The Pattazhi Devaswom Lands (Vesting and Enfranchisement) Act, 1961 (No.21 of 1961)

467
THE PATTAZHI DEVASWOM LANDS (VESTlNG AND
ENmANCHISEMENT) ACT, 1961
(Act 2| of 1961)
CONTENTS
Preamble.
Secuons .
ll.
l2.
[3.
Short title and commencement.
Saving.
‘
Definiuons.
Cesmion of the rights of rhe Temple.
Tenants to be proprietors and tharissu to Vest m Government.
Compensation to the Temple.
Tenants to pay compensation fox rights vested in them.
Liability to pay basnc tax and cess on land.
Issue of palms, em, to tenants. .
Amounts due to Government to be recoverable nude: the
Revenue Recovery Am.
Indemmty.
Power to make rules.
Po .ver [0 remove difficulties.
Schedule.

468
ACT 21 OF 1961
THE PATTAZHI DEVASWOM LANDS (VESTING AND
ENFRANCHISEMENT) ACT, 1961
~
An Art In provide for the zq/‘mnrhistmenl of urlam (and: belangmg la III:
Pallazhz Dem Temple and m Keezhrrdux andfar 1h: vetting m [In
Government If Kcmla of certain other land: belonging la the mid
Temple and KetzlueduJ.
Pr:amble.—WHEREA5 it is expedient to provide for the enl'ranchise
ment of certain lands belonging to the Pattazhi Devi Temple and its
Keezhcedus and for the vesting m the Government of Kerala ol'ccrtain
other lands belonging to the said Temple and Keezhecdus,
B: it enacted in the Twelfth Year of the Republic of India as
follows.—~
l. Slum mic and cammzmmnl.—(l) This Act may be called the
Pattazhi Devaswom Lands (Vesting and Enl'ranchisement) Act, 1961.
(2) It shall come into force at once.
2‘ Samng.—Nothing in this Act shall apply to the lands spemfied in
the Schedule.
3. szmxlmmiiln this Act, unless the context otherwise requires,~
(a i “basic tax" means the tax imposed by the Government under
the provisions of the Kerala Land Tax Act, 1961 ;
(b) "Government" means the Government of Kerala.
(c) “holding" means any land owned by the Temple and held hy
tenant,
.
(d) “pmscribed” means prescribed by mics made under this
Act
(e) “Temple" means the Pattazhi Devi Temple Situated in the
Pattazhi Village In the Pathanapuram Taluk and includes the following
Keezheedus of the said Temple. namely:—
(i) the Kundayam temple situated in the Patlazhi Village in
the Pathanapuram Taluk; and
(ii) the Mannadi temple situated in the Kadampanadu Village
in the Kunnathur Taluk
.
(1“) “tenant" means a person holding at the commencement of
this Act lands owned by the Temple on \cnpattam. kanam or any othei
kind of tenure directly under the temple,
(g) “tharissu” means land owned by the Temple and entered as
“tharissu” in the revenue records.
in! keceivcd the assent of the Prmdent on 23rd June 1961 and
published In the Gazette Extraordinary dated 6th july 1961

469
4. Casalzon aftli: ugh}: qflhe Tamplr.——On and after the commence-
ment of this Act, nOIWithstanding anything contained in any law or
contract or in any decree or order of court, the Temple shall—
(1) cease to have any right, claim or interest in respect of—
(i) the lands comprised in the holdings; and
(ii) tharissu, and
i
(2) cease to have any right to callect arrears of rent in respect of
lands comprised in any holding which remain unpaid to the Temple on
the date of commencement of this Act,
but the Temple shall be entitled to icceive and be paid compensation
as hereinafter provided for the extinguishmcn' of such rights, claims
and-interests.
5. Tenant: to be proprietors and thamm to wt in Gnmnment.—On and
alter the commencement of this Act,—
(i) every tenant shall, subject to the provlswns of section 7,
have full proprietary righis in the land comprised in his
holding and such rights shall be heritable and alienablc,
(ii) the tenants shall not be liable to pay rent to the Temple;
and
(iii), all tharissu sliall vest in the Government.
6. Campensati'nnla the 72mple.—(l) The Government shall, by way
of compensation for the extinguishmcnt of the rights, claims and
interests of the Temple under section 4, pay to the Temple a sum of
four lakhs and seventy-five thousand rupees.
(’2) The amount of compensation payable under sub-sectitm (1)
shall he paid in cash and shall bear interest at the rate of 4 per cent
per annum from the ~lst day of April, l959, till the date of payment.
7. Tenant: to pit} campenmlwn far right! varied in tfiem.—( l) In conSi-
deration of the rights vested in a tenant under section 5, the tenant
shall be liable to pay—
(i) to the Government—~—
(a) in such manner as may be prescribed an amount which
shall be equal to nine times the annual rent on the lands
comprised in the holding where such lands are lands
adapted for the cultivation of paddy, or five times the
annual rent on the lands comprised in the holding where
such lands are not lands adapted for the cultivation of
paddy; and
(h) the basic tax in respect of the lands comprised in his hold-
ing from the first day of April, 1959, up to the commence»
men: of this Act, and
(ii) [0 the panchayat the cess‘in respect of the lands comprised in
his holding from the first day of April, 1959, up to the commencement
of this Act.

