The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 Act 26 of 1963 Keyword(s): Agriculture, Estates Land Act, Existing Inam Estate, Impartible Inam Estate, Inam Estate, Landholder, New Inam Estate, Part Village Inam Estate, Principal Landholder, Private Land, Pudukkottai Inam Estate, Rent, Ryot, Ryoti Land, Village Amendment appended: 23 of 1969 Short title, extent applic tion and GO mencement. " , ahi&,sta tes (Abolition an$ I $.N. A C ~ 1 ~n version ill to Ryot tvuri) '[TAMIL NADU] ACT No. 26 OF 1963.2 THE T TAMIL NADU] INAM ESTATES (ABOLITIO AND CONVERSION INTO .RYOTWARI) ACT, 196 1 I [Recs.vcd the assent of the President on' the l l t Dcccmber 1963, first published in the Fort St. Georg Gazette on the 1st January 1964 (Pausa 11, '1885).] An Act to provide for &the acquisition of the rights landholders in inam estates in the 3[State .:-of Tamil N ~ d u ] and the introduction of the ryotwari settle- ment in such estates. BE it enacted by the Legislature of the 8[State *of Tami Nadu] in the Fourteenth Year of the Republic of Indi as follows :- . . ', CHAPTER I. I P R E ~ ~ ~ ~ ~ . , 1. (1) This Act may be called the lnamil- Nadu] Inam Estates (Abolition and Conversion into Ry otwar j) Act, 1963. (2) It extends to the whole of' the 8[State of Tamil , Nadu], except- (i) the Shencottah taluk of the Tirunelveli district ; (ii) the Kanyakumari district ; and (iii) the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Bound- aries) Act, 1959 (Centr-! Lrf 55 of 1959). (3) It applies to all inam estates. f - -- - 1 Tl..ese wo ds were substituted for the word " Madras '* by the Tamil N d u Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1 969. For Staten.eni of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 27th April 1962, Part IV--Section 3, pages 4647; for Select Committee Report, see Fort St. George Gaz9tte Extraordinary, dated the 14th August 1963. Part IV-Sectlon 3, pages 121 to 188. BY virtue of section 6 of the Tamil Nadu Inam Estates, Lease holds and Minor hams (Abolition aljd Conversion into Ryotwari) Amendment Act, 1975 (Tamil Nadu Act 2 of 1976) the provision^ in respect of private tanks and ooranies shall have effect notwith, standing anything inconsistent tprewith contained in otha law for the time beir~g in force or any custom, usage or contract or decree or order of a court or other authority. 8 This expression was substituted for the expression stat^ of Madras '* by the F!-amil Nadu Adaptation of Laws Order, 1 96gi as amended by the Tamil Nadu Adaptation of Law ( b d a d - Order, 1 x 9 . . '! 4 inan; k~ ia i e s (Ahotiiio~; nnd 91 Culz versiotr i ~ t o .RJ1ot lvurij am estate, on such date as the Goverrrment I te a Tj~ia sub-section was added by seclion 2 of tbc Tami No(111 ,. 'barn Esf dcs (Abolition sIld Co~~version into Ryo! wori) A mend- , luent : k t , 1969 (Tamil Nadu Act 23 of' 1969). - 42 , i , a incrrrr Estates (Abolition [ 1963 : T.$, Act Cotz version into ktyqtwuri) I Provided that in the case of any such Puduk inam estate, the settlement of which is published sub-section (2) of section 3 of the Pudukkottai (Settle of Inams) Act, 1955 (l[Tamil Nadu] Act XXIII of 1 on a date subsequent to the 15th February 1965, the of this Act as aforesaid shall be deemed. to have come force in regard to such Pudukkottai inam estate on subsequent date : Provided further that where, in regard to an Pudukkottai inam estate, the operation of .the rest of Act as aforesaid has been stayed or interrupted by o of court or Tribunal or other authority constitute ally Iitw for the time being in force, the date from which the Governmtnt have been in uninterrupted p%ssession of such estate shall be deemed to be the date on which the rest of this Act rs afoi esaid shall be deemed to haye come into force.] Definitions. 2. In this Act, unless the context otherwise~requiresp- * * I (1) " agriculture" with its grammatical v and cogn2te expressions shall include horticulture ; (2j " Director " -means the Director of Settlement appointed under section 4 ; (3) " Estates Land Act " means tht! l[Tamil- Nadu] Estates Land Act, 1908 (%[Tamil Nadu] Act L of 1908) ; , . i (4) " existing inam estate " means ,an inam village which' I~ecame an estate by virtue of the 'Famil 'NadG] . b Estates Land (Third Amendment) Act, 1936 (![T&l Nadu] Act XVIII 8 of 1936) ; / & , \ (5) " ~overnment " means the State Government; , . L 1 - r . T d (6) " impartible inam estate " means . ; &' z estate governed immediately before the notified date; 8- -4.: ".y 8 by the lpamil Nadu] Impartible Estates Act, 1904 ('padl Nadu] Act I1 of. 1904) jl k*: 4' 1 p"- -- --- C, 1 These words were substituted for ,the word "'Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as the Tamil Nadu Adaptation of Laws (Second ~mead&a) 1w. 4 - Inam Estates (Abolition and Conversion into Ryotwari) (10) " notified date" in relation to the in other than a Pudukkottai inam estate sp Schedule I-A)] means the date appointed by a n issued under sub-section (4) of section 1 as the date which the provisions of this Act (other than sections 4, 5, 7, 8, 56 (3), 59, 64, "73 and 751) shall come into for in regard to the inam estate, any such notification has been stc order of court or Tribunal or othe under any law for the time which the Government hav possession of the inam estate. an shall be c~nstructed accordingIy ; 3[(10-~) " notified date " in relation to a Pudukk inam estate specified in Schedule I-A means the February 1965 : Provided that in the cas inam estate, the settlement of w sub-section (2) of section 3 o of Inams) ~ c t , 1955 CParnil on a date subsequent to the 15th date " means such subsequent date : Provided further that where the operation of this Act (other than sections 2, 4, 5, 7, 8, 56 (3), 59, 64, 73 and 75) has bcen stayed or interrupted by order of court or Tribunal or other authority constituted under any law for the time being in force, the date from which the Govern- ment have been in uninterrupted possession of such inam estate shall be deemed to be the notified date; ] - --- 1 These brackets, words, figure and letter were inserted by section 3 (i) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryo. -;'I -4mendnrnt Act, 1969 garnil Xadu Act 23 of 1x9). 'Thew fi3urec; and word were substituted for the figures and word " 73,75 and 76 " by section 3 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1968 (Tamil Nadu Act 21 of 1968). This clause was inserted by secti Inam Estates (A4%~litien and Conv wi . 0 ! : kc?, 5 ,& These wortis were substituted for the word ccMadras'* by Tamil Nnd~l Aflnpration of Laws Order. 1969, ikr amcndect by t Tamil Nadu Adaptation of 1,nws (Second Amenchtncnt) Ord 1959. . - h a m Estates (Abolition and I uent to the grant, such part has been partitioned the grantees or thc successors-in-title of the grantee f i I ; 1 i (12) " princip~l latidholder" means the person who held inam estate immed.iately before the notified das ; and (4 in the case of an inanl estate held by a joint Hindu : fmily immediately bcfc i e ti,;.L ;: ..: : mecns sucl l joillt ;family; and (b) in the case of an impartible innm estate :means the person entit led to the possessiorl ciC nich estate immediately befoorc that d:lte ; (13) " private land "--- I %tatk2br:ate~ (Abolition bnd onv version into Ryo mar f ) (ii) il.t relation to a new inam estate shall mean- (a) the domain or home-farm land of the by mtever designation.hown, such as, kamb sir) or p a m i ; or ( b ) land whiab is proved to have been the iaaoider. himself, by .his owl servant labour, with his own or hired stock for a GO of twelve years immediately before the 1960, provided that the ladholder has re a m ever since and has not, converted the la ryoti land ; or (c) hnd the entire kudiwararn in wh by the landholder before the 1st day of April valuable consideration from a person omin waram but not the melwaram, provided that ths has rzbinc:d the kudiwararn ever since land has not c;on ve~ted. the into ryoti land w h e ~ th2, kudi waram was acqui cent the land shall nc t be deemzd it is proved to have been.cultivated 'by ths land86lder himself, by his own servants or by hired labour, with his own or hired stock for .a continuous p:r iod of t~elv&years sine the acqcisition of the land and before tbei ' 1st day of April 1960 ; , ~ (14) " Pudukkottai inam estate" 'means an inam y&ge in the merged territory of Pudukkottai and speci&d in Schedule I I[. . . . . . . . . . , . . . . . . . . . . . . . . . . . . .] rand . in. cludes such of the inam'areas in the said territory as are specified in Schedule I-A]; (1 5) " rent "-- (i) in relation to an existing inam estate shall bve the same meaning as in clause (11) of section 3 of Estates Land Act ; and --- 1 The words 'and includes such other wi~ole inam village in the said territory as the Government may, by notification, from timo to time, specify" were omitted by section 2 of the Tamil ad^ Iwm Estates (Abolitica and Conversion iqto Ryotwari) Amendment A*, 1965 (Tamil Nadu Act 11 of 1965). e % 'This exoressi~n was added by section 3 (iv) of the Tamil ~~d~ Inam W tates ( k bolit ion and Cbnversion into Ryotvtari) bendment $ k t , 1969 (Tamil M t d ~ Act 23 of 1969), which was deemed to havr come into fore on the 15th Febtuqry 1963. . .L*.R3R-;-r r- I . .n- -r-.--.rr -r*ll..LLr-lrr---X-- 7 -- - ---- - . ..-. - Imm E s t ~ tcs (~boii t ion anr/ Con versiorz i:zto mod w&) (ii) in relation to a n rw inam e s t ~ te shall mean ney or in kind 01 in both se or occupation of land shsll include whatever account of water suppiied by the is per mission for w! ltiva tion for wa tzr has not been consolideted r the use or occupation of (a) any low 1 tax, cess, fee or sum iawfu lly payabk to holder by a ryot as s ~ c h in addition to the rent due ing to law or usage having the foice of law and also my recoverable under any enactment for the time in force as if it was rent ; and (6) sums lawfu lly payable to a landhoider b:r a ryot ge fees urlu fisl~ery rents 1 am estate shall have the section 3 of tbe E3tates in relation to a new inam estate shall mean a person gricu lture rpt i land in au clS to the landholder the rent . . F ' 6 - f ' * i 8 *'F I :. Innm Estates (Abolition and [I963 .: T.N. Act 26 t ----.-- --- --i \-- Conversion into Ryotwari) b:xPII)~tian.-In relation to a new iuam estate- . . . . ,.. 