Section 13 in Kerala Prevention of Eviction Act, 1966
13. Amendment of the Kerala Land Reforms Act, 1963.
- In the Kerala Land Reforms Act, 1963 (Kerala Act I of 1964),-(1)in sub-section (1) of section 29, for the words" at any time within one year from the commencement of this Act ", the words "at any time within four years from the commencement of this Act or such further period as the Government may, from tune to time, by notification in the official Gazette, specify in this behalf" shall be substituted;(2)section 51 shall be renumbered as sub-section (1) thereof, and -(i)in sub-section (1), as so remembered,-(a)for the words "interest therein in favour of the land-lord:", the words "interest therein :Provided that no such surrender shall be made in favour of any person other than the Government:" shall be substituted;(b)in the first proviso,-(i)for the words "Provided that", the word "Provided further that" shall be substituted;(ii)the words "and is made in good faith" shall be omitted;(c)the second proviso shall be omitted;(ii)after sub-section (1), as so re-numbered, the following sub-sections shall be inserted, namely:-"(2) The Government shall pay to the landlord fair rent of the tenancy surrendered to it under sub-section (1).(3)The Government may let any land surrendered to it under sub-section (1) to any person, as far as may be, in accordance with such rules as may be made under this Act.(4)The tenant to whom any land is let under sub-section (3) shall pay the fair rent thereof directly to the landlord and the Government's liability under sub section (2) with regard to the payment of the rent of that land shall, on and from the date of induction of the tenant on such land, cease.(iii)after section 51, the following sections shall be inserted, namely:-"51A. Abandonment by a tenant. - (1) No landlord shall enter on any land which has been abandoned by a tenant.(2)If a tenant abandons his tenancy and ceases to cultivate his holding either by himself or by some other person, the landlord of such tenancy shall, within thirty days of such abandonment inform the Government in writing that the tenant has abandoned such tenancy and the Government may, on receipt of such intimation, take possession of the land appertaining to such tenancy.(3)The Government shall pay to the landlord fair rent for the land possessed by it under sub-section (2) from the date on which it takes possession of such land.(4)The Government may let to another tenant any land, possession of which has been taken under sub-section (2), as far as may be, in accordance with such rules as may be made under this Act.(5)The tenant to whom any land is let under sub-section (4) shall pay the fair rent thereof directly to the landlord and the Government's liability under sub-section (3) with regard to the payment of the fair rent for such land shall, on and from the date of induction of the tenant on the land, cease.
