(1)The Land Board shall pay to every small holder whose right, title and interest , either as landowner or as intermediary or as both, in respect of lands held by cultivating tenants have vested in the Government under Section 72, a solatium equal to the amount of the compensation payable to him in consideration of such vesting, after deducting the value of encumbrances and claims for maintenance or alimony, if any:Provided that the solatium payable to a small holder shall, in no case, exceed [one thousand five hundred rupees:]Provided further that no small holder shad be entitled to such solatium if-(a)such compensation exceeds [five thousand rupees] [Substituted by Act No. 19 of 1981.]; or(b)he is assessed to sales tax on a turnover which in the aggregate is not less than thirty thousand rupees in any two years within the three years immediately preceding the financial year in which the notification under Section 72 is issued, under the Kerala General Sales Tax Act, 1963 or the Central Sales Tax Act,1956 or the law of any other State relating to sales tax; or(c)he is assessed to income-tax under the Income-tax Act, 1961, in any two years within the three years referred to in clause (b)Explanation. - For the purposes of this Section, a person shall not be deemed to be a small holder if any of his predecessors-in-interest was in possession of, or had interest in, land exceeding the limits specified in clause(52) of Section 2 immediately before the 18th December, 1957, provided that nothing in this Explanation shall apply in the case of a person who would have been a small holder immediately before the 18th December, 1957, if this Act had been in force immediately before that date.