'purposes ol: thls ACT; (ii) a oerson unauthorisedly occupying rycti land from firs; of such payments;if more than- one,ihe land bolder has filed a suit in a civil court for ejectment against such - (17) " ryoti land "- (i) in relation to an existing inam estate shall have the same meaning as in clause (16) of section 3 . pf,tbe A - T A A A -- rl . ; I a : T.N. Act 261 f ~ ~ a m Estates (Abolition &$ @* Conversion info .Ryotw C7 4 " " and ari) situated in any new inam estate which are set mon use of the viwgers ; 8: (c)" lands granted on service-tenure either free of pl on favourable rates of rent granted before the pas- $this Act so long as the service-tenure subsists ; $ t) "' Settlement Officer " in relation to any inam part of an inam estate means the under sub-section (1) of section officer appoin 51 ted ) " Tribural" means a Tribunal constituted under r ~ , 8 and having jurisdiction ; Y * ;+ > in relation to'an existing inam estate shall have the ~'mlmcnnine as in clause (191 of section 3 of the Estates # " + M) 'in relation to a new inam estate shall meall any which is designated as a village in the revenue $Pnts and for which the revenue accounts are separately gain,ed by one or more karnarns or which is now %A hv the Gnvernment or may hereafter be declared & Government for the purposes of this Act to be a s and shall include any hamlet or hamlets which 6 ,. attached thereto. - 8 t\C@o L. : ~nbm Zstates (~bol i t ion and .I \ * - - . -'Convepsion into Xyotwari) CHAPTER TI, t? CONSBQ~NCES OF NQTIFICATLON' OF INAM Consequences of notlflcation 3. With effect 6; and from the notified date ank i h k c otherwise expressly provided in this Act- of inam estate. i . in respect of which the rate of re - - before the notific Nadu] Estates Land Act, 1908 1908), the Pudukkottai (Settl (l[TamilNady] Act XXIII of 1955) and all other e ments applicable to the inam estate as such shal deemed to have been repealed in their appli inam estate; (b) the entire inam cstat: (including lands and porambokes, other non-ryoti lands, wa pasture lands, forests. mines and minerals, and streams, a[tanks and oora:lies (includin and ooranies) and irrigation works] fisheri shall stand transferred to the Governm vest in them free of all encumbrances, and the Nadu] Revenue Recovery Act, 1864 ('[Fa II of 18641, the l[Tamil Nadu] Irrigation (l[Tamil Nadu] Act VII of 1865), and all other ena applicable to ryotwari areas shall apply to the inam es (c) all rights and interests created ir or over inam estate before the notified date by the principal any other landholder, shall as against the Govemrn cease and determined ; These words were substituted for the word " Madras ' Tamil Nadu Adaptation of Laws Order, 1969, as amended Tamil ETadu Adaptation of Laws (Second Amendment) Order, " These brackets a These words and brac always to have been subst it :ion worksw by sectior; 2 Lease-hold? and Minor I Ryotwari) Amendment Inam Estates (Abolition nnd 161 Conversion into Kyot wari) Goverument may, after removing any obst- . , may be olered. forthwith take p~ssession estate and all accounts, registers, pattas, s, maps, plans and o&er documents relating to estate which the Government may require for inistration thereof: I C . . - . the principal or any other landholder and any on, whose rights stand transferred under clause (b) and determine under clause (c), shall be: entitled uch rights and privileges as are recognized or on him by or under this Act ; (f) the relationship of landholder and ryot, shall, as them, be extinguished ; ) any rights and privileges which may have accrued am estate, to any person before the notified date ! * - I 4 the principal or any other landholder thereof, cease and determine, and shall not be enforceable 102. lnam Estates (Abolition and Conversion &to Ryotwari) 4. As soon as may be after the Appointment and functions of in the Fort St . George Gazette*, t Director of appoint a Director of Settlements Settlements. settlement operations in inam esta wr-i settlement therein. The Dire to the Board of Revenuet. Appointment 5. (1) AS soon as ma and functions of Act in the Fort St. George Gazett the Settlement appoint one or more Settlement Officer. functions and duties assigned t Act. (2) Every Settlement Office the Director and shall be guid tians as he ltlay issue, from tim shall also have power to cancel acts or proceedings of the Se those in respect of which an Manawrs of 6. (1) Wit11 effect on and from the notified date, barn Government shall appoint one or more persons to man the inam estate. , . . (2) Every manager shall Collector and shall be guided by such lawful instructi as he may issue, from nme to time ; and the Dist Collector shall also have power to cancel or revise a of the orders, acts or proceedings of the manager,, Powers of 7. The tJ3oard of Revenue shall have power--2 ' 29 control of the (a) to give effect to the provisions of this Act and Board Of particular to superintend the taking over of inam Revenue?. and to make due arrangements for the interim a ration thereof ; . . . (b) to issue instructions for the guidance of the birect District Collectors, Settlement . Officers znd M ~ ~ & of inam estates ; ' and (c) to cancel or revise proceedings of the Director including those - passed, d . . of revisidnai powers. . . Constitution of ,8 . (1) The ~overnmen Tribunals for mrtab pumose~. as may be necessary~fo - -- ?By virtue of section' 10 Abolition Act, 1980 (Tamil Board of Revenue shaH b Government, *Now the Tamil Nadu ~ o ~ e r n n t e n t Gazette,' Inam Estutes (Abolition tznd Conversion into R pot wuri) consist of one person only not below the rank of Subor: . - Tribunal shall have such jurisdiction, and f, as the Gover n... om time to time, determine. ry Tribunal shall, subject to the protisions -A,] have the same powers as are vested,in under the Code of Civil Procedure, ' 1908 ' Act V of 1908) when trying a suit or when hearing' . . CHAPTER 111. GRANT OF R~OTWARI PATTAS. existing inam estate, t'he land- Lands in v landholder n and from the notified date, to atta in respect of- . ' ryotwari pa 11 lands which immediately before the notified' m as private land within the of clause (10) of section 3. of lai~a in a record r XI or Chapter ovided that the private land referred lo in sub. (1) has not been subsequently converted into ti land or has not been finally held to be, ryoti land [Tamil Nadu] Estates Land 7 (2[Tamil Nadu] Act VYX _.- -_I_ .- for the expression " Every he Tamil Nadu Inam Estates onversion into Ryolwari) Amend- be words ware substituted for the word " Madras " by the as amended by the men t j Order, 1969. Inam Estri tes (Abolition and 11963 : T.N. Act 26" Con versio.r into Ryotw~ri) (2) '[is, in the case of a landholder other than a religious institution, proved to have been cultivated by the landholder himself], by his awn servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, for a continuous period of three years within a period of twelve years immediately before the I st daj- of April 1960 ; and (b) (i) all lands which were properly included or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his owu or hired stock, in the ordinary course of husbe.ndry, from the date of such acquisition or the 1st day of July 1950 whichever i s later and has been in direct and continuous possession of such lands from such later date ; (ii) all land3 which were properly included, or which ought to have been pruperiy incbded, in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July 1950 and has been in direct and continuous possession of such lands from that date ; (iii) all lands [not being (i) lands of the descrip- tion specified in sub-clauses (a), (b) and (c) of clause (16) of section 3 of the Estates Land Act, or (ii) forest lands] which have been voluntarily abandoned or relinquished . by a ryot, or which have never been in the occupation of a ryot, provided that the landholder bas cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July 1950 and has been in direct and continuous possession of such lands from that date. C Q' a Those words were substituted for the words " is proved to have been ~,!+;vated by the land-holder himself" by secticn 3 (i) of t t e ramil Nadu Inam Estates (Abolition and Conversion into Ryofwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), whch wac deemed to have come into force on the 1st January 1%4. am Estates (Abohiua and Conversion into Ryotwari) am estate the landholder notified date, be entitled otwari patta in respect of- It lands which imspdiately before the notified ed to him as private land : d that in the case of a landholder o t k r than institution thc private land specified in clause of section 2 is proved] to have been cultivated holder himself, by his own servants or by hired is own or hired stock, in the ordinary course period of three years within diatcly before the 1st day lding of a ryct and which y the landholder by inheritance or I, provided that the landholder has his own servants or by stock, in the ordinary te of sucl~ acquisition chever is later and has ssion of such lands from ding of a ryot and which dholder by purchase ex- se at a sale for arrears older has cultivated such wn servants or by hired labour, stc ck, it1 the ordinary course of h day of September 1955 or from ition whichever is later and has inuous possession of such lands Provided that nothing in ' this su b-clause shall by purchase, exchange or gift sale for arrears of rent by thc. holder on or after the 1st day of April 1960. -- the expression ''Provided lause 13(ii)(a) of section 2, 3 (ii) of the Tamil Nadu Inam Estates o Ryotwari) Amendment Act, 1966 hich was deemed to have come into Lands in respect of which a ryot entitled to . , . ryotwari pat1 . . fnarir Estates ( ~ b jliriok and ' [I963 ' f T.B. Act .26 . . . Convbrsion into . Ryotwari) I . (iii) all lands n ~ t hirig (i) ~ahGs of the'de~~jption sjrccifiid in.items'(a), (b) and (c) of sub-clause .(ii) of ~lauie ' of section 2, or (ii) forest lands whicli'have been: , voluntarily abandoned or relinquished by a ryot, or which havenever been in.the odcupation of a ryot, provided .that , the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired 1 . stock, in the ordinary course of husbandry, froni the 27th day of September 1955 and has been in direct and conti- nuous possession of such lands from that d.ate. (3) In thc case bf an inam ~s ta tc or part threpf held:,. immediately bcfore tlu: notified date by an individual 0.11: condition of render,ing service to a religious institution; ' thcJ grant of ryotwari patta- under sub-section (1) or ..(2). shall be subject to the provisions of scction 33; - - l[Explanaticjn I].-' Cultivate ' in this sectioh ihludes , the pla'nting and reiring of tope:$, garc'ens and brohards,'. bvt does not include , . thc~rearing of topes of spontafieous.' . 4 . . < , . I . - growth: : . .. - % : . . . r 13 2[Explanation II.--F~~ the purpose$ thk pro~db td clabie ' (a) of sub-section ( proviso to clause (a) of sub-sect ion (2),. " religi:oli$ insti<; tution " ' shall -mean a religious institution as. definrd; in clause (18) of section 6 of the 31Tarnil Nadu] Hindu' Religious and Charitable Endo wment s Nadu . a , Act . 22 - of - 195?).] . 110. (1) In the case of an existing inam bitat$Lkverfryot"~ shall,.with effect 9n and. from- the notified ,date, be-entitled* . - . . . . t6 a ryotwari patta in .respect of-' - .. . .. . 1 1 I -. (i).all hiq'rc&ls.which-bere . . lands, under serction 3 4 'of the 3 Land-(Redact ion - e C . Rent) Act, 1947 8 XXX of 19471 ; and , I--. The explanation to section 9 was numbered as kx&anation J of that sectioh by:bection 3 (iii) :of the Tamil Nadu Inam Estatehr (Abolition and Conversion into. Ryotwari) Amendment Act,' 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the* 1st January 1964. _2 This explanation was add by section 3 (1 lrikm Estates (Abolition and 8 onversion into Ryot Act, 1966 (Tqmil Nadu Act 27 of 1966), which-was came into force on the 1st January 1964. - . " These words were substituted for the word b b Madras by *h& i Tamil Nadu Adaptation of Laws Order, 1969, as amended by the-% Tam il Nad u Adapt at ion of Laws (Second Amendment) Order, 1969. . ? . . . 7 " w - I -1 r -----% Inam Estates (Abolition and 107 Conversion into Ryotwah') - ' F. .- . ? . . i) all ryoti lands which immediately before t.he date, were properly included cr ought to have been :- - . fa:.-? - " ,., - incladed in his holding and which are not lands 4-. . " 'A- ,"', y I.. . - . : : , . r . - of which a lancjJ~oldcr or some other pcrson ,-.