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Act 20 of 1969 THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969
An Act to provide for the enfranchisement of Sreepadam lands on payment of compensation and for
matters connected therewith.
Preamble . — WHEREAS it is expedient to provide for the enfranchisement Sreepadam lands on
payment of compensation and for matters connected therewith;
Be it enacted in the Nineteenth Year of the Republic of India as follows:—
1 Short title and commencement. — (1) This Act may be called the Sreepadam Lands Enfranchisement
Act, 1969.
(2) It shall come into farce on such date as the Government m ay, by notification in the Gazette,
appoint.
2. Definitions . —In this Act, unless the context otherwise requires, —
(a) "appointed day" means the day on which this Act comes into force;
(b) "basic-tax" means the tax imposed under the provisions of the Kerala Land Tax Act, 1961 (13 of
1961) ;
(c) "financial year" means the year commencing on the 1st day of April;
(d) "holding" means any parcel or parcels of Sreepadam lands held by a landholder;
(e) "kuthakapattom" means a lease of Sreepadam lands of trees on such lands or of trees on such lands
or of both, granted for consideration payable in money or in kind or in both, whether annually or
otherwise;
(f) "landholder" means a person holding at the commencement of this Act Sreepadam lands on
Sreepadam pattam or other favourable tenures, but does not include a person holding Sreepadam lands
on Kuthakapattom;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "rent" means whatever is lawfully payable in money or in kind or in both, to the Sreepadam Palace
by a landholder for the use and occupation of any Sreepadam land;
(i) "Sreepadam lands" means—
(i) lands comprised in the free-hold villages of Idakkode, Illamba, Mudakkal, Alamkodu,
Avanavancherry, Attingal and Kilattingal in the Chirayinkil Taluk, the revenue from which is wholly
assigned in favour of the Sreepadam Palace; (ii) other lands not being pandaravaka lands situate in the
State of Kerala and owned by the Sreepadam Palace;
(j) "tharissu" means any land entered as tharissu in the revenue records (other than lands held under
kuthakapattom) and owned by the Sreepadam Palace, but does not include any such land held by a
landholder.

3. Extinguishment of the rights of Sreepadam Palace . —Notwith standing anything contained in any
law or contract or in any judgm ent, decree or order of court, with effect on and from the appointed day,
—
(a) all rights, title and interest of the Sreepadam Palace in all Sreepadam lands held by landholders shall
stand extinguished;
(b) all Sreepadam lands held on Kuthakapattom shall vest in the Government; and
(c) all tharissu shall vest in the Government.
4. Landholders to be registered holders under Government . — Notwithstanding anything contained in
any law or contract or in any judgment, decree or order of court, with effect on and from the appointed
day,—
(a) every landholder shall, subject to the provisions of section 9, have full proprietorship in the land
comprised in his hold ing, and such right shall be heritable and alienable;
(b) except as provided in section 10, no landholder shall be liable to pay rent to the Sreepadam Palace.
5. Compensation to Sreepadam Palace .— (1) The Government shall, by way of compensation for the
extinguishment, of the rights, title and interest of the Sreepadam Palace under clause (a) of section 3
and for the vesting in the Government of the Sreepadam lands held on Kuthakapattom, under clause (b)
of that section, pay in perpetuity to the Sreepadam Palace every financial year beginning with the
financial year in which the appointed day falls, an amount of 31,075 rupees as annuity.
(2) The Government shall, by way of compensation for the vesting of tharissu in the Government under
clause (c) of section 3 pay to the Sreepadam Palace an amount calculated at the rate of four hundred
and ninety-four rupees per hectare of tharissu.
(3) The annuity payable under sub-section (1) shall be paid in one lump every financial year on such
date and in such manner as may be prescribed.
(4) The compensation payable under sub-section (2) shall be paid in one lump and shall bear interest at
the rate of 5 percent per annum from the appointed day.
6. Treatment of lands held on Kuthakapattom. —(1) Where, in respect of any Sreepadam land, there is a
lease on Kuthakapattom, such lease shall be deemed to continue under the Government on the same
terms and conditions as under the Sreepadam Palace.
(2) Subject to the provisions of sub-section (1), the Government may, at any time after the appointed
day, after reserving the lands necessary for Government or public purposes, assign on registry in such
manner and on payment of such consideration as may be prescribed the remaining lands vested in the
Government under clause (b) of section 3.
7. Treatment of tharissu .— (1) All tharissu vested in the Government under clause (c) of section 3
shall be surveyed and demarcated in such manner as may be prescribed.
(2) After the survey and demarcation of all tharissu as provided in sub-section (1), the Government
shall, after reserving the tharissu necessary for Government or public purposes, assign on

registry the remaining tharissu to such persons, in such manner and on payment of such consideration
as may be prescribed:
Provided that preference shall be given to the persons in actual occupation of the tharissu immediately
before the appointed day.
8. Recovery of amounts due to Government . —All amounts due to the Government as arrears of
Kuthakapattom or towards consid eration for assignment of lands on registry shall be a first charge on
the land held under such Kuthakapattom or assigned on such registry and shall be recoverable as
arrears of land revenue under the Revenue Recovery Act for the time being in force.
9. Liability to pay basic tax .—(1) With effect on and from the appointed day, all Sreepadam lands held
by landholders immediately before that day shall be deemed to be pandaravaka lands for all purposes
and shall be liable to be charged with basic tax.
(2) The landholders shall be liable to pay the basic tax and the provisions of the Kerala Land Tax Act,
1961 (13 of 1961), shall apply to the levy and collection of such tax.
(3) “Rajabhogam” payable to the Government by any landholder in respect of any Sreepadam land shall
cease to accrue with and from the appointed day.
10. Collection of arrears of rent .— (1) With effect on and from the appointed day, the Sreepadam
Palace shall not be entitled to collect any rent which accrued due to it from any landholder in respect of
his holding before, and is outstanding on, that day, but the Tahsildar of the taluk in which the holding is
situate shall be entitled to collect all such arrears of rent and any interest payable thereon as if they
were arrears of public revenue due on land;
Provided that if a landholder pays within two years from the appointed day in such manner as may be
prescribed an amount equal to the arrears of rent for three financial years or the actual arrears
outstanding on the appointed day, whichever is less, together with interest thereon, all arrears of rent
shall be deemed to be fully discharged and no suit or other proceedings shall lie or continue for the
recovery thereof.
(2) All amounts paid or collected under sub-section (1) shall be paid to the Sreepadam Palace after
deducting—
(a) five percent thereof on account of collection charges;
(b) the amount, if any, due from the Sreepadam Palace to the Government.
(c) the rent, if any, collected before the appointed day by the Sreepadam Palace from any landholder in
respect of the financial year in which the appointed day falls or any subsequent financial year.
(3) All amounts which the Tahsildar is entitled to collect under sub-section (1) shall be a first charge
upon the land in respect of which such amounts are payable, subject only to the charge for basic tax.
11. Issue of pattas, etc., to landholders. —(1) As soon as may be after the appointed day, the
Government shall issue pattas or other documents evidencing the right of the landholder in the lands
comprised in their holdings.

