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The Tamil Nadu Lease-Holds (Abolition and Conversion into Ryotwari) Act, 1963

Act 27 of 1963

Keyword(s): Appointed Day, Assistant Settlement Officer, Land, Lease, Lease-hold, Lessee, Owned Land, Rent, Ryot, Settlement Officer, Tribunal

Lease-hokls (,.I bolition and Conversion in lo Ryotlvuri)

'[TAMIL NADUl ACT No, 27 OF 1!1632.

E ' [TAMIL NADU] LEASE-HOLDS (ABOLI- AND CONVERSION INTO RYOTWARI)

ACT, 1963.

ceived the assent owf the President on the 12rh December 1963,Brst published in tlzc Fort St . Gc orgc Gamt 5

on ihe 1st January 1964 (Pausa 1 1 , 1885) 1

n Act to provide for the termination of leases of certain lease-holdr granted by the Government, the acquisi- t i u ~ of ih2 rights of lessees in such lease-holds and the introductiorz of ryotwuri settlervt~nt in such lease*

slature cf the "State cf Tamil Ycas of the Rcpvblic G I India

CHAPTER I, Pm~f MINARY.

be called the lIT;mil Pkdu] L;trs,- (Abolition and Conversion into Ryokqari) Act,

(2) It extends to the lease-holds specified in the

(3) It shall come into force on sucli date n9 tlte notificalion, appoint,

vcmmcnt may, by notification, amend

w-*..- -A-

iitxted for the word " M ~ d r i i ~ ' ' by t hi: aws Order, 1969, as arslenied by the f Laws (Second Amendfnent) Order,

ts and Reasons, see l%rt St, George d the 30th September 1961, Part IV*

tuttd for the expression "State of daptation of Laws Order, 196;, - q

u Adaptation of Laws (Second

Short til?e, extent and wmmencern

Power tc? alnend the t . Sch;l.l,,le.

lent.

. . I 1.5 1

I r6 Lease-holds (Abolition and [I963 : T.N. Act 27 Conversion into Ryotwari)

(2) Where the First Schedule is amended bj omit- ting t11:rcirorn a n y loasc-hold,-

(i) the provisions of this Act shall be deemed never to havo applied to that lease-hold, and every pro- ceeding taken under this Act and pending in respect of tLc lease-hold. s b l l abate ;

(ii) any amount paid undcr this Act to the lessee or otl~cr p-rson in respect of that lease-hold shall with interest thereon at tliret- pcr ccnt per ::nnull: be rccovcr- able as if it were an arrear of land revenue.

(3) A11 i r fcrences made in this Act to the First Sche- dule shall b- consid-red as relatirlg to tht said Schedule as for the time bcing amendcd in exercisc of the powerr co~ferrcd by sub-section (1).

Defir: itioas. 3. In this Act, unless the context otherwice requires,- (a) "appuinted day" means the date appointed by

the Government under sub-section (3) of section 1 :

Provided that-

(i) whcre the operation of this Act ia respect of a least-hold hzs been stsycd cr intcrrupted by order of a Court, Tribuizal or othcr comp~tent authority constituted under any law for tltr: time bcing in force, "'appointed day" men 1s the datc, fmm which ~ h c Governm3nt have been in uninierrupted possession of the lease-hold ;

(ii) in relation to a lease-hold added to the First Schedule by a notification under sub-section (1) ~f wc- tion 2, "appointed day" means the date on which the said noiificati~n was publishcd in the *Fort St. George Gazette ;

(b) "Assistant Settlement Officer" in relation to any lease-hold means the Assistant Settlement Officer appointed under section 6 ;

(c) "Government" means the State Government ; (d) "land" rncans a@ land in a lease-hold ; (e) "lcnsc" in relaticn to any lease-hold means the

lt2se under whicll the lessze held the lease-hold undn rh: Gov;rnr?.: r: immidiatcly befo:re th- appoint2d &day;

-- -- - --* - * .. :;r , -'".;, >;& G>r 1 v-;T: GzZr :;?,

1%3 : T.N. Art 271 Lease-holds (ABolitior~ (lnd

Conversion into Ryotwnri)

(f) "lsasc-holti" n i w n s ilny v i l l a s specified in the First Schedule ;

(g) "lessee" in relation to any lease-hold, means thc person to whom the lease was granted by the Govern- @nt and includes his heirs, legal representatives and assigns ;

(h) "owncd. land" mtans, any land in which n ryot or the lcssec had a permanent right of occupancy irnmidj- ately bcfore the appointed day ;

(f) "rent" msans whatever is lawfully payable, for the fasli ycar imm~diatr Iy prcccding the fasli ycar iil which the appointed day falls, in money or in kind or in both, to the lessee by a ryot in respect o f any land in a Icasc- hold ;

( j ) "ryot" in rela.~ic.n to a leasc-hold , mcans any person wlzo imtnc:dia.tcly bcforc t llc 21 ppointcd day 11a d a pc~maizcnt right of occupancy in rc.s!Tcct of any Innd and who had been paying rcnt to tht. 1:sscc in rcspr ci of that land ;

' [ ( k ) "S:ttlcrnc,n.t Oficcr" mc:ins a Scttlcmcnt Oficcr flppointed undcr section 5 and having jurisdic!ion;]

( I ) "~ribunal" means a Tribunal constituted under section 8 and having jurisdiction.

1 Thiq clause was substi~vted for the following clause by section 2 of the Tamil Nadu Lease-holds (Abolition and Conversion in to Ryotwari) Amendment Act, 1964 (Tamil Na?u Act 26 of 1964):-

"(k) "Settlement 0fficer9' in rzlation to any 1:ase-bold aeann g& $~t#&?meo t 0@~q appointed undw section 5;"

Vesting of lease-holds in Government.

