[25th
October, 1947] An Act to prohibit the
alienation of communal, forest and private lands in estates in the [3][State
of Tamil Nadu]. WHEREAS it is necessary to
prevent the indiscriminate alienation of communal, forest and private lands in
estates in the [4][State
of Tamil Nadu] pending the enactment of legislation for acquiring the interests
of landholders in such estates and introducing the ryotwari settlement therein;
It is hereby enacted as follows:- (1)
This Act may be called the [5][Tamil
Nadu] Estates Communal, Forest and Private Lands (Prohibition of Alienation)
Act, 1947. (2)
It extends to all estates in the [6][State
of Tamil Nadu] governed by the 4[Tamil Nadu] Estates Land Act, 1908. 4[Tamil
Nadu] Act I of 1908. (3)
It shall come into force at once. In this Act, unless there is
anything repugnant in the subject or context- (a)
“estate”, “landholder”, “private land” and
“ryoti land” shall have the same respective meanings as in the [7][Tamil
Nadu] Estates Land Act, 1908, [8][Tamil
Nadu Act I of 1908] and “communal land” means any land of the description
mentioned in section 3, clause (16), sub-clause (a) or sub-clause (b), of that
Act; (b)
“forest land” includes any waste land
containing trees and shrubs, pasture land and any other class of land declared
by the [9][State]
Government to be forest land by notification in the Fort St. George Gazette; (c)
“impartible estate” means any estate included
in the Schedule to the [10][Tamil
Nadu] Impartible Estates Act, 1904, [11]([Tamil
Nadu] Act II of 1904) or subsequently declared to be an impartible estate
within the meaning of that Act, by an Act of the Legislature. (1)
Notwithstanding anything contained in any
other law for the time being in force, no landholder shall sell, mortgage,
convert into ryoti land, lease or otherwise assign or alienate- (a)
any communal or forest land in his estate
without the previous sanction of the District Collector, on or after the date
on which the Madras Estates Communal, Forest and Private Lands (Prohibition of
Alienation) Ordinance, 1947 (Madras Ordinance II of 1947), came into force,
namely, the 27th day of June, 1947, or (b)
any private land in an impartible estate
notified by the 8[State] Government in the Fort St. George Gazette, in
pursuance of this clause or the corresponding clause in the Ordinance
aforesaid, on or after the date on which the estate was so notified: Provided that private land
in an impartible estate so notified may be leased for a period not exceeding
two years. (2)
Any landholder who has contravened or contravenes
the provisions of sub-section (1) and any agent of the landholder who has
abetted or abets such contravention shall be punishable with imprisonment which
may extend to two years, or with fine which may extend to five thousand rupees,
or with both. (1)
Any transaction of the nature prohibited by
section 3 which took place, in the case of any communal or forest land, on or
after the 31st day of October, 1939, and in the case of any private land in a
notified estate, on or after the 1st day of November, 1945, shall be void and
inoperative and shall not confer or take away, or be deemed to have conferred
or taken away, any right whatever on or from any party to the transaction: Provided that nothing
contained in this sub-section shall be deemed to invalidate- (i)
any such transaction in respect of any forest
land entered into before the 27th day of June, 1947, in favour of any
religious, charitable or educational institution, or of any hospital, or of any
9local board, municipal council or co-operative society registered or deemed to
be registered under the Madras Co-operative Societies Act, 1932, [12](Madras
Act VI of 1932) or of any other public body or institution; (ii)
any such transaction in respect of any
private land entered into before the date on which the impartible estate in
which the land is situated is notified as specified in section 3(1)(b), in
favour of any religious, charitable or educational institution, or of any
hospital, or of any [13][local
board, municipal council or co-operative society registered or deemed to be
registered under the Madras Co-operative Societies Act, 1932][14],
(Madras Act VI of 1932) or of any other public body or institution; (iii)
any such transaction in respect of any forest
or private land not exceeding twenty acres in extent, entered into, in the case
of forest land, before the 27th day of June, 1947, and in the case of private
land, before the date on which the impartible estate in which the land is
situated is notified as aforesaid; (iv)
any such transaction in respect of any forest
or private land exceeding twenty acres in extent, entered into before the
respective dates specified in clause (iii), up to a limit of twenty acres
chosen by the assignee or alienee, the choice being limited as far as possible
to contiguous land; (v)