470
(2) Where the annual rent on any land comprised in a holding is
fixed in paddy, such annual rent shall, for the purposes of this section,
be computed in money at the rate of one r'upce and fifty naye parse per
para of paddy.
(3) The amount payable under sub—clause (a) of clause (i) of sub-
section (1) shall bear interest at the rate oft} per cent per annum from
the date of the commencement ol'this Act. The amount shalll be paid
in twelve equal half-yearly instalments together with interest accrued
due on the amount outstanding on the date of payment ol‘ each instal-
ment.
.
Provided that it shall be open to the tenant to pay such amount in
a lump, Without any interest, wrthin a period of one year from the corn-
mencement of this Act.
8. Lmbrhlj Ia pry bum lax undress on lands—(l) Notwithstandmg‘any-
thing contamcd in this Act or in the Kerala Land Tax Act, 196],—
(1) the Temple shall be liable to pay to the Government, in
respect of the lands comprised in the holdings and the
tharissu only one-hallof the basic tax for the financial
year 1958-59, and no basic tax shall be payable in respect
of such lands by the Temple to the Government from the
lst day oprril, 1959;
(n) every tenant shall be liable to pay basic tax to the Govern-
ment on and from the commencement of this Act. in
respect of the land comprised in his holding.
(2) Notwithstanding anything contained in this Act or in the
Kerala Pancha tats Act, l960, or In any rules, bye-laws, notifications or
orders issued thereunder,—
(i) the Temple shall be liable to pay to any panchayat only
one-half of the cess on land {or the financial year l958-59
levied by that panchayat in respect of the land comprised
in the holdings and the tharissu, and no cess on land shall
be payable in respect of any such land by the Temple to
any panehayat from the lst day of'April, 1959;
(it) every tenant shall be liable to pay on and from the oom~
mencement of this Act the eess on land in respect of the
land comprised in his holding levied by the panchayat
within whOsejurrsdiction such land is situated.
9. Irsue a]patter, ”5., to InmnlL—(l) As soon as may be after the
commencement of this Act the Government shall issue pattas or other
documents e\idencmg the right of the tenants in their holdings. Such
pattas or other documents shall contain such particulars as may be
pracrrbedv v
(2) The Government may appoint or anthorise such officer or
officers as they deem necessary for the purpose ofsettling the tax or other
dues payable by the tenants to the Government or to any other autho.
rZry and for the Issue of pattas or other documents.

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10. Amman: due to Gar/Human! to In ucorzrable under the Revenue Revue-ear
Ael,——Any amount due to the Government from the tenants under this
Act shall be a first charge on the holdings, and the instalments and
interest due shall be recoverable as aiicars of land revenue under the
provisions of the Travaricore-Cochin Rexenue Recoveiy Act, [951, as if
they were arrears of public revenue due to the Government.
‘
ll. ludemmgtflul Na suit or other legal proceeding shall lie against
the Government for any act which is in good faith done or intended to
be done under this Act.
(2) No suit, prosecution in other legal proceeding shall be instituted
against any officer or_ person duly appmntcd or authorised under this
Act in respect of anything which is in good faith done or intended to he
done under this Act or the rules made thereunder.
12. Power to make rulex.i( l) The Government may, by notification
in the Gazette, make rules for the purpose of carrying into effect the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for—
(a) the settlement of the tax or other dues pa)able by the
tenants;
(b) the determination of the date of payment of the first instal
merit of dues by the tenants;
(c) the pi ocedurc for the issue of pattas or other documents
\
and the particulars they should contain;
(d) prescribing forms where forms are necessary,
(e) piOViding for appeals from order: of the officcis appointed
or authorised to settle the tax or other dues or to is‘ue
pattas or other documents;
(f) regulating the powers of the appellate authority and the
procedure to be followed by such authority;
(g) all other matters required or allowed by this Act to be
prtscribed.
(3) The power to make rules conferiied by this section is subject to
the condition of previous publication.
(4) The niles made under this section shall, as soon as possible after
they are made, be laid before the Legislative Assembly of the State of
Kcmla for a period of not less than fourteen days and shall be subjcct
to such modification as the Legislative Assembly may make during the
sgsion in which they are so laid or the scs>ion immediately following.
13. Pawn to rerun»: difimlms.—Il'any difficulty arises in givmg efi'ect
to the provisions of this Act, the Government may, as ocmsioi; may
require, do anything which appears to them nCCessary for the purpose
of removing the difficulty.

Description of lands exempted from the provisions 0f the Act
SCHEDULE
(See .mlwn 2)
Survey ] Extent
5]. No.
'
Taluk Village
~
Remarks
No. | Letter l Acre l Cents
l Pathanapuram Pattazih 20 l57 I 5 10 Kutialamalamkavu required {or the conduct of
Kurava Malakkuda function in Mccnam.
2 do. do l32 449 2 58 Pulikkunnumala required for the conduct of
Thullal and PODjZIS in connection With the
Makayiram’l'huunal l'utival in Kumbhom.
’5 do. do 176 6 l 10 Tank and its premises (Pattazhi Devaswom)
4 do, dol 207 9A] 6 51 Patxazhi Temple site and the buildings in it
(village office, camp shed and temple buildings)
'"1 do do 208 l 70 Site of Devaswom Superintendent 5 Office,
Puma and the building in it.
6 do do 210 ll 20 Land on the eastern side of Vadakke Arapum,
7 do. do 207 3 85 Pathway leading l0 temple tank.
8 do. do 210 l2 . _ 48 Site of Ihe Vadakke Arapura and the buildings
9 do. do. 503 l 2 27 Site of Kundayam temple (Kcezhccdu of the
Pattazhl Dcvaswom) and the building.
10 Kunnathoor Kadambanad 407 IA 89 Site of Mannadi temple and the building:
therein.
I l Pathanapuram Pauazhi 95 5 One mango tree and one jack tree on road
puramboke, Thanathu—leased out on short
term Kuthakapattom.
I? do do 419 318 56 Thanathu land leased out on short term
Kuthakapattom.
I3 do. do. ; Nine trees standing on the bunds at KanJira-
thumkal Yellah, Neduvankulathu Yellah and
Chirakkara Yellah—T hanathu—leased out
~
on short term Kuthakapanom.
I
Z

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