Lease-holds (Abolition and [I963 : T.N. Act 27 Conversion into Ryot wari)

1

CHAPTER 11. . 4

1 VESTING OF LEASE-HOLDS IN G O ~ R N M E N T .

4. With effect on and from the appointed day and save as otherwise expressly provided in this Act-

(0) tl13 Icasc of every icnse-hold shall cease and dcterminc ;

(b) every 1:ax-hold including all communal lands and p~ca~llbskes, wasie lands, pasturc lands, forests, mines and minerals, quarrics, rivers and streams, '[tanks and ooral ies (including private tanks and ooranies) and irrigation works], fisherics rnd ferries, situated within the bountlaries thereof, shall stand transferred to the Government and vest in them free of all encumbrances, and ths '[Tamil Nadu] Revenue R~~rsovery Act, 1864

[Tamil Nadu] Act I1 of 1864), the 2[Tamil Nadu] Irri- gation G s s Act, 1865 (2[Tamil Nadu] Act VII of 1865) and all othcr enactments applicable to ryotwari lands shall apply to the leasc-hold ;

(c) all rights and interests created in or over the lease-lmld before the appointed day by the lessee or any other pcrson shall, as against the Government, cease and determine ;

(d) tha lcssce and any other person whose rights stand transferred under clause (b) or Gease and determine under clause (c) shall be entitled only to such rights and privileges as arc 1-ecognized or conferred on him by or under this Act ;

(e) the rights and ob!igations of thc lessee as such shall be exti~~guished ;

(1) any rights and privjlcgcs which may have accrued in the lease-hold to any pcrson before the appointed day against the lcssee shall cease and determine and shall not be enforceab!e against the Govcrnmeilt or against the lessee, and every such person shall be entitled only to such rights and privileges as are recognized or con- ferred on him by or w d e r this Act ;

-- ---- ----- I These words and brackets Wre substituted for the words "tanks

and irrigation works" by section 3 (1) of the Tamil Nadu fnam Estates, Lease-holds and M i ~ o r Inarns (Abolition and Conversio n nto Ryotwari) Amsndment Ac:, 1975 (Tamil Nadu Act 2 of

1976). 2 These words were substituted for the word " Madras" by the

Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second .Qmendrl;ent) Ordor, 1969. '

: i t

Le ase-holds (Abolition and Conversion into Ryotluari)

4- >

16

, ( I ) As soon as may be after the publication of this Appointm~n: in thc Fort St. George Gazette*, tltc Governn~~n t and functions

1 appoint one or more Assistant Setrlemznt Officcrs of Assistant carry out the functions and duties assigned to them Settleme.?:

y or under this Aci . Oficers.

(2) Every Assistant Setllcmcnt Oflic~r clLi:ll bc wrb- dillate to the Settlement Clfficer and s1la:l ix gi~idcd

7. The Board of Revenuet shall have power.-- Powas of (0) to give effect to the provisions of illis Act ; control oftho

- .- -- ?Board of

w the Tamil Nadu Government Gazette.

Lease- holds (~bol i t ion and 11963 : T.N. Act 27 Conversion into Ryot wari)

(6) to i~sue instructions for the guidance of the Settlement Officer and Assistant Jett:emc.nt Officers ;

(c) to cancel or revise within such period as may be prescribed any of the orders, acts or proceedings of any Settlement Officcr other than those in respect of which an appcal lies to the Tribunal.

Constitution 8. (1) The Government shall constitute as many Tri- of bunals as m~ be necessary for the purposes of this Act.

(2) Each Tribunal shall consist of one person only who $hall be a Judicial Officer not below the rank of Subordinate Judge.

(3) Elch Tribunal &all have such jurisdiction as thc Govcrnmcnt may, by notification frcm time to time, dctcrminc,,

(4) Each Tribunal shall have the same powers as are vested in a Civil Court under the Ccde of Civil Prct- c:dure, 1908 (Central Act V of 1908), when trying a scit or when hearing an appeal.

CHAPTER III.

Grant of 9. (1) With effect on and from the appointed day- ryot wari patt as.

(a) every ryot shall be entitled to ryotwari patta in respect of all his owned lands ;

(b) tlke !esscc shall be enrltlec' to ryotwari patta ia respect of all his owned lands ;

(c) ever!; person whether 3 ryot or the lessee shall be rrititIcd to I yonvari patta' in respect of all lands (other than owrlcd lands) cultivated by him continuously for a period of not less than twelve fasli years immediately &fore the appointed day :

~aese-holds (Abolition md Conversion into R y o t ~ v ~ r i )

(ii) beds and bunds of tanks and of supply, drain- , aur plus or irrigation channels ;

(iii) threshing floor, cattle stands, village-sitcs, -tracks, roads, temple sites and such other lands as fct apart for the common use of the ~ i l l a g ~ r s ;

(iv) rivers, stlcanls and cther porambokes.

Provided that the Tribu~~al may, in its discretion, allow further time not exceeding two n1onth.s for the filing of any such appeal :

192 ~ease-holds (Abolition and Conver~ !on into Ryotwari)

Ryotwari patta l[9-A. 11) Notwithstanding anything contained in this not to be Act, no ryotwari patta shall be granted in respect of any granted in private tank or oorani. respect of private tank or oorani . (2) Any vyotwari patta granted in respeM of any

~r ivatc tank or oorani under this Act before the date of ihc publication of the Tamil Nadu Inam Estates, Lease- holds and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 in the Tamil Nadrr Govenzment Gazette, shall stand cancelled, and for pur- poses of coinycnsation under this Act, the private tank or oorani stall be deemed to be Iand occupied neither by the lessee nor by any other pcrson.]

Liability to pay 10. Every person, whether a lessee or a ryot, who land revenue to becon1es entitled to a ryotwari patta under this Act in Government. respect of any land shall, for each fasli year commencing

with the fasli year in which the appointed day falls, be 1;q ble to pay to the Governnlent such assessment as may bc lawfully imposed on the land.

Vesticg of buildings.

11. (1) Every building situated within the limits of rt lease-hold sllall, with effect on and from the appointed day, vest in t h ~ pcrson who owned it immediately bfore that day: but the Government shall be e~tit lcd for each fasli yea.r comnlencing with the fasli year in which the appointed day falls, to levy the appropriate assessment thercon.

(2) In this section, ' building ' includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto.

Right of 12. (1) In cases not governed by any other provision certain lrssees of this Act, whexe, on or afier the 30th day of September and 1961, but before the appointed day, a lessee has created

by way of lease or otherwise. right in any mines or minerals, quarries, fisheries or furies, the transaction shall bt deemed to bc valid, and all rights and obligations arising

- -A. --0

1 This section was inserted was deemed always to have been inserted by section 3(2) of d l Phdu Inam Estates, Leaso;. holds and Minor Ii-lams /Abolilion m d Gnversion into &yotwarf) Amendmt~t Act, 1975 (Tamil Narlu Act 2 of 1976).

