The Kerala Land Development Act, 1964

The Kerala Land Development Act, 1964 (Act 17 of 1964)

(Amended by Act 3 of 1969 Act 6 of 1973 and Act 47 of 1976 & Act 16 of 2000 )

An Act to unify and amend the law relating to the preparation and execution of land Development Schemes including Schemes for the conservation and development of soil resources, the control and prevention of soil erosion and the reclamation of waste lands in the State of Kerala.

Preamble -- WHEREAS it is expedient to unify and amend the law relating to the preparation and execution of land development schemes including schemes for the conservation and development of soil resources, the control and prevention of soil erosion and the reclamation of waste lands, in the State of Kerala.

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

1. Short title, extent and commencement .—

(1) This Act may be called the Kerala Land Development Act, 1964

(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.

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This Act received the assent of the President on 20-6-1964 and was published in K.G.Ex. No. 89 dt.29-6-1964. It came into force on 10-9-1964 as per Notn.No. (p) 602/64/Agri. Dt.10-9-1964. The statement of objects and reasons of this Act is as stated below. The law relating to the preparation and execution of Land Development Schemes for the control and prevention of soil erosion by constructing terraces and other anti-erosion works, now in force in the State is contained in the Travancore-Cochin Land Development Act 1950 (Act XXXVI of 1950) and the Madras Land Improvement Schemes (Contout bunding and Contour Trenching Schemes) Act, 1949 (Act XXII of 1949). It is considered necessary to have a uniform law on the subject applicable to the whole of the State. The Bill is intended to achieve this purpose" (K.G.dt. 2-7-1963) The Select Committee Report was published in K.G.Ex.No.51 dt.13-3-1964.

The Act has been amended by:

(1) Kerala Land Development (Amendment) Act, 1959 (Act 3 of 1969) (11-2-1969)

(2) Kerala Land Development (Amendment) Act, 1973 (Act 16 of 1973) (7-7-1973).

(3) Kerala Land Development (Amendment) Act, 1976 (Act 47 of 1976) (1-1-1977).

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

16[(a) "Board" means the Kerala Land Development Board constituted under section 3;]

16[(b)"Collector" means the Member-Secretary of the District Planning Committee constituted under the Kerala Municipality Act. 1994 (20 of 1994).]

16[(c) "District Committee" means the District Land Development Committee referred to in section 5.]

(d) "Executing Officer" means an Officer appointed under section 13 to execute a scheme;

(e) "Inquiring Officer" means an Officer appointed as such by the District Committee;

(f) “Owner” means any person for the time being receiving or entitled to receive whether on his own account, or as agent, trustee, guardian manager or receiver for another person the rent or profit derivable from land and includes a tenant, an occupant or mortgagee in possession of land;

16 [(ff) "Padasekharam" means a collection of fields or other areas of lands, with or without a common outer bund, which is suitable for the adoption of a common cultivation programme or common agricultural operations including dewatering irrigation;

16(fff) "Padasekharam committee" means a committee constituted under section 7A];

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

(h) "record of rights" means the record of rights and liabilities prepared under section 20;

(i) “scheme” means my land and development scheme prescribed or to be prepared under this Act

(j) "Work" means any work of public utility constructed, erected or carried out or to be constructed, erected or carried out under any scheme under this Act;

[3. Constitution of Board-

(1) The Government shall for the purpose of carrying out the provisions of this Act constitute Land Development Board.

(2) The Board shall consist of –

(a) Small Minister for Agriculture who shall be the Chairman.

47[(aaa) the Secretary to Government, Agriculture Department, ex-officio

16 Inserted by Act 16 of 2000

(b) The Secratary LGS Ex- officio, Secratary, Irrigation Ex-officio, State Land VSc Commission

(c) The Secretary, Local self Government, Ex-officio;

(d) Vice Collector K.A.V, Director, C.W.R.D.A

(e) The State Land Use Commissionor, ex – officio;

(f) The Chief Engineer in charge of Irrigation, ex-officio;

(g) The Chief Conservator of Forest, ex-officio;

(h) The Director of Agriculture, ex-officio;

(i) The Vice Chancellor of Kerala Agriculture University, ex-officio;

(j) The Director, Centre for Water Resources Development and Management, Kozhikode, ex-officio;

(k) The Director Centre for Earth Science Studies, Thiruvananthapuram, ex-officio.

(l) The Director, Kerala Forest Research Institute, Peechi, ex-officio;

(m) Nominee of Indian Council for Agriculture Research.

