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THB KANNAN DEVA~ HILLS (RESUMPTION OF LANDS) ACT, 1971 (Act 5 of 1971) CONTENTS Preamble. Sections ..j-, 1. Short title. commencement and appl1cat10n 2 DefinitiOns 3 Vestmg of possessiOn of certam lands 4. RestoratiOn of possessiOn of lands m certam ca!>es. 5. Temporary arrangements pendmg restoratiOn 6. DemarcatiOn of boundanes 7. DecisiOn of disputes regardmg vestmg 8 No compensatiOn to be payable for vestmg 9 Assignment of lands 10. EvictiOn of persons m occupatiOn on the appomted day 11. Trespass afie:- appomted day. 12 Powers of Land Board and Collector. 13. Right to use pnvate way 14 Bar of JUnsdiCtiOn of CIVIl courts '-A1' 15. Indemmty ~ 16. Cogmsance of offences 17, Savmg of certam nghts 18 Power to remove difficulties. 19 Power to make rules 20. Repeal and savmg.

THE (RESUMPTION OF LANDS} ACT, 1971 * (Act 5 of 1971) An Act to provide for the resumption of lands other than plantations in the Kannan Devan H1lls village in the Devico]am tah1k of the district and for the distribution of such lands for cultivation and purpo':les anc11lary thereto Preamble.-WI-IEREAS the lands compnsmg the enttrc revenue village of Kannan Devan Hills m the Devicolam *Published m the C:nette Extraordmary, No. 2!9, dated 2•nd April, 1971. 13 1

tnluk of the had been given on lease by the then Chtef to late Mr John Daniel Munroe of London and on the 11th day of July, 1877, fot coffee culttvatwn; AND WHEREAS the nght, tttle and interest of the lt>ssor had been assumed by the former Government of Travuncore ; AND WHEREAS by such assumption the lands have be­ come the property of the former Government of : AND WHEREAS the Government of have be­ come the successor to the former Government of Travancore ; AND WHEREAS large extent of agncultural lands m that vtllage has nol been converted mto plantations or ut1llsed lor purposes of plantatiOn and such lands are not reqmred 101 the purposes of the ex1stmg plantatiOn ; AND WHEREAS the Government constder that such u:(ncultural lands should bE resumed for the distnbutJOn there­ c.! for cultivatiOn and pui poses ancillary thereto; ( BE It enacted in the Twenty-second Year of the Re­ pubhc of as follows - 1 Short title, commencement application-(1) This Act may be called the Kannan Devan Hills (ResumptiOn of Lands) Act, 1971. (2) It shall be dcc~med to have come mto force on the '!lst day of January, 1971. (3) It applies to the lands compnsmg the revenut· vtllage of Kannan Devan Hills m the Dev1colam taluk of the Kottayam distnct 2 Definitions·-In this Act, unless the context other­ wt~e reqmres,- (a) "appomted day'' means the 21st d8y of January, 1971 : (b) "bmldmg" shall not mclude a temporary shed ; (c) "Collector'' means the DistncL Collector Kottayarn, or any other officer not below the rank of a Distnct Collector o.~ppomted by the Government, by notificatiOn m the Gazette, to e9Cercise the powers and perform the functiOns of the ('ullector under 'this Act; l 14

(d) "Land Board'' means the Land Board constituted under section 100 of the Kerala Land Reforms Act, 1963 (1 of 1964); (e) "lessee" means a person in possesston of any land situate in the Kannan Devan Hllls vtllage m the Devtcolam taluk of the Kottayam dtstnct, who has denved the nght tf' such possession by means of a document executed by late Mr. John Dame! Munroe of London and Peermade or any person claimmg through him or any person clatmmg unde: or through any of the successors-m-mterest of the said Mr. John Damel Munroe; (f) "plantatJOn" means any land used by a person principally for the culttvatwn of tea. coffee, cocoa, rubber, cardamom or cinnamon (heremafter referred to as "planta­ twn crops'') ; (g) "prescnbed" means prescrt bed by rules made under this Act. 3 Vesting of possession of certain lands.-(1) Notwtth­ stan:lmg anythmg contatr.ed m ·any other law for the hme bemg m force, or m any contract or other document, but subJect to the prov1s1ons of sub-sections (2) and (3), w1th effect on and from the appointed day, the possesston of all lands situate m the Kannan Devan H11ls vtllage m the Dev1colam taluk of the Ko:ttayam d1stnct shall stand tranr I erred to and ve5t m the Government free from all en­ cumbrances, and the nght, title and mterest of the lessees and all other persons, mcludmg nghts oi mortgagees and holders of encumbrances, 111 respect of such lands, shall stand extingu1shed (2) Nothmg containE.'d in sub-sectwn (1) shall apply in respect of- (a) plantations other than plantations belonging to trespt.ssers , (b) bmldmgs, other than bmldmgs beloflgmg to trespassers, and lands appurtenant to, and necessary for the convement enjoyment or use ol, such bmldmgs, (c) play-g,·ounds and bunal and burnmg grounds , and (d) lands m the possesswn of the Central GD;~ern­ ment or any State Government or the Kerala State Elec­ tnclty Board 15