- . I +. t . ' I to a ryotmri p$ta under any other provision . ( - A. A '.r'-. . - ... ,- f - : * , - ? n who has been admitted into landholder on or after IJIC 1st xcept where the Government, all the c~rcumstanccs otl~erwise a ryotwari patta in respect of such - , - 2) (a) In thc case of a new inam cstatc evcry ryot th effect on and from t la notified date, bc cntitled wari patta in respect of all ryoti land in his lmlding 1 of which a landhuldcr or some other a ryotwari patta under any othcr on who has b,en admitted into by a landholder en or after the 11, except where the Govel-nment, cr an examination of all the circunzstances otherwise ireot, be entitled to a ryotwari patta in rcspcct of such (b) A, ryot as defined in clause 16 (iij of section 2 shall be entitltd to a ryotwari patla to thc exclusion of tne ryots, if any, specified in psragraphs (i) end (ii) of the Explanat ion to the said clause (1 6)(ii) and a ryot specified in paragraph (i) of the said Explanation shall be entitled to a ryotwari patta to the exclusion of the ryot, if any, ptcified in paragraph (ii) of the said Explafiation. nything contained in sub-sections 11 be entitled to a ryotwari patta der sub-section (1) or sub-section tasily abandoned or r( linquished ch land on or before the date of ement Officer under tub-section Explamtion.--No oerson to whom a right to collect rent of any land fas been leased before the notified e, including an ijuradar or a farmer of rent, shall be itled to a ryotwari patta in respect of such land under . . r . i I c 108 Inain Estates (Abolition and [I963 : T.N. A& 26 Convers@n into Ryofwari) Grant of 1 1. (1 :Where no person is entitled to a ryotwari patta mlwaripltta in respect of a land in an inam estate, under section 9 on tho basis or 10 and the land vests in the Government, the persons of personal in specified below shall be entitled to b ryotwari patta in certain cases. respect of that land in the following order of preference :- (i)$rst!y, a person wLv L A ~ Seea personally cultivat - ing such land for a continuous period of twelve years irnmedia;ely Irefore the 1st day of April 1960 ; (ii) seconrlly, if there is no such person as is referred to in clause (i), then, a person who had been lawfully admitted into possession of such land on or after the 27th day of September 1955 and who had been personally cultivating such land ever since ; and (iii) thirdly, if there is no such person as is referred to in clauses (i) and (ii), then, a person who had been personally cultivating that land on the 26th day of Septem- ber 1955 and for a period of twelve years immediately before that date : Provided that no person shall be entitled to a ryotwari patta in respect of any land under clause (i) or (iii) of this sub-section if such person has voluntarily abandoned or relinquished his rights in respect of such land on or before the date of the decision of the Settlement Officer under cub-section (1) of section 12 : I':vided further that no ryotwari patta shall be granted in respect of any land falling under any of the categories specified below :-- (a) forests ; (b) beds and bunds of tanks and of supply, drainage, stlrplus or irrigiition channels ; (c) threshing floor, cattle stands, village + sites, cart-tracks, roads, temple sites and such other lands as are net apart for the common use of the villagers ; . . (d) rivers, streams an other porambokes. P -. . . 1" Explanation.--For the purposes of this sub-section, a .p:rson i s said to personally cultivate a land when he con. tributes his own physical labour or that of the members of his farsily in th3 cultivation of that land. : T.N. Act 261 lrtam Estates (Abolition and Conversion into Ryotwari) (2) Among the persons specified in sub-section (1) in clause (i) of that sub-section shall be twari patta to the exclusion of the persons uses (ii) and (iii) of that sub-section and in clause (Ii) of that sub-section shall be to a ryo twari patta to the exclusion of the persol., se (iii) of that sub-section. (3) Any ryotwari patta granted under this section shall take effect on and from the date of the grant of such I [ll-A. (1) Kotwithstanding anything contained in this RyOtwBri patta Act, no ryotwari patta shall be granted ir: respect ef any not to be private tank or oorani. granted in respect of private tank (2) Any ryotwari patta granted in respect of m y or oorani. private tank or oorani under this Act beibre the date of the publication of the Tamil Nadu Inam Estates, Lease- holds and Minor Inams (Abolition and Conversion into Ryo:wari) Amendment Act, 1975, in tbe Tamil Nadu Government Gazette, shall stand cancelled, and fcr purposes of compensation under tbis Act, the private tank or oorani shall be deemed to be land in respect of which neither the landholder nor any other person is entitled to ryotwari pita under this Act.] 12. (1) The Settlement Officer shall examikle the claims Determination of any person for s ryotwari patta under section 9 or of lands in section 10 .or se~titivn 1 :, c; :I:.: sase may be, and decide which in respect of which lands the claim should be allowed. $ ~ ~ t $ ~ ~ o . ,yotwari pattsi. (2) Against a decision of the Settlement Officer under sub-section (I), the Government may, within one year from the date of the decisioti, and any pcrson aggrieved by such kcision may, withGn three months from the said date, appeal to the Tribunal : rovided that the Tribunal may, in its discretion, allow rther t i m not exceeding six months for the filing of any _..- .. as inserted and was deemed always to have been on 2 (2) of the Tamil Nadu Inkm Estates, Lease- fnams (Abolition and Conversion into Ryotwari) 1975 (Tamil Nadu Act 2 of 1976). inam Estates (Abolition and [I963 : T.N. A& 26 Conver.rion into Ryot wnri) . ~rovihed further t hi t the Tribunal may, in its discretion, .entertain an appeal by the Governmerlt at ariy time -if it appears to the Tribunal that the decision of tha Settlement ) Officer was vitia~ed by fraud or by mistake of fact. . , < .< . . w . . * , I - - . Liability to pay 13. (1) (a) Every person who becomes entitled to a assessment, etc., -ryotwari patla unger this Act (other than under section 11) Government: in wspect of any land shall, f6r each fasli year commencing with the fasli yew in which the inam estate is notified, be liable to pay to the Government such assessment, as may I i i . . :be lawfully imposed on the land. a.: 2 : : , . , . , t . 7 : < & . -. . : I . ' , ' i h . , 3 . + . 2 %?,,. + - * . .- ,, (b) Every person who becomes entitled' to a ryotwari "'. . patta under section 11 in respect of any land shall, for each ;?,i ;,, :tt .q: , * , , ., . ; *year commencing with tbe fasli year in which such patta is granted, be liable to pay to the Government such . . assess- 'merit, as may be lawfully imposed on the land, 1 ' (2) If a ryot was liable immediately before the notified 'date to make any payment to the landholder. otherwise :tlian by way of' rent, wbether periodically or not, in resp:ct 'of any land to which he is entitled tc a ryotwari'patta. he 'shall continue to make such payments as accnie on or after that date to the Government. - Z.. ,$; [ * - . - : : . n 14 (1) Where any land (not coiisisting of an. entirc Ryot Wi I ..P:dtab: in rnrvice- .. . . village or not being a part village inam estate) granted on tenu* .. +lahd$. .- drvie-tenure, whether to an individual or institution - - . - pfalls under sub-clause (c) d: &G se (1 5) of section 3 of the Estates Land Act or under item (c) of sub-clause (ii) of clause (1 7) of section 2 of this Act, then,-- (a) if the service to be rendered is personal or private service to ttle landholder, not beinga religious, educational or cbritzbls institution, the land shall be discharged from mndirion of such s e r k 3 ~ and the holder of ntch land sb-11 h ettirlct3 to a ryor~ari wn;; in rtspsd of the land with effea on and from t& notified dare ; (5) in all 0 t h cases, the holder of such land shall v!. t ) ~ : t.arrk4: r ishtn in the land, and be bubject to the =me )jrl l t j l l l iC.h [I:, 4 IIC i tirrn~tllrtt. o f u minorUservic;e*instm in a t y otwarr vilrit y ~ . Iins i l l respect of his land : .N. Act 26 ] hant Estates (Abolilion and Con version into Ryotwari; of' sub-clause (ii) of clause rovisions of clause (b) of sub-section (1) lands in inarn estates. CHAPTER IV. BUILDINGS IN INAM ESTATES, re the notified date, and was tlren being with its administra - ct on and. fiom thz 1 rilso v ~ s t in tlrc Gover~~met~t , free of all ovided that when such institution ceases to exist, the evert to such landholder, or if he is dead, egal r apscsentaliv~s. Where any building so situated- a) which belonged to any such landholder on the of July 1960 ; and . - V Vesting of build- ings situated in inam estates. Inam Es:ates (~bol i t ion and Conversion into Ryotwnri) pay to the Government such value from out of the com- pensation deposited in its office under sub-section ( of section 36. (i) in every case to levy the appropriate assess- ment thereon ; and (ii) in the case of a building which vests in a P ~ A ,: n other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in r e s p a thereof, u.hether periodically or not and whether by way of rent or other wise, in so far as such payments, may accrue due on or after the nofified date. as an appurtenance thereto. (6) If any question arises whether any building or land falls or does not fall within the scope of sub-sections (I), (2), (3), (4) or (S), it shall be referred to the Govern- ment whose decision shall be final. PROTECTION OF CERTAIN RIGHTS AND ENFOBCBABLI 0F CERTAIN OBLIGIATIONS. . 8: T.N. Act ZG] Itram Estates (Abolition a ~ d . . - Con version Cr t o Ryot lvnri) I r3 I vided that such trailsaction was not void or illegal any law in force at the time : epon ~110 113s been admitted fi land (i) .on or after the 1st an existing inam estate, ay of*April 1960, in the case entitled to no rights in respect the Govern~uen t other~vise! at otherwise direot, Person. admitt- lder into p~ssession. of ed into posse- t or other land which is not gzi gd, r; o any rights in, or to ' remain dealt dtb. d' licr~jn shall apply Irlei. is entit led to a ryot wari ! (1) allowing any ny such land may . . '".(i) the Gsessment or gro&d-rent payable to tbe for each fasli year commencing estate i s notified, 7 g 3 I 1 conditions, including remain in possession consider newssary r " . ction, " aommunal land " , ion mentioned in sub-clause (16) of seotion 3 of the ) OF item (b) of sub-clause Rights of certain lessees and others. Inam Estates. (Abolition and [I963 : T.X. Act. 26 Conversion into - Ryotwari ) . l,.. 48. (1) In cases not governed by any other provision bf'fhis Act, where on or, after (i) the 1st day of July 19% in the case of an &sting inam estate : and (ii) the 1st day of April 1960 in the oase of a new inam estate, but before the notified date, a landholder has created, by way of lease or otherwise, rights in any mines o r minerals, quarries, fisheries or ferries, the transaction $ha11 be deemed to be valid ;and all rights and obligations arising t hereundfr, on or after th: ~otified date, shall bs enforce- . " abl: by or against, the Government : Provided that the transaction was not void or illegal .. under any law in force at the time and that ady such right was created for a period not exceeding one year. (2) (a) Where any such right was created before (i) the 1st day of July 1950 in the caw of an existing inam estate ; and (ii) the 1st day of April 1960 in the case of a new inam esfate, for a prl.iud ~ ~ c e c d i n g one year, the Government may, if in their opinion, it is in tlte public intkrest to do so, by notice given to th: person concerned terminate the right with effect from such date as may be specified in the notice, not being earlier than three months from the date thcrcof. . (b) Thc person whose right has been so terminated shall be entitled to compensation from the Government which shall be determined by the Board of Revenue* in such manner as may be prescribed, having regard to the value of the right and the period for which the right was abated. ' I . , 8 c Where any such right created before (i) thd 1 s t day Lt)July 2950 in the case of an existing inam estate ; and (ii) the 1st day of April 1960 in the case of a new inam estate is not determined under this sub-section, the trans- action whceby such tight was created shall be deemed to be valid and all rights and obligations arising tbre- under, on or after the notified date, shall be enfproeable by or against the Government : - 1. . -qvided that tlw transaction was not void or illegal L..,def any law in force at the tipe. - I s -- : * BY virtue of kction 10 (1) of the Tamil Nadu Board of Re\ime 4b~tio;3 ~ c t , I980 (Tamil Nadu *Act 36 af 1980) any : efer- t9 *he ward of Revenue ;half be deemed to be a reference to the Satc a overnrn"" Itlam Estates (AboZit ion and Coir version into Ryoiwari) CHAPTER V. ' <AND SETTLEMENT OF INAM ESTATES, . - Provided that any re-survey made under 'this sub- may. be limited to what is necesSarg for the intro- of the ryotwari settlement in. the inam estate or C-1-125-7-8A Irrqtn &latest (&lition and [I963 : T.N. A Cbn versi~rt into Ryot wari) (ii) in the caw of other areas in the State the itlid notification shall embhdy the principles adopted in makip& ryotwari settlements in ryotwari areas and shall $opt-- s,,i (4 the rates of asse settliemcnt notificatio~ in forc cation of this Act In the Fort district in which the inam esta (4) Neither 44% , settlement notifiwtiani:: nor : any i. ..i..t ..