LexThe JENMIKARAM PAYMENT (ABOLITION) ACT, 1960
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE JENMIKARAM PAYMENT (ABOLITION) ACT, 1960
(ACT 3 OF 1961)
CONTENTS
Preamble.
Sections:
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Abolition of Jenmikaram and payment of compensation to Jenmies
3. Jenmikaram to be abolished.
4. Amount of compensation to be paid.
5. Compensation to be paid in cash or in bonds.
6. Interim compensation to be paid in case of delay in payment of compensation.
7. Proceedings relating to payment of compensation to lie before Compensation
Officer.
8. Jenmikaram Register presumed to describe correctly the right; title and interest of the
Jenmi and Kudiyan.
9. Compensation rolls to be prepared by the Compensation Officer.
10. Publication of draft compensation roll.
11. Orders of Compensation Officers to be deemed to be decrees of Civil Courts.
12. Corrections to the final compensation rolls.
13. Payment of compensation.
14. Payment of compensation to be full discharge of the liability to pay jenmikaram.
CHAPTER III
Recovery from kudiyans of the compensation amounts paid to Jenmies
15. Kudiyan liable to pay compensation.
16. Compensation recoverable in sixteen instalments.
17. Payment of compensation in the nearest treasury.
18. Government may condone default.
19. Kudiyans continued liability to repay compensation in case of division or transfer
of holding.
20. Compensation recoverable under Revenue Recovery Act.
CHAPTER IV
Miscellaneous
21. Compensation Officer.
22. Compensation Officer a public servant.
23. No action to lie against Government or any officer.
24. Rules.
25. Difficulties.
26. Repeal.
SCHEDULE.
ACT 3 OF 1961
THE JENMIKARAM PAYMENT (ABOLITION) ACT, 1960 *
An Act for the abolition of Jenmikaram payable under the Travancore Jenmi and Kudiyan
Act, 1071.
Preamble.—WHEREAS it is necessary, in public interest, to abolish the recurring and
periodical payment of jenmikaram to Jenmies under the Travancore Jenmi and Kudiyan Act
of 1071 and to provide for the payment of a lump sum compensation to the Jenmies in lieu of
such periodical payments and thus conferring on the Kudiyans full proprietary rights over
their holdings and for other matters incidental thereto;
BE it enacted in the Eleventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Jenmikaram
Payment (Abolition) Act, 1960.
(2) It extends to the whole of Travancore area in the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in
the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) 'appointed day' means the day on which the Act comes into force;
(b) 'Compensation Officer' means the officer appointed under section 21;
(c) the terms "jenmom land", "jenmi", "kudiyan", "Kanappattam", "jenmikaram" and
"holding" have the same meaning as in the Travancore Jenmi and Kudiyan Act of 1071;
(d) "prescribed" means prescribed by rules under this Act;
(e) "register of jenmikarams" means the register of jenmikarams referred to in
section 40B of the Travancore Jenmi and Kudiyan Act of 1071.
* Received the assent of the President on 21st January, 1961 and published in the Gazette Extraordinary No 8
dated 3rd February 1961.
CHAPTER II
ABOLITION OF JENMIKARAM AND PAYMENT OF
COMPENSATION TO JENMIES
3. Jenmikaram to be abolished. —(1) From and after the commencement of this Act,
notwithstanding anything contained in any law or contract for the time being in force, the
Jenmi shall not have the right to receive payment of Jenmikaram and the Kudiyan shall have
no liability to pay any Jenmikaram to the Jenmi and the right to receive payment of, and the
liability to pay, Jenmikaram shall be extinguished.
(2) Every Jenmi whose right to receive payment of Jenmikaram has been
extinguished under sub-section (1), shall be entitled to receive and be paid compensation by
the Government as hereinafter provided.
