AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917 [THE AGENCY TRACTS INTEREST AND LAND TRANSFER
ACT, 1917][1] [Act No. 01 of 1917] [14th August, 1917] An Act
to regulate the rate of interest and the transfer of land in the Ganjam,
Vizagapatam and Godavari Agency Tracts Whereas
it is expedient to limit the rate of interest and to check transfers of land in
the Agency tracts of the Ganjam, Vizagapatam and Godavari districts; It is
hereby enacted as follows:-- This
Act may be called the Agency Tracts Interest and Land Transfer Act, 1917. In
this Act unless there is anything repugnant in the subject or context-- (a)
"Agency tracts" means the scheduled
districts as defined in Acts XIV and XV of 1874 and included within the
districts of Ganjam, Vizagapatam and Godavari. (b)
"Agent" means "Agent to the
Governor" in the districts of Ganjam and Vizagapatam and "Government
Agent" in the district of Godavari. (c)
"hill tribe" means any body or
class of persons resident in the Agency tracts (not being a landholder as
defined in the Madras Estates Land Act, 1908) that may from time to time be
notified as such for the purposes of the Act by the [Provincial Government][2]. (d)
"immovable property" does not
include standing timber, growing crops or grass. (e)
"prescribed" means prescribed by
rules made under this Act. (f)
"transfer" means mortgage with or
without possession, lease, sale, gift, exchange or any other dealing with
property not being a testamentary disposition and includes a charge or any
contract relating to immovable property. [3][* * * * *] (1)
Notwithstanding any rule of law or enactment
to the contrary, any transfer of immovable property situated within the Agency
tracts by a member of a hill tribe shall be absolutely null and void unless
made in favour of another member of a hill tribe, or with the previous consent
in writing of the Agent or of any other prescribed officer. (2)
[4][Where a transfer of property is made in contravention of
sub-section (1), the Agent or any other prescribed officer may, either on
application by any one interested, or on his own motion, decree ejectment
against any person in possession of the property claiming under the transfer
and may restore it to the transferor or his heirs: Provided
that if the Agent or the prescribed officer is of opinion that the restoration
of the property to the transferor or his heirs is impracticable, he may settle
the property with another member of a hill tribe on such terms as he may think
fit. (3)
Subject to such conditions as may be
prescribed, an appeal against a decree or order under sub-section (2) if made
by the Agent shall lie to the Revenue Commissioner and if made by any other
officer shall lie to the Agent or to any other officer specially empowered by
the Provincial Government in this behalf.] Notwithstanding
the provisions of any law to the contrary, every suit against a member of a
hill tribe instituted after the commencement of this Act shall be instituted
only in the Courts of the Agency tracts. In
execution of a money-decree against a member of a hill tribe, no immovable
property owned by him within the Agency tracts shall be liable to be attached
and sold except as and if prescribed. (1)
The [Provincial Government][5] may
from time to time make rules[6] to
carry out the purposes of the Act. (2)
All rules made under this section shall be
published in the [official Gazette][7] and,
on such publication, shall have the same effect as if enacted in this Act. (1)
This Act shall not affect transfers made or
debts or liabilities incurred before the coming into force of this Act. (2)
Nothing in this Act shall affect a
landholder's right to proceed against the raiyat in accordance with the
provisions of the Madras Estates Land Act, 1908 (Mad. Act I of 1908), or the
first charge declared by section 5 of that Act, [8]*
* * *. (3)
[9][Notwithstanding anything contained in the Madras Estates
Land Act, 1908 (Mad. Act I of 1908), no relinquishment of a holding or any part
thereof by a raiyat who is a member of a hill tribe shall be valid unless after
such relinquishment the land-holder either settles the holding or any part
thereof, as the case may be, with another member of a hill tribe; or else
retains it in his possession or settles it with a person who is not a member of
a hill tribe after obtaining the written approval of the Agent or any other
prescribed officer. Any relinquishment that is accepted in contravention of
this sub-section shall be deemed to be a transfer of property in contravention
of sub-section (2) of section 4.] (1)
[10][If any person who is not a member of a hill tribe is
found in possession of immovable property in contravention of the provisions of
this Act on or after the 1st day of March, 1948, such person shall, without
prejudice to his liability for ejectment under sub-section (2) of section 4, be
also liable to penalty for an amount not exceeding one hundred rupees per acre
of such immovable property for each year or any part thereof during which his
unlawful possession continues. Such penalty may be imposed by the officer
decreeing ejectment under sub-section (2) of section 4 and shall be recoverable
as an arrear of land revenue. (2)
In any proceeding under this Act where the
validity of the transfer or relinquishment of immovable property is called in
question the burden of proving that such transfer or relinquishment was valid
shall, notwithstanding anything contained in the Indian Evidence Act (I of
1878), lie on the transferee.] [1] For Statement of Objects and Reasons, see Fort St. George
Gazette, dated 10th October 1916, p. 953 For report of the Select Committee,
see ibid, dated 27th February 1917, pp. 319-322. For the Bill as amended by the
Select Committee, see ibid, of the same date, pp. 323-324. For Proceedings in
Council, tee ibid, dated 9th January 1917, pp. 130-140, and ibid, dated 10th
July 1917, pp. 1099-1124. [2] Substituted by the A.O. for "G. in C." [3] "Maximum interest that may be allowed as against a
member of hill tribe" rep. by the Orissa Money Lenders Act, 1939 (Orissa
Act III of 1939), s. 27. [4] Substituted by the Agency Tracts Interest and Land
Transfer (Orissa Amendment) Act, 1948 (Orissa Act II of 1948), s. 3, for the
original sub-sections (2) and (3). [5] Substituted by the A.O., for "G. in C." [6] For rules made under this section, see Orissa L.S.R.
& O., Vol. I, Pt. VIII and the Madras Local Rules and Orders, 1926, Vol.
II, p. 483. [7] Substituted by the A.O., for "Fort St. George
Gazette". [8] The words "or the provisions of the said Act
regarding relinquishment of a holding by a raiyat" rep. by the Agency
Tracts Interest and Land Transfer (Orissa Amendment) Act, 1948 (Orissa Act II
of 1948), s. 4(a). [9] Inserted by ibid, s. 4(b). [10] Inserted by ibid, s. 5.
Preamble - AGENCY TRACTS INTEREST AND LAND
TRANSFER ACT, 1917PREAMBLE