MADRAS
(TRANSFERRED TERRITORY) RYOTWARI SETTLEMENT ACT, 1964 THE MADRAS (TRANSFERRED TERRITORY) RYOTWARI SETTLEMENT ACT, 1964 [Act No. 30 of 1964] An Act to provide for the survey and ryotwari settlement of lands
in the Kanyakumari district and the Shencottah taluk of the Tirunelveli
district. Be it enacted by the
Legislature of the State of Madras in the Fifteenth Year of the Republic of
India as follows :-- (1)
This Act may be called the Madras (Transferred Territory) Ryotwari
Settlement Act, 1964. (2)
It extends to the whole of the transferred territory. In this Act, unless the
context otherwise requires,-- (a)
" Assistant Settlement Officer " means an Assistant
Settlement Officer appointed under section 6 and having jurisdiction; (b)
"Director" means the Director of Settlements appointed
under section 4; (c)
" fasli year " means the year commencing on the first
day of July; (d)
" Government " means the State Government; (e)
" jenmikaram " means jenmikaram as defined in the
Travancore Jenmi and Kudiyan Act of 1071 (Travancore Act V of 1071); (f)
" landholder " means the registered holder for the time
being of any land and includes? (1)
his heirs, legal representatives and assigns; (2)
any person who under any law for the time being in force is liable
to pay public revenue due in respect of land held by him, but does not include
a lessee under the Kuthagapattam Rules, for the time being in force, in the
transferred territory; (g) "
ryotwari assessment" means the assessment payable to the Government under
sub-section (1) of section 10; (h) "
Settlement Officer " means a Settlement Officer appointed under section 5
and having jurisdiction; (i) "
thiruppuvaram " or " melvaram " means thiruppuvaram or melvaram
entered as such in the revenue accounts; (j)
" transferred territory " means the Kanyakumari district
and the Shencottah taluk of the Tirunelveli district. Nothing in this Act shall
apply to -- (i)
inam lands; (ii)
Sreepandaravaka lands belonging to the Sree Padmanabhaswami Temple
at Trivandrum; (iii)
Sreepadam lands belonging to the Sreepadam Palace. As soon as may be, after
the publication of this Act in the Fort St. George Gazette, the Government
shall appoint a Director of Settlements to carry out survey and settlement
operations in respect of all lands to which this Act applies, to introduce ryotwari
settlement therein, and to carry out the functions and duties assigned to him
by or under this Act. The Director shall be subordinate to the Board of
Revenue. (1)
As soon as may be, after the publication of this Act in the Fort
St. George Gazette, the Government shall appoint one or more Settlement
Officers to carry out the functions and duties assigned to them by or under
this Act. (2)
Every Settlement Officer shall be subordinate to the Director and
shall be guided by such lawful instructions as he may issue from time to time
and the Director shall also have power, to cancel or revise any of the orders,
acts or proceedings of the Settlement Officer. (1)
As soon as may he, after the publication of this Act in the Fort
St. George Gazette, the Government may appoint one or more Assistant Settlement
Officers to carry out the functions and duties assigned to them by or under
this Act. (2)
Every Assistant Settlement Officer shall be subordinate to the
Settlement Officer and shall be guided by such lawful instructions as he may
issue from time to time, and the Settlement Officer shall also have power to
cancel or revise any of the orders, acts or proceedings of the Assistant
Settlement Officer. The Board of Revenue shall
have power--. (a)
to give effect to the provisions of this Act; (b)
to issue instructions for the guidance of the Director, District
Collectors, Settlement Officers and Assistant Settlement Officers. (1)
Subject to the provisions of section 3, every land in the
transferred territory shall, if such land has not been surveyed in accordance
with the provisions contained in the Madras Survey and Boundaries Act, 1923
(Madras Act VIII of 1923), be surveyed in accordance with the provisions of
that Act,. (2)
If any land has been already surveyed under the Act referred to in
sub-section (1), such land may be resurveyed and such re-survey may be limited
to what is necessary for the ryotwari settlement of that land. (3)
The cost of the survey or re-survey, except" so much thereof
as is payable by any person under the provisions of section 8 of the Madras
Survey and Boundaries Act, 1923 (Madras Act VIII of 1923), shall be borne by
the Government. (1)
Subject to the provisions of section 3, the Settlement Officer
shall, as soon as may be, after the publication of this Act in the Fort St.