(3) Nothing contained in sub-section (1) shall apply in respect of :-;o much extent of land held by a lessee under hie; pers~nal culhvatwn as IS With1:1 the ce1lmg limit apphcable to h1m under any law for the time bemg in force or any buildmg or structure standmg thereon 01 appurtenant thereto. 4. Restoration of possession of lands in certain cases.-(1) Where the person in possessiOn of a plantatwn considers that any land, the possessiOn of wh1ch has vested m the Govern­ ment under sub-sectwn (1) of sectiOn 3,- (a) IS necec;sary for any purpose ancillary to the cultivatwn of plantation crops m such plantatiOn or for the preparation of the same for the market , or (b) bemg agricultural land interspersed w1thm the boundanes of the area culttvated w1th plantatwn crops, is necessary for the protection and efficient management of such cultivation; or (c) 1s neces!;aiy for the preservation of an ex1stmg plantation, he may, wtthin stxty days from the date of pul.Jhcalion of this Act m the Gazette, apply to the Land Board for the restoration of possesston of such land.

/ (2) An apphcatwn under sub-sectwn (1) shall be m such form as may be prE.scnbed (3) On receipt of an apphcahon under sub-sectwn (1}. 1he Land Board shall, after gtvmg the applicant an oppor­ t umty of bemg heard and after such mqUiry as 1t deems neces~ary, by order detet mine the extent of land necessary for the purpose or purposes specified m the application, and ·.\.ch order shall he fin31. (4) As soon as may be after determmmg the extent of land necessary for the purpose or purposes specified in the appltcatwn under sub-sr:ctJon (1}. the Land Board shall cause -.uch land to be demarcated and put the applicant m posses­ <>ton of such land (5) Any person put m possessiOn of any land under ub-sectwn (4) shall be entitled to possess that land on the · une tetms and subject to the same conditions on or subJecL to which he was holdmg such land ImmedJately before the .1ppomted day

• 5 T<'mpm·ary aJ rangements pending restoration.-If, durmH the penod after the appomted day and before the 16

restoration of possession of any land under section 4, the Collector 1s sat1sfied on representatiOn or otherwtse that the person 111 possession of a plantation 111 any area to whtch thts Act applies 1s likely to be put to hardshtp in the management of the plantatiOn on account of the vestmg of possessiOn of any land under sub-section (1) of sectwn 3, the Collector shal' take such measures and make such arrangements as he de~ms --{ fit for removing the hardship dunng such penod ·

Prov1ded that If the person m possessiOn of the planta­ tion does not apply to the Land Board undet· section 4, or the Land Board determmes under that sectiOn that such person is not entttled to restoratwn of possessiOn of any land, any arrangement· 1f already made by the Collector shall be discontinued w1th eftect from the date on whtch the penod for makmg the apphcatwn exp1res or the date of determ.na­ twn by the Land Board, as the case may be. 6 Demarcation nf boundaries.-(!) As soon as may 'be after the appomted day, the Collector shall cause the boundanes of each parcel of land, the possessiOn of whtch has vested m the Government under sub-sechon (1) of sectwn 3, to be demarcated (2) As soon as may be after the clemarcahon of the boundanes of a parcel of land under sub-sectiOn (1), the Collector shall publ1:;h a notification m such manner as rr.ay be prescnb.:d specJfy1'1g the extent, tdenltty and such other parttculars as may be prescnbed of such land (3) Where the possessiOn of a portwn of a parcel of land JS restored under sectiOn 4, or the alteratwn of the boundanes of a parcel of land ts necessary consequent on the order of the Land Board under sectwn 7, the Collector shall cause the bounddnes of the remammg portion of <>uch parcel of land or such parcel of land, as the case may be, to be re­ demarcated and shall also publish a nollficatwn of such re-demarcatwn under sub-sectwn (2) 7. Decision of disputes regarding vesting.-(1) If any question anses as to whether the possessiOn of a parcel of _.f- land or a portwn of a parcel of land has vested m the Govern- ment under sub-sectiOn (1) of sectiOn 3, such questiOn shall be referred by the Collector to the Land Board for dectswn (2) As soon as may be after the rece1pt of a refer~nce under sub-sectwn (1), the Land Board shall, after gtvmg th~ 17