(n) Nominee of National Remote Sensing Agency.

(3) The Agriculture Production Commissioner shall be the Member-Secretary to the Board.

(4) All communications and orders of the Board shall be issued by the Member-Secretary or by such officer subordinate to him as may be authorized by the Board in this behalf,

4. Functions of the Board.-

(1) The functions of the Board shall be-

(a) to direct the District Committee for the preparation of draft schemes within their respective jurisdiction.

(b) to consider and approve the draft schemes prepared by the District Committees;

(c) to devise ways and means for the speedy execution of schemes sanctioned by the Board or Government.

(d) to fix the physical and financial targets for each district;

(e) to perform such other functions as maybe specified in this Act or in the rules made thereunder;

(f) to advice Government on the strategies to be followed for land and water conservation as well as eco-restoration: and

(g) to advaice Government on the priority areas, technology options, research needs and provide feed-back on works taken up.

(2) Without prejudice to the functions specified in sub-section (1), if any grant is made or loan advanced to the District Committee or Padasekharam Committee under section 18 to carry out any scheme, the Board shall take necessary steps to carry out the scheme by the officer or Padasekharam Committee appointed for the purpose in accordance with the terms and comditions under which such grant or loan is made or advanced and for that purpose the Board shall be competent to issue necessary instructions which shall be complied with by such officer or the Padasekharam Committee, as the case may be.

5. Constitution of District Committees.- The District Planning Committee constituted under the Kerala Municipality Act, 1994 (20 of 1994) shall function as a District Land Development Committee in which the following persons shall also be included, namely:-

(a) the District Agriculture Officer;

(b) the District Soil Conservation Officer;

(c) the Executive Engineer in charge of Irrigation in the District;

(d) the Divisional Forest Officer having jurisdiction in the District

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1[(aaa) the Secretary to Government, Agriculture Department, ex-officio];

(b) the Chairman, Kerala State Electricity Board, ex-officio;

(c) the Chief Engineer in charge of irrigation, ex-officio;

(d) the Chief Conservator of Forests, ex-officio;

2[(e) the Director of Agriculture (Soil Conservation Unit) ex-officio); and

(f) four non-officials to be nominated by the Government.

1 Clause (aaa) Inserted by S.2 of Act 47 of 1976 (1-1-1977). The bill was published in K.G.Ex.540 dt.29-9-76. Statement objects and reasons is as follows: " The Secretary to Government, Agriculture Department, is not a member of the Land Development Board constituted under Section 3 of the Kerala Land Development Act, 1964. The Government consider it necessary that he should be one of the ex-officio members of the Board.

2. According to sub-section (2) (e) of section 3 of the Act the Director of Soil Conservation is an ex-officio member of the Land Development Board. Similarly sub-section (3) of section 3 of the Act provides that the Director of Soil Conservation shall be the Secretary to thew Board. The post of the Director of Agriculture (Soil Conservation has since been abolished and the director of Agriculture (Soil Conservation Unit) soul carring out the function of the Director of soil Conservation also- Hence it has become necessary to make the Director of Agriculture (Soil Conservation Unit) an ex-officio member and Secretary of the Board instead of the Director of Soil Conservation.

3. Sub-Section (1) (b) of section 6 of the Act lays down that an officer of the Government, not below the rank of District Agricultural Officer has to be nominated by the Government to the District Land Development Committee Section 13 of the Act provides that an officer not below the rank of District Agricultural Officer shall be appointed to execute the scheme. Consequent on the creation of the posts of District Soil Conservation Officer in all districts, it has become necessary to substitute the District Soil expression District Soil Conservation Officer" for the expression "District Agricultural Officer" in the above sections.

4. According to section 20 of the Act, preparation of the record of rights and liabilities commences only after the completion of the entire work comprising several holdings in a scheme. In actual practice, it is seen that work in respect of individual holdings is completed at different dates but record of rights and liabilities could be prepared only after the entire workundwer the scheme is completed. It is considered that if the record of rights and liabilities in respect of each holding is prepared after the completion of work in that holding without waiting for the completion of the entire work under the scheme, recovery of part of the cost can be effected much earlier. It is therefore proposed to amend section 20 for the above purpose.

5. The Bill is intended to achieve the above objects"

(3)1[The Director of Agriculture (Soil Conservation)] shall be Secretary to the Board.

(4) The term of office of the members referred to in clause(f) sub-section (2) shall be three years.

