8BSection 8B annuls sales of land due to rent arrears made after March 22, 1968, before 1980 amendments, restoring tenant possession.
S. 8CSection 8C allows tenants to reclaim sold holdings by depositing rent and applying to court to set aside the sale.
S. 8DSection 8D allows tenants to deposit purchase money to set aside sales made for waste recovery before 1980's amendment.
S. 9Section allows resumption of tenant's land by religious trust for extending religious worship, with Collector's certification.
S. 10Section 10 allows landlords to resume up to 20 cents for one person or 50 cents for two or more, for personal residence, without exceeding two acres total.
S. 11Section 11 allows landlords to resume land from tenants exceeding the ceiling area, provided it doesn't raise their total land above the ceiling limit.
S. 11ASection 11A allows small holders to resume excess land from tenants, except for those from Scheduled Castes, without reducing tenant's land below the ceiling area.
S. 12Section 12 allows small holders to resume up to half of their land from tenants, subject to specific area limits and tenure conditions.
S. 13Section 13 outlines conditions and restrictions for land resumption under the MAHE LAND REFORMS ACT, 1968, including time limits, exceptions for certain landlords, and prohibitions on resuming specific types of land.
S. 14Section 14 outlines the priority order for landlords to resume land in case of multiple landlords.
S. 15(1) A landlord desiring to resume any land shall apply to the Land Tribunal for an order of resumption
S. 16Section 16 provides compensation or solatium to tenants whose land is resumed under the MAHE Land Reforms Act, 1968.
S. 17Section 17 allows tenants to remove unauthorized structures ordered for eviction without compensation.
S. 18Section 18 determines compensation for non-specified improvements increasing holding value, excluding certain large-scale works.
S. 19Section 19 of the MAHE LAND REFORMS ACT, 1968 provides compensation for spontaneously grown or planted trees, at three-fourths of their auction value.
S. 20Section 20 determines compensation for non-exempt improvements based on labor, materials, and other costs minus deterioration.
S. 21Section 21 determines that the highest compensation for improvements on land, as per the most favorable section, will be awarded.
S. 22Section 22 determines compensation for maintaining naturally grown trees on tenanted land.
S. 23Section 23 allows the government to set maximum and minimum compensation rates for land improvements under the act.
S. 24Section 24 establishes tables for determining compensation rates based on crop prices and cultivation costs.
S. 25The section sets the average price for 10 years before a suit for compensation when no price table exists.
S. 26Section 26 mandates publication of land reform tables in English and Malayalam, with government authority to update or cancel them.
S. 27Section 27 allows courts to deny or reduce compensation for trees planted beyond specified limits per acre.
S. 28Section 28 ensures tenants can make improvements and claim compensation without contract limitations.
S. 29Section 29 allows cultivating tenants to apply for land resumption restoration if the original resumer fails to use it for the intended purpose within three years.
S. 30Section 30 allows restoration applications within one year after three years from resumption under section 29.
S. 31Section 31 of the MAHE LAND REFORMS ACT, 1968, outlines the terms for restored land, including tenant payments and fair rent.
S. 31AContract rent in the case of certain tenants
S. 31BSection 31B of the MAHE LAND REFORMS ACT, 1968 resolves disputes over contract rent for split or sub-leased tenant holdings.
S. 32Recovery of arrears of rent by summary procedure
S. 33(1) The fair rent in respect of a holding shall be the rent payable by the cultivating tenant to his landlord
S. 34Section 34 exempts communally used land from rent calculations under section 33.
S. 35Section 35 allows cultivating tenants to apply for a record of rights on their holdings and mandates the Land Tribunal to prepare such records after due process.
S. 35ABar of proceedings under Chapter X of the Code of Criminal Procedure in certain cases
S. 35BSection 35B allows cultivating tenants to apply to Deputy Tahsildar for orders to cultivate land if obstructed, with court not restraining them until final decision.
S. 36Section 36 adjusts intermediary rent reductions proportionally when fair rent for cultivating tenants is reduced.
S. 36AJenmikaram payable where rent payable to kanam tenant is reduced
S. 37Section 37 allows tenants or landlords to apply to the Land Tribunal to determine fair rent for a holding.
S. 38Section 38 prevents eviction or restraining orders during pending fair rent determination applications.
S. 39Section 39 allows landlords and tenants to agree on fair rent, which the Land Tribunal can then confirm, unless it exceeds the fair rent limit or involves religious institutions.
