LexThe Thiruppuvaram Payment (Abolition)m Act 1969 (No.19 of 1969)
Kerala · state statute
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THE TIIIRUPPUVARAM PAYMENT (ABOLifiON)
ACT, 1969
Preamble.
Sections
(Act 19 of 1969)
CONTENTS
CHAPTER I
Preliminary
I. Short t1tle, extent and commencement.
2. Defimtions.
CHAPTER II
Abolition of Thiruppuvaram
3. Tlllruppuv<~ram to be abol1shed.
4. C'ompemation to certam religious or charitable mstitiHions of
publ1c nature.
5. Serv1ce Th1ruppuh )lders.
G. Scale of compemation to Th ruppuholoe. not governed by
section 4.
CHAPfER III
Inquiry into claims relating to Thiruppuvaram
7 Compensation officers.
8. lnqu1ry mto fh1ruppuvaram clatms.
9. Lapse of Tluruppuvar.:~m m certam ca~e>.
10. 'l1me for preference of clatm.
C:JIAPTER IV
Determination and payment of compensation
II. DetermmatJon of annutty and compensat1::>n.
12. Compensation to ce paid 111 cash or m bonds.
13 CommutatiOn 1ate of pat:dy and other commodities.
14 Pavment of comp~nsatwn.
I 1. Appeal from crders under sectiOn 14.
16 Unclann<>d an 1 undJsbuJsed amounts h::>w to be dfalt w1th.
17 \V1 Jll~ 1 ncl excess payments to !Je recoverable as arre.:~1 s o(
publ1<.. r cvenue.
18. Intf'J an compensatiOn to be paid 111 ca~e of delay 111 paym1·nt
of f'ornr-e sat10n
CTIAPTfR \
Recovery from Landholders of compensation paid to
Thiruppu holders
19. Landholder luble to pay compensation
20. CompensatiOn n·co\'etabk tn twdv<> mstalrnents.
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21. Compensrtion how to be paid.
22. Board of Revenue may condone default.
23. CompensatiOn recoverable under Revenue Recovery Act.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
CHAPTER vi
Miscellaneous
Powers of Central Board of Revenue.
Arrear~ of Thir uppuvar am.
Communicatwn ol deciswns or orders against whtch appeal or
reviswn hes.
L1mitatwn.
Fmality of orders.
J urisdrct•on of courts bar red in certain cases.
Compensation officer tu be pubhc servant.
Power~ of Board of Revenue, etc., to summon and examrne
wrtnesses.
Payment of compensation to be discharge of liability to pay
Thiruppuvaram.
Power to make rules.
Amendment of Land Tax Act, 1961.
THE THIRUPPUVARAM PAVMENT (ABOLITION)
ACT, 19b9*
(Act 19 of 196'1)
An Act to provide for the extinguishment of the right to
1eceive, and the liability to pay, Thiruppuvaram
Preamble.-WHERE-\S it r~ ne<.e~sary in the public interest to
ptovide for the extrngu•\hment of the rr~llt to 1ecerve, and the liability
to pay, Thituppuvaram,
BE tt enacted m the ~meteenth Year of the Re_~:ublic of India as
follows.-
CHAPTER I
Preliminary
I Short title, extent and commencement.-( l) This Act
may be called the Thuuppuvaram ~'-J11Cilt (Abohtwn) Act, 1969.
(2) It extends to those terrrtones ol'We State of Kerala wh1ch,
before the 1st day or .Julv, 1949, \\'PIC compri~ed 10 the State of
TtavancOie.
(3) It shall come mto fmre on such date as the Government
may, by notificatiOn in the Gazette, appornt.
