Kerala Tenants and Kudikidappukars Protection Act, 1963

No: 7 Dated: Feb, 13 1963

THE KERALA TENANTS AND KUDIKIDAPPUKARS PROTECTION ACT, 1963

(Act 7 of 1963)

    An Act to provide for the tempoarary protection of tenants and Kudikidappukars in the State of Kerala

    Preamble.-Whereas it is expedient to provide for the temporary Protection of tenants and kudikidappukars in the State of Kerala ,

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

1. Short title, extent, commencement and duration.-(1) This Act may be called the Kerala Tenants and Kudkidappukars Protection Act, 1963.

(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 1963.

(4) Upon the expiry of this Act, the provisions of section 4 of the Interpretation and General Clauses Act, 1125 (Act VII of I 125), shall apply as if this Ac.t had then been repealed by an Act of the Kerala State Legislature.

2. Temporary stay of enforcement of rights, privileges, etc. under certain enactments.-During the period of operation of this Act, no suit or other proceedings- 

(i) for the recogintion or enforcement of any right, privilege, obligation or liability acquired, accrued or incurred under the Kerala Agranan Relations Act, 1960 (Act 4 of 1961), or the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962 (Act 18 of 1962), or the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Act XXIV of 1956); or

(ii) for the fixation of fair rent under the Malabar Tenancy Act, 1929 (Act XIV of 1930), shall be instituted in or before any court, tribunal or other authority, and all such suits and proceedings pending before any court, tribunal or other authority at the commencement ofthis Act shall be stayed.

3. Dfinitions.-In this Act, unless the context otherwise requires,-

(1) "Cochin'' means the area comprising-

(i) the portion of the State of Kerala which before the first day of July 1949, formed the State of Cochin, less the enclaves absorbed in the Malabar dtstnct under the Provinces and States (Absorption of Enclaves) Order, 1950, and

(ii) the enclaves w:Hch formed part of the Malabar district absorbed in the State of Travancorc-Cochin under the said Order;

(2) "customary dues" means onakazhcha, utsavakazhcha, perunnalkazhcha or aradiantharam or the like, due by the tenant or allowed to be taken by the landlord annually or periodically on specific dates or at petiodical intervals or on the happening of any event or on the occasion of any festival, specified or not, but does not include rent or michavaram specified as such in the contract of tenancy ;

(3) "eviction" means the recovery of possession of land from a tenant or kudikidappukaran;

(4) "garden" means land used pnncipally for growing coconut trees, arecanut tlees or both or used principally for growing pepper vine;

(5) "holding" means a parcel or parcels of land held under a single transaction by a tenant from a landlord and shall include any portion of a holding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate holding;

(6) ''hut" means any dwelling house which has a value not exceeding four hundred rupees or the monthly rent of which does not exceed four rupees ;

(7) "intermediary'' means any person who, not being a landowner or mortgagee, has an interest in the land and is entitled, by reason of such interest, to posse,ston thereof, but has transferred such possesston to any other person otherwise than by way of mortgage ;