[1][Tamil Nadu (Transferred Territory) Ryotwari Settlement Act, 1964][2]

[3][Tamil Nadu Act 30 of 1964][4]

[18th November, 1964]

An Act to provide for the survey and ryotwari settlement of lanas in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.

BE it enacted by the Legislature of the [5][State of Tamil Nadu] in the Fifteenth Year of the Republic of India as follows:-

Section 1. Short title and extent.-

(1)     This Act may be called the Tamil Nadu] (Transferred Territory) Ryotwari Settlement Act, 1964.

(2)     It extends to the whole of the transferred territory.

 

Section 2. Definitions.-

In this Act, unless the context otherwise requires-

(a)      “Assistant Settlement Officer” means an Assistant Settlement Officer apprised 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)      [6][“jenmikaram” means jenraikaram as defined in the Travancore Jenmi and Kudivan Act of 1071 (Travancore Act 5 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,

(3)     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)       [7][“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

Section 3. Act not to apply to certain lands.-

Nothing in this Act shall apply to-

(i)       inam lands;

(ii)      Sreepandaravaka lands belonging to the Sree Padmahabhaswami Temple at Trivandrum;

(iii)     Sreepadam lands belonging to the Sreepadam palace.

Section 4. Appointment and functions of the Director of Settlements.-

As soon as may be after the publicity of this Act in the Fort St. George Gazette][8], 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 8Board of Revenue.

Section 5. Appointment and functions of the Settlement Officer.-

(1)     As soon as may be after the publication of this Act in the Fort St. George Gazette][9], 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.

Section 6. Appointment and functions of Assistant Settlement Officer.-

(1)     As soon as may be, after the publication of this Act in the Fort St. George Gazette][10], 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.

Section 7. Powers of control of the 11Board of Revenue.-

The [11][Board of Revenue snail 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.

Section 8. Survey of lands.-

(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 [12][Tamil Nadu] Survey and Boundaries Act, 1923 ([13][Tamil Nadu] Act 8 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 re-surveyed 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 [14][Tamil Nadu] Survey and Boundaries Act, 1923 ([15][Tamil Nadu] Act 8 of 1923), shall be borne by the Government.

Section 9. Manner of effecting ryotwari settlement.-

(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[16] 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 ??? in pursuance thereof shall be liable to be questioned it any court of law.

Section 10. Landholder's liability to pay land revenue to Government.-

(1)     Every landholder shall for the fasli year ??? on the 1st July, 1964 and for each subsequent ??? year be liable to pay to the Government in respect this land, the assessment under the ryotwari settlement ??? under this Act:

Provided that nothing in this sub-section shall-

(c)      except to the extent of the liability to pay the ??? under this sub-section, affect any rights or ??? under any agreement, grant or deed relating to ??? land;

(d)      affect any rights which have accrued to the Government before the date of the publication of this Act the Fort St. George Gazette[17].

(2)     The ryotwari assessment payable under sub-section (1) shall be deemed to be public revenue due on ??? within the meaning of the [18][Tamil Nadu] Revenue ??? Act, 1864 of ([19][Tamil Nadu] Act 2 of 1864), and Bill be recoverable under the provisions of that Act.

Section 11. Adjustment of basic tax paid.-

(1)     Any amount of basic tax paid under the Travancore-Cochin Land Tax Act, 1955 (Travancore ??? Act 15 of 1955), by any landholder as due for the in year commencing on the 1st July, 1964, shall be ??? towards the amount of ryotwari assessment table under this Act, and if the amount of basic tax so ??? is in excess of the amount of ryotwari assessment, such piss shall on application by him to the prescribed ??? be refunded to him, or in the absence of such application, such excess shall be adjusted towards the ryotwari ??? due 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 land holder, he shall be liable to pay to the Government the ???.

(3)     An application under sub-section (1) shall be made within such period and in such form as may be prescribed.

[20][Section 12. Jenmikaram to be payable.-

Jenmikram charged on and payable in respect of any land muter the Travancore Jenmi and Kudiyan Act of 1071 (Travancore Act 5 of 1071) shall continue to be paid to the jenmies in addition to the ryotwari assessment thereon payable to the Government.]

Section 13. Thiruppuvaram to be payable.-

[21][Thiruppuvaram or [22][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.

Section 14. Decision of certain disputes.-

(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, ??? to the Director.

Explanation.-Nothing in this section shall be construed as conferring any right of any person to dispute the rates of ryotwari assessment imposed at a ryotwari settlement under Section 9.

Section 15. Power of revision by [23][Board of Revenue.-

(1)     The [24][Board of Revenue may-

(i)       on its own motion call for and examine the Cords of any proceeding under this Act; or

(ii)      on application made by any land holder in this naif, call for and examine the records of any proceeding ??? this Act [not being a proceeding in respect of which appeal lies to the Director under sub-section (2) of Section 14], ??? satisfy itself as to the regularity of such proceeding or ??? correctness, legality or propriety of any decision or ??? passed therein, and if, in any case, it appears to the pard of Revenue that any such decision or order should ??? annulled, reversed or remitted for ??? it may pass orders accordingly:

Provided that the [25]Board of Revenue shall not ??? any order under this section prejudicial to any party less he has had a reasonable opportunity of making his assentation.