- -& 04d p a ~ e d m,p~~sgqp& tkere~f quesho~ , - lo say ,*W of lw, - (Sir Nothing in this section sh Pitrtilz Btates (Abolitiarr and 1 2 7 Conversion ill to Ryotwari] pt has not been so detersned, ave been payable to the landholder year in which the inam estate is '., , L . , , & 7 . \ ,?* . ' fa !') 1. 7 . : .:.:r, ,K t w& payable, the gent which-- :.<. r. :<: le to the landholder immediateIy , by a ryot holding similar land ntages, in the neighb'ourhood : in cases falling *under sub-clauses ( i ) e in respect of the fasli yeara in inam estate is notified shall be the rent due to older less any payment made* to him befofe the ate and authenticated in the prescribed manner : . rk * *I In respect of other lands in the existing inam in respect of all lands in the new inam estate, . - , shall be calculated at such fate * ' ., . '.', eat may, by general or special - ' ,?< , ,: , . , , ,,: ' I 1 :>, , CHAPTER VI. DETERMINATION, APPORTIONMENT APJD PAYMENT 011 COMPENSATION. . G a t e d provisions. payable in respect of' an inam Compensation n accordance with the following how determined* 23. The cumpensatinn shall be determined far the Compensation d not separately for each of the to determined tor lnam estate . as a whole. 24. A su~n called the basic annual sum shall first determined in respect of the inam estate. sum. -1 -c -- I The following proviso was omitted by softion 4 of the Tamil Nadu h a m Estates (Abolition and C,'onversion into Ryotwari) mend- mcnt Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have con10 into f drcc on the I st January 1964: - " Provided fufthet that in cases falling under sub-clause (ii), where after the rent 'has been determined under the Madras Estates Land ,(ReduCtion of Rent) Act, 1947 (Madras Act XXX of 1847). . it is fotrnd that the land revenue paid exceeds the rent ro determtned, such excess shall be adjusted towards tha land revem payable in the abbse9uc:fit fasli year or years," I Inam estate^ (Abolition and 11963 : T. Conversion into Ryotwari) ~ a $ c - un~rual sum for in& . estates. , Component 25. The basic annual suin shall be the aggregate I parts Of b*sicsums specified below, less the deductions specified I annual sum in inam m?ato. section 28 :.-- ,, . . (i) the whole i~f-the gross annual ryotwari3demand ; iu respect of all lands in the inam estate in respect of which any perso,.l other than the landholder is entitled to a ryot- , wari patta, as ascertained under section 26, less the ded tion specified therein.: . . (ii) the whole of the average net annual miscellaneous revenue derived from all other sources in the inam estate specified in c!ause (b) of section 3, but not including lands in respect of which the landholder is entitled to ryotwari patta, as ascertained under sectiop 27. computation of 26. (1) Tla gross- anilual 'ryotwari denland in respect - r~otwari of. the lands referred to in clause (i) of section 25, shall ,be : and lion and therefrom. deduc- the total of the ryotwari assessbents iniposed in pursuance of a settlemneilt effected under section 20 on the lands .: occupied by any person other thap the landholder on the : notified date. . . . 3 , , ' ( 2 ) ' ~ r o m tlie gross annual ..ryotwari detna.nd as computed above, there shall be deducted 3-113 per cctlt ~ of such demand on account of the maintenance of irriga- " tic:. works serving the inam estate: Provided that 110 such deduction. shall be ma there is no irrigation work serving the inam estate, or tho landholder i s under no legal obligation to maintain any spch work scrvhg the inam estate : . . . I . , . Provided furtllor that where' the obligation : *of :the. , . landholder to maintain every one of the irrigation works serving the inam estate is- shared by him either with the , ." Government or with the landholder of some other in estate, the percentage of such deduction shall be reduced bjsuch extent a s the'Ooverfiment may deem reasona ..* " . : . . 3 ' I . . I 3 , . 8 6 ., .. > . . ,.: $ . , , . 4 , , 4 .. - f . . ExpZanrtiorr.-For :the p&x&i'of sub-&ti0 e xpression " ryotwari .assessmint':, in respect of. any which has been r6gi&&l 'as wit :at thk settlirne1;'t refen& ,8 to. in that sub-section :pnder an ihiga'tion work belonging to, constructed orf ,aaintained by' or gn behalf 'bf .tly Government, and which' waS' ' liable to *x hmls -. - - - - -i-A -- v . 7 , 7" Q . --- - lnam Estatgs (Abolition iirzd Convers'ion into Ryotmit-i) ' I i9 I he levy of1 such eess in, the irrigation from th3 s2id *work hall be taken to be the apprb- a1 miscellaneous revenue Computation of net rniscella- clause (ii) of sec;tion 25, neous revenue, the net annual income from such soura s during the notified date, if such r on tho I st day of July d &te, if such date was next fasri year in case that year or the next , - ' . . . . . . ..- - , . , k"& 28. From the aggregate of the sums referred to in and' joa,-etci,, .to ?:be &uses (i)and (ii) of section 25, ascertained as aforesaid, deducttd,:- . ,; , , b e shall be deducted- , (a) the whole of the assessment levied on any land ' (b) thc whole of the jodi, quit-rent or other aniourt, ' ifi?ny, of a like nature, payablo annually by tl~t. landholiler - to the G m r nnlent ; and . . . . < . - - . IMt t Eqete.r (Abolition m,d [$963 : T.N. Act 26 Cuaversim into Ryot,wari) : , Provided tba t tbe ctoiount deducted ,*~~ldcr< i ~ C ~ ( I U ~ S ; (4,. (b) (md (q) hb&lliifligb,~dse exceed ondihelf dfhtho.net amount computed is , ~ c ~ Q I ~ ~ Q c c . w ~ ~ ~ , s c c ~ ~ ~ 26#,1. P 4:;; ~ 4 : ., , < ' ' . i l ?'f 5 * , 1 J , , " 1 . .te,.s,;x.;; " - . 8 * : , * . ' "j. ( 1 r , : r rj*":{7ij; A p r ~ n deemed :29. (1) ~ b ; .thd'fi.if~~o&!' bef': $&&i&q'dl)$ $$fan$,2a, %gxi to be l?ndhoM per son who had, irnwdiatelj "b6foi'i" th; notifiedn '&ite, " cc*yn any right oi interest in any land in an inam ast* as a ?:. { . . ! # I .&;i:tie:.{ ; p,f>: :landholder, .shall bed6bhed7*to b6:a landhitld~rbfuch ''tinam ostata. , ti:tt .+ l a ! ->. T . a > A . . " i;:{,, 7: ;7 ' l . f . ' e:t-5ibd , > : *.'$ ,-*j 1 , , ." >Y - . t i > i s e a - f g;" I . V 1 .tf; L ,,Fts ; . (2) The r yo twatti~a.sscssm~ri:t; . imposed .'oii:,ak~& id:;, miscellaneous revenue &'rived fro'm all 8tands'ili. aa "ina-q' &ate in respect: o$:which,tany lahddhddei &nti~&8jn. sub-section 0)- is bdtiM& 'to q b ~ a r i patta :un&k 'any provision of4. this"Ac~~sha1l 'be ckcluded i1~'deterrninin~' the basic aiifiuai SUIII.~~ I 1~ ! ,, : , , , . ; . ;,, : - j ti.{ : , ' , . t , . II . ".'". :, t i > . . , Special provision 30. No twit hshnding anything cotitili~lcd in soctiotls ibn., rcapsr:?d.25 to 29,- . . I ; , f , \ ? , % , . . fwidso~ fallianwr ,'IJ * , , v ! 8 ' J,i ? d e 5 u nder settlkml. 1:) * (i) the r yotwari assesslnctit 'impowd od Talll~iandi: in nl inam estate in respect of which any i>ersoii inoluding s. laadholdcr is entitled to u ryotwarj pattar w & r ,&ti0 tl I l shall be cwluded in detcimining the basic a n n ~ i l sum ; ' ) ( , (ii) t11c ~nisccllaneous rcvenllc: cierivcd from all lands in ;in illam cshtc in respect ,of' which any pmso~ (otl~cr that1 a lit~tdh~lder) is entitled lo a ryotwari path uudcr xctioo 1 1 shall be included' iu determiaiig ths basic atir~ual sum. mtofwmpcn- * '31. The total compendtion payable in.resp6t ofany sation srsept inam' estate shall, except iti thc &ise govern6dqby sebi& ' h*ekw go.Ver* 32, ' bc detc~~mitled in accordance wi tlr t;d fo l lo~r . i~~g - ncd by sectma scale :- , 32. (i) WI~L'TC the basic ai~nual burl1 docs not c.\cecd Rs. 1,000 -30 tirnos such sum. (i i) where the basic annual A m ekwods Rs. I ,U~)O but tlocs not exceed Rs. 3,000-25 ti&s such $ u i ~ . Rs, 30,000 whichever is &eater. (iii) where the basik annual:sum eicoe& ' &, j , ~ : hut does aot exceed Rs. -20,900 -20;tiw S U C ~ + - S U ~ ; O r r : Rs. 75,000 which eve^ ie greater. * .. Ittartl Estates (Abolition %% Conv&usto?t iizto - Ryot~v~l"i) wlxcrc th basic altilun.1 ~ U I I I . CXCCCCIS 'Rs, 20,000 s, 50,000--174 tinus such suin ol " > xceeds Rs. 1,00,0@, 0,000 wl~icltcvcr is4 &is to * i i c p < l u c t r t ioncll awd ) clruritabb. i f ~ s l ifritior.rs. p3.rt tl~crcof was held Payment of ~ t c by any rclighus, 'asdik and additbal n , thc G d vcr n mcn t ,,p,satioa te the i11stitu:ion cvcry ycnr as a tasdih alio- instjtutiom. ) in t h ~ casc of ail cl~tirc inam otsatc, r 1 1 ~ basic . . +,,: ; Q , . , 9 , , ;' ...q ail il~atn c~Lii. lc, S U C ~ ' r , . ! i , 4C T * , r ; , , ' ? 111ay, oil a c~ 1c;ula- , , . q7: . 1-ikcc1 t o tlxat p;i.rt. ce so payable is lcs3 ncomc dwivcti by il:anz estate 01. part nncr during the five ceding the fasli Year fasli year in which *--I_-- Iilam Es tatcs, Lease- rsion into Ryotwari) 1976) the arnotrnt oE t 26 of 1963 fo* rin ication of the former be re-determined in. Act 26 of 1963 as ham Estates (Abolitiotr and [I963 : T.N. Act 2 Conversion into Ryotwari) (3) All amounts which accrued due to the instituti during the period referred to in clause (a) of (2) shall be taken into account, whether th were actually collected or not: Provided that the value in money of anythin in kind to the institution at any time durin aforesaid sl~all, where any price has b Government for the sale of such thing at area concerned, be calculated at such price. (4) Payment shall be made to the institution un&r sub-~ctions (1) and (2) so long as it exists. (5) Nothing contained in this section shall apply 'a . . . .. where any land (not consisting of an entire village or not b * r . -- ':: : ' :. being a part village inam estate) granted on service- : tenure to the institutionfalls under sub-clause (c) of 4 *.,..