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State of Kerala - Section

Section 18 in Kerala Land Reforms Act, 1963

18. General conditions and restrictions applicable in resumption under Sections 14, 1 5, 16 and 17.

- Resumption of land under Sections 14, 15, 16 and 1 7 shall also be subject to the following conditions and restrictions, namely, -
(1)in respect of tenancies subsisting at the commencement of this Act, no application for resumption shall be made after a period of one year from such commencement ;[Provided that where the landlord is-
(i)a minor; or
(ii)a person of unsound mind; or
(iii)a member of the Armed Forces or a seaman and the ten ant is entitled to fixity of tenure; or
(iv)a legal representative of such member or seaman, and such member or seaman was the landlord of the land in respect of which resumption is claimed, the application for resumption may be made within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969:
Provided further that in case of a landlord referred to in clause (iii) or clause (iv) of the foregoing proviso, the application for resumption may be made after expiry of the said period of six months and before the date notified under Section 72, if such landlord was prevented by sufficient cause from making the application within the said period of six months;] [Inserted by Act No. 35 of 1969.]
(2)the right of resumption in respect of a holding shall be exercised only once, and the order of the Land Tribunal allowing resumption shall be given effect only at the end of an agricultural year;
(3)no kudiyiruppu shall be resumed;
(4)[ no land in the possession of tenant who is a member of a Scheduled Caste or Scheduled Tribe shall be resumed.] [Inserted by Act No. 35 of 1969.]