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 THE KERALA LAND CONSERVANCY ACT, 1957 [1]

ACT 8 OF 1958

An Act to check the unauthorised occupation of Government lands.

Preamble.- WHEREAS it is necessary to enact a uniform law for checking the

unauthorised occupation of Government lands;

BE it enacted in the Eighth Year of the Republic of India as follows:-

1. Short title, extent and commencement .--(1) This Act may be called the Kerala
Land conservancy Act, 1957.

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

(3) It shall come into force at once.

2. Repeal .-The Travancore-Cochin Land Conservancy Act, 1951, and the Madras
Land Encroachment Act, 1905 as in force in the Malabar district referred to in sub-
section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956),
are hereby repealed.

3. Property of Government defined .-(1) All public roads, streets, lanes, and paths,
the bridges, ditches, dykes and fences on or beside the same, the bed of the sea and of
harbours and creeks below high water mark, the beds and banks of rivers, streams,
irrigation and drainage channels, canals, tanks, lakes, backwaters and water courses, and
all standing and flowing water, and all lands wheresoever situated, save in so far as the
same are the property of-

(a) [2] (Jenmies, Wargdars) or holders of Inams; or

(b) [3] (persons registered in the revenue records as) holders of lands in any way
subjectto the payment of land revenue to the Government, or

(c) any other registered holder of land in proprietary right; or

(d) any person holding land under grant from the Government otherwise than by
wayof a [4] (lease or licence).

(e) any person claiming through or holding under any of the persons referred to in
clauses (a), (b), (c) or (d), are, and are hereby declared to be, the property of Government,
except as may be otherwise provided by any law for the time being in force, subject to all
rights of way and other public rights and to the natural and easement rights of other land
owners and to all customary rights legally subsisting.
 Explanation I.-Lands once registered in the name of a person but subsequently
abandoned or relinquished, and all lands held by right of escheat, purchase, resumption,
reversion or acquisition under the Land Acquisition Act for the time being in force, are
the property of Government within the meaning of this section.

[5] ( Explanation 1A.- Where the ownership and possession, or the possession, of any
land are or is vested in the Government under section 86 or section 87 of the Kerala Land
Reforms Act, 1963 (1 of 1964), such land shall, so long as it is in the possession of the
Government, be the property of Government within the meaning of this section).

Explanation II .-In this section, the expression 'high-water mark' means the highest
point reached by the ordinary spring tide at any season of the year.

Explanation III .-Where, in regard to roads, lanes and canals, survey stones had
been, in the original demarcation under the Survey Act, in force, planted for the sake of
convenience and safety inside compound walls and gates of compounds, in house
verandhas door steps, porticoes masonry drains and similar structures of a permanent
nature, such walls, gates, verandhas, etc., shall not be deemed to be property of
Government within the meaning of this section.

[6] ( Explanation IV .-Lands belonging to the Government of any other state in India
or to the Kerala State Electricity Board or to a University established by law or to a
corporation owned or controlled by the Government of Kerala or to (any Panchayat as
defined in the Kerala Panchayat Raj Act, 1994 [7] (13 of 1994) or any municipality as
defined in the Kerala Muncipality Act 1994 (20 of 1994)) shall be deemed to be the
property of Government within the meaning of this section).

(2). All unassessed lands within the limits of private estates used or reserved for
public purposes or for the communal use of villagers, and all public roads and streets
vested in any local authority shall, for the purpose of this Act, be deemed to be the
property of Government.

4. (1) " Poramboke" defined .-"Poramboke" shall mean and include unassessed lands
which are the property of Government under section. 3 (1) or (2) used reserved for public
purposes or for the communal use of villagers, such as-

(a) all public roads, streets, lanes pathways, the bridges, ditches, dykes and fences on
or beside the same;

(b) the beds and banks of rivers, irrigation and drainage channels, traffic canals,
tanks, lakes, back-waters and water courses;

(c) markets, burial grounds, landing ghauts; and

(d) all other property which the Government may, for the purpose of this Act, from
time to time, declare to be poramboke.
 (2) " Occupant" defined .-"Occupant" shall mean a person actually in possession or
occupation of a land which is the property of Government.