*a*. ,, .. . , . . clause (16) 9% section 3 of the Estates Land Act or item (c) of sub-clause (ii) cf clause (1 7) of section 2 ofthis Act. Inamestates or 33. (1) Where an inam estate or part thereof was artthc*f held immediately before the notified date by an individual rorvioabl- dor bow dealt (hereinafter in this section referred to as with.. holder) on condition of rendering service t institution, tlie individual shall, subject to t of sub-section (8), bc bound to render such service afte the notified date. 4 (2). T b cornpensation and interim pa under t h ~ s Act in respect ofpart of an inam to. 1.n sub-section (1) shall be such portion of the co sation or interim payment, as the case may be, paya the inam estate as may, on a calculation in the pse manner, be ascribed to that part. (3) The Government shall deposit in the office o f t Tribunal the compensation and interim payment payab u.nder this Act in respect of the mid estate or pa thereof: Provided that the Government shal deduct from the amount to be deposited all if any, due to them in rep* of the said estate or thereof. (4) On the making of the deposit under su (31, the Government shall be deemed to ha tely discharged in respect of all claims to, or 0 a~ainst, the compensation payable under this Aa. lrzam 8states [~bolitloe. and Cortversion into Ryotwari) ,* (6) Any sum received by a religious institutioil und~r mb-section (5) shall bc invested by the institution in sccuri- "rkr 'n tllc prescribed manner, for the sole benefit of the (7) For so long as the service-holder reilders thc '-vice, tlle religious iilstitution concerned shall pay the 'service-holder every year- .r (b) to hold thr land : ~ n d continue to render k. service subject to the provisions contained in sub-sections (I) to (7) and (1 I). n ", " (ii) The option referred to in clause (i) shall be exer- ,:sed within such period from the notified date and. in such manner as may be prescribed. ':; , a Imrn Sstisrp:es (Abolit&n o~ru' 11963 .: .:T.N. 4cr z6 : l-Convero ion Into R y o t ~ ~ t i ) if : 410) W l ~ r o t b , servica-holdcr heb ewrcjsccl his foption . to pay the. atgount specified in sub-scction (9). $he invwtmerlt made under sub-section (6) and the, irrtet:im pymnts,if any,received by the institution for the period ts&&ique~t to the date of exercise of suchnoption, .shall .b tho absolute property oi'the institution and the+dnstitu- tion shall be at liberty to make such chanangement as it thinks fit for the performance of the service. . . (1 1) If the service-holdttr fslils to I cnder tho ser vlcc the prescribed authority shall, aftm such enquiry and, notim to the service-holdel as may be prcscribcd in this behalf, notify such failllrp in such manner as may bc pasctibcd. He shall then declmc that the investment ma& under stlb-section (6) and the interim Fayments, if any, ~ e c e i ~ ed by the institution for the p2 J iod subsequent to the date of default by the service-holder and the land for which the ervice-holder was granted ryotwari patta in accordance with tho provisions of section 9 shall be the absoluie property of the institution and the institution shall bc at ,liberty to makc such nrrxngemcnt as it thinks fit f i ~ the ~'crforinanco of thc scrvicc. ,: , . . Expllunnlicv~ I.--For thc putposcs of this scctiotl " individual " nleans thc pcrson wllo would ha vc 11cld the inam esta.tc or palst tl~crcof if it had ilot vested in thc Covcrnnlcot undos t b i ~ Act. . i , . . ' 'txplcinatiun II.-.Fur the purposes of t1Gs section ,- .i;. . (i) sex vim-holtlcl includes his lloira ; (ii) non-performance of tJlc scrvicc due to illness or ether tclnpolary disability shall not be deemed to be failure to render service, provided that the ssrvice-ho Ider makes a!ternativc arrangements for rendering the service during the period of such i~lrlrss or of othcr temporary disability. - i Explanation 11A-For the pur j ~ o c s of sub-section (9)'"land rtvenue " meanlns the ryotrvzri a:sessment inclu- dii$ the additional asscssmcnt. water-cess and additional water-ass. Itzcrnl Estates (Ahdillon nitll Cortvcrsiolr irzto .R_t.tn&rv~rrr") Deter.ntinutiof~ of' bmic rrluzual sun2 cmd loral slrnll determine in accordar~ce nnual sum in respect of an inam Irc case governed by section 32, ation payable in respect af stleb I' (2) Any lanclholder or other person interested may, ime as may be prescribed or such furtbr.. as the Director may in his discretion allow, apply riting to the Director for R copy of the data on the of which he proposes to determine the basic anwil . (3) On the receipt of' soclt application, the Director he data aforesaid to the applicant ; and be der under sub-sect16 n reasol~able opportunity of making gnrd thereto, in writirtg or orally, (4j A copy of every orcle~. passed under sub-section (1) sh 11 be commw~ic~ted to every inndholde~ co merced, and also to every applicant under sub-section (2). . (5) (a) The Director may, at any time, either sw mfzr or on the application of any person, review an O.P.$~:X passed by hi111 ultder sub-section (1) on any one or of the following grotmds, namely :- (i) that the said order is vitiated by any clerics1 or arithhtical mistake or error apparent on the hce of (@*that subsequent to the passing of the said order, data for the better calculation of the basic annual sum have become available, or (iii) that the said o~der requires to be rnodlficd in pursuance of the final order of any competent authority Provided that the Director shall not exercise hi$ powers under this sub-section in respect of any inam cptak, without giving e very landholder concerned, and c%ry applicant uncler this sub-sc ction and sub-section (2), a reasonable opportunity of being heard. Petasmi- nation + sasic annual s*m and total cornpensat 126; l'nm i;~states (Abolition and [I963 : T.N. Act 26 Conversion into; Ryot wari) (b) A copy of every order passed under this sub- section shall be communicated to the Board of Revenue*, ' *''' -Add also to every landholder concerned, and every applicant . . <I; r . & a iindcr this sub-section and sub-section (2). , w .,.; IC . Y J ' . ' , I t)., < . ". hi' : ,&.. ' s ..$:I . , (6) Any person deeming himself aggrieved by;an order made under sub-section (1) or sub-section (5) * may, within three months from the date of the order- or such further time as the Board of Revenue* may in its d i s ~ t i o n allow, appeal to the Board ; and tfie Board &all, <after giving tbc applicant a reasonable opportunity 0f;being heard, pass such orders on the appeal as it thinks fSfr':':t .. . . . & . , ' * . , 8 . ..*. . " ' I ' . . (7) The Board of Revenue* may also in its discretion;. at any time, either suo motu or on tho application of any person, call for a d examine the record of any order passed, opprooeeding taken;by the Director under this section, for tk.purpose of satisfying itself as to the legality, regu- larityorpropriety of such order or proceeding and pass $u&order in reference thereto as it thinks fit: , . Provided that rhc basic annual sum or tie toel nution gur,ewhk. in W~RXY of xay irum tsszr Yw 24% *ttct\\i tbq W W ~ wiuirtt'~\.ut giving every l a - w~ wmwrnd rutd o ~ r y person who has mede an application l~ndcr subsection (2) a reasonable opportunity oftbeing heard. (8) Notwithstanding anything contained in sub- section '(@, or sub-section (7), the Board of Revenue* -%on application made to it by the Director or by any.'' other person in t b t behalf, review any order passed by it under< sub-section (6) or su b-section (7) if7it is of the - - *l)j virtue of section 10 (1) of the TamilNadu Board of Revenye . Abolition Act, 1980 (Tamil N a d ~ Act 36 of 1980), any refel enc$ to tho of Revenue shall h dwmrrl to be a relrrmce to the State Qovcromcnr Inam Estates (Abolition and Conversion into Ryotwari) Manner of payment. Deposit and upp~rtio~?ment of compensation. $88 Inam Esiates (Abolition (1ncZ @~tversiotz into Ayotwarl) - (b)tkwhL31&oranvoorliono - &lIg'ctbr,s referred to in the prrjvi of section 45 wllich cinnot be ntijust the $aid E ub-section ,; and , . - . - - - Q all intqtii p section (5) of seotion 45 in excess fmnd to be-payable .under that section : Provided further that where the total amaunt o the compensation payable in resp stands altered after 'the deposit ;hready beea .made, the Government may deposit differen,% or withdr'ip the same from the deposit+alr made *or bt,herwise'a$just the same in such ,manner at such time 0-r time$, as may be prescribed, and-the - visions of sections.37 to 44 and of sections 46 and 47 s apply to the timciiiiit firi~lly under tlepsit, and to - I... ' ' extent tllc 'Xrib~~is l or 1 1 1 ~ Speci . + , . . I 4 . . hs ti&+ CilSC r?\ay h, silall be n1pc * ' :,. ,.: ,. , ifany, : ~ t ~ : u i y piwed.- 4%; L,!.. ' . < I ' .. . I. . J ' I (2) On the making . " " ' "'sbjll be deemed to have been cc resp~b~ of 311 cldilns to, or ~nforc ptnsnt ion aforesit id. * ' ' , 0 . cl&ts ~ O - . ~ ~ ; T J ~ ' : % . 37, (1) Evzry pgrson ma~aitlrih:,Gij~bIe qainst, the oompe sin nco~ws;ub ~~U$pr~uisions of this Act or any p i" %e' piinoipal or any other land "' ","a'&ily claiming any port ion of su .I .LAC."<L. * $ i by way of a share or by way of and medit0.r~; whether thsir d shall apply to the Tribunal wi dqte .op wbieh the amsunt wa fuither time 'not exceeding thr mq,. 8 , d ' b - in its discretiop, qlow. . I,.,+ @) Every chin to; pqpwtiwi of arly sti ion pibun$, within &hq .time ;I ." . - .- - - $.$%?" * I 3 - : t i .(i;i'n xi far itlrclu m i l i t i ~ l pr der - sectioir %S ; or - - . F,- . I I . . - . Inrr m Estates (Abolition and Go/zversio/z into Byotwnri) (ti) subject to ;he provisiolls GI' .EC C ~ ; O I . I 51, in SO far as i t relales lo tile : ~ l i l b : ~ [ ~ i i l l st'Lpcct oi' W I I I C I I an ordcr for pzy~r,ent has been mild; by tile IYibiuu i c:r ihc Siwcial Appellale Tribun2:l 111 ~ i i v u u r of ally p~I.hori, ease to 'LV* enf~rceable. 38. The Tribuila 1 shall, after giving not ice IC all persore Duty of who have a pplieci under section 37 alld to any oth,i - v?horn Tr'bunal- it considers to be interested, makc iilquiryil~to the validity cf the c1aimsreceivr.d by it, 2nd de:ermine th,- perscns who, in its opinion, are entitled to th 2 con~pensation deposiied -and tbe czino~~nt to which each 0:' r11,;m is entitled. 39. (1) As a preliminary to s ~ c f ? determination, the Tri- Cornpen- bunzl shall apportion the comp:ni:ntion among the p~ind- sation to be appor pal 1andhold:r n l ~ d zt1y other prsons wvhosc rigt~rs or tioned by interests in the inam esta tes stand tri:nsferred to the Govern- Tribunal. rnent under clause (b) of section 3, J r cease and* d :ter*nljne under clause (c) of section 3, iliclt:di~~g persons w l ~ o :]lee sentitledto be mai~ltni~~ed f i . n ~ ~ l ihc inail1 estate and its I .income, as far as possible, in ::cco~-dance with the value of their respective interests in t l ~ c jrlaln estate, (2) The value of those interests shall be ascert:.inrd-- . (a) in the case of the impartible inam estates referr2d to in section 40, in accordance with the provisions coi~taincd in that section aild in scch rules,not il~consistent with that -section,as may be made by the Government in this behalf; (b) in the case o f other inam estates, in accordance with such rules as f i i ~ y be n1i~i.k by the Governme~lt in i n : ~ ~ n edcte nrl1ic.h h;td a jciilt Hi i~di~ f::lnilythe he S L ' C C C S S ~ O ~ thy-eto certain he f~ 110 wing provisions @partible a 11 deiel~~?irle the sggreg2.t~ com- he following persons, considered d holder and his legitimate sons, sons in the ride line living orrifi cding sons, grandsons e SL! ~h date (who are J ~ I L ? I ~ Z E S ~ C ~ ~ C J S (Abolition ccracl 11963 : T.N. Act 26 Colzversion into Ryot~~ciri) (b) other persons who, immediately befow the notified date were eiltitlcd to n~a~r~tenance ol~t of the estate and its iilcoille either under section 9 or 32 of the l[Tamil Nadu], Impartible Esta-tes Act, 1904 (l[T3rnil Nadu] Act 1 1 of 1904), or under ally decree or order of a Court, award, or other instiurnexit iin writing or contract ~r family arrangement which is binding on the principal landlmlder (who are hereinafter called '< maintenance-holders") : Provided tha t no su& mail~:enance-holder shall b: entitled to ally portion of the aggregate compensation aforesaid, if, b.:fore the notified dctre, bis claim for main- tenance or the claiin of his branch ol' !he Fdmily for main- tenance, has beer] seltled or discltal-ged in full. (3) Tl~e Tribunal sl~al 1 next dc tt.1-minc whi c l ~ cred itorti,. if ally, art. !a~vi'~illy entlrled 10 havc ihcir &Zits paid from aa~ t i out oj' tlsc; csscts of fI-tr: in~partihlc ir~arn estate a i ~ d the anlou~nt to which c21 GI-, 05' I l~cn l is SO entitled ; and only the rern:riucir;~- of the ;?gsrcgatc courpcasa$i~n shall be - . b 7 1 C J ~ V ~ S I i jlr ;trliJr-)ltg tut" ?iIlilr cr-s ::lrC. ~llairltcl-rallcc-holders as bereii~sliter provided. (4) T l~c pcrtion of the xggrcgoie compensation afore-, wid pay tble to thc maii~tcnance-i70i~lsxs sha 11 be deter- mined by the Tribunal and notwithstanding any arrange- meat a 1re:ad.y innde in respect of maintenance whether by a decree or order of a Court, award or other il~strument in writing 01. ccintrrlct or family al-r:lngr=mc.izt, such portion shall not excecd one-fifth of the ~ rna inde r referred to im sub -se~ticr, 13), excepi in the case referred to in the sccond proviso to snb-section (2) oT secrion 42. ?