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State of Kerala - Section

Section 106A in Kerala Land Reforms Act, 1963

106A. [ Special provisions relating to buildings used by kudikidappukars for commercial or industrial purposes. [Inserted by Act No. 35 of 1969.]

(1)Notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any decree or order of court, wherein any land in which a kudikidappu is situate, the kudikidappukaran has constructed a building for any commercial or industrial purpose before the 20th May. 1967, and such kudikidappukaran was carrying on any trade, business or industry in such building without interruption from the date of construction of the building till the 1st July, 1969, he shall have the right, subject to the provisions of Sub-section (2), to carry on such trade, business or industry in such building without interference by the person in lawful possession of the land in which the building is situate:-
(2)The kudikidappukaran shall he liable to pay rent as specified below for the use and occupation of the building to the person in lawful possession of the land in which the building is situate:-
(a)if the kudikidappukaran was liable to pay arty rent for the use and occupation of the building before the commencement of the Kerala Land Reforms (Amendment) Act:1969, such rent:
(b)in other cases, such rent as may be determined by the Land Tribunal having regard to such matters as may he prescribed.
(3)Nothing contained in Sub-sections (1) and (2) shall apply to buildings constructed on lands owned or held by the Government of Kerala or a local authority.Explanation. - For the purpose of this Section, "building" means a permanent or a temporary building and includes a shed.]