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Section 3: Stay of Eviction Proceedings

The Kerala Stay of Eviction Proceedings Act, 2001State Act of Kerala · Act 11 of 2001

(1) Notwithstanding anything to the contrary contained in the Kerala Land Reforms Act, 1963 (1 of 1964), or in any other law for the time being in force or in any judgement, decree or order of any Court or in any proceedings of the Land Tribunal, the Taluk Land Board, the State Land Board or any other authority during the period of operation of this Act,—

(a) No cultivating tenant or small holder who holds or possesses any land by way of assignment or otherwise as purchaser for consideration evidenced by registered document or otherwise and which is subsequently found as excess land to be surrendered under the provisions of the Kerala Land Reforms Act, 1963 (1 of 1964), shall be evicted from, or dispossessed of such land; and

(b) all proceedings for such eviction or dispossession pending before any Court, Tribunal, Board or other authority referred to above, shall stand stayed.

(2) Notwithstanding the expiry of the Kerala Stay of Eviction Proceedings Act, 1999 (26 of 1999) due to the cessation of operation of the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001), anything done or any action taken after such expiry and before this Act come into force by any Court or the Land Tribunal, the Taluk Land Board, the State Land Board or any other authority to evict or dispossess such cultivating tenant or small holder from such land shall be invalid.

(3) The expiry of the duration of the Kerala Stay of Eviction Proceedings Act, 1999 due to the cessation of operation of the Kerala Stay of Eviction Proceedings Ordinance, 2001 (26 of 2001) shall not adversely affect any right or privilege acquired or accrued by such cultivating tenant or small holder under the said Act.

Where this provision sits

ActThe Kerala Stay of Eviction Proceedings Act, 2001
Section3
Marginal noteStay of Eviction Proceedings
JurisdictionState of Kerala
StatusIn force as published by the source

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