(2) The pattas or other documents issued under sub-section (1) shall contain such particulars as may be
prescribed.
12. Appointment of officers to settle tax, etc. — (1) The Govern ment may appoint or authorise such
officer or officers as they deem necessary for the purpose of settling the tax or other dues payable by
landholders to the Government or to any other authority and for the issue of the pattas or other
documents referred to in sub- section (1) of section 11.
(2) An officer appointed or authorised under sub-section (1) shall perform such other functions as may
be prescribed.
13. Appeal . — Any person aggrieved by an order of any officer appointed or authorised under sub-
section (1) of section 12 may appeal to the Revenue Divisional Officer having jurisdiction over the area
in which the holding is situate, within sixty days from the date of the order.
Explanation .— For the purpose of computin g the said period of sixty days, the date of communication
of a copy of the order to the appellant shall be deemed to be the date of the order.
(2) A copy of every order against which an appeal lies under sub-section (1) shall be communicated in
such manner as may be prescribed.
14. Revision .—The District Collector may, either suo motu or on an application by a landholder, call
for the record of any proceeding in which an order has been passed by the Revenue Division al Officer
under section 13, and may make such inquiry or cause such inquiry to be made and pass such order
thereon as he thinks fit.
Provided that the District Collector shall not revise any order un der this section in any case—
(a) where the application is made by the landholder for such revision, unless the application is made
within one year from the date of the order sought to be revised; and
(b) where the order is sought to be revised by the District Collector of his own motion, if such order is
made more than one yea r previously.
15. Finality of orders. —(1) Any order passed by any officer or authority under this Act in respect of
matters to be determined for the purposes of this Act shall, subject only to any appeal or revision provid
ed under this Act, be final.
(2) No such order shall be liable to be questioned in any court of law.
16. Indemnity . —(1) No suit or other legal proceeding shall lie against the Government for any act
which is in good faith done or intended to be done under this Act.
(2) No suit, prosecution or other legal proceeding shall be instituted against any officer or other person
for anything in good faith done or intended to be done under this Act or any rule made thereunder.
17. Provisions in regard to liabilities of Sreepadam Palace . —(1) All claims and liabilities enforceable
immediately before the appointed day against the Sreepadam Palace in respect of any Sreepadam lands
shall, on or after that day, be enforceable only against the annuity or compensation as the case may be,

payable to the Sreepadam Palace under this Act, and to the same extent to which such claim and
liabilities were enforceable against the interests of the Sreepadam Palace in the said lands immediately
before the appointed day.
(2) No court shall, on or after the appointed day, order or continue execution in respect of any decree or
order passed against the Sreepadam Palace or against the interest it had in any Sree padam lands, and
execution shall be ordered or continued in such cases in conformity with the provisions of sub-section
(1) only as against the annuity or compensation payable to the Sreepadam Palace.
(3) All rights and privileges which may have accrued in any Sreepadam lands to any person before the
appointed day against the Sreepadam Palace shall cease and determine and shall not be enforceable
against the Sreepadam Palace or against the Govern ment, and every such person shall be entitled only
to such rights and privileges as are recognised or conferred on him by or under this Act.
18. Power to make rules . —(1) The Government may, by notifi cation in the Gazette, make rules for
the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) the procedure for the issue of pattas or other documents and the particulars they should contain;
(b) prescribing forms where forms are necessary;
(c) the fees for appeals and applications for revision under this Act;
(d) regulating the powers of the Revenue Divisional Officer in appeals under this Act and the procedure
to be followed in such appeals.
(e) any other matter which has to be , or may be, prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made before the
Legislative Assembly while it is in session for a total period of fourteen days which may be comprised
in one session or in two successive sessions, and if before the expiry of the session in which it is so laid
or the session immediately following, the Legislative Assembly makes any modification in the rule or
decides that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so however that any such modification or annulmen t shall
be without prejudice to the validity of anything previously done under that rule.
19. Amendment of Act 13 of 1961 .—In section 2 of the Kerala Lan d Tax Act, 1961 (13 of 1961), in
sub-section (1), clause (iii) sha ll be omitted.
THE SREE PANDARAVAKA LANDS (VESTING AND ENFRANCHISEMENT)
ACT, 1971 (Act 20 of 1971) An Act to provide for the enfranchisement of Sree Pandaravaka
lands held by landholders and for the vesting in the Government of certain Sree PandaravakaThanathu
lands
Preamble.- WHEREAS it is expedient to provide for the enfranchisement of Sree Pandaravaka lands
held by land-holders and for the vesting in the Government of certain Sree Pandaravaka Thanathu lands
; 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 Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971.
(2) (2) It shall come into force on such date as the Government may, by notification in the Gazette,
appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-
a) “ appointed day” means the day on which this Act comes into force ;
b) "basic tax" means the tax imposed under the provisions of the Kerala Land Tax Act, 1961 (13 of
1961) ;
c) "financial year" means the year commencing on the 1st day of April ;
d) "holding" means any parcel or parcels of Sree Pandaravaka land held by a landholder;
e) "kuthakapattom" means a lease of Sree Pandaravaka Thanathu lands or of trees on such lands
granted for a consideration payable in money or in kind or in both, whether annually or otherwise ;
f) " landholder" means a person who holds Sree Pandaravaka land directly under the Temple on Pattom,
Otti, Jenmon, Kudijenmom or Danam or under any other tenure by whatever name called, and includes
his heirs, legal representatives and assigns; but not include a person who holds Sree Pandaravaka
Thanathu lands on kuthakapattom ;
g) "prescribed" means prescribed by rules made under this Act ;
h) "rent" means whatever is lawfully payable in money or in kind or in both, to the temple by a
landholder for the use and occupation of any Sree Pandaravaka land ;
i) "Sree Pandaravaka land" means any land owned by the Sree Padmanabhaswamy Temple and
registered in the revenue records as "Sree Pandaravaka" ;
j) "Sree Pandaravaka Thanathu land" means land registered as "Sree Pandaravaka Thanathu" in the
revenue records and includes such land held on kuthakapattam ;
k) " Temple " means the Sree Padmanabhaswamy Temple at Trivandrum.

3. Extinguishmnet and vesting of certain rights of the Temple. – (1). Notwithstanding anything
contained in any law or contract or in any judgment, decree or order of court, with effect on and from
the appointed day,-
a) all rights, title and interest of the Temple in all Sree Pandaravaka lands held by landholders shall
stand extinguished ;
b) All rights, title and interest of the Temple in all Sree Pandaravaka Thanathu lands,except those
referred to in sub-section (2), shall vest in the Government ;
c) every building which immediately before the appointed day belonged to the Temple and was then
being used as an office in connection with the administration of the Melkanganam branch of the

Sree Pandaravaka Department and for no other purpose, shall vest absolutely in the Government free of
all emcumbrances.