George Gazette effect a ryotwari settlement of every land in the transferred
territory in accordance with a settlement notification framed and published by
the Government for the purpose. (2)
The said notification shall embody the principles adopted in
making ryotwari settlements in ryotwari areas in the rest of the State and
shall adopt-- (a)
the rates of assessment set out in the settlement or re-settlement
notification in force on such date and in such district as may be specified by
the Government; (b)
if more than one such notification is in force in that district,
the rates of assessment set out in one of those notifications which the
Government consider to be the most appropriate to the case. (3) All rates
of assessment imposed at a ryotwari settlement under this section shall be
liable to revision from time to time as laid down in the settlement
notification. (4)
Neither the settlement notification nor any order passed in
pursuance thereof shall be liable to be questioned in any court of law. (1) Every
landholder shall for the fasli year commencing on the 1st July 1964 and for
each subsequent fasli year be liable to pay to the Government in respect of his
laud, the assessment under the ryotwari settlement effected under this Act : Provided that nothing in
this sub-section shall.-- (a)
except to the extent of the liability to pay the assessment under
this sub-section, affect any rights or liabilities under any agreement, grant
or deed relating to any land; (b)
affect any rights which have accrued to the Government before the
date of the publication of this Act in the Fort St. George Gazette. (2)
The ryotwari assessment payable under sub-section (1) shall be
deemed to be public revenue due on land within the meaning of the Madras
Revenue Recovery Act, 1864 (Madras Act II of 1864), and shall be recoverable
under the provisions of that Act. (1)
Any amount of basic tax paid under the Travancore-Cochin Land Tax
Act, 1955 (Travancore-Cochin Act XV of 1955), by any landholder as due for the
fasli year commencing on the 1st July 1964, shall be adjusted towards the
amount of ryotwari assessment payable under this Act, and if the amount of
basic tax so paid is in excess of the amount of ryotwari assessment, such
excess shall on application by him to the prescribed authority be refunded to
him, or in the absence of such application, such excess shall be adjusted
towards the ryotwari assessment the from him for the subsequent fasli year or
years. (2)
If the amount of basic tax referred to in sub-section (1) is less
than the ryotwari assessment due from the landholder, he shall be liable to pay
to the Government the difference. (3)
An application under sub-section (1) shall be made within such
period and in such form as may be prescribed. Jenmikaram charged on and
payable in respect of any land under the Travancore Jenmi and Kudiyan Act of
1071 (Travancore Act V of 1071) shall continue to be paid to the jenmies in
addition to the ryotwari assessment thereon payable to the Government. Thiruppuvanam or melvaram
charged on and payable in respect" of any land shall continue to be paid
to those entitled to it as heretofore in addition to the ryotwari assessment
thereon payable to the Government. (1)
If any person disputes,-- (i)
his liability to pay the ryotwari assessment under this Act: or (ii)
the application in respect of his land, of a particular rate of
ryotwari assessment imposed at a ryotwari settlement under section 9, the Settlement
Officer shall decide such dispute. (2)
From every decision of the Settlement Officer under sub-section
(1), an appeal shall, within such time as may be prescribed, lie to the
Director. Explanation.-- Nothing in
this section shall be construed as conferring any right on any person to
dispute the rates of ryotwari assessment imposed at a ryotwari settlement under
section 9. (1)
The Board of Revenue may? (i)
on its own motion call for and examine the records of any
proceeding under this Act; or (ii)
on application made by any landholder in this behalf, call for and
examine the records of any proceeding under this Act [not being a proceeding in
respect of which an appeal lies to the Director under sub-section (2) of
section 14]. to
satisfy itself as to the regularity of such proceeding or the correctness,
legality or propriety of any decision or order passed therein, and if, in any
case, it appears to the Board of Revenue that any such decision or order should
he modified, annulled, reversed or remitted for re-consideration, it may pass
orders accordingly : Provided that the Board of
Revenue shall not pass any order under this section prejudicial to any party
unless he has had a reasonable opportunity of making his representation. (2)
The Board of Revenue may stay the execution of any such decision
or order pending the exercise of its powers under sub-section (1) in respect
thereof. (3)
Every application to the Board of Revenue for the exercise of its