Lease-holds (Abolition and 193 Conversion into .Ryotmri)

any law in force at the time ,pd that any such right ted for a period not exeeding one year.

te Government. C-1-225-7-13

' ,

194 ' Least:-holcl~ (Abolition and [I963 : T.N. Act 2 ; ~ Co~zversiorz into Ryotwari)

I

CHAPTER IV.

SURVEY AND SETTLEMENT OF LEASE-HOLDS. I "

suvey oflease- 13 (1) Any lease-hold may be surveyed, or if it has been hold s . surveyed before the appointed day, may be resurveyed,

as it it .cvere, Government land, in accordance: with the ~ovis ions for the survey of such land contained - in the [Tamil Nadu] Survey and Boundaries Act, 1923 ('[Tarnil

Nadu] Act VIII of 1923) :

Provided that any resurvey made under this sub-section may be limited to what is necessary for the ryotwari settlellleilt of the lease-hold,

i

(2) The cost of the survey or resurvey, except so sxuch therec f as i s payable by any person under the pro- visions of xction 8 of the '[Tamil Nadu] Survey and :Boundaries Act, 1923 ('[Tamil Nadu] Act VIII of 19233, shall be borne by the Government.

Manner ofefrcc- $4. (I) Tl-w Sc:tle.rnt~?it Ofiiccl- s l ~ ; ~ l l 2 r\jott,jr;tri ting ryotwari ~ettlcIII~;iL o:'ci~ch ~c.?sc-ho;~! or p::rC thmeof in accordance settlement. 'with :t settle~nc.-l!t n~;;::~.,~:.:.. frcr::eil and published by

the G O V ~ I iuA\;e:;t for the purpose.

(2) Tile, said ilotiiication shall embody the principles adopted in making ryotwari settlements in ryotwari areas and shall adopt-

(a) the ratcs of as~essment set out in the resettle- ment notification in force on the date of the publication of this Act in th9*Fort St. George Gazette in the district in wI~ich the lease-hold is situated ; or

(b) if nore thai~ one such notification is in force in the district, the rates set out in one of those notifications which the Government consider to be the most amo- priate to the case.

-

J. 1 'i'hmo words %re substituted for the word '' Madrasss by the

Tarnil Nadu Akaptation of Laws Order, 1969, as 'amended, by the Tarnit Nadu Adaptation of Laws (Second Amendment) Urdeq 1969,

f

* Now the Tnmil Nadrr ~okrnrment Guzetfle.

LedS'e-ho/ds (.4bolit;o!z rlrrQ

Convc.t.sioiz into RyotwLlril

i) as empowering the appropriate officer or autho-

The land revenue payable to the Government in t of any land for each fasli year commencing with sli year in which the appointed. day falls, shall, ryotwari settlement effecred in pursuance of section ken brought into force in the lease-hold, be deter-

Where refit was payable to the lessee by I-lle ryot tasli year immediately preceding the fasl; ?car in

the appointed day falls, the rent so payable ;

appointed day falls, by a ryot holding similar similar advantages in the village :

Inter trient

assess-

196 ease-holds (Abolition and [I963 : T.N. Act 27 Conversion into Ryotwari)

CHAPTER V.

~ETERM~NATION AND PAYMENT OF COMPHNSATI~N.~

Compensation 16. The compensatiorl payable in respect of each bow deter- L,~se-hold shall be determined in accordance with the mined. follo\vi~~g provisions.

Compensation 17. The compensation shall be determined for each to be deternlin- lease- hold as sa whole and not separately for each of the ed hold for as the a whoie. lease- interests therein.

Basic annual 18. A sum called the basic annual sun? shall' fir& sum. be determined in respect of the lease-hold.

Component 19. (1) The basic annual sum in respect of a lease parts of basic hold shall be the aggregate of the sums specified below, annuals*n. less the deductions specified in section 22 :-

(i) the whole of the gross annual rent demand in respect of all l a ~ d s in the lease-hold occupied person other than the lessee on the appointed da the deduction specified in section 20 ;

(ii) the whole of the average net annual mis Ianeous revenue derived frpm all other sources :in lease-llold specified In section 4 (h) but not including !an occup.ed by the lessee on the appointed day.

(2) Where the rent payable by a ryot to the : le is in kind or partly in kind and partIy in cash, its conim

- value in terms of money shall be ascertained in prescribed manner.

(3) Where tbe rent in respect of any land the fair rent as determined in accordance with the visions contained in the Second Schedule such fair shall be deemed to be the rent in respect of that for the purpose of clause (i) of sub-section (1). : . .:

Deduct ion 20. From the gross annual rent demand there from gross annual rent de-

deducted three and one-third per cent of such w n d . on acco~tnt of the maiptenance: of irrigation works senrio

the lease-llold : e

Provided that no such deduction shall be made i-s no irrigation work serving the lease-hold or if the is under ILO lzgal obligation to maintain any 'ru grving the lease-ho ld:

!, ''- ' , Y '

----- ain every one of the irrigation works serving the

is shared bv him either with the Gnvei-nm~nt .I L some other person, the percentage of such

n shall be reduced by such extent as the Govern-

The awrage net referred

* 19 shall be the

annual miscellaneous revenue a m p u t at ion of to in clause (ii) of sub-section (1) net misceh- average of the net annual income us revenue*

the lessee from such sources during the three immediately preceding the fasli year in which

pointed day' falls :

ascertainine the said annual income derived bv

sources referred to tn clause (ii) of sub-section on 19 shall be the: average of the net annual

erived by the Government from such sources fasli year commencing on the appointed day,

as the first day of July or on the .first day o f , ediately succeeding the appointed day if that not the first day of July, and the next fasli year

ryotwari settlement is efleoted in that year or the o fasli years irl other cases.