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*Pnhl"hcd m the liatl'tte i:xtlaotdma• )'No 98, dated 9th Apnl, 19G9,
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2. Definitions.- In this Act, unless the context otherwise
reqmres,-
(a) "appointed day" means the day on which till~ Act comes
into force;
(b) "compematJOn officer" means an officer appointed under
section 7;
(c) "landholder" means any person b,tble t0 pay Thnupptt•
\',tram m respect of any land;
(d) "prescnbed" meam pres.:JJbed by tules made under tlus
Act· l
(e) "Th1ruppuholder" means a person entitled to recei\'e
ThiruppU\aram Immediately befo1e the appomted day;
(f) "Thiruppuva:am" means an asstgnment of the whole or a
~pec,hc p01tron of the revenuC' payable to the Government by the hol':ler
of a spc~1fieJ Lll\d 1n f.wour of a person cnlled the IIHruppuholdet in
beu of any payment wh1ch the Goverument were unde1 an obhgation
to make tu such person and entered ..1s Tlmuppuvaram in the revenue
accounts and include~ sums payable to the Th1ruppuholder d1rectly hy
the Government cor.sequent on-
(i) the om1ssion to enter m the Land Revenue Settlement
Register of 1386 IV1 E. the asqe-nment in favour of a Thit up~luholdet
of the \.,liole or a p01 t10n of the land revenue payable by a landholder
to the Government, or
(u) the b.nd revenue fixed as payable by a landholder at the
Land Revenue Settlement of I 086 M.E. bcmg less than the Thit uppu·
varam assrgncd l efotc: rLat settlement Ill favour of a Thtruppuholder
out of the land revenue payable by that landholder.
Explanation -For the putposes of this clause, "revenue
accounts" means the approved pnt.ib.wdJ accounts and !llcludc~ the
settlement register.
Cl-1 "PTER I I
Abolition of Thiruppuvaram
3. Thicuppuvararn to be abolished.-(!) On and after the
appolllted d.J. y, net\\ rthstandn g an) thwg ccntamed tn any law for the
time belll~ i 1 force, or in a'lv jw:l~ment, decree or order of <tny cot•t t,
or 111 any contract or other dcrument Jot the time bemg in force,-
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(a) the Th1ntppuholdC't slull not have the 1 ight to recetvP A-
payment of Tit it uppll varam,
(b) th'! land !to! t>r shallltave no lidbliity to pay any Thrt up•
puvaram to the Th,rurlmholder;
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(c) the Government shall have no liahilitv to pay any
Thiruppuvaram to the Thiruppuholder, whether ~uch Thiruppuvaram
was an a~s•gnment of revenue made m lieu of any payment which the
Government were under an obligation to make or whether it \.,a:l pa)·
able directly by the Government,
and the right to Ieceive payment of, and the liability to pay,
Thiruppuvaram shall stand extmguished.
(2) Every Thiruppuholder whose right to receive payment of
Thiruppuvara 11 has been extmgu ished under sub-sectiOn (I) shall be
entitled to receive and be paid compematiOn as provided lll this Act.
4. Compensation to certain religious or charitable insti
tutions of a public nature.-( I) Whe1e a Thiruppuholder who3e
light to teceive payment of Thiruppuvaram has been extingUI~hed
is, at tht> commencement of thi~ Act, a religiou~ or charitable
institution ol a public nature establi~hed and maintained by a
religiom denommation or any section thereof, the Government
shall, by way of compensation, p 'Y to the institution every
year an amount equal to the Tluruppuvaram payable annually to the
institution after. deductmg five percentum thereof by way of collectiOn
charges :
Provided that no such deduction shall be made in case~ where the
liability to ply Thiruppuvaram wa~ on the Government.
(2) I I any question ames as to whethet an mstitution is a reli
gious or charttabiG mstitut1on of a public nature establ1~hed and
maintamed by a rehgi0U'> denominati·Jil or any sectiOn thereof, It shall
be decided by such authority as may be prescribed.
(3) Any per~on aggneved by a decision of the prescribed authc
I i ty under sub-~eetwn (2) may, \'v ithin th11 ty days from the date of the
decision, prefer an appeal to the DI3trict Collector, and the Di,tnc
Collector ~hall, alter givmg the appellant and the mstJtUtiOn where
It~~ not the appell.mt, a reasonable opportunity of being heard and
after making such further enquiry as may be pre,cnbed, pass ~uch
order on the apreal as he thmks fit.
(l) The payment referred to 111 sub-section (I) shall be made to
the m~t1tut1on so long a<, It exi~ts.
