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State of Kerala - Section

Section 12 in Kerala Land Conservancy Act, 1957

12. Prior notice to occupant, etc.

- The Collector shall, before passing an order under this Act, give notice to the occupant or other person likely to be affected by the order, and record any statement which such occupant or person may make and any evidence which he may adduce within a reasonable time; and all orders passed by the Collector under this Act shall be in writing and under his hand.[Provided that no such notice shall be necessary-
(i)when the Collector takes action under sub-section (3) of section 11; or
(ii)in the case of any person unauthorisedly occupying any land which is the property of Government, if, within a period of two years prior to the date of such occupation, he had been evicted from such land under section 11 or had vacated such land voluntarily after the receipt of a notice under this section or section 11.]
[The Collector may require any subordinate officer not below the rank of Deputy Tahsildar or any other officer authorised by the Government in this behalf to hold the enquiry as prescribed in the preceding paragraph and submit the record to him; and on such record the Collector may pass orders.] [Substituted by Act 11 of 1971.]