any such transaction in respect of any forest
or private land entered into before the respective dates specified in clause
(iii), in favour of an assignee or alienee in good faith and for valuable
consideration. (2)
Any choice made under clause (iv) of the
proviso to sub-section (1) shall be communicated to the Collector of the
district or such officer as may be authorized by him, in the case of forest
land within three months from the date on which this Act comes into force and
in the case of private land, within three months from that date or from the
date on which the impartible estate is notified as aforesaid, whichever is
later. (3)
If any dispute arises as to the validity of
the claim of any person to any land under clauses (i) to (v) of the proviso to
sub-section (1), it shall be open to such person or to any other person
interested in the transaction or to the [15][State]
Government, to apply to the District Judge of the district in which the land is
situated, for a decision as to the validity of stich claim. (4)
The District Judge to whom an application is
made under sub-section (3) shall, after giving notice to all the other persons
concerned in the transaction or interested in the land and also, where the application
is not made by the [16][State]
Government, to the [17][State]
Government, decide whether the claim to the land is valid or not; and his
decision shall be final. (5)
The [18][State]
Government may, by notification in the Fort St. George Gazette, make rules for
the purpose of carrying the provisions of this section into effect, and in
particular as to the fees to be paid in respect of the applications referred to
in sub-section (3), and the procedure of the District Judge. Notwithstanding anything
contained in section 32 of the Code of Criminal Procedure, 1898[19],
(Central Act V of 1898) it shall be lawful for any Magistrate of the first
class [20]specially
empowered by the [21][State]
Government in this behalf to impose a sentence of fine exceeding one thousand
rupees for any offence under section 3. No prosecution shall be
instituted under this Act against any person without the previous sanction of
the District Collector. No notification or order of
the [22][State]
Government or of the District Collector under this Act shall be liable to be
questioned in any Court of Law. [23][***] If any difficulty arises in
giving effect to the provisions of this Act, the [24][State]
Government may, as occasion may arise, by order do anything which appears to
them necessary for the purpose of removing the difficulty. [1] Tamil Nadu Estates
Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1947][1] [2] Received the assent
of the Governor-General on the 25th October, 1947; first published in the Fort
St. George Gazette Extraordinary on the 25th October, 1947. [3] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1970, which was deemed to have come into force on the 14th
January, 1969. [4] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January, 1969. [5] 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 Amendment) Order,
1969. [6] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [7] 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 Amendment) Order,
1969. [8] 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 Amendment) Order,
1969. [9] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [10] 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 Amendment) Order,
1969. [11] 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 Amendment) Order,
1969. [12] See now the Tamil
Nadu Co-operative societies Act, 1961 (Tamil Nadu Act 53 of 1961). [13] See now the Tamil
Nadu Co-operative societies Act, 1961 (Tamil Nadu Act 53 of 1961). [14] See now the Tamil
Nadu Co-operative societies Act, 1961 (Tamil Nadu Act 53 of 1961). [15] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [16] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [17] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [18] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [19] See now the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), section 29. [20] According to clause
(a) of sub-section (3) of section 3 of the Code of Criminal procedure, 1973
(Central Act 2 of 1974), which came into force on the 1st April, 1974, any
reference to a Magistrate of the first class shall be construed as a reference
to a Judicial Magistrate of the first class. [21] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [22] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [23] This section was
repealed by section 2 of, and the First Schedule to the Tamil Nadu Repealing
and Amending Act, 1952 (Tamil Nadu Act XI of 1952). [24] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950.[1][Tamil Nadu Estates Communal, Forest and Private Lands
(Prohibition of Alienation) Act, 1947][2]
[Tamil Nadu Act 14 of 1947]