=?zmzz*T ( 5 ) (u) The Tribunal shall, in determining the amount of compex~sntion payable to the maintenancs holders and appcrfi~ning the sanle among them, have regard, as far as possible, to the Sc)llo wing collsiderai ions, namely :- (i) the coinpcnsatioml psyoble in respect of the inam estate ; (ii) tne nunlber of persons to be maintained out of tl~af estate ; (iii) the nearness of rela tioilship of the person claim- ing to be maintaintd ; - T i m e words were substituted for the word " Madras " by the '4-amil Nadu Adaptation of Laws Order, 1969, as amended by tnc Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. - . <,' ' . Inan2 Estates (Abolition and 1 Con version in to /?yo twari) fiv) the other sources of illcome ofthe clainlani ; alld (Y) ~Jw ~ i r c ~ ~ m s t a ~ ~ c e s of the f'anily .- of the claiment. ' For the purpose of se :oring-- tuinent in writing, or contract or family arrange- odnt should be paid. 132. Inam Estates (Abolition and [I963 : T.N. Act 26 Conversion into Xyotr~?ur1l') Provided that the total extent of tbe lands granted to a1 such maintenance-llolders shall not exceed one-fifth of the extent of the lands in respect of which ryotwari ~ a t t a may be granted under section 9 : Provided. further that where ii is found to be ir~con- ve~:icnt or imprac~.icable to rant cny such lands, cyr to 'i grant any suck lands to the ful extel3t tr which the insinte- nance-holdcl- may be rcgsrded as entitled, whether on the ground that such 21 gr21.t will res~zlt in the creation of an un-conomic l~oldi,~g or for any other reason, the shsre of the compensation awardedto the maintenance-holder may be incre~ srd by such amount as t.l~e Tri hltila 1 may consider reasonable . (3) The lands in respect of which ryotwari patta may be granted under s~ction 9, after excluding any lands which may be granted to maintenance-holders -under su b-section , (2). shall be divided among the shorers, as if they owned such lands, as a joint Hindu family and a partition thereof had been effected among thkm on tbe notified date. Cedtain estates to ~ e v o l u t idn of interest in compen- sation. 43. Where the power of the land-holder to alienate any property in an inam estate is restricted wbetber by the terms of the grant or otherwise, the provisions of this Act relating to the pa yment and apportionment of cornpen- srtion in respect of impartible inam estates shall, so far . a s maybeand subject tosuchr~lesasmaybemade by the. Government -in this behalf, apply to the payment and apportionment of the compnsation pyable in respect of the inam estate. 44. Wliere it is alleged that le interest of any 3- B 1 ~rson entitled to receive payment of l y portion of the compen- sation has devolved on any other person or persons, whether by act oi' parties or by operation of law, the Tri- bunal shall determine whether there ha:; been ally cieirolu- tion .of the interest, and if so, on whom i ~ . has devolwd. . . . . , : T.X. Act 261 Iilain Estute~ (Abolitic Conversiolz into Ryoi CHAPTER VII. INTERM PAYMBNTS. II Tllc pro visions of this section shall apply in eve1.y overlled by section 32. d until the compensation ited in pursuance of this made by the Goverlzirnent sli year in which the said pal laildholder and to the ub-section (I) of section 39 as year in which the inam estate be eiltii led to su ch amount as rough calculation, determine rred to in section 24 : if any, co1lect:d before the by the landll~lder from the ryots in respzct of afo~esaid =[and in the a s e of an exisling i11a1n ect of tvl~icb tho rate of lent has bee11 deter- k o r e the imtified date uilder the 2[Tailzil Naduj nd (Reductioit of Rent) Act, 1947 (2[Tatnil Nadu] of 194'7), also any ainoui~; collected by him from cess of the l-e~tt so determined],a~zd outstand- dit of the ryots on t t e first day of tllat fasli -- - stituted for the expression "and in the o any amount collected by hi111 e rcnt determined under the Madras nt) Act, 1947 (Madras Act XXX rrf 1 Nadu Inam Estates (Abolitiolx mz~dment Act, 1966 (Tamil Naciu ed to have come into f ~ r c e on tk2 for the word " Madras " by tht : rder, 1969, as amenaed by rhe Tarni i Amendment) Order, 19"5:. I Icterirn payments t principal Is holder and others. lnam Estates (Abolition and ; >,+. , Cnversion into Ryo twari) "! [I963 : T.N. Act 26 3[Epplmration.-In the case of an existing icam estate in respect of which the rate of rent has been detemmed before the notrfied date under the 2[Tamil ~ a d u ] Estates Land (Reduction of Rent) Act, 1947 (Z[Tamil Nadu] Act XXX of 1947), any amount collectecl by the Government on behalf of the landholder as rent from the vats in excess of the rent so determined a ~ d paid to the land- holder shall, for the purposes of' this sub-section, be deemed to be an amount collected by the landholder.] (4) In re spect of each auhseouent fasli year, they shall together be entitled to the amount ettimated under sub- section (3) to be the basic annual sum, unless data for the better calcul ation thereof have since become available, in which case the amount to be paid shall be revised by the Government with reference to such data : 1 Provided that if, for any reason, the whole or any portion of the rents and excess collections referred to in the proviso to sub-section (3) was not deductcd in pursuance of that proviso, the amount remaining unde- ducted sl-la11 be deducted from the amount payable under th is sub- section. ( 5 ) The Government shall deposit all such h o u ~ l t ~ in the odice of the Tribunal and the Tribunal sw, after such inquiry, ii any, as it thinks fit, apportion the a&ounts among the principal landholder and the other pffsons referred to in sub-section (2), as far as possible in a0cofdanoe with the value of their respective interests. 1 ;.'+ explanation was substituted for the following explanation by section 5 (ii) of the Tamil Nadu Inam Estates (Abolitiod and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on 'the 1st January 1964 :- , 9 . . CcExpluaation.-Any amount collected by the Governmeat on behalf of the landholder as rent from the ryots in excess of tbe! rent determined undtr the Madras Estates Land (Reduction of &nt) Act, 1947 (Madrds Act XXX of 1947) and paid to the b&older shall, for the purposes of this sur~section, be deemed to be an amount collected by the landholder ," ' - --LTS a m sribaitmd for the ~ -wd 'Yf&&mm tk T@ Salu Adap~rinn uf b w s Orda, 1969, as tyy t&c mil Nadu ndaytation of Laws (Second Amendment) Or&ar, W. Estates (Aholitiolz Q I Z ~ Conversion into Ryotjvnrl) (6) On the making of such a deposit, the Government be deemed to have been completely discfial.geci or enforceable against, the nsation has beet1 finally hall ascertain the aggregate ve been due in respect er sub-sections (3) and (4) for the f the basic annual sum as finally a d ha$ been adopted instead of the basic allnuai roughly estimated. erim payment tlms deter- egate amounts already dep>sited balance with interest tflsrcOn 11all be deposited by the f the Tribunal. .ic) If the aggrcgatc interim payincllt deterlxGned under clause (a) is less than the aggregate anloant nlrc:tdy &posited under sub-section (9, the excess amount drpo - sited shall bz deducted by the Government from the mount *of compensatioil finally determined anr! tile alance shall be deposited in the office of the Tribuaz,+.i. (8) No interim payment made under this section be dceil~ed to constitute any part of the compcn- sarion which the Government are liable to deposit under sub-section (1) of section 36 or to any extent to be in lieu of such compensation. the rlpyortici~tn~nt ence to the aggregate ed by tlzc Govt.~-nr~~t_lnt s that eaclt of the ptl-sot~s ion of the interim paylnzr~ts o the same slzzire of the said e share of tllc cor~~pes~s:i- to be entitled uilder si_.ction d by such revision shall 1, with interest tllerec.11 a t e compcnsntion pay:\ lj: ins:-* Estntes (Abolition and 11963 : T.N Acl 26 Conversiort i l z to Ryot wari) CHAPTER VIII . Appeals. 46. (1) Agaillst ally decision of the Tribunal under sub. srctioi~ (2)of section 12, and sections 38 to 45, the Govern- ment may within six months from the date of the decision and any person agsrieved by such decision may wiihit~ three 111ontks fvoxn the date of suclz decision appeal to a Specia 1 Appellate Tribunal consisting of two Judges of the High Court nominated from time 10 timc by the Cliief Justice in illat behalf : , Provided that the Special Appellate Tribunal, may, in its discretion, aIIow further time not exceeding thre' months for t11e filing appeal. , t * (2) The inembers of the +Special ~p~el la te&ibunal shall hear the appeal on all points, whether of law or of fact. Where on' any. suqh p i n t or points the nlembers are divided in their opinion, they shall state the point or points on which t h y are so divided and such point or points together with their opinioi~s thereon, shall then be laid before one or inore Judge&; nominated for' the purpos; by the Chief Justice and such Jtldge or Judges, shall l,;.;r ihc appeal in so far as it relates to such p o i q ~ or points, an6 on. each such point, the decision of the u~ajorir y of t h ~ Jbdzes who have heard the appeal includba tl~ose who firs; ileard' jt shal $e Gegrned to bz the decision. of the Special Appellate I . Tri a , < , k ,hnar, G .. (3) .I[ ~ 1 1 e Spcciai ~ ~ p e l l a t c f r i b u i ~ ~ 1 shall, subject' to the pro~isions of section 7 2 - 4 have the s a m powers 3s :tr;. \-?jrt.d In .! Civil Cour"~r:nder ;he C ~ d e of Civil P r o ~ c d t i ~ c , 1908 (Ccnrral Act V o f 1!108), when trying a suil or when hcarjng an appeal. (4) Tile decision cf the Epccial Appzllate Tribuaat and subject to silci~ dxsion, rhe dec!rii.?l of :5r T r i b s ~ ~ ~ j +.-3 >::L: i k *-*.*: e * a This espressio. 1 was substituted ;for t 110 expression ?'The Special Appellate 'TriSunril shall" by section 2 (2) of the Tamil Wadu Imim EstT-ies and h l inor Inems (Abol j tion and Co;tversion bi~to Rjotwnri) Amencmkn: Act, 1975 pran:il Nadu .Act 22 of 1975). I n m Estates (Abolitio~ Conversiorz into Xy clits a~l~cbng the si s d i ~ ' . i ~ i ~ of tile ppella te Tsib~:nal sEta.11 be t l ~ t as such and neither the ypellate Tribcllal shall have question of the correctness mination or t l ~ c adequacy of the compensction interim paynlents, as the case may bc. ~i11der section 42, the jurisdiction crtses of appeal from tile ol-d.cr i soictiol~ of' i l~e Spccial App~ll;kt e to the divi(;ion of tlle lailds 111 -i patta may b,o granted under ribii 11 a1 110s the Spccial AppclJnle i ~ t h i l to go into the qiiestjon 1-dc1- L I I I C ~ ~ T sectiol~ 12. ~ - e n ~ ~ v n l of doubts, it is l~ercby is sect io11 shall bc c:-, n st rucd I lle T1.i b ~ ~ n a l when Izcaring 211 ) of section 12 or of thc Sp-clal tearing an appeal unxtec sub- m elle dccisiolz of tfic Tribunal tioil (2) oi' scctio~l 12. 