Provided that the term of office of a member nominated to fill a case vacancy shall be for the remainder of his predecessor's term of office

(5) A non-Official member may, at any time by notice in writing the Chairman, resign his office.

(6) All communications and orders of the Board shall be issued the Secretary or by such Officer subordinate to him as may be authorised the Board in this behalf.

4. Powers of Government to direct preparation of schemes--Government may, by order, direct the Board to prepare detailed plans estimates for a scheme in respect of any area within a district.

5. Functions of the Board:--2[(1)] The functions of the Board shall be--

(a) to direct, either at its own instance or on the orders of Government under section 4, the preparation by the District Committees of draft schemes within their respective jurisdiction;

(b) to consider and approve the draft schemes prepared by the District Committees;

(c) to devise ways and means for the speedy execution of sachems sanctioned by the Board or Government; Committees;

(d) to fix the physical and financial targets for each district and

(e) to perform such other functions as may be specified in this Act or in the rools made themselves without prejudge to the functions specified in sub-section (1) if any grant is made or loan advanced to the District Committee Padasekharam Committee under section 18 to carry out any scheme and Board shall take necessary steps to carry out the scheme by Officer and Padasekharam Committee appointed for the purpose in accordance with the terms and conditions under which such grant or loan is made or advanced and for that purpose the Board shall be competent to issue necessary instruction which shall be complied with by such officer of the Padasekharam Committee, as the case may be].

6. Constitution of District Committees—

(1) The Government shall constitute for each district a District Land Development Committee consisting of

(a) The Collector;

(b) An officer of the Government not below the rank if 1[the District Soil Conservation Officer] to be nominated by the Government (hereinafter referred to as the District Soil Conservation Officer);

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1 Substituted for the words "The Director of Soil Conservation" in K.G.O.No.701 dt.9-12-76 (Act 47 of 1976).

2 The original section was remembered as sub-section (1). And sub-section (2) was inserted by S.4 of Act 3 of 1989 (11-2-1969).

(c) The Divisional Forest Officer or Officers having jurisdiction in the District;

(d) The Executive Engineer or Engineers in charge of irrigation in the District; and

(e) Four non-officials to be nominated by the Government from that district.

(2) The Collector shall be the Chairman of the District Committee.

(3) The District Soil Conservation Officer shall be ex-officio, the Secretary to the District Committee.

(4) The term of office of the members referred to in clause (e) of sub-section (1) shall be three years:

Provided that the term of Office of a member nominated to fill a casual vacancy shall be for the remainder of his predecessor's term of office.

(5) A non-official member may, at any time, by notice in writing to the Collector resign his office.

2[(6) A non-official member absenting himself from attending three consecutive meetings of the District Committee, shall cease to be a member of the respective District Committee if the committee does not condons such absence.

(7) Nomination to vacancies under sub-section (6) shall be made by the Government].

7. Functions of the District Committee.--The functions of the District Committee shall be--

(1) 16[to make recommendations to the Board as to the area in the district for which schemes may be prepared;]

(2) 16[to prepare schemes for areas in he district on the direction of the Board;]

(3) to perform such other functions pertaining to land development as may be specified in this Act or in the rules made thereunder;

(4) to execute the sanctioned schemes; and

(5) to carry out the instructions issued by the Board from time to time.

(6) 16[To issue approval for the schemes prepared.]

(7) Nominations to vacancies under sub-section (6) shall be made by the Government.

3[7A Padasekharam Committee –

(1) The District Committee, wherever necessary or if directed by the Board or the Government, shall constitute a padasekharam Committee for the Padasekharam consisting of such number of members not exceeding twenty-one as may be fixed by the Government to be elected in the manner prescribed at a meeting of the owners of the Padasekharams from among themselves.

(2) The members of the Padsekharam Committee shall elects a president who shall preside over the meetings of the Committee and shall have and exercise a second or casting vote in the case of an equality of votes.

(3) Subject to the provisions of this section every member of the Padasekharam Committee shall hold office for a period of three years from the date of the declaration of his election to the padasekharam Commi9ttee but shall be eligible for re-election;

Provided that a member elected shall cease to be a member of the committee.--

(i) When he ceases to be the owner of any land in the padasekharam;

(ii) if the continously absents himself from three consecutive meetings of the Committee and if the Committee does not condone such absence.

(4) Any member of the Padasekharam Committee may resign by tendering his resignation in writing to the Chairman of the Committee and on such resignation in writing to the Chairmas of the Committee and on such resignation being accepted by the Committee, the member shall be deemed to have vacated his office.

