- [(1) No Kudikidappukaran shall he liable to be evicted from his kudikidappu except on the following grounds, namely:-(i)that he has alienated his right of kudikidappu to a person other than-(a)a member of his family; or(b)a person who has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead and whose annual in-come does not exceed two thousand rupees;(ii)that he has rented or leased out his entire kudikidappu to another person for a period of not less than two years;(iii)that he has ceased to reside in the kudikidappu continuously for a period of two years; or(iv)that he has another kudikidappu or has obtained ownership and possession of land which is fit for erecting a homestead within a distance of five kilometers from his kudikidappu;Provided that the kudikidappukaran shall not be liable to he evicted on the ground mentioned in sub-clause (iv) if the extent of the land over which he has obtained ownership and possessions is not more than three cents if it is in a city or major municipality or five cents if it is in any municipality or ten cents if it is in a panchayat area or township;Provided further that a kudikidappukaran shall be liable to be evicted, if he has obtained ownership and possession of land situate beyond a distance of five kilometers where the extent of such land is not less than twenty five cents.Explanation I. - For the purpose of this Sub-section, 'member of family" shall mean, in the case of a joint family, any member of such family, and in other cases, wife or husband, as the case may be, and any of their lineal discendants.Explanation II. - For the purposes of this Sub-section, a kudikidappukaran shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the fact that he was not actually residing therein, if any of his near relatives who was residing with him in the kudikidappu continues to reside in the kudikidappu; and in such a case, the near relative who continues to reside in the kudikidappu shall be liable for the rent payable by the kudikidappukaran; and near relative shall mean husband or wife, children, grandchildren, father, mother, brother, sister or children of brother or sister.] [Substituted by Act 35 of 1969.](2)Notwithstanding anything contained in Sub-section (1), the person in possession of the land on which there is a homestead or hut (hereinafter in this Sub-section referred to as the landholder) in the occupation of a kudikidappukaran may, if he bona fide requires the land-(a)[ for constructing a building for his own residence or for the residence of any member of his family included major sons and daughters; or] [Substituted by Act 15 of 1976.](b)for purposes in connection with a town planning scheme approved by the competent authority; or(c)for any industrial purpose,require the kudikidappukaran, to shift to a new site belonging to him, subject to the following conditions, namely:(i)the landholder shall pay to the kudikidappukaran the price of the homestead, if any, erected by the kudikidappukaran;(ii)the new site shalt be fit for erecting a homestead and shall be within a distance of one mile from the existing kudikidappu;(iii)[ the extent of new site shall be the extent of the existing kudlkidappu, subject to a minimum of three cents it within the limits of a city or a major municipality, five cents if within the limits of any other mu-nicipality and ten cents if in any panchayat area or township;] [Substituted by Act 35 of 1969.](iv)the landholder shall transfer ownership and possessions of the new site to the kudikidappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site.Where the above conditions are compiled with, the kudikidappukaran shall be bound to shift to the new site.(3)[ Notwithstanding anything contained in Sub-sections (1) and (2). where the total extent of land held by a person, either as owner or as tenant, is less than one acre and there is a kudikidappu on any land held by him, he may, if he requires the land occupied by such kudikidappu for constructing a building for his own residence: apply to the Government for the acquisition of land to which the kudikidappu may he shifted:] [Substituted by Act No. 35 of 1969.]Provided that, after the expiry of a period of two years from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, an application shall not be made under this Sub-section except with the consent of the kudikidappukaran.Explanation. - For the purposes of this Sub-section,-(a)the total extent of land held by a person shall he computed as on the 1st day of July 1969;(b)in calculating the total extent of land held by a person who is a member of.a family, the extent of land held by any member of his family or jointly by some or all of the members of such family shall also be taken into consideration.(3A)[ In an application under Sub-section (3), the applicant shall offer to deposit, whenever called for, eighty seven and a halt per cent of the [amount of compensation payable for acquisition of land] [Substituted by Act No. 35 of 1969.] equal to the extent of the existing kudikiduppu subject to a minimum of three cents if within the limits of a city or major municipality or ten cents if in any panchayat area or township.(3B)An officer authorised by the Government in this behalf may, after collecting the amount referred to in Sub-section C3A) from the applicant, acquire the necessary land under the Kerala Land Acquisition Act, 1961, give possession of the land to the kudikidappukaran and require him to shift to the said land, and thereupon the kudikidappukaran shalt be bound to shill to the new site.](3BB)[ Where the kudikidappukaran does not shift to the land acquired in pursuance of Sub-section (36) within a period of one month from the date of service on him of the requisition under that Sub-section, the officer referred to in that Sub-section shall cause him to be evicted from the existing kudikidappu.] [Inserted by Act No. 35 of 1969.](3C)[ The kudikidappukaran shall be entitled before he shifts as required under Sub-section (38) to receive from the person in possession of the land on which his kudikidappu is situate the expenses as determined by the officer referred to in that Sub-section to be reason-ably required to shift to the new site.] [Substituted by Act No. 35 of 1969.](3D)[ Where the kudikidappukaran shift as required under Sub-section (3W, or under Sub-section (366) he shall be entitled to the ownership and possession of the land to which he shifts or is bound to shift, as the case may be, and also to the registry of such land in his name.] [Inserted by Act No. 25 of 1971.](3E)[ Twelve and a half per cent of the amount of compensation payable for the acquisition under Sub-section (3B) shall be met from the Kudikidappukar's Benefit Fund constituted under Section 109.] [Substituted by Act No. 35 of 1969.](4)Where the person in possession of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconvenience to him, he may require the kudikidappukaran to shift to another part of the land which is fit for the location of the kudikidappu:Provided that the kudikidappukaran shall have the right to opt for the portion to which the kudikidappu may be shifted:Provided further that the kudikidappukaran shall not be entitled to opt for any portion which is not adjoining the boundaries of the land, except with the consent of the person in possession of the land:Provided also that if the kudikidappukaran refuses to opt, he shall be bound to shift to the portion to which he is required to shift by the person in possession of the land:Provided also that the person in possession of the land shall transfer to the kudikidappukaran his rights over the land to which the kudikidappu is to be shifted, which shall be equal to the extent of the existing kudikidappu subject to a minimum of three cents if in any city or major municipality or five cents if in any other municipality or ten cents if in any panchayat area or township and pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu.
