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Section 38: Remwzon of rent

The Kerala Land Reforms Act, 1963 (No.1 of 1964)State Act of Kerala · Act 1 of 1964

( 1) Where there has been a damage to, or a failure of, crops owmg to causes beyond the control of the tenant in any holding, the tenant shall be entitled to a remission of the rent payable by h1m in proportion to the extent of such damage or failure.

(2) The D1strict Collector or any other officer authorised by the Government, by notificatiOn in the Gazette, in this behalf, shall, on an application to him by the tenant, determine after such enquiry as may be prescribed the extent of damage to, or failure of, crops under sub­ section (I) and order such remission of rent as appears to him just and proper. The decision of the Collector or such other officer shall be final and the tenant shall be entitled to get the benefit of the remission so ordered.

(3) If, in any proceeding under sub-section (2), any question arises as to whether a person IS or is not a tenant, it shall be competent for the District Collector or the officer authorised by the Government under sub-section (2) to decide the question, subject to the orders of any competent civil court.

(4) Where, in respect of a holding, there is an intermediary and the rent to which the intermediary is entitled is reduced as a result of the remission granted under sub-section (2), the rent payable by the intermediary to his landlord shall be reduced in the same pro­ portion.

Explanation.-For the purposes of this section, the term "crops" shall include cereal as well as cash crops.

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section38
Marginal noteRemwzon of rent
JurisdictionState of Kerala
StatusIn force as published by the source

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