(5) The padasekharam Committee shall continue in office even after the expiry of its terms till anew committee is duly constituted.

(6) When the Office of any member of the Committee becomes vacant by resignation or death or otherwise, a new member shall be elected in the manner prescribed for the election of members and the member so elected shall hold office for the period for which the member in whose vacancy he is elected would have held office.

7B Functions of the Padasekharam Committee.—

The padasekharam Committee, on appointment by the District Committee as agents for the execution of any scheme, shall execute such scheme.

The other duties and functions of the Padasekharam Committee and the procedure to be followed in the meeting of such committee shall be as may be prescribed.

Without prejudice to the provisions of this Act and the rules issued hereunder the Padasekharam Committee may make bye-laws which shall have the approval of the Government].

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1 Substituted for the words " The District Agricultural Officer" by S.3. of Act 47 of 1976 (1-1-1977)

2 Sub-sections (6) and (7) inserted by S.5 of Act 3 of 1969. (11.2.69).

3.Ss.7A and 7B inserted by S 6 by Act 3 of 1969 (11-2-1969)

16[7C. Watershed Committee -

(1) The District Planning Committee constituted under the Kerala Municipality Act, 1994 (20 of 1994 ) may constitute Watershed Committee to assist the District Land Development Committee.

(2) The manner of constitution of Watershed Committee shall such as may be prescribed.

7D. Functions of the Watershed Committee.- The Watershed Committee shall exercise such powers and discharge such duties as may be prescribed.]

8. Matters for which a scheme may provide.--A scheme made under this Act may provide for all or any of the following matters, namely:--

(a) control and prevention of soil erosion;

(b) preservation and improvement of soil erosion;

(c) reclamation of waste, saline or water-logged areas;

(d) improvement in the methods of cultivation and extension of cultivation;

(e) construction of earth and mesonry works in the fields, guilties and ravines including construction of catch water drains and contour bunding wherever necessary;

(f) construction of permanent bunds in water-logged lands for increasing agricultural production;

(g) regulation or prohibition of cutting down or destroying of trees and other growths; setting on fire of trees, timber, forest produce or other wild growths;

(h) planting or growing of trees, shrubs or grasses for the purpose of aforesting uncultivable land or for providing shelter belts against wind or sand or for any other purpose;

(i) control and maintenance of tree growth;

(j) improvement of water supply;

(k) consolidation of the holdings of cultivators in an area for the better use of land;

(l) training of canals, streams and rivers to prevent bank eroslon;

1[x x x x x]

2[(m) Providing pumpsets and platforms for the erection of such pumpsets for dewatering process;

(n) Providing channels for watering and dewatering purposes; and]

3[(o) Such other matters not inconsistent with the objects of this Act, as may be prescribed].

9. Preparation of Schemes:--4(1) On receipt of an order from the Government under Section 4, or if the Board is satisfied on the recommendation of the District Committee or Padasekharam Committee or othersie that it is necessary to do so, it shall direct the District Committee to prepare a draft scheme in consultation with the Padasekharam Committee for the specified area in that district].

(2) On the receipt of a direction under sub-section (1), the District Committee shall prepare a draft scheme containing the following particulars:--

(a) the objects of the scheme;

"9 Preparation of Schemes:--

(1) On receipt of an order from the Government under Section 4 or if the Board is satisfied on the recommendationof the District Committee or otherwise, that it is necessary to do so. It shall direct the District Committee to prepare a draft scheme for the specified area in that district".

(b) the boundaries and approximate area of the lands to be included in the scheme;

(c) the persons, including the Government, who will be affected by the scheme;

(d) the work to be carried out under the scheme;

(e) the agency or agencies through which the work shall be carried out; and

(f) such other particulars as may be prescribed.

(3) On preparation of the draft scheme the District Committee shall appoint an Officer called the inquiring officer, for the purposes hereinafter specified.

10. Publication of scheme and inviting objections:--

(1) Copies of the draft scheme together with the connected maps and plans. If any, shall be made available by the Collector for inspection by the public, free of charge in every village and at the headquarters of the taluk, in which the lands included in the scheme are situated, at such places as he may direct.

(2) A general notice shall be published in two newspapers having circulation in the locality, as the Collector may direct--

(a) intimating that the draft scheme has been prepared and that copies thereof have been kept and may be inspected by the public, free of charge, at the places aforesaid;

(b) requiring all person affected by the draft scheme who wish to make any objections to it or any part thereof to submit their objections in writing to the inquiring officer to to appear before him and state their objections within thirty days of the publication of the notice.

