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State of Kerala - Section

Section 86 in Kerala Land Reforms Act, 1963

86. Vesting of excess lands in Government.

- [(1) On the determination of the extent and other particulars of the lands, the ownership or possession or both of which is or are to be surrendered under Section BS, the ownership or possession or both, as the case may be of the land shall, subject to the provisions of this Act, vest in the Government free from all encumbrances and the Taluk Land Board shall issue an order accordingly.] [Substituted by Act 17 of 1972.]
(2)On receipt of [the order of the Taluk Land Board under Sub-section (1)] [Substituted by Act 17 of 1972.] such person shall make the surrender demanded, in such manner as may he prescribed.
(3)Where any person fails to make the surrender demanded, the [Taluk Land Board] [Substituted by Act 17 of 1972.] may authorise any officer to take possession or assume ownership of the land in such manner as may be prescribed.
(4)[ Where the ownership of any land vests in the Government under Sub-section (1), the rights of the intermediary, if any, in respect of the land shall stand extinguished, and where possession of any land which was in the possession of a cultivating tenant vests in the Government under that Sub-section, the ownership of such land shall vest in the Government and the rights of the intermediary, if any, in respect of such land shall stand extinguished.] [Substituted by Act 17 of 1972.]
(5)[ Notwithstanding anything contained in the forgoing provisions of this Act, where any land is indicated in the statement under Sub-section (2) of Section 85 as land proposed to be surrendered, the [Taluk Land Board] [Inserted by Act 25 of 1971.] may, pending determination under Sub-section (5) of Section 85 of the extent and identity of the land to be surrendered by the person who has filed the statement or on whose behalf the statement has been filed, take possession of such land if it is satisfied that such person is in possession of the land and has legal title to such possession and that the land is fit for surrender, and thereupon the provisions of Sub-section (4) shall, so far as may be, apply in respect of such land.]
(6)[ Nothing contained in this Chapter-shall be deemed to affect the powers of the Government or any other authority or officer, conferred by or under the provisions of the Kerala Land Conservancy Act, 1957, in respect of unauthorised occupation of lands which are the property of the Government.] [Inserted by Act 17 of 1972.]