The Kerala Heriditary Village Offices (Abolition) Act, 1961 (No.33 of 1961)

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THE KERALA HEREDITARY VILLAGE OFFICES
(ABOLITION) ACT, 1961
(Act 33 of 1961)
CONTENTS
Pleamble
Subaru.
l Short title and extent.
2. Definmom.
3 Abolmon of hereditary vxllage offices togetllel wull inn-
A‘ents thereof.
4. Power of Dlstnct Collecmr to decide whether a person
was the holder of a hercdnlaly village olficc and
appeal therefrom.
5‘ Relief to holders ofvillage office: abohshed under the
Act.
Po“ er to take ev1dence on oath, etc
Enqumes and proceedings to bejudieml proceedmg‘
Power to make rules
wooym Power {0 remove difficulties.
10. Repeal and savmgs.
‘
ACT 33 OF 1961
THE KERALA HEREDITARY VILLAGE OFFICES
(ABOLITION) ACT, 1961 *
411 Ad In abaluh [IEYJIIIIHUI village ”flu: m [/19 State (If Herald.
I’r:amble,—WH1:REA5 n )s expedient m the publlc mtcxcst to
abolnh herednaxy Vlllage offices and [he emoluments appcrtdxnmg
lllercul m the State of Kerala,
* Published In the Gazette Extraordmary dated 24th Nuvcmhcr,
196l.