. . Lease-hoZds (Abolition and

Conv~rsion into Ryolwnri) 198

further that, where the obligation of the lessee

d -- ..--- --- *

). deem reasonable. -

that, if the Settlement Officer or the * Board is of the oplr,ic;~ thn+ +Fn- we no reliable

the average net annual miscellaneous revenuk

and (ii) d s%b-section (1) of scctior, 19, ascer- s aforesaid, there shall be deducted --

proportionate amount, ascertained in the manner, payable for each yeax, A - by the 1ese;ee

laymcrmt

- -

'From the aggregate of the sums referred ta in sums - . patable

be whole of the amount payeble :mnually by ee to the Government ; and

; mvernment in respect of any additional p hU* *

under the lease.

lder the be deduc

198 Lease-holds (Abolition and [I963 : T.N. Act 27 Coqversion into Ryotwari)

Amount of 23. The compensation payable in respect of r I any : -Wn*tion* lease-hold shall a be-

* .

(i) jn cases in which the lease was granted in per tuity, ten times the basic annual sum ; and! ,

(ii) in other cases, five times the basic z~nua l sug.

Determination 24. (1) The Settlement Officer shall, by order in writing, ofbasic annual determine in accordance with the provisions ofsectipps ' turn m,d corn 19,20,21, 22 an$'23, the basic annual sum in respect, of $ch, X

penaati;ofi. - lease-hold and the . , compens'ation payable in respect 'tIicrdoC4 ,! I ..

(2) The lessee or other person interested may, withi such time as may be prescribed or such further ti the Settlemerit Officer may, in his discretion, allow, in writing to that officer for a copy of the data on the of which he propu.~~ :a deternine the basic annual .. .

,

(3) On receipt of such application, the Oficeg shall funjiph the data aforesiid to 'the and he shall. also, before passing any ord sub-section (1); give the applicant a ree8o$ableh nity of making @S representations in regard thereto ing or orally.

(4) A copy of every order passed under sub-section (1) shall be communicated to the lessee and also to every applicant under sub-section (2).

. . . . ( 5 ) (i) The Settlement Officer may, at any time, ei& . . . suo matzr or on the application of' any person, review

any order passed by him under sub-sectiou (1) on any one or more of the following grounds, iiamely :--

(a) that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of : ;he record ; or

P

Q

(6) that subsequent to the passing of the sai order, data for the betkr calculation of the basic aq$W sum bHve become available ; or

Law-holds (Aboiitio,~ and Conversion into & ~ t i v i ~ ~ + i )

(c) that the said order %requires to be modified of the final order of any competent authority.

** Provided that the Settlement Officershall. not: exercise

b-section jo respect OF 2 ny lease- he lessee concerned aiid every

sub-section and sub-section (21, a portunity of beillg ~ I C ~ ~ I ~ .

. *

(ii) A copy of every order passed undcr this sub- ion shall be comn~urlicated to the *Board of Revenu : also to the lessee concerned and every applicant

er this sub-section and sub-section (2).

person deeming himself aggrieved by an nder sub-section (1) or sub-section (5) may,

ones mon-th from the date of the order or suqb time as the Board may, in its discretion allow, to the *Board of Revenue, and the Board shall

ellant a reasonable opportunity of ass such orders on thb'appeal as it tilinks

Revenue may also, in its discre- er stro motu or on the applicatioll of d examine the record of any oider

ceeding taken, by the Settlerne ~t Ofticer on, for the purpose of satisfyin; itself as regularity or propriety of such order or d pass such order* in reference thereto

Provided that the basic annual sum or compeizsatiou ct of a.ny lease-hold shall no: be reduced

- (1) of the Tamil Nadu Board of Revetlue 1 Nadu Act 36 of 1980) ar,y reference to hall be deemed to be a reference to the

L'cnse-Izolds (Abo!irion and [I963 : T.N. Act 27 C~l l ' , i.3ian into Ryotwari)

by the Board without giving the lessee and every person who has made an application under sub-section (2) a reasonable opportunity of being heard.

. (8) Notwithstanding anything contained in sub- section (6) or sub-section (7), the*Board of Revenue may, on applicatiol~ made to it by the Settlement Officer or by any other person in that behalf, review any order passed by it under sub-section (6) or sub-section (7) if it is of the opinion that the said order is vitiated by an error in the decision on a point of law cr by a mistake, and may make such order 0x1 the application as it thinks fit :

Provided that no application for review shall be granted b:~ the *Board of Revenue without previous notice to the lessee, and to the applicant, to enable them to appear and be heard in support of the order n review of which is applied for.

(9) KO order passed by the Settlement Officer under sub-section (1) or sub-section (5) shall be liable to b; cancelled or modified cxcept by the "Roard of Revenue as aforesaid : and no order passed by the *Board of Revenue under sub-sections (6), (7) or (8) shall be liabl: to be cancelled or modified by the Government or any other authority. .

Compensation 25. .The compensation payable under this Act may be to be paid in paid in such forin and manner and at such time or times presc*bea and in one or more instalments as may be prescribed ner. by rules made by the Gavernmeat.

d _ _--_ --- ___--_-_ + By virtcle of' section 10 (1) of the Tanill Nadu Board of Re~enut

Abolition Act, 1B!kt.b (riamil Nadu .4c$ 36 of 1980) any reference to the Board cf Revenue shall be deemed to be a reference to the Statc Government.

k + p (i) in respect of any amount payable under the .

i or- *?

he Government shall deposit in the office af the compensation payable ander this Act and manner and at such time or times and

stalments as may be prescribed by rules

tlte Government shall be entitled to unt to be deposited all moneys, if any,

due to them-

(ii) in respect of any claim whioh was secured ately before th2 appointed day by a mortgage

tion payable in respect of any lease-hoid stands fter the deposit referred to above bas already

de, the Government may deposit the difference raw the same from the deposit already made or

se adjust the same, in such manner . . and at . such .

nt &ally under deposit, and to' this extent the rial or the Special Appcllaie Tribunal, as the case

; (1) Every person making a claim to, or enforceable st, tbe compensation deposited under - any of the

Cornpeasat ion t 0 be deposited in office of Tribunal,

rge on,the lease-hold or any portion there-

vided further that, where the amount jf t l ~ c

or times as m y be prescribed, and the prov~s~ons &ctions 27, 28, 29, 30, 32 and 33 shall applr to the

be, shall be &ornpete6t' to revise its orders, if any, passed.