5. Service Thiruppuholders.-( I) The provisions of this section
~hall apply to a rh1ruppuholdei entitled to Thiruppuvaram immedia
tely before the appo111ted d 1y on condition of rendenng service to a
religious or chan table m~tltution of a publir.: nature established and
mamtained by a religiOus denomination or any ~ection thereof (hell'··
inafter referred to in this Act as the ~erv1ce- Thiruppuholder).
(2) For so long as the serv1cc-Tiuruppuholder renders the ~erv1rc,
the institutiOn ~hall pay to the service-Tiuruppuho!der the annuit}' paid
by the Government under section 4 in respect of that Thiruppuholder.
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(3) The prescribed officer, on a complaint made to him by the
institution or any person interested that the service-Thiruppuholder
has failed to render the service, may, after, such inquiry and after
such notice to the service-Thiruppuholder and the complainant a~ may
be prescribed, by order, declare-
(a) that the service-Thiruppuholder has failed to render the
service and that the annuity payable to the mstitut10n or part thereo,
in respect of that Thiruppuholder for the period subsequent to the
failure shall be the absolute property of the imtitution ; or
(b) that the service-Thiruppuholder has not failed to render
the service.
(4) Where a declaration ha~ been made under clause (a) of sub
section ( 3), the institution shall be at liberty to make such arrangement
as it thinks fit for the performance of the service.
( 5) Any person aggrieved by an order of the prescribed officer
under sul:.-sect10n (3) may, within thirty days from the date of the
order, prefer an appeal to the District Collector, and the Disttict
Collector shall, after givmg the ithtitution, the service-Thiruppuholder
and the appellant (where the institution or the service-Thiruppuholder
is not the appellant) a reasonable opportunity of bemg heard and after "(""
making such further enquiry as may be prescribed, pass such order on
the appeal as he thinks fit.
Explanation.-For the purposes of this sectwn,
(I) service~ Thiruppuholder includes his heirs;
( ti) non-performance of the service due to illness or other
temporary disability shall not bl" deemed to be failure to render service,
provided the service-Thiruppuholder makes alternative arrangements
for rendering the ~ervice durmg the period of ~uch illness or of other
temporary disabJ lity.
6. Scale of compensation to fhiruppuholder not governed
by section 4.-The Gover .rr.ent shall pay to every Th1ruppuholder
(other than a religious or charitable mstitution of a public nature
established and maintained by a rebgious denominatiOn or any se<.tion
thereof or a service• Thiruppuholder) whose nght to receive payment of
Thiruppuvaram has been extinguished, compensatiOn at twelve times the
amount ofThiruppuvaram payable annually to the Thiruppuholder.
(2) In comoutmg the compensation payable under sub-section( l),
five percentum of the annual Thiruppuvaram shall be deducted there
from for collection charges and the balance alone shall be multiplied by
twelve to constitute the compensation:
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Provided that no such deduction shall be made in cases where
the lhbil1ty to pay Th1ruppuvaram was on the Government.
(3) The amount of compensation payable under this section
shall be deemed to have accrued due from the date on which the
compensatiOn IS determmed under sub->ectwn (I) of section II, and
interest thereon shall be paya!)le at the rate of four percentum per
annum from that da.te till the date ot payment of compensatiOn m case
the amount of compensation 1s pa1d 111 ca~h, or t1ll the date of
redemptwn of the bond~ if compensatiOn 1s pa1d m Government bonds.
CHAPTER IJI
Inquiry into claims relating to Thiruppuvaram
7. Compensation officers.-The Government shall, by notifica
tion 111 the Gazette, appoint compemat10n officers for such areas as may
be specified in the nouficatwn to carry out the functions and duties
assigned to them by or under th1s Act.
(2) Every compemation officer shall be subordinate to the Board
of Revenue and shall be gu1ded by such lawful instructiOns as it may
issue from time to t1me.
8. Inquiry into Thir<.~ppuvaram claims.-( I) The com pen•
sat ion office1 shall, subject to the provmons of sub-sections (3) and ( 4),
mqune into the claims of any person entitled to Thiruppuvaram
immediately befme the appomted day and dec1de wh1ch claim should
be allowed or rejected or wh1ch claim st:~nds escheated or lapsed.
