Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999

No: 12 Dated: Apr, 20 1999

THE KERALA RESTRICTION ON TRANSFER BY AND RESTORATION OF LANDS TO SCHEDULED TRffiES ACT, 1999

ACT 12 OF 1999

    An Act to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the Restoration of Possession of lands alienated by such members and for matters connected therewith.

    Preamble. - Whereas it is expedient to provide for restricting the transfer of lands by members of Scheduled Tribes in the State of Kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith;

Be it enacted in the Fiftieth Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999.

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

(3) It shall be deemed to have come into force on the 24th day of January, 1986.

2. Definitions. - 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 purpose of this Act, for the areas in which the land is situate;

(b) "land" means any agricultural land;

(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;

(g) "transfer" means the transfer made by any person belonging to the Scheduled Tribe of lands in his ownership and possession to a person other than a member of the Scheduled Tribe by way of sale, mortgage, lease, gift and includes `vilapanayam' and `unduruthy'.

Explanation. - For the purposes of this 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 to any land during a specified term for a specified price.