4. Amount of compensation to be paid.—(1) Government shall pay to every Jenmi other
than a religious or charitable institution of a public nature whose right to receive payment of
Jenmikaram has been extinguished, compensation according to the scales specified in the
Schedule. In computing the compensation payable, 2½ per centum shall be deducted from the
Jenmikaram for collection charges and the balance alone shall be multiplied as provided for
in the Schedule. The amount of compensation determined according to the scale specified
above shall be deemed to have accrued due from the appointed day 1[and, subject to the
provisions of section 13A, interest thereon shall be payable] at the rate of 4 per centum per
annum from the appointed day till the date of payment of compensation in case the amount of
compensation is paid in cash or till the date of redemption of the bonds, if compensation is
paid in Government bonds.
(2) Where the jenmi whose right to receive payment of jenmikaram has been
extinguished is, at the commencement of this Act, a religious or charitable institution of a
public nature, Government shall, by way of compensation, pay to the institution every year
an amount equal to the balance arrived at after deducting from the jenmikaram which such
institution was entitled to receive immediately before the commencement of this Act, two and
a half per cent of such jenmikaram towards collection charges.
(3) If any question arises as to whether an institution is a religious or charitable
institution of a public nature it shall be decided by such authority as may be prescribed.
5. Compensation to be paid in cash or in bonds. —The compensation payable under
section 4 may be paid either in cash or in Government bonds carrying 4 per centum interest
per annum and redeemable at the expiration of 6 years from the date of issue of bonds or
partly in cash and partly in bonds, as may be prescribed.
6. Interim compensation to be paid in case of delay in payment of compensation. —(1)
Where there is delay in the assessment or payment of compensation payable under section 4,
Government may direct payment of interim compensation to such extent and in such manner
as may be prescribed, provided that if the compensation payable to a Jenmi has not been
1 Substituted by Act 15 of 1975 (w.e.f 13th May, 1975)
determined in accordance with the provisions of this Act before the expiry of one year from
the appointed day, Government shall, on the application of the Jenmi concerned, direct the
payment of an interim compensation.
(2) The interim compensation paid under sub-section (1) shall be deemed to be part
of the compensation payable under this Act and shall be deducted from and adjusted against
it.
(3) Where there is a dispute in regard to the right to the compensation amount or any
portion thereof, no interim compensation or part as the case may be shall be paid to the
Jenmi.
7. Proceedings relating to payment of compensation to lie before Compensation Officer.
— All proceedings relating to the assessment of compensation payable to the Jenmi under
section 4 and to the the payment of the same to the persons entitled thereto shall lie before the
Compensation Officer within whose jurisdiction the holding is situate.
8. Jenmikaram Register presumed to describe correctly the right, title and interest of
the Jenmi and Kudiyan. —Every entry in the Register of Jenmikaram prepared or revised
under the Travancore Jenmi and Kudiyan Act, 1071, and which is valid and effective
immediately before the appointed day shall for the purpose of assessment and payment of
compensation under this Act be deemed to describe correctly the right, title and interest of
every Jenmi and Kudiyan in respect of the holding or part thereof to which it relates:
Provided that-
(a) any modification, alteration or correction made in the register under the
Travancore Jenmi and Kudiyan Act or in consequence of any decree or order of any Court,
shall be taken into account by the Compensation Officer;
(b) nothing contained in this section shall preclude the Compensation Officer from
correcting, either on his own motion or on the the application of any person interested, any
clerical or arithmetical mistake or error apparent on the face of the record, if he is satisfied
that such a mistake or error exists in any entry in the register.
9. Compensation rolls to be prepared by the Compensation Officer.—With a view to the
payment of compensation to the Jenmies under this Act, the Compensation Officer shall in
the manner prescribed, prepare a draft compensation roll of every Jenmi in respect of his
holding showing—
(a) the jenmikaram in respect of the holding or part thereof;
(b) the names of persons entitled to receive the Jenmikaram;
(c) the Kudiyans liable to pay the jenmikaram in respect of the holding or part
thereof;
(d) the amount of compensation payable under this Act; and
(e) such other particulars as may be prescribed.