(2) When giving a decis1on unrler sub-3ection (I), the com
pensatwn officer shall have regard to the followmg matters, namely :-
(a) whether the cond1t1ons, if any, subject to which the g1 nt
of Tluruppuvaram was made are compl1ed with,
(b) whether the purpo~e, 1f any, for wh1ch such grant was
made, subs1~ts ;
(c) such other matter~ as may be prescribed.
(3) Befi>re holding an inqui1y under suc-~ectwn (1), the com
pematJon officer shall g1ve notice m the prescnbed manner to the
Tluruppuholder, to the landholder, to the Tahsdda1 of the taluk in
which the land IS situate and to such other persons a'> may be specified
111 the rule~ made by the Government 111 this behalf
(4) The compematwn officer shall also publish m the presclibed
manne1 m the village the notice referred to 111 suc•3ectwn (3) and after
givmg the parties who appear before h1m an opportunity to br heaHi
a'l:i to adduce their evidence, g1ve h1s deciSion.
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(5) Against a decision of the compensation officer under sub·
sectoin (4), the Government or any person aggrieved may, w1thm three
months from the date of the dec1sion, appeal to the Subordinate
Judge's Court having jurisdiction over the area, and the court may pa~s
such order on the appeal as it thinks fit.
(6) The District Coun fu.:y, for the purpose of satisfying itself
that an order made in any appeal decided by the Subordinate Judge's
Court under sub-sect1on (5) was according to law, call for the records
of the case and pass such order with respect thereto as it thmks fit.
9. Lapse of Thiruppuvaram in certain cases.-Where in any
case the grant of Thiruppuvaram is subject to any conditiOn or perfor·
mance of any Seivice and where at any time before the appointed day
'the grantee has failed to comply with such condition or has ceased
·to perf01 m such serv1ce, the Thi1 uppuvaram in such case <hall be deem·
ed to have lapsed with effect from the date of such failure to comply
with the cond1t10n or from the date of such cessation of service.
10. Time for preference of claim.-(!) Every Thiruppuholder
entitled to compensation under sub-sectiOn (2) of section 3 shall apply
to the compensation officer within one year f10m the appointed day for
determination of the compensation payable to him.
(2) Notwithstanding anything contained in sub-:;ectJOn (I), the
Government may suo motu direct the compensatiOn officer to deter·
mine the compen~ation payable to any Th1ruppuholder.
CHAPTER IV
Determination and payment of compensation
I!. Determination of annuity and compensation.- (I) The
compensation officer shall, by order in wdtmg, determme m respect
of each Thiruppuholder the annu1ty payable under section 4 or, as
the case may be, the cG~mpensation payable under section 6.
(2) Any Thiruppuholder 01 other person mterested may, withm
JUrh time as may be prescribed 01 such further t1me as the compensatwn
officer may, in his discretion allow, apply m writing to that officer for
a copy of the data on the basis of which he proposes to determme the
annuity or compensation payable.
(3) On receipt of an application under sub-section (2), the com
pensation officer shall furnish the data aforesaid to the applicant, and
he shall also, before passing any order under sub-section (I), give the
a pp!Jcant a reasonable opportunity of making his 1 epresentations m
regard thereto, in writing or orally.
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( 4) A copy of eve1 y orde1 passed under sub-section (I) shall be
cummunitated to the Thiruppuholder and to eve1 y applicant under
su 1::.-scctwn (2).
(5) The compensation officer may at any time either of his ~own
motiOn 01 on the application of any person, review an order passed by
him under sub-sectiOn (I) on any one or more of the followmg grounds,
namely:-
(a) that the smd order 1s v1t1ated by any clencal or m Jthmetical
mistake or c1ror apparent on the face of the record; or .
(b) that subsequent to the passmg of the said order, data for
the better calculatiOn of the annuity or compensation have become
available; or
(c) that the said order 1equires to be mod1fied in pursuance
of the final order of any competent auth01 ity 01 coUJ t
P1 Jvided that the compensation officer shall not cxet c1se the
power~ under tlus sub-section without giving the Thi1 uppuholder
conce1 ned dnd every applicant under th1s sub-section 01 sub· sec
t 1011 (2), a 1 easonablc opportumty of bemg heard.
