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[Cites 0, Cited by 0] [Section 132] [Entire Act]

State of Kerala - Subsection

Section 132(4) in Kerala Land Reforms Act, 1963

(4)
(i)The Kerala Agrarian Relations Act, 1960, is hereby repealed.
(ii)Notwithstanding the repeal of the Kerala Agrarian Relations Act, 1960 (hereinafter referred to as the said Act), -
(a)all applications for determination of fair rent filed or purported to have been filed under the said Act, in which no order determining the fair rent had been passed by the Land Tribunal, shall be deemed to have been filed under this Act and shall be disposed of according to the provisions of this Act;
(b)where the Land Tribunal constituted or purported to have been constituted under the said Act had passed an order determining the fair rent in respect of a holding, but an appeal or application for revision in respect of such order was pending before the Appellate or revising authority at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedings under the said Act were stayed under the Kerala Tenants and Kudikidappukars Protection Ordinance, 1962, as the case may be, in its or their application to the land comprised in the holding, such Appellate or revising authority shall reopen the matter and dispose of it in accordance with the provisions of this Act, and, for that purpose, shall have all the powers of the Appellate or revising authority, as the case may be, under this Act;
(c)Where the Land Tribunal constituted or purported to have been constituted under the said Act had passed an order determining the fair rent in respect of a holding, but the time for preferring appeal or revision in respect of such order had not expired at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedings under the said Act were stayed under the Kerala Tenants and Kudikidappukars Protection Ordinance, 1962, as the case may be, in its or their application to the land comprised in the holding, any party aggrieved by the order of the Land Tribunal may, within three months from the commencement of this Act, prefer an appeal or an application for revision against such order before the Appellate or revising authority under this Act, and thereupon such authority shall re-open the matter and dispose of it in accordance with the provisions of this Act;
(d)in cases where orders determining fair rent have been passed or purported to have been passed under the said Act and such order had become final, such orders shall be deemed to have been passed under this Act for purposes of payment of fair rent;
(e)notwithstanding anything contained in this Act, the fair rent referred to in sub-clause (d) shall be the rent payable by the cultivating tenant, but such fair rent shall not be taken as the basis for the determination of the purchase price under Section 55, and the fair rent for the determination of such purchase price shall be the fair rent determined under this Act.
(iii)Subject to the provisions of clause (ii), the said Act or the rules, notifications or orders made or issued thereunder, shall not be deemed to have conferred any right or imposed any liability on any person, as if the said Act had not been enacted.