persons interested an opportunity of being heard and after such mqwry as It deems necessary, decide the questwn, and such decisiOn shall be final (3) Notwithstandmg the reference of a questwn to the Land Board under sub-sectwn (1), the Collector may, 1f he 1s sat1sfied that the possessiOn of such parcel of land or portwn has vested m the Government under sub-sect10n (1) of sectwn 3, cause the boundanes of such parcel of land to be demarcated as 1f the possess ton thereof has vested m the Government under that sub-sectiOn Provided that tf the Land Board decides that such parcel of land or portwn has not vested m the Government under sub-section (1) of sectwn 3, the Collector shall, as soon as may be, restore possessiOn of such parcel or portwn, as the case may be 8 No compensation to be payable tor vesting.-Notwilh­ standmg anythmg contamed m any law for the time bemg m force, or m any cunti act or other document, no compensatiOn shall be payable for the- extmgwshment under sub-sectiOn (1) nf sectton 3 of the nght, title and mterest of the les5ee<> or other persons or oi the nghts of mortgagees or holders of encumbrances 9. Assignment of Iands.-(1) The Government shall, after reservmg such extent of the lands, the possesswn of which has vested m the Government under sub-sectwn (1) of sectiOn J (other than lands, the possessiOn of which has b.een restored under sectwn 4), as may be necessary for pur­ poses du ected towards the promotion of agnculture or the welfai e of the agncultural populatwn to be settled on such lands, assign on registry the remammg lands to agncultunst.> <1nd agnculturdl lal:xurers m such manner. on such terms and subJect to such cnndttlons and restnctwns, as may be prescnbed (2) The Government may, by notJfi.catwn m the Gazette, deiegate then· power of asstgnment under sub-sec­ tion (1) to the Collector, subject to such restnct10ns and control as may be specified m the notification 10 Eviction of per~ons in occupation on the appointed day.-(1) The Collector or any officer authonsed by him m that behalf may summanly evict any person m occupatiOn of 311y land, the possesswn of which has vested m the Government under sub-sectwn (1) of sectiOn 3. 3/23-2 18

(2) Notwithstandmg anythmg contamed in any other law for the time bemg m force, the Collector or the officer authonsed under sub-section (1) may, for the purposes of that sub-sectiOn, use such force as he deems necessary. 11 Trespass aft{'r appointed day .-(1) It shall not be lawful for any person to enter upon any land, the possesswn .-( of whtch has vested m the Government under sub-~ec 1 10n ( 1) oi section 3. so long as It IS m the possessiOn of the Gov~rn- ment, w1th mtent. to occupy such land or to cut •JI' remove any trees standmg thereon, without the permJsswn oi th~ Collector or any officer authonsed by the Collector m that behalf. (2) Wtthout preJudice to any penalty under sub- 5ectwn (4), the Collector or any officer authonsed by h1m m that behalf may summanly evict any person who contra­ venes the provisiOnS of sub-sect ton ( 1) and may confiscate or demolish any bUJldmg, shed or other structures put up on such land (3) Notw1thstandmg anythmg contained m any other law for the hme bemg m force, the Collector or the officer au• honsed under sub-sectwn (2) may, for the purposes of that sub-sectwn, u~e such force as he deems necessa1 y (4) If any person contravenes the proviSIOn'> of st.:b­ sectwn (1), he shall be pumshable w1lh 1mpnsonment for a term wh1ch may extend to sb.. months, or w1th fine whtch may extend to one thousand rupees, or w1th both 12 Powers of Land Board and Collector.-(1) The Land Board and the Collector shall, for the purpose of exerc1smg any power conferred by or under th1s Act, have all th,• powers of a Civil court wh1le trymg a SUit under the Code o i C1vll Procedure, UJ08 (Central Act 5 of 1908). m respect ol the followmg matkrs, namely - (a) summomng and enforcmg the attendance of any pe1son and exammwg h1m on oath , t..._ {b) requmng the dtscovery and product 1011 of an:; document , (c) rece1v1!1g ev1dence on affidavit,

{d) ISSUing commissiOns for the exammat10n • of w•tnesses or for local mvestJgation ; .-

