Nothmg in this Act shall be deemed to apply to any industry declared to be a scheduled mdustry under the Industries (Development and Regulation) Act, 1951 (65 of 1951), or to affect any of the proviSions of the sa1d Act.
• 43 ORDINANCE No 1 OF 1957.
THE KERALA STAY OF EVICTION PROCEEDINGS ORDINANCE, 1957.
Promulgated by the Governor of Kerala in the Eighth Year of the Repubhc of India.
An Ordinance to stay eviction of tenants, Kudikidappukars and certain other classes of persons cultwatmg land Preamble.-WHEREAS the Legislative Assembly of the State of Kerala 1s not 1n session and the Governor of Kerala 1s satisfied that circumstances ex1st which render it necessary for h1m to take immediate actiOn to prov1de for the temporary protection of tenants.~fKudik1dappukars and persons cultivating land on varom, Sambalapattom or other s1m1lar arrangements pendmg enactment of a comprehensive legislatiOn relatmg to tenancy and agrarian reforms, Now, therefore, in exercise of the powers conferred by clause (1) of arucle 213 of the Constitution of Ind1a, the Governor of Kerala 1s pleased to promulgate the followmg Ordinance :-
1. Shor(tttle, extent and commencement.-(!) Th1s Ordmance may be called the Kerala Stay of Ev1ct10n Proceedmgs Ordm nance, 1957.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once. ·
2. Definition.-In this Ordinance, unless the context other wise requires- (!) "holdmg" means any immovable prop~rty held under a single transaction by wh1ch a lease-hold right m the property is created and possession of the property lS transferred by one person m favour of another.
Explanation.-Holding shall also include Kanapattom :
Provided that in relatiOn to cases governed by the Malabar Tenancy Act, 1929 and the Madras Cult1vatmg Tenants Protection Act, 1955, "holdmg ·• shall have the meanmg res- ; pectively assigned to 1t in tho:.e Acts ;
(2) ••hut" means any bulldmg wh1eh lS constructed principally of wood, mud, leaves, grass or thatch ;
(3) "Kudikidappukaran" means a Kudikidappukaran as defined in the Travancore-Cochln PreventiOn of Eviction of Kud1kidappukars Act, 1955, and mcludes any person in occupa tion of a hut (whether constructed by h1m or not) many portion of a land belongmg to and 1n the possessiOn of another and who has been permitted by the latter to occupy that hut but other wise has no mterest m the land;
-Published in the Gazette Extraordmary dated 11th Apnl, 1957.
44
(4) ••Kudiyirippu .. means a Kudiyiruppu as defined in the Travancore-Cocbm Prevention of Eviction of Kudikidappu kars Act, 1955, and includes a hut occupied by the Kudi kidappukaran ;
(5) "Varomdar" means a person who under the ~ystem known as Varom, Pathivarom, Pankuvarom or Pankupattom or by any other name, has agreed, whether m writing or not, for the cultivation and sharmg of the produce of the land!of another person.
(6) "Varom agreement'' means an a5reement, whether m writmg or not, entered mto between the Varomdar and the owner or other person m possession uf the land for the cultiva tion and shanng of the produce of the land.
3. Appiication.-Nothing in this ordinance shall apply to
(a) lands owned by the Government, or
(b) rights created by the Admm1strator General, Offi'~Ial Trustee or Offictal Receiver or by any officer appomted by a Court under the provisions of any law or by any person holdmg under or denvmg title from any such officer; or
(c) bwldmgs rented out mcluding houses, shopl. or ware houses and the Sites thereof together with the gardens or lands appurtenant thereto.
Explcmation.-For the purpose of th1s clause a hut which is a kudiyiruppu shall not be deemed to be a buildmg; or
(d) lands or buildings or both given on lease for mdus triai or commercial purposes; or
(e) lands transferred for fellmg timber or for fugitive cultivation or for plantmg tea, coffee, rubber or any other special crop prescribed by a rule or order made by the Government or the erectiOn of any bwldmg for the purpose of or ancillary to the cultivation ot sut:h crop or the preparation of the same for the market.
4. Stay of eviction proceedings. Notwithstandmg anything to the contrary contained in any other law for the ttme being m force or in any contract, no smt or other proceeding~ for evic tion of a person from his holdmg shall be instituted m any Courts and all ~Uits, proceedmgs m execution of decrees or orders an.~ other proceedmgs for such eVICtiOn ~hall be stayed:
t
Provided that nothmg m this section shall preclude the ·~ Court from grantmg any rehef to whiCh the lessor IS entitled other than eviction from the holding.
5. Stay of proceedmgs against Kudtktdappukars.-Notwith standmg anythmg to the contrary contained m any other law for the time bemg m force or many contract, no IUit or other proceedings for evictiOn of a Kud1kidappukaran from h1s Kudi yiruppu or lor the recovery of arrears of rent m respect of, or ior damages for u~e and occupatiOn of, the Kudiy1ruppu from him, shall be mst1tuted in any Court and all su1ts, proceedmgs in • ' executio:1 of dt>crees 01 order., or other proceedings for such eviction or recovery of arrears of :ouch rent or damages ,hall be
5tayed.
6. Varomdars Tighi to contmue to cultivate land,-Notwith standing anythmg to the contrary contamed m any other law for 1 ht> time being m force or many contract-
(i) subJeCt to the provision of clause (u), every Varam dar whose varom agreement is sub•istmg at the commencement of this Ordinance ;
(n) where m respect of any land there IS a subsisting 1 varom agreement but such Varomdar has not started agricultural operatwns at the commencement of this Ordmance and a person other than that varomdars had cultivated the land under a varom agreement m the cultlvatwn season Immediately precedmg such commencement, such other person,
(m) where in respect of any land there IS no subsisting varom agreement and the cultJVatwn operatlons have not been started at the commencement of this Ordinance, the person, If any, who had, cultivated the land under a varom agieement durmg the culti vatiOn season Immediately precedmg such com mencement; and
(iv) where m respect oi any land there is no subsisting varom agreement at the commencem~nt of this Ordmance, out the person who had cultivated the land under a varom agreement durmg the cultiva tion season immediately preceding such commence ment had started the cultivation operation of the land at such commencement, such person, shall be entitled to cultivate the land on the same terms and conditions under which he was cult1vatmg the land at the com mencement of this ordmance or durmg the cultivation season immediately precedmg such commencement, as the case may be,
7. Continuance of Sambalapattom or Coolypattom arrange ments.-Any person cultivatmg the land of another, whether as an agent or otherwise, under a Sambalapattom or Coolypattom, arrangement at the commencement of this Ordmance shall, not withstandmg the expiry of such arrangement, be entitled to continue on the same terms and conditions as were applicable to him at su~h commencement, to cultJ vate the land.
8. Limitatton.-!n computing the perwd of limitatiOn pres· cnbed for the mstltution of su1ts or proceedmgs prohibited or stayed under this Ordmance, the time durmg which such suits or proceedmgs are prohibited or stayed shall be excluded.
9. Period of operatwn.-The provisions of sectiOns 4. 5, 6 and 7 shall remain m force for a penod of s1x months irom the com mencement of this Ordmance.
10, Repeal.-The Holdings (Stay of ExecutiOn Proceedmgs) Act, 1950, is hereby repealed.