Explanation.- For the purposes of this sub-section, "building" includes the site on which it stands and
any land appurtenant thereto. (2). Nothing contained in sub-section (1) shall apply to the lands
specified in the Schedule. (3). The Government may, on being satisfied that any Sree Pandaravaka
Thanathu land is absolutely indispensable for the maintenance, upkeep and use of the Sree Padmanabha
swamy Temple, or any temple attached thereto, direct, by notification in the Gazette, that the rights,
title and interest in respect of such land shall cease to vest in the Government and thereupon such
rights, title and interest shall re-vest in the Sree Padmanabhaswamy Temple. (4) If any question arises
as to whether any building falls or does not fall within the scope of sub-section (1), it shall be referred
to the Government whose decision thereon shall be final and shall not be liable to be questioned in any
court of law.
4. Landholders to be vested with proprietary right .-Notwithstanding anything contained in any law or
contract or in any judgment, decree or order of court, with effect on and from the appointed day,-
a) every landholder shall, subject to the provisions of section 8, have full proprietary right in the land
comprised in his holding, and such right shall be heritable and alienable ;
b) except as provided in section 13, no landholder shall be liable to pay rent to the Temple .

5. Treatment of Thanathu lands.- (1) Wherein in respect of Sree Pandaravaka Thanathu lands vested in
the Government under clause (b) of sub-section (1) of section 3, there is a lease on kuthakapattam, such
lease shall be deemed to continue under the Government on the same terms and conditions as under the
Temple. (2) Subject to the provisions of sub section (1), the Government may, at any time after the
appointed day, after reserving the Sree Pandaravaka Thanathu lands necessary for Government or
public purposes, assign on registry in such manner and subject to such restrictions and conditions as
may be prescribed the remaining lands vested in the Government under clause (b) of sub-section (1) of
section 3.
6 . Compensation to the Temple .-(1) The Government shall by way of compensation for the
extinguishment of the rights, title and interest of the Temple under clause (a) of sub-section (1) of
section 3 and for the vesting in the Government of its rights, title and interest in Sree Pandaravaka
Thanathu lands and of buildings under clauses (b) and (c) of that sub-section pay in perpetuity to the
Temple every financial year beginning with the financial year in which the appointed day falls, an
amount of fifty-eight thousand and five hundred rupees as annuity. (2) The annuity payable under sub-
section (1) shall be paid in one lump every financial year on such date and in such manner as may be
prescribed.
7. Certain landholders to pay compensation for rights vested in them.- (1) Every holder, the annual rent
payable by whom immediately before the appointed day in respect of all the Sree Pandaravaka lands
held by

him is more than the amount calculated at the rate of four rupees and ninety-four paise per hectare of
such lands, shall, in consideration of the rights conferred on him under section4, be liable to pay to the
Government compensation as provided in sub-sections (2) to (8). (2) The amount of compensation
payable by a land holder under sub-section (1) shall be equal to sixteen times the difference between
the annual rent payable by the land holder immediately before the appointed day in respect of all the
Sree Pandaravaka lands held by him and the amount referred to in that sub-section. (3) Where the
annual rent in respect of land comprised in a holding or part thereof is fixed in paddy, such annual rent
shall, for the purposes of this section, be commuted into money at the rate of two rupees and twelve
paise per standard para of paddy : Provided that in respect of the lands in the Chrayinkil taluk for which
the commutation rate adopted has been eight and a half chakrams per para of paddy, the commutation
rate shall be thirty paise per standard para of paddy. Explanation .-For the purposes of this sub-section,
"Standard para" means the measure equivalent to 13.11 litres. (4) The amount payable under sub-
section (1) shall be paid in sixteen equal half-yearly instalments, the first instalment commencing from
such date as the Government may specify by notification in the Gazette. (5) If any instalment of the
compensation payable under sub-section (4) is not paid on the due date, the amount of such instalment
shall bear interest at the rate of five per centum per annum from that date till the date of payment of
that instalment. (6) Nothing contained in sub-section (4) shall be deemed to preclude a landholder from
paying at any time a larger sum than the amount of an instalment, or from paying two or more
instalments together or from paying the whole amount due in one instalment.. (7) If any sum in excess
of the amount of any instalment is paid by the landlord, it shall be credited towards the succeeding
instalment or instalments. (8) Where a landholder pays the entire amount due in a lump sum on or
before the date on which the first instalment is payable, he shall be allowed a rebate of twenty-five per
centum of the amount so paid.
8. Liability to pay basic tax.- (1) With effect on and from the appointed day, all Sree Pandaravaka lands
held by landholders immediately before that day shall be deemed to be pandaravaka lands for all
purposes and shall, subject to the provisions of the Kerela Land Tax Act, 1961 (13 of 1961), be liable to
be charged with basic tax. (2) The landholders shall be liable to pay the basic tax and the provisions of
the Kerala Land Tax Act, 1961 (13 of 1961), shall apply for the levy and collection of such tax. (3)
"Rajabhogam" payable to the Government by any landholder in respect of any Sree pandaravaka land
shall cease to accure with effect on and from the appointed day.

9. Issue of pattas and other documents to landholders.-(1) As soon as may be after the appointed day,
the Government shall issue pattas or other documents evidencing the full proprietary rights of the
landholders in their holdings. (2) The pattas or other documents issued under sub-section (1) shall
contain such particulars as may be prescribed.
10. Appointment of officers to settle compensation payable by landholders and for issue of pattas.- The
Government may appoint or authorise such officer or officers as they deem necessary for the purpose
of making enquiry and determining the compensation payable by the landholders to the Government
under section 7 and for the issue of pattas or other documents under section 9.
11. Appeal .-(1) Any person aggrieved by an order of any officer appointed or authorised under section
10 may appeal to the District Collector, Trivandrum or any other officer empowered in this behalf by
the Government, within sixty days from the date of the order. Explanation .-For the purpose of
computing the said period of sixty days, the date of communication of a copy of the order to the
appellant shall be deemed to be the date of the order. (2) A copy of every order against which an appeal
lies under sub-section (1) shall be communicated in such manner as may be prescribed.
12. Revision .-(1) The Board of Revenue may, either of its own motion or on application by any person
aggrieved by an order passed by any officer under this Act, call for and examine the record of any
proceeding in which such order has been passed, for the purpose of satisfying itself as to the legality,
regularity or propriety of such order or proceeding and pass such order thereon as it thinks fit :
Provided that the Board of Revenue shall not call for the record of any proceeding if an appeal against
the order to which the proceeding relates is pending or if the time for preferring appeal against such
order has not expired.
(2) The Board of Revenue shall not of its own motion call for and examine the record of any
proceeding under sub-section (1) if the order to which the proceeding relates has been made more than
two years previously. (3) In the case of an application under sub-section (1) by any person aggrieved,
the application shall be made within two years from the date of the order in question.
13. Collection of arrears of rent .-(1) With effect on and from the appointed day, the Temple shall not
be entitled to collect and rent which accrued due to it from any landholder in respect of his holding
before, and is outstanding on, that day, but the Tahsildar of the taluk in which the holding is situate
shall be entitled to collect all such arrears of rent and any interest payable thereon as if they were
arrears of public revenue due on land :
Provided that if a landholder pays within 2. (six years) from the appointed day, in such manner as may
be prescribed, an amount equal to the arrears of rent for a financial year or the actual arrears
outstanding on the appointed day, whichever is less, together with interest thereon, all arrears of rent
shall be deemed to be fully discharged and no suit or other proceedings shall lie or continue for the
recovery thereof.