powers under this section shall be preferred within the prescribed period. Provided that the Board of
Revenue may in its discretion allow further time not exceeding one month for
the filing of any such application if it is satisfied that the applicant had
sufficient cause for not preferring the application within the prescribed
period. In computing the period of
limitation prescribed for an appeal or revision against any decision or order
under this Act, the time required for obtaining the certified copy of the
decision or order shall be excluded. The Board of Revenue, the
Director, the Settlement Officer or the Assistant Settlement Officer may either
on its or his own motion or on the application of any person-- (a)
if it or he is satisfied that a bona fide mistake has been made in
regard to any decision or proceeding under this Act, make or cause to be made
the necessary correction therein; (b)
at any time correct or cause to be corrected any clerical or
arithmetical mistake in any such decision or proceeding. The Board of Revenue, the
Director, the Settlement Officer, the Assistant Settlement Officer or any other
officer empowered under this Act shall, for the purposes of this Act have the
same powers as are vested in a Court under the Code of Civil Procedure, 1908
(Central Act V of 1908) when trying a suit in respect of the following matters,
namely :-- (a)
enforcing the attendance of any person and examining him on oath; (b)
requiring the discovery and production of document; (c)
receiving evidence on affidavit; (d)
issuing commissions for the examination of witnesses; and any proceeding before
the Board of Revenue, the Director, the Settlement Officer, the Assistant
Settlement Officer or any other officer empowered under this Act shall be
deemed to be a judicial proceeding within the meaning of sections 193 and 228,
and for the purposes of section 196, of the Indian Penal Code (Central Act XLV
of 1860). The Government may issue
such orders and directions of a general character, as they may consider
necessary in respect of any matter relating to the powers and duties of the
Board of Revenue, the Director, the Settlement Officers and the Assistant
Settlement Officers. The authority or officer referred to above shall give
effect to all such orders and directions. The Government may, by
notification, direct that any power or function exercisable by the Settlement
Officer under this Act or the rules made thereunder shall, in relation to such
matters and subject to such conditions as may be specified in such
notification, be exercisable also by the Assistant Settlement Officer or such
other officer subordinate to the Government as may be specified in such
notification. (1)
No suit shall lie in any civil court to set aside or modify any
ryotwari assessment made under this Act. (2)
Except as otherwise provided in this Act, the decision of any
authority or officer under this Act shall be final and no civil court shall
have jurisdiction to decide or deal with any question which by or under this
Act is required to be decided or dealt with by the authorities or officers
under this Act. No suit, prosecution or
other legal proceeding shall lie against the Government, the Board of Revenue,
the Director, the Settlement Officer, the Assistant Settlement Officer or any
other officer empowered under this Act for anything which is in good faith done
or intended to be done in pursuance of this Act of any rule or order made
thereunder. The Board of Revenue, the
Director, the Settlement Officer, the Assistant Settlement Officer or any of
the subordinates of such officers may enter upon any land with such other
officers and persons as it or he considers necessary and make a survey and take
measurements thereof" or do any other act which it or he considers
necessary for carrying out the purposes of this Act. (1)
The Government may make rules to carry out the purposes of this
Act. (2)
In particular and without prejudice to the generality of the
foregoing power, 'such rules may provide for? (a)
all matters expressly required or allowed by this Act to be prescribed; (b)
the form of appeal and application for revision under this Act; (c)
the procedure to be followed by the Board of Revenue, the
Director, the Settlement Officer and the Assistant Settlement Officer when
exercising the powers under this Act; (d)
the fees payable in respect of applications and appeals under this
Act; (e)
determining the kist or instalments in which the ryotwari
assessment is payable and the dates on which such kist or instalments shall be
due. If any difficulty arises in
giving effect to the provisions of this Act, the Government may, as occasion
may require, by order do anything which appears to them necessary for the
purpose of removing the difficulty. (1)
All rules made under this Act and all orders made under section 25
shall be published in the Fort St. George Gazette and, unless they are