5. [8] (1) Land which is the property of Government not to be occupied without
permission.- From and after the commencement of this Act, it shall not be lawful for any
person to occupy a land which is the property of Government, whether a poramboke or
not, without permission from the Government or such officer of the Government as may
be empowered in this behalf.

[9] ( Explanation .-For the removal of doubts it is hereby declared that the erection of
any wall, fence or building or the putting up of any over-hanging structure or projection
(whether on a temporary or permanent basis) on or over any land aforesaid shall be
deemed to be occupation of such land.)

[10] (2) Notwithstanding anything contained in sub-section (1), it shall not be lawful
for any person to erect or cause to erect any wall, fence or building or put up any
overhanging structure or projection (whether on a temporary or permanent basis) on or
over any land referred to in sub-section (1) except under and in accordance with the terms
and conditions of a licence issued by the Government or such officer of the Government
as may be empowered by them in this behalf.

(3) Any person desirous of obtaining a licence referred to in sub-section (2) may
apply to the Government or to such officer of the Government as may be empowered by
them in this behalf for an appropriate licence.

(4) An application under sub-section (3) shall be in such form and shall contain
such particulars and shall be accompanied by such fee, as may be prescribed by rules
made under this Act.)

6. Earth, metal, laterite, lime-shell, etc., not to be removed from land which is
property of Government without permit .-(1) It shall not be lawful for any person to
destroy, remove or appropriate for himself earth [11] (sand) metal, laterite, lime-shell or
such other articles of value as may be notified by the government from any land which is
the property of Government, whether a poramboke or not, except under and in
accordance with the terms and conditions of a permit issued by the Government or such
officer of the Government as may be empowered in that behalf and on payment of
compensation at the rate prescribed under sub-section (2).

(2) The Government may, from time to time, by notification in the Gazette,
prescribe the rate at which compensation shall be payable for earth [12] (sand) metal,
laterite, lime-shell or other notified articles of value destroyed, removed or appropriated
from land which is the property of Government.

(3) Whoever unauthorisedly destroys, removes or appropriates for himself [13](**)

metal laterite, lime-shell or other notified articles of value from any land which is the
property of Government, whether a poramboke or not, shall be liable to pay such fine not
exceeding fifty rupees as may be imposed by the Collector and shall also be liable to pay
by way of damages an amount equivalent to the compensation which would have been
payable if sub-section (2) were applicable thereto.

[14] (3A Whoever unauthorisedly destroys, removes or appropriates for himself

earth or sand from any land which is the property of Government, whether a poramboke
or not, shall be liable to pay such fine-

(a) not exceeding one hundred rupees in the case of a first offence; and

(b) not exceeding two hundred rupees in the case of a second or subsequent
offence.as may be imposed by the Collector and shall also be liable to pay by way of
damages an amount equivalent to the compensation which would have been payable if
sub-section (2) were applicable thereto.

(3B) Whoever abets the commission of an offence punishable under sub-section

(3A) shall be liable to pay such fine-

(a) not exceeding one hundred rupees where the offence abetted is first offence; and

(b) not exceeding two hundred rupees where the offence abetted is a second or
subsequent offence.

(4) The Government may remit in whole or in part the [15](compensation, fine or
damages) payable under this section,--

(a) in favour of [16] (any agriculturist or agricultural labourer) if the earth

[17](sand) metal, laterite, lime-shell or other notified articles of value destroyed, removed
or appropriated is for bona fide agricultural purposes, or

(b) in favour of a co-operative society.

[18] ( Explanation .-For the purpose of clause (a) "agricultural labourer" means a
person whose principal means of livelihood is the income he gets as wages in connection
with the agricultural operations he performs.)