(6) A copy of every order passed under sub-section ( 5) shall be
commumcated to the Board of Revenue and also to the Thiruppu·
holder concerned and to every applicant under sub-section (2) or sub
sectiOn ( 5) .
(7) Any person aggrieved by an order of the compensation
ofiicer unde1 sub-sectiOn (1) or sui::-section (5) may, within thirty days
from the date of the order, prefer an appeal to the District Collector
and the District Collector shall, after giving the appellant and the
Tluruppuholder where he IS not the appellant a reasonable opp.)l tmuty
of being heard and after making such further eng un y as rna y be
prescribed, pass such order on the appeal as he thinks fit.
(8) The Board of Revenue may, eithe1 of its own motion or on
appli~.ation by any person aggrieved by an order passed by the
D1stnct Collector under sub-section (7), call for and examine the record
of any proceeding 111 wh1ch such order has been passed for the purpose
of sat1sfymg itself as to the legality, regularity or propnety of such
order or p1 occcding and pass such order thereon as it thmks fit:
Prov1ded that the annuity or the compensatiOn, as the cas:: may
be, payable to a Th1ruppuholder shall not be altered by the Board of
Revenue without g1vmg h1m and every person who has made an appll·
cation under this sub-section 01 sub•sectwn (2), a reasonable opportu•
'mty of bemg heard.
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(9) The Board of Revenue shall not o: Its own motion call for
and examine the- rt"CO! d of any p10ceedll1g unde1 sur-sect 1011 (8) if
the mder to wh1ch the proceedmg 1elates has been made more than
one year previously.
(10) In the case of an applicatiOn under sul::·3ectwn (8) by any
pe1son agg•ievcd, the application shall be made w1thm thirty days of
the date of the order m question.
(II) The Board of Revenue may, on application made to It by
the compensation officer or by any other person in that behalf, rcv1ew
any order passed by it under sub-sectwn (8), 1f 1t is of the opmion
that the sa1d order 1s vitiated by an e110r m the deciSIOn on a pomt of
law or by a mistake- and may make such order on the applicatiOn as It
thinks fit:
Provided that no application for rev1ew ~hall be granted by the
Board of Revenue Without prev1ous notice to the Thiruppuholder and
to the applicant, to <.nable, them to appear and be heard ill support of
the order, a review of which IS applied for.
( 12) No order passed by the compcnsat1on officer unde1 sub
section (I) or sub-section (5) shall be liable to be cancelled or modi
fied except by the Dtstnct Collector or the Board of Revenue as
aforesaid.
12. Compensation to be paid in cash or in bonds.-The
compensation payable under ~ectwn 6 may be p-ud e1ther in cash or m
Government bonds carrymg mterest at the r.ttc of 4 percentum per
annum and redeemable after the expnation of s1x years from tl.e date
of issue of the bonds, or partly m cash and partly in such bonds, as
may be prescribed.
13. Commutation rate of paddy and other commodities.
( I) For the pm pose of calculatmg the annuli y 01 the compensation
payable under this Act, the paddy portwn of '11 uuppuvaram shall be
commuted mto money at the rate of Rs. 2·12 pe1 standard para.
Explanation.--For the purposes of this sub-sectiOn, "Handard
para" means a measure equivalent to 13· I I litres.
(2) Where Th1ruppuvaram is pa) able in any commodity othe1
than paddy, the commutatiOn rate of such commodity for the purpose
of calculatmg the annUJty 01 compensatiOn payable under th1s Act shall
be as specified in the Schedule.
14. Payment of compensation.-( 1) The amount of compensa
tiOn finally determined as payable to the Thmtppuholder (nnt bemg a
Iehg1ous 01 chantablc mstltutJon of a publ1c natwe established and
mamtamed by a religious denommation or any sectiOn thereof, or a
io3
se1 vice-Thiruppuholder) and the mtcrim payments under section 18
shall on apphcat1on by the Thiruppuholdcr concerned to such authority
ll.tld ~~irhin mch pwod a~ may IJG pr~~~r!bed, be pa1d to him.
(2) In disposing of an apphcation under sub-section (I), the
presc1 ibed authority shall follow such procedure as may be prescribed.