S. 40Section 40 outlines the effective date for rent determinations and the adjustment of overpaid rent towards future payments or purchase.
S. 41Section 41 specifies the rent amount landlords can receive if not determined by the Land Tribunal, based on contract or fair rent pre-1968.
S. 42(1) Where the rent is payable in kind, it shall be paid either in kind or in money at the option of the tenant
S. 43Section 43 allows tenants to deduct land revenue or taxes paid to the government from rent owed to landlords.
S. 44Section 44 provides for rent remission for tenants due to crop damage or failure beyond their control, with appeal options to Deputy Collector.
S. 45Section 45 regulates rent adjustments for tenants based on land acquisition, destruction, or intermediary rent reductions.
S. 46Section 46 prohibits tenants from paying customary dues or renewal fees beyond the rent specified in the MAHE LAND REFORMS ACT, 1968.
S. 47Arrears of rent shall bear interest at the rate of six per cent per annum or at the contract rate, whichever is less
S. 48Section 48 imposes rent arrears and interest as a first charge on tenant's interest in the holding, after government and local authority dues.
S. 49Section 49 mandates the Deputy Collector to quarterly publish crop prices in Mahe, considering public objections.
S. 50Section 50 mandates the Deputy Collector to publish statistics on crop yields for various land classes and areas.
S. 51Section 51 mandates landlords to issue receipts for rent paid and allows tenants to send money orders if receipts are not provided.
S. 51AAdjustment of rent paid after 1st March, 1970
S. 52Section 52 allows tenants to apply to the Land Tribunal for permission to pay overdue rent through the Tribunal, provided no related recovery proceedings are pending.
S. 53Section 53 outlines the process for determining and collecting tenant arrears and interest, and conditions for full discharge of tenant liability.
S. 54Section 54 allows landlords or tenants to apply to the Land Tribunal for rent and security apportionment when land interests are severed or sub-leased.
S. 55Section 55 mandates interest holders to notify landlords of their acquisition and allows them to pay tenant's rent arrears.
S. 56Subject to the provisions of this Act, all rights which a tenant has in his holding shall be heritable and alienable
S. 56AExtent of tenant’s right to use his holding
S. 57Section 57 allows a tenant to surrender their land to the government, which then pays the landlord and can re-let the land.
S. 58(1) No landlord shall enter on any land which has been abandoned by a tenant
S. 59Section 59 penalizes landlords for possessing abandoned or unsurrendered land contrary to the Act's provisions.
S. 60Section 60 grants cultivating tenants ownership of trees planted by them or their predecessors and the right to cut existing trees, with half the market value compensation to the landowner.
S. 61Section 61 allows cultivating tenants to buy landowner and intermediary interests in their land, subject to land ownership limits and resumption by landlords.
S. 62Section 62 details the Land Tribunal's process for apportioning encumbrances and charges when a cultivating tenant seeks to purchase land, specifying purchase prices and deductions.
S. 63Section 63 sets the purchase price for cultivating tenants to buy landowner and intermediary rights at 16 times fair rent plus value of permanent structures and half timber value.
S. 64Section 64 details how purchase prices paid by cultivating tenants for land holdings are distributed between landowners and intermediaries.
S. 65Section 65 directs the Land Tribunal to consider claims and pass orders on resumption and purchase applications after hearing interested parties.
S. 66Section 66 outlines the payment terms for purchase prices under section 65, allowing for either installment payments or a lump-sum payment at 75%.
S. 67Section 67 outlines the payment terms and issuance of a purchase certificate to a cultivating tenant after the Land Tribunal approves a land purchase.
S. 68Interest on defaulted instalments
S. 69Section 69 allows cultivating tenants to deposit rent as part payment of land purchase price pending price determination.
S. 70Section 70 establishes a first charge on land for purchase price, allows recovery of unpaid installments, and specifies recovery methods for defaulting landowners.
S. 71Section 71 outlines how purchase prices are distributed among landowners and intermediaries based on encumbrances or charges.
