The Land Reforms Ordinance was a law in the state of Kerala, India under the E. M. S. Namboodiripad government limiting the amount of land one person could own.
The EMS government was the first communist state government popularly elected to power in India, in the southern state of Kerala. Soon after taking its oath of office, the government introduced the controversial Land Reforms Ordinance, which was later made into an act. This, along with an Education Bill, raised a massive uproar from the landlord classes. The popular slogan for the radical socialists was "the land for tillers", which sent shockwaves through the landlord classes in the country. The ordinance set an absolute ceiling on the land a family could own. The tenants and hut dwellers received a claim in the excess land, on which they had worked for centuries under the feudal system. In addition, the law ensured fixity of tenure and protection from eviction. These ground-breaking measures caused the premature death of the state government, as the central government, under Nehru, used article 356 to dismiss it, alleging the breakdown of law and order. The land reforms in Kerala imparted drastic changes to the political, economic and social outlook.
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5. Special Provision.- Notwithstanding anything contrary contained in any
other provisions of this Act or in any judgment, decree or order of any court or
tribunal or Taluk Land Board or Land Board no ceiling case in respect of cashew
estate or vanilla gardens which had been surrendered to the Government as excess
land and the possession of such land had been taken over by the Government as per
the provisions of the principal Act before the date of commencement of the Kerala
Land Reforms (Amendment) Act, 2002 shall be reopened and accordingly,-
(a) all acts, proceedings or things done or taken by the Taluk Land Board or
the Land Board or the Government in connection with the taking over the
possession of such excess lands shall, for all purposes be deemed to be, and to
have always been done or taken in accordance with law;
(b) no suit or other proceedings shall be maintained in any court or tribunal
against the Government, the Taluk Land Board or the Land Board or any
person or authority whatsoever for the recovery of possession of any such
land; and
(c) no court or tribunal or authority shall enforce any order directing the reconveyance
of any such land.
STATEMENT OF OBJECTS AND REASONS
The Kerala Land Reforms Act, 1963 provides for imposition of ceiling on
holdings. However certain kinds of lands are exempted from ceiling limit. They
interalia includes plantations, private forests etc. lands principally cultivated with tea,
coffee, cocoa, rubber, cardamom or cinnamon will come under plantation. At
national and international level the production of tea, coffee, cocoa etc has increased
and the price of these commodities comes down. The landholders are therefore
reluctant to cultivate the above items. Cashew estates having a contiguous extent of
ten acres or more were originally exempted from ceiling limit. Act 35 of 1969 took
this exemption away with effect from 1.1.1970. This has affected adversely the
traditional cashew industry in our State. Further medicinal plants and vanilla are
highly demanded items all over the world. The planters of these items of land are
demanding to exempt their lands from ceiling provisions. Further land holders
cultivated with plantation will not get the exemption from ceiling limit if they used
the land for non plantation purposes. Therefore it was considered necessary to grant
exemption to lands planted with cashew, medicinal plant and vanila from ceiling
provision and the holders of such land may be allowed to convert their lands for other
plantation purposes.
2. The Bill seeks to amend the Kerala Land Reforms Act, 1963 for the above
purposes.
FINANCIAL MEMORANDUM
The Bill, if enacted and brought into operation, would not involve any
additional expenditure from the consolidated fund of the State.