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THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969 (Act 20 of 1969) CONTENTS Preamble. Sections I. Short title and commencemeut. 2. Defimtions. 3. Extinguishment of the nghts of Sreepadam Palace. 4. Landholders to be registered holders under Government. 5. Compensatron to Srcepadam Palace. 6. Treatment of lands held on Kuthakapattom. 7. Treatment of Thariss 1 • 8. Recovery of amounts due to Government. 9. Liab1hty to pay basic tax. 10. Collection of arrear3 of rent. 11. Issue of Patta~, etc. to landholders. 12. Appomtment of officers to settle tax, etc. ~ 13. Appeal. 14. Revision. 15 Finality of orders. 16. Indemnity. 17. Provision in regard to liabilities of Sreepadam Palace. 18. PO\\ er to make rules. 19. Amendment of Act 13 of 1961.

THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969 * (Act 20 of 1969) An Act to provide for the enfranchisement of Sreepadam lands on payment of compensation and for matters connected therewith Preamble. -WHERE-\S rt i~ exr:edrent to provide for the enfran• chisement of Sreepadam lands on payment of compensatiOn and for matters connected thcrewrth; BE 1t enacted m the :"J'JHetecnth Y car of the Repubhc of as folio\\ s - 1. Short title and commencement.-(1) Th;s act may be called the Srccpadam Lands Enfranchrsemcnt Act, 1969.

• Published 111 the Gazette c"traordmary No 99, dated 9th Apnl, 1969. 110

(2) It shall come into furce on such date as the Government mav, by notification in the Gazette, appoint. 2. Definitions.- In this Act, unless the context otherw1se requ•res,- (a) "appo1 .. ted day" means the day on which this Act co;::;es into force, (b) "basic-tax" means the tax 1mposed under the provisions of the Ke1ala Land Ta" Act, 1961 (13 of 1961), (c) "financial year" means the year commencing on the 1st day of April; (d) "holdmg" means any parcel or parcels of Sreepadam lands held by a landholder, (e) "kuthakapattom" means a lease of Sreepadam lands or of trees on such lands or of both, granted for cons1derat10n payable in money or m kmd or in both, whether annually or otherwise; ( f) "landholder" means a pe1 son holding at the commencement of th1s Act Sreepadam lands on Sreepadam pattom or othe1 favourable tenures, but does not mdude a person holdmg Sreepadam lands on Kuthakapattom; (t;) "presCIJbed" means prescnbed by rules made under this Act; (h) "rent" means whatever is lawfully payable in money or m kmd or 111 both, to the Sreepadam Palace by a landholder for the use and occupatiOn of any Sreepadam land; (1) "Sreepadam lands" means- (1) lands compnsed m the free-hold villages of ldakkode, Illamba, Mudah.kal, Alamkodu, Avanavancherry, and Kdattmgal 111 the Ch1raymkd Taluk, the revenue from wh1ch is wholly assignr_d m favour of the Sreepadam Palace, (1i) othe• lands not bemg pandaravaka lands Situate in the ( State of and owned by the Srccpadam Palace; i

( j) "tha1 issu'' means any land entered as tharissu 111 the revenue rec01ds (other than lands held under kuthakapattom) and owned bv the S1 ct>padam Palace, but docs not wclude any such land held by a landholl.er. 3 Extinguishment of the rights ofSreepadam Palace. -Not­ ~idthstandmdg anyt 11ng cdonta1fned 111 anythlaw cror contracdt ofr in anhy k JU gment, ecree or or er o court, WI euect on an 1om t e appomted day,-

(a) all rights, title and mtere~t of the Sreepadam Palace 111 all Sreepadam land, held by landholders shall stand extmguished, 111

(b) all Sreepadam lands held on Kuthakapattom shall vest in the Government; and (c) all tharissu shall vest m the Government.

4. Landholders to be registered holders under Govern­ ment.--NotwJthstandmg anythmg contamed in any law or contract or in any judgment, decree ur order of court, with effect on and f10m the appomted day,- (a) every landholder shall, subject to the provisions of section 9, have full propnetorsh1p in the land comprised m his holdmg, and such right shall be hentable and alienable; (b) except as prov1ded m section 10, no landholder shall be liable to pay rent to the Sreepadam Palace.

