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State of Kerala - Section

Section 38 in Kerala Land Reforms Act, 1963

38. Remission of rent.

(1)Where there has been a damage to, or a failure of, crops owing to causes beyond the control of the tenant in any holding, the tenant shall be entitled to a remission of the rent payable by him in proportion to the extent of such damage or failure.
(2)[ The Tahsildar of the taluk in which the holding is situate or any other officer not below the rank of Tahsildar authorised by the Government in this behalf by notification in the Gazette may, either suo motu or on application by a tenant, determine, after such enquiry as may he prescribed, the extent of damage to, or failure of, crops under Sub-section (1) and order such remission of rent as appears to him just and proper.] [Substituted by Act No. 35 of 1969.]
(3)[ Any person aggrieved by the order of the Tahsildar or the other officer under Sub-section (1) may, within a period of sixty days from the dale of the order, appeal against such order to the Revenue Divisional Officer having the jurisdiction over the area in which the holding is situate, and the Revenue Divisional Officer may pass such order on the appeal, as he thinks fit.] [Substituted by Act No. 12 of 1973.]
(3A)[ The order of the Revenue Divisional Officer under Sub-section (3) and the order of the Tahsildar of the other officer under Sub-section (2) in cases where no appear has been preferred under Subsection (3) within the time specified therefor or the appeal preferred has been dismissed, shall be final and the tenant shall be entitled to get the benefit of the remission so ordered.
(3B)If in any proceeding under Sub-section (2) or Sub-section (3), any question arises as lo whether a person is or is not a tenant, it shall be competent for the Tahsildar or the other officer or the Revenue Divisional Officer, as the case may be, to decide such question for the purposes of this Section.] [Substituted by Act No. 35 of 1969.]
(4)Where, in respect of a holding, there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the remission granted under sub-section (2) or Sub-section (3), the rent payable by the intermediary to his landlord shall be reduced in the same proportion.Explanation. - For the purposes of this Section, the term crops shall include cereal as well as cash crops.