10. Publication of draft compensation roll. —(1) After the draft compensation roll is
prepared under section 9, the Compensation Officer shall—
(a) publish a notice in the Gazette and in such other manner as may be prescribed
to the effect that the compensation roll has been prepared and is open to inspection by the
person interested;
(b) serve or cause to be served on the Jenmi and the Kudiyan concerned a notice
along with a copy of the compensation roll.
(2) The notice under sub-section (1) shall call upon all persons interested including
members of the family of the Jenmi claiming any portion of such compensation whether by
way of a share or by by way of maintenance or otherwise, to appear and file objections and
claims within such period as may be prescribed.
(3) If any objection is filed within the time prescribed, it shall be registered by the
Compensation Officer who shall fix a date for hearing the same and shall give intimation
thereof to the Jenmi concerned and to any person interested who may have appeared in reply
to the notice under sub-section (2).
(4) On the date fixed or any date to which the proceedings are adjourned the
Compensation Officer shall inquire into and decide the claims and objections.
(5) In hearing and deciding the objections filed under sub-section (3), the
Compensation Officer shall, in so far as they may be applicable, have all the powers of a
Civil Court, and subject to such modifications as may be prescribed, follow the procedure
laid down in the Code of Civil Procedure, 1908, for the hearing and disposal of suits relating
to immovable property.
11. Orders of Compensation Officers to be deemed to be decrees of Civil Courts. —(1)
The order of the Compensation Officer in deciding an objection under section 10 or
apportioning the compensation among the persons entitled thereto shall be deemed to be a
decree of a Civil Court and shall contain a concise statement of the case, the points for
determination, the decisions thereon and the reasons for such decision.
(2) Notwithstanding anything contained in any law, any person aggrieved by the
order of the Compensation Officer may appeal within thirty days to the District Court having
jurisdiction over the area and the order of the District Court upon such appeal shall be final:
Provided that the High Court, for the purposes of satisfying itself that an order
made in any appeal decided by the District Court was according to law, may call for the
records of the case and pass such order with respect thereto as it thinks fit.
12. Corrections to the final compensation rolls. —Except as provided by or under this
Act, no correction shall be made in the compensation roll after it has become final, provided
that the Compensation Officer, having jurisdiction for the time being, may at any time, before
the payment of compensation either of his own motion or on any application filed by a person
interested, correct any clerical or arithmetical mistake or any error arising therein from any
accidental slip or omission.
13. Payment of compensation. —(1) The compensation payable under this Act shall be
paid to the persons whose names have been entered in the compensation roll as being entitled
thereto.
(2) Where a person entitled to the compensation dies before it is paid to him, it shall
be paid to his legal representatives.
(3) Where the person entitled to receive the compensation is a trust or endowment or
a minor or a person suffering from some legal disability or a limited owner, the compensation
may, notwithstanding anything contained in any law, but subject to any general directions that
the State Government may give, be deposited for and on behalf of the person with such
authority or Bank as may be prescribed.
(4) Where before any Court or authority any suit or proceeding is pending which
directly or indirectly affects or is likely to affect the right of any person to receive the whole
or part of the compensation payable under this Act, the Court or authority may require the
Compensation Officer to place at its disposal the amount so payable and thereupon the same
shall be disposed of in accordance with the orders of such Court or authority.
1[13A. Deposit when compensation not received by jenmi. —(1) Notwithstanding
anything contained in sub-sections (1) and (2) of section 13, where the compensation is not
received by the person entitled thereto within a period of one year from the date on which the
compensation roll has become final, the Compensation Officer shall serve or cause to be
served on such person a notice calling upon him to appear before the Compensation Officer
or such other officer as may be specified in the notice and receive payment of the
compensation due to him within such time, not being less than thirty days from the date of
service of the notice, as may be specified in the notice.
