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[Cites 0, Cited by 1] [Section 88] [Entire Act]

State of Kerala - Subsection

Section 88(3) in Kerala Land Reforms Act, 1963

(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.