3ayments llrade out of the conlpcllsation d e n ihr: ills -Ti.ibulla,l under s ta ion 36 5haII by it j ,I acc9r.d;illi;c wil!l its :,rdcrs and dcci>ioii 5 ific;,rions, i f ally, made O n ~L[)IX;X~ ~i ndii" I<cstric ti01l ,,T.: the jui r3cls ction of t Tri bum! and Special Apy -1ia to Tribunal in certain cascs, 138 ~II(ZLH KY/(/ [P , :~ (A/~olition [ / / I ( / 11963 : T.N. Act ('wt I.(,/ \ I ~ ) I / /( j ~ ) / j p / t t / ) sections (1) and (2) of that section hxve been finally de mined, the Government shall pap to the institution- under sub-sections ( I ) and (2) of section 32: that fasli year shall be deducted ; in which case the sums to be paid shall be revised by t Governr~er~t with reference to such data : excess collection referred to 4 1 - ' . - s& Inam Estates (Abolition Coizversion irzto Ryotlv to the institution under ion 32 have been finally nts made t o thz instiattion this section together with y itbefole the notified dzte xisting'inarn estate in respect of h e n determined before the 2[Tr?niil 'Na.dv.1 Estates Lrttzd 1947 ("Tamil 'Nadv.1 Act XXX ollccted by it from tlie ryots i n ermined] 2.11d obtstanding to the rst day of the fasli year in which shall be adjv.sted tcwa.rds the y deficiency shall be n l a u ~ Government and any excess sv.rns payable to it by the ent fzsli year or years. (3) The dednctioas made i~nder s11.b-sectioa (1) shall ot exceed 25 per cent cf the amov.nt determined to be payzble to the institution for the Fasli year concerned 2nd any balance in excess thereof which remains maclj~:sted nder sub-sedion (2) sl-rall be dedtlcted in annual instal- -merits frcm the aggregate aim payable to the institutiun ) k3-ncl (2) of section 32 as finally s I-fix exceeding 25 per c=erlt of tlze Cadi year concerned. ---- - - c-ted Tor tke exp~ecsior " and in iim e\r att: c513W any an:ount collected cc-cs or he rent determiced und-er t he d~~c t ion of Rent) Ait , ?947 (Madras ction 6 ( i ) of the Tanlil Nadu Inam I\ crsion into Ryotwari) Ametldment , 1966 (Tamil Naau Act 119 of 1966), which was deemed to e come into force 017 the 1 s t January l9CA. i;C)r t5e word " Madras . - " h!l tfle zyie: 1w.. Zr 2?~540ir", *"' t!?? -<2--2 e.rs" , *-%- e H - and nri) Limitation for claims . 2ersons entitled to payment . fizanz Estates (Abolition and Conversiorz iizto Ryotwari) b Appe J Int e Tr i bui~al on the appeal. Inutn Estates (-4 i?t)!ttiotz C L ~ Z L Colzvcr siolz ijr to R~'otii'lli+i ) AII amo~!nts deposited in the office of tlie Tribd- Ullcla 1 indi-; sub. section ( I ) of section 36, sub-sect' m ( 5 ) nmnL .- - section 45. c.r hub-scclioll (2) of sectiu:i , 2nd , IcLii l 4' tillpeid altd wirh ~.cferinct.ko which no cl.:iin hu, within the iiine specifieci in s~~b-secticlj- ( j 1 o f ur iil mb-section (4) of scc~ion 57, as zl ie case r no application Tor payment has bcsn ni i id~ d in section 50 ; and osited as aforesaid and ~ C I I I F i n i ~ ~ g after the expiry of 2 pericd of six months 5om thc the disposi~l of the application under stc~ion 50 ; f the inan1 estate GI-, as the be, in the name of the person or pt313011S favour an ortks !'or payment has hccti made ribunal or the Special Appellate Tribu~u:l. 1 in the District v~rmnent in this behalf. rt shall, after giving notice to all ed under sub-section (3) and to rs whom it cullsiders to be interested, ~na lce en- ntor ithe validity of the claims received by it and h each of t11ern is e~ztitlec~. nt made by the Tribunal or Amounts which may be deducted under section 36, recoverable a a arrear of land revenue. Wrong and excess pay- ment to be recoverable as Prrear of land revenue. Recovery of . amount paid on cancellat ion of notifications issued under section 1 (4). Recovery of excess couectiom made by a darmila I namdar. Estates (Abolition and r196.3 : T.N.Act 26, ?rsio?z into Ryotwari) 52. Any sum representing the whole or of the rents and excess collectioils referred to in of the first proviso to sab-section (1) of which cannot be adjusted by deductioll under the said clause shall be recoverable as if it were an arrear of land ' revemre. 53. Where any payment made to any person is subse- quently found to be not due to him or t~ be in excess of the amounts dua to him, the antount whicilis f o ~ n d to be not due or which is in excess, as the case may be, with il~ierest hereon at three percent per annu portiol~ thereof, which cannot be otherwise deduction frnm any amounts due to such person, shall be recoverable as if it were an arrear of land revenue. 54. If ally amount has been paid to any person under this. Act in pursuance of a notification issued under sub-section * (4) of secticn 1 and if such notification is subsequently + quashed by order of Court, or cancelled by the Govern-' ment, the amount .so paid, with interest thereon at three per cent per annum, shall be recoverable as if it were am arrear of lanG revenue. 55. (1) tf, in an inam estate notified under this Act, darmila in~m-dar has collected any amount by> way of rent or miscellaneous revenue in respect of the portion of thq inam estate comprisinghis darmila inam for the fasli year; in which the inam estate is notified and for any subse- quent fasli years, then, such amount, together with interest thereon at three p:r cent per annum, shall be recoverabb4 as if it were an arrear of land revenue. (2) If, in respect of the said f2 sli years, any person is- liable to pay land revenue or miscellaneous revenue under thi s Act to the Government, the amounts paid by him to the d armila inamdar shall bi a usted towards such liability. 9 Exp&natioit.--Any amount collected by the Gow on behalf oft he darmila inamdar in respect of the of the incm estate comprising his d;umila ina rent or misdaneous revenue and paid to hjm deemed to Iw an amount collected ~,JT him Ir;ta~lz Estates (Aholi~ioll and Co~zvcrsiort irtto I?.vof~~uri) CHAPTER IX. MISCELLANEOUS. est payable 11xreon "cgether en decl-eed , 2s if they were re sl~all be paid to the after deducting (a) ten lection charges, (b) the imrn :stat.: is notified uizdzr this Act and any nd crltstanding lo the l n ~ i ~ t Estates (Abolition [ I I Z L ~ 11963 : T N Act Corzvcrsio~z into Ryotwari) Y * * * * * * I* ~ : u p l ~ ~ ~ ~ t i o n 2 [ ~ . - A ~ ~ y amain? colleclcc; by the Gover m,-nr on bchlll' of' rlzl: l21~dl?~ldi.i 3s I ent from the ryots excess of the rent d ,ttesmined [brfcrc the notifid delej und the [T~mi! Ni.dr 1 Estates Land 0Xcdi1 c ~ i c n cf Rent) A 1947 (4[T?.n~il Nxd1.3 Act XXX c. 1947) mnd I c i tci t dee-pc.c\ to - i cin anlo~.nt cc l ic~! tc b ~ ~ ~ l i i . Jr.nc:l :'err. 2[Erpk!n~~tio,? II.- For the removal of deb btc, it ' iyrf:by itccl:!rccl ~ h r t nothing in this b-secfic 11 stball const~.~.leii 6:; ieviving 3 n j claim fcr arrcprs of rent for fa year 1356 ?nd prior fasli years, if sr.ch claim is l-arrcd I iimiratjcn t-ndrr any li:w f'cir tke time k i n g in fc~2c2.1 ------ ,. .-.- ----- --- -..- - 1 he fc)Jlo~,vin~ provisos were omitted by section 7 (i) (c) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwarj) Alnendrnent &ct, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964 :- " P r o ~ i d ~ : I th7t any such rent, which accrued due in respect of the fasli year 1356 and earlier fi:slis, shall be reduced on t he basis that 1 1 1 ~ Inndholdcr is entitled in respcct of e:lc.l~ ( I' thosc fitslis only to the relit as determined under the Madras Est:~ tcs Land (Rc duction of Rent) Act, 1947 (Madras Act XXX of 1947) : Provided further that where the ryot- (a) has paid before the notified date or pays withir, two years of that date, or (b) where the rate of rent for 1 he land has not been fixed und the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras xXX of 19171 before the notified date, pays within two years of date on which such rates of rent are fixed under that Act, 1 he rent due for the fasli sears 1356 and I357 and any interest payabl .reon together hsith any costs which may have beendecreed, then, , arrears of rent due from such ~ y o t in respect of all prior faai yea including interest and costs, if any, shall be deemed to have completely discharged ." ' The explanation to sub-section (2) of section 56 was nutnbered a explanation T of that sub-section and this explanation was adde section 7 (1) (cl) of th, Tamil Nadu 1:lam Estates (Abolition and version into 'iyotwari) Amendment Act, 1966 (Tamil Nadu Act 1966), which was deeme.! to have colne into force 011 the 1st Januar 1964. 6 These words were inserted by section 7 (i) (4 ((1) of r he Tan?il ad^ Inam Estates (Abolitiol~ anti Conversion into Ryotwari) Ametldnle Act, 1966 (Tamil Nadu Act 27 cf 1966), which was deemed to ha come into force on the 1st January 1963. 4 These words were substituted for the word " Madrasv by t Tanlil Nadu Adaptation of Laws Order, 1969, as ameadrd by T x ~ i l N.tdu :,daptvioo of Laws (Second 4wc4odtoent) or jer, 1 - - - - - ... C ItUim C i t u l e ~ (Abolition and Conversion into Ryofwari (2) All a~noun"s which the manager is entitled to ct under sub section ( I ) shall be a first charge upon nd in respect of which,wch amou~lts are payable. s (ii) In any suit or. proceeding for the recoveiy of any rears of rent due to a landholder from a ryot for any fasli nd 1372, disiniss the suit or proceeding. M, the Tamil Nadu Govetnment Gazette. C-1-12SL7lQ 146 Inam Estczt~s (Abolition and [I963 : F.N. Act 26 Conversion into Ryotwari) Provided that nothing contained in this sub-sectio shall apply to ally suit or proceeding in which the decree or order has been satisfied in full before the notified date. Explanarion.--For the removal of doubts, it is hereb declared that nathing in this sub-section shr.11 be constru as revi'ving any clhim for arrears of rent if such claim . barred by limitation under any law for the time b force.] (3) (i) Notwithstanding anything contained Act, in the case of a new inam estate, all arrears of payable by r. ryot to a la~ldhoder in respect of any 1 ; in such estate and outst'aqding on the date of publicatio of this Act in the *Fort St. George Gazette shall, to t to which such arrears are in excess of the rent due tor th ' fasli years in respect of that land, be deemed to discharged whether or not a decree has been obtain therefor, if the ryot 'pays to the landholder the arrears o rent due for a period of any three fasli years. (ii) fn any suit or proceeding for the recovery arrears of rent referred to inclause (i), the court or au concerned shall, upon deposit in the court or before t authority, or upon proof by the ryot of the payment, arrears of such rent for three fasli years, dismiss the su or proceeding. (iii) Tf before the date of publi~ation of this Act the *Fort St. George Gazette any decree or order has be passed in any suit or proceeding for the recov arrears of rent due from a ryot, which i:i inconsistent provisions of this sub-section, the court or authority co cerned shall, upon deposit in the court or befare the autho rity or upon proof of tk: ;:y.,+ r x t , cf the arrears of rent due fro111 the ryot for three fasfi years and on t tion of any person affected by suchdecree or order or not he was ;a party thereto, vacate the decree Provided that nothing coqained in this s shall apply :o any suit or proceeding in which thc de or ord, r has bcen satisfied in full, before the date of pj lication of this Act in the Fort St. George Gazette.' --_l. .. ̂--.- --C ---3. *.it 0.. e Eznlil Nod!! Gover~iment GazcZte. - . hzmn Estates (~bot i t ion arid Conversion into Ryotwari) t therewith contained (Reduction of Rent) .