[19] (7. Punishment for unauthorisedly occupying land which is the property of
Government-(1) Whoever occupies a land which is the property of Government, whether
a poramboke or not,contrary to section 5 shall be liable to pay-

(a) such fine not exceeding two hundred rupees; and

(b) in the case of a continuing contravention such additional fine not exceeding
two hundred rupees for every day during which such contravention continues after fine
has been imposed for the first such contravention as may be imposed by the
Collector:Provided that a person unauthorisedly occupying a land which is available for
assignment under the Kerala Government Land Assignment Act, 1960, shall not be liable
to pay any fine under sub-section (1) if-

(i) he is eligible under the rules made under that Act for assignment of such land
without auction; and

(ii) he applies under those rules for the assignment of such land in his favour, either
on registry or on lease.

(2) Without prejudice to any liability under sub-section (1), any person who erects
or causes to erect any wall, fence or building or puts up on causes to put up any over-
hanging structure or projection (whether on a temporary or permanent basis) in
contravention of sub-section (2) of section 5 shall be liable, on conviction by a magistrate
to be punished with fine which may extend to two hundred rupees and, in the case of a
continuing contravention, with an additional fine which may extend to two hundred
rupees for every day during which such contravention continues after conviction for the
first such contravention.

Explanation .- A tenant unauthorisedly holding over after the expiry of his term of
lease is liable to a fine under this Section.)

8. (1) Levy of assessment on lands which are the property of Government

unauthorisedly occupied .-Any person unauthorisedly occupying a land which is the
property of Government other than a poramboke and liable to pay a fine under section 7
shall, in addition, be liable to pay by way of assessment for the whole period of his
occupation such amount as may be fixed by the Collector in accordance with the rate that
may be prescribed by the Government from time to time in this behalf.

(2) Levy of prohibitory assessment on poramboke unauthorisedly occupied.- Any

person unauthorisedly occupying a poramboke and liable to pay a fine under section 7
shall, in addition, be liable to pay such prohibitory assessment for the whole period of
occupation as may be imposed by the collector Payment of assessment under sub-section
(1) or prohibitory assessment under this sub-section shall not confer any right of
occupancy.

[20]( * * * * * * * *)

[21]( Explanation .- For the purpose of this section, occupation for any period
during a financial year shall be deemed to be occupation for the whole of the financial
year.)

9. Liability for unauthorised occupation .-Any person unauthorisedly occupying any

land which is the property of Government, whether a poramboke or not, and liable to a
fine under section 7 shall, in addition to the assessment or prohibitory assessment to
which he may be liable under section 8, be liable for the value, as adjudged by the
Collector, of any useful tree destroyed or appropriated by him.
 10. Penalty for destruction or appropriation of trees .-Any person who destroys or
appropriates any useful tree belonging to the Government shall be liable for damages not
exceeding three times the value of the tree as adjudged by the Collector, and shall also be
liable on conviction by a magistrate to be punished with imprisonment for a term
extending to six months or with fine not exceeding five hundred rupees, or with both.

11. (1) Liability of unauthorised occupant to summary eviction, forfeiture of crops,

etc .-Any person unauthorisedly occupying any land for which he is liable to pay a fine
under section 7 and an assessment or prohibitory assessment under section 8 may be
summarily evicted by the Collector, and any crop or other product raised on the land shall
be liable to forfeiture, and any building or structure erected or anything deposited thereon
shall also, if not removed by him after such written notice as the Collector may deem
reasonable, be liable to forfeiture. Forfeiture under this section shall be adjusted by the
Collector and any property so forfeited shall be disposed of as the Collector may direct.

(2) Mode of eviction .-An eviction under this section shall be made in the following
manner, namely:-By serving a notice on a person reputed to be in occupation or his agent
requiring him within such time as the Collector may deem reasonable after receipt of the
said notice to vacate the land, and if such notice is not obeyed by removing or deputing a
sub-ordinate to remove any person who may refuse to vacate the same, and, if the officer
removing any such person shall be resisted or obstructed by any person, the Collector
shall hold a summary enquiry into the facts of the case, and, if satisfied that the resistance
or obstruction still continue, may issue a warrant for the arrest of the said person, and on
his appearance may send him with a warrant in the form of the Schedule for
imprisonment in the Civil Jail of the district for such period not exceeding 30 days as
may be necessary to prevent the continuance of such obstruction or resistance:

Provided that no person so committed or imprisoned under this section shall be

liable to be prosecuted under sections 183, 186 and 188 of the Indian Penal Code in
respect of the same facts.