S. 72Section 72 of the MAHE LAND REFORMS ACT, 1968 allows payment to landowners or intermediaries to fully discharge purchase price liabilities, while section 73 provides religious or educational institutions a choice between annuity or direct purchase price payment.
S. 73Special provisions relating to religious, charitable and educational institutions of a public nature
S. 74Section 74 outlines the process for an institution to apply for annuity determination and payment for its holdings under the MAHE LAND REFORMS ACT, 1968.
S. 75Section 75 mandates government annuity payments to institutions, deducting encumbrance values, barring annuity if purchase price paid, and prioritizing encumbrancers over annuity.
S. 76Section 76 allows cultivating tenants to buy rights from institutions, unaffected by filing or vesting applications to the government.
S. 77The section allows the government to pay the purchase price to the institution if it opts for annuity instead of selling to a cultivating tenant.
S. 78Section 78 ensures religious institutions receive annuity equivalent to rent from cultivating tenants purchasing their holdings.
S. 79Section 79 ensures that cultivating tenants under public institutions remain tenants to the Government if they don't buy land rights, with rent recoverable as land revenue.
S. 80Section 80 vests government ownership of certain tenanted lands in the Government, free from landowner and intermediary encumbrances, unless resumption applications are pending or rejected.
S. 80ASection 80A of the MAHE LAND REFORMS ACT, 1968 provides compensation to landowners and intermediaries whose rights in land have vested in the government.
S. 80BSection 80B grants cultivating tenants rights to land assignment if they do not exceed a specified land ownership ceiling.
S. 80CSection 80C allows landowners or intermediaries to apply to the Land Tribunal for assigning their vested rights to cultivating tenants and compensation.
S. 80DSection 80D allows the Land Tribunal to assign landowners' rights to cultivating tenants after vesting, obligating tenants to accept.
S. 80ESection 80E outlines the purchase price for cultivating tenants acquiring land rights from the government, based on fair rent and asset values.
S. 80FSection 80F mandates cultivating tenants to pay rent to the Government if they don't qualify for assigned rights under section 80B.
S. 80GSection 80G establishes village committees to manage local functions under the MAHE Land Reforms Act, 1968.
S. 80HSection 80H mandates the Land Tribunal to publish notices for landowners, intermediaries, tenants, and others to submit claims or objections after land rights vest in the government.
S. 80ISection 80I determines how compensation for vested land rights is divided between landowners and intermediaries based on their respective profits.
S. 80JSection 80J of the MAHE LAND REFORMS ACT, 1968 provides for the payment and interest on compensation to landowners and intermediaries.
S. 80KSection 80K mandates landowners and intermediaries to apply to the Land Board for compensation after land rights vest in the government, with payment in cash or bonds.
S. 80LSection 80L of the MAHE LAND REFORMS ACT, 1968 discharges government liability for compensation but retains individual liability for recipients to lawful claimants.
S. 80MSection 80M vests the cultivating tenant's rights in land upon issuance of a purchase certificate, extinguishing landowner's rights.
S. 80NSection 80N allows cultivating tenants to pay land purchase price in 16 annual installments or a lump sum of 75%.
S. 80OSection outlines payment terms for cultivating tenants under land reforms, including deposit timelines and interest for late payments.
S. 80PSection 80P allows certain parties to jointly apply to the Land Tribunal to transfer landowner and intermediary rights to a cultivating tenant, except for religious institutions opting for annuity.
S. 80QSection 80Q ensures government annuity payments to religious or educational institutions pending land reforms, while retaining rights to purchase and rent.
S. 80RSection 80R adjusts rent payments by cultivating tenants towards purchase price and landowner compensation after land vesting.
S. 80SSection 80S of the MAHE LAND REFORMS ACT, 1968, abates pending applications and proceedings if purchase certificates are not issued, and vests cultivating tenants' rights upon application.
S. 80TSection allows landowners or intermediaries to recover rent arrears before vesting rights to cultivating tenants or government.
S. 80USection 80U mandates cultivating tenants to pay jenmikaram after kanam tenant's rights vest, and allows recovery of previously paid jenmikaram as arrears.
S. 80VSection 80V mandates cultivating tenants to pay basic and other taxes due on holdings where landowner rights have vested in the Government.
S. 81Section 81 limits landlords' recovery of rent arrears to specified amounts based on tenant land size before March 1971.