(3) Where 1t is alleged that the intere~t of the Thiruppuholder
entitled to receive payment of compensatiOn has devolved on any other
person or pe1sons, whethe1 by act of part1es or by operation of law, the
prescnbed authonty shall determmc whether there has been any devo
lution of the mterest, and 1f so, on whom it has devolved, and the
amount of compensatiOn shall be paid to the per5ons 0:1 whom such
111 te1 est has devolved.
15. Appeal from orders under section 14.-(1) Any per~on
aggt1eved by the dec1sion of the prescribed authority under ~ectJon 14
may, w1thin three months from the date of the deci~ion, appeal to the
Submdmate Judge\ Coutt and the court may pas~ ~uch o1der on the
appeal as 1t thmks fit.
(2) The D1~t11ct Court rna y, for the purpose of ~ati~fying itself
that an order made many appeal decided by the Subordmate Judge's
Court under sub-sect1on (I) was accordmg to law, call for the records
of the case and pass such order With respect thereto as it thinks fit.
16. Unclaimed and undisbursed amounts how to be dealt
with.--( l) All amounts 1 emaining unpa1d and with reference to which
no application for payment ha~ been made within the period prescribed
under sectiOn 14 shall be dcpos1ted in the Subordmate Judge's Court
havmg Jurisdiction.
(2) All amounts 1 emaining unpaid after the expiry of a perwd
of Sill. months from the date of disposal of the application under sec•
hon 14 or from the date ot the dcc1~ion on appeal or revision under
sectiOn 15 shall be depos1ted in the Subordinate Judge's Court having
ju1 isd!chon, in the name of the person or persons in whose favour an
order for payment has been made, by the prescribed authority or ~he
Subordmate Judge's Court or the Distnct Court, as the case may be.
(3) All amounts deposited m the Subordinate Judge's Court
under ~ub-scctwn ( l) or sub·sectwn (2) ~hall be dealt w1th by that
court m accordance with such rules as may be made by the Govern
ment in th1~ behalf.
(4) Every per5on making a claim to, or enforceable against,
any amount held j., deposit under sub-sectiOn ( 1) or ~ub-sect10n (2) shall
apply to the Subordmate Judge's CoUJl in the prescnbed form setting
forth his claim.
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(5) The Subordinate Judge\ Court '>hall, afrcr g1vmg notice to
all persom who have applied under ~ub-,ectiOn (1) and to any other~
whom it considers to be mtere~ted, make mqu1ry mto the validity of
the claims 1 ece1ved by it and detePnine the pc1 som who a1 e entitled
to the amount held m dcpo~it and the amount to which each of them
~~ entitled.
17. Wrong- and excess payments to be recoverable as
arrears of public revenue.-- VY here any payment made to any person
~~ subsequently found to be not due to lum or to be in excess of the
amounts due to him, the amount which I' found to be not due or which
1~ in excess, as the case may be, with mterest thcre()n at 4 pe!Cl"ntum
per annum, or any portion the1 cof wh1ch cannot be otherw!~C adJUSted
by deduction f10m any amount due to ~uch per.,on, ~hall be recovciablc
a~ if it were an arrear of pubbc revenue due on land under the Revenue
Recovery Act for the lime bemg in force.
18. Interim compensation to be paid in case of delay in
payment of compensation.-( l) Where then: i~ delay 111 the a.,~e,s•
mentor payment of compen-,atiOn payable under '>eCtlOn 14, the
compensation officer may direct payment of 111 te11m compcma1 ion to
such extent and in such manner as may be p1 e~cnbcd, p10vided that if
the compensation payable to a Tluruppuholdcr ha~ not been determmed
in accordance with the provisions of this Act before the expu y of one
year from the appomted day, the compematwn onicrr shall, on the
application of the Thiruppuholdc1 concerned, dn cct the payment of an
interim compensation.
(2) The intenm compensatiOn paid under ~ub-~cction (I) ~hall
' be deemed to be palt of the compensatiOn payable under tim Act and
'hall be deducted from and adjusted agamst the compcmation payabk
under this Act.
(3) Where the1e i~ a di~putc m regard to the nght to the com•
pemation amount or any portion thereof, no mtenm compcmatwn or
part, as the case may be, ~hall IJe pa1d to the ThJruppuhuldcr.