[22] ((3) Notwithstanding anything contained in sub-section (2), where the Collector
is of opinion in any case falling under sub-section (1) that it is expedient in the public
interest to take urgent action without following the procedure laid down in sub-section
(2) he may, after recording his reasons for so doing issue a notice to the person in
occupation calling upon him to vacate the land within such period as may be specified in
the notice, and if the land is not vacated within the said period, any officer authorised by
the Collector may enter upon the land and take possession of the same, if necessary by
using such force as the circumstances may justify.)

12. Prior notice to occupant, etc .-The Collector shall, before passing an order
under this Act, give notice to the occupant or other person likely to be affected by the
order, and record any statement which such occupant or person may make and any
evidence which he may adduce within a reasonable time; and all orders passed by the
Collector under this Act shall be in writing and under his hand.
 (Provided that no such notice shall be necessary-

(i) when the Collector takes action under sub-section (3) of section 11; or

(ii) in the case of any person unauthorisedly occupying any land which is the
property of Government, if, within a period of two years prior to the date of such
occupation, he had been evicted from such land under section 11 or had vacated such
land voluntarily after the receipt of a notice under this section or section 11.)

[23] (The Collector may require any subordinate officer not below the rank of
Deputy Tahsildar or any other officer authorised by the Government in this behalf to hold
the enquiry as prescribed in the preceding paragraph and submit the record to him; and on
such record the Collector may pass orders.) For the purpose of section 199 of the Indian
Penal Code the proceedings taken by the Collector under this section shall be deemed to
be judicial proceedings.

13. Power to make rules .-(1) The Government may make rules or orders, either
generally or in any particular instance,-

(a) regulating the rates of assessment under section 8 (1);

(b) regulating the imposition of prohibitory assessment under section 8 (2) ;

(c) declaring that any particular land or class of lands shall not be open to
occupation;

(d) regulating the service of notices under this Act;

(e) regulating the manner in which the powers of the Collector under this Act may be
exercised; and

(f) generally to carry out the provisions of this Act.

Such general rules or orders shall be made only after previous publication in the
Gazette.

(2) All rules and orders framed under sub-section (1) shall be placed on the table of
the Assembly for a period of fourteen days when it is in session and shall be subject to
such modification by way of amendment or repeal made by the Assembly during the
period when they are so laid.

14. Recovery of fines, assessment, etc., as arrears of land revenue .-All fines,
assessments and prohibitory assessments, value of trees destroyed or appropriated,
compensation or damages payable under section 6 and all costs of eviction and removal
of encroachments shall be recovered as arrears of land revenue under the provisions of
the Revenue Recovery Act for the time being in force.
 15. Officers to exercise powers of Collectors .-The Government may, by notification
in the Gazette, authorise any officer [25] (including the Secretaries of Panchayats and
Municipalities) by name or by virtue of his office to exercise all or any of the powers
conferred on a Collector under this Act.

[26] (16. Appeal and revision .-(1) Any person aggrieved by any decision or order
under this Act of any officer authorised under section 15 may appeal,-

(a) where such officer is the Revenue Divisional Officer to the Collector: Provided
that no such appeal shall lie in any case where the order is passed by the Revenue
Divisional Officer on appeal under clause (b); and

(b) In all other cases, to the Revenue Divisional Officer, and the Collector or the
Revenue Divisional Officer, as the case may be may pass such order on the appeal as he
thinks fit.

(2) The Collector may either suo motu or on application revise any decision made or
order passed under this Act by any officer authorised under section 15:

Provided that where such officer is the Revenue Divisional Officer, the Collector
shall not on application revise any decision made or order passed otherwise than on
appeal:

Provided further that the Collector shall not revise any decision or order if an appeal
against such decision or order is pending or if the time for preferring appeal, if any,
against such decision or order has not expired.