-For the removal of doubts, it is hereby t, of arrears of rent r th reinoval of doubts, it is d that nothing jn this sub-section shall be s reviving any claim for arrears of rent, if such red by limitation under any Iaw for the time Where any doubt or dispute arises as to who I landholder enrirled to receive the payments here there is more of each claimant rred to the Tribunal and inti- the fact given to the claimants and so far as on is avai1r:blc wit 11 .the manager appoi~~tccl under , to the la~ldholder or landholders. of tlie Tribunal, he amount ection 56 shall be deposited nd no interest sha!l accrue deposit shall be published *Fort St.George Gazette and intimation thereof shall given to the claimants and to the landholder or ders referred to in sub-section(1). - - words were substhuted for the word " Madras" by tile amended by the mendmentl Order, Explanatioil to sub-section (3) of section 56 was numbered as ion I of that sub-section aiid this Explanation was added by 1 ", { # 6 .. Appo ionrnent of an~ounts collected Under section 56. fnam zTstntes (Abolition and 11963 : T.N. Act 2 Conversion into Ryotwnri) in the "Fort St. George G'nzette or within such furth period not exceeding three months as the Tribunal ma i i ~ its discretion, allow. (5) Every claim to, or enforceable against, the amoun so deposited or any portion thereof which is not made t the Tribunal within the time aforesaid shall,- (i) in so far as it relates to the amount paid by th Tribunal ; or (ii) subject to the provisions of sectiou 51, in so far as it relates to the amountin respect of which an ord for payment has been made by the Tribunal or the Speci Appellate Tribunal in favour of m y person, cease to b+= enforceable. persgns who i l l its opinion are entitled to the amount deposited and the share of each person in respect of I *Now the Tamil Nadu Government Gazette, -- Conversion inro Ayo ? w ~ ~ n l ) No court shall, before the date on which the earliest stay of exe- suance of this Act is made in the oace or CutlOn pro- ceedmks order or continue execution in respect of any ,d pro- r passed against the $rinCipal or any other h,bi,ition of inam esiate against his interest in the inam certain t hi^ other immovable property or against transfers- y arrest and detention; and with effect ou m such date, execution in the cases aforesaid may or continued as specified in, and in accordance I the provisions of section 60. tiT) All proceedings for the execution of any decree or by the arrest and detention in prison of tne ~rincipal other land-holder of an inaln estate pending on the d date, shall stand dismissed and if on such +arc tile pal or any other landholder is detainrd in prison wtion of any such decree or order, he shall 5e released Q Pith. &[f) Notwithstanding anything contained in ally other fore the date ou which thc oarliest deposi~ as aS0l.c- is made, sell, mortgage, lease, or otherwise assign or te any of his immovable property and any transaction [&ad shall not confer or take away any right whGever k from any party to the transaction. P folh the time being in force, no principal or other land.- nature hereby prohibited shall be void and inopera- ' (I) No claim or liability enforceable immsdatelj the notified date against the principal or atly other (u) against the interim payments or me colupeasa- ',ar other sums paid or payable to him under this .I (I?) against his other prosr ly , if ituy, LO ille same to which such claims and liabilities were e~afbrcexhlc 3Ider of an inam estate or agiunst any othcr -persoll "pard Lo rights stand trausferred to the Govemii~cut ifi lia- Lliitred uf vlce of clause (b) of sectioil 3 shall, on or afier that j a o ~ h o ~ ~ r r . 2 & enforceable against the interests he had in tlw inam etcrc. i and all such claims and liabiiitjes shall, after the $n which the earliest deposit in pursuance of this Act &e in the office of the Tribunal, bc enforceabic- the same extent to which such cliiims and liabilities &*enforceable against his illtercst in the illam esiaie iiatelv before the notified ciatc ; and - - . . -- - - - - - - - - - ------.--"- it such property immediately before the notihed date. f n a ~ Estates (Abolition afid Conversion into Ryotwari) or continue exe wntinued in such cases in con per cent per onaam siinple nen:i'ng on the notifred datc mfaich the earliest deposit in in tile office of the Tribunal. Liability of 61. When, under this Act, all). p i son is dispossess POD of any land, any crop or other produce raised on the lan umuthorised'y a& any building: or other constr11.ction erected or occupying land to thing deposited therebib 0:i4:1, 1; not rcx:~oved by him forfeiture of such written notice as the officer who issued the o crops, etc. for dispo~session may deem reasonable, be Iiable to feiture. l'orfeitures under this section shall be adju by the said officer and any property so forfeited sha disposed of in s ~ c h manner as that officer may direct. Provisions for inam estate staff. to the persons emplo estate immediately b I (1) The Government shall have power to terminat the services of any such prson after giving hiin one caleild a month's notice or paying hiln one month's pay in lieu 0 su& notice. (2) first-fins whose services arc retdned shall goverl~ed by such rules as the Government may mahe i regird to them. Maintenance 63. Every educational by Govern- which was being rnaintai ment of i~r:&cxs aL .- ALL;4eL. .- -- c>;af ~ 2 ~ 3 maimined bv land-holder . dais, 52 maintvned fit. . "- 3 ..s in which st.cll i11ain estates are sitt!:-~-ted have q p l y to every such cstzte accordi~~gly. (1) Subject to the provisions of sub-section (31, in any proceeding under this Act it becomc s Ilecessary tcrmine whether any l~.nd is a ryoti land or a, priva; it shall be pl-esumd, until the contrary is proved such land is a ryati land. ci5nt for the: purpose of proving that t11: land ed w ~ s privak land st the cornmsnc~"n2cni c:f the Nothing c~iitained in this section shall apply commuilal land, poramboke and, pasture land [<emoval of doubts in regard to existine inam estates in Chinglepu district. "~.esurnption that a land ia an inam es ate is ryoti land. Decision of questions regarding forests. 1 52 lnam Estates (Abolition and [I98 : T.N. Act 26 Conversiolz into Ryotwari) Rigf ts of 67. Where a person- ownel' or occupier nc t to be affected (a) is entitled to the ownersh'p or to the possession by ten por~ry or occupation of any land or building immediately b e f ~ r discorhnuan.:e the notified date but has transferred his right to the poss of po:~e%ion siou and occupation thereof or has been temporar b; occ~pa:io dispossessed or deprived of his right to the accupatio thereof ; and (6) has not on \hat datc: lost his right to rccov-r th possessio~ or ~ccupation of such lan i i,r building; he shJl, fc r the purpdTcrl of this Act a.!d silijcct t ; , the provisions th:reoF, bv d ~ i ~ l i ~ d to bc thi: own~r , or to be 111 possession or occup. tion, of such 1:tnd or bxilding : Provided that any lawful transferee of the right to the possession or occupation of such land or building shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transf~ror, as he had immediately before the notified date : P~ovided further that any lawful transferee of the title to such land or building shall be entitled to all the rights under this Act of his transferor. Res judicata 68. (1) Tile decision of a Tribunal or Special Appellate Tribunal in any proceeding under this Act or of a Judge of the High Court hearing a case under sub-section (2) of section 46 on any matter falling withiu its or his jurisdic- tion shall be binding on the parties thereto and persons claiming under them in any suit or proceeding in a Civil Court in so far as such matter is in issue between the parties or pasons aforesaid in such suit or proceeding, (2) The decision of a Civil Court (not being the Court of a District Munsif or a Court of Small Causes) on any matter falling within its jurisdiction shall excep in so far as such decision is inconsistent with the provision c f this Act be binding on the parties thereto and persons claiming under them in any proceeding under this ~~t before a Tribunal or Specia Appellate Tribunal or Judge of the High Court un k r sub-section (2) of set 46 in so far as such matter is in issue between the pa cr Cersons aforesaid in such proceeding. I~;LIIH Estutes (Abol;tio/t crnd CO:~ vemion itt to Rj)otw~wi) of litnitation for. any s ~ l i t urt by a crediibi in respect ect of a proceec!in,n urrd;:: mely, 37, 38, 39, A(), 4 i , encing on Iht: n0'iif:~c.i ch the eariicst deposit office of the Tribun;-tt edings were pending g certified 2opies of er passed in such proceeding shall be excluded. order iil any pro- evision is r;rovi&d ed in such manlrcr ng the period of r application I;>r the, date of toll?- or order to the to be the date --- -_ . - ow the Limitation Act, 1963 (Central Act 36 of 1962). Fina1:ty @t orders passed under this Act Jurisdiction of Courts barred in certain cases. Tribunal or other autho- rity not to appoint receiver, etc, irnarn &states (Abolition arid [kg63 : T.N. Act Conversion &to Ryot wari) (2),No such order or decision shall be liable to b questioned in any Court of law. 72. (1) No suit or other proceeding shall lie against the Government for any act done or parporting to be done under this Act or any rule made thereunder. (2) (a) No suit, r1.-q-..lt;cn r &her p~oceedin shall lie against any officer or servant 01 the Govern for any act done or purporting to be done under this I or any rule nade thereunder without the previous sanc of the Govemtnent. (b) No officer or servant of the Government shall I be liable in respect of any such act in any civil or criminal I proceeding if the act was done in good faith in the course ofthe execution of the duties or the discharge of the func- I tions imposed by or under this Act. (3) No suit, prosecution or other proceeding shall be instituted against any officer or servaut of the Govern- ment for any act done or purportii~g to be done utider this Act or any rule made thereunder after the expiry of six months from the date of the act complained of. 1[72-A. (1) Notwithstanding anythillg co~ltained in sub- section (4) of section 8 or in snb-section (3) of section 46 or in any other provision of this Act or in any other law for the time being in force, no Tribunal or other authority under this Act shall have the power to appoint a rzceiver or comlissioner in respect of any land in an inam estate and in respect of which any proceeding is pending before such Tribunal or other authority. (2) Any person who was personally cultivating any such land on the notified date and continues to be in posses- sion of that land shall not be dispossessed of the land, until it is finally decided that such person is not actually entitled to ryotwari patta in .respect of that land under the provisions of this Act. P - - - - ----- -- lThis s e c t was inserted by section 2(3) of the Tamil W d u I~ Estates and Minor Inams (Abolition and Conv(:lsion into ~ y o t ~ Amendment Act, 1975 (Tamil Nadu Act 22 of 1975). - --. . .. ftronr Estates (Abolition mtd Coilvcrsioit iiz to Ryot wari) WllO \vas sl.clz Imd i rnmed.icttntely kfbrc the t of svch receiver if ~ ~ 1 . ~ 1 1 person f such land by the reccjvel . rent in respect of such lnnd : wiih the provisicns ~ n t ~ i i n e d e arreal s referred ( 6 ) The said person sl~all not be liable to bc ~victcd er the Tamil Nadu Cultivating Tenants Protection 1955 (Tamil Nadu Act XXV of 1955), in respcl of the ars r f r to In sv.b.-section (4), excxpt for Iailr~re to the said ascars in accordanc