(2) Where the annual rent on any land comprised in a holding or part thereof is fixed in paddy, such
annual rent shall, for the pruposes of this section, be commuted into money at the rate of two rupees
and twelve paise per standard para of paddy : Provided that in respect of the lands in the Chrayinkil
taluk, for which the commutation rate adopted has been eight and a half chakrams per para of paddy,
the commutation rate shall be thirty paise per standard para of paddy. Explanation .-For the purposes of
this sub-section "Standard para" means the measure equivalent to 13.11 litres (3) All amounts paid or
collected under sub-section (1) shall be paid to the Temple after deducting-- (a) five per cent thereof by
way of collection charges ; (b) the amount, if any, due from the Temple to the Government ; and (c) the
rent, if any, collected before the appointed day by the Temple from any landholder in respect of the
financial year in which the appointed day falls or any subsequent financial year.
14. Certain amounts to be first charge .-The compensation payable by a landholder under section 7 and
any amount which the Tahsildar is entitled to collect under sub-section (1) of section 13 shall be a first
charge upon the land in respect of which such compensation or amount is payable, subject only to the
charge for basic tax.
15. Provision for Melkanganam staff .-Notwithstanding any law, custom or contract to the contrary, the
following provisions shall apply in regard to the persons employed in the Melkanganam Branch of the
Sree Pandaravaka Department immediately before the appointed day, namely:- (a) The Government
shall have power to terminate the services of any such person after giving him one calendar month's
notice or paying him one month's pay in lieu of such notice ; (b) persons whose services are retained
shall be governed by such rules as the Government may make in regard to them.
16 . Administration of temples under management of Melkanganam .-Notwithstanding any law, custom
or contract to the contrary, the following temples which have hitherto been administered by the
Melkanganam Branch of the Sree Pandaravaka Department shall, on and from the appointed day, be
administered by the Executive Officer appointed under sub-section (2) of section 18 of the Travancore-
Cochin Hindu Religious Institutions Act, 1950 (XV of 1950), in accordance with the provisions of that
Act :- (a) Sree Subramonia Swamy Temple , Puthenchanthai, Trivandrum ; (b) Sabhapathi Temple ,
Chalai, Trivandrum ; and (c) Sree Vazhichal Kanthan Sastha Temple , Vazhichal, Neyyattinkara Taluk.

17. Finality of orders .-(1) Any order passed by any officer under this Act in respect of matters to be
determined for the purposes of this Act shall, subject only to any appeal or revision provided under this
Act, be final. (2) No such order shall be liable to be questioned in any court of law.
18. Indemnity. -(1) No suit or other legal proceedings shall lie against the Government for any act
which is in good faith done or intended to be done under this Act or any rule made thereunder. (2) No
suit, prosecution or other legal proceedings shall be instituted against any officer or person duly
appointed, authorised or empowered under this Act in respect of anything which is in good faith done
or intended to be done under this Act or any rule made thereunder.
19. Provisions in regard to liabilities of the Temple .-(1)All claims and liabilities enforceable
immediately before the appointed day against the Temple in respect of any Sree Pandaravaka land
referred to in clause (a) or clause (b) of sub-section (1) of section 3 or in respect of any building
referred to in clause (c) of that sub-section shall, on or after that day, be enforceable only against the
annuity payable to the Temple under this Act. (2) All claims and liabilities referred to in sub-section (1)
shall be enforceable against the annuity payable to the Temple under this Act to the same extent to
which such claims and liabilities were enforceable against the interest of the Temple in the said land or
building immediately before the appointed day. (3) No court shall, on or after the appointed day, order
or continue execution in respect of any decree or order passed against the Temple or against the interest
it had in any Sree Pandaravaka land or building referred to in sub-section (1), and execution shall be
ordered or continued in such cases in conformity with the provisions of sub-sections (1) and (2) only as
against the annuity payable to the Temple. (4) All rights and privileges which may have accrued in any
Sree Pandaravaka land or building referred to in sub-section (1) to any person before the appointed day
against the Temple shall cease and determine and shall not be enforceable against the Temple or against
the Government, and every such person shall be entitled only to such rights and privileges as are
recognised or conferred on him by or under this Act.
20. Board of Revenue, District Collector and other officers to have certain powers of civil court .-The
Board of Revenue, the District Collector, Trivandrum and any other officer exercising any power or
performing any function under the Act shall, for the purposes of this Act, have all the powers of a civil
court when trying a suit under the Code of Civil Procedure, 1908 (Central Act5 of 1908), in respect of
the following matters, namely:- (a) summoning and enforcing the attendance of any person and
examining him on oath ; (b) requiring the discovery and production of any document ; (c) receiving
evidence on affidavit ; and (d) requisitioning any public record or copy thereof from any court or
office.

21. Power to make rules .-(1) The Government may, by notification in the Gazette, make rules for
carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for- (a) the procedure for the determination of compensation
payable by the landholders under this Act ; (b) the procedure for the issue of pattas or other documents
and the particulars they should contain ; (c) prescribing forms where forms are necessary; (d) the
procedure before the officers appointed or authorised under section 10 and the procedure in appeals and
revisions under this Act ; (e) the manner in which and the conditions and restrictions subject to which
lands vested in the Government under this Act may be assigned ; (f) any other matter which is to be, or
may be, prescribed for the purposes of this Act. (3) Every rule made under this section shall be laid as
soon as may be after it is made before the Legislative Assembly while it is in session for a total period
of fourteen days which may be comprised in one session or in two successive sessions, and if before
the expiry of the session in which it is so laid or the session immediately following, the Legislative
Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect as the case may be; so however that
any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
22. Effect of this Act .-The provisions under this Act shall be deemed to be "other arrangements" made
regarding the management of Sree Pandaravaka properties within the meaning of section 23 of the
Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of 1950).
23 . Amendment of section 2, Act 13 of 1961 .-In section (2) of the Kerala Land Tax Act, 1961 (13 of
1961), in sub-section (1), clause (ii) shall be omitted.
THE SCHEDULE
(See section 3 (2) )
Village                 Survey number         Extent               Tenure                Devaswoms

Acre                                                  Cent
Vanchiyoor           560/4                 1                     82                 Sree Pandaravaka
Village                                                                             Thanthu Pooja
                                                                                    Nelpura
Do                560/134           ..                12                Pooramboke-    Sree
                                                                        Sirkar         Padmanabha
                                                                        Thanathu       Swamy
                                                                        Ulsamatom      Temple
Do                   560/135              3                    2                 Sree Pandaravaka
                                                                                 Thanathu
Do                   660/268              ..                   14                Sirkar
                                                                                 Nellukuthupura