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1 The word "and" omittted by S.7 of Act 3 of 1969.

2 Inserted by Act 3 of 1969.

3 Renumbered ibid

4 Substituted by S.8 ibid It can as follows:--

(3) On receipt of such notice the District Committee shall inform the owner of the land in which such works are to be carried out and fix a date before which the owner shall carry out the works.

(4) If such owner fails to carryout the work to the satisfaction of the District Committee before the date fixed or within such further time as may be allowed, or at any time intimate to the District Committee in writing his inability to do so, the District Committee may require the Executing Officer to carry out the work and recover the expenses incurred for the purpose from the owner in such manner as may be prescribed.

(5) Where the owner of any land included in the scheme is the Government the Department of the Government which has the control or the management of such land or the Executing officer. If so directed in this behalf by the District Committee, the Board of the Government shall carry out the works which the Government as the owner of the land is liable to carry out under the scheme

[11. Report of the Inquiring Officer.- The Inquiring Officer shall enquire into the objections received or recorded by him and submit them to the District Committee together with his report hereon and his recommendations, if any, for the modification of the draft scheme;

[12. Power of the Board and the Government to sanction scheme with or without modifications. –

(1) After considering the objections and the report and recommendations of the Inquiring Officer and any further report which the District Committee may require from him, the District Committee shall forward the scheme to the Board with its comments.

(2). The Board may sanction the scheme with or without modifications or reject the scheme and direct that in lieu thereof a fresh scheme be prepared and submitted for sanction:

Provided that the Board shall submit the scheme to the Government for its orders,-

(a) where the owners of more than fifty percent of the area of the lands included in the scheme, other than Government lands, have made objections to the draft scheme or part hereof; or

(b) where the draft scheme has been prepared in pursuance of an order of the Government under section 4.

(3) Where a draft scheme is submitted to the Government under sub-section (2), they may sanction the draft scheme with or without modifications or may reject it and direct that a fresh scheme be prepared and submitted for their approval.

(4). The scheme as sanctioned by the Board or the Government, as the case may be, under sub-section (2) or sub-section (3) shall be published by notification in the Gazettee and such notification shall state at what place and time the scheme will be open to inspection of the public.

(5). The Scheme shall come into force on and from the date of publication of the notification in the Gazette under sub-section (4).

13. Appointment of Executing Officer.- When a scheme comes into force the District Committee shall appoint an officer, not below the rank of a District Agricultural Officer, not below the rank of a District Agricultural Officer, to execute the scheme.

14. Power to enforce scheme. –

(1) Every owner of land included in the scheme shall pay the cost or part of the cost, as the case may be, of the work which under the scheme is carried out by the Government in his land at the cost or part of the cost of the owner.

[16 2deleted]

[16 3 deleted]

[16 4 deleted]

(5) Where the owner of any land included in the scheme is the Government, the Department of the Government which has the control or the management of such land or the Executing Officer, if so directed in this behalf by the District Committee, the Board or the Government, shall carry out the works which the Government as the owner of the land is liable to carry out under the scheme.

15. Power of Government to carry out works under a scheme.—

(1) Notwithstanding anything contained in this Act, the Government may, in the case of any scheme which has come into force under sub-section (5) of section 12, direct either by order or by notification in the Gazettee that any work under the scheme to be carried out by the owners of the lands shall be carried out by the Government, with such alteration or modification as the Government deem necessary and that the cost of such work shall be recovered in whole or in part from the owners of the lands included in the scheme in such proportion as 1[the Padasekharam committee may with the approval of the District Committee fix] having regard to the area or assessment, or both of the lands included in the scheme 2{if the padasekharam Committee fails to fix the proportion of the cost to be recovered from the owners within such time as may be prescribed, the Government may fix such proportion having regard to the matters specified above];

3[Provided that the Government may appoint the Padasekharam Committee as agents to execute any work to be carried out by the Government].

(2) The cost directed to be recovered under sub-section (1) together with interest at such rates as the Government May determine, shall be recoverable from the owners concerned in such number of equated annual instalments payable on the date as may be prescribed:

Provided that where a person commits default in the payment of three consecutive installments, the entire unpaid balance shall become immediately payable, unless otherwise ordered by the Government.

[15A. Power of Government to direct local authority to take up scheme.- Notwithstanding anything contained in this Act, the Government may direct any local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994) to take up schemes for watershed management in the priority areas based on the advice of the Board.]