S. 82(1) After the commencement of this Act, no tenancy shall be created in respect of any land
S. 83Section 83 of the MAHE LAND REFORMS ACT, 1968 protects kudikidappukarans from eviction except under specific conditions like alienation to non-family members or non-residents.
S. 84Section 84 limits rent to six rupees yearly for kudikidappukarans and discharges rent arrears if they pay one year’s rent or the actual amount in arrears.
S. 85Procedure to enforce shifting of kudikidappu in certain cases
S. 86Right of Kudikidappukaran to be heritable but not alienable except in certain cases
S. 87Section 87 of the MAHE LAND REFORMS ACT, 1968 allows kudikidappukaran to maintain, repair, and reconstruct their hut or homestead without increasing its size by more than fifty percent.
S. 87ACustomary and other rights of kudikudappukaran
S. 88(1) The Government shall cause a register to kudikidappukars to be prepared and maintained in each village
S. 88ARight of kudikidappukaran to purchase his kudikidappu
S. 88BSection 88B allows kudikidappukaran to apply to the Land Tribunal for purchasing kudikidappu and adjoining lands, with specific order details if approved.
S. 88CSection 88C mandates kudikidappukaran to deposit purchase price installments and outlines land transfer and possession procedures upon final tribunal order.
S. 88DSection 88D imposes interest at 4.5% annually on unpaid kudikidappukaran purchase price installments.
S. 88ESection 88E of the MAHE LAND REFORMS ACT, 1968 distributes purchase price for kudikidappu, deducting encumbrances or charges for maintenance or alimony.
S. 88FSection 88F discharges purchase price liabilities for kudikidappu land, ending further claims.
S. 88GSection 88G outlines the payment schedule for funds from the Benefit Fund to the Land Tribunal for eligible persons.
S. 89Section 89 prevents eviction of Scheduled Caste tenants from their holdings, except for government or leased lands.
S. 90Section 90 delays eviction suits until records of rights for kudiyiruppu or kudikidappu holdings are prepared and filed.
S. 91Section 91 exempts certain government-owned and specific industrial lands from the provisions of the MAHE LAND REFORMS ACT, 1968.
S. 92Section 92 sets land ownership ceilings for different family structures under the MAHE Land Reforms Act, 1968.
S. 93No person to hold land in excess of the ceiling area
S. 94Certain voluntary transfers to be null and void
S. 95Section 95 mandates the surrender of excess land exceeding the ceiling area, except for specific land transfers made under certain conditions.
S. 95ACertain persons to file statements
S. 96Section 96 of the MAHE LAND REFORMS ACT, 1968, mandates the government ownership of surrendered lands and authorizes the Land Board to take possession if surrender fails.
S. 97Section 97 mandates excess land acquisition over the ceiling limit to be surrendered and outlines filing requirements and compensation for the land.
S. 98Section 98 of the MAHE LAND REFORMS ACT, 1968 provides compensation to landowners and intermediaries when their land rights are extinguished or vested in the Government.
S. 99Section 99 allows the Land Board to pay interim compensation to eligible persons against future full compensation, deducting it later.
S. 100Section 100 directs the Land Board to instruct the Land Tribunal to prepare a compensation roll for surrendered or assumed lands, detailing land descriptions, owners, compensation, and encumbrances.
S. 101The Land Board pays compensation to entitled persons, deducting encumbrances, maintenance, or alimony from the amount due.
S. 102Section 102 details the payment terms for compensation or encumbrance in cash or negotiable bonds after land vests in the Government.
S. 103Section 103 states that the specified compensation payment fully discharges liability, preventing any further claims.
S. 104*[omitted] ________________________________________________________________________ * Omitted vide Act No
S. 105Section 105 allows individuals with less than one acre of land to apply for land assignment from the Land Board.
S. 106Section 106 assigns government-vested lands to kudikidappukars, landless laborers, and small-holders, prioritizing Scheduled Castes and other backward classes.
S. 107Section 107 outlines the payment terms and interest for land purchase under the MAHE LAND REFORMS ACT, 1968.
S. 108Section 108 mandates the Land Board to manage vested lands by arranging for their cultivation and protection until assigned.