(2)Where the person entitled to receive the compensation does not appear before the
officer specified in the notice under sub-section (1) and receive the compensation within the
time specified in the notice, the amount of compensation shall be deposited in the
Government treasury under Revenue Deposit, together with interest accrued due on such
amount from the appointed day till the date of such deposit.
(3) Where the amount of compensation is deposited under sub-section (2), no
interest shall accrue on such amount from the date of such deposit.]
14. Payment of compensation to be full discharge of the liability to pay jenmikaram. —
(1) The payment of compensation to the Jenmies or other persons entitled thereto in the
manner prescribed by or under this Act shall be a full discharge of the liability for payment of
Jenmikaram and no further claims for Jenmikaram or for payment of compensation shall lie.
1 Inserted by Act 15 of 1975 (w.e.f 13th May, 1975)
(2) Notwithstanding anything to the contrary contained in this Act any arrear of
Jenmikaram due to a Jenmi immediately prior to the commencement of this Act and
remaining unpaid after such commencement may be recovered by or on behalf of the Jenmi
in the same manner as before the commencement of this Act in six equal yearly instalments.
CHAPTER III
RECOVERY FROM KUDIYANS OF THE COMPENSATION AMOUNTS
PAID TO JENMIES
15. Kudiyan liable to pay compensation. —The Government shall be entitled to collect
from each Kudiyan and each Kudiyan shall be liable to pay to the Government an amount
calculated at 8 1/3 times the Jenmikaram payable by him to his Jenmi towards compensation
for the extinguishment by the Government of his liability to pay Jenmikaram to his Jenmi and
the conferment of full ownership on him in respect of his holding. The compensation
recoverable from a Kudiyan shall, subject only to the priority of any tax or cess payable to
the Government, be a first charge on the holding and shall be recovered from the Kudiyans in
the manner hereinafter provided.
16. Compensation recoverable in sixteen instalments. —The Kudiyan shall be liable to
pay to Government the compensation due from him under section 15 in sixteen equal half-
yearly instalments with interest at 5 per centum per annum, the first instalment commencing
from such date as Government may notify, provided that nothing in this section shall be
deemed to preclude a Kudiyan from paying at any time a larger sum than the amount of an
instalment or from paying the whole amount due in one instalment. If any sum in excess of
the amount of any instalment be paid, it shall be credited in reduction of the total amount due,
the number of future instalments being, if necessary reduced, but no postponement of
subsequent instalment shall be permitted, nor shall the alteration in the amounts of
subsequent instalments allowed except in the final instalment, if such alteration is necessary
to adjust the balance due. Where a Kudiyan pays the entire amount due in a lump sum on the
date on which the first instalment is payable, he shall be allowed a rebate of 5 per centum of
the amount so paid.
17. Payment of compensation in the nearest treasury.—All payments due under section
16 shall be paid at the nearest Government Treasury or the Village Office within the
jurisdiction of which the holding is situate to the credit of the Government or at such other
place and in such manner as Government may prescribe.
18. Government may condone default.—Government may, by a general or special order
notified in the Gazette, for sufficient reason, postpone the payment of any instalment or con-
done the default.
19. Kudiyan's continued liability to repay compensation in case of division or transfer
of holding.—Where a holding is divided or transferred by sale, gift or otherwise by a
Kudiyan, he shall continue liable for the payment of the compensation amount due to
Government unless such division or transfer is effected with the permission of the Collector
or such other officer empowered in this behalf, and the necessary entries fixing the respective
liabilities have been made in the revenue records in accordance with the division or transfer,
provided that nothing in this section shall preclude Government to proceed against the entire
holding and recover the amounts due to Government, leaving the parties to settle their claims
against each other between themselves.
20. Compensation recoverable under Revenue Recovery Act. —Any amount due to the
Government as arrears of compensation amount or otherwise may be recovered under the
provisions of the Travancore-Cochin Revenue Recovery Act, 1951 (VII of 1951), as if they
were arrears of public revenue due to the Government.