(3) Any person aggrieved by any decision or order of the collector under this Act
(otherwise than on appeal or revision) may appeal to the Board of Revenue and the Board
of Revenue may pass such order on the appeal as it thinks fit.

(4) The Board of Revenue may either suo motu or on application revise any order
passed by the Collector on appeal.

(5) The Government may either suo motu or on application revise any order passed
by the Board of Revenue on appeal.

(6) No order shall be passed under sub-section (1) or sub-section (2) or sub-section
(3) or sub-section, (4) or sub-section (5) without giving the party who may be affected
thereby an opportunity of being heard.

(7) Pending disposals of any appeal or revision under this Act, the appellate authority
or the revising authority, as the case may be, may suspend the execution of the decision
or order appealed against or sought to be revised.
 17. Limitation for appeal and revision .-(1) No appeal or revision shall be preferred
under section 16 after the expiration of thirty days from the date on which the decision or
order appealed against or sought to be revised was received by the appellant or applicant
as the case may be.

(2) Notwithstanding anything contained in sub-section (1), the appellate authority or

the revising authority may admit an appeal or application for revision preferred after the
period specified in that sub-section, if such authority is satisfied that the appellant or
applicant had sufficient cause for not preferring the appeal or application within that
period.

(3) The Collector shall not suo motu initiate proceedings to revise any decision or
order after the expiry of one year from the date on which such decision has been made or
order has been passed.

(4) the Government or the Board of Revenue shall not suo motu initiate proceedings
to revise any order after the expiry of one year from the date on which such order has
been passed.

18. Petition of appeal or application for revision to be accompanied by the decision

or order appealed against or sought to be revised .-Every petition of appeal or
application for revision under this Act shall be accompanied by the decision or order
appealed against or sought to be revised or by an authenticated copy of the same.)

19. Saving of operation of other laws in force .-Nothing contained in this Act shall
be construed as exempting any person unauthorisedly occupying land from liability to be
proceeded against under any other law for the time being in force:Provided that if any
penalty has been levied under section 7 or 8 of this Act, no similar penalty shall be levied
from him under any other law in respect of such occupation.

20. Saving of suits by persons aggrieved by proceedings under this Act .-No suit
against the Government shall be entertained in any Civil Court in respect of any order
passed under this Act except upon the ground that the land in respect of which such order
has been passed is not a land which is the property of Government whether a poramboke
or not: Provided that Civil Courts shall not take cognizance of any such suit unless it shall
be instituted within one year from the date on which the cause of action arose.

[27] (20 A. Bar of jurisdiction of civil courts .-(1) No civil court shall have
jurisdiction to entertain any suit or proceeding for the eviction of any person who is in
unauthorised occupation of any land which is the property of Government, whether a
poramboke or not, or the recovery of any fine assessment, or prohibitory assessment or
the value of any trees destroyed or appropriated or any compensation or damages,
payable under this Act or cost of eviction or removed of encroachments, or any portion of
such fine, assessment, prohibitory assessment, value of trees, compensation, damages or
cost.
 (2) No suit, prosecution or other legal proceeding shall lie against the Government
or the Board of Revenue of any officer of the Government for anything which is in good
faith done or intended to be done in pursuance of this Act or any rule or order made
thereunder.)

SCHEDULE

Form of warrant to be issued by the Collector under section 11.

SEAL

To

The Officer in-charge of the Civil jail at

Whereas A.B. of has resisted or obstructed C.D. in removing E.F. (or himself, that
is, the said A.B.) from certain land in the village of in the taluk, and whereas it is
necessary, in order to prevent the continuance of such obstruction or resistance, to
commit the said A.B. to close custody, you are hereby required under the provisions of
section 11 of the Kerala Land Conservancy Act, 1957, to receive the said A. B. into the
Jail under your charge and there to keep him in safe custody for days.