5. Compensation to Sreepadam Palace.-( I) The Government shall, by way of compensation for the extmgUishment of the rights, title and mterest of ti-)e Srcepadam Palace under clause (a) of sectiOn 3 and for the vesting in the Governmc.nt of the S1 cepadam lands held on Kuthakapattom, under clause (b) of th<~t section, pay m pcrpet111ty to the Sreepadam Palace every financ1al year beginnlllg with the financial " year in wluch the appointed day falls, an amount of 31,075 rupees as annuity. (2) The Government shall, by way of compensation for the vestmg of tharissu in the Government under clause (c) of sectwn 3, pay to the Sreepadam Palace an amount calculated at the rate of four hundred and nmety-four rup.-es per hectare of thanssu. (3) The annmty payable under sut-section (I) shall be paid m one lump every financial year on such elate and m such manner as may be prescribed. (4) The compensatiOn payable under sue-section (2) sh,dl be paid m one lump and shall bear mtere~t at the rate of 5 per cent per annum from the appomted day

6. Treatment of lands held on Kuthakapattom.-( I) \Vhcre, m respect of any Srcepadam land, there 1s a lease on Kuthakap::~ttom, such lease shall be deemed to cont,nue under the Gove1 nment on the same terms and condJtJ<)nS as under the Sreepadam Palace.

(2) Subject to the prOVISIOnS of sur-~ection (1), the Govern­ ment may, at any tm:e after the appointed dav, after reserving the lands nece~~ary for Government or public purposes, assign on registry 10 such manr.er and on payment of such consideration as may be prescnbed the remaimng lands vested in the Government under clause (b) of section 3, I

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7. Treatment oftharissu.-(1) All tharissu vested in the Govetn• ment under clause (c) ofs<>cticn 3 shall be sul\eyed and demarcarcd in such manner as may be pre;c1ibed. + 1 (2) After the survey and demarcation of all tharissu as pro­ I vided in sub->ectJon (I), the Government ~hall, after re<>ervmg the t hari~su neces<>ary for Gm·ernment or public pm poses, assign on registry the remaining tharissu to such pe1 sons, in such manner and on I payment of such cons1det at IOn as may be prescnced ·

Provided that preference shall be g1ven to the persons in actual occupation of the tharissu Jmmedtately before the appointed da~.

8. Recovery of amounts due to Government.-AII amounts due to the Government a<> arrears of Kuthakapattom or towards consideration for ao;qgnment of Ia nrls on 1eg1stry shall be a fi1 st charge on the land held under such Kutha kapat tom or aso;1gned on such registry and shall be recoverable a<> arrea1s of land revenue under the Revenue Recovery Act for the 1iwe bemg m force.

9 Liability to pay basic tax.-( I) With effect on and from the appOinted day, all Srecpadam la~d'> held by landholders immediately '(': before that day shall be deemed to be pandaravaka lands for all I purposes and shall be lmble to be charged with l:asic tax. '

(2) The landholdeis shall be liable to pay the bas1c tax and the I provisiOn'> of the Kerala Land Tax Act, !961 (13 of 19Gl), shall apply I to the levy and collection of such tax.

(3) "Ray1hhogdm" payable to the Government by any lard­ holder m respect of any Srec.padam l.nd shall ceao;e to accrue w1th effect on and f1om the ,1ppomtecl d.1y.

I 0. Collection of arrears of rent.- (I) W1th effect on and from the appmnte t r-lay, the SI.:ep::tdam Palace o;hall not be entttled to collect anv re••t \\h1ch ac::t•Icd due to It ftom anv landholder 111 rest c.ct of hi:; hold 1ng bLfore, a'ld ,, out>tanrltng on th'at day, but the Taho;tld"r of the taluk 1:1 v- h1ch the holdtng i~ Sl!Udte shall be ent!lled to collect all such arrears of rent and any mterl'st payable there-:m as if th<>y wrre arrear<; <•f pubhc rrvenuc due on land : ProvH.Ied that 1f a landholde1 pay<> withm two yearo; from the appointed day in such manner as may be prescnbed an amount equal Ar-, to the arrear<. of rent for three finanCial years or the actual a1rea•s out· standmg on thr appomtcd day, v,.bJcl1ever ts les,, together with mtere~t thereon, all anc.no; ofi·:nt shall be deemed to be fully dtschargcd and no suit or other proc<'edings <>hall be or contmue for the recovery thereof.

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(2) All amounts po1id or collected under sub-section (l) shall be paid to the Sreepadam Palace after deducting- (a) five per cent thereof on account of collection charge~; (b) the amount If any, due from the Sreepadam Palace to the Government. (c) the rent, If any, collected before the appointed day by the Sreepadam Palace from any landholder in re'>pect of the financial year in which the appomted day falls or any ~ubs~quent financial year.

(3) All amounts which the Tah~ildar is entitled to collect under sub•3ection (I) shall be a first charge upon the land in respect of which such amount~ are payable, subject only to the charge fin· bas1c tax. I I. Issue of pattas, etc., to landholders.-( I) As soon as rna y be after the appointed day, the Government shall issue patta> or other documents evidencing the right of the landholder in the lands comprised in their holding~.