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1 Substituted for " a District Agricultural Officer" by S.4 of Act 4 of 1976 (1-1-1977).

2 Inserted by S.9 of Act 3 of 1969 (11-2-1969)

1 Substituted by S.10 of Act 3 of 1969 (11-2-1969)

2 Inserted ibid

3. Added ibid.

16. Liability of persons whose lands are not included in the scheme to contribute.—

(1) If, in consequence of any work, carried out under section 14 at the expense of the owner of any land under the scheme, anyperson (including the Government) other than the owner of the land in which the work is done, is or is likely in the opinion of the District Committee, to be benefitted by such work, such person shall pay, by way of contribution such amount, within such time and in such manner, as the District Committee may determine to the owner of the land if the work is carried out by him, or to the Government if the work is carried out by the Executing Officer:

Provided that, before any person is required to Pay any such contribution, he shall be given a reasonable opportunity of making his representation if any, is regard to the matter:

Provided further that Government may, in such cases as they deem fit, walve in whole or in part their claim for contribution by any person in respect of any work carried out by the Government on lands owned by them.

(2) If default is made in the payment of such contribution within the time determined in that behalf in pursuance of sub-section (1). The Collector or any person authorised by him in this behalf shall recover the amount from him and shall pay the same to the owner.

17. Reference to Court.—

(1) Any owner or other person like to pay the expenses under section 14 or to contribute towards expenses under section 15, who objects to the amount of such liability may, by written application to the District Committee, stating the grounds on which objection is taken, require that the matter may referred for the determination of the court.

(2) The application shall be presented within a period of one month from the date of the order fixing the liability but the District Committee may admit an application presented after the expiry of the said period if it is satisfied that the applicant had sufficient cause for not presenting it within the said period of one month.

The District Committee shall thereupon, cause a reference to be made in the Court by the Collector.

(3) The procedure laid down under the Kerala Land Acquisition Act 361 relating to references to Court under the said Act shall, as far as may apply to refernces to Court under this section.

Explanation--"Court" in this section shall mean the District Court having jurisdiction over the whole or major portion of the area in which such work is carried out.

1[18. Power to make, grant or advance loan.--The Government may make a grant or advance a loan to a District Committee or a Padsekharam Committee or anyperson or stand guarantee for the payment of any loan enhanced by any bank or other financial institution to a District Committee or Padasekharam Committee or any person for carrying out any work under the scheme sanctioned under this Act on such terms and conditions as may be prescribed].

19. Right of entry.--For the purpose of preparing, sanctioning, inquiring or executing any scheme or for inspecting any work, any of the slowing Officers or persons may, after giving such notice as may be prescribed, to the owner, enter upon, survey and mark out such land and do at such other acts as may be necessary for the purpose of preparing, executing into or executing any scheme or for the purpose of inspecting works already carried out as the case may be, under a scheme;

(a) the Executing Officer;

(b) the inquiring Officer;

(c) the Collector;

(d) the Chairmas orany Member or Secretary of the Board or the Committee 2 [or anymember or president of the Padasekharam Committee].

20. Records of Rights and Liabilities:-- 47[(1) The Executing Officer of the Padasekharam Committee, as the case may be, executing the work, shall as soon as may be after the completion of the work in anyland included in a scheme, prepare a statement setting out--

(a) the name of the owner of such land;

(b) the nature and extent of the work carried out in such land;

(c) the total amount to be recovered from the owner;

(d) the period within which such amount is to be recovered;

(e) the person or persons liable tomaintain and repair the work

(f) the rights, if any, of the owner as regards the use of the work; and

(g) such other matters as may be prescribed.

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Section 18 was substituted by S.11. of Act 3of 1969 (11-2-1969).

Inserted by S.12 of 1969 (11-2-1969)

(1A) The amount specified in the statement prepared under sub-section (1) as the total amount to be recovered from the owner shall be liable to be enhanced or reduced if on the apportionment of the total cost of the scheme among the beneficiaries it is found that such amount is less or more than the amount due from such owner.

(1B) The statement prepared under sub-section (1) shall be communicated by the Executing Officer or the Padasekharam Committee, as the case may be, to the owner of the land in which the work has been carried out] .

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1 Inserted by S.12 of Act 3 of `1969 (11-2-1969).