Dated this day of

Signature of Collector.
 Act 11 of 1971

THE KERALA LAND CONSERVANCY (AMENDMENT) ACT, 1971

An Act to amend the Kerala Land Conservancy Act, 1957

Preamble.─WHEREAS it is expedient to amend the Kerala Land Conservancy Act,

1957, for the purposes hereinafter appearing;

Be it enacted in the Twenty-second Year of the Republic of India as follows: ─

1. Short title and commencement.─ (1) This Act may be called the Kerala Land
Conservancy (Amendment) Act, 1971.

(2) It shall be deemed to have come into force on the 5 th day of January, 1971.

2. Amendment of section 3.─In section 3 of the Kerala Land Conservancy Act, 1957 (8
of 1958) (hereinafter referred to as the principal Act, in sub-section (1), ─

(i) in clause (a) for the word “Jenmies”, the words “Jenmies, Wargdars” shall be
substituted;

(ii) in clause (b), before the word “holders”, the words “persons registered in the
revenue records as” shall be inserted;

(iii) in clause (d), for the word “licence”, the words ‘lease or licence” shall be
substituted;

(iv) after Explanation I, the following Explanationshall be inserted, namely: ─

“Explanation I A.─ Where the ownership and possession, or the possession, of

any land are or is vested in the Government under section 86 or section 87 of the Kerala
Land Reforms Act, 1963 (1 of 1964), such land shall, so long as it is in the possession of
the Government, be the property of Government within the meaning of this section.”;

(v) after Explanation III, the following Explanation shall be inserted, namely: ─

“Explanation IV.─ Lands belonging to the Government of any other State in India
or to the Kerala State Electricity Board or to a University established by law or to a
corporation owned or controlled by the Government of Kerala or to a municipal
corporation shall be deemed to be the property of Government within the meaning of this
section.”.

3. Amendment of section 5.─Section 5 of the principal Act shall be re-numbered as sub-

section (1) of that section, and─
 (a) to sub-section (1) as so re-numbered, the following Explanation shall be added,
namely: ─

“Explanation.─ For the removal of doubts it is hereby declared that the erection of
any wall, fence or building or the putting up of any overhanging structure or projection
(whether on a temporary or permanent basis) on or over any land aforesaid shall be
deemed to be occupation of such land.”;

(b) after sub-section (1) as so re-numbered, the following sub-sections shall be

inserted, namely: ─

“(2) Notwithstanding anything contained in sub-section (1), it shall not be lawful

for any

person to erect or cause to erect any wall, fence or building or put up or cause to put
up any overhanging structure or projection (whether on a temporary or permanent basis)
on or over any land referred to in sub-section (1) except under and in accordance with the
terms and conditions of a licence issued by the Government or such officer of the
Government as may be empowered by them in this behalf.

(3) Any person desirous of obtaining a licence referred to in sub-section (2) may
apply to the Government or to such officer of the Government as may be empowered by
them in this behalf for an appropriate licence.

(4) An application under sub-section (3) shall be in such form and shall contain such
particulars and shall be accompanied by such fee, as may be prescribed by rules made
under this Act.”

4. Amendment of section 6.─ In section 6 of the principal Act,─

(a) in sub-sections (1) and (2), after the word “earth,” the word “sand.” shall be
inserted;

(b) in sub-section (3), the word “earth,” shall be omitted;

(c) after sub-section (3), the following sub-sections shall be inserted, namely: ─

“(3A) Whoever unauthorisedly destroys, removes or appropriates for himself

earth or sand from any land which is the property of Government, whether a poramboke
or not, shall be liable to pay such fine─

(a) not exceeding one hundred rupees in the case of a first offence; and

(b) not exceeding two hundred rupees in the case of a second or subsequent
offence, as may be imposed by the Collector and shall also be liable to pay by way of
damages an amount equivalent to the compensation which would have been payable if
sub-section (2) were applicable thereto.

