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[Cites 0, Cited by 8] [Entire Act]

State of Kerala - Section

Section 88 in Kerala Land Reforms Act, 1963

88. Persons surrendering land entitled to compensation.

(1)Where ownership or possession or both of any land [***] [Omitted by Act No. 17 of 1972.] is vested in the Government under Section 86 or Section 87, such person shall be entitled to compensation. Where the rights of an intermediary are extinguished, such intermediary shall also be entitled to compensation.
(1A)[ Notwithstanding anything contained in Sub-section (1), no person shall be entitled to any compensation in respect of any land owned by the Government of Kerala and held by him under lease or otherwise.] [Inserted by Act No. 17 of 1972.]
(2)[ The compensation payable to an owner for the vesting in the Government] [Substituted by Act No. 35 of 1969.] of ownership and possession of land shall be an amount calculated at the rates specified in Schedule IV,
(3)The compensation payable to the landowner, intermediary or cultivating tenant for the [***] [Omitted by Act No. 17 of 1972.] vesting in the Government or extinguishment of his rights shall be the portion of an amount calculated at the rates specified in Schedule IV that will fall to his share if such amount were apportioned among the landowner, cultivating tenant and intermediary, if any, in respect of the land according to the following provisions:
(i)ninety percent of the portion of the compensation for the site of any homestead or hut in the occupation of a kudikidappukaran shall be deducted from the total amount of compensation;
(ii)the balance remaining after deducting the amount referred to in clause (1) shall be apportioned among the landowner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land immediately before the surrender, assumption or vesting in the Government, as the case maybe.
Explanation. -"Profits derivable from the land" shall be deemed to be equal to (i) in the case of a landowner; the rent which he was entitled to get immediately before the 1st day of January, 1970, from the tenant holding immediately under aim; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get immediately before the 1st day of January, 1970, from his tenant and the rent for which he was liable to his landlord immediately before that day; and (iii) in the case of a cultivating Tenant, the difference between the net income and the rent which he was liable to pay immediately before the said day.
(3A)Notwithstanding anything contained in Sub-sections (2) and (3), where the compensation due under those Sub-sections to an adult unmarried person, family or any other person (other than a joint family), as owner, landowner, intermediary or cultivating tenant or in any two or more of such capacities exceeds one lakh rupees, the compensation payable shall be limited to the amount specified in the Table below:TableScales of compensation
Total Amount of compensation Rate
On the first Rs. 1 lakh 100 per cent
On the next Rs. 50,000 30 per cent
On the balance amount 23 per cent:
Provided that the compensation payable shall inno case exceed Rs. 2 lakhs.
(4)[ Where the rights of a mortgagee in possession are vested in the Government] [Substituted by Act No. 17 of 1972.] -
(i)Where the ownership of the land mortgaged [has vested in the Government] [Substituted by Act No. 17 of 1972.] the mortgagee shall be treated as a holder of an encumbrance in respect of the land, and the encumbrance shall be discharged as provided in Sections 91 and 92;
(ii)in other cases, the Government shall pay to the mortgagee the amount to which he would have been entitled under clause (i) if the ownership of the land mortgaged (Iliad vested in) the Government, and hold the land as mortgagee with possession with all the rights and liabilities of the mortgagee.
(5)[ For the removal of doubts, it is hereby declared that the compensation payable under this Section in respect of a land shall be deemed to include the compensation for growing crops and improvements, if any, thereon and that no person shall be entitled to any amount other than the compensation payable under this Section for The vesting in the Government or extinguishment of his rights (including his rights in respect of growing corps and improvements if any) in respect of the land.] [Inserted by Act 17 of 1972.]