(1)The provisions of this Chapter shall not apply to -(a)lands owned or held by the Government of Kerala or the Government of any other State in India or the Government of India or a local authority [or the Cochin Port Trust] [Inserted by Act 35 of 1969.] or any other authority which the Government may, in public interest, exempt, by notification in the Gazette, from the provisions of this Chapter.[Provided that the exemption under this clause shall not apply to lands owned by the Government of Kerala and held by any person under lease whether current or time expired or otherwise.] [Inserted by Act 17 of 1972.][Explanation I. [Numbered as Explanation I by Act 35 of 1969.] - "Lands owned by the Government of Kerala" shall, for the purposes of this clause, have the same meaning as "Government Lands" under Sub-section (1) of Section 2 of the Kerala Government Land Assignment Act, 1960; [but lands escheated to the Government and held by tenants entitled to fixity of tenure under Section 13 shall not be deemed to be lands owned by the Government of Kerala.]][Explanation II. [Inserted by Act 35 of 1969.] - Lands, the right, title and interest in respect of which have vested in the Government under Sub-section (9) of Section 66 or Section 72, shall not be deemed to be "lands owned by the Government of Kerala" for the purposes of this clause;][Explanation III. [Inserted by Act 25 of 1971.] - For the purposes of this clause, "other authority", shall include a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India;](b)lands taken under the management of the Court of Wards:Provided that the exemption under this clause shall cease to apply at the end of three years from the commencement of this Act;(c)lands comprised in mills, factories or workshops and which are necessary for the use of such mills, factories or workshops;(d)private forests;(e)plantations;(f)[ cashew estate [Inserted by Act No. 6 of 2012.]Explanation. - For the purpose of this clause "cashew estate" shall mean dry land principally cultivated with not less than 150 cashew trees per hectare.](g)[***] [Omitted by Act 35 of 1969.](h)lands mortgaged to the Government, or to a co-operative society (including a co-operative land mortgage bank) registered or deemed to be registered under the Co-operative Societies Act for the time being in force, or to the Kerala Financial Corporation, or to the Kerala Industrial Development Corporation or to the State Small Industries Corporation, as security for any loan advanced by the Government or by such Society or Corporation, so long as the mortgage subsists:Provided that the exemption under this clause shall cease to apply at the end of three years from the commencement of this Act;(i)lands purchased by the Kerala Co-operative Central Land Mortgage Bank or a Primary Mortgage Bank under Sec Lion 18 of the Kerala State Co-operative Land Mortgage Banks Act, 1960, or by the Kerala State Co-operative Bank Ltd., or by a primary agricultural credit co- operative society or by a scheduled bank as defined in the Reserve Bank of India Act, 1934 so long as such lands continue in the possession of the bank;(j)lands purchased by the Kerala Financial Corporation or lands the management of which has been taken over by that Corporation, under Section 32 of the State Financial Corporations Act, 1951, so long as such lands remain in the ownership, or continue under the management, as the case may be, of the said Corporation:[Provided that the exemption under this clause shall not apply in the case of lands the management of which has been taken over by the Corporation on or after the 1st day of April, 1964;] [Added by Act No. 35 of 1969.](k)lands belonging to or held by an industrial or commercial undertaking at the commencement of this Act, and set apart for use for the industrial or commercial purpose of the undertaking:Provided that the exemption under this clause shall cease to apply if such land is not actually used for the purpose for which it has been set apart, within such time as the District Collector may, by notice to the undertaking, specify in that behalf;(l)[***] [Omitted by Act No. 35 of 1969.](m)[ house sites, that is to say, sites occupied by dwelling houses and lands, wells, tanks and other structures necessary for the convenient enjoyment of the dwelling houses.] [Substituted by Act No. 17 of 1972.]Explanation. - For the avoidance of doubt, it is hereby declared that a compound wall shall not he deemed to he a structure necessary for the convenient enjoyment of a dwelling house, if the land on which the dwelling house is situated and enclosed by the compound waif is more than the (and necessary (or the convenient enjoyment of the dwelling house.(n)[***] [Omitted by Act No. 35 of 1969.](o)sites of temples, churches, mosques and cemeteries and burial and burning grounds:(p)sites of buildings including warehouses;(q)commercial sites;(r)land occupied by educational institutions including land necessary for the convenient use of the institutions and playgrounds attached to such institutions;(s)lands vested in the Bhoodan Yagna Committee;(t)lands owned or held by -(i)a University established by law; or(i)the entire income of such lands is appropriated for the University, institution or trust concerned; and(ii)where the University, institution or trust comes to hold the said lands after the commencement of this Act, the Government have certified previously that such lands are bona fide required for the purposes of the University, institution or trust, as the case may be; and(u)lands granted to defence personnel for gallantry.(ii)a religious, charitable or educational institution of a public nature; or(iii)a public trust which expression shall include a wakf; Provided that-(2)[***] [Omitted by Act No. 35 of 1969.](3)[ The Government may if they are satisfied that it is necessary to do so in the public interest -(a)on account of any special use to which any land is put; or(b)on account of any land being bonafide required for the purpose of conversion into plantation or for the extension or preservation of an existing plantation or for any commercial, industrial, educational or charitable purpose, by notification in the Gazette, exempt such land from the provisions of this Chapter, subject to such restrictions and conditions as they may deem fit to impose:Provided that the land referred to in clause (b) shall be used for the purpose for which it is intended within such time as the Government may specify in that behalf; and, where the land is not so used within the time specified, the exemption shall cease to he in force.] [Substituted by Act No. 35 of 1969.](4)[ Notwithstanding anything contained in this Act or in any other law for the time being in force of in any contract or other documents or in any judgement, decree or order of any Court or Tribunal or Taluk Land Board or Land Board or other authority, a person holding plantation and lands ancillary thereto or interspersed within such* plantation, [may, subject to such restrictions and conditions as may be prescribed, use] [Inserted by Act No. 6 of 2012.] not exceeding five per cent of the extent of such holding for floriculture or for the cultivation of Vanila or medicinal plants or other [agricultural crops or for conducting dairy farms] [Substituted 'agricultural crops' by Act No. 6 of 2015.] or for establishing hotels or resorts or other tourism projects and for purposes ancillary or connected therewith.]