(3B) Whoever abets the commission of an offence punishable under sub-section

(3A) shall be liable to pay such fine─

(a) not exceeding one hundred rupees where the offence abetted is a first offence;
and

(b) not exceeding two hundred rupees where the offence abetted is a second or
subsequent offence,

as may be imposed by the Collector”.

(d) in sub-section (4),─

(i) in the opening paragraph, for the words “compensation or damages”, the words
“compensation, fine or damages” shall be substituted;

(ii) in clause (a), for the words “ any agriculturist”, the words “any agriculturist or
agricultural labourer” shall be substituted and after the word “earth,” the word “sand,”
shall be inserted,

(iii) the following Explanation shall be inserted at the end, namely: ─

“Explanation.─ For the purposes of clause (a), ‘agricultural labourer’ means a

person whose principal means of livelihood is the income he gets as wages in connection
with the agricultural operations he performs.”.

5. Substitution of new section for section 7.─For section 7 of the principal Act, the
following section shall be substituted, namely: ─

“7. Punishment for unauthorisedly occupying land which is the property of

Government.─ (1) whoever occupies a land which is the property of Government,
whether a poramboke or not, contrary to section 5 shall be liable to pay─

(a) such fine not exceeding two hundred rupees; and

(b) in the case of a continuing contravention, such additional fine not exceeding
two hundred rupees for every day during which such contravention continues after fine
has been imposed for the first such contravention.

as may be imposed by the Collector:

 Provided that a person unauthorisedly occupying a land which is available for
assignment under the Kerala Government Land Assignment Act, 1960, shall not be liable
to pay any fine under sub-section (1) if─

(i) he is eligible under the rules made under that Act for assignment of such land
without auction; and

(ii) he applies under those rules for the assignment of such land in his favour,
either on registry or on lease.

(2) Without prejudice to any liability under sub-section (1), any person who erects or
causes to erect any wall, fence or building or puts up or causes to put up any overhanging
structure or projection (whether on a temporary or permanent basis) in contravention of
sub-section (2) of section 5 shall be liable, on conviction by a magistrate, to be punished
with fine which may extend to two hundred rupees and, in the case of a continuing
contravention, with an additional fine which may extend to two hundred rupees for every
day during which such contravention continues after conviction for the first such
contravention.

Explanation.─A tenant unauthorisedly holding over after the expiry of his term of
lease is liable to a fine under this section.”.

6. Amendment of section 8.─In sub-section (2) of section 8 of the principal Act, ─

(a) in the second paragraph, the words, “and the liability to pay such assessment
shall cease from the date on which the land concerned is relinquished” shall be omitted;

(b) the following Explanation shall be inserted at the end, namely: ─

“Explanation.─For the purposes of this section, occupation for any period

during a financial year shall be deemed to be occupation for the whole of the financial
year.”.

7. Amendment of section 11.─In section 11 of the principal Act, after sub-section (2), the
following sub-section shall be inserted, namely: ─

“(3) Notwithstanding anything contained in sub-section (2), where the Collector

is of opinion in any case falling under sub-section (1) that it is expedient in the public
interest to take urgent action without following the procedure laid down in sub-section
(2), he may, after recording his reasons for so doing, issue a notice to the person in
occupation calling upon him to vacate the land within such period as may be specified in
the notice, and if the land is not vacated within the said period, any officer authorised by
the Collector may enter upon the land and take possession of the same, if necessary by
using such force as the circumstances may justify.”.

8. Amendment of section 12.─In section 12 of the principal Act, ─

 (a) to the first paragraph, the following proviso shall be added, namely: ─

“Provided that no such notice shall be necessary─

(i) when the Collector takes action under sub-section (3) of section 11; or

(ii) in the case of any person unauthorisedly occupying any land which is the
property of Government, if, within a period of two years prior to the date of such
occupation, he had been evicted from such land under section 11 or had vacated such
land voluntarily after the receipt of a notice under this section or section 11.”;

(b) for the second paragraph, the following paragraph shall be substituted, namely: ─

“The Collector may require any subordinate officer not below the rank of
Deputy Tahsildar or any other officer authorised by the Government in this behalf to hold
the enquiry as prescribed in the preceding paragraph and submit the record to him; and on
such record the Collector may pass orders.”.