expressed to come into force on a particular day, shall come into force on the
day on which they are so published. (2)
Every rule made under this Act and every order made under section
25 shall, as soon as possible after it is made, be placed on the table of both
Houses of the Legislature, and if, before the expiry of the session in which it
is so placed or the next session, both Houses agree in making any modification
in any such rule or order or both Houses agree that the rule or order should
not be made, the rule or order shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or order. The Travancore-Cochin Land
Tax Act, 1955 (Travancore-Cochin Act XT of 1955) is hereby repealed. (1)
This section shall come into force on such date as the Government
may, by notification, appoint. (2)
The Madras Irrigation Cess Act, 1865 (Madras Act VII of 1865), the
Madras Irrigation (Voluntary Cess) Act, 1942 (Madras Act XIII of 1942), the
Madras Irrigation Works (Repairs, Improvement and Construction) Act, 1943 (Madras
Act XVIII of 1943), the Madras Irrigation Tanks (Improvement) Act, 1949 (Madras
Act XIX of 1949) and the Madras Irrigation (Levy of Betterment Contribution)
Act, 1955 (Madras Act III of 1955) as in force immediately before the date of
the commencement of this section (hereinafter in this section referred to as
the said law) are hereby extended to, and shall be in force in, the transferred
territory. (3)
The Irrigation Act of 1072 (Travancore Act III of 1072), the
Travancore-Cochin Irrigation Tanks (Preservation and Improvement) Act, 1952
(Travancore-Cochin Act XXIII of 1952), the Travancore-Cochin Irrigation Act,
1956 (President's Act VII of 1956) and any other law corresponding to the said
law, in force in the transferred territory immediately before the date of the
commencement of this section shall stand repealed on the date of such
commencement. (4)
The repeal by sub-section (3), of any Act or law referred to
therein shall not affect? (a)
the previous operation of any such Act or law" or anything
duly done or suffered thereunder; or (b)
any right, privilege, obligation or liability acquired, accrued or
incurred under any such Act or law; or (c)
any fine, penalty, forfeiture or punishment incurred in respect of
any offence committed against any such Act or law; or (d)
any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, fine, penalty, forfeiture, or
punishment as aforesaid; and any such investigation,
legal proceeding or remedy may be instituted, continued or enforced and any
such fine, penalty, forfeiture or punishment may be imposed as if this section
had not been in force. (5) Subject
to the provisions of sub-section (4), anything done, or any action taken,
including any appointment made, notification, order, instruction or direction
issued, or any rule or form framed under any such Act or law shall be deemed to
have been done or taken under the said law corresponding thereto and shall
continue to have effect accordingly, unless and until superseded by anything
done or any action taken under the said law. (6) For the
purpose of facilitating the application of the said law in the transferred
territory, any court or other authority may construe the said law with such
alterations not affecting the substance as may be necessary or proper to adapt
it to the matter before the court or other authority. (7) Any
reference in the said law to a law which is not in force in the transferred
territory shall, in relation to that territory, be construed as a reference to
the corresponding law, if any, in force in that territory. (8) Any
reference in any law which continues to be in force in the transferred
territory after the date of the commencement of this section, to any Act or
law, repealed by sub-section (3) shall, in relation to that territory, be
construed as a reference to the said law corresponding thereto. (9)
(a) If any difficulty arises in giving effect to the provisions of
the said law as extended to the transferred territory by this Act, the
Government may, as occasion may require, by order do anything which appears to
them necessary for the purpose of removing the difficulty. (b) All orders made under
clause (a) shall be published in the Fort St. George Gazette and, unless they
are expressed to come into force on a particular day, shall come into force on
the day on which they are so published. (c) Every order made under
clause (a) shall as soon as possible, after it is made, be placed on the table
of both Houses of the Legislature, and if, before the expiry of the session in
which it is so placed or the next session, both Houses agree in making any
modification in any such order or both Houses agree that the order should not
be made, the order shall thereafter have effect only in such modified form or
be of no effect, as the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that order.
Preamble - MADRAS (TRANSFERRED TERRITORY) RYOTWARI SETTLEMENT ACT,
1964PREAMBLE