) On the making of such deposit, the Government be deemed to have been completely discharged in

ct of all claims to, or enforceable against, thc coin- tion aforesaid.

Claims to ba made Within At.--,. rurrr..l.tn

visi~ns of thi<Act or any portioll thereof, shall apply 'lU" """wU"*

beTribunal within three months from the date on wL:- I*

amount was deposited or within such further time not ding tbree months, as the Tribunal ma), in its dis- 11, allow.

Lease-hoids (Abolition and [I963 : T.N. Act 27 Co!zversion i~zto Ry ot wdri)

(2) Zvery claim to, or enforci.ablc agai pensation or any portion thcseof which is not Tribun~ 1 withi11 the L~ILI'L; Goresaid shall,--

(i) in so far as it relates to the amount paid b the Tribu~zal under section 34 ; or

(ii) subject to the provisio~ls of section 36, in SO far as it relates to the amount in respect of which an o~der for payment has bwn made by the Tribunal or the Special Appellate Tribunal in favour of any person,

cease to be enforceable.

~ u t y of Tribu- 28. The Tribunal shal1,after giving notice nal, who have applied under section 27 and to any

it considers to be interested, make inquiry into i of the claims received by it, and determine the per in its opinion, are entirled to tlte coinpnsation- and the u~nouilt to wl~iclt each c?f ihem is sntit

Cornpensat ion 29. 1) As a preliminary to such determination, t hz to ned be by apwrtio- I ~ J L Tri- bunnl s la!l rtpportion the compzns:~ tion among the le bunal.

I and :my o t l ~ r persons wvhosc rights or interests iu lease-hold stand transferred to the Governnlent tin clause (b) o f section 4, or cease 2nd determine u clause (c) s f section 4, as far as possible i n . . with the ~ a l u e of their respective interests i hold.

(2) The value of those interests shall be asertaine in accodanoe with such rules as may b:: made by the Goverqment in this. behalf. b

(3) After the compensation has been among the persons refeircd to in sub-section ( i t is wore convenient so to do pmding such a ment , the Tribunal shagt a ke into c~nsideration cation of creditors and decide the amount to of such creditdrsb is entitled- and the perso out of whose share or shares of the compensati amount should be, paid. 1 . - . .; . - .-

-

%a - ., 9". *---- " . . I , . , .

Lease- ho2h ( A bolitiolz a?~d Conversiolz i~zto Ryot w r i )

d that the interest of any person Devolur nt cf any portion of the compen- interest

(3) In respect of each of the subsequent fasli years, interim payment to be deposited sllall be t l ~ e basic

annual sum roughly estimated as aforesaid.

inst, t Izc a Inc unt s

fasli ye:,rs if the basic annual sum as fiilally , determined had been adop!~d instead of the basic a n ~ ~ u n l

stih as' i roughly . $ + estimated.

Lion of in

sat ion.

Lease-holds (Abolition and . [I963 : T.N. Act 27 Conversion into Ryotwari)

I I (7) If the aggregate interim payinent determined under sub-section (6) exceeds the aggregate interim pay- ment already deposited, the balance with interest thereon at three pt,r cent per annum shall be deposited by the Governmeilt with t!~e Tribunal along with the compensa- tion as finally determined.

(8) If the aggregate interim payment determined under sub-section (6) is less than the aggregate amount already deposited, the excess amount deposiled shall be deducted by the Government from the amount of the compensation finally determined and t be balance .shall be deposited in the office of the Tribunal.

I

(9) No interim payment made under this section sl~all be deemed io constitute any part oft he compensation which the Government are liable to deposit under sub- section (1) of section 26, or to any extent to be in lieu of such cornpensat ion.

(10) 1'1-be Tribunal shall revise its apportionment '

of tlzc interim paymeiAi0 .,I:h :-2fercnc.c to the aggregate interim paymcnt as finzlly determii~ed by thc Government and make the necessary adjustments when apportioning the compensation as finally determined.

Appeals 32. (])Against any decision of the Tribunal under sub- section (4) of section 9, the Government may, within six months from the date of the dcoision, and any person aggrieved by any decision of the Tribunal under sub-section (4) of section 9, section 28, section 29, section 30 or section

I 31 may, within three months from the date of the decision, appea 1 to the Special Appellate Tribunal consisting of two Judg:s of the High Court nominated from time to time by the Chief Justice in t l d behalf:

Provided that the Special Appellate Tribunal may, in its discretion, allow further time not exceeding three nionths for the filing of such appeal.

G ".' *2 -

- " - 7 , -- .'AGa~c-.* '*-a*- * ,#>* .- - C&*"i";;sxr mi. .?~,?fl%-..~

-233%

m m k e of the Special Appeikze Tribu~al appeal on all points, whether of law or of

ed for the purpose dge or Judges shall hear to sucl~ point or points on of the majority of the eal including those who

be the decision of the

nal shall have the 1 Court undel* the Code

Czntral Ac: V of 1908), when

OF the Tribunal ming an interest in anv

that any such person has ndt or filed any statement or

peared or participated in any oceeding before the Tribunal or the Special Appellate ibunal, as the case may be.

I

determined Restriction on made under the jurisdiction

a 1 and the Sppecial of Tribunal + Specia 1 Appel- to the npport ionmen. late Tribunal,

referred to in szc~iol~ 28, or 31, as the case may be, and

Special Appellate Tribunal o into ths qucstim o f the

of t.he deternzination or the adequacy of the

206 Leme-lzolds (Abolition w d [I963 : T.N. Act 27 Conversion into Ryottiuri)

Di~b~rserneotof 34. All payments made out of the compdlisation compensation. deposited in t& office of the Tribunal under dction 26

shall be ma* by it in accordance with its orders and deci- sions subject to the rnodific~,tions, if my, made on appeal under. sectioii 32.

Limitation for 55. Every person in whose favour an crder for paynlent claims by. h2&s been made bq the Tribunal, shall make an application persons en:ltled f t ~ payment within three months from the date of the to paynlent.

Of acr :

R-ovided that the Tribunal may, within such further time not exceeding six months, as it may, in its discretion allow, admit a claim preferred after the period of three months ttfo~.eszsid, if it is satisfied that tho claimant had sufficient cause for not preferring tho claim within th:!t period :

Provided further that, where an appeal has been filed before the Special Appellate Tribunal against the said order for payment, the aforesaid. period of thiee mooths shall be reckoned from the date of the decision of the Special Appellate Tribunal or the appeal.