9. Substitution of new sections for sections 16, 17, and 18─For sections 16, 17 and 18 of
the principal Act, the following sections shall be substituted, namely: ─

“16. Appeal and revision.─ (1) Any person aggrieved by any decision or
order under this Act of any officer authorised under section 15 may appeal, ─

(a) where such officer is the Revenue Divisional Officer, to the Collector:

Provided that no such appeal shall lie in any case where the order is passed by
the Revenue Divisional Officer on appeal under clause (b); and

(b) in all other cases, to the Revenue Divisional Officer, and the Collector or the
Revenue Divisional Officer, as the case may be, may pass such order on the appeal as he
thinks fit.

(2) The Collector may either suo motu or on application revise any decision
made or order passed under this Act by any officer authorised under section 15:

Provided that where such officer is the Revenue Divisional Officer, the Collector
shall not on application revise any decision made or order passed otherwise than on
appeal:

Provided further that the Collector shall not revise any decision or order if an
appeal against such decision or order is pending or if the time for preferring appeal, if
any, against such decision or order has not expired.
 (3) Any person aggrieved by any decision or order of the Collector under this Act
(otherwise than on appeal or revision) may appeal to the Board of Revenue, and the
Board of Revenue may pass such order on the appeal as it thinks fit.

(4) The Board of Revenue may either suo motu or on application revise any order
passed by the Collector on appeal.

(5) The Government may either suo motu or on application revise any order
passed by the Board of Revenue on appeal.

(6) No order shall be passed under sub-section (1) or sub-section (2) or sub-
section (3) or sub-section (4) or sub-section (5) without giving the party who may be
affected thereby an opportunity of being heard.

(7) Pending disposal of any appeal or revision under this Act, the appellate
authority or the revising authority, as the case may be, may suspend the execution of the
decision or order appealed against or sought to be revised.

17. Limitation for appeal and revision.─ (1) No appeal or revision shall be
preferred under section 16 after the expiration of thirty days from the date on which the
decision or order appealed against or sought to be revised was received by the appellant
or applicant, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), the appellate

authority or the revising authority may admit an appeal or application for revision
preferred after the period specified in that sub-section, if such authority is satisfied that
the appellant or applicant had sufficient cause for not preferring the appeal or application
within that period.

(3) The Collector shall not suo motu initiate proceedings to revise any decision
or order after the expiry of one year from the date on which such decision has been made
or order has been passed.

(4) The Government or the Board of Revenue shall not suo motu initiate
proceedings to revise any order after the expiry of one year from the date on which such
order has been passed.

“18. Petition of appeal or application for revision to be accompanied by the

decision or order appealed against or sought to be revised .─Every petition of appeal or
application for revision under this Act shall be accompanied by the decision or order
appealed against or sought to be revised or by an authenticated copy of the same.”.

10. Insertion of new section 20A.─After section 20 of the principal Act, the following
section shall be inserted, namely: ─
 “20A. Bar of jurisdiction of civil courts.─ (1) No civil court shall have
jurisdiction to entertain any suit or proceeding for the eviction of any person who is in
unauthorised occupation of any land which is the property of Government, whether a
poramboke or not, or the recovery of any fine, assessment, or prohibitory assessment or
the value of any trees destroyed or appropriated or any compensation or damages,
payable under this Act or cost of eviction or removal of encroachments, or any portion of
such fine, assessment, prohibitory assessment, value of trees, compensation, damages or
cost.

(2) No suit, prosecution or other legal proceeding shall lie against the
Government or the Board of Revenue or any officer of the Government for anything
which is in good faith done or intended to be done in pursuance of this Act or any rule or
order made there under.”.

11. Repeal and saving.─ (1) The Kerala Land Conservancy (Amendment) Ordinance,
1971 (1 of 1971), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act as amended by the said Ordinance shall be deemed to have been done or
taken under the principal Act as amended by this Act.