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Section 2: Definitions

The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975State Act of Kerala · Act 31 of 1975

In this Act, unless the context otherwise requires,—

(a) "competent authority", with reference to any land, means the District Collector of the district in which the land is situate or any other officer appointed by the Government to be the competent authority for the purposes of this Act for the area in which that land is situate;

(b) "immovable property" includes standing crops and trees but does not include growing grass;

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

(d) "Revenue Divisional Officer", with reference to any land, means the Revenue Divisional Officer having jurisdiction over the area in which that land is situate or any other officer appointed by the Government to perform the functions of the Revenue Divisional Officer under this Act, in the area in which that land is situate;

(e) "Scheduled Tribe" means any of the Scheduled Tribes in relation to the State as specified in the Constitution (Scheduled Tribes) Order, 1950;

(f) "State" means the State of Kerala;

* Received the assent of President on 11th day of November, 1975 and published in the Kerala Gazette Extraordinary No. 673 dated

14.11.1975.

1 Repealed by the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (Act 12 of 1999).

3

(g) "transfer", in relation to immovable property, means an act by which immovable property is conveyed by any documentary or oral transaction, whether by way of mortgage with or without possession, lease, sale, gift or exchange, or in any other manner, not being a testamentary disposition; and includes a charge, 'vilapanayam', 'unduruthi', contract relating to immovable property, mortgage, pledge or hypothecation of crops or standing trees on payment of consideration or other wise, voluntary surrender and abandonment.

Explanation.—For the purposes of his clause,—

(i) "vilapanayam" means hypothecation of crops on payment of consideration or otherwise;

(ii) "unduruthi" means an assignment of the right to collect the usufructs available or anticipated to be available on any land during a specified term for a specified price.

Where this provision sits

ActThe Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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