.J',‘
730
Bcitenactedm the Twelfth Year of the Republic of India as
follows:—
I. Shrunk andextenl—(l) This Act may be called the Kerala
Hereditary Village Offices (Abolition) Act, l961i
(2) It extends to the whole ol’the Malabai district referred to in
sub-section (2) ofsection 5 of the States Reorganisation Act, 1956
(Central Act 37 of1956).
2. DefirixltanL—In this Act, unless the context otheiuisc requires,
—
(a) “appointed date" means the first day of September, 196l;
(b) "cmolumeritl" means money salaries and all other kinds of
remuneratmn gianted or continued in respect of, or annexed to, any
hereditary village office:
(c) “Misting law ielaling to a heicditai'y Village office" includes
any enactment, rule, bye-law, regulation, order, notification, standing
order or any other instrument or custom, usage at practice relating to
a hereditary Village ollice, which is in force immediately before the
appointed date;
(d) “hereditaty village office” mean: a village office to which
emoluments have been attached and which I: held undei any existing
law relating to a hereditary Village office. for the performance of duties
connected with the administration or collection of the ievenue or with
the maintenance of order or With the settlement of boundaries or other
mutter of Civil administration nf a Village, whether the rervrce:
originally appertaining to the office continue, or have ceased, to be per-
formed or demanded, and by whatsoever designation the office may be
locally known;
(el “holder ofa hereditary Village office” means a pcrlon holding
a hereditary Village office permanently or officiating in a permanent
vacancy after a selection in accordance With the proceduie in force
immediately before the appomtcd date,
(f) “prescribed” means prescribed by rules made under this Act.
3. Abolition of hereditary village aim! lagellm with madam Ikemf.~
Notwithstanding anything in any existing law relating in hereditary
village offices or in any deciee or order of court, wrth effect on and from
the appomted datc,~
(1) all hereditary Village offices shall be,and aie hereby. abolished;
(2) all incidents (including the right to hold office and to receive
emoluments attached theieto, the right if any, to customary fee: or
perquisite: in money or in kind and the liability to lender serVicc)
appertaining to the said village offices shall be, and are hereby,
extinguished.
4. Power of Dism'zt Callzcliir [a decide whether iz person war III: holder qfa
luminary inllagc afict and appml lliertfram.—(l) Ifany question arises a)
to whether a peison was, immediately before the appointed date, the
holder of: herediwiy Village office, the Dntiict Collector shall, after
giving the parties affected an opportunity to be heard and after holding
an enquiry, decide the question.
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73 1
(2) Any person aggrieved by the decision of the District Collector
under subduction (I) may, wrthrn sixty days of such dccrlion, prefer an
appeal to the Board of Revenue, and the decision of the Board of
Revenue on such appeal shall be final.
5. Rellgfla lmldm 0f illage ofllm abolished under the ALL—The holders
of hereditary Village 055;“ shall, on the abolition of the offices under
section 3, be either~
(r‘, appornted in suitable posts undei the Government 111
accordance With such rules as may be prescribed; or
(it) paid by way of Solatrum 2t gratuity in new: dance with the
iulel made m that behalf.
6. Power to ink: evidence on oaih, elm—The District Collector and the
Board of Revenut shall, for the purposes of tin: Act, have the same
powers at are vested in a court under the Code of Civil Procedure,
1908, when trying a suit, in respect cfihe followmg matte", namely :—
(a) lummoning and eriforcriig the attendance oliany person and
cit-mining him on oath;
(b) requiring the discovery and production of documents;
(0) r'eceivrng evrdence on aflidavrt.
7. Enquiries and proreedmgs 10 be Judicial piacizduigr.—-All enqurr ie: and
proceedings before the District ColleCtnr or the Board of Reveui'ie
under this Act shall be deemed to be JudlClal proceedings Within the
meaning ol'lections 193, 219 and 228 of the Indian Penal Code.
8. Pour [0 make "llfli‘,—(l) The Goverment may, by notification in
the Gazette, makerulel to cany out the puiposel of this Act.
(2) In particular, and without prejudice to the generality of the
forcgomg power, such rules may provrde for
——
(a) the procedure to be followed by the District Collector in
determining questions as to whether aperson was the
holder of a hereditary Village office or not;
(b) the procedure relating to appeal: bciorc the Board of
Revenue,
(e) the qualifications and other conditions for appointment of
holders of hereditary village offices in suitable posts under
the Cover ninent ,
(d) the princrples of determining the gratuity payable under
section 5, the form of Application {or the grant of such
gratuity, the time Within which and the authority to
which such applications shall be made and appeals from
orders on such applications ,
(c) any other matter which has to be, or may be, prescribed
under this Act.
(3) All rules made under this section shall be Lird before the
Legislative Assembly for a period of rmt less than fourteen days, as soon
.15 possible after they art: made, and shall be subject in such modifir/zh
iions as the Legislative Assembly may make during the SCSHOI] in which
they are so Laid or the sessmn immediately followrng.
34/4095
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732
‘J. Pinup la imam rltfizullm.—Ifmiy difficulty arises in gtvmg effect
to the piowsions of tlus Act, the Govcuimcm may by order make such
ptousmn m give such dilution, not mcnnsmcn! With the piowsmns of
(ht) Act, as may Appeal to than to be necessary 01 cxpedtcnl for the
mmoval ol' the difficulty, and the order of the Government, In such
gasps, shall be final.
I
10. Repml and mmngLiO) Atty exnung 1th tclatmg to a hetcdilaty
vtllagc ofiicc m foxce in the Malabar district IDRIICd to m sulrscction
(2) ofscclton 5 of the States Rcotgamsatton Act, 1956 (Central Act
37 of1956), IS hciebv tcpcalcd :
Prowl-led that the ICpcdl shall not alfect—
(a) any obligation or liability aheadv Incuu-ed by the holdcx of
a hcrcdntaty Village ollicc or otltut person below the
appomtcd date.
(b) any proceeding on icmcdy tn rcspcct of such obligation or
lidblllly, and any such ptocccding may be continued and
any such remedy may be enforced as if this Act had not
been passed.
(2) The Kcrah Hereditary Village Ollices (Abolition) Oidinaucc,
1961 (Ordmance No. 5 of 196]), Is hencby tcpcalcd
.
Piovidcd that .mything done or any action taken (mcludmg any
directions given and o.dcrs and lulc) made) undo: the said Oidniancc
shall be deemed to have been dam. m mLm undet this Act as if this
Act ttcrc in force on thc day on WhlLll such thing was done 0t action
was taken

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