Do                   560/311               ..                      7               Sirkar Thanathu
                                                                                   Chottupura
Do               587               ..                36                Sree            Sree
                                                                       Pandaravaka     Padmanabhasw
                                                                       Thanathu        amy Temple
                                                                                       (Mithranandap
                                                                                       uram
                                                                                       Nambimatam)
Do               719               ..                19                Sree            Sree
                                                                       Pandaravaka     Padmanabhasw
                                                                       Thanathu        amy Temple
                                                                       Virakupura
Do               1200              ..                51.448            Kulam           do
                                                                       Poramboke
Do               1201              1                 16.973            Sree            Subramonia
                                                                       Pandaravaka     Swamy Temple
                                                                       Thanathu
Chengazhaserr    2757              ..                73                do              Sabhapathy
y                                                                                      Temple at
                                                                                       Chalai

1. Published in the Gazette Extraordinary No. 295, dated 28th June, 1971 )
2. Substituted by Act 18 of 1977

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Kerala Sreepadam Lands Act .1950

  • 1. Act 20 of 1969 THE SREEPADAM LANDS ENFRANCHISEMENT ACT, 1969 An Act to provide for the enfranchisement of Sreepadam lands on payment of compensation and for matters connected therewith. Preamble . — WHEREAS it is expedient to provide for the enfranchisement Sreepadam lands on payment of compensation and for matters connected therewith; Be it enacted in the Nineteenth Year of the Republic of India as follows:— 1 Short title and commencement. — (1) This Act may be called the Sreepadam Lands Enfranchisement Act, 1969. (2) It shall come into farce on such date as the Government m ay, by notification in the Gazette, appoint. 2. Definitions . —In this Act, unless the context otherwise requires, — (a) "appointed day" means the day on which this Act comes into force; (b) "basic-tax" means the tax imposed under the provisions of the Kerala Land Tax Act, 1961 (13 of 1961) ; (c) "financial year" means the year commencing on the 1st day of April; (d) "holding" means any parcel or parcels of Sreepadam lands held by a landholder; (e) "kuthakapattom" means a lease of Sreepadam lands of trees on such lands or of trees on such lands or of both, granted for consideration payable in money or in kind or in both, whether annually or otherwise; (f) "landholder" means a person holding at the commencement of this Act Sreepadam lands on Sreepadam pattam or other favourable tenures, but does not include a person holding Sreepadam lands on Kuthakapattom; (g) "prescribed" means prescribed by rules made under this Act; (h) "rent" means whatever is lawfully payable in money or in kind or in both, to the Sreepadam Palace by a landholder for the use and occupation of any Sreepadam land; (i) "Sreepadam lands" means— (i) lands comprised in the free-hold villages of Idakkode, Illamba, Mudakkal, Alamkodu, Avanavancherry, Attingal and Kilattingal in the Chirayinkil Taluk, the revenue from which is wholly assigned in favour of the Sreepadam Palace; (ii) other lands not being pandaravaka lands situate in the State of Kerala and owned by the Sreepadam Palace; (j) "tharissu" means any land entered as tharissu in the revenue records (other than lands held under kuthakapattom) and owned by the Sreepadam Palace, but does not include any such land held by a landholder. 3. Extinguishment of the rights of Sreepadam Palace . —Notwith standing anything contained in any law or contract or in any judgm ent, decree or order of court, with effect on and from the appointed day, — (a) all rights, title and interest of the Sreepadam Palace in all Sreepadam lands held by landholders shall stand extinguished; (b) all Sreepadam lands held on Kuthakapattom shall vest in the Government; and (c) all tharissu shall vest in the Government. 4. Landholders to be registered holders under Government . — Notwithstanding anything contained in any law or contract or in any judgment, decree or order of court, with effect on and from the appointed day,—
  • 2. (a) every landholder shall, subject to the provisions of section 9, have full proprietorship in the land comprised in his hold ing, and such right shall be heritable and alienable; (b) except as provided in section 10, no landholder shall be liable to pay rent to the Sreepadam Palace. 5. Compensation to Sreepadam Palace .— (1) The Government shall, by way of compensation for the extinguishment, of the rights, title and interest of the Sreepadam Palace under clause (a) of section 3 and for the vesting in the Government of the Sreepadam lands held on Kuthakapattom, under clause (b) of that section, pay in perpetuity to the Sreepadam Palace every financial year beginning with the financial year in which the appointed day falls, an amount of 31,075 rupees as annuity. (2) The Government shall, by way of compensation for the vesting of tharissu in the Government under clause (c) of section 3 pay to the Sreepadam Palace an amount calculated at the rate of four hundred and ninety-four rupees per hectare of tharissu. (3) The annuity payable under sub-section (1) shall be paid in one lump every financial year on such date and in such manner as may be prescribed. (4) The compensation payable under sub-section (2) shall be paid in one lump and shall bear interest at the rate of 5 percent per annum from the appointed day. 6. Treatment of lands held on Kuthakapattom. —(1) Where, in respect of any Sreepadam land, there is a lease on Kuthakapattom, such lease shall be deemed to continue under the Government on the same terms and conditions as under the Sreepadam Palace. (2) Subject to the provisions of sub-section (1), the Government may, at any time after the appointed day, after reserving the lands necessary for Government or public purposes, assign on registry in such manner and on payment of such consideration as may be prescribed the remaining lands vested in the Government under clause (b) of section 3. 7. Treatment of tharissu .— (1) All tharissu vested in the Government under clause (c) of section 3 shall be surveyed and demarcated in such manner as may be prescribed. (2) After the survey and demarcation of all tharissu as provided in sub-section (1), the Government shall, after reserving the tharissu necessary for Government or public purposes, assign on registry the remaining tharissu to such persons, in such manner and on payment of such consideration as may be prescribed: Provided that preference shall be given to the persons in actual occupation of the tharissu immediately before the appointed day. 8. Recovery of amounts due to Government . —All amounts due to the Government as arrears of Kuthakapattom or towards consid eration for assignment of lands on registry shall be a first charge on the land held under such Kuthakapattom or assigned on such registry and shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force. 9. Liability to pay basic tax .—(1) With effect on and from the appointed day, all Sreepadam lands held by landholders immediately before that day shall be deemed to be pandaravaka lands for all purposes and shall be liable to be charged with basic tax. (2) The landholders shall be liable to pay the basic tax and the provisions of the Kerala Land Tax Act, 1961 (13 of 1961), shall apply to the levy and collection of such tax. (3) “Rajabhogam” payable to the Government by any landholder in respect of any Sreepadam land shall cease to accrue with and from the appointed day. 10. Collection of arrears of rent .— (1) With effect on and from the appointed day, the Sreepadam Palace shall not be entitled to collect any rent which accrued due to it from any landholder in respect of his holding before, and is outstanding on, that day, but the Tahsildar of the taluk in which the holding is situate shall be entitled to collect all such arrears of rent and any interest payable thereon as if they
