80A. [ Right of kudikidappukaran to purchase his kudikidappi. [Inserted by Act No. 35 of 1969.]
(1)Notwithstanding anything to the contrary contained in any law for the time being in force, a kudikidappukaran shall, subject to the provisions of this Section, have the right to purchase the kudikidappu occupied by him and lands adjoining thereto.(2)Notwithstanding anything contained in Sub-section (1), where the total extent of land held by the person in possession of the land in which the kudikidappu is situate, either as owner or as tenant is less than one acre, the kudikidappukaran shall be entitled to purchase his kudikidappu and lands adjoining thereto only incases where the person in possession of the Government under Sub-section (3) of Section 75 for the acquisition of the land to which the kudikidappu may be shifted, within a period of two years from the commencement of the Kerala Land Reforms (Amendment) Act, 1969:Provided that in a case where the person in possession has applied under Sub-section (3) of Section 75, the kudikidappukaran shall be entitled to purchase his kudikidappu and lands adjoining thereto if such application by the person in possession of the land is rejected or if such person fails to pay the expenses for shifting the kudikidappu as required by the Sub-section (3C) of Section 75.(3)The extent of land which the kudikidappukaran is entitled to purchase under this Section shall be three cents in a city or major municipality or five cents in any other municipality or ten cents in a panchayat area or township:Provided that where the land available for purchase in the land in which the kudikidappu is situate, or the land in which the kudikidappu is situate, is less than the extent specified in this Sub-section, the kudikidappukaran shall be entitled to purchase only the land available for purchase or, as the case may be, the land in which the kudikidappu is situate.(4)Notwithstanding anything contained in Sub-section (3), where in the lands held by a person, either as owner or as tenant, there are more kudikidappukars than one, the maximum extent of land which is liable to be purchased under this 5ection shall be,-(a)where such person holds less than one acre of land, three cents in a city or major municipality or five cents in any other municipality or ten cents in a panchayat area or township;(b)where such person holds one acre or more, but less than two acres, of land, six cents in a city or major municipality or ten cents in any other municipality or twenty cents in a panchayat area or township;(c)where such person holds two acres or more, but less than three acres, of land, nine cents in a city or major municipality or fifteen cents in any other municipality or thirty cents in a panchayat area or township;(d)where such person holds three acres or more, bus than four of land, twelve cents in a city or major municipality t. twenty cents in any other municipality or forty r:'ilt5 in a panchayat area or township;(e)where such person holds four acres or more, but less that five acres, of land, fifteen cents in a city or major municipality or twenty-five cents in any other municipality or silty cents in a panchayat area or township:Provided that the extent of land which a kudikidappukaran shall be entitled to purchase shall, in no case, exceed the extent specified in Sub-section(3):Provided further that if in any case falling under clause (b) or clause (c) or clause (d) or clause (e), the extent specified in that clause is not sufficient for the purchase of an extent of three cents of land by each kudikidappukaran, the extent of land which is liable to be purchased under this Section shall be the extent required for purchase of three cents by each kudikidappukaran:[Provided also that where any person in possession of ant land in which there is a kudikidappu or more than one kudikidappu, has voluntarily transferred such land on or after the 1st day of July, 1969 and before the 1st day of January, 1970 or voluntarily transfers such land on or after 1st day of January, 1970, the kudikidappukaran or each of the kudikidappukars shall be entitled to purchase such extent of land as he would have been entitled to purchase if such transfer had not taken place.](5)Where any person holds five acres or more of land, either as owner or as tenant, and there are more kudikidappukars than one in the lands held by him, each of the kudikidappukars shall be entitled to purchase the extent of land specified in Sub-section (3).(6)No kudikidappukaran shall be entitled to purchase any land which is no in the lawful possession of the person who holds theland in which the kudikidappu is situate or which is not within the boundaries of each land.(7)The purchase price payable by a kudikidappukaran in con-sideration of the purchase allowed under this Section shall be twenty five per cent of the market value of the land purchased and the improvements thereon, other than the improvements, if any, belonging to the kudikidappukaran;Provided that where the person in possession of the land in which the kudikidappu is situate or, where he is a member of a family, such family, holds lands in excess of the ceiling area. the purchase price payable by the kudikidappukaran shall be one-half of the purchase price payable under this Sub-section.Explanation. - The provisions of Section 82 shall, so far as may be, apply to the calculation of the ceiling area for the purposes of the foregoing proviso and if no dare has been notified under Section 83, the date of the application under Sub-section (1) of Section BOB shall he deemed to be the date notified under Section 83.(8)[ The purchase price payable by the kudikidappukaran shall be met from the Kudikidappukar s Benefit Fund constituted under Section 109.] [Substituted by Act No. 16 of 1989.](8A)[ Notwithstanding anything contained in Sub-sections (7) and (8), the kudikidappukaran shall not be liable to pay his share of the purchase price incases where the person in possession of the land in which the kudikidappu is situate or, where the person in possession of the land is holding such land under a landlord or more than one landlord and the right, title and interest of such landlord or landlords have not vested in the Government under Section 72, the person in possession of such land and such landlord or landlords agrees or agree in writing that the kudikidappuka ran need not pay his share of the purchase price.] [Inserted by Act No. 25 of 1971.](9)Where the kudikidappukaran applies under Sub-section (1) of Section 80B for purchase of his kudikidappu. and the Land Tribunal, on application within such time as may be prescribed by the person in possession of the land in which the kudikidappu is situate, is satisfied that the portion to be purchased is so located as to cause inconvenience to him, the Land Tribunal may require the kudikidappukaran to purchase another portion of that land;Provided that the kudikidappukaran shall have the right to opt for the portion to be purchased by him: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 purchases another portion of the land, the person in possession of the land shall be liable to pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu to such portion.(10)If any kudikidappukaran refuses to opt under Sub-section (9), his application under Sub-section (1) of Section 808 shall be dismissed.(11)Notwithstanding anything contained in Sub-sections (4) and (5), where there are more kudikidappukars than one and the extent of the land which the kudikidappukars are entitled to purchase, or the extent of the land in which the Kudikidappus are situate, is less than the multiple of the number of kudikidappukars and the extent which each kudikidappukaran is entitled to purchase under this Section, the land available for purchase, or the land in which the Kudikidappus are situate, as the case may be, shall, in the absence of any agreement among the kudikidappukars, be apportioned in equal shares, as far as practicable, for purchase by the kudikidappukars.(12)For the purposes of this Section-(a)the extent of land held by a person shall be the total extent of land held by such person, either as owner or as tenant, on the 1st day of July, 1969;(b)In calculating the extent of land held by a person who is a member of a family and the number of kudikidappukars in the lands held by such person, the extent of the land held individually by any member of his family or Jointly by some or all of the members of such family, and the number of kudikidappukars thereon shall also he taken into consideration;(c)in deciding the extent of land available for purchase by the kudikidappukaran or kudikidappukars,-(i)any voluntary transfer effected, or any boundaries put up or any building or other structures erected, after the 1st day of July, 1969, shall not he taken in to account;(ii)the sites of the buildings and other structures situate on the land shall be excluded.]