Unclaimed and 36. (1) ( ( I ) &411 amounts deposited ifi the offi? af the undisbursed Tsi buwal under sub4ection (I) of section 26 and 'Sub-set- amounts how tions (4) and (7) of section 3 1, and remaining unpald iind dealt with. with rcfereacc: to ihich no claim has been made \itifhin the

time specii ied in sub-section (1) of section 27, or nog appli- cztion for payrnect has been made within the time' speci- fied i i l sectioi~ 35 ; and

(b) all amounts deposited as aforesaid and unpaid after ihe expiry of a period of six ifibnths

1 ' I? rj,n ib date of thG d ~ t i ~ ~ ~ of the application u& 'kctian 35,

A

f'.

&

Lease- holds (Abolition and Conversion i~to R y o t ~ a r i )

anlounts deposited by the Tribu~sl in the rt uiider sub-saction (1) shall be dealt witl':

ict Court in accordance,with such ru!es as inay the Goverizmt:i~t ii: thls behalf.

11 making a claim to or euf~rceable deposit under sub-section (I) Court in the prescribed form

3 1 e District Court shall, after giving notice to G . ~

who have applied under sub-section (3) and to any m it considers to be interested, make enquiry idity of the claims received by it and subject to ons of sub-scction (5) determine the persons

ount held in deposit a ~ c l the f them is entitled.

(j) Eve] y u~.d.ct For pnytncni m:~uc by tlv: 'l'r-ibu~u~t l u r @cia1 Appellate Tribui~al in favour of any person h bindillg on the District Court.

11t midc to ally person is Wrong and ex- not due to him or to i l l cess payments to

ue to him, the arnm.int wliich is be recoverable as ichisinexcess,as thccasr IT ay be, land revenue.

e per Ccfit per annurn, or any not be otherwise adjusted by

unt due to such pelasor], shall be 11 arrcar of land revcr) ue

CHAPTER VIX.

MISCELLANEOUS.

ch the lessee ?as liable. unhr the trpsc uaount to to 'the, ,G~YFF. q q t before the 3 ~ lgde to aoocBe,

a .to. a c c r , ~ 4 .effect from 'the ediaQ1y prece ing the app~ in i~d

208 Lease-;told$ (Abolition and 11963 : T N. Act 2 Co~version into mot wad)

of execution 39. (1) No court shall before the ddntp: m which the e p -oeedings* liee deposit in pursuance of this Act is inade in the 0

of the Tribunal, order or continue execution in respect any decree or order passed against the lessee against ifiterests in the lease-bold or ng~ ins t his other irnmova prr'pr ty or against him persona lly bq arrest and detention and with eRect on and from suchi!.ate, execution in the cacP aforesaid may be ordered or colltinued as specified in, an in accord-ance with, the provis:oizs of section 40.

(2) All proceediilgs for the execution of any decr or orcler by the arresl its14 Jetc1itioil in prison of the less gending on the appointed day shall stand dismissed and on suzh day the lessee is detained in prison in executio of any such decree or order, he shall be released forthwith.

(3) Notwithstanding anything contained in any o taw for tire time being in force, no !essee shall, on or the appointed day and before the date on which the ea deposit as aforesaid is made. sell. mortgage, lease or 0th wise assign or alienate any of his i~~l~novable proper and any transaction of the natu1.e hereby prohibited s be void alld inoperati de and shall not confer or t a k a any right whatcver on or from any party to the tmnsrct

Traasitio~alpro- 40. (1) No clailn or liability enforceable inmediate vision in regard before the appointed day against the lessee or aga to liabilities of any other person whose rights in the lease-hold st lessee, etc. transferred to the Government in pursuarrce of cla

(b) of section 4, shall on or after that day, be rnfotcea against tbe interest he bad in the lease-hold ; and a11 su claims and liabilities shall after the date on which earliest deposit in pmbsuance of this Act is made in 0 ffice of the Tribunal, %e enforce3 ble-

: nginsr the irlteriri~ FnJ-ments or rhe ccmpn t icn cr other sum or sums paid or payable to him un this Act, to the same extent to which such claims a liabilities were enforceable against his interest in the lea hold imn~ediately 5efoz.e the appointed day ; and

C

I (h) against his other property, if any, to th& sa & I .extent to which such claims and liabilities were enforces

.against suchproperty iarmcdhkly before &cappinte&

Leo,~t+- l~ ,d~l~ tail !~oZiiii~rj Q ) Z ~ 209 ~ ; O P ~ V C , ; ! ~ O , ~ Irziu E?ynr"i~.t~rf)

ity with the ptovisiol~s of sub-sectioi~ (1) o:dy :;s the interim payments or against the colnpzns~tion stlm or st~~ns paid or payable to hin~ as ;; forcsa it!, st his otl~cr property, if any.

) No corn t shti hall, in enforcii~g any cle im ur 1 iabi l i ty the lessee or any other person aforesaid, iillow at a rate cxcertling six per cent per anntrnz h i 11zplc for the period commencillg on the appcinteri t!lt,y

ng with the tlatc on whicl~ the ea rlirst dcposit rce ofthis Act i s made in the office of thr: T~.ibuna'l.

211: I:Of t J:~:(:c I i i h l i ycal s i r ~ rcspcct ul t i ~ s t l Jailci, bc clee tlwd to bc diachurgecl w'lether or not a dcc~cc has b c c ~ ~ obtni ncd ih~rcftir , if r h ~ rgot p:rys to the Iessec tlzc arrears af't.rrrt clue !*OI. ;I ~ C I - I ' O C L ~ l ' i t n y tl~iye firsli years.

( 2 ) I n ally suit or proceeding for the recovery of any al-l.eal-s of rent refelrod to in sub-jt.ction (I), the court or a~~thoi-i ty concerned shall, upon dcpcjsit in the court or hc.fo~-e the authority, or upon P T G O ~ by the ~ y o t of tllc pirymcll t, of arrears of such rent for any thrct fasli years, disnlihs the suit 91' proccedjng.