(2)     The [26]Board of Revenue may stay the execution of ??? such decision or order pending the exercise of its ??? under sub-section (1) in respect thereof.

(3)     Every application to the [27]Board of Revenue for exercise of its powers under this section shall be ??? within the prescribed period:

Provided that the [28]Board of Revenue may in its action allow further time not exceeding one month for ??? of any such application if it is satisfied that the not had sufficient cause for not preferring the ??? within the prescribed period.

Section 16. Computation of period of limitation.-

In computing the period of limitation prescribed in appeal or revision against any decision or order ??? Act, the time required for obtaining the certified ??? the decision or order shall be excluded.

Section 17. Power of [29][Board of Revenue, Director Settlement officer and Assistant Settlement Officer to rectify bona fide mistakes and clerical errors.-

The [30][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.

Section 18. Power to take evidence on oath, etc.-

The [31][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 (Act 5 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 documents;

(c)      receiving evidence on affidavit;

(d)      issuing commissions for the examination of witnesses;

and any proceeding before the [32][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 (Act 45 of 1860).

Section 19. Power of Government to issue orders and directions.-

The Government may issue such orders and directions of a general character, as they may consider necessary in respect of any matter renting to the powers and duties of the [33]Board of Revenue, the Director, the Settlement ??? and the Assistant Settlement Officers. The ??? or officer referred to above shall give ??? such orders and directions.

Section 20. Delegation of powers.-

The Government may, by notification, direct that ??? power or function exercisable by the Settlement Officer ??? this Act or the rules made thereunder shall, in ??? to such matters and subject to such conditions may be specified in such notification, be exercisable ??? by the Assistant Settlement Officer or such other ??? subordinate to the Government as may be specified such notification.

Section 21. Bar of suits in civil courts.-

(1)     No suit shall lie in any civil court to set aside 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 if and no civil court shall have jurisdiction to decide deal with any question which by or under this Act squired to be decided or dealt with by the authorities year under this Act.

Section 22. Indemnity.-

No suit, prosecution or other legal proceeding ??? lie against the Government, the [34][Board of Revenue, ??? Director, the Settlement Officer, the Assistant Settle it Officer or any other officer empowered under this for anything which is in good faith done or intended ??? done in pursuance of this Act or any rule or order ??? thereunder.

Section 23. Power to enter upon land.-

The [35][Board of Revenue, the Director, the Settlement Officer, the Assistant Settlement Officer or any of subordinates of such officers may enter upon any ??? with such other officers and persons as it or he considers ??? and make a survey and take measure is thereof or do any other act which it or he considers ??? for carrying out the purposes of this Act.

Section 24. Power to make rules.-

(1)     The Government may make rules to carry out purpose 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 it 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 [36][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.

Section 25. Power to remove difficulties.-

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.

Section 26. Rules and orders to be placed before the Legislature.-

(1)     All rules made under this Act and all orders made under Section 25 shall be published in the Fort St. George Gazette[37] 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 or the table of both Houses of the Legislature, and if, before the ??? of ??? session in which it is so placed or the next session, both Houses agree in making any ??? 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.

Section 27. Repeal of Travancore-Cochin Act 15 of 1955.-

The Travancore-Cochin Land Tax Act, 1955 (Travancore-Cochin Act 15 of 1955) is hereby repealed.

Section 28. Extension of certain irrigation laws to the transferred irrigation repeals and savings.-

(1)     This section shall come into force on such date as the Government may, by notification, appoint.

(2)     The [38][Tamil Nadu] Irrigation Cess Act, 1865 ([39][Tamil Nadu] Act 7 of 1865), the [40][Tamil Nadu] Irrigation (Voluntary Cess) Act, 1942 ([41][Tamil Nadu] Act 13 of 1942), the [42][Tamil Nadu] Irrigation Works (Repairs, Improvement and Construction) Act, 1943. Tamil Nadu Act 18 of 1943), the [43][Tamil Nadu] Irrigation Tanks (Improvement) Act, 1949 ([44][Tamil Nadu] Act 19 of 1949) and the [45][Tamil Nadu] Irrigation (Levy of Betterment Contribution) Act, 1955 [46][Tamil Nadu] Act 3 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 ??? extended to, and shall be in force in, the transferred ???.

(3)     The Irrigation Act of 1072 (Travancore Act 3 of 1072), the Travancore-Cochin Irrigation Tanks (Preservation and Improvement) Act, 1952 (Travancore-Cochin Act 23 of 1952), the Travancore-Cochin Irrigation Act, 1956 (President's Act 7 of 1956) and any other ??? corresponding to the said law, in force in ??? territory immediately before the date of the ??? of this section shall stand repealed on the date of much commencement.

(4)     The repeal by sub-section (3), of any Act or law preferred to therein shall ??? 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, natty, 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 ??? 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 ??? in the [47][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.