CHAPTI::R V
Recovery from landholders of compensation
paid to Thiruppuholders
19. Landholder liable to pay compensation.--The GO\·ern•
ment shall be entitled to collect fJ om each landholder and each
landholder shall be liable to pay to the Guvc1 nmcnt an amount
calculated at twelve times the annual Thiruppuva1am payable by !11m to
the Thu uppuholde1 immediately l>cforc the appointed day towards com
pensation for the extmgu1shment of hi~ liabiiJty to pay Tlllruppuvaiam.
:W. Compensation recoverable in twelve instalments.-
( 1) The landholder shall be liable to pay to Lhe Government the
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compcmation due from him under section I q in twelve equal half
yt:arly instalments, the first Instalment commcncmg from such dJte a~
the Government may specify by notification in the Gazette.
(2) If any instalment of the compensation payable under ~ub·
'><.:chon (I) i<> not paid on the due date, the amount of such Instalment
'>hall beai intetest at the rate of five pet centum per annum from that
date till the date of payment of that instalment.
(3) Nothing contamcd m sub-section (I) ~hall be deemed to
preclude a landholder from paymg at any time a larget sum than the
<.~mou11t of an mstalment or from paymg two or more m~talments
together 01 from paymg the whole amo•·nt due m one mstalment.
(4) If any ~urn in ex< c'' of the amount of any msralment ts paid
by the landholder, it shall be credited towards the ~uccecdmg mstal
ment or tn'>talmenb.
(5) Where a landholder pays the entite amount due m a lump
sum on the date on which the first mstalment is payable, he shall be
allO\\ed a rebate of twenty-five percentum of the amount so p.-!td.
21. Compensation how to be paid.-All pavments due under
section 20 shall be patd to the compensation ollicer or at the neatest
Government treasut y or at the taluk office w1thm the jurisdiction of
wh1ch the land m re~pect of which Thtruppuvaram is payable is situate,
to the credtt of the Government.
22 Board of revenue may condone default.-The Board of
Revenue may, by a general Ol. der notified m the Ga.~:ette, or by a special
order, for suffictent reason, postpone the payment of any instalment
of the compensation or condone default 111 the payment of the com
pensation.
23. Compensation recoverable under Revenue Recovery
Act.-Any amount due to the Government as arrears ol compensation or
other-wise may be recovered as tl they were arrears of public revenue
due on land under the Revenue Recovery Act for the time bemg m force.
CHAPTER VI
Miscellaneous
24. Powers of control of Board of Revenue.-The Board of
Revenue shall have power-
(,t) to give effect to the provisions of this Act, and
(b) to issue in~tructtons for the gutdance of ,the compensation
officers.
25. Arrears of Thiruppuvaram.-r I) Notwithstanding anything
to the contrar}' con tamed m tlus II ct, all arrears of Thiruppuvaram
106
which accrued due before the appointed day and remain unpaid the
Thiruppuholders on that day shall be recoverable by or on behalf
of the fhiruppuholders m the same manner as they were recoverable
immediately before the appomted day.
(2) Notwithstandmg anythmg cont1 med In <u b-section (I) or in
any judgment, dectee or orcer of any court, all such arrears as are
referred to in that sub-sectton shall be deemed to be fully discharged
by payment to the Th1ruppuholder Withm one year from the appointed
day of an amount equal to the arreat s for one year Immediately
precedirrg the appomted day or the actual amount iu arrears, which
ever 1s le~s.
26. Communication of decisions 01 orders against which
appeal or revision lies.-A copy of every derlSlon or order in any
proceedmg~ against 1\'htch an appeal or revision JS provided for under
this Act shall be commumcatcd to the parties concerned In such
manner as may bl! picsctlbcd.
27. Limitation.-(!) For the purpose ofcomputmg the penod of
limitation in respect of any appeal or a ppilcauon for revision agamst
any decision or orde1 under this Act, the date of communication of
a copy of the dec!Slon or order to the appellant or appltcant shall be
deeraed to be the date of the deciswn or order.