CHAPTER IV
MISCELLANEOUS
21. Compensation Officer.—The Government shall appoint Compensation Officers for
the purpose of determining compensation payable under this Act and for the purpose of
settling the amounts due to Government from Kudiyans.
22. Compensation Officer a public servant.—(1) Compensation Officers appointed
under section 21 shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code.
(2) The Compensation Officer shall have all the powers of a civil court while trying
a suit under the Code of Civil Procedure, 1908, in respect of the following matters:—
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document;
(c) receiving the evidence on affidavit; and
(d) requisitioning any public record or a copy thereof from any court or office.
23. No action to lie against Government or any officer. —(1) No suit or other legal
proceedings shall lie against the Government for any act done or purporting to be done under
this Act.
(2) No suit, prosecution or other legal proceedings shall be instituted against any
officer or person duly authorised under this Act in respect of anything in good faith done or
intended to be done under this Act or the rules made thereunder.
24. Rules.—(1) 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 authority by whom the question as to whether an institution is a religious
or charitable institution of a public nature is to be decided, appeals therefrom and the
procedure to be followed in deciding the question and in appeals;
(b) the proportion in which the compensation may be paid in cash and in bonds;
(c) the extent and manner of payment of interim compensation;
(d) the manner in which the compensation roll has to be prepared;
(e) the time within which objections have to be preferred on the notice of
compensation roll;
(f) the fee to be paid on the memorandum of appeal under sub-section (2) of
section 11;
(g) the authority or bank in which deposits may be made under sub-section (3) of
section 13;
(h) the date from which the payment of the 1 st instalment of compensation by
Kudiyan shall begin;
(i) the places where the compensation amount may be paid by the Kudiyan; and
(j) for all matters expressly required or allowed to be prescribed by rules.
(3) The power to make rules conferred by this section is subject to the condition of
previous publication.
(4) All rules made under this Act shall be published in the Gazette and shall have
effect as if enacted in this Act.
(5) All rules made under this section shall, as soon as may be after they are made, be
laid before the Legislative Assembly for a period of not less than seven days and shall be
subject to such modifications, by way of repeal or amendment, as the Legislative Assembly
may make during the session in which they are so laid or the session immediately following.
25. Difficulties.—If any difficulty arises in giving effect to the provisions of this Act,
the Government as occasion may require, may by order do anything which appears to them
necessary for the purpose of removing the difficulty.
26. Repeal.—The Travancore Jenmi and Kudiyan Act, 1071 is hereby repealed:
Provided that such repeal shall not—
(a) revive anything not in force or existing at the time at which repeal takes effect; or
(b) affect the previous operation of the enactment so repealed or anything done or
suffered thereunder; or
(c) affect any investigation, legal proceedings or remedy in respect of any such right,
privilege, obligation or liability under the enactment so repealed and any such investigation,
legal proceedings or remedy may be instituted, continued or enforced as if the said enactment
had not been repealed.
SCHEDULE
(See section 4)
Aggregate of the Jenmikaram
due to a Jenmi.
Compensation payable
to the Jenmi.
(a) Rs. 500 and below 12 times the Jenmikaram less the collection charges.
(b) Above Rs. 500 but not
exceeding Rs. 1,000
9 times the Jenmikaram less collection charges subject to a
minimum which is not less than the maximum amount
payable under (a)
(c) Above Rs. 1,000 but not
exceeding Rs. 3,000
7 times the Jenmikaram less collection charges subject to a
minimum which is not less than the maximum amount
payable under (b).
(d) Above Rs. 3,000 but not
exceeding Rs. 7,000
5 times the Jenmikaram less collection charges subject to a
minmum which is not less than the maximum amount
payable under (c).
(e) Above Rs. 7,000 4 times the Jenmikaram less collection charges subject to a
minimum which is not less than the maximum amount
payable under (d).
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