(2) The patta~ or other document~ i~sued under sub-section ( l) shall contain ~uch particulars as may be prescribed. "f' 12. Appointment of officers to settle tax, etc.-(1) The Government may appoint or authonse such officer or officers as they deem necessary for the pUI p')sc of s<'ttling the tax or other dues payable by landholders to the Govetnmcnt or to any other authonty and for the issue of the pattas or other documents referred to in sub•sectwn (I) of ~ectwn II . (2) An officer appointed or authorised under sub-section ( l) shall perform such other functions as may be prescribed. 13. Appeal.-( I) Any person aggneved by an order of any officer appomted or authorised under sub•scc1ion (I) of section 12 may appeal to the Revenue Divisional Offic~r havin~ jurisdictiOn over the area in whtch the holding is Sitllate, w1thm sixty days from the date of the order. Explanation.-For the purpose of comput1ng the said period of sixty days, the date of communication of a copy of the order to the appellant shall be deemed to be the date of the order. (2) A copy of every order against which an appeal hes under sub-section (I) shall be communicated in such manner as may be prescribed. 14. Revision.-The District Collector may, either suo motu or on an applicatiOn by a landholder, call for the record of any proceeding In which an order has been passed by the Revenue DivisiOnal Officer under section 13, and may make such mquiry or cause such inquiry to be made and pas~ such order thereon as he thmks fit : 3j20-8 ' 114

Provided that the District Collector shall not revise any order under this sect1on m any ca~e- -t (a) where the application is made by the landholder for such ' rev1sion, unless the apphcatwn 1s made within one yea1 from the date of the order sought t) be revised ; and (b) where the order 1s sought to be revised by the District Collector of h1s own motwn, if such order is made more than one year previously.

15. Finality of orders.-(!) Any order passed by any officer or authonty under this Act in respect of matters to be determined for the pm poses of this Act shall, subject only to any appeal or revision prov1ded under this Act, be final. (2) No such order shall be liable to be questioned in any court of law.

16. Indemnity.-(!) No suit or other legal proceedmg shall lie against the Government for any act wh1ch 1s in good fa1th done or mtended to be done unde1 th1s Act. (2) No suit, prosecutwn or other legal proceeding shall be '"'(" instituted agamst any officer or other person for anythmg m good faith done or mtended' to be done under th1<; Act or any rule made there· under. 17. Provisions in regard to liabilities of Sreepadam Palace.­ ( I) All cla1ms and liabilities e11forceable immediately before the appoin· ted day against the Sreepadam Palace m respect of any Sreepadam lands shall, on or after that day, be enforceable only against the annuity or compensatwn, as the case may be, payable to the Steepadam Palace under tl11S Act, and to the same extent to wh1ch such claim and liabili· ties wet e enfm ceable against the intere~ts of the Sreepadam Palace w the said lands Immediately before the appointed day. (2) No court shall, on or afte1 the appomted day, order or contmue ell.ecutwn in respect of any dec1 ee or order passed agamst the Sreepadam Palace or agamst the mterest It had in any Sreepadam lands, and ext.cutwn shall be ordered 01 contmued m such cases in conformit~ with the provi~wns of sub-sectiOn (I) only a<; agamst the annmty or compematwn payable to the Sreepadam Palace. {3) All nghts and pnvlleges which may have accrued in any . .h- Sreepadam lands to any person before the appomted day against the Sreepadam Palace sha!l cea~e and determine and shall not be enforce- able agamst the Sreepadam Palace or agamst the Government, and every such per~on shall be entitled on lv to such 1ights and priv1leges as are recognised or confened on him by or under this Act. 115

18. Power to make rules.-( I) The Government may, by notifi. cation in the Ga7ctte, make rule~ f01 the purpose of carrying into effect the provisions of th1~ Ac,.

(2) In pat ticular, and without p1 ejucice to the generality of the foregoing power, such rule~ may provtde for- (a) the p10cedU1e for the issue of pattas or othe1 documents and the particulars they ~hould conrain ; (b) ptescnbing forms where forms are necessary;

(c) the fees for appeal~ and appltrations for revision under this Act, (d) regulating the powc1s of the Revenue Diviswnal Officer in appeals unde1 tht~ Act and the procedure to be followed in such appeals .

(~') any other mat\er which has to be, or may be, prescribed

(3) Every JU!e made under this section shall be laid as soon as may be after it JS made before the Legtslattve Assembly whde 1t is in sesston for a total period of fourteen day~ whtch may be comprised 111 one sesswn or in two success1vc sessiom, and 1f before the cxp1ry of the ses•ton in wh1ch 1t is '>0 laid or the •e~~ton Hnmediatcly followmg, the Legtslative As~embly makes any modd'icatwn 111 the rule or decides that the tule should not be made, the rule shall thereafter have effect only in such modified form or be ol no effect, as the case may be ; so hoY.• ever that any such modificatiOn or a!~nulment shall be without prejudice to the validity of anythmg previously done under that rule.

19. Amendment of Act 13 of 1961.-ln section 2 of the Kerala Land Tax Act, 1961 (13 of 1961), m sul-section (1), clause (iii) shall be '3m Ittcd.

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