KERALA STAY OF EVICTION PROCEEDINGS ACT, 1998

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KERALA STAY OF EVICTION PROCEEDINGS ACT, 1998

(Act No. 5 of 1998)

CONTENTS

Preamble.

Sections:

1. Short title, extent, commencement and duration.

2 .Interpretation.

 3. Stay of Eviction Proceedings.

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[Translaltion in English of “1998-ലെ കേരള ഒഴിപ്പിക്കല്‍ നിയമ നടപടികള്‍ നിറുത്തിവയ്ക്കല്‍ ആക്റ്റ്” published under

the authority of the Governor.]

ACT  No. 5 OF 1998

THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 1998*

 AN 

ACT

 to provide for the stay of eviction of certain cultivating tenants and small  holders from lands
purchased by them and which are subsequently found as excess land to be surrendered under
the provisions of the Kerala Land Reforms Act, 1963.

Preamble.—WHEREAS numerous proceedings are pending before the Land Tribunals, the
Taluk Land Boards, the State Land Board, the Courts or the Revenue Authorities or other authorities
wherein  small  holders  and  cultivating  tenants  who  purchased  or  otherwise  acquired  land  for
consideration,  evidenced  by  registered  documents  or  otherwise  are  under  threat  of  eviction  or
dispossession;

AND WHEREAS  there are persistent demands from the general public and organisations to
protect such small holders and cultivating tenants, who are purchasers of such land, from eviction or
dispossession of such land;

AND WHEREAS the Government consider it necessary in the public interest, to provide for
temporary protection of such small holders and cultivating tenants, who are purchasers of such land,
from eviction  or  dispossession,  pending  enactment  of  a  legislation  protecting  their  rights  and
interests on such land;

BE it enacted in the Forty-ninth year of the Republic of India as follows:—

1. Short title, extent commencement and duration.—(1) This Act may be called the Kerala
Stay of Eviction proceeding Act, 1998.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once and shall cease to have effect on the expiry of one year
from the date of such commencement.

* Received  the  assent  of  the  Governor  on  the  30th day  of  March,  1998  and  published  in  the  Kerala  Gazette
Extraordinary No. 809 dated 29th May, 1998.



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 2. Interpretation.—Unless the context otherwise requires, words and expressions used in this
Act shall have the meanings, respectively, assigned to them in the Kerala Land Reforms Act, 1963
(1 of 1964).

 3. Stay of eviction proceedings.—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 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,  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.

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