Kerala Stay of Eviction Proceedings Act, 1967

No: 9 Dated: Jul, 30 1967

THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 1967

(Act 9 of 1967)

    An Act to provide for the stay of eviction to tenants and kudikidappukars and for matters connected therewith.

    Whereas it is expedient to provide for the stay of eviction of tenants and kudikidappukars and for matters connected therewith;

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

1. Short title, extent, commencement and duration:- (1) This Act may be called the Kerala Stay of Eviction Proceedings Act, 1967.

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

(3) It shall come into force at once and shall cease to have effect on the 31st day of December, 1968.

(4) Upon the expiry of this Act, the provisions of section 4 of the Interpretation and General Clauses Act, 1125 (VII of 1125), shall apply as if this Act had then been repealed by an Act of the Kerala State Legislature.

2. Defination:- In this Act, unless the context otherwise requires, the terms "court", "eviction", ("holding", "improvement", "kudikidappu", "kudikidappukaran", "Land Tribunal" "rent", "resumption" and "tenant" shall have the meanings respectively assigned to them in the kerala 1963 (1 of 1964).

4. Exemptions:- Nothing in this Act shall apply to-

(a)  lands or buildings or both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India;

(b) any lease of land or building or both granted by the Administrator-General, Official Trustee or Official Receiver.

Explanation.-For the purposes of this clause,-

(a) a lease to a person who was a tenant on the date on which the land or building or both came, under the control of the Administrator-General or the Official Trustee or the Official Receiver; or

(b) a lease renewed in favour of any such person, shall not be deemed to be a lease granted by the Administrator-General or the Official Trustee or the Official Receiver.