S. 108AInterpretation
S. 109Constitution of Land Tribunal
S. 109AThe Government can establish appellate authorities to handle specific cases under the Act.
S. 110The Government shall constitute a Land Board for performing the functions of the Land Board under this Act
S. 110AConstitution of Land Reforms Review Board
S. 110BThe Land Reforms Review Board can request reports and set guidelines for implementing the MAHE Land Reforms Act.
S. 111Section 111 grants the Land Board and Land Tribunal powers akin to a civil court to enforce attendance, require document production, and issue commissions for investigations.
S. 112Appeal to appellate authority
S. 113Section 113 allows aggrieved parties to appeal land tribunal or board orders to the High Court for review on legal grounds.
S. 114Section 114 allows simplified party representation in proceedings for joint families and receivers.
S. 115Section 115 mandates officers to request landholding details from individuals and authorizes them to obtain and verify information if not voluntarily provided.
S. 115AAppointment of officers for certain purposes
S. 116Special provisions relating to leases for commercial or industrial purposes
S. 116ASection 116A allows kudikidappukaran to continue commercial or industrial activities in pre-1968 buildings on kudikidappu land, subject to paying rent to the land's lawful possessor.
S. 117Section 117 grants the Land Tribunal discretion over costs in land reform proceedings, determining payment and jurisdiction.
S. 118Section 118 allows the government to adapt land reform provisions for local variations, subject to legislative approval.
S. 118AConstitution of Agriculturist Rehabilitation Fund and Kudikidappukars Benefit Fund
S. 118BSection 118B provides small holders with a solatium for vested land rights, capped at 500 rupees, unless they exceed certain tax thresholds.
S. 119Section 119 allows restoration of evicted tenants' land possession within one year after Act's commencement unless another non-family tenant has occupied it.
S. 119AMortgage money not to be returned in certain cases
S. 120Apportionment of land value in cases of acquisition
S. 121Section 121 specifies the method for converting the price of specified commodities into money based on published rates by the Collector.
S. 122Section 122 allows parties to appear in Land Tribunals through agents, with personal appearances possible if directed.
S. 123Section 123 prescribes court fees for applications and appeals under the MAHE LAND REFORMS ACT, 1968, and deems board and tribunal members public servants.
S. 124Section 124 deems members of the Land Board and Land Tribunal public servants under the Indian Penal Code.
S. 125Penalty for disturbance of customary, easement and other right of kudikidappukars
S. 126Section 126 imposes penalties for failing to provide required returns or information under the MAHE LAND REFORMS ACT, 1968.
S. 126APenalty for failure to furnish statement under section 95A
S. 127Section penalizes false returns or information with a fine up to one thousand rupees.
S. 128Section 128 mandates written declarations for land transfers and prohibits registration if intended to evade the Act, with penalties for false declarations.
S. 128ARegistering officer not to register in certain cases
S. 129Section penalizes willful contravention or obstruction of lawful land possession orders with a fine up to 500 rupees.
S. 130Section 130 penalizes eviction of tenants or damaging agricultural land with imprisonment or fines.
S. 131Penalty for cutting trees or for removing any machinery, etc
S. 131ASection 131A holds company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
S. 132Section 132 restricts court proceedings on offenses under the Act to authorized complaints and specific courts.
S. 133Section 133 of the MAHE LAND REFORMS ACT, 1968 bars legal proceedings against officers for actions done in good faith under the Act.
S. 134Bar of Jurisdiction of civil courts
S. 135Converts land area references in the act from acres and cents to hectares and acres.
S. 136Section 136 overrides any conflicting laws, customs, or contracts to enforce MAHE LAND REFORMS ACT, 1968 provisions.
S. 137Section 137 allows the Government to issue orders to resolve difficulties in implementing the Act, but not after two years from the provision's commencement.
S. 137AWrong or excess payments recoverable under Revenue recovery Act
S. 138(1) The Government may makes rules to carry out all or any of the purposes of the Act
S. 139Section excludes time when suits or proceedings were prohibited under repealed laws for limitation purposes.
S. 140Section 140 repeals the Mahe (Stay of Eviction Proceedings) Regulation, 1963 and the Malabar Tenancy Act, 1929, allowing courts to dispose of pending eviction cases under the new act.
S. 1956Explanation II
S. 1980Section allows equitable resumption of excess tenant land by multiple small holders if total excess is less than aggregate applications.