65. [ Special provisions relating to religious charitable or educational institution of a nature. [Substituted by Act No. 35 of 1969.]
(1)Notwithstanding anything contained in Sections 53 to 64, where in respect of a holding the landowner or the intermediary is a religious, charitable or educational institution of a public nature, such institution may, by application to the Land Board, choose whether the right, title and interest of the institution in respect of the holding should be vested in the Government in consideration of the payment of an annuity in perpetuity by the Government or whether it should be paid such annuity by the Government instead of purchase price in case the holding is purchased by the cultivating tenant under the provisions of this Act:Provided that no such application shall be entertained by the Land Board on or after the date notified by the Government under Section 72.[Explanation. - in this Sub-section, the expression institution of a public nature includes a public trust and a wakf.] [Substituted by Act No. 35 of 1969.](2)If any question arises as to whether an institution is a religious, charitable or educational institution of a public nature, the question shall be decided by the Land Board after such enquiry as it deems fit, and its decision thereon shall be final.(3)The annuity payable to an institution in respect of a holding shall be:-(a)Where such institution is the landowner, an amount equal to the rent to which it would be entitled if fair rent were determined in respect of the holding, after deducting 2 1/2 per cent thereof by way of collection charges:(b)Where such institution is the intermediary, an amount equal to the difference between the rent due to such institution from its tenant and the rent for which such institution is liable to its landlord if fair rent were determined in respect of the holding, after deducting 2 1/2 per cent of such difference by way of collection charges.Explanation I. - For the purpose of this Sub-section, "fair rent" means, the fair rent that would be determined under the provisions of this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969.Explanation II. - Where the rent payable to a, institution is in kind, the annuity payable shall be commuted into money at the average of the prices of the commodity for six years immediately preceding the year in which the annuity is determined.]