(2) Where under thi~ Act an appeal or application for revision
may be preferred to any <tuthority or officer withm a prescnbed penod
or withm such further t t.ne not exceedmg a spectfied period as may be
allowed by such auth011ty o. ol'ficer, the further t1me aforesaid shall be
computed on and from the exp1ry of such prcsc11brd period computed
in accordance with the ptOVJSJOns of sub-section (I).
28. Finality of orders.-1\ny order passed by any officer or
authonty or any decisiOn of the Sub )dtnate Judge's Court or the
Dtstnct Cuurt under thIS Act in respect of matters to be determined fot
the purposes of tillS Act shall, subject to any appeal or revision provtded
under th1s Act, be final.
29. Jurh.diction of cowts barred in certain cases.-( I) No
suit or other legal proceedmgs shall lie agamst the Government for any
act done or purportmg to be done under th1s Act or any rule made
thereunder.
(2) No suit, prosecution or other lcg.-1l proceeding ~hall he
against any officer or set vant of the Government f01 any act done or
purportmg to be done under tlus Act or any rule made thereunder,
without the previous unctton of the Government.
(3) No oili~er or servant of the Gove1nment shall be hable in
respect of any act done or purportmg to be done under this Act or any
I
~'
107
rule made thereunder in good faith in the course of the exercise or the
pO\\ers or the performance of the functwns or the discharge of the duucs
conferred or 1m posed by or under this Act.
(4) No smt, prosecution or other legal proceeding shall be
instituted agamst any officer or servant of the Government for any act
done or purporting to be done under this Act or any rule made there
under after the expiry of SIX months from the date of the act com
plained of.
30. Compensation officer to be public servant.-( I) The
compensatiOn officer shall be deemed to be a publ1c srnant '~ 1thm
the meaning of sectwn 21 of the lnd1an Penal Code (Central Act 45
of 1860).
31. Powers of Board of Revenue etc., to summon and
examine witnesses,- The Board of Revenue, the D1slliCt Collector
and the compensatiOn officer shall, for the purposes of thh Act, have
all the powers of civ1l court when tryJ11g a su1t under the Code
of C1vd Procedure, 1908 (Central Act 5 of 1908) In respect of the
following matters, namely :--
(a) summoning and enforcing, the attenddnce of any person
and cxaminmg htm on Oath;
(b) requiring the discovery and production of any document ;
(c) receiving evidence on affidav1t, and
(d) requiSltJOnmg any pubhc record or copy the1eof from any
court or office.
32. Payment of compensation to be full discharge of liability
to pay Thiruppuvaram.-The payment of compensatiOn under th1s
Act to the fhiruppuholders shall be a full discharge of the liability
for payment of Thiruppuvaram and no further claim for Thiruppu
varam or for payment of compensatiOn shall he against the Government
or the land holders.
33. Power to make rules.-( I) The Government may, by noti
fication m the Gazette, make rules for the purpose of carrvmg into
effect the provisions of th1s Act. '
(2) Every rule under th1s Act shall be la1d as <oon a~ may be
after 1t 1s made before the Legislative Assembly while it IS m sesswn for
a total penod of fourteen days which may be comprised 111 one session
or in two successive sessions, and 1f before the exp1ry of the session in
which 1t 1s so la1d or the sesswn immediately following, the Legislative
Assemblv agrees that the rule <hould be t'1ther modified or annulled,
the rule shall thereafter have t"ffect only 1n such modified f01 m or be of
no effect, as the case may be; so however that any such modlficdtion or
lUH
annulment shall be Without prejudtcc to the valid tty of anything
prev10usly done under that rule.
34. Amendment of Land Tax Act, 1961.-In the Kerala Land
Tax Act, 1961 (13 ofl961),-
(a) in clause (9) of sectiOn 3, the words "Thtruppuvaram or",
in both the places whete they occur, shall be omitted,
(b) for section 14, the followltlg section shall be substituted,
namely.-
"14. AJelvmam.-1\Ielvararn chat sed on and payable 111 respect
of any land shall continue to be pa1d to thos:! cntttled to It as her~to
fore in addttion to the basic tax thereon paya.Jlc to lhe Govcrnmen\"
Coconuts
Coconut otl
THE SCHEDULE
[See sectton 13 (2) J
Rs. :.!S per 1000.
37 pa1sc per Ed ang<uhi. -..,
\