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(e) inspecting any property or thing concerning whiCh any dectswn has to be taken ; and (f) any othe.· matter whtch may be prescnbed ; / (2) The member of the Land Board or, where the Land Board conststs of more than one member, any member of the Land Board, the Collector and any person authonsecl m that behJli by the L.:md Boatd or the Collector may enter upon any J,md, the pos~e~::,ton of v. htch has not vested 111 the Government under sub-sectiOn (1) of sectwn 3, to do any act necessary lor carrymg out the purposes of thts Act, and tt shall not be lawful for any person to obstruct such mem­ ber or the Collector or the person so authonsed from enter­ mg upon such land or domg dny act nece~sary for carrymg out the purposes o( thts Act (3) Any pet son who contravenes the proviswns of sub­ ' seclwn (2) shall be puntshable wttl't tmpnsonment for a term whtch mdy extend to SIX months, or wtth fine whtch may extend to one thousand 1 upees, or wtth both .I "" 13 Right to u<;c private way.-( 1) Any officer of the Government exerctsmg any power or performmg any func­ tion under thts Act or any rule or order made thereunder shall, m the exerctse of such power or the performance o[ such functwn be enhtled to use any pnvate way m any land. the possessiOn of whtch has not vested m the Government under ~ub-sect10n (1) of sechon 3, and 1t shall not be lawfu, fc>1 any person to ob:::.truct ~uch officer from so usmg such way (2) Any member of the publtc shall be enhtled to use ,my pnvate way m any land, the possession of which has not \est eel m the Gover·1ment under sub-section ( 1) of sectton 3, for the pu1pose oi entry mto or extt from any land. the J)O~se<;ston of which has vested m the Government under the said sub-sectwn. and It shall not be lawful for any person to obstruct anv member of the public from usmg such way for such purpose. (3) If any person contravenes the prov1stons of sub­ sectton (1) or wb-sectwn (2), he shall be pumshable With Impnsonment for a ter.n wh1ch may extend to stx months. or "mth fine which !'l"a:v extP.nd to one thousand rupees, or wtth buth I 3/2:l-2a -- 20

14. Bar of jurisdiction of civil courts.-No civil court j i shall have JUnsdtctwn to settle, dectde or deal w1th any i quest10n or to determme any matter whtch 1s, by or under ( thts Act, requtred to be settled, dectded or dealt Wtth or to be determmed by the Government, the Land Board, the Collector or any other officer

15. Indemnity.-No smt, prosecutton or other legal proceedmgs shall he agamst the Government or the Land Board or the ColJ.ector or any other officer or person fM anythmg m good fatth done or mtended to be done under th1s Act or any rule or order made thereunder.

16. Cognisance of offences.-Notw1thstandmg anythmg contamed m the Code of Cnmmal Procedure, 1898 (Central Act 5 of 1 B98). all offences pumshable under th1s Act shall be cogmsable. 17 Saving of certain rights.-(1) For the removal of doubts, 1t 1s hereby declared that nothmg m th1s Act shall affect the ngh't of the Kannan Devan Hills Produce Company L1mtted or any person authonsed by It to enter upon any land, the possessiOn of which has vested m the Governmen1 under sub-section (1) of sectiOn 3, for purposes connected With the transmiSSion, supply or use of electncal energy mcludmg mamtenance and repa1r of any electnc supply hne or any works connected thereVvlth or the mamtenance and repair of any telephomc communicatiOn hnes or posts

(2) Nothmg m this Act shall affect the nght of ·•ny lessee or any person authonsed by h1m to enter upon any l3nd, the possessiOn of wh1ch has vested m the Government under sub-section (1) of sectiOn 3, for the purpose of entry mto, or ex1t from, any land, the pc!>sessiOn of wh1ch has not vec;ted m the Government under the sa1d sub-sectiOn

18 Power to remove difficulties.-If any dd'ficulty anse5 m g1vmg effect to the proviSI0ns of this Act, the Govern- ment may, as occasiOn may require, by order do anythmg --ti.,_ not mconsis1ent With such provisions, wh1ch appears to ._,r them necessary for the purpose of removmg the dd'ficulty.

1q Power to make rules.-( 1) The Government may, by notificatiOn m the G<:~:ette, make rules to carry out the ~r­ poses of thts Act. 2i

(2) Every tule made under th1s Adt shall be latd as <;oon dS may be after It IS made before the Legtslatlve i\ssembly whlle 1t 1" m session for a total penod of fourteen day<> whtrh may be compnsed m one sesswn or m two successtve sess10ns, anti 1l before the exptry of the se:;.;ic•n m wh1ch 1t 1s so latd or 1he sesswn 1mmedtately follo,vm!! the Leg1sla\we Assembly makes any modtficatwn m the rule or dec1des thdt the rule should not be made, the rule shall the1 eafter hav.:> effect 0nly m such modtfied form or be o L no effect, as the case may be, -;o however that any such modi­ fica\ 1on or annulment shall be wtthout preJudice · to th\:0' va!Jd1ty of anythmg prevwusly done under thdt rule :20 Repeal and saving.-(1 l The Kannan Devan Htlls (Re<,umptwn of Lands) Ordmance, 1Y71 (3 of 1071), IS hereby 1 ~P~'<' led (2) Notw1thstandmg such repeaL anythmg done or any actiOn taken under the SdJd Ordmance shall be deemed to have been done or token under thts Act I rt: ---

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