2 Substituted for Sub-Section (1) by S.5 of Act 47 of 1976 (10-1-1977). It ran as follows:--" (1) The Executing Officer or the Padasekharam Committee, as the case may be, executing the work shall as soon as may be after the execution of the work, prepare a statement setting out--

(a) the names of the owners of the lands includes in the scheme:

(b) a map and plan showing the situation, nature and dimensions of the said works;

(c) the cost thereof;

(d) the total amount to be recovered from the owners;

(e) the general rate per hectare or per rupee of assessment per annum at which such amount is to be recovered from the owners.

(f) The periods within which such amount is to be recovered,

(g) In regard to each such work the owner or owners liable to maintain and repair it, and the extent of the liability of each such owner,

(h) The rights, if any, of the owners or any of them as regards the use of any such works, and

(i) Such other matters as may be prescribed".

(4) An appeal shall lie to the Collector within two months from the date of publication of the notice referred to in sub-section 92) in respect of any error which may have occurred in the preparation of the statement REFERRED TO IN SUB-SECTION (1) If the collector is satisfied that the error is not be revise the statement with a view to rectify such error whenever the statement is revised as aforesaid, notice shall be given of the set of such revision in the prescribed manner.

21. Obligation of Owners of lands to maintain and repair the works—

(1) Every person shown in the statement prepared under section 20 as liable to maintain and repair any work shall, to the satisfaction of the Collector, maintain and repaid the work in his own land and in any other land in respect of which he is shown as liable in the said statement

(2) If any such person fails to maintain or repair the work the collector shall issue notice to him to maintain or repair it within a period to be specified and on his failure to comply with such direction within the time fixed by the Collector, the Collector shall cause the work to be maintained or repaired and the expenses incurred thereby, shall be recovered from the owner and such other persons, if any liable to contribute.

(3) Any dispute as to the amount to be recovered under sub-section (2) shall be decided by the Collector and his decision shall be final.

22. Notification of areas and control over them.--Whenever it appears that in any area it is desirable to provide for the conservation of sub-soil water or the prevention or mitigation of erosion of lands the Government shall, by notification in the Gazette, declare that area as a notified area for the purposes of this Act.

23. Power to regulate, restrict or prohibit certain matters within the notified area --In respect of such area as notified in Section 22 or part thereof, the Government may, by order published in the Gazette, regulate, restrict, or prohibit .

(a) the clearing or breaking up of land or the cultivation of lands;

(b) the Quarrying of stones or burning of lime;

(c) the cutting of trees and timber, collection, removal or subjection to any manufacturing process otherwise than as prescribed in clause(b), of any forest produce for the purpose;

(d) the setting on fire of trees; timber or forest produce;

(e) the admission, herding, pasturing or retention of cattle or any class or description of cattle; and

(f) the grant of permits to the inhabitants of towns and villages siotuated within the limits or in the vicinity of the areas specified in the order--

(i) to take any tree, timber or forest produce, for their own use: or

(i) to pasture cattle; or

(ii) to erect buildings in such areas and the production and return of such permits by such persons.

24. Proclamation of order under section 23 and admission of claims for compensations.—

(1) Upon the publication of an order under section 23, the Collector shall cause to be published in every village or town in which any part of the area specified in such order is situated a proclamation in the language of the locality as provided in sub-section (2).

(2) The proclamation referred to in sub-section (1) shall contain the terms of the order and shall also require every person claiming any compensation in respect of any right, the exercise of which is restricted or prohibited by the order, to prefer his claim to the Collector with such particulars and within such period as may be prescribed.

(3) Any claim not preferred within the prescribed period shall be rejected.

Provided that the Collector may admit a claim after such period if he is satisfied that the claimant had sufficient cause for not preferring the claim within such period.

25. Inquiries into claims and award of compensation.—

(1) The Collector shall proceed to inquire in the prescribed manner into every claim admitted under section 24.

(2) For the purpose of such inquiry the Collector shall exercise all or any of the powers of a civil court, for the trail of suits under the Code of Civil Procedure, 1908

(3) The Collectore shall after such enquiry make an award in writing with respect to each such claim, setting out therein the following particulars namely:--

(i) the person making the claim;

(ii) the nature and extent of the right claimed;

(iii) the extent to which the claim is upheld;

(iv) the amount of compensation awarded and the persons to whom is is payable.

(4) The Collector shall give notice in the prescribed manner of his award to claimants or their representatives and to persons to whom compensation is payable.

26. Method of awarding compensation.—

(1) in determining the amount of compensation the Collector shall be guided so far as may be, by the provisions of the Kerala Land Acquisition Act, 1961 and as regards matters which cannot be dealt with under these provisions, by what is just and reasonable in the circumstances of each case.