(3) If befcre the appointrd day an) clecrez or order has beec passed in any suit or proceedings fol the recovcry of any a.1-rears of refit d ~ i e froma ryot, which ia inconsistent wit11 tlrc. provisions of this section, the court or auttiority concerned. shall, upon deposit in the court or before the aut11orit-y, or upon proof of the payment, of the arrears of~entduefr~~ntheryotforatlythrecfa~liye~rsandon t l~c tipplicatiori of any person aflected by suclz decree or orckr, whether or not he was a party thereto, vacate the decree or (,l-der :

Provitied that ilothing containc~i in this sccticn shall :rpyly to any suit or proceeding in which the decree or or cler has bccli scttisfied in full, before the appointed day.

Exp2artutiort.--.For the ; I. i110va1 of doubts it is hrrebj declrrrcd that t l ~ c payment ci i deposit, of arrears o f rr nt .

* . for three 6sli years referred to in this section sha3 be p; y- mcnt or dtposit made after the a p ~ oi nted day.

' 8 .

~ g h t g , of ownw 44. M7h\.rc. a person- or occupier not to be aflmed by (ci) is entitled to the owntrship or to the posr;essinn temporary t i i s -cju ~ . c c t ~ l ) a t i ~ ) n tli:u~yl;lnci or huil.ii;~!! inrncdiatc-ly b:Torc

th: ;I p p o i n ~ ~ t l d ; t y , bu t Jut s ir iinr fcrl ed h i s !sigh t t ( 3 the . . possf"sion 4 ir

accupatiou. I ~ o s ~ c ~ ~ i o n J r occul~;~tio 11 thercof or h;i s bcc [I tvlnpo1.n- , l i ly cii:,pos ,tx:,*c ;i o r (lt!t>rived of hi s rig f t t l l r

occ~\l;:~t i o t l tl~creof ; : ~ n d

(b ) . , not on that t h y lost his right to recover t11e po!;.ies:;I(,I: or occupation df such i;ind or building ;

i . 1 ~ shall, for the purposes of this Act and subject io t h ~ p~*ovibiolls l !~~reof b i deernedto he t !~e owner, or to be

yosszsdon or occupation, of such laud or. building : .-

T , E ~ ~ s c - ! ~ o ~ ii , . I' . t r )/if?< C i ~ ~ ~ c e r s i o ~ ~ !/lit

transferee of t11c fed tc 211 the rjglrts

his Act of his irai~sferor.

under thi:, / k t ,

a civil court (not beillg the Cst~rt a Court of Small Cattse5) ou any jurisdiction shall be binciing on persons clailning untlcr f hem in is A c t before a Tribunal 01- the a1 iil so far as sucl~ matter is i i ~ s l L ~ f persons aforesaid it1 such

de in the office of the Tribunal, such proceedings were pend inp r obtaining certified copies of ceeding shall be excluded.

ry decision or order in any appeal or revision is provided ommunicated in such manndr

o be the date 01 the decisi . . . 011 ' - .:,J 1 . 4 9 . ..,,

21 1, S O l o tnid C o ~ t v ~ ~ ~ ~ ~ i o ; / ill: !j R . I ~ ul(/ri)

( 3 ) 'The provisio~ls clt' s ec t iv~~ 4 . I I ~ C I sub-sections (1) anL\ (2) of zection 12 of the'Indian Liinitation -Act, 1908 (Central Act I>; of 1908), shall, SO far as may be, apply to

i1ppml or application for revision under this Act.

(4) Where, under this Act, an appeal or application ii,r rcvision inay be preferred to any authority or ofricer w i t i ~ i ~ l a prescrtbed period or within sucR further time )lot exc,;cding a specified period as may be allowed by such anthority or officer, the further time at'oresaid shall be cotnputed an and from the expiry of such prescribed period jolnjxlted in accordance with the provisions of sub-sections (2) 2nd (3).

. 48. (1) Any order passed by any officer or the Govern- ~ c t . ~nent or other authority under this Act or any decision of

Tribunal or the Special Appellate Tribunal in respect of matters to be determined for the purposes of this Act shall, ~ul-,.ject only to anylappeal, or revision provided under this Act, be final.

(2) NJ such order or decision shall be liable to be qucstiot~ed in any court of law.

Jirris~liqiou , of 49. I( 1) No suit or other proceeding sf:alI lie against the Government for any act done or purporting to be don Crrtaia..pses. unclcr this Act or any rule made thereunder,

(2) (a) No %it, !\rosecution or other proceedings %hall lie against any ofticel. or servant of the Government I. ,or any act done or purportinq to be done under this Act or any rule made thereunder, w~thout the previous sanction of tlte Government.

(b) No officer or servant of the Government sha be liable in respect of any such act in any civil or crirnina proceeding if the act was done in p o d faith in the course o the execution of the duties, or the discharge of the functions imposed by or under this Act.

(3) No suit, prosecution, or other proceeding sh'all b institutec' azainst any offic r or servant of the Governmen C for any act done or purpo ting to be done under this Act or any rule made thereunder, after the expiry of six months from the date of the act complained of. -_I_-----

* .VOW r LC Ji txira tion Act, J963 (W

Y ' d'." .

1:: T.N. Act 2J] Coi~versjot~ ~ I / / ( I I<L.o[)L,.

(i) l'he Goverj~r~~ent may make rulcs to oirry 1'1 &! purposes of this Act. I 1

Bins, appeals and revisions under tnla ncr ;

a (g ) the transfer of proceedings fro111 ktbority or officer, to another ;

uo motu or on appllcatlon a1 Lnt; ULUGL" "L

&r person to whom f he pi J-lA--*Aa

and r i

dlP'Cl to r lcs

.*I c;*t . (4) (a) All rules made under this Act shall be publisllt iu the * Fort St. George Gazette and unless they are expressed to come into forcc on a particular day, shall conle into force on the day on which they are so published.

(b) Ail notifications issued under this Act sliall uilicss they are expressed to come into force on a partic day, come into fi~rce on the day on which they published .

