Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975

No: 31 Dated: Nov, 14 1975

THE KERALA SCHEDULED TRIBES (RESTRICTION 0N TRANSFER OF LANDS AND RESTORATION OF ALIENATED LANDS) ACT, 1975

(Act 31 of 1975)

An Act to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith;

Preamble. - Whereas it is expedient to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith;

Be it enacted in the Twenty-sixth Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "competent authority", with reference to any land, means the District Collector of the district in which the land is situate or any other officer appointed by the Government to be the competent authority for the purposes of this Act for the area in which that land is situate;

(b) "immovable property" includes standing crops and trees but does not include growing grass;

(c) "prescribed" means prescribed by rules made under this Act;

(d) "Revenue Divisional Officer", with reference to any land, means the Revenue Divisional Officer having jurisdiction over the area in which that land is situate or any other officer appointed by the Government to perform the functions of the Revenue Divisional Officer under this Act, in the area in which that land is situate;

(e) "Scheduled Tribe" means any of the Scheduled Tribes in relation to the State as specified in the Constitution (Scheduled Tribes) Order, 1950 ;

(f) "State" means the State of Kerala ;

(g) "transfer", in relation to immovable property means an act by which immovable property is conveyed by any documentary or oral transaction, whether by way of mortgage with or without possession, lease, sale, gift or exchange, or in any other manner, not being a testamentary disposition; and includes a charge, 'vilapanayam', 'unduruthi', contract relating to immovable property, mortgage, pledge or hypothecation of crops or standing trees on payment of consideration or other wise, voluntary surrender and abandonment.

Explanation. - For the purposes of his clause,-

(i) "vilapanayam" means hypothecation of crops on payment of consideration or otherwise;

(ii) "unduruthi" means an assignment of the right to collect the usufructs available or anticipated to be avail able on any land during a specified term for a specified price.