(2) If any case the exercise of any right is prohibited or restricted for a time only, compensation shall be awarded only in respect of the period during which the exercise of such right is so prohibited or restricted.

27. Amount to be recoverable as arrears of land revenue.--All amounts payable to, or recoverable by, the Government, the Board or the District Committee or the 1[Padasekharam Committee or] any Officer of Government under this Act, shall be recoverable in the same manner as arrears of land revenue.

28. Permission to owners to increase rent on account of improvements effected.—

(1) Notwithstanding anything contained in the Kerala Land Reforms Act, 1963 or in any other law for the time being in force or in any contract, it shall be lawful for the owner of any land, included in a scheme as liable to carry out anywork, to enhance the rent payable by a tenant holding under him, if such tenant is benefited by the work under the scheme and there has been increase in the yield of the holding. The enhancement of rent shall be in proportion to the increase in the yield and subject to such conditions as may be prescribed.

(2) The District Committee shall decide whether or not there has been any increase in yield and if there has been the quantity of such increase and the extent to which the tenant has benefitted they have, and the decsion of the District Committee shall be final.

29. Certain Officers to be Public Servants.--The Chairman and Members of the Board and District Committees and all offficers and persons authorised or appointed under any of the provisions of thisAct shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

30. Protective of persons acting in good faith limitation of suits and prosecutions.—

(1) No suit or other proceeding shall lie against the Government or the Board or a District Committee for any act done or purporting to be done under this Act or any rule made thereunder.

(2) No suit, prosecution or other legal proceedings shall be instituted against anypublic servant or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act or rules made thereunder.

(3) No suit or prosecution shall be instituted against any public servant or person duly authorised under this Act in respect of anything done or intended to be done under this Act unless the suit or prosecution has been instituted within six months from the date of the act complained of

31. Vacancies amongst members or defect in the constitution not in invalidable proceedings of the Board or 1[the District Committee or the Padasekharam Committee ]--No prpceedings of the Board or a District Committee 2[ or the Padasekharam Committee] shall be invalid by reaqsons only of the existence of any vacancy amongst its members or any defect by the constitution thereof.

32.Scheme relating to areas lying in more than one district .—

(1) Notwithstanding anything contained in this Act. It shall be competent for the Government or the Board to sanction the preparation of a scheme in respect of areas lying in more than one district.

(3) While issuing the sanction or at any time thereafter, the Government or the Board, as the case may be, may direct the District Committee within whose jurisdiction the major portion of such area lies, to prepare a draft scheme containing the particulars specified in sub-section (2) of section 9.

(4) The District Committee so directed shall prepare a draft schemed as if the same relates to area entirely within its jurisdition and thereafter the provisions of this Act and the rules made thereunder shall, so far as may ne, apply in respect of such scheme.

33. Power to make rules.—

(1) The Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as possible before the Legislative Assembly. While it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly make any modification in the rule, or decide that the rule should not be issued, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be so however, that any such modification or annulement shall be without prejudice to the validity of anything previously done under that rule.

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1 Inserted by S.14 of Act 3 of 1969 (11-2-1969)

1 Substituteed by S.15 of Act 3 of 1969 (11-2-1969).

2 Inserted ibid.

34. Repeal--The Travancore-Cochin Land Development Act,1950 (ACT XXXVI of 1950) and the Madras Land Improvement Schemes (Contour Bunding and Contour Trenching Schemes) Act. 1949 (ACT XXII of 1949) as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), are hereby repealed.

35. Certain Scheme and Saving of work carried out under the Travancore-

Cochin Land Development Act, 1959--(1) Any scheme prepared, any proceeding or action taken and anything done in pursuance of any agreement executed by any owner relating to soil conservation before the commencement of this Act, shall, notwithstanding anything to the contrary in such agreement, be deemed to have been prepared, taken or done under this Act by the Board and shall have effect accordingly, notwithstanding that it is inconsistent with this Act.

(2) Notwithstanding the repeal of the Travancore-Cochin Land Development Act, 1950, where any scheme has been prepared relating to soil conservation under the said Act, and any work, which a land owner is liable to carry out under the scheme, has been taken in hand or carried out by the Government or any officer subordinate to them in any land included in the scheme, then any work taken in hand may be completed, may recovered under sub-section (3) of section 9 of the said Act from the land owner liable to execute such work, notwithstanding the fact that no notice as required under sub-section (2) of the said section 9 had been served on the owner, or that the owner had not failed to carry out the work.