( 5 ) Every rule made or notification issued under this Act shall, as soon as possible, after it i s made or issued, be l> aced on the table of both Houses of the Legislature and if, before the expiry of the session in wl~ich it is so placed or the ltext session, both Houses agree in making any modificatioi~ in any;~ich rule or t~otification or both Houses agree thnt the rule or notification should not be made or issued, tkc rule or notificatjoil .;ha11 thereafter have effect only in sucll modified form or be uino elrect, as the case miry be, so however, that any such .modification or ililizulincnt shall be w i i l ~ o ~ t prcji~dlcc to illc validity of :~nytt:ing prei'iously durle u~~cies i irai r ~ i i c : t,s not ificatic,n.

Speeia! pro\ i- 52. ( i ) S ~ i \ v i l l ~ . ; ~ i \ r ~ ~ t l l i g 2 y ~ l i i i , ~ coi~tail~ed in the sion roln;irlg '[l'alni L Nricil!] Lslnl Rtfk i iils (pix;fl i\11i 01' Ctilin,~ onliind) to fixa!io~l of' Act, 1961 ! l [ ~ f i ~ ~ ~ ~ i i N s i d ~ ~ ] Act 58 of l 4 J l i I ) , but subjectto the cc'liflg area provis~ona I f ztlb-scc~icn (3), t llo L ~ L t l~orizcd uRccr sh;llJ in reS'~Cc! O" in the tw;iiali of* tbr: ceiling zrca ol. :try pi rson ,-illtlfr lha.1 ally Idn,.l I n a lcasc-hold. Acl, cxc;lu(fc any land i n :I ieasc-l~ciftl.

(2) '21 st.,c)iil 3s i l l ; . ' Iv, ;rtvfcr lhc- ryotwar I sct t l C ~ l ~ i l ~ t i b b i . ~ u i ; t ~ . i l l ~ t , ~ ( \ S C C iii i : ! > j i t t j i t l LCI;.! 1.c cl t o in sub-stc; jc 11 (1) d i gr;1fii i.4 l lbc r t i pa t l ;~ in reslecl such lallcl I P :in). persoil i o :!~ci;, .cl:i~~c.u with t C t provibions c.f Illis ~ r c t , tl'e abi hcbrizttl ~ ~ ~ ' E L C I - sl ;ill ci lculate 01.

recalculate tke ceiling a s ~ a of such per-sc n arid in so crrlcikit ing or I ~calc~tls t j f i ,~: ihc ariihor izrtd c acer $1 211 :.i k p i n 1 .) : ic i~!t~i i : t j e ~)f'if!e ];!I:'! in r: zbyct c>f j\-i jch

* - I > ~ > I \ \ . ' : : ; '= : i I . 1-3s b~ : i : g i . . ~ : i ~ ~ ~ c:llL!ci- igIs J ~ C X . _ _ _ - - --

j hc\e '\ , ) I L ~ S Werd s~lt~stit!tted filr t l x i\.oril '' hIadmsw by the ; ; t t n r l N i ~ c l i t AtfapLatic)n of i:iws Order, 1909, as anlcndcd by tile 'tit~nil Nail u .h~tcipc;ttion of I-itws ISccc~ld Alncttdment ) Order, 1969.

c i ' p ~ ~ ~ r - j ? c ? l d I r (Abolitfan an$! 21s

E,'Oii~~cryit~rr i ? f o ./<]'~t)l"gl*j,

Ft r ~ I I L p~rposes of' illi;: jwii~nil Naau] I,~!rld (1;ix;rtion of' Ce~li l~g on LL~I ILI ) Act, 196It J [ t* : \ ,n~l

i ?

< 1 % G

i

j ; j ; I

necessary for the purpose of removing the diffculty.

THE F11tST SCHEDULE. (Set section 1 (21.1

Keve:lue nunrbcr lit/:;l h r c r t 1 yf ~lrtr rtarrre oj' vil/(~,yu. Icclsc-hold. i 1 1

i i/ 1 ,

! a 1

. . 13. Chant L y o ~ , hoIc hi?legt . 1

, , 55. Mukthdpud~~r)nti\r D P. t j ; . . 146. Knradiputhi~,, kc.. ; I *

a , . 147. Kann:u~kotlur . . 13c. i I '

. . L50,'Thervoy .. . . Do, 1. j j . . 151. Kand~gai . . . Do. . . 180, Pappaitkuprarn crr'itrs CJ i ~ ,

I ; Alamelurnanga pilranr. . -,

1 ? I ) i '1

. . 121. Ikkattuthangic: , . I I!! i . . ? 17. 1-Iun~sar~aha!t~ . . t?ct . 1 1

. . 3 18. Siilatahalli . . q o , j . . 32 1, Regad~hclli . . 3 iI

. , 322. Mottankurii'fi-r . 94.7, I , __ _ _ _ ___ _ _ _ _ _____ I ___--__ ____ _ --- -- - - - - - --- - -- --- -- - --------. ' . 8 I

I

l 1

I

fi&i-hoZds (Abolitbn md Cdnvcrsioiz illto & y d t ~ ~ r i )

TkiE SECOItll SCMEL)ULE.

[See sectjvn 19 (5)J I

iJro I isions relalatitag to ihe dctrr.~?rOiutio~r uffhir rent.

i , idor lopcs, orchards and lallds used lor non-qri- ~ ; u l t u l a1 j)~i-l~o:rcs, the fdir rent shall be tlie lease aluvull , I > deterlnincd by rules ~nade by the Gov~rn~nent in Il~i bell all'.

2. In respect or lsilda other than those specilicd iu pa';iggaph I , the fair rent shall be the aggregate of-

(a) (i) in the case of wet land, 40 per cent of th nornlal gross produce or its value in inoney ;

(ii) in the case of wet land tihe irrigation of which ' s~pplemented by lifting water, 35 per cent of the nornl gross produce or its valoe in money ;

(iii) in the case of land on which crops which not give any yield within a period of one year from tillle of cultivation are cultivated, 40 per cent of the nor111 gross p x ~ d ~ - c e or its value in money ;

(iv) in the case of any other class of land, 33-113 ?cr cent of tlie normal gross produce or its value in 1

I money :

Provided that, in the case of lands referred to ijl sub. paragral>h~ (ii) and (iv) for the cultivation of which walcr i s lilted by pump sets installed at the cost of.thf pen0 owlling the land, the fair relit shall be increased to 4 per cent ; and

(b) the vaiue of one-fifrh of the straw or stalk of (hi: crops cultivated orl the land in an agricultural year. .

2