  • 3. were arrears of public revenue due on land; Provided that if a landholder pays within two years from the appointed day in such manner as may be prescribed an amount equal to the arrears of rent for three financial years or the actual arrears outstanding on the appointed day, whichever is less, together with interest thereon, all arrears of rent shall be deemed to be fully discharged and no suit or other proceedings shall lie or continue for the recovery thereof. (2) All amounts paid or collected under sub-section (1) shall be paid to the Sreepadam Palace after deducting— (a) five percent thereof on account of collection charges; (b) the amount, if any, due from the Sreepadam Palace to the Government. (c) the rent, if any, collected before the appointed day by the Sreepadam Palace from any landholder in respect of the financial year in which the appointed day falls or any subsequent financial year. (3) All amounts which the Tahsildar is entitled to collect under sub-section (1) shall be a first charge upon the land in respect of which such amounts are payable, subject only to the charge for basic tax. 11. Issue of pattas, etc., to landholders. —(1) As soon as may be after the appointed day, the Government shall issue pattas or other documents evidencing the right of the landholder in the lands comprised in their holdings. (2) The pattas or other documents issued under sub-section (1) shall contain such particulars as may be prescribed. 12. Appointment of officers to settle tax, etc. — (1) The Govern ment may appoint or authorise such officer or officers as they deem necessary for the purpose of settling the tax or other dues payable by landholders to the Government or to any other authority and for the issue of the pattas or other documents referred to in sub- section (1) of section 11. (2) An officer appointed or authorised under sub-section (1) shall perform such other functions as may be prescribed. 13. Appeal . — Any person aggrieved by an order of any officer appointed or authorised under sub- section (1) of section 12 may appeal to the Revenue Divisional Officer having jurisdiction over the area in which the holding is situate, within sixty days from the date of the order. Explanation .— For the purpose of computin g the said period of sixty days, the date of communication of a copy of the order to the appellant shall be deemed to be the date of the order. (2) A copy of every order against which an appeal lies under sub-section (1) shall be communicated in such manner as may be prescribed. 14. Revision .—The District Collector may, either suo motu or on an application by a landholder, call for the record of any proceeding in which an order has been passed by the Revenue Division al Officer under section 13, and may make such inquiry or cause such inquiry to be made and pass such order thereon as he thinks fit. Provided that the District Collector shall not revise any order un der this section in any case— (a) where the application is made by the landholder for such revision, unless the application is made within one year from the date of the order sought to be revised; and (b) where the order is sought to be revised by the District Collector of his own motion, if such order is made more than one yea r previously. 15. Finality of orders. —(1) Any order passed by any officer or authority under this Act in respect of matters to be determined for the purposes of this Act shall, subject only to any appeal or revision provid ed under this Act, be final.
  • 4. (2) No such order shall be liable to be questioned in any court of law. 16. Indemnity . —(1) No suit or other legal proceeding shall lie against the Government for any act which is in good faith done or intended to be done under this Act. (2) No suit, prosecution or other legal proceeding shall be instituted against any officer or other person for anything in good faith done or intended to be done under this Act or any rule made thereunder. 17. Provisions in regard to liabilities of Sreepadam Palace . —(1) All claims and liabilities enforceable immediately before the appointed day against the Sreepadam Palace in respect of any Sreepadam lands shall, on or after that day, be enforceable only against the annuity or compensation as the case may be, payable to the Sreepadam Palace under this Act, and to the same extent to which such claim and liabilities were enforceable against the interests of the Sreepadam Palace in the said lands immediately before the appointed day. (2) No court shall, on or after the appointed day, order or continue execution in respect of any decree or order passed against the Sreepadam Palace or against the interest it had in any Sree padam lands, and execution shall be ordered or continued in such cases in conformity with the provisions of sub-section (1) only as against the annuity or compensation payable to the Sreepadam Palace. (3) All rights and privileges which may have accrued in any Sreepadam lands to any person before the appointed day against the Sreepadam Palace shall cease and determine and shall not be enforceable against the Sreepadam Palace or against the Govern ment, and every such person shall be entitled only to such rights and privileges as are recognised or conferred on him by or under this Act. 18. Power to make rules . —(1) The Government may, by notifi cation in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the procedure for the issue of pattas or other documents and the particulars they should contain; (b) prescribing forms where forms are necessary; (c) the fees for appeals and applications for revision under this Act; (d) regulating the powers of the Revenue Divisional Officer in appeals under this Act and the procedure to be followed in such appeals. (e) any other matter which has to be , or may be, prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulmen t shall be without prejudice to the validity of anything previously done under that rule. 19. Amendment of Act 13 of 1961 .—In section 2 of the Kerala Lan d Tax Act, 1961 (13 of 1961), in sub-section (1), clause (iii) sha ll be omitted.
  • 5. THE SREE PANDARAVAKA LANDS (VESTING AND ENFRANCHISEMENT) ACT, 1971 (Act 20 of 1971) An Act to provide for the enfranchisement of Sree Pandaravaka lands held by landholders and for the vesting in the Government of certain Sree PandaravakaThanathu lands Preamble.- WHEREAS it is expedient to provide for the enfranchisement of Sree Pandaravaka lands held by land-holders and for the vesting in the Government of certain Sree Pandaravaka Thanathu lands ; 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 Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971. (2) (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 2. Definitions.- In this Act, unless the context otherwise requires,- a) “ appointed day” means the day on which this Act comes into force ; b) "basic tax" means the tax imposed under the provisions of the Kerala Land Tax Act, 1961 (13 of 1961) ; c) "financial year" means the year commencing on the 1st day of April ; d) "holding" means any parcel or parcels of Sree Pandaravaka land held by a landholder; e) "kuthakapattom" means a lease of Sree Pandaravaka Thanathu lands or of trees on such lands granted for a consideration payable in money or in kind or in both, whether annually or otherwise ; f) " landholder" means a person who holds Sree Pandaravaka land directly under the Temple on Pattom, Otti, Jenmon, Kudijenmom or Danam or under any other tenure by whatever name called, and includes his heirs, legal representatives and assigns; but not include a person who holds Sree Pandaravaka Thanathu lands on kuthakapattom ; g) "prescribed" means prescribed by rules made under this Act ; h) "rent" means whatever is lawfully payable in money or in kind or in both, to the temple by a landholder for the use and occupation of any Sree Pandaravaka land ; i) "Sree Pandaravaka land" means any land owned by the Sree Padmanabhaswamy Temple and registered in the revenue records as "Sree Pandaravaka" ; j) "Sree Pandaravaka Thanathu land" means land registered as "Sree Pandaravaka Thanathu" in the revenue records and includes such land held on kuthakapattam ; k) " Temple " means the Sree Padmanabhaswamy Temple at Trivandrum. 3. Extinguishmnet and vesting of certain rights of the Temple. – (1). Notwithstanding anything contained in any law or contract or in any judgment, decree or order of court, with effect on and from the appointed day,- a) all rights, title and interest of the Temple in all Sree Pandaravaka lands held by landholders shall stand extinguished ; b) All rights, title and interest of the Temple in all Sree Pandaravaka Thanathu lands,except those referred to in sub-section (2), shall vest in the Government ; c) every building which immediately before the appointed day belonged to the Temple and was then being used as an office in connection with the administration of the Melkanganam branch of the Sree Pandaravaka Department and for no other purpose, shall vest absolutely in the Government free of all emcumbrances. Explanation.- For the purposes of this sub-section, "building" includes the site on which it stands and any land appurtenant thereto. (2). Nothing contained in sub-section (1) shall apply to the lands
  • 6. specified in the Schedule. (3). The Government may, on being satisfied that any Sree Pandaravaka Thanathu land is absolutely indispensable for the maintenance, upkeep and use of the Sree Padmanabha swamy Temple, or any temple attached thereto, direct, by notification in the Gazette, that the rights, title and interest in respect of such land shall cease to vest in the Government and thereupon such rights, title and interest shall re-vest in the Sree Padmanabhaswamy Temple. (4) If any question arises as to whether any building falls or does not fall within the scope of sub-section (1), it shall be referred to the Government whose decision thereon shall be final and shall not be liable to be questioned in any court of law. 4. Landholders to be vested with proprietary right .-Notwithstanding anything contained in any law or contract or in any judgment, decree or order of court, with effect on and from the appointed day,- a) every landholder shall, subject to the provisions of section 8, have full proprietary right in the land comprised in his holding, and such right shall be heritable and alienable ; b) except as provided in section 13, no landholder shall be liable to pay rent to the Temple . 5. Treatment of Thanathu lands.- (1) Wherein in respect of Sree Pandaravaka Thanathu lands vested in the Government under clause (b) of sub-section (1) of section 3, there is a lease on kuthakapattam, such lease shall be deemed to continue under the Government on the same terms and conditions as under the Temple. (2) Subject to the provisions of sub section (1), the Government may, at any time after the appointed day, after reserving the Sree Pandaravaka Thanathu lands necessary for Government or public purposes, assign on registry in such manner and subject to such restrictions and conditions as may be prescribed the remaining lands vested in the Government under clause (b) of sub-section (1) of section 3. 6 . Compensation to the Temple .-(1) The Government shall by way of compensation for the extinguishment of the rights, title and interest of the Temple under clause (a) of sub-section (1) of section 3 and for the vesting in the Government of its rights, title and interest in Sree Pandaravaka Thanathu lands and of buildings under clauses (b) and (c) of that sub-section pay in perpetuity to the Temple every financial year beginning with the financial year in which the appointed day falls, an amount of fifty-eight thousand and five hundred rupees as annuity. (2) The annuity payable under sub- section (1) shall be paid in one lump every financial year on such date and in such manner as may be prescribed. 7. Certain landholders to pay compensation for rights vested in them.- (1) Every holder, the annual rent payable by whom immediately before the appointed day in respect of all the Sree Pandaravaka lands held by him is more than the amount calculated at the rate of four rupees and ninety-four paise per hectare of such lands, shall, in consideration of the rights conferred on him under section4, be liable to pay to the Government compensation as provided in sub-sections (2) to (8). (2) The amount of compensation payable by a land holder under sub-section (1) shall be equal to sixteen times the difference between the annual rent payable by the land holder immediately before the appointed day in respect of all the Sree Pandaravaka lands held by him and the amount referred to in that sub-section. (3) Where the annual rent in respect of land comprised in a holding or part thereof is fixed in paddy, such annual rent shall, for the purposes of this section, be commuted into money at the rate of two rupees and twelve paise per standard para of paddy : Provided that in respect of the lands in the Chrayinkil taluk for which the commutation rate adopted has been eight and a half chakrams per para of paddy, the commutation rate shall be thirty paise per standard para of paddy. Explanation .-For the purposes of this sub-section, "Standard para" means the measure equivalent to 13.11 litres. (4) The amount payable under sub- section (1) shall be paid in sixteen equal half-yearly instalments, the first instalment commencing from such date as the Government may specify by notification in the Gazette. (5) If any instalment of the compensation payable under sub-section (4) is not paid on the due date, the amount of such instalment
  • 7. shall bear interest at the rate of five per centum per annum from that date till the date of payment of that instalment. (6) Nothing contained in sub-section (4) shall be deemed to preclude a landholder from paying at any time a larger sum than the amount of an instalment, or from paying two or more instalments together or from paying the whole amount due in one instalment.. (7) If any sum in excess of the amount of any instalment is paid by the landlord, it shall be credited towards the succeeding instalment or instalments. (8) Where a landholder pays the entire amount due in a lump sum on or before the date on which the first instalment is payable, he shall be allowed a rebate of twenty-five per centum of the amount so paid. 8. Liability to pay basic tax.- (1) With effect on and from the appointed day, all Sree Pandaravaka lands held by landholders immediately before that day shall be deemed to be pandaravaka lands for all purposes and shall, subject to the provisions of the Kerela Land Tax Act, 1961 (13 of 1961), be liable to be charged with basic tax. (2) The landholders shall be liable to pay the basic tax and the provisions of the Kerala Land Tax Act, 1961 (13 of 1961), shall apply for the levy and collection of such tax. (3) "Rajabhogam" payable to the Government by any landholder in respect of any Sree pandaravaka land shall cease to accure with effect on and from the appointed day. 9. Issue of pattas and other documents to landholders.-(1) As soon as may be after the appointed day, the Government shall issue pattas or other documents evidencing the full proprietary rights of the landholders in their holdings. (2) The pattas or other documents issued under sub-section (1) shall contain such particulars as may be prescribed. 10. Appointment of officers to settle compensation payable by landholders and for issue of pattas.- The Government may appoint or authorise such officer or officers as they deem necessary for the purpose of making enquiry and determining the compensation payable by the landholders to the Government under section 7 and for the issue of pattas or other documents under section 9. 11. Appeal .-(1) Any person aggrieved by an order of any officer appointed or authorised under section 10 may appeal to the District Collector, Trivandrum or any other officer empowered in this behalf by the Government, within sixty days from the date of the order. Explanation .-For the purpose of computing the said period of sixty days, the date of communication of a copy of the order to the appellant shall be deemed to be the date of the order. (2) A copy of every order against which an appeal lies under sub-section (1) shall be communicated in such manner as may be prescribed. 12. Revision .-(1) The Board of Revenue may, either of its own motion or on application by any person aggrieved by an order passed by any officer under this Act, call for and examine the record of any proceeding in which such order has been passed, for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order thereon as it thinks fit : Provided that the Board of Revenue shall not call for the record of any proceeding if an appeal against the order to which the proceeding relates is pending or if the time for preferring appeal against such order has not expired. (2) The Board of Revenue shall not of its own motion call for and examine the record of any proceeding under sub-section (1) if the order to which the proceeding relates has been made more than two years previously. (3) In the case of an application under sub-section (1) by any person aggrieved, the application shall be made within two years from the date of the order in question. 13. Collection of arrears of rent .-(1) With effect on and from the appointed day, the Temple shall not be entitled to collect and rent which accrued due to it from any landholder in respect of his holding before, and is outstanding on, that day, but the Tahsildar of the taluk in which the holding is situate shall be entitled to collect all such arrears of rent and any interest payable thereon as if they were arrears of public revenue due on land : Provided that if a landholder pays within 2. (six years) from the appointed day, in such manner as may be prescribed, an amount equal to the arrears of rent for a financial year or the actual arrears outstanding on the appointed day, whichever is less, together with interest thereon, all arrears of rent
  • 8. shall be deemed to be fully discharged and no suit or other proceedings shall lie or continue for the recovery thereof. (2) Where the annual rent on any land comprised in a holding or part thereof is fixed in paddy, such annual rent shall, for the pruposes of this section, be commuted into money at the rate of two rupees and twelve paise per standard para of paddy : Provided that in respect of the lands in the Chrayinkil taluk, for which the commutation rate adopted has been eight and a half chakrams per para of paddy, the commutation rate shall be thirty paise per standard para of paddy. Explanation .-For the purposes of this sub-section "Standard para" means the measure equivalent to 13.11 litres (3) All amounts paid or collected under sub-section (1) shall be paid to the Temple after deducting-- (a) five per cent thereof by way of collection charges ; (b) the amount, if any, due from the Temple to the Government ; and (c) the rent, if any, collected before the appointed day by the Temple from any landholder in respect of the financial year in which the appointed day falls or any subsequent financial year. 14. Certain amounts to be first charge .-The compensation payable by a landholder under section 7 and any amount which the Tahsildar is entitled to collect under sub-section (1) of section 13 shall be a first charge upon the land in respect of which such compensation or amount is payable, subject only to the charge for basic tax. 15. Provision for Melkanganam staff .-Notwithstanding any law, custom or contract to the contrary, the following provisions shall apply in regard to the persons employed in the Melkanganam Branch of the Sree Pandaravaka Department immediately before the appointed day, namely:- (a) The Government shall have power to terminate the services of any such person after giving him one calendar month's notice or paying him one month's pay in lieu of such notice ; (b) persons whose services are retained shall be governed by such rules as the Government may make in regard to them. 16 . Administration of temples under management of Melkanganam .-Notwithstanding any law, custom or contract to the contrary, the following temples which have hitherto been administered by the Melkanganam Branch of the Sree Pandaravaka Department shall, on and from the appointed day, be administered by the Executive Officer appointed under sub-section (2) of section 18 of the Travancore- Cochin Hindu Religious Institutions Act, 1950 (XV of 1950), in accordance with the provisions of that Act :- (a) Sree Subramonia Swamy Temple , Puthenchanthai, Trivandrum ; (b) Sabhapathi Temple , Chalai, Trivandrum ; and (c) Sree Vazhichal Kanthan Sastha Temple , Vazhichal, Neyyattinkara Taluk. 17. Finality of orders .-(1) Any order passed by any officer under this Act in respect of matters to be determined for the purposes of this Act shall, subject only to any appeal or revision provided under this Act, be final. (2) No such order shall be liable to be questioned in any court of law. 18. Indemnity. -(1) No suit or other legal proceedings shall lie against the Government for any act which is in good faith done or intended to be done under this Act or any rule made thereunder. (2) No suit, prosecution or other legal proceedings shall be instituted against any officer or person duly appointed, authorised or empowered under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule made thereunder. 19. Provisions in regard to liabilities of the Temple .-(1)All claims and liabilities enforceable immediately before the appointed day against the Temple in respect of any Sree Pandaravaka land referred to in clause (a) or clause (b) of sub-section (1) of section 3 or in respect of any building referred to in clause (c) of that sub-section shall, on or after that day, be enforceable only against the annuity payable to the Temple under this Act. (2) All claims and liabilities referred to in sub-section (1) shall be enforceable against the annuity payable to the Temple under this Act to the same extent to which such claims and liabilities were enforceable against the interest of the Temple in the said land or building immediately before the appointed day. (3) No court shall, on or after the appointed day, order or continue execution in respect of any decree or order passed against the Temple or against the interest it had in any Sree Pandaravaka land or building referred to in sub-section (1), and execution shall be
  • 9. ordered or continued in such cases in conformity with the provisions of sub-sections (1) and (2) only as against the annuity payable to the Temple. (4) All rights and privileges which may have accrued in any Sree Pandaravaka land or building referred to in sub-section (1) to any person before the appointed day against the Temple shall cease and determine and shall not be enforceable against the Temple or against the Government, and every such person shall be entitled only to such rights and privileges as are recognised or conferred on him by or under this Act. 20. Board of Revenue, District Collector and other officers to have certain powers of civil court .-The Board of Revenue, the District Collector, Trivandrum and any other officer exercising any power or performing any function under the Act shall, for the purposes of this Act, have all the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (Central Act5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of any document ; (c) receiving evidence on affidavit ; and (d) requisitioning any public record or copy thereof from any court or office. 21. Power to make rules .-(1) The Government may, by notification in the Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the procedure for the determination of compensation payable by the landholders under this Act ; (b) the procedure for the issue of pattas or other documents and the particulars they should contain ; (c) prescribing forms where forms are necessary; (d) the procedure before the officers appointed or authorised under section 10 and the procedure in appeals and revisions under this Act ; (e) the manner in which and the conditions and restrictions subject to which lands vested in the Government under this Act may be assigned ; (f) any other matter which is to be, or may be, prescribed for the purposes of this Act. (3) Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 22. Effect of this Act .-The provisions under this Act shall be deemed to be "other arrangements" made regarding the management of Sree Pandaravaka properties within the meaning of section 23 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of 1950). 23 . Amendment of section 2, Act 13 of 1961 .-In section (2) of the Kerala Land Tax Act, 1961 (13 of 1961), in sub-section (1), clause (ii) shall be omitted. THE SCHEDULE (See section 3 (2) ) Village Survey number Extent Tenure Devaswoms Acre Cent Vanchiyoor 560/4 1 82 Sree Pandaravaka Village Thanthu Pooja Nelpura Do 560/134 .. 12 Pooramboke- Sree Sirkar Padmanabha Thanathu Swamy Ulsamatom Temple
  • 10. Do 560/135 3 2 Sree Pandaravaka Thanathu Do 660/268 .. 14 Sirkar Nellukuthupura Do 560/311 .. 7 Sirkar Thanathu Chottupura Do 587 .. 36 Sree Sree Pandaravaka Padmanabhasw Thanathu amy Temple (Mithranandap uram Nambimatam) Do 719 .. 19 Sree Sree Pandaravaka Padmanabhasw Thanathu amy Temple Virakupura Do 1200 .. 51.448 Kulam do Poramboke Do 1201 1 16.973 Sree Subramonia Pandaravaka Swamy Temple Thanathu Chengazhaserr 2757 .. 73 do Sabhapathy y Temple at Chalai 1. Published in the Gazette Extraordinary No. 295, dated 28th June